2/23/2011: See the current stats on the Appeal Status page
4/17/2010; appeal filed
10/1/2010; start date of appeals trial
Once one or more parties to the trial requests an appeal, within 15 days from the day such Motivation report is communicated, the competent court will then acquire all the documentation regarding the case. The court will then notifies all parties of the beginning of the hearing at least 20 days before the commencement day.
As mentioned above, the appeal process in Italy is a brand new trial where all evidence and testimony is analyzed in the same terms as the first trial. The standards are however higher. The president of the Appeal Court of Assizes is in fact a judge from the Supreme Court of Cassation (the members of the Supreme Court are actually called “Consiglieri”). The requisites for being one of the 6 jurors are also higher. They must be all holding a high school degree (in the first trial the minimum required is only a middle school education).
Prosecutors were disappointed with the court’s reasoning for lesser sentences, including the discount for extenuating circumstances and the fact that the jury questioned the motives for the murder as laid out in their case. However the move is likely more strategic than it is specific, as it opens up a route for prosecutors to remake their case during the appeals trial. Now, both sides will have to present their points at the same time before the appeals court, which is presided over by Judge Emanuele Medoro. Medoro will appoint a lateral judge who will work alongside him on the case, likely to begin after the summer recess.
This snippet of the appeals status from Seattle’s KOMO News:
Knox’s 220-page appeal, filed with the of Court of Appeals in Perugia on Saturday morning, is a total repudiation of all the points of the sentence, said Knox’s lawyer, Luciano Ghirga from Perugia in an interview with the Seattlepi.com.
“It includes the first days of the interrogation, the DNA and the traces detected with luminol. We reiterate the innocence of Amanda and remain convinced there is not proof of her presence at the scene of the crime,” Ghirga said.
The problem is, this last statement is erroneous. Supporters of Knox want to limit “the crime scene” to be just the victim’s bedroom, when in fact the whole apartment was cordoned off as a crime scene. There are over 400 mentions of DNA in the Motivations document written for the conviction of Knox & Sollectio. There were multiple drops of combined Knox DNA & victim’s blood throughout the apartment. One of these instances was in the room where the alleged break-in happened, which is not the bedroom of either Amanda nor the victim. It would be highly unlikely that the victim’s blood would be mixed with Amanda’s DNA in another roommate’s bedroom- and not mixed with the resident of that room. It is evidence like this that supporters of Knox want to downplay.
Knox’s lawyers werent the only ones to file an appeal this week. Prosecutors also filed their own appeals requests seeking to increase the sentences to life in prison as originally requested.
There is also a document that is claimed to be the appeals filing for Amanda (in italian).