The Trial of Amanda Knox

[gabriel]

www.telegraph.co.uk/news/worldnews/europe/italy/7601679/Amanda-Knoxs-lawyers-file-appeal-in-Perugia.html

Amanda Knox's lawyers file appeal in Perugia
Lawyers for Amanda Knox filed an appeal on Saturday against her conviction and 26 year jail sentence for killing British student Meredith Kercher.

By Bob Graham
Published: 6:43PM BST 17 Apr 2010


Amanda Knox's lawyers have filed an appeal against her conviction for murder. Photo: GETTY The document, which ran to more than 300 pages, was lodged by one of her legal team at the court in Perugia, Italy, where she was convicted of the murder four months ago along with her ex-lover, 25-year old Italian student Raffaele Sollecito.

The appeal concentrated on three main areas: the forensic and DNA evidence; the four days of police questioning when Knox produced a 'confession'; and what is described as "contradictory" evidence that was presented by the prosecution throughout the year-long trial that ended in December.


Meredith Kercher's family 'satisfied' after drifter Rudy Guede is jailed for 30 years. Knox's appeal was lodged two days after the Italian prosecutors themselves appealed to the court to increase her 26-year prison sentence and the 25 years to a life term Sollecito was sentenced to. His lawyers also filed a separate 272-page appeal on Thursday.

Miss Kercher, 21, from Coulsdon, Surrey spent a year in the Umbrian city as part of a European Studies degree at Leeds University. Her body was found semi-naked and with her throat cut, in the bedroom of the house she shared with Knox and two other women.

Originally the chief prosecutor Giuliano Mignini claimed the motive for the attack on Meredith was because she refused to take part in a drug-fuelled orgy with Knox, her boyfriend Sollecito, and a fourth person, Ivory Coast-born Rudy Guede, a small-time drug-dealer.

During the course of the trial, Mr Mignini repeatedly changed his mind about the motive as he sought to explain the murder. On one occasion he said it was because "powerful drugs had driven Amanda and Raffaele crazy."

Then he claimed robbery was the motive before settling on a belief that the killing had taken place because of a personal animosity between the two young women. He also described Knox as "a natural-born killer... a naturally violent person."

However, two Italian judges who sat with a jury of six members of the public decided the murder of Meredith was "without planning, without any animosity or grudge against the victim". Their 427-page written judgement was released six weeks ago. Although the judges added in their report that the prosecution evidence was "without holes or inconsistencies" the Knox and Sollecito appeals will contest the verdict and seek to highlight what their legal teams claim are the many "holes and inconsistencies, that peppered the trial."

Much of the appeal - expected to be heard in October - will question the methodology used for the DNA testing and forensic examinations.

Independent forensic experts on three continents have viewed videos of how 480 pieces of evidence were gathered, logged and handled and many have been highly critical of the methods used.

They have all raised doubts about the accuracy of a tiny piece of DNA on a knife that connects Knox to the murder scene that was picked out at random by a police officer from a kitchen drawer.

They will also focus on the only DNA that links Sollecito to the murder scene, a bra-clasp that was initially ignored by police and investigators for more than six weeks. It was known to have been moved around the bedroom floor after the murder, which may have exposed it to potential contamination.

An application for an independent third-party analysis of the DNA will be made to the appeal court which will be heard by a new judge and jury, together with a new prosecution team. Such an application was made during the original trial but was refused.

It has also emerged that the prosecution has failed to deliver to the defence all the paperwork and documentation related to the forensic testing.

Chris Mellas, Knox's step-father who is currently in Perugia, said yesterday: "Our lawyers asked for everything, every file and record relating to the forensic testing. We were given some of the stuff, like what was on Meredith's shoes or a juice glass but not the full reports on the knife used or the bra-clasp."

Deputy prosecutor Manuela Comodi brushed off the request for all forensic documentation and added: "They have everything they need. That is enough."

Defence lawyers will argue Knox was a suspect through the entire period and was denied her basic legal rights during the period, and was pressured into making a confession.

Foxy Knoxy. A class act. At the police station, in jail, in court...

[gabriel]

abcnews.go.com/GMA/AmandaKnox/amanda-knox-appeal-witness-prove-innocent/story?id=10412504&page=2


Amanda Knox Appeal Claims New Witness Can Prove She's Innocent
Jailed American Student Asking Italian Courts to Revisit DNA Evidence, Police Interrogation

By ANDREA CANNING and SARAH NETTER
April 19, 2010
for Amanda Knox, the American student convicted in Italy of murdering her roommate, say they have a new witness who can prove Knox wasn't present when her roommmate was killed.

American convicted of murder in Italy says there's no proof she was at the sceneKnox's lawyer told "Good Morning America" today that they are confident that new evidence in the 200-page appeal of her murder conviction will force Italian courts to take a hard look at the validity of her prison sentence.

"Why is Amanda Knox still in jail?" her attorney Ted Simon asked today on "GMA," calling the 22-year-old's conviction for the 2007 murder of British student Meredith Kercher "fraught with speculation."

Knox's legal team and her family are hoping the appeal will overturn her conviction and bring her home to Seattle.

Amanda has zero history of violence at all, ever," Knox's mother Edda Mellas said. "Her first crime is not murder. It doesn't happen."

Knox was convictedalong with her former boyfriend Raffaele Sollecito on Dec. 5, 2009. Sollecito's lawyer submitted his appeal last week. A third person, Rudy Guede, was convicted of taking part in the murder in a separate trial.

Simon said that new evidence in Knox's appeal and Sollecito's includes witness testimony that proves neither were even in Kercher's room the night of the murder.

"There's brand new information presented as part of Amanda's appeal by another person...that states for the first time that Amanda Knox and Raffaele Sollecito were not present or were not involved," Simon told "GMA."

The appeal will also challenge the validity of the prosecution's forensic evidence, particularly the reliability of DNA found on a knife in Sollecito's apartment that prosecutors claim was the murder weapon.

"All the forensic evidence points to Rudy Guede," Simon said. Guede was sentenced to 30 years, but that sentenced was reduced to 16 years on appeal.

"There is no forensic evidence that points to Amanda Knox," Simon said.

Differing from the American judicial system, the appeals process in Italy allows for a re-examination of evidence presented during the trial, which Simon said they will use to Knox's advantage.

Her attorneys are once again asking for an independent evaluation of the DNA evidence, a request that was denied during her trial.

"This 200-page appeal persuasively demonstrates whatever evidence that was produced was insubstantial, unpersuasive and unreliable," Simon said. "It was fraught with speculation, conjecture and contradiction."

The appeal also claims Knox was denied her legal rights during the initial police interrogation when she gave conflicting statements about the night of the murder.

"She was not provided with an official interpreter. She was not provided with a lawyer," Mellas said. "She was smacked on the back of the head, she was threatened , she was screamed at."

The appeal will be heard by two new judges and six jurors. A decision is expected in the fall. If the appeal is unsuccessful, Knox can then appeal to Supreme Court in Rome

Amanda Knox's Family appeal came days after prosecutors filed their own paperwork, asking to extend Knox's prison term to a life sentence.

In an opinion issued last month, the two judges and six jurors from Knox's trial explained her 26-year sentence by saying they believed she participated in the murder and its cover up.

Prosecutors had presented several motives -- from robbery to tensions between the two girls -- but the judges and jurors decided there was no motive. The crime, they said, "happened at the spur of the moment in a drug-fueled escalation of a sexual assault." Simon said the very fact that the Italian court dismissed the prosecution's varying theories for a motive should speak volumes about her innocence.

"Why would Amanda do such a thing without a motive?" he asked.

Simon said his client is doing her best behind bars.

"Under the circumstances we believe she's doing very well," he said. "I mean this is tough situation."

But the possibility that prosecutors may get their way and put Knox away for life is not something her parents are willing to accept.

"We will never leave her over there. She will come home no matter what it takes," her father Curt Knox said.

"Any parent would do that for her innocent child," Mellas said.

Why is she still in jail? Mamma Mia (smacka the head and doa the cartwheel) she was found guilty of murder. Knox and Sollecito were shown on CCTV heading back towards the house before the murder occcurred. Did they suddenly stop and decide to do cartwheel practise before being taken in for questioning?

You know what's interesting. Suddenly, Knox's camp is being very nice towards Sollecito. Because I guess they've figured out that he's got to be included in the we're all inocent case Knox's lawyers are going to present. You know, I thought he'd be thrown to the wolves but they've obviously rethought that strategy. Safer to have him as an ally than as an enemy.

[gabriel]

Mamma Mia. My favourite north-western chick is back in the news again. Boy, have I missed Amanda. In case you've never heard of her, she and her boyfriend were found guilty last year of stabbing to death her roommate, Meredith Kercher, in their rented digs in Perugia, Italy. She got 26 years, he got 25. That's on automatic appeal.

Wait, there's more...

Sweet little Amanda and her family alleged she was beaten by the cops when she was being interrogated.

Mamma Mia (smack on head) why are you(smack on head) stopping me (smack on head) from doing cartwheels( smack on head) and making out (smack on head) with my boyfriend(smack on head)just because my roommate is lying(smack on head) dead with her throat cut(smack on head) and my DNA(smack on head) is on the murder weapon (smack on head) and I was caught on CCTV coming back (smack on head) just before the time of death(smack on head) to the house?


www2.seattlepi.com/articles/420882.html



Sunday, May 30, 2010 · Last updated 4:01 p.m. PT

Did Amanda Knox slander police?
Second trial set to start Tuesday

KOMO-TV STAFF

PERUGIA, Italy -- Amanda Knox, already convicted of murdering her British roommate in Italy, now is about to face another trial -- this time for slander.

The new trial, set to start Tuesday, could add another six years to Knox's prison sentence if she is found guilty. She currently is serving a 26-year sentence for the November 2007 murder of Meredith Kercher.

The slander charges follow an investigation into Knox's claims that she was beaten by Perugia police during questioning about the killing.

During the murder trial, Knox testified twice that police had beaten her during questioning as part of an effort to get her name Kercher's killer. She also said police called her a "stupid liar" and threatened her with prison.

"They called me a stupid liar; said I was trying to protect someone. I was not trying to protect anyone," she said during the trial. "I didn't know what to respond. They said I left Raffaele (Sollecito)'s home, which I denied, but they continued to call me 'stupid liar.'"

Sollecito, Knox's ex-boyfriend, also was convicted of murder and has been sentenced to 25 years in prison.

Knox has said she was unable to identify the officers who hit her.

The prosecutor in the case, Giuliano Mignini, said there was no proof of assault and Knox would now be charged with slander in order to protect the good name of the police department.

Mignini was quoted in British media reports as saying, "There was no proof to back up her allegation and to protect the good name of the police department a slander investigation was started and this has now been complete."

Knox's parents, Curt Knox and Edda Mellas, have also been charged with slander for repeating their daughter's claim that police officers had beaten her during questioning.

The trial of Amanda Knox's parents is set for July 6.

Meanwhile, Mignini also has filed an appeal of Knox's 26-year murder sentence, asking that the punishment be increased to life in prison.

And Knox's lawyers have filed their own 220-page appeal. They want her murder sentence reduced or eliminated, claiming that the prosecution completely botched the case and that there is no proof she was at the scene of the crime.

The appeal is expected to go before the court in October.

As always, I look forward to the next installment of amandaknox.com.lookatmeforGod'ssakelookatme.org

[gabriel]

www.dailymail.co.uk/news/worldnews/article-1283109/Amanda-Knox-chops-hair-suffers-depression-slander-court-hearing.html



What a difference 26 years makes: Amanda Knox chops off hair and suffers 'depression' before slander court hearingBy Nick Pisa

Last updated at 12:08 AM on 2nd June 2010
The cool-headed composure and piercing blue eyes remain familiar from her murder trial.
But yesterday, at her first appearance in public since being jailed for killing British student Meredith Kercher, there was one striking difference about Amanda Knox.
The 22-year-old was sporting a dramatic new hairstyle, having closely cropped her distinctive long brown locks.

Knox - known by her self-titled internet nickname of Foxy Knoxy - was in court in Perugia charged with slandering the Italian police.
During her murder trial, she claimed detectives had 'cuffed' her twice around the back of the head while they questioned her over the 2007 killing of 21-year-old Meredith, of Coulsdon, Surrey.

She described the verbal and physical bullying she claimed she was subjected to during her long sessions with police.

And she claimed a female police officer hit her twice on the back of her head, and she was threatened with 30 years in prison if she continued to 'lie'.
Prosecutor Giuliano Mignini said the 'good name of the Perugia police' had been attacked


But during the brief hearing, Knox was overheard telling her legal team: 'I didn't want to accuse anyone of anything - I was just telling things as they happened. Why are they always accusing me?'
The American also appeared thinner since starting her 26-year sentence in Perugia's Capanne jail in December.
The slander case was adjourned and a trial is expected in October. If convicted, Knox's sentence could be extended by six years.
Police have denied Knox's accusation.

Sources at Perugia's Capanne jail revealed that Knox has been suffering from 'severe bouts of depression', despite attempts to keep 'as upbeat as possible'.
The source added that Knox had not been able to get a job inside the prison, as her sentence was not yet definitive and there was an appeal pending

'She is biding her time writing letters to friends and also translating for other inmates

'She also does their shopping for them and that is quite a trusted position - she is very popular with her fellow inmates and she has their sympathy because of her age and good looks.'
Kercher, 21 from Coulsdon, Surrey, was a Leeds University student in Perugia as part of her degree course and she was murdered in November 2007, just two months after she arrived in Italy.
Her semi-naked body was found in the house she lived in with Knox and others. Her throat had been cut.

After a high-profile trial, Knox was convicted with her then boyfriend Raffaele Sollecito, 26, who was given 25 years for his part in the crime.

In October 2008 a third suspect - Ivory Coast drifter Rudy Hermann Guede - was sentenced to 30 years after a fast-track trial, but this was reduced to 16 years on appeal six months ago

[gabriel]

news.uk.msn.com/world/articles.aspx?cp-documentid=153587340

Barbie Latza Nadeau, www.thedailybeast.com, Updated: 01/06/2010 04:15
10 Questions for Amanda Knox


It's back to court for Amanda Knox, the 22-year-old Seattle native currently serving 26 years in prison in Italy for sexually assaulting and murdering her British roommate, Meredith Kercher. This week, Knox is expected to attend a preliminary hearing on slander charges lodged against her for accusing Perugia police of abuse. During her testimony at her murder trial last June, she accused the cops of slapping her on the back of the head during an interrogation just days after Kercher's body was discovered in November 2007. The police deny hitting her, and Knox's own lawyers have never filed charges for the alleged abuse. If she is convicted of slander, a judge could add six years to her sentence.

A high-profile jailhouse interview with Knox is considered the Holy Grail by journalists covering the case.

Knox's resurgence in the headlines was to coincide with a joint jailhouse interview she had granted to ABC News and the Italian broadcaster Mediaset's Matrix program. But the bureau of prisons denied the interview in the final hour, effectively silencing Knox indefinitely. A high-profile jailhouse interview with Knox is considered the Holy Grail by journalists covering the case, and the American and Italian networks have been vying for a chance to ask Knox a few questions on camera. Now it is unlikely anyone will get an interview before Knox's appeal hearings this fall. But if we did, there are a few questions we'd want her to put to rest.

1. Why did you and Raffaele Sollecito turn off your cell phones at the same time the night of November 1, 2007 and on again at the same time the next morning? You told the police that you and Raffaele slept late the morning of November 2, 2007, but phone records show that you both turned your phones back on very early that morning. How could that be?

2. Why were you bleeding? Your lawyers agree with the prosecution's findings that at least one of the spots of Meredith's blood found in the house where she was killed had your blood mixed with it. Your mother told me that you had your period. Your stepfather told others that your ear piercings were infected. Which was it?

3. Once you realized your mistake in blaming Patrick Lumumba for Meredith's murder, why didn't you tell the authorities? You told your mother that you felt bad about it, so why didn't you alert an official so Patrick could be set free?

4. Why did you go with Raffaele to the police station on November 5? You were not called in for questioning. Did you realize at that time that you were both under suspicion?

5. Why weren't your and Raffaele's fingerprints found in your house after the murder if the two of you had spent time there that morning and the day before? Only one half-print on a glass in the kitchen has been attributed to you, yet you have claimed that you took a shower there that morning. How did you spend so much time there and leave virtually no trace?

6. Why did you take the mop and bucket from your house over to Raffaele's house? You told the prosecutor during your testimony in June 2009 that you took the mop and bucket to his house to clean up a leak under his kitchen sink. But by your own testimony, the leak was miniscule and could have been easily cleaned up without it. What were you really doing with the mop?


7. What would you do differently if you had a chance to rewind the clock back to November 3, 2007? Would you go to the memorial service for Meredith? Would you still have gone to the police station with Raffaele? Would you have left for Germany when your aunt asked you to?

8. What do you think happened the night Meredith was killed? You have professed your innocence. Who do you think killed her and under what circumstances?

9. What do you really think of the Italian justice system? You told an Italian parliamentarian that you got a fair trial, and you even thanked the prosecutors for trying to solve the mystery of Meredith's death, but your supporters at home in Seattle maintain that the Italian system is corrupt and unfair. What is your real view?

10. Is there anything you wish you would have said in court during your trial? You talked about your vibrator and about how you did not want an assassin's mask forced on you. But in your final appeal after the closing arguments on December 4, 2010, why didn't you say the words, "I did not kill Meredith Kercher?" Raffaele did when it was his turn to speak. Why didn't you?

I think these are very good questions. I'd like Foxy to answer them.

[gabriel]

So you know the main players.



Guede. Knox. Sollecito.

[gabriel]

Living in Amandaland, it never takes long for the kooks to bob up.

edition.cnn.com/2010/CRIME/06/10/amanda.knox/




Rome, Italy (CNN) -- A jailed Italian mobster claims he can prove American student Amanda Knox, her former boyfriend and a drifter are innocent of murdering Knox's British roommate because he knows who the real killer is -- his brother.


Jailed mobster claims he can prove Amanda Knox is innocent

By Hada Messia and Mallory Simon, CNNJune 11, 2010

Luciano Aviello, 41, made the statement during a videotaped interview with Knox's lawyers.

He said he had tried to write the Italian court several times to say that Knox and the others were innocent, but no one ever contacted him, defense and prosecution officials said.

A source close to the case tells CNN that Aviello, who has been in and out of prison since age 17, was out of prison, living down the street from Knox and Meredith Kercher and under a "protection program" at the time of the murder. Aviello is serving 17 years in an Italian prison because of his association with the Camorra crime family. According to Italian media reports and Britain's Daily Mail, he has testified against the mob at several trials, always from behind a screen to shield his identity.

Kercher, 21, was found semi-naked with her throat slashed in the house she shared with Knox in November 2007.

Knox and her former Italian boyfriend, Raffaele Sollecito, 25, were found guilty in December 2009 of Kercher's murder and are serving sentences of 26 and 25 years, respectively. A third person, Rudy Guede, a drifter originally from the Ivory Coast, plead guilty to the murder and is serving a 16-year prison sentence.
In March, Aviello contacted Knox's attorneys, who visited him in prison to learn more about his story.

Aviello told Knox's lawyers during the videotaped interviews that his brother, who was staying with him at the time of Kercher's murder, came home one night and said he had killed a girl during a botched robbery. British and Italian media have reported the brother's whereabouts are unknown and neither the lawyers for Knox nor the prosecution would comment further.

"When he came to my house he had a bloodstained jacket on and was carrying a flick knife. He said he had broken into a house and killed a girl and then he had run away," Aviello said in his statement. Originally from Naples, Aviello says he was living in Perugia at the time of the attack.

"I know [he was involved] because my brother confessed to me that he had killed Meredith and he asked me to hide a blood-stained knife and set of keys," he said, according to an attachment to Knox's appeal documents.

Aviello told the lawyers that his brother said he and an Albanian man broke into the house and found "the poor English girl," Kercher, "who started screaming like mad"

The brother "stabbed her in the throat then he tried to stifle her screams," Aviello said. "Meredith defended herself like mad, scratching and hitting out at him."

Aviello said he can prove Knox's innocence and his brother's involvement because of evidence he buried at his home.

"I had everything under a little wall behind my house," he said. "I am happy to stand up in court and confirm all this and wrote to the court several times to tell them but was never questioned."

Italian prosecutor Giuliano Mignini, who led the case against Knox and Sollecito, told British and Italian media that Aviello's claims were irrelevant since the court already deemed him not credible and didn't interview him.

Mignini told CNN on Thursday he couldn't comment much on Aviello's assertions because "we need to verify his claims, in general, all of what he is saying."

Mignini said he has not yet interviewed Aviello, but will begin looking into his background as part of an investigation. That investigation will include checking out the burial of the key.

Knox's lawyer, Carlo Dalla Vedova, said he hopes a judge will allow Aviello to testify at Knox's appeal hearing, which is likely to take place in the fall.

"The court should have vetted the reliability of the person and the worthiness of his claims," Dalla Vedova said. "We have posed again the same request to the appeals court.

In filing an appeal, Dalla Vedova pointed to Aviello's letters to the courts, saying they show Knox was not able to present all the witnesses, and that may have influenced the verdict.

Mignini disputed the claim.

We "can't simply investigate in the course of a trial every claim that comes up," Mignini told CNN.

David Marriott, a lawyer for the Knox family, said that while they don't yet know whether Aviello's claim is valid, he feels it is only right that Knox get to air all the evidence in court.

Even if the story isn't true, Knox and her lawyers should at least get the chance to investigate it and have his claims heard, Marriott said.

"The fact that the court didn't even decide to question him or at least look further into the claims is a part of what Amanda's appeal is all about," he said. "We don't know the truth, but the court has the responsibility to check it out."

Marriott also said he thinks it's possible Aviello's statements weren't checked out because Italian police and prosecutors believed they already solved the case.

"There's no motivation I would guess for the police to actually pursue it," he said, when asked if the keys, clothing or knife Aviello claims were buried were ever dug up. "In their minds not only is it over, but why would they investigate something that might show their initial investigation was faulty."

Ah, Don Luciano, padrone, are you gonna make an offer that Amanda can't refuse?

You need to know that Amanda doesn't play well with others so if you're looking for your 15 minutes of fame off her story, you'd better rethink.

On a practical note (and that's not around often in Amandaland), why would a guy in protective custody want to come into open court and testify?

God bless Amanda and all who live in her world. It keeps me entertained.

[sadie]

This story just gets stranger and stranger.......why in the world would this guy come forward with this story? Could he have gotten paid? Really hates his brother?

[gabriel]

All of the above, maybe. Must be hard being a made man and lose your prison imortance to a chick from Seattle. What? She only killed one woman? How many men do you think I've killed? la la la la la la la la.......

[gabriel]

bleedingespresso.com/2010/06/the-amanda-knox-murder-case-and-anti-american-bias-perspective-of-an-american-lawyer-in-italy.html

This is a really well written article on the case.

28 June 2010
Anti-American Bias in the Amanda Knox Case: Perspective of an American Lawyer in Italy
After writing my review of Murder in Italy by Candace Dempsey, I found I hadn’t scratched the surface of what I had to say about this case. Once I started writing, I ended up with way too much material for one post, so I’m spreading it out this week, which apparently will be Amanda Knox murder trial week here at Bleeding Espresso. Believe me, I’m not thrilled about it either, but I do want to get this perspective out there, so I ask that you please bear with me, and we’ll get back to Calabrian sunshine and cuisine next week.

Over the past couple years, many people have asked about my opinions, and I understand why: I am American, I have lived in Italy for seven years, and I am a lawyer. I’ve refrained from offering my opinion publicly as I simply don’t know what really happened in that house in Perugia in November of 2007.

While I may come from a somewhat unique perspective, I don’t know any more than anyone else, and it’s not my job to decide whether Amanda Knox, Raffaele Sollecito, and/or Rudy Guede played parts in Meredith Kercher’s death. Courts have heard the cases and decided, and we’ll soon be going through a similar process again. If you want speculation on “whodunit,” you can find it all over the Internet. Have at it.

Putting aside the “Did they do it?” questions, from where I’m sitting, there have been certain aspects of the case that have bothered me from the beginning; that is why I’m writing now. It should be understood, but I’ll say it anyway: what follows is MY perspective based on MY experiences as an American (Italian dual citizen) lawyer living in Italy. Your mileage may vary.

To me, there have been three major misconceptions about the trial on the part of the American media: the so-called anti-American bias in the Italian criminal justice system, the so-called media circus surrounding the trial, and the so-called conviction based on nothing. I’ll deal with each in turn, starting with:

The So-Called Anti-American Bias in the Italian Criminal Justice System

Let me start by saying I am disgusted with the way the American media has treated the Italian criminal justice system; if someone wants to bash the system, I have no problem with that *if* the person knows what s/he is talking about. If you don’t know the basics of the system let alone its ins and outs, it’s not only uninformed but also beyond disrespectful to (literally) shout about it on television news programs and rile up the masses, who probably know even less than the “journalists.”

From my experience — and as many fellow Americans and other foreigners living in Italy might agree — Americans here are often offered some of the best treatment of any foreigners in many aspects of society. I can’t and won’t speak for all Americans in Italy, but I have seen absolutely no underlying bias working against us; in fact, I would say it’s often quite the opposite. In fact, I lived here through most of the George W. Bush years, and even at the height of his unpopularity in Italy, Americans as a group weren’t hated — and that’s saying something, I think.

I’m having a hard time understanding why if Americans tend to be treated extra-well in everyday transactions, it would turn to animosity, even a witch hunt according to some, in a situation as serious as a criminal investigation — although let’s remember that Knox’s accusatory finger pointed at Congan native but long-time Perugia resident Patrick Lumumba had him arrested before he was even asked about an alibi, so they seemed to believe wholeheartedly in that American back then.

Put another way, I have no problem with the argument that the verdict was against the weight of the evidence (the judges and jury got it wrong) or with those who question the wisdom of putting Prosecutor Giuliano Mignini, who was going through his own prosecutorial misconduct trial (and was eventually convicted) in charge. Indeed, these are absolutely valid challanges. But implying or insisting that the entire Italian criminal justice system had it out for Knox *because* she is American is absurd.

Aside from personal observations, my mind keeps coming back to one question I can’t sufficiently answer, and I feel myself wanting to quote Denzel Washington’s line from Philadelphia, “Explain it to me like I’m a 4-year-old.” My question is this: “What would be in it for Italy to railroad Amanda Knox?” Millions of euros in tourism revenue lost per year because disgruntled Americans won’t visit and, taken to the extreme, the possibility that the most heavily armed country in the world wouldn’t come to its defense in a time of need?

OK, so maybe Mignini wouldn’t think on that grand a scale, but wouldn’t *anyone* throughout the entire government? I find it much more plausible that the Italian powers-that-be would find a way to make this go away if they saw a reason to do so. Remember Prime Minister Silvio Berlusconi came back into office in early 2008, just before a new American President would be taking over; couldn’t it have been an opportunity to forge a relationship with a new White House buddy?

Granted, like most murder cases, this one isn’t technically a national matter, but let’s be honest: Italy has liked staying on America’s good side since World War II, and anyone who knows anything about Italy knows Berlusconi can do pretty much whatever he wants. If he wanted this to go away, it would.
So I’m left to wonder: if a young American college student (a sympathetic “victim” if there ever was one) has been falsely accused of murder, wouldn’t it actually be in the Italian government’s best interests to fix the thing? Make it go away? Play nicey-nice with one of the world’s so-called superpowers? Or, short of that, make damn sure she gets a fair trial?

To be clear: I’m not saying the Italian criminal justice system is flawless. I’m also not saying there may not have been other improper and/or unethical reasons Knox was pursued as a suspect; from my experiences and observations, I just don’t believe her American citizenship was one of them.I also don’t believe the Italian government would sit on its collective hands and let an American girl get “railroaded” as so many have claimed. It just doesn’t make sense to me why they would do that. Aside from not wanting a miscarriage of justice on their hands (never looks good on a government), international scandals just don’t look very good either — and Italy is famous for the bella figura.

So maybe you’re thinking, “But part of the bella figura is actually solving a high-profile crime!” Indeed, but remember the police did have Guede’s DNA all over the crime scene, so his conviction wasn’t going to be difficult to obtain (and he’s even technically a foreigner although he spent most of his life in Italy). And let’s not forget there is also an Italian who has been convicted — on less evidence than there was on Knox IMHO. Anti-Italian bias?

Or one could say the bella figura aspect means that Italy wouldn’t want to make itself look bad by admitting it was wrong about Knox. Sure, that’s a possibility, but remember the police also made a huge scene of arresting Lumumba, but then had to release him two weeks later when his DNA didn’t show up at the scene and he had a solid alibi. Plus it seems it would be much more brutta to send someone to prison for murder and then get called on the international carpet, so to speak, by the U.S. Secretary of State or President on the issue — and they’d have to believe that would happen if it was a clear case of railroading, no?
Now, to be clear, none of this means I necessarily think Knox and Sollecito are guilty of the crimes they’ve been convicted of, but at the same time, I can’t easily explain away the fact that no one from a higher level of Italian government has stepped in at any point to question the arrests and convictions — this despite a highly publicized outrage campaign by Americans, including politicians, albeit not top-level. Secretary of State Clinton said just after the verdict that she’d be willing to talk to anyone with concerns about the case, but there’s been nothing else reported on that as far as I know. If anyone knows the status of Clinton’s review, please do share.

To me, all of the above suggests anti-American bias had nothing to do with this case and that there just may be something behind the conviction after all — such as the 400+ page document written by the court that explains its decision, which I’ll be discussing later in the week. Before we get there though, on Wednesday I’ll talk about another of my pet peeves about this case: the so-called media circus surrounding the trial. Hope you’ll be back for that.

[gabriel]

www.seattlepi.com/local/422580_heavey29.html

Naughty naughty

Tuesday, June 29, 2010
Last updated 9:59 p.m. PT

Knox defender responds to judicial conduct charges
Judge: I was 'furthering the ends of justice,' not doing a personal favorBy LEVI PULKKINEN
SEATTLEPI.COM STAFF

A King County judge and outspoken defender of Amanda Knox has responded to administrative misconduct charges related to a letter he sent to an Italian judge protesting Knox's treatment by authorities there.

Superiour Court Judge Michael Heavey was accused of misusing his office in advocating for the convicted killer. His attorney argued the West Seattle resident was "furthering the ends of justice" as required by his post when he sent letters on Knox's behalf prior to her conviction.

"In short, what Michael Heavey learned about the Amanda Knox case led him to an informed conclusion … that what was happening to Amanda Knox in Italy was an absolute affront to Truth and Justice," attorney Cassandra L. Stamm wrote in response to the state Judicial Conduct Commission charges.

"As he wrote at the time, Michael Heavey feared Amanda Knox 'was in grave danger of being convicted of the murder because of illegal and improper poisoning of public opinion and judicial opinion."

Knox was charged in the death of her roommate Meredith Kercher, a Nov. 1, 2007, killing that drew worldwide media attention. The University of Washington student and West Seattle native was convicted in the rape-murder on Dec. 4, 2009, following a year-long trial; her family and supporters contend she was wrongly convicted.

In administrative charges made public earlier in June, Heavey was accused of violating the state's Code of Judicial Conduct by sending letters to three Italian judicial officials on Knox's behalf before her conviction in the murder of a fellow exchange student living with her in Perugia, Italy.

According to charging documents from the Judicial Conduct Commission, Heavey is alleged to have sent letters typed by court staff on official stationery. Heavey is also accused of speaking publicly on the case in an attempt to influence the proceedings.

Heavey was among a number of Seattle residents who dubbed themselves the "Friends of Amanda" after the allegations against the West Seattle-raised former University of Washington student surfaced.

Speaking to the Seattle Post-Intelligencer near his home in November 2008, Heavey explained that, like Knox, his three daughters attended Seattle Prep, a Jesuit-run private school in the city's Capitol Hill neighborhood.

Calling Knox "a Seattle girl," Heavey said at the time that the prosecution of Knox bordered "on diabolical."

"To me, it just shows they don't care whether she's guilty or innocent," Heavey said then. "They just believe Amanda needs to be convicted."

In an administrative charging document, the state commission's investigators argued Heavey may have misused the prestige of his office by advocating for Knox and assailing the Italian authorities prosecuting the case. The commission also alleged Heavey may have violated a rule stating that judges "should not lend the prestige of judicial office to advance the private interests of the judge or others."

Probable cause for an inquiry having been established, the commission will now prepare for an administrative hearing on the matter.

Defending Heavey, Stamm argued that the judge's comments were made in service of a public interest -- the administration of justice -- and not as a personal favor to Knox.

Acknowledging that the letters could have been "better framed" if sent on personal stationary, Stamm offered that Heavey could have been more clear that they were statements of personal opinion rather than those of the court. Still, she contended Heavey took steps to correct any misunderstandings in that regard.

Responding to the allegations shortly after they were made public, Heavey said in a statement that he acted to "serve the interests of justice," not to advance the private interests of Knox.

"My letters were basically to speak out against the injustice of improper actions designed to prevent a fair and impartial trial," Heavey said in a statement. "This is not advancing a private interest. It is addressing fundamental principles of due process and fairness."

If Heavey is found to have violated the rules of conduct, the commission could issue a variety of reprimands or ask that the state Supreme Court consider suspending or removing him from office.

[Deleted]

The sad thing is that the Italian legal and police system handled the case with such appalling ineptitude that even though Guede, Knox and Sollecito are certainly guilty there may well be some legal technicalities which allow them to escape.