2013年10月22日火曜日

Amanda Konox Retrial

Amanda Konoxの高裁差戻審が始まった。
結局、Amanda Knoxは伊の裁判所に出廷しなかった。
米伊の犯罪人引渡しと犯罪者身辺調査のかけひきになりそうだ。

犯罪人引渡し条約を締結していなければ、国民を引き渡さないのが、
米国務省や日本外務省。現地犯罪者が大使館や領事館に逃げ込んで、
本国へ帰国と言う話は、在日米軍所属の犯罪者同様、日本を含め、各国
の報道で、よく見かける。

Rudy Guedeは、犯行を自供。
凶器とする包丁(ナイフ)[証拠番号36-i]には、Meredith Kercherや
Rudy Guedeのものではなく、Amanda KnoxのDNAが見つかったとのリーク
情報もある。
凶器とされる包丁にMeredith KercherのDNAが見つからないのに、犯行の
証拠の凶器とする矛盾があるとのこと。

Amanda Knoxは、「不当に収監されたため、伊裁判所の再審に出廷するつ
もりはない」と表明。

年内に判決する予定とのことだから、包丁のDNA鑑定のみで判決を出すよ
うだ。

違法薬物で数十回の刺し傷の上、記憶傷害。
ドラマでは、各々の刺し傷を調べて、凶器や傷の順序、犯行人数、犯行
者の身体的特徴等を鑑定することが多いが、現実とはかなり異なるのか。

Amanda Knox Acquittal Overturned


Amanda Knox 2009-12-07 CNN - The Situation Room


BBC News Amanda Knox I want to pay respects at Kercher's grave


DNA Results a Key Piece of Evidence in Amanda Knox Case


---元米留学生の差し戻し審開始=ルームメート殺害事件-イタリア---
2013/09/30-19:21
http://www.jiji.com/jc/zc?k=201309/2013093000811

 【ジュネーブ時事】イタリア中部ペルージャで2007年、米国人元女子留学生アマンダ・ノックスさん(26)が交際相手らと、ルームメートの女性を殺害したとされる事件で、逆転無罪を言い渡した裁判の差し戻し控訴審が30日、中部フィレンツェの高裁で開かれた。
 ノックスさんと交際相手だったイタリア人男性(29)は09年の一審でそれぞれ禁錮26年と25年の実刑判決を受け、4年間収監された。二審は検察側が提出した凶器の刃物に付いていた血液のDNA鑑定に重大な欠陥があると指摘。2人は11年に逆転無罪を言い渡され、ノックスさんは米国に帰国した。
 しかし最高裁は今年3月、高裁がDNA鑑定結果やノックスさんの供述などを「十分に調べたとは言えない」と問題視。無罪判決を破棄し、差し戻しを命じた。この日の公判にノックスさんは姿を見せず弁護士が出廷した。ANSA通信によると判決は年内の見通し。


---Amanda Knox Update: DNA test result is a win for American accused of murder in Italy---
October 16, 2013 11:56 AM
By Doug Longhini
http://www.cbsnews.com/8301-504083_162-57607770-504083/amanda-knox-update-dna-test-result-is-a-win-for-american-accused-of-murder-in-italy/

(CBS) - Last night on Italian television, Amanda Knox was the main event and, for the first time in six years, she landed a solid punch to the glass-jaw of her opponents. The fight isn't over yet and there are several rounds to go, but the 26 year-old's verbal blows, aided by new DNA results, may prove a "decisive" knockout of her ever-weaving and dodging pursuers.

Amanda Knox and her former boyfriend, Raffaele Sollecito are again facing charges that they stabbed Meredith Kercher to death in the British student's bedroom in Perugia, Italy in November 2007. Another man, Rudy Guede, is currently serving a 16-year sentence for Kercher's murder.

Knox's legal ordeal began on November 2007 when she was arrested and jailed after a false confession implicated her in the Kercher murder. In 2009, Knox was convicted for the Kercher murder and sentenced to 26 years in prison. But in 2011, an appellate court acquitted Knox of homicide. After spending four years in prison, Knox was released and immediately returned to her home town, Seattle. But this year, the Italian Supreme Court overturned the acquittal and directed that a new appellate trial begin in Florence. Those proceedings started in late September, but Knox is not in the courtroom, she is staying put in Seattle.

The Florence judge says Knox is in "default" because she has failed to appear in the courtroom. But there is nothing much the judge can do about it since 4,800 miles separate Seattle from Florence. Still, Knox's very public no-show is a thumb in the eye of the court. It is also a sign Amanda Knox is coming out of her corner, fighting.

For years, Amanda Knox has been on the receiving end of the best body blows the media and Italian prosecutors could deliver. She took it and held her tongue. Even after spending four years in prison, the American student rarely, if ever, had a bad word for her tormentors.

So what did Knox say on the Italian talk-show Porta-Porta last night that caught Crimesider's attention?

Amanda Knox told the talk show: "I am not the femme fatale criminal fantasy they describe. This person does not exist. They put a mask on me, they put evil on me, but they didn't try to see who I really was."

Knox also told Porta-Porta what she believes is the real motive behind her third homicide trial in six years. She said, "I am paying for the mistakes of the police, of the investigators who don't want to admit that they are wrong."

Indeed, the lengthy list of mistakes by investigators and police in the early days of the Kercher case filled hours of testimony at Knox's 2011 appellate trial. That testimony resulted in virtually everything the police collected, surmised, and threw against Knox being labeled "unreliable" and tossed into the waste bin of the 2011 appellate court.

One of the big items trashed was the prosecution's claim they had found the knife that killed Meredith Kercher. The supposed murder weapon was discovered in a moment of clairvoyance by a Perugia police officer who apparently knew exactly which knife, among many in a kitchen drawer in Sollecito's apartment, was "the" knife. It was worthy of an episode on MythBusters. And, indeed, the myth was "busted" by the 2011 appellate court when it dismissed the kitchen knife as the weapon that killed Meredith Kercher.

But the Italians would not give up on the knife, and this year the Florence court ordered new DNA tests. There remains one trace bit of evidence, number 36-i, that was never tested. There's been speculation the new tests would prove trace 36-i to be Meredith Kercher's DNA. Effectively guaranteeing guilty verdicts for Knox and Sollecito.

Amanda Knox pre-taped her interview with Porta-Porta last week. So when she said she is "paying the price" of police mistakes, she likely had no idea what the new tests on trace number 36-i would soon reveal.

This past weekend the results of the initial test on trace number 36-i were leaked to Italian media. The DNA isn't Meredith Kercher's. Nor is it Rudy Guede's. So there is still zero proof the kitchen knife is the murder weapon. The myth looks to be "busted" a second time.

The leaked test results say trace 36-i is Amanda Knox's DNA. Since the knife came from Sollecito's Perugia apartment in 2007, and Amanda Knox prepared food in that apartment, there is little mystery as to how Knox's DNA got on the kitchen knife.

The Italian Supreme Court has declared the results of tests on trace number 36-i to be "decisive." More tests on trace number 36-i may be forthcoming. Should they also fail to find Meredith Kercher's or Rudy Guede's DNA on the kitchen knife, the fight should be called. The figurative referee should raise the arms of both Knox and Sollecito and let them exit the ring once and for all.


--- Amanda Knox: 'I Am Paying For The Mistakes Of The Police'---
By Catherine Hornby
Reuters  |  Posted: 10/15/2013 3:27 pm EDT  |  Updated: 10/15/2013 4:33 pm EDT
http://www.huffingtonpost.com/2013/10/15/amanda-knox_n_4101941.html

ROME, Oct 15 (Reuters) - Amanda Knox, the American student facing retrial for the murder of her British roommate in 2007, said on Tuesday she was paying for Italian police errors but was confident the court reviewing the case would find her innocent.

Knox and her Italian boyfriend at the time of the murder, Raffaele Sollecito, were convicted in 2009 of killing 21-year-old Leeds University student Meredith Kercher in what was described as a drug-fuelled sexual assault.

After winning an appeal in 2011 quashing the guilty verdict, both were freed from prison. But the case is being tried again in Florence after Italy's supreme court overturned the acquittals in March, citing "contradictions and inconsistencies".

Knox said in an interview due to be aired on Italian state RAI television on Tuesday night the case was taking so long to conclude because of a botched police investigation.

"I think I am paying for the mistakes of the police, of the investigators who don't want to admit that they are wrong," she said during a prerecorded Skype interview with RAI's Porta a Porta programme.

The judge in the case has ordered a new test on the presumed murder weapon, a kitchen knife found in Sollecito's house, to examine a DNA trace that was not previously checked because experts said it was too small to produce reliable results.

"NO FEMME FATALE"

"I hope that this new trial will find me innocent and will look at these facts ... let's look at this all in full, but let's find my innocence," Knox said.

Kercher was found with more than 40 wounds, including a deep gash in the throat, in the apartment she shared with Knox in Perugia, a picturesque town in the central Umbria region that attracts students from around the world.

Prosecutors had said that Kercher was held down and stabbed after she resisted attempts by Knox, Sollecito and a third man, Ivorian Rudy Guede, to involve her in an orgy in the apartment the two women shared in the town.

However their case was weakened by forensic experts who undermined the credibility of DNA evidence provided by police and made strong criticisms of their first-response procedures at the scene of the killing.

Knox, who was portrayed as a sex-obsessed "she-devil" by prosecutors, told Porta a Porta she was just a normal person and the image of her they had presented was false.

"I am not the femme fatale criminal fantasy they describe. This person does not exist. They put a mask on me, they put evil on me, but they didn't try to see who I really was," she said.

Knox reaffirmed she would not be returning to Italy to attend the retrial, because she had already been "wrongfully imprisoned". Sollecito's father Francesco said his son was planning to be in court at a hearing on Nov. 6. (Reporting by Catherine Hornby; editing by Andrew Roche)


---DNA doesn't support Amanda Knox guilt---
By Robert Weller
Oct 11, 2013
http://www.digitaljournal.com/article/360087

Florence - “If there’s no DNA, what are you going to say?” That is what the late Johnny Cochrane might say if he were defending 26-year-old Amanda Knox in her murder retrial.
In this case, it is both the presence of DNA and the lack of it that support her acquittal.
The Seattle PI reported Friday that a police examination of Knox’s knife found only her DNA. There was no DNA from victim Meredith Kercher, who was murdered in 2007 in Italy.

“I’m satisfied; it’s a forgone conclusion. This is not the murder weapon,” said lawyer, Luca Maori, who represents Knox’s former boyfriend, also convicted of murder in the case.
“How is it possible to find traces of Guede in enormous quantities but not a single trace of Amanda?” said Giulia Bongiorno, who also represents Raffaele Sollecto.
Earlier, the London Express reported there was no trace of Knox’s DNA at the murder scene, an apartment shared by Kercher and Knox.
Both were exchange students.
Knox and her boyfriend at the time, Sollecito, spent four years in prison after being convicted of murder in a trial that featured allegations of witchcraft, deviltry and an orgy.
Italy’s Supreme Court ordered a retrial, after another court had declared her and Sollecito innocent.
Both defendants are outside Italy. Knox is in her native Seattle, and Sollecito in Switzerland.
Prosecutor Giuliano Mignini pushed the case, even after an Ivory Coast national admitted the murder. Rudy Guede got a reduced sentence for implicating Knox and Sollecito.
Mignini had pushed Satanic murder theaters in at least one earlier case, the "Monster of Florence," and been accused of misconduct. He was also accused of threatening an American writer for pursuing a book on the innocent of Knox.
No point was too low for London tabloids to go in the murder of the young Englishwoman.


---Amanda Knox's retrial begins in Italy; court orders new test on knife---
By Tom Kington
September 30, 2013, 12:59 p.m.
http://www.latimes.com/world/worldnow/la-fg-wn-italy-amanda-knox-trial-20130930,0,1827048.story

FLORENCE, Italy -- Amanda Knox and her Italian ex-boyfriend are back on trial in the 2007 murder of her British roommate, but neither defendant was in court as the case got underway Monday.

The trial is the latest stage in a drawn-out legal process that saw the pair convicted in 2009 of stabbing to death 21-year-old student Meredith Kercher at the house the two women shared in the Italian city of Perugia. They were freed from prison after winning an appeal in 2011. But the Italian Supreme Court ordered a retrial this year, saying the acquittal was riddled with “shortcomings, contradictions and inconsistencies.”

Neither Knox, 26, who now attends the University of Washington in her hometown of Seattle, nor her former boyfriend, Raffaele Sollecito, 29, were required to be present at a Florence appeals court for the new trial. But Knox’s absence was criticized by Patrick Lumumba, a former Perugia barman whom she briefly accused of being at the scene of the killing, before retracting the statement in the days after her arrest.

“Knox is afraid. She knows she has responsibility for the death of poor Meredith,” said Lumumba, who is participating in the case as a civil plaintiff and seeking damages from Knox.

Knox told the Italian newspaper Corriere Fiorentino that she would not return to Italy for the trial, "in part because my presence has always been an element of distraction in court.”

"I'm not coming back to avoid that circus,” she was quoted as saying.

Sollecito’s father has said that his son will attend the trial at a later stage in the proceedings.

Lawyers representing Knox and Sollecito made a series of requests Monday for evidence to be re-examined, including Kercher’s cellphone, a semen stain found on her bed, and a knife that prosecutors allege was used to kill her.

Most of the requests were turned down, but the presiding judge, Alessandro Nencini, agreed that DNA testing should be conducted on a previously unexamined biological trace found on the knife. He also asked to hear testimony Friday from Luciano Aviello, a convicted member of the Naples mafia who previously claimed that his brother killed Kercher.

Hearings in the case are expected to last until December, after which the Supreme Court is expected to weigh in again.

Kercher’s family has welcomed the new trial. In a letter addressed to the court, the family wrote, “Nothing will ever bring our beautiful Meredith back, and we will always hold her in our hearts and memories, but we need to know what happened, and she at least deserves the dignity of truth.”

Kercher, 21, was found with her throat slashed and more than 40 stab wounds. Authorities said there were signs of sexual assault.

Knox and Sollecito, who deny any involvement in Kercher’s death, spent four years in prison before their acquittals. In a separate trial, Ivory Coast-born Rudy Guede was sentenced to 16 years for his role in the slaying.


---'I'm not the person they say I am': Amanda Knox says Meredith Kercher deserves justice and should not be remembered for the way she was murdered---
By Daily Mail Reporter
PUBLISHED: 18:19 GMT, 22 September 2013 | UPDATED: 07:41 GMT, 23 September 2013
http://www.dailymail.co.uk/news/article-2429231/Amanda-Knox-Meredith-Kercher-deserves-justice-remembered-death.html

Knox was acquitted of 2007 murder of her roommate Meredith Kercher
She had already served four years behind bars in Italian prison
A retrial of the case begins in 10 days, but Knox has vowed not to return
Will appear on ITV's Daybreak tomorrow morning in only British interview
She said: 'I'm not the person who their lawyer says I am'
'I care about justice for her, I care about remembering her', she added

Amanda Knox has claimed she is 'not the person' she has been portrayed as by the prosecution in the re-trial for the murder of her roommate Meredith Kercher.

Speaking ahead of her only British interview, the 26-year-old student instead insists she 'cares about Meredith' and about achieving justice for her.

Miss Knox, who was acquitted over the 2007 killing of Meredith Kercher, in 2010, made the comments ahead of her appearance live on ITV's Daybreak, tomorrow morning - her only British interview.

During a brief interview with Daybreak's New York correspondent Lucy Watson, she said: 'I'm not the person who the prosecution says I am.

'I'm not the person who their lawyer says I am.

'That I care about Meredith, I care about justice for her, I care about remembering her for who she is not about the way that she was murdered.'

She will appear on ITV Daybreak tomorrow at 7.10 am, 8.10 am and on Lorraine at 8.55am.

Her scheduled appearance on British television comes after she vowed on American screens not to return to Italy for her re-trial for the murder of her British roommate, explaining: 'I just can't relive that.'

In her first live interview about the upcoming court battle, she said that she believes missing the trial was simply 'common sense'.

She was acquitted of the crime in 2010 after already serving nearly four years behind bars.

'I was already imprisoned as an innocent person in Italy, and I can't reconcile the choice to go back with that experience,' she told the Today show's Matt Lauer about the retrial, which starts in 10 days.

'It's not a possibility, as I was imprisoned as an innocent person and I just can't relive that... It's common sense not to go back.'

She told Lauer that she believes she will win the retrial and will not return to prison.

On a practical level, she added that she simply cannot drop everything to go to Florence because numerous factors - including financial pressures and the fact she attends school - would stop her.

She said that the idea of returning to prison still haunts her.

'I thought about what it would be like to live my entire life in prison and to lose everything, to lose what I've been able to come back to and rebuild,' she said.

Knox even penned a letter to her unborn child for Today.com voicing her fear that she could live behind bars and never fulfill her wish to become a parent.

The trial, which begins September 30, is the third time Knox has been on trial for the alleged murder of Meredith Kercher in the home they shared in Perugia while both were students in 2007.

Knox and her then-boyfriend Raffaele Sollecito were convicted of the killing in 2009 and spent nearly four years in prison before they were acquitted on appeal and released in October 2011.

Prosecutors had claimed that Kercher's murder came after a violent sex game gone wrong.

In March, the Italian Supreme Court rejected the appeals court ruling and ordered a new trial. It is not yet clear if the U.S. would allow her to be extradited if she is re-convicted.

Knox said the idea that she could be judged for not attending the trial 'drives me crazy'.

'What is being on trial here is not my character. It shouldn't be,' she said. 'What should be on trial is the facts of the case. If you look at the facts of the case, there's proof of my innocence.'

Ivory Coast native Rudy Guede was convicted of the murder and sentenced to 30 years in prison - later reduced to 16 years on appeal. His fingerprints and DNA were found at the crime scene.

Knox, who now lives and studies in Seattle, has written a book, Waiting to Be Heard, in which she details her stay in prison and maintains she is innocent.

She said she has suffered post-traumatic stress disorder since being released.

'It's happening so fast, and I’m not quite sure what’s going to happen,' Knox told Lauer. 'But I'm trying to do everything I can to make a difference.'

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