The nature of her injuries were such that police don't believe one person alone could have done it, as per this article:I read that the prosecutor said that it was impossible for one person to have committed the murder. Why was that
This article is interesting, but I saw that press conference and I think the assertion that the family believe Amanda and Rafaele are guilty is an assumption because they didn't say it. They never said it. Her sister said something about how they may never know what happened that night, how they aren't judges or jury or detectives. Her brother explained why the police and courts believe they were involved, but neither ever said "we think they did it". It's been inferred.
I really think they're just putting their faith in the justice system and hoping for the best, because if you read what they said, word for word, they don't know what happened or what to believe.
One day your life will flash before your eyes. Make sure it's worth watching.
I hadn't actually thought to solicit an opinion from you, as you had announced that you were leaving this thread, but thank you for returning and adding your always constructive comments.
I don't understand why anyone would think the Kerchers are the bad guys in all this, even if they did believe that Knox and Sollecito were involved. This has got to be deadly for them, dragging on as it has and still will, and they probably never will get an answer.Originally Posted by *Jen*
Well, one would hope that the convicted person would have grounds. But, whether or not they do, they have the right for appeal in a criminal case. The appeal is only the decision whether to overturn the original conviction, not a retrial. So, with no grounds, the appeal would likely affirm the original decision.Originally Posted by Prancer
I think this whole thing has been mishandled from day one. And this new claim that it wasn't a sex orgy gone wrong and that it was over housekeeping, just confirms it for me. How could they be that wrong and have any credibility?And it seems that judicial fault was found in the re-trial: Strongly critical of the Perugia appeals court's handling of the case, the cassation court alleged that there had been a litany of procedural failures: a "manifest lack of logic" here, a "bald assertion with no factual basis" there, even, at one point, "factual deductions deriving from a series of conjectures and baseless suppositions".
Just an FYI, According to my expert (husband) double jeopardy would not apply here, as Knox was originally found guilty. So, if the new guilty verdict holds up, Knox can be extradited in accordance with US law.
The president of the Appeal Cout was just saying it was challenging for them to navigate throughout all the legal papers and the 30 expertise testimonies that were produced, plus instruct the jury on how to fully understand the above. Apparently, documents take up a room.
ETA: see below.
Last edited by loulou; 02-01-2014 at 02:30 PM.
My other point was to Allezfred, that she may have lied, but that doesn't make her a killer.
Insight: Overloaded justice system ties Italy in knots
Edmond Arapi wins payout from Italian court for wrongful murder convictionFalsifying a one euro ($1.33) bus ticket in Italy is a criminal offence eligible for a full trial and two appeals that would cost the state many thousands of euros.
The U.S. Supreme Court reviews around 100 appeals per year. The number for Italy's top appeal court, serving a population a fifth the size? More than 80,000.
Italy has 40,000 lawyers specializing in supreme court cases. According to Valerio Spigarelli, head of Italy's top criminal lawyers body, the number in neighboring France, with a similar population, is 25. They are among 240,000 lawyers in Italy, compared to 54,000 in the country next door.
Statistics like this give a glimpse into a chaotic, byzantine legal system which not only reduces citizens to despair and has senior judges tearing out their hair, but acts as a serious disincentive to foreign companies planning to invest and a powerful brake on the euro zone's third economy....
There is a backlog of around nine million cases, 5.5 million civil and 3.4 million criminal.
Italy is the fourth most litigious of 38 European countries with 2.8 million new cases being brought last year alone.
The state paid 84 million euros in compensation for miscarriages of justice and legal delays in 2011. There were nearly 50,000 such claims compared to 3,500 in 2003. Another 46 million euros was paid out to people unjustly thrown in jail.
Some 42 percent of those in jail or 28,000 people, are awaiting trial and the prison population is 68,000 in institutions intended to hold 45,000.
U.S. Chief Justice John G. Roberts could not believe how many cases were brought before Italy's supreme Court of Cassation each year, said Michele Vietti, vice president of Italy's top magistrates body the CSM, describing a recent visit to Washington.
"He thought he hadn't understood the translation properly," Vietti told Reuters....
"The Cassation is submerged by so many cases that it cannot even ascertain contradictions within the system," said Davigo, who is now a supreme court judge. He added there was no law of precedent because the judges could not read all the cases.
Italian court awards record damagesA Staffordshire man wrongly accused of murder in Italy and held in prison for weeks under a European arrest warrant has been awarded major damages in a precedent-setting case. The decision has been hailed as a warning to judges and prosecutors throughout Europe not to grant such arrest warrants without examining the evidence closely.
In 2006, Edmond Arapi, 31, an Albanian who came legally to the United Kingdom in 2000 was convicted in his absence of a murder in Genoa, Italy and sentenced to 16 years. Arapi, who works as a chef in Leek, Staffordshire, was unaware of the case until he was arrested at Gatwick airport in 2009 on his return from a family holiday in Fier, Albania. He has only been out of the UK on two occasions since he first arrived and had never been to Genoa.
An appeals court in Genoa has ordered the Italian Government to pay $4m compensation to a Milan businessman, who was mistakenly convicted and sentenced to jail for drug trafficking.
He drove the same car as a well known cocaine dealer and police finally admitted they had arrested the wrong man.
By awarding unprecedented damages for false imprisonment, the court attempted to compensate Daniele Barilla - a successful businessman who was only 30-years-old at the time of his arrest - for having spent over seven years in jail for an offence he did not commit.
From an American justice prospective... Which is scewed to the defendant the last decision is nuts. It was my understanding that the first appeal was granted and won on the basis of evidence regarding do a that was not allowed in to the first trial.
We, the CSI generation expect a neat package of truth or the video of the crime.. Hence we get Casey Anthony.
The parents want someone to blame... Shoot everyone does. It seems to me, standing in my California home, wondering about it, that the Italian courts are messy silliness. But I have no clue who is not a victim.
DH - and that's just my opinion
Anyway, I understand the sensitivity and I'm not here to make sweeping generalizations about the Italian legal system and about how flawed it is. I'm just interested in this specific case because I've never seen someone convicted, retried then found not guilty, then have that overturned and then found guilty again and now going through an appeals process.
Last edited by VIETgrlTerifa; 02-01-2014 at 06:03 PM.
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