Tuesday, February 14, 2012

Typical Of Dozens Of Cool Italian Reports On Mr Galati’s Appeal - This One By Cronaca

Posted by ziaK

My translation. Please click above for the original.

Meredith: the appeal in Cassation Court has been lodged against the acquittal of Amanda and Raffaele

The appeal agains the acquittal of Raffaele Sollecito and Amanda Knox for the murder of Meredith Kercher was lodged this morning by the Prosecutor General. The appeal is contained in 111 pages, signed by the Prosecutor General Giovanni Galati and by the deputy [prosecutor], Giancarlo Costagliola.

In a meeting with journalists, Mr Galati and Mr Costagliola themselves explained that the appeal originates from their firm conviction that Sollecito and Knox are “co-perpetrators” in the murder of Meredith Kercher. Referring to the appeal verdict, Galati and Costagliola spoke of a verdict “needing to be revoked” which has “omissions and a great many errors”.

In their appeal the magistrates therefore call for the reversal of the second-level (Hellman) verdict and thus for a new appeal trial for the two young folk.

Inconsistency of the Reasoning Report  Mr Galati described as “unfortunate” the opening words of the associate judge, Massimo Zanetti, who began the introduction of the report with the claim that “the only certainty” was the death of Meredith Kercher.

“A resounding forecast of the judgement”, the chief prosecutor claimed, “before even having heard the accounts of the prosecution and of the defence”. For Mr Galati, the appeal verdict “seems to be a second first-instance verdict, but in which the judges read the arguments of the defence beforehand [i.e. before hearing the prosecution’s case]”.

He then spoke of “inconsistency” in the reasoning report, of a “useless reasoning which achieves nothing”. In contrast, the Reasoning Report of the first-instance [Massei] trial was, to his mind, “complete and thorough, based on [elements of] evidence that were compatible with each other”.

Levelling to the defences’ stance “I immediately had the feeling that the appeal verdict was profoundly unjust” Costagliola then added, “and I am now convinced that it should be revoked. It is as if the judges had made an ex novo decision - tilting everything to the direction of the defence.”

Rudy Guede [who was definitively sentenced to 16 years through the fast-track trial system - editor’s note] was [in effect] put on trial again, even though he was not a defendant in these proceedings.

It leads one to think that, because the Court held that Guede was guilty of the break-in [of the window of the room belonging to one of the flatmates in via della Pergola - editor’s note], Sollecito and Knox should [therefore] be acquitted of the charge of executing a crime.”

Sollecito: “A 4-year Calvary” In the meantime, Raffaele Sollecito also remarked on the news, and spoke of “hounding against him”. “It is a never-ending story. For me, it is a real Calvary [nightmare] which has lasted 4 years”, he said, after having learned of the appeal lodged against his acquittal and that of Amanda Knox.

He was told the news by one of his defence attorneys, the lawyer Luca Maori. “I agree with him”, the lawyer said, “and to me it seems almost that the prosecutors are hounding him.”


Thanks for keeping us up to date on this complex criminal trial - it will be interesting to see what transpires from this point. May Meredith Kercher’s family get justice and be able to move on with their grieving and some semblance of closure.

Posted by giustizia on 02/14/12 at 07:37 PM | #

If I understand correctly, the lawyer for Meredith, Maresca, is also going to submit his appeal, independently, right? I think his appeal will be more emotional.

Thanks ziaK for the succinct summary!

With listening comes wisdom, with speaking repentance.

Posted by chami on 02/14/12 at 08:20 PM | #

Mr Galati coming to the case from the Supreme Court is a really big deal in a way we havent really explained.

Supreme Court work in Italy (as here) is very specialised and some lawyers do nothing else. Mr Galati is on that wavelength.

Are Ghirga and Della Vedova and Bongiorno and Maori on that wavelength? As far as we know none of them are. Mr Maori seems to be signalling this.

If the Knoxes and Mellases hope to come out ahead they might be best served by starting with fresh teams who know the ropes at Cassation level.

Chami, there is just the one combo appeal as Andrea Vogt explains. The family is a part of this.

Posted by Peter Quennell on 02/14/12 at 08:49 PM | #

All comments about the case on The Independent website have been removed and you can no longer leave any comments on the two articles that were published today. It seems someone is exerting pressure on the moderators. It wouldn’t surprise me if it was PR creep David Marriott. Please take a few moments to contact The Independent and ask why all comments have been removed and why its readers are not allowed to discuss the case.


Posted by The Machine on 02/14/12 at 09:23 PM | #


Posted by Miriam on 02/14/12 at 10:13 PM | #

Hi Miriam. Nikki Batiste is the families’ and FOAs favorite reporter. That is a misleading piece. It reads like a PR handout. She could have included what is at top here but didnt.  ABC Italy reporter Ann Wise does way better.

Having said that… the Knox family and PR operation are acting dumb as a rock to malign THIS prosecutor who is extremely well known in the Supreme Court and much respected.

If they feel they have to blame someone other than themselves (and when dont they?) let them blame Judge Hellman, who wrote such an amateur and emotionally adolescent report. He wasn’t required to retry Guede. The Supreme Court already tied the ribbon on that.

Posted by Peter Quennell on 02/14/12 at 11:11 PM | #

We’ve checked out most of the Italian reports and there is maybe one more translation coming (tomorrow as the translator is in Europe).

Not one takes issue with the appeal or considers this to be anything but normal.

A few have included in their reports that Amanda Knox is trying to become a millionaire from the point of view that she is guilty and this is a despicable move.

Maybe the American Ambassador in Rome (an Obama appointee and not a career diplomat) will furtively step in as we are told he did before but I think the risk for him is too great. Senator Cantwell is hopefully on ice.

Posted by Peter Quennell on 02/15/12 at 01:03 AM | #

Brief comment on Sollecito’s piteous words:
“For me, it is a real Calvary which has lasted 4 years.”

ziaK offers “nightmare” to interpret Calvary & Google Translate gives “ordeal.” Very good & yet a religious dimension is echoed in the very name.

In the King James translation (1611) we read:
“And when they were come to the place which is called Calvary, there they crucified him…” Luke 23,33.

RSV translation (1946): “When they came to the place which is called The Skull, there they crucified him…”

Elsewhere (as Gospel of Mark) “They brought him to the place called Golgotha (which means the place of a skull)...”

So Calvary means Golgotha means The Skull, Calvary being derived from the Latin version of the Gospels.
Sollecito asks for our pity when he compares himself to The Crucified.
And I note again in re-posted pictures the whipped expression on Amanda’s face so soon after the crime.

Posted by Ernest Werner on 02/15/12 at 01:50 AM | #

Hi Ernest - Sollectito has the ‘God’ complex, typical of the narcessistic behaviour we have come to expect of them..


Posted by Melanie on 02/15/12 at 10:39 AM | #
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