Nencini sentencing report

The Nencini sentencing report has been translated into English by a team of independent, unpaid translators from PMF.org. This is an appellate level sentencing report. The Italian Supreme Court annulled the results of the first appellate court and remanded the case back down to the appellate level.

This is how the case has progressed, with links to the judgments:

Massei– First level/Trial Court

Hellmann– Perugia Appellate Court

Court of Cassation– Italian Supreme Court

Nencini– Florence Appellate Court

According to Knox’s own lawyer, Carlo Dalla Vedova, these are not retrials, but a “continuation of the same case on appeal.”

The Disclaimer from the translation of the Nencini sentencing report is after the break:

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“But she lived there!”

This statement, which attempts to justify Knox’s DNA mixed with Meredith’s blood and DNA ignores the circumstances in which the mixed DNA and blood was found:

1. In another roommates PRIVATE bedroom
2. In the room with the supposed “break-in” 
3. In the footprints revealed through the use of the forensic chemical luminol.
4. With evidence that Meredith’s blood was tracked outside of her room (as is patently obvious from the bathroom)
5. In a spot that you would expect to find blood tracked from Meredith’s bedroom to the bathroom.
6. With evidence that both Knox and Meredith were bleeding that evening/the next day (Knox’s blood was on the bathroom tap).

Knox’s supporters want you to believe that finding Knox’s DNA under ALL of the circumstances listed above is somehow not incriminating. The courts ruled otherwise. 

The errors in Ryan Ferguson’s message on the case against Amanda Knox

ferguson headerThe US recently released Ryan Ferguson, who had been in prison for a decade for the murder of Kent Heitholt. Ferguson and his supporters claim he was “wrongfully convicted” (a term that these days seems to only mean “someone who has amassed a vocal following”). Ferguson’s supporters say that he was found innocent, which isn’t quite accurate. Ferguson was released when an appellate panel declared he did not receive a fair trial, and overturned the conviction. The attorney general could have decided to prosecute again, but has not at this time (Huffington Post, Nov 2013).

Ferguson claims to have read Knox’s book while in prison. He recently posted about the case against Knox and Sollecito on a Facebook page for his supporters. Ferguson claims that the media got the case about him wrong and tries to pass along information about the case against Knox and Sollecito. Ferguson, however, pushes information about Knox’s case that has been proven to be misleading or false. Below are quotes from his message and the corrections to Ferguson’s information.

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Frequently asked questions about Amanda Knox’s “retrial”

(Current as of 18 Dec 2013)

Why is Knox being tried again?

Actually, Amanda Knox is not being tried again; the Florence proceedings are re-hearing Knox and Sollecito’s appeal of their original 2009 conviction (CNN, 30 Sep, 2013). This is a ‘continuing case on appeals’,  according to Knox’s Italian lawyer Dalla Vedova (Toronto Sun, Mar 2013).

One NBC-affiliate, King 5 Seattle, has acknowledged they know Knox and Sollecito are appealing their conviction for murder, but decided to call it a retrial anyways.

But wasn’t she acquitted?

The last appeals did result in an acquittal, however that ruling was not a final ruling. The Italian supreme court threw out that acquittal due to “‘deficiencies, contradictions and illogical’ conclusions” and sent the case back to the appellate level to re-hear the appeals (AP/Barry, 17 Dec 2013).

Judgements in Italy are not final until the supreme court affirms a judgement. The acquittal happened at the appellate level and was overturned by the supreme court. Knox’s attorney Ted Simon has admitted the supreme court sent the case back to the appellate level to re-hear the appeals (Shepherd Smith show, 6 Nov 2013).

Isn’t that double jeopardy?

Since the judgements are not final until supreme court approval, Knox and Sollecito are not put in “double jeopardy.”  Even Knox’s own Italian lawyer Dalla Vedova admits its not double jeopardy, as this is a continuation of the same case on appeal (Toronto Sun, Mar 2013).

In the US, they are accustomed to acquittals being a “final” judgement, however that is not true in many parts of the world, including Canada, Mexico, and Turkey. Acquittals can be overturned in those countries; and the US has extradited defendants to each of those countries despite claims of “double jeopardy”.

King 5 Seattle said Italy doesn’t prohibit double jeopardy?

According to one KOMO seattle reporter, Knox PR reps have been pushing the double jeopardy line to reporters.

Italy is a signing party to two international conventions that prohibit double jeopardy from final rulings, the European Convention on Human Rights, and the United Nations convention on human rights. The United States has also signed the UN convention on human rights. The international community recognizes the validity of the Italian processes under those conventions.

Those conventions prohibit double jeopardy in final judgements. As Italy does not recognize the judgement as final until it is affirmed by the supreme court, defendants are not placed in double jeopardy as a result of overturned acquittals.

The ECHR? Isn’t that where Knox appealed her slander charge?

Knox has claimed she has filed a charge in the European Court on Human Rights (ECHR) regarding alleged abuses in her questioning by police. The ECHR clearly states they are not an appeals court; they will not overturn or quash legal rulings in the member states (ECHR Questions and Answers, 2013).

Knox’s alleged charge is under the same ECHR convention banning double jeopardy, so her defense team should be well aware that the convention prohibits double jeopardy.

If the appellate court affirms her conviction, what happens next?

The ruling in the current appeals is expected in January 2014. If there is an affirmation of the conviction, Knox and Sollecito will likely appeal the conviction at the supreme court, thus the case will likely continue to the Italian supreme court.

Will she be extradited?

First, the courts in Italy would have to finally affirm a conviction against Knox and Sollecito, then issue an extradition request to the US.

Extradition is a complex process, and there are two parts in the US to consider: the legal process in the federal courts (judicial), and the international relations aspect in the US state department (executive).

For the federal court process, there have been many past US extradition cases that have had similarities to Knox’s potential extradition. In 1974, defendants tried a double jeopardy defense to avoid extradition to Canada, where their acquittal was overturned (CourtListener). The federal court denied that defense and extradited them to canada. In 1995, a defendant attempted a double jeopardy defense to avoid extradition to Turkey, where they had two prior acquittals overturned. The US federal courts again denied that the US constitutional protections do not apply “extraterritorial” protections to crimes in other countries, and the defendant was extradited (CourtListener).

Any questions about the fairness of the Italian court proceedings against Knox would not be dealt with by the federal courts, but by the US state department. The federal courts have said several times that those questions belong to the executive branch of the US government, which is responsible for the extradition treaty with Italy (US vs. Kin-Hong, 1997).

But there’s no evidence against her?

Despite the PR-influenced media reports in the US, the case obviously includes items that have been entered into evidence. Evidence includes Knox’s DNA mixed with Meredith’s DNA and blood in several rooms in the apartment, Knox and Sollecito’s constantly changing stories, and Knox’s written memoriale stating she “stands by” her previous statement placing her at the crime scene during the murder. For a full description of the evidence, see the summary of evidence against Knox and Sollecito at the Murder of Meredith Kercher wiki.

There’s no evidence of her in the room Meredith died?

Knox has made a similar claim in her recent email to the appellate court in Italy, where she limits the “crime scene” to being only Meredith’s bedroom.

The Italian police and courts recognize the crime scene as the whole apartment; Meredith’s blood and DNA was found in the hallway, Filomena’s bedroom, and the bathroom. Guede’s DNA was found in the other bathroom in the house. Limiting the definition of “crime scene” to be Meredith’s bedroom excludes all of this evidence (including the alleged break-in in Filomena’s bedroom).

In all of those places where Meredith’s DNA and blood was found, Knox’s DNA has also been found. In addition, the use of the forensic chemical luminol at the crime scene revealed the presence of two other individuals. Two sizes of footprints were revealed, neither one of which match Guedes’ foot size.

For more details and additional evidence, see the Murder of Meredith Kercher Wiki page on the evidence against Knox and Sollecito.

Didn’t testing exclude the knife?

The media misreported on the latest test on the knife; the most recent test was ONLY on a single trace of DNA that had not previously been tested. The most recent test found Knox’s DNA (Guardian, 30 Sept 2013; Murder of Meredith Kercher Wiki)

This was the fourth biological trace obtained from the knife. Previous scientific testing on the other traces testing revealed two samples of DNA; one belonging to  Meredith and one belonging to Knox (Massei, 2010). The defense disputed the findings of the trace belonging to Meredith, but that report is still part of the case evidence.

Isn’t Guede the only killer?

The prosecution argued several points that show the presence of more than one person:

1. The type and location of the wounds on Meredith; there were almost no defensive wounds (Massei, 2010).

2. The luminol footprints in the hallway that are of two sizes other than Guede’s foot (Massei, 2010).

3. The bathmat footprint in Meredith’s blood that doesn’t match Guede’s foot size (Massei, 2010).

4. Considerations about who would have reason to move Meredith’s body after the murder and arrange the crime scene to look like a break-in (Massei, 2010).

Where can I find out more information?

The Murder of Meredith Kercher Wiki includes source documents, trial transcripts, and summaries of case evidence.

Where can I get updates?

Andrea Vogt is reporting from Italy at her own web site.

The Murder of Meredith Kercher Wiki provides updates on the Florence appeals for Knox and Sollecito.

CNN reporting on Amanda Knox appeals

CNN reporting on Amanda Knox appeals

Rudy’s diary: proof of a clean-up after murder of Meredith Kercher?

guedediary

Guede’s diary from Germany:
“I am asking myself how is it possible that Amanda could have slept in all that mess, and took a shower with all that blood in the bathroom and corridor?”

Rudy Guede was convicted in 2010 of participating in the 2007 murder of Meredith Kercher. The prosecution claims the two other participants are Amanda Knox and Raffaele Sollecito. Knox and Sollecito are currently appealing their conviction of the same crime. The case against the three of them involves a suspected clean up of the hallway in the apartment after the crime. Meredith’s blood was found in the bathroom, and half a footprint in her blood was found on the bathroom mat. However, there was no visible blood between Meredith’s bedroom and the bathroom. The only visible blood in the hallway were faint partial shoe prints that led directly out the front door of the apartment.

After the murder was discovered, the media reported almost daily on developments in the case. The day of the murder, the press reported on the blood found in the bathroom and the bedroom. But until police used luminol at the apartment on December 18th, the media didn’t report on any significant blood found in the hallway.  Between November 2nd and December 18th, only one person stated that significant amounts of blood had been in the hallway; Rudy Guede. And he wrote about it in his diary between Nov 20th and Dec 6th, after being captured in Germany.

The police arrived at the apartment on November 2nd. According to media reports, the blood they was only in the bathroom and Meredith’s bedroom.  When the scene was later examined after the discovery of the body, police found visible blood patterns on the floor left by Guede’s left shoe as he left the apartment. None of the people who arrived in the apartment on the afternoon of November 2nd reported seeing them; these footprints are not in any of the stories of the events of Nov 2nd told by Amanda Knox nor Raffaele Sollecito. So, while these prints were visible, they were not substantially obvious.

luminol 1

On December 18th 2007 investigators applied Luminol in the hallway and other bedrooms. This forensic chemical is used to detect blood which has been cleaned away. The Luminol revealed several footprints in the hallway between the bedrooms of Knox and Meredith. Some of these footprints were leading towards Meredith’s door. They also discovered prints in Filomena’s room which contained Meredith’s DNA and Amanda Knox’s DNA. They also revealed a footprint in Amanda Knox’s bedroom. (The defense unsuccessfully contested the investigator’s conclusions that these prints were made with blood).

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