Tuesday, December 14, 2010

What We Might Expect From Rudy Guede’s Second And Final Appeal Starting In Rome On Thursday.

Posted by James Raper


Rudy’s final appeal is going to start this Thursday.

This is his last appeal, having already been convicted and having already had his sentence reduced to take in to account the same extenuating circumstances accorded to Amanda and Raffaele, and the reduction which is accorded as a result of his opting for the fast track trial.

The Supreme Court of Cassation will not be hearing the evidence all over again or taking fresh testimony. Its function is to review the case and satisfy itself that the verdict of the lower court was sound. It can not overrule the trial court’s interpretation of the evidence, rather, it corrects a lower court’s interpretation or application of the law.

Accordingly it is difficult to see what we are going to get out of this last appeal.

Guede’s conviction (affirmed on first appeal) rests to a large extent on DNA evidence which looks particularly strong. As regards sentence it seems that he has already had all the reduction to which he is entitled.

If Amanda and Raffaele have their sentences increased (unlikely but possible) then it may follow that Rudy will have his sentence increased, and that might be a reason why his appeal is kicking off after the other two, though of course it is likely to conclude well before.

Most of us would of course like Rudy to tell us how it really was, simply because we believe that we already know what this would amount to and that it would totally undermine Amanda and Raffaele. However it would probably undermine Rudy even further and he is already serving for aggravated sexual assault and his lawyers’ advice might be that 16 years is not that much more than he would get for that anyway. In England the maximum penalty for this offence is 20 years.

I think that Rudy has already had the benefit of a tactical victory and that he will leave it at that. Also Amanda and Raffaele have benefited from this.

I appreciate the reasons for fast track trials but the effect in this instance seems to be to preclude the evidence from one trial from being heard (where relevant) in the other trial ( where, in all fairness, it would have to be tested again by those adversely affected).

It would be normal in the UK for three defendants on the same charge relating to the same incident on much the same evidence to be tried together on their “not guilty” pleas, without some good reason as to why there should be separate trials.

In that scenario, assuming that if Rudy had testified the other two would have done so too, then we would have had a three way cutthroat defence, which would have been interesting to say the least.

We may have got a little further in to motive. In fact we already have Rudy’s testimony (his spontaneous statement at his previous appeal) that Amanda and Meredith were arguing in the cottage over Meredith’s missing money and that this developed into a fight.

He did not say that at his fast track trial but I am pretty sure he would have during a trial of all three together. Also, here in the UK, you only get as much as a third off if you plead guilty. He got a third off even though he pleaded not guilty.

So overall there seems to be no advantage to him now to tell it as it was.

That is a matter between him and his conscience. He has already been called once to testify at Amanda’s and Raffaele’s trial where he refused to.  I think that is highly unlikely that there are going to be any explosive developments as far as Rudy is concerned.

That was an opportunity lost in the system. Amanda’s and Raffaele’s appeal is the real focus of interest now

To me a third off just for a fast track seems to be a lot, especially given the system of automatic appeals. It was a very smart move by his lawyers - playing the system - but it also had the adverse effect, for the rest of us, of being unhelpful at getting at the truth.


Posted by James Raper on 12/14/10 at 04:05 PM in Trials 2008 & 2009Guede appeals


Comments

Quote “To me a third off just for a fast track seems to be a lot, especially given the system of automatic appeals. It was a very smart move by his lawyers - playing the system - but it also had the adverse effect, for the rest of us, of being unhelpful at getting at the truth.”

My thoughts exactly. Rudy seemingly accepted his lawyers (good) advice, while Raffaele Sollecito and Amanda Knox tried to lie their way through the trial and hoped for the best. Their lawyers seem to play along, but I have no doubt that initially they had advised them about the risks. Long forgotten are the words of Amanda’s lawyer to “tell the truth”.

I do not believe we will ever know what exactly went on that fateful night. Everything we know is reconstructed based on evidence and witness testimony. The real motive for this crime will remain a mystery, because neither Raffaele Sollecito nor Amanda Knox have a reason to tell the truth.

The truth would only confirm that they are lying psychopaths who tried to fool the judges, the jury and the public, who didn’t show any respect towards the victim’s family and failed to show any empathy for the victim or the victim’s family over a period of 3 years. They wouldn’t garner sympathy with an admission of guilt at this point, but that’s exactly what they are after.

The same is true for Rudy. Once he is serving his 16-years sentence, he will always remember that it could have been 30. I don’t expect any revelations at this point.

Posted by Nell on 12/14/10 at 07:51 PM | #

Hi James,

Thank you for the update and for your very insightful post regarding Rudy Guede’s last appeal.

Although the Knox and Mellas clans make it sound like Amanda Knox will going home soon, evidently their actions appear to contradict this claim.

Chris Mellas is now living in Italy.

Amanda’s recent girlfriend from university, Madison Paxton, is also now living in Italy.

If according to her family, Amanda will be free in 1-3 months time as they have told the media, then why move to Italy?

Perhaps the real reason for their moving to Italy is that both Mellas and Paxton know full well that Amanda will remain imprisoned in Italy for a very long time!

Posted by True North on 12/14/10 at 08:04 PM | #

James thank you for the post on Guede - he is almost forgotten except for when the whole blame is dumped on him…

Is it true that there will be a decision on Guede tomorrow (starts at 10am and decision will come in the day?) and that he will wait for the decision in prison, and will not be in court?

Also why is his lawyer “confident” that he will be acquitted?

Posted by Giselle on 12/15/10 at 12:02 PM | #

According to his lawyers as quoted in the Italian media today Rudy Guede is to repeat in the procees of this appeal that he was in the house for relations with Meredith at her invitation when the other two flashed in and out.

Disappointing. This was our disgusted comment when he claimed that in his wsecond appeal a year ago.

Posted by Peter Quennell on 12/15/10 at 03:15 PM | #

Good News: Its some comfort to see the verdict on Guede and his sentence have been upheld by the last court of appeal.

They said that the reconstruction of the crime by the prosecution was logical and correct. IMO this should shatter the hopes of Knox and Sollecito too…

Posted by Giselle on 12/16/10 at 03:02 PM | #

News from Seattle:
http://www.komonews.com/news/national/112014169.html

Posted by Hungarian on 12/16/10 at 05:24 PM | #

According to the Attorney General of the Italian Supreme Court, Knox, Sollecito and Guede killed Meredith.

http://www.newnotizie.it/2010/12/16/omicidio-meredith-cassazione-16-anni-a-rudy-guede/

Posted by The Machine on 12/16/10 at 05:38 PM | #


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