Appeal status

Current status: 11/6/2013

The Florence court had the next hearing in Amanda Knox and Raffaele Sollecito’s appeal of their original conviction. See the factsheet on the appeal at the  Murder of Meredith Kercher Wiki.

 

Past status: March 2013

The entire first appeal has been invalidated by the highest court in italy. Its as if it never happened, which means that aquittal has been invalidated. The appeal will be heard by a new court in florence (fierenze). The results of that can again be appealed by either side to the highest court in italy.
Unlike the appeals court in america which reviews the
technical and procedural aspects of the trial, the first appeals court can review all of the evidence in the case. The appeals court has all of the documents and information that was presented at the first trial. The prosecution can also file an appeal, and has in this case, arguing against the
first court’s reduced sentence (from a full sentence of 30 years); the reduced sentence was based on mitigating factors including their age.

After this appeal would be an appeal to the highest court,  the Supreme Court of Cassation. “Like other supreme courts around the world, such court does not re-examine the entire body of evidence, but only ‘errores in iudicando’ and ‘errores in procedendo’ (errors in procedure or application of the law).” (Via True Justice)

Knox & Sollecito’s defense have contested almost all of the evidence in the trial. However, the first appeal court only approved a limited number of actions- independent review of the DNA evidence from the knife and the bra strap, and a counter-witness and re-questioning of Curatolo and his testimony (specifically that he saw the club busses in the square that night; the counter witness is anticipated to testify that the club busses weren’t running.)

Independent investigators reviewed DNA evidence and findings from knife and bra clasp. The knife and the bra strap are the strongest forensic indicators of the involvement of Knox & Sollectio; however there are significant additional forensics of their involvement that weren’t reviewed.

Original Invalidated appeal court dates

  • 12 March 2011
  • 26 March 2011
  • 16 April 2011
  • 21 May 2011

22 January:

  • two DNA experts from Sapienza University have been given 90 days to do their review. They will begin their review on Feb. 9, conclude by May 9 and report their findings to the court on May 21.
  • The witness in the square on the night who said he saw Sollecito and Knox, Antonio Curatolo, will be re-examined. This is at the prosecution’s request, not at the defenses’.
  • Put on hold: Prosecution’s request for Guede as a witness, scientists’ request to open the knife handle.
  • Not yet scheduled: further examination of witness Curatolo

18 Dec 2010:

  • Approved defense request for examination of knife & bra DNA evidence and prior findings
  • Approved recalling witness Curatolo
  • Approved introduction of all files from Rudy Guede’s conviction (Guardian)

24 Nov 2010:

  • Technical hearing, scheduling court dates

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