Category: Guede appeals

Tuesday, March 23, 2010

Judges Report On Guede Appeal Outcomes Of 22 December Is Released

Posted by Peter Quennell

We have several posts coming up on Rudy Guede. This is the first on a report by the UK Press Association explaining Guede’s appeal outcome of 22 December.

Apology over Meredith won term cut

An appeals court said it shaved 14 years off the sentence of a man involved in the murder of British student Meredith Kercher because he was the only one of the three defendants to apologise to her family.

Rudy Hermann Guede denied killing Ms Kercher, 21, a Leeds University student from Surrey, but said he should have done more to help her as she lay bleeding in her room in a Perugia flat she shared with Amanda Knox, the American student from Seattle who was also convicted of her killing, Italian reports said…

By law, Italian courts must give a written explanation of their rulings within a few months of the end of trial. The ANSA and Apcom news agencies said the appeals court also said that while Guede sexually assaulted the woman, he was not the one who stabbed her….

Guede “was fully involved not only for being the one who carried out the sexual violence, but also for having held firm the left hand of the victim while she was being fatally wounded,” the ruling said, according to ANSA.

He was the only one among the defendants to apologise to the victim’s family, “even if it (the apology) was limited to failure to come to her rescue”. Guede testified during his trial shortly after the killing, saying that he was in the bathroom in the house listening to music when the attack took place.

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.

Thursday, November 19, 2009

Rudy Guede Appeal: Meredith Family’s Lawyer Very Disappointed At “Lost Last Chance”

Posted by Peter Quennell

Mr Maresca sounds intensely frustrated at what might have been. 

Here was a chance to put this whole thing to rest with a single truth and an act of real contrition and compassion to Meredith’s family - and Rudy really blew it.

“He could have saved her. He could have acted to save her, then he wouldn’t be here asking forgiveness….  Requests for pardon are always welcome, however, in a civilised country. I think that a positive reaction would have at least led to an immediate intervention, if what Rudy said was true.”

Not surprisingly, the lawyers for Knox and Sollecito are critical of Rudy Guede for not letting their clients off the hook - though he really no further implicated the defendants than he did back at his own trial.

His recent mysterious and unprovoked beating-up in his prison may have had an influence on his frame of mind in court today. Amazing though, as the defense teams incessantly paint him as the lone wolf perpetrator (a theory Judge Micheli discounted at great length) which we know burns him up.

Our poster Tiziano kindly translated this final report on the day from Il Messagero. The article is an update of an earlier report.

REOPENING OF DEBATE REJECTED.

The Appeal Court of the Assizes of Perugia has rejected the request of Rudy’s defence lawyers for the partial reopening of the debate.

PG: ACCOUNT NOT CREDIBLE.

According to the Prosecutor General, what Rudy said was a “little tale which was not credible”. According to the PG a “progression of lesions” was found on Kercher’s body, and death came in a much longer time than what Guede indicated.

PG: NO GENERAL REMISSIONS.

Guede was condemned to thirty years imprisonment on October 28th, 2008 by Perugia GUP Paoli Micheli. His defence lawyers, Walter Biscotti and Nicodemo Gentile, have appealed against this sentence. In fact the Ivorian has always maintained that he had nothing to do with the murder.

The Prosecutor has not contested the sentencing report, which actually accepted the reconstruction made by the first stage prosecutors PMs Manuela Comodi and Giuliano Mignini.

Today PG Catalani in his summing-up spoke of “full involvement in all the activities to the damage of Meredith Kercher” on Guede’s part.. Moreover, he underlined that the accused should not be conceded general remissions “because he has made no contribution at all in clarifying what happened in the crime house when Meredith was killed”.

KERCHER LAWYER: HE COULD HAVE SAVED HER

“He could have saved her. He could have acted to save her, then he wouldn’t be here asking forgiveness,” replied Francesco Maresca, the lawyer for the civil claim of the family of Meredith Kercher, to Rudy Guede’s words which he asked him to pass on to the relations of the English student killed in Perugia.

“Requests for pardon are always welcome, however, in a civilised country,” he added. “I think that a positive reaction would have at least led to an immediate intervention, if what Rudy says is true,” Maresca added.

However the lawyer talked about a “lost last chance” on the part of the Ivorian to clarify what happened in Via della Pergola. He continued “His words seemed prepared to me.”

And in court, referring to the fact that Guede claimed to have run away in fear, Maresca affirmed,“We ought to think of the fear suffered by Meredith.” As far as the summing up of the PG, the lawyer defined it as “absolutely exact”.

KNOX DEFENCE: GUEDE’S WORDS IRRELEVANT FOR AMANDA

The spontaneous statement made by Guede is “absolutely irrelevant to the position of Amanda Knox.” Luciano Ghirga, one of the defence lawyers for the American said this. “I’m talking with absolute respect about the position of Rudy Guede and his defence - Ghirga underlined - but when he had the opportunity to respond in cross-examination between the parties, in a hearing in front of the world, he refused. I consider his position to be self-serving.”

Then the Lawyer claimed that in the first stage trial of Knox and Raffaele Sollecito “neither the five interrogations of Guede nor his first stage sentencing report are part of the trial, and much less so can his spontaneous statements of today be considered.”

SOLLECITO’S LAWYER: GUEDE HAS LOST A CHANCE

Rudy Guede “has lost the opportunity to tell the truth”, according to lawyer Luca Maori, one of the defence for Raffaele Sollecito, the young man accused of the crime together with his ex-girlfriend Amanda Knox (the summing-up of the PM in the first stage of their trial is on the agenda for Friday) and the same Ivory Coast man.

“Guede continues the old stereotype - Maori said further - according to which he doesn’t know the male person present in the crime house, even though he saw his face. But it is necessary for everyone, and especially for him, to finally tell the truth and to assume his responsibility before the Kercher family.”

 

Mr Maori’s words at bottom above are very curious - perhaps they are quoted out of context. He’s presumably inferring that Guede should have pointed AWAY from Raffaele Sollecito, his client, and instead toward a mysterious missing Person X.

If so, invoking the best interest of Meredith’s family here seems pretty vile - even for a hard-pressed defense lawyer. He should not be denying their true justice. 

Wednesday, November 18, 2009

Rudy Guede Appeal: Court Adjourned - Defense Closing And Court Decision December 21st

Posted by Peter Quennell

[Above: The lawyer for Meredith’s family, Mr Maresca, in the courtroom today]

This late report is by Paolo Santalucia of the Associated Press

Later Wednesday, prosecutor Pietro Catalani asked the court to confirm the sentence of 30 years in jail for Guede.

“He is not credible,” Catalani said, adding that wounds on Kercher’s body suggest it took far longer for her to die than Guede’s testimony indicated.

Proceedings were adjourned to Dec. 21, when Guede’s defense lawyers will argue their case.

The court had rejected the request of the Guede appeal team to reopen several components of the investigation, to bring in new witnesses, and to hear testimony on stress psychology and on the towel found beside Meredith.

This does not bode well for his appeal prospects.

Judge Micheli summarised a lot of evidence proving that Guede was throughout a part of the vicious assault on Meredith. He handed Guede a rape conviction as well as a murder conviction and Guede is serving his 30 years in the sex offenders’ wing of Viterbo Prison north of Rome.

Probably the best Guede could have done would have been to come clean, relate the full story, and claim that he was unaware from the other assailants of where events were headed.

But that Guede did not call an ambulance seems to have sealed Meredith’s fate forever. The prosecutor today said Guede had PLENTY of time to call an ambulance while Meredith would still have been alive.

Instead, Guede abandoned Meredith to die slowly and painfully, he went home to clean up, and he went out to a disco.  Thirty years seems pretty light for doing that.

Rudy Guede Appeal: Nick Pisa Of Sky News Reports DRAFT

Posted by Peter Quennell

[Microsoft’s Internet Explorer Version 8 is having a widely reported problem showing these online Flash videos; other browsers all seem to work fine]

Rudy Guede Appeal: Lawyer For Meredith’s Family Mr Maresca In Court Today DRAFT

Posted by Peter Quennell

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Italian reports are still conflicting and there are none out yet in English.

But it appears that the court has rejected the request of the Guede appeal team to reopen several components of the investigation, to bring in new witnesses, and to hear testimony on stress psychology and on the towel found beside Meredith.

This does not bode well for his appeal prospects.

Judge Micheli summarised a lot of evidence proving that Guede was throughout a part of the vicious assault on Meredith. He handed Guede a rape conviction as well as a murder conviction and Guede is serving his 30 years in the sex offenders’ wing of Viterbo Prison north of Rome..

Probably the best Guede could have done would have been to come clean, relate the full story, and claim that he was unaware from the other assailants of where events were headed.

But that he did not call an ambulance may have sealed Meredith’s fate forever.

Added from Paolo Santalucia of the Associated Press

Later Wednesday, prosecutor Pietro Catalani asked the court to confirm the sentence of 30 years in jail for Guede.

“He is not credible,” Catalani said, adding that wounds on Kercher’s body suggest it took far longer for her to die than Guede’s testimony indicated.

Proceedings were adjourned to Dec. 21, when Guede’s defense lawyers will argue their case.

Rudy Guede Appeal: Yes Guede Testimony Does Sound Far From The Full Truth

Posted by Tiziano

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1) La Stampa runs essentially the same story as Nicki translated and posted jut below, but with this addition.

In court this morning there was also the psychiatrist Alessandro Meluzzi, who together with the criminologist Vincenzo Mastronardi, provided expert testimony for the defence on the behaviour of the accused after the crime.

Guede fled and was arrested in Germany. This was behaviour of “flight and avoidance”, according to Meluzzi, linked to “traumatic stress syndrome” which struck him after the crime.

2) Corriere della Sera also has essentially the same story but with these additions.

The defence of the young man intends to ask for the partial reopening of the trial debate to hear new witnesses and to hear from others already heard by the prosecution, but who - according to the lawyers - could give a different version from the initial one.

The lawyers also are putting their hopes on the possibility of a new expert report on the towels found next to the English student’s lifeless body, which Guede claims to have used in an effort to help Meredith, staunching the wound to her neck.

The aim of the defence is to show that it was not Rudy to kill Meredith that evening, because as the young man has always claimed, he was at the house at Via della Pergola on the night between November 1st and 2nd, 2007, but when the crime happened he was in the bathroom. 

Once he came out, he clashed with Mez’ assassin for a moment.  He tried to help the girl but then, overcome with fear, he took flight. 

To specifically evaluate this thesis, the defence of the Ivorian has had an expert report done by the criminologist Vincenzo Mastronardi and the psychiatrist Alessandro Merluzzi, who were both in court. 

Speaking to journalists before the hearing began, Merluzzi explained how Rudy, after the facts, was overcome by “post traumatic stress syndrome” in which a ” gentle, weak but mild personality like Rudy’s was able to put into action the flight behaviour, which certainly did nothing for his credibility but which we believe is completely understandable and explained from the psychological point of view, clinical psychology and psycho-dynamics.” 

Merluzzi explained, “We believe that our evaluation will give the judges an element of evaluation which is new and different not only in the facts which have emerged from the supporting proceedings, but also on the reasons and motivations which incited Rudy.”

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