Tuesday, June 09, 2009
Newsweek On What Knox Will Face On The Stand This Friday And Saturday
Posted by Peter Quennell
Click above for the report from Newsweek’s Barbie Nadeau.
On Friday, Knox will finally get her day in court, taking the stand as a “communal” witness for the prosecution, civil plaintiffs and her own defense. Her testimony is expected to last at least one day….
Witness-jury interaction is one of the most critical aspects of a criminal trial, especially for the prime suspects. Not talking often implies the suspect has something to hide. But taking the stand can be far riskier.
“The biggest risk is that she doesn’t follow the advice of her lawyers,” says Alessandra Batassa, a criminal-defense lawyer in Rome who has served on defense teams in similar crimes. “The court will be absolutely influenced by nonjudicial factors like her demeanor. Her image has been painted in a very bad light in the trial so far, so she has to portray that she has normal sexual relationships and that she is just a normal girl. She has to be very convincing.”
In the past, Knox has not always proved herself a competent speaker””especially under pressure. As heard in audiotapes obtained by NEWSWEEK from a January 2008 prosecutorial interrogation, she speaks in a steady, low voice that is calm and confident, but she makes basic mistakes. When asked about specifics of the morning after the murder, she clearly stammers and stutters, undoubtedly damaging her case in the eyes of the prosecutor. At times she is indignant, answering questions with her own questions.
On the tape she is either serious or arrogant, even laughing at the prosecutor’s line of questioning. When she has addressed the court in spontaneous declarations, she has waffled between confidence and calamity. She has spoken about her vibrator and about being interrogated by police and about being disappointed by what Kercher’s friends have said about her. She will almost surely be less cavalier this time, as her lawyers prepare her for what will be a grueling day. The jury will be listening attentively, but more important, they will be watching her every move.
She will be questioned by the prosecutor about specific elements of the case, including why her DNA and Kercher’s blood were found around the house, especially in a back bedroom where police believe she and Sollecito staged a break-in. Other questions will include why her DNA was discovered on the handle of a knife that had Kercher’s DNA on the blade.
She will likely have to provide a believable alibi for the night of the murder, something that she and Sollecito have yet to do. And she has to be careful not to accidentally blame Sollecito, who is waiving his right to testify. “The biggest mistake she can make is to accuse or unload the responsibility on the other suspect,” says Batassa. “And she should not accuse or blame the court or those deciding this case.”...
How Knox physically interacts with the jury could play an even bigger role in how they perceive her. Body-language experts agree that nonverbal communication affects a listener even more than words. Very erect and even stiff posture or the sudden crossing of the arms or legs often indicates that a person is uncomfortable with what he is saying.
When people lie, gesticulation will also slow down””those covering something up tend to overcompensate by trying not to draw attention to themselves. Some go to the extreme, even putting their hands in their pockets, sitting on them or trying to keep them from moving. Experts agree that touching the mouth or face””especially scratching the nose, touching the ear or the chin””is the most obvious body-language lie detector.
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