Thursday, May 19, 2016

Amanda Knox

Amanda Marie Knox is an American woman who spent almost four years in an Italian prison following the 2007 murder of Meredith Kercher, one of the women who shared her apartment, before being definitively acquitted by the Supreme Court of Cassation. Knox, then a twenty-year-old student, had raised the alarm after returning from spending the night with her boyfriend, Raffaele Sollecito. Following an interrogation, the conduct of which is a matter of dispute, Knox implicated herself and an employer. Knox and Sollecito were initially accused of murdering Kercher while acting with the employer, but he was released and substituted for Rudy Guede after Guede's bloodstained fingerprints were found on Kercher's possessions. Pre-trial publicity in Italian media portrayed Knox in a negative light, leading to complaints that the prosecution was using character assassination tactics. A guilty verdict at Knox's initial trial and her 26-year sentence caused international controversy, as U.S. forensic experts thought evidence at the crime scene was incompatible with her involvement. A prolonged legal process, including a successful prosecution appeal against her acquittal at a second-level trial, continued after Knox was freed in 2011. On March 27, 2015, Italy's highest court—the Supreme Court of Cassation—definitively exonerated Knox and Sollecito. Knox's conviction for Calunnia against her employer was upheld by all courts. On January 14, 2016 Knox was acquitted of Calunnia for saying she had been struck by policewomen during the interrogation. Early life: Amanda Knox grew up in West Seattle with three younger sisters. Her mother, Edda Mellas, a mathematics teacher, and her father, Curt Knox, a vice president of finance at the local Macy's, divorced when Amanda was a few years old. Her stepfather, Chris Mellas, is an information-technology consultant. Knox first travelled to Italy at the age of 15, when she visited Rome, Pisa, the Amalfi Coast and the ruins of Pompeii on a family holiday. Her interest in the country was increased by the book Under the Tuscan Sun, which her mother gave her. She graduated in 2005 from the Seattle Preparatory School and studied linguistics at the University of Washington; making the university's dean's list, and working at part-time jobs to fund an academic year in Italy. Relatives described the 20-year-old Knox as outgoing, but unwary. Her stepfather had strong reservations about her going to Italy that year, as he felt she was still too naïve. Italy- Perugia background: Perugia, the city where the murder of Kercher took place, is known for its universities and large population of students. There had reportedly not been a killing in the city for twenty years, but its prosecutors had been responsible for Italy's most controversial murder cases. In 2002 the conviction in Perugia of former Prime Minister Giulio Andreotti for ordering the murder of a journalist (linked to a secret masonic lodge) resulted in complaints that the justice system had "gone mad". The Supreme Court took the unusual step of definitively acquitting him the next year. In early 2002, Perugia prosecutor Giuliano Mignini, who enjoyed taking a detective-like role and was later to be in charge of the Kercher investigation, arraigned members of a respectable masonic lodge for an alleged conspiracy reportedly involving serial killings and Satanic rites. Mignini investigated fellow prosecutors for complicity in the supposed plot, and appealed dismissals of the charges; there were no convictions the case, which finally ended in 2010. According to a scholar who researched comparative law in Italy, selective changes to the Italian legal system left it unable to cope when a prosecutor with Mignini's American-style adversarial approach used his powers to the fullest. Via della Pergola 7: In Perugia, Knox shared a four-bedroom ground-floor apartment in a house at Via della Pergola 7. Her flatmates were two Italian women in their late twenties, and Kercher. Kercher and Knox moved in on 10 and 20 September 2007, respectively, meeting each other for the first time. Knox was employed part-time at a bar, Le Chic, which was owned by a Congolese man, Diya Patrick Lumumba. She told flatmates that she was going to quit because he was not paying her; Lumumba denied this. Kercher's English women friends saw relatively little of Knox, as she preferred to mix with Italians. The walk-out semi-basement of the house was rented by young Italian men with whom both Kercher and Knox were friendly. One, Giacomo, spent time in the girls' flat due to a shared interest in music. Returning home at 2 am one night in mid-October, Knox, Kercher, Giacomo and another basement resident met Rudy Guede, later identified as the Perugia burglar who weeks previously had brandished a jackknife when confronted. Guede attached himself to the group and asked about Knox. He was invited into the basement by the Italians. Knox and then Kercher came down to join them. At 4:30 am Kercher left, saying she was going to bed, and Knox followed her out. Guede spent the rest of the night in the basement. Knox recalled a second night out with Kercher and Giacomo in which Guede joined them and was allowed into the basement. He was never invited into the women's apartment. Three weeks before her death Kercher went with Knox to the EuroChocolate festival. On October 20, Kercher became romantically involved with Giacomo, after going to a nightclub with him as part of a small group which included Knox. Guede visited the basement later that day. On 25 October, Kercher and Knox went to a concert where Knox met Raffaele Sollecito, a 23-year-old student. She began spending her time at his flat, a 5-minute walk from Via della Pergola 7. Discovery of body: November 1 was a public holiday and the Italians living in the house were away. Kercher was alone in the house when she returned at 9 PM that evening. Just after midday on November 2, Knox called Kercher’s English phone, which she kept in her jeans and could always be reached on, but the call was not answered. Knox then called Romanelli, one of the two Italian trainee lawyers she and Kercher shared the apartment with, and in a mixture of Italian and English said she was worried something had happened to Kercher, as on going to Via della Pergola 7 apartment earlier that morning she had noticed an open front door, bloodstains including a footprint in the bathroom, and Kercher’s bedroom door closed. Knox and Sollecito then went to Via della Pergola 7 and on getting no answer from Kercher unsuccessfully tried to break in the bedroom door, leaving it noticeably damaged. At 12.47 pm Knox called her mother and was told to contact the police as an emergency. Sollecito called the Carabinieri getting though at 12.51 PM. He was recorded telling them there had been a break-in with nothing taken, and the emergency was that Kercher’s door was locked, she was not answering calls to her phone and there were bloodstains. Police telecommunications investigators arrived to inquire about an abandoned phone, which was in fact Kercher’s Italian unit. Romanelli arrived and took over explaining the situation to the police who were informed about Kercher’s English phone, which had been handed in as a result of it ringing when Knox called it. On discovering Kercher’s English phone had been found dumped, Romanelli demanded that the policemen force Kercher’s bedroom door open, but they did not think the circumstances warranted damaging private property. The door was then kicked in by a strongly built friend of Romanelli’s, and Kercher's body was discovered on the floor. She had been stabbed and died from exsanguination due to neck wounds. Investigation: The first detectives on the scene were Monica Napoleoni and her superior Marco Chiacchiera. Napoleoni conducted the initial interviews and quizzed Knox about her failure to immediately raise the alarm, later to be widely seen as an anomalous feature of her behaviour. According to Knox, Romanelli was hostile to her from the outset. Chiacchiera discounted the signs of a break in as clearly faked by the killer. The police were not told the extent of Kercher's relationship with Giacomo in initial interviews. On 4 December, the same day Chiacchiera was quoted as saying that someone known to Kercher and let into the house by her might be responsible for her murder, Guede is believed to have left Perugia. Interviews, arrest and arraignment: Over the following days Knox was repeatedly interviewed as someone who might become a witness. She told police that on 1 November her evening waitressing shift at Patrick Lumumba's bar was cancelled by a text, and she had stayed over at Sollecito's apartment, only going back to the house she shared with Kercher on the morning of the day the body was discovered. She was not provided with legal counsel as Italian law only mandates the appointment of a lawyer for someone suspected of a crime. Still not officially under investigation, Knox was subject to a series of interviews, recorded neither in video nor audio form. On the night of 5 November she voluntarily went to the police station, although what followed is a matter of dispute. At her trial Knox testified that she had spent hours maintaining her original story, that she had been with Sollecito at his flat all night and had no knowledge of the murder, but a group of police would not believe her. Knox said "I wasn't just stressed and pressurised; I was manipulated"; she testified to being told by the interpreter, "probably I didn't remember well because I was traumatised. So I should try to remember something else." Knox stated, "they said they were convinced that I was protecting someone. They were saying 'Who is it? Who is it?' They were saying: 'Here's the message on your telephone, you wanted to meet up with him, you are a stupid liar." Knox also said that a policewoman "was saying 'Come on, come on, remember' and then – slap – she hit me. Then 'come on, come on' and – slap – another one". Knox said she had requested a lawyer but was told it would make things worse for her, and that she would go to jail for 30 years; she also said she was not allowed access to food, water, or the bathroom. Ficarra and policewoman Lorena Zugarini testified that during the interview Knox was given access to food, water, hot drinks and the lavatory. They further said Knox was asked about a lawyer but did not have one, was not hit at any time, and interviewed "firmly but politely". Under pressure, she falsely stated that she had been in the house when Kercher was killed, and that she thought the murderer was Lumumba (known to Knox to have been serving customers at his bar all that night). Knox, Sollecito, and Lumumba were taken into custody and charged with the murder. Her first meeting with her legal counsel was on 11 November. Chiacchiera, who had opposed the arrests as premature, dropped out of the investigation soon afterward, leaving Napoleoni as senior police investigator on a major investigation for the first time in her career. Customers who had been served by Lumumba at his bar on the night of the murder gave him a complete alibi. After bloodstained fingerprints of Rudy Guede, were found on bedding under Kercher's body, he was brought from Germany where he had fled. Guede, Knox, and Sollecito were then charged with committing the murder together. On 30 November 2007 a panel of three judges endorsed the charges, and ordered Knox and Sollecito held in detention pending a trial. In a formal interview with Mignini, Knox said she had been brainwashed by police interrogators into accusing Lumumba and implicating herself. Knox became the subject of unprecedented pre-trial media coverage drawing on unattributed leaks from the prosecution, including a best-selling Italian book whose author imagined or invented incidents which were purported to have occurred in Knox's private life. Italian legal procedure: In 1989, Italy reformed its inquisitorial system, introducing elements of U.S.-style adversarial procedure. The changes were intended to remove an inquisitorial continuity between the investigatory phase and the basis for a decision at trial, but in practice they took control of inquiries away from police and gave prosecutors authority over the preliminary investigation. Although they have considerable authority over early inquiries and discretion in bringing charges, Italian prosecutors do not customarily use their powers in the aggressive way common in the US system. Unless the defendant opts for a fast track trial (a relatively inquisitorial procedure) murder trials are heard by a Corte d'Assise, which is less likely to exclude evidence as prejudicial than a U.S. court. Two presiding professional trial judges, who also vote on the verdict, are expected to correct any bias of lay-judges during their deliberations. An acquittal can be appealed by the prosecution, and faulty application of legal principles in the judges' detailed report on their decision be can grounds be for overturning their verdict. A defendant who gives evidence is not given an oath, because they are not considered a witness. The settled verdict of another court can be used without collaboration to support circumstantial evidence; in Knox's case the official report on Guede's conviction was advanced as showing that Guede had accomplices. If the Supreme Court grants an appeal against a guilty verdict it usually sends the case back to be re-heard. It can also dismiss the prosecution case, although this is rare. Trial of Guede: In initial internet conversation while he was a fugitive wanted for the murder of Kercher, which Knox and Sollecito were being held for, Guede did not mention Knox or Sollecito as being in the house on the night of the murder. His account changed and he indirectly implicated them in the murder, which he denied involvement in. He opted to be tried in a special fast track procedure by judge Micheli. Guede was not charged with having had a knife. He did not testify and was not questioned about his statements. He was convicted of murder and the official judges’ report on the conviction specified that he had not acted alone, or stolen any of Kercher’s possessions. Micheli’s finding that Guede must have had an accomplice gave support to the later prosecution of Knox. The judges reasoned that Guede would not have faked the burglary, because it would have pointed to him in view of his own earlier break-ins (though at the time of the murder he was known to police only for being detained for trespassing in Florence). The judges also decided against the possibility of Guede having got in by simply knocking on the door, because they thought Kercher would not have opened the entry door to him (although she knew him to be an acquaintance of her boyfriend Giacomo). In his pre-trial declarations Guede said Kercher had let him in the cottage. Some later writers on the case have considered that Guede having killed Kercher after he called on some pretext and she answered the door to him while alone in the house was a more likely scenario than a burglary. First trial of Knox and Sollecito: In 2009 Knox and Sollecito pleaded not guilty at a Corte d'Assise on charges of murder, sexual assault, carrying a knife, simulating a burglary, theft of 300 euros, credit cards and mobile phones. There was no charge in relation to Kercher's missing keys to the entry door and her own bedroom door, although Guede's trial judgement said he had not stolen anything. Knox was charged with Calunnia, which in Italian law is to blame someone of a crime that the accused knows is innocent. Prosecution case: According to the prosecution, Knox’s first call of 2 November, to Kercher’s English phone, was to ascertain if Kercher's phones had been found, Sollecito had tried to break in the bedroom door because after he and Knox locked it behind them, they realized they had left something that might incriminate them. Knox’s call to her mother in Seattle, a quarter of an hour before the discovery of the body, was said by prosecutors to show Knox was acting as if something serious might have happened before the point in time when an innocent person would have such concern. A prosecution witness, homeless man Antonio Curatolo, said Knox and Sollecito were in a nearby square on the night of the murder. Prosecutors advanced a single piece of forensic evidence linking Sollecito to Kercher's bedroom, where the murder had taken place: fragments of his DNA on Kercher's bra clasp. Giulia Bongiorno, leading Sollecito's defence, questioned how Sollecito's DNA could have got on the small metal clasp of the bra, but not on the fabric of the bra back strap from which it was torn. "How can you touch the hook without touching the cloth?" Bongiorno asked The back strap of the bra had multiple traces of DNA belonging to Guede. According to the prosecution's reconstruction, Knox had attacked Kercher in her bedroom, repeatedly banged her head against a wall, forcefully held her face and tried to strangle her. Guede, Knox and Sollecito had removed Kercher's jeans, and held her on her hands and knees while Guede had sexually abused her. Knox had cut Kercher with a knife before inflicting the fatal stab wound; then faked a burglary. The judge pointedly questioned Knox about a number of details, especially concerning her phone calls to her mother and Romanelli. Defense case: The defense suggested that there had been a genuine break in by Guede, and pointed out that no shoe prints, clothing fibers, hairs, fingerprints, skin cells or DNA of Knox were found on Kercher's body, clothes, handbag or anywhere else in Kercher's bedroom. The prosecution alleged that all forensic traces in the room that would have incriminated Knox had been wiped away by her and Sollecito. Knox's lawyers said it would have been impossible to selectively remove her traces, and emphasized that Guede's shoe prints, fingerprints, and DNA were found in Kercher's bedroom. Guede's DNA was on the strap of her bra, which had been torn off, and his DNA was found on a vaginal swab taken from Kercher's body. Guede's bloody palm print was on a pillow that had been placed under Kercher's hips. Guede's DNA mixed with Kercher's was on the left sleeve of her bloody sweatshirt and in bloodstains inside her shoulder bag, from which 300 euros and credit cards had been stolen. Both sets of defence lawyers requested the judges to order independent reviews of evidence including DNA and the compatibility of the wounds with the alleged murder weapon; the request was denied. In final pleas to the court, Sollecito's lawyer described Knox as "a weak and fragile girl" who had been "duped by the police." Knox's lawyer pointed to text messages between Knox and Kercher as showing that they had been friends. Verdict and controversy: On 5 December 2009 Knox, by then 22, was convicted on charges of faking a break-in, slander (for a statement implicating Lumumba), sexual violence and murder, and sentenced to 26 years imprisonment. Sollecito was sentenced to 25 years. In Italy opinion was not generally favorable to Knox, and an Italian jurist remarked: "This is the simplest and fairest criminal trial one could possibly think of in terms of evidence." In the U.S., the verdict was widely viewed as a miscarriage of justice. American lawyers expressed concern about pre-trial publicity, and statements excluded from the murder case being allowed for a contemporaneous civil suit heard by the same jury. Knox's defense attorneys were seen as, by American standards, passive in the face of the prosecution's use of character assassination. Although acknowledging that Knox might have been a person of interest for American police in similar circumstances, journalist Nina Burleigh, who had spent months in Perugia during the trial while researching a book on the case, said that the conviction had not been based on solid proof and there had been resentment at the Knox family which amounted to "anti-Americanism". A number of U.S. experts spoke out against DNA evidence used by the prosecution. According to consultant Gregory Hampikian the Italian forensic police could not replicate the key result, claimed to have successfully identified DNA at levels below those an American laboratory would attempt to analyse, and never supplied validation of their methods. In September 2010, Knox was additionally indicted on charges of slandering the Italian police in relation to claims of mistreatment during her interrogation. In May 2011, Hampikian, director of the Idaho Innocence Project, a non-profit investigative organization dedicated to proving the innocence of wrongly convicted people, said forensic results from the crime scene pointed to Guede being the killer who had acted on his own.

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