Wednesday, January 20, 2010

Perugia Police Requirement To Protect Their Good Name: Another Calunnia Suit Now In The Works

Posted by Peter Quennell

Click above for the Daily Mail report. Good except calunnia (defined at bottom here) and not slander is the charge

Jailed student killer Amanda Knox is to be charged with slander after she claimed she was beaten by police

Today prosecutor Giuliano Mignini, who led the case against her, confirmed that Knox had been formally notified that the slander investigation had ended.

The step is the first procedure under the Italian legal system before being formally charged and gives a defendant time to contact lawyers and work out a defence.

Mr Mignini said: ‘On two occasions during her trial Amanda Knox claimed that she had been beaten during questioning - a claim which was denied by all the officers involved.

‘There was no proof to back up her allegation and to protect the good name of the police department a slander investigation was started and this has now been complete.

‘Knox has been informed of this through her lawyers at the jail where she is being held and a formal charge against her will be made within the next few weeks.’...

Under Italian law slander is punishable with a fine and or a prison sentence of between two and six years….

In November it also emerged that Knox’s divorced parents Curt Knox and Edda Mellas, had been placed under investigation for defaming police by claiming in an interview with a British Sunday newspaper their daughter had been beaten.

Explanation of calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

Thursday, January 14, 2010

With Not Many Prisons And Forecast Overcrowding Italy Decides To Build A Few More

Posted by Peter Quennell

[Above: Viterbo Prison where Guede is in the sex offenders’ wing]


Looks like bad news for the three convicted of murdering Meredith.

Their chances of early release if they fail to win release on appeal may now become much less. First the context, from Commissario Montalbano

Given these facts, coupled with the chronic lack of prison space, it shouldn’t be a surprise that in spite of the Cosa Nostra, the Camorra and N’drangheta (as the mafia is called in the various regions), Italy has maybe the absolute lowest prison population in the world in relationship to the total population.

Italy in fact has 66 inmates for every 100,000 population, a figure matched only by Denmark, a country certainly not famous for their organized crime. By comparison, the US boasts a prison population of more than 750 inmates for every 100,000, over 1 million inhabitants, a figure 12 times the one in Italy.

Now ANSA is reporting a declaration of a state of emergency in the prison system, and the round-the-clock building of new cells to contain about 37,000 new beds.

Alfano announced that first on the agenda was the construction of 47 new jail annexes to boost the system’s capacity by 21,749 units.

The new cell blocks would cost a total 600 million euros and follow the rebuilding strategy implemented in the earthquake-struck city of L’Aquila, with construction crews working in round-the-clock shifts.

“This is the same scheme that has allowed us to put a roof over the head of everyone who lost their home” in the April 2009 quake, Alfano said.

In addition, between 2011 and 2012 the government would launch a second campaign to build brand-new prisons to accommodate a total of 80,000 inmates, almost twice its current capacity.

To depressurize jails in the meantime, the justice minister promised new legislation allowing home detention for inmates with less than one year to serve on their sentence and probation with community service for anyone sentenced to less than three.

Finally, he promised to hire some 2,000 new guards needed to oversee Italy’s swelling prison population, which hit a post-war high last year of over 65,000 detainees.

Italy’s aging jails, most of which built in the 19th century, were designed to accommodate just 43,000 prisoners.

Experts have blamed the overcrowding for a record 71 prison suicides in 2009 and another four in the first week of January.

Below,  Viterbo Prison again. All prisoners in Italy are required to learn a useful trade. No info yet on what the three convicted of Meredith’s murder are learning, though there seems plenty of lead-time.

We presume that sooner or later, for their own protection like Guede already, Sollecito and Knox will end up in sex offenders’ wings.

Thursday, January 07, 2010

The False Accusation By Amanda Knox Against Patrick Lumumba

Posted by The Machine

This incisive video by our main poster ViaDellaPergola explores Amanda Knox’s accusations against Patrick Lumumba - made even though she knew very well he had then been at his bar.

These accusations resulted in Patrick’s arrest and imprisonment on the morning after the night that she first voiced them. Knox first made the claims as a WITNESS and so no lawyer was present, and so the statement was not entered into evidence.

But later on 6 November 2007 when she was in her prison cell as a SUSPECT she wrote her claims all out again. This purely voluntary written statement (alibi version 4)  by definition puts her at the scene of the crime. 

This written statement WAS entered into evidence - and not retracted or modified in any way until all believability had flown, and Patrick was already back home with his family.

In fact, it was not until she was on the stand on June 12 and 13 2009 that Amanda Knox came up with Alibi Version 5. This is the one never supported by Sollecito - where she claimed she was at his place all night.  Amanda Knox STILL has no alibi that stands firm.

Knox is being prosecuted by the Republic of Italy, not by Lumumba, on a calunnia charge. 

Explanation of

calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

Wednesday, January 06, 2010

American Lawyer Ted Simon Appointed To Help Out Italian Team On Appeal

Posted by Peter Quennell

A couple of US media websites and many in Italy are reporting that Theodore Simon is joining the Ghirga-Della Vedova defense team in Italy for Amanda Knox’s appeal.

The Press Association quotes him as follows.

Mr Simon said: “Amanda’s conviction stands as a tragic example of a wrongful conviction which requires meaningful review.  “I look forward to working with Amanda and her family and with her Italian legal team, as we approach an appellate process that is designed, capable and empowered to ‘right this wrong’ which hopefully will result in her deserved release.”

Three points here.

First, Theodore Simon came across well in NBC’s excellent second Dateline report on Meredith’s case last year when he was then more neutral and even a tad pro-prosecution.

Mr Simon then predicted an uphill fight for the defense, and he explained the real danger of a whack-a-mole defense, where all the effort is put into trying to discredit a few straw-men elements when the body of the whole remains unshaken.

Second, the Ghirga-Della Vedova team never seem to have shown any appreciation for the “help” offered from the US which has seemingly turned many Italians off and possibly made their own task harder.

And third, Theodore Simon himself now seems to have moved sharply into his own whack-a-mole mode. When another prominent US defense lawyer attempted an intervention, we pointed out the real strength of the entire body of evidence.

John Q Kelly has been invisible on the case ever since.

Tuesday, January 05, 2010

The Vicious Destruction of Curt Knox, The Father

Posted by Danusunt

Picture Amanda Knox’s father, Curt Knox, as he nervously adjusted his posture when a cameraman snapped, “Sit up straight,” before Curt’s first appearance on global television.

He may have been in a corporate video or two in the past, perhaps some family videos. But this was big time. People behind and around the cameras weren’t smiling. The feeling of all business must have felt less than sympathetic.

Imagine how someone from make-up yanked hairs out of Curt’s nose, and how a snotty producer cut Curt off mid sentence to bark, “Try not to say, ‘Ummm’ so much.” In the background imagine someone saying, “Curt, that LA lawyer lady is on the phone again.”

Thrust into the spotlight, things escalate from embarrassing to overwhelming to Gloria Allred pretty quickly. But the image of Curt Knox squirming under the lights and in front of the cameras cannot be so nightmarish as what happened to Curt Knox next. Curt Knox, the father.

His reflex would come as it would to most fathers, to protect his little girl’s reputation; and, himself being a VP at Macy’s, perhaps a little bit of his own. As it would play out, by throwing himself into the fray, he was putting himself in the witness stand, and would either be deemed a reliable, or an unbelievable witness.

From the beginning, Curt Knox appeared a little disheveled as he laid out the boilerplate. ‘She just couldn’t do this. She doesn’t have it in her,’ he’d say.

He and his ex wife, a math teacher from West Seattle Vanity Fair writer Judy Bachrach found ‘perpetually baffled,’ would drone on and on about how perfect and innocent Amanda is. Then relatives, then friends, then friends of friends, and ultimately people pulled off Seattle streets, waxed poetically about the outgoing little girl who’s favorite piece of clothing was a slightly rusted My Little Pony chastity belt.

But imagine Curt’s face as he listened to someone tell him, “Amanda boned seven dudes, one of them at least on a train, and another, that Raffaele guy, a couple hours after she met him. And it’s gone public. It’s everywhere.”

Jesus. To hear that about his own daughter after sticking his neck out proclaiming she is as pure as snow that’s yet to hit the ground. How awful to learn you’ve been made a liar by your own flesh and blood, and that daddy’s little girl has been whoring around.

And with not even the chance to recover, there on video for the world to see was his little darling, fingering lacy panties in a trendy store, as that Raffaele guy told her, loud enough for others to hear, that the sex that night was sure to be pretty good. Some may recognize that as a common West Seattle girl’s need after a roommate’s murder. But most wont, least of whom, the Italians.

Curt was a VP at Macy’s, and held a position whereby honesty and integrity were key. Of course this didn’t look good for his daughter. But what about Curt? Curt the man? Curt the father? Curt the VP? Curt the guy who makes his living with a perceptive awareness of everything around him. What kind of impact did this have on his standing as a reliable character witness? How does a guy make eye contact after something like that?

I imagine Curt walking the halls of his office, wanting to yell at his fellow muckity mucks, “Your daughters are boning just like mine. Don’t kid yourself goddammit!”

But he stayed the course, again and again selling his daughter’s innocence into the camera, playing up her honesty, and perhaps playing the smart card in sticking to his own story. VPs don’t blink. Part of me admired him for that. But the majority recognized the great mistake he was making.

Now imagine Curt’s face as he listened to someone tell him, “Your daughter keeps telling different stories of where she was. She was at that Raffaele’s house smoking drugs. Or, no, she was at home, smoking drugs. She slept in late, no, she was at the store first thing buying cleaning supplies. No, she listened as a black man raped and murdered that girl, and fingered her boss as the guy. They arrested him . . . oh, they let him go. He’s going to sue for defamation. Now she says she was so high she can’t remember anything.”

To make matters worse, the nighttime tabloid shows found the story juicy enough to pour their hearts and wallets into, and it was everywhere in HD, starring the crazy lying tramp American girl with multiple stories and a myriad of personalities. And emerging as the man who knew her least was Curt Knox the father, who by now was clearly an unreliable witness.

The harder Curt Knox worked to proclaim his daughter’s innocence, the harder she worked to refute it. Curt and his ex wife said she got along great with her roommates. Truth was the roommates found her annoying, and dirty. Curt claimed she was loved by all, but many in Perugia called her troia, or bitch. The more they painted their daughter a victim, the more came out that they didn’t know their daughter at all - the exceptional Ugly American.

It bordered on perjury.

Curt and his ex wife claimed there was anti-American sentiment. And if there wasn’t, they were working hard to get it. Or somebody was. And they had lots if help, mostly from knee-jerk dirt hustlers at small Seattle stations, to the larger-than-lifes at the mega corps. That kind of help turned Amanda Knox the poor little confused victim, into Amanda Knox, the big screw you from all of here at USA dot com.

It didn’t take long for the wolf effect to happen. The louder they cried their faith in their daughter, the louder was Amanda’s response with shame, the louder and clearer appeared her guilt in an Italian court. It got to the point that if Curt Knox and his ex wife said one thing, the immediate opposite was looked forward to with great anticipation. And of course, Amanda delivered.

I imagine Curt Knox roaming the halls wanting to scream, “What are you looking at! You know what your daughters are doing at their dorms, don’t you! You know what your daughters are doing in their sororities! They’re drinking! They’re smoking! They’re FUCKING!” And I can’t blame him. I imagine him kicking and punching and throwing things through doorways and out windows. I imagine his rage to be unfathomable, the pain so far out of reach. And I for one would hold his hand through the worst of it, Amanda’s guilt and all.

It wasn’t surprising when Americans started whining about the state of Italian CSI. Specialists started cashing checks as on-camera experts on criminal investigations. They went so far as to point at grainy video and cry foul at how things were handled. Americans have grown so fond of the sexy edgy forensic crime dramas that these people had no problem feeding hysteria to the bloodthirsty masses that wanted lasers and massive glistening breasts and bulging slacks covering the scene as only Americans can do. No Horatio, no deal.

But Italians don’t see things the same way. I suspect the Italian prosecutors viewed the defense’s cry about DNA evidence as a stroke of good luck, and knew they’d won the case when America at large started chanting it. The louder the cry, the greater the insult to the Italian process. In reality Amanda had already hung herself with her mouth, but American pride continued to spit blood and snot into the face of Italian common sense. All of this was just gravy.

Maybe even Gloria Allred saw that and said, “Shit. She’s toast.” Maybe Curt should have taken her call.

At some point, someone somewhere made a different call, and suddenly the American media that had immediately smelled a shit-stinking rat in Amanda Knox, was now smelling and selling sweeter and more patriotic, if not nationalistic bunny farts. On every channel were gossip-level shows pandering to the American idiot that the Euro wolves had captured their purest stray lamb, and a team of the brave should go get her.

I kept waiting for Curt Knox to at least go silent on the advice of a qualified PR agent. Silent like the murder victim’s family. Silent like that Raffaele’s father, a prominent Italian doctor who for sure could have raised quite the stink in his own country if he felt there were foul play. But you’ll notice that Raffaele’s father, Curt Knox’s counterpart, was nowhere to be found in the American media.

But Curt and his ex wife kept whoopin’ it up like Slim Pickins at a chili cook-off that had run out of spoons. Many called it a coordinated media campaign, which included an impotent Larry King handing over the national stage to Curt and his ex wife to increase focus on that which, in the end, was doing more harm than good. Great for the ratings, bad for their daughter. It was as if some Hollywood screw was walking the two of them over every possible mine in the field just for giggles and grins.

CNN reported that Della Vedova, a member of Team Knox, reminded the jury of its obligation to church law, and to be “morally certain of their decision.” Again, probably another mistake, being that the majority of Amanda Knox’s transgressions had been of the moral nature. She had proven herself a liar, had bared false witness, and had clearly established herself a Jezebel. By continuously singing Amanda’s praises, Americans more so crucified her as they did come to her rescue.

There would be better judges to evoke than they of the Church. Perhaps Horatio Caine. But anyway, that’ll be 486,987 Hail Marys and 25 years in what is a pretty nice prison by any standards.

I imagine Curt Knox now, a burned-out tree trunk of a man sitting alone in his car in his VP parking spot. The wipers have stopped in the middle of the windshield and he stares at them with squinted eyes. He’s had the screaming matches with his ex wife over what she must have done to fuck up his daughter. He’s had the fights with the lawyers who couldn’t put a stop to it. He’s had the hugs and sobs with the foreign diplomats who really aren’t going to go to bat on this one. But deep inside, his anger rests on something he just can’t lash out at.

Amanda Knox had left home on Daddy’s dime no doubt, with a farewell to be remembered - “peace out suckers, loves Amanda.”

How does Curt Knox recover from something like that? Curt Knox the man. Curt Knox the father. Curt Knox, the sucker.

Thursday, December 31, 2009

The Driving Psychology In The Perugia Case: Could Those Just Convicted Be “Charming Psychopaths”?

Posted by Miss Represented

A Newish Psychological Concept

Those not yet familiar with the “charming psychopath” concept may be in for a surprise when they google the term.

It has been quite thoroughly explored in the past decade, in part with the hope of preventing future crimes.

Many thousands of relatives and friends of both victims and perpetrators have had their lives upended when one or other charming psychopath - probably part of a large pool - sheds any constraints, and a cool callous murder results. 

The “charming” component leads easily to denial. There is quite a history of campaigns that set out to deny that any particular such murderer could actually have done it.

They simply seemed far too nice. 

A widely read article by Robert D Hare on charming psychopaths in Psychology Today presented a precise description of the symptoms that should hint to the perceptive eye that something might be seriously wrong.

These are two highly-rated book-length treatments of the charming psychopath concept which have recently been selling well

• Without Conscience: The Disturbing World of the Psychopaths Among Us by Robert D Hare


• Snakes in Suits: When Psychopaths Go to Work by Paul Babiak and Robert D Hare

Psychologists well qualified in this field have now begun to float articles on the concept as it may apply to Raffaelle Sollecito and/or Amanda Knox, and some books will presumably follow.

Here is an article “Signs that suggest Amanda Knox is a psychopath” by an experienced American psychotherapist, Dr Coline Covington, who now practices in England.

She was the former Editor of the Journal of Analytical Psychology as well as the former Chair of the British Psychoanalytic Council, and she has also worked for the London police.  In the article she describes Amanda’s behaviour in court:

Knox’s narcissistic pleasure at catching the eye of the media and her apparent nonchalant attitude during most of the proceedings show the signs of a psychopathic personality. Her behaviour is hauntingly reminiscent of Eichmann’s arrogance during his trial for war crimes in Jerusalem in 1961, and most recently of Karadzic’s preening before the International Criminal Court at the Hague.

The psychopath is someone who has no concern or empathy for others, no awareness of right and wrong, and who takes extreme pleasure in having power over others. The psychopath has no moral conscience and therefore does not experience guilt or remorse.

Most psychopaths are highly skilled at fooling those around them that they are normal by imitating the emotions that are expected of them in different circumstances. They are consummate at charming people and convincing them they are in the right. It is only when they reveal a discrepancy in their emotional response that they let slip that something may be wrong with them.

The psychopath is the conman, or in the case of Amanda Knox, the con-woman par excellence. Her nickname “Foxy Knoxy”, given to her as a young girl for her skills at football, takes on a new meaning.

Whether or not Knox, who is appealing her verdict, is ultimately found guilty, her chilling performance remains an indictment against her. Her family’s disbelief in the outcome of the trial can only be double-edged.

This is not the only time a suggestion has been made that Amanda has displayed behaviour which is often associated with psychopathy. It is a view that I myself have supported in the past.

And similar arguments have just been made by Professor David Wilson and Professor David Canter.  Rather lurid headlines, but their science is sound.

On my companion website to TJMK on the psychological dimensions of the case, Miss Represented, there is some interesting discussion in the Comments on the arguments for charming psychopathia now being presented.

These articles are probably only the tip of the iceberg as more psychoanalysts get drawn to this case.

Wednesday, December 23, 2009

Rudy Guede Appeal: The Published Judgement Of The Court Of Appeal

Posted by Peter Quennell

The AGI News Service carried the full wording of the judgment which was published after the court session concluded.

Judges Giovanni Borsini (above) and Maria Rita Belardi presided over the appeal. There were no lay judges. The translation of the judgment below was kindly provided by our poster Tiziano.

The Court of the Assizes of Perugia at a hearing in chambers has published through a reading of the purview of the sentence the following judgement with reference to Articles 443, 605, 599 of the Code of Penal Procedure,

In partial emendation of the judgement handed down on October 28th, 2008, by the GUP of the Law Court of Perugia, in the matter of Rudy Hermann Guede, appealed against by the former, previously allowed the reduction of general mitigating circumstances, equivalent to the contested aggravating circumstances, reduces the sentence of the appellant to 16 years incarceration.

It confirms the remainder of the contested sentence. 

It condemns the appellant to payment of the expenses of the defence of the civil complainant Aldalia Tattanelli , which it liquidates in total as 1,500 euros.

Of those [legal costs] of the civil complainants John Leslie Kercher, Arline Carol Kercher, John Ashley Kercher, Lyle Kercher, it liquidates in total as 8,000 euros each, as well as that of the defence of Stephanie Arline Kercher, which it liquidates in total as 5000 euros.

It assigns the period of 90 days as the limit for the lodging of questions for the motivations for this judgement.

                                                         

Added: The post has been corrected and the translation above clarified in light of poster Nicki’s comment below - several of us took it to mean that the main award to Meredith’s family that had been reduced.

For the record, the financial awards that Judge Micheli handed down at the end of October 2008 against Rudy Guede were 2 million Euros each to Meredith’s parents John and Arline, and 1.5 million Euros each to Lyle, John junior, and Stephanie.

That is about US $12.1 million at today’s exchange rate.

Tuesday, December 22, 2009

Rudy Guede Appeal: And The Outcome Is A Reduction Of His Sentence From 30 To 16 Years

Posted by Peter Quennell

The decision is not yet announced. But it should be decided within two or three hours. The court is now in closed session.

Yesterday Guede’s two lawyers, court-appointed Walter Biscotti and Nicodemo Gentile, asked at the outset for his acquittal for their client.

Seemingly contradictorily to us, they also asked for the granting of the extenuating circumstances already granted to Amanda Knox and Raffaele Sollecito.

They said their client is frank, young, not a liar, has not slandered anyone, and is the only one that has always told the same version of events.

As our posts below explain, this is not strictly correct. Guede in fact subtly backed off his claims of intimate relations with Meredith and of clearly having seen Sollecito.

The prosecution repeated their demand that Guede have his full term in prison affirmed, and the lawyer for Meredith’s family did likewise.

By the way, some of our emails, several quite passionately, argue for the innocence, partial or total, of Rudy Guede. There is a feeling that he was either set up or fully framed for the crime.

Though even he admits that he left Meredith to die, and that he never called an ambulance that might have saved her.

Update: As TJMK poster Commisario Montalbano had warned in his posts and comments below Rudy Guede stood to get his sentence reduced to about this amount. 

The extenuating circumstances extended to Knox and Sollecito are now taken into account. Also because Guede had selected a short-form trial he was eligible anyway for a sentence 1/3 less than that of Sollecito and Knox.

Fairly automatic in fact. We see nothing in this that should provide any comfort to Knox and Sollecito that their own verdicts will be overturned. 

Emailed for inclusion here by Commisario Montalbano.

The two appeals are totally independent. The judges are different too. The process for an appeal of an abbreviated trial are subject to the procedures of Art. 599 of the CPP, which are different from the full appeal of an appellate Court of Assizes, the tougher process that Knox and Sollecito must contend with.

This judge simply expected that Amanda and Raffaele will get their sentence confirmed in appeal, and he then acted accordingly. Basically he granted to Guede the same ‘attenuanti generiche’ applied to the two of them.

And then with the 1/3 auto-reduction for his short-form trial Guede got his sentence reduced to 16 years.

On the appeal of AK and RS anything can happen, but the most likely scenario is a confirmation of the sentence. The only way they’ll get out of it is if a majority of jurors see grounds for reasonable doubt based on ‘insufficient evidence’.

That’s not too likely, but possible.

The 16 years is arrived at because Knox and Sollecito each received 24 years for Meredith’s murder. Sollecito received an extra year, and Knox an extra two years, for the other crimes for which they were found guilty. 

Our legal advisers tell us that all three sentences seem to be light by American standards.

Monday, December 21, 2009

Rudy Guede Appeal: Not Yet The Hoped-For Last-Minute Story Change

Posted by Tiziano

As my fellow poster Commisario Montalbano explains under the post directly below, Rudy Guede might get several years off, for some equity relative to the Knox-Sollecito sentences.

But other than that, his appeal grounds still don’t consist of coming clean and giving us all, Meredith’s family and friends especially, the full story of why and how things happened as they did which might make a SERIOUS difference.

This is a translated summary of the report in advance of today’s hearings from the news agency Adnkronos

Rudy Guede has 2 days to risk all for his future, 48 hours to dismantle the “concrete castle” of reasons for his guilty verdict and 30 years in gaol

Now serving his term in prison in Viterbo, Guede, 23, a former basketball player plays his last cards Monday & Tuesday in Appeal Court; the appeals court has already refused to reopen his case and requests for more expert reports made by Gentile & Biscotto, his lawyers

The riskiest card to play? That of sexual violence. Guede says he was in the bathroom when two assassins entered, one of whom was Amanda Knox; his only guilt was in not helping Meredith; He says he was in intimate contact with Meredith, but not against her will

Meredith’s body was found half-clothed although she did not have major bruising. Guede claims Meredith was dying but fully clothed when he ran away; he asks why he would have simulated violence; that would have directed blame against him as he had had contact with her. Thus someone else turned the house over and undressed Meredith according to Guede; proving this, her legs were not blood-stained, so she was wearing jeans when killed

There is a hard battle ahead [in these two days]: the reasons for the 1st stage trial verdict [Judge Micheli’s] were not in doubt according [Judge Micheli], and the prosecutor has asked already for confirmation. But in the meantime [the past one year] other things have transpired

Guede chose his fast-track trial in hope of a discounted sentence, but in fact received the heaviest of the sentences: Knox & Sollecito were granted some relief on their penalties as they were recognized as deserving general mitigating circumstances, resulting in their sentences of 26 & 25 years respectively

Although his case is independent of AK/RS trial, he continues to say:“Now there is confirmation that my verdict was unjust”  Guede’s lawyers will ask for his full acquittal, but he would get just below 20 years even if he were only granted mitigating circumstances

On Monday the civil complainants will appear; and Maresca & Perna (for the Kercher family) will come first at the hearing; then it will be the turn of Guede’s defenders

And this is translated from this morning’s El Messagero

Guede has claimed in a statement that he was only guilty of failure to help Meredith: He did not kill her, neither did he violate her. He claims there was a difference of opinion between AK & MK over money.

He turned to Kercher lawyers & stated that he wished Meredith’s parents to know his only fault was in his failure to assist their daughter as she lay dying

Added: The AGI news service is reporting from the hearings Guede’s lawyers are bitterly attacking the media and especially Knox’s and Sollecito’s lawyers for trying to pin all the blame onto him.

Sunday, December 20, 2009

Guede Appeal Outcome Mon-Tues Could be An Indicator To Knox-Sollecito Appeal Outcome

Posted by Peter Quennell

The first eight posts at the bottom here represent our previous reporting on Rudy Guede’s appeal.

Commissario Montalbano’s recent post on the Italian appeals process is also vital reading here.

The appeals grounds seemed thin, and the appeals judge will be very thoroughly acquainted with the report of the judge who first sentenced him, Judge Micheli.

There were only two variations to his original story in the appeal hearings: that he had not had intimate relations with Meredith, and that he had seen and identified Knox but not Sollecito. In his trial, his story was that he had identified Sollecito by appearance if not by name, and that he might have heard Knox nearby.

He emphasized that he briefly tried to save Meredith. But of course he fled without ever calling an ambulance, even anonymously, and Meredith was left clutching her wounded neck, with her door locked and her mobile phones removed. Guede then went out to a disco before taking to his heels to Milan and then Germany.

Recently Guede was mysteriously attacked in prison. Connected or not? Who knows? But Rudy might be thinking that 30 years in prison with time off for behavior is a better bet than another possible attack that ends worse.

The pro-Knox and Sollecito factions seem to be banking on their appeals late 2010 being a whole new trial. Guede’s appeals judge simply refused to reopen the whole case with new witnesses, and the November hearings were over very quickly.

Our Italian experts tell us that if Guede gets freedom, then Knox and Sollecito may expect to see freedom too. And if Guede gets his sentence reduced or confirmed, then that is very likely to be their fate too.

For why they all seem to be so joined at the hip read here and here. The Guede-as-lone-wolf theory never even got to first base.