Happy New Year!
by Lenroot
A number of you have kindly kindly expressed hope that I will keep writing about the Amanda Knox case in 2015. Let me assure one and all that despite my failure to post recently I am alive and well and following the case closely.
In fact, I have written (but not posted) another extended piece, an anatomy of the exceedingly odd and confused habits of mind that characterize judges in Italy. Exhibit A for the moment is the lamentable Nencini’s extraterrestrial masterpiece. More people should read it because in so doing they would recognize immediately that they have entered the realm of science fiction, not compelling legal prose. Nencini creates a wonderful imaginative world that is quite unlike the world in which we actually live, a world with its own logic and technology and its own laws of physics, chemistry, and biology. And when he is not indulging flights of fancy, he is just plain dishonest.
Now, Nencini is admittedly not the brightest frog in the swamp. His foolishness, however, raises issues that go well beyond him. For one thing the human damage is appalling. For another, the dream of establishing universal human rights—the dream that led to Nuremberg Principles and the creation of institutions like the European Court of Human Rights and the International Criminal Court—depends utterly on our ability to define and defend the elements of a fair trial, as well as the reasoning that leads to valid interpretation of evidence. It simply will not do for judicial jackasses like Nencini to caper madly about, wallowing in logical absurdities, presuming guilt, cherry picking evidence, and insisting on eccentric interpretations of technology and science that do not conform to any known standards.
All this I might have said and more….
But but as we enter 2015 it feels like someone has deliberately let the air out of the tires of case and I am increasingly sure that Amanda Knox will never spend another night in prison. (I am less certain about poor Raffaele Sollecito who had the misfortune to be born in a country whose courts lack moral and intellectual seriousness).
I have no inside knowledge and base my opinions solely upon what is on the public record and what I know about human nature and institutions. Amanda is by all accounts doing well. She graduated from the University of Washington and is earning a living as a writer. She is very much the law abiding, productive citizen she has always been. The idea of ripping this thoroughly decent young woman away from friends and family is grotesque and morally repellent, and any person with even minimal intelligence and decency knows this.
The critical things to understand is that the people who will be making decisions henceforth are of a much higher caliber than the deplorable types who created this mess. As filled with contempt as I am for the Italian courts, the same is not true of my feelings for the Italian people. I am convinced that serious people in and out of the Italian government—as distinguished from the pagliacci who hold sway in the courts at the moment— know perfectly well that Knox is innocent and are working quietly to set things right. These serious people also know that Italian courts are an international embarrassment and a major drag on the Italian economy.
I am also quite certain that serious people in our own State Department and Department of Justice have reviewed the case and know full well that the latest trial was a face-saving joke and the conviction based on wild flights of fancy and zero evidence. Since one of the most solemn obligations of a government is to protect its citizens, I imagine the U.S. has quietly conveyed its concerns quite pointedly to the government of Italy.
The Italian courts are so reckless, so out of control, and so driven by agendas that have nothing to do with justice, that it is impossible to predict what they will do. This said, I believe there is a significant chance that Nencini will be reversed for selfish, internal reasons. It is simply not in Italy’s interest to see such travesty escape into international venues with real judges—far better to bury it in-house.
If Cassation is reckless enough to affirm Nencini, then an appeal to the ECHR is certain and I am reliably informed that no extradition request would take place before the hearings in Strasbourg play out. Since the defects in the Knox trials are precisely those that the ECHR has sanctioned Italy for repeatedly over the years, I imagine Amanda will get a very attentive hearing indeed.
Only in the unlikely event that the ECHR aligns itself with the forces of injustice would the question of extradition even come up. Italy would have to make a request and our government would have to accept it. The former is far from certain, but a preemptive rejection by the State Department is likely on the grounds that Italy is treaty bound to conduct fair trials of American citizens not crude parodies thereof.
I won’t speculate about what might happen if an extradition case gets into the American courts because I am convinced that it will never get that far. Amanda’s defenses are powerful and the government, fearful of bad publicity and a damaging precedent, will not risk trial.
I am not sure how the end game will play out. But I am as certain as I can be under the circumstances that things have changed and that serious efforts to put Amanda back in prison are essentially over.
So for now I am going to cool it and see what happens. I’ll definitely post from time to time, but probably shorter, more topical pieces. Please don’t mistake my diminished output for lack of interest or commitment. I will do whatever I can do to protest this travesty of justice and expose the corruption and lack of decency and intelligence that led to it.
~Lenroot
Lenroot, simply brilliant – as always! Your thoughts have been exactly mine for the past few months. One of the most promising signs was Rudy Guede’s recent conviction for the burglary of the Milan day care center and the denial of his early release. By finally convicting Guede of one of the many burglaries he’s committed, I see that as the Italians focusing their attention on him as the criminal in this case, not Knox and Sollecito; at least, we can only hope. Moreover, one has to believe that there are smarter people in the Italian Judiciary than Nencini and those at the Court of Cassation who directed his abortion of a decision. You are one smart and very articulate person Lenroot, easily the most insightful person writing on this case. Thanks, John Lumetta
Thanks for the kind comments John. I agree completely about Guede. The effort to frame Knox and Sollecito was linked to an almost equally powerful effort to deflect attention from Guede and minimize the powerful indications that he alone is the murderer of Meredith Kercher. What we don’t know is why.
~Lenroot
Thank you for your post. We are all waiting with bated breath to see what happens. I do have to say though, that I think it is better to focus on the fact that all courts, in all countries in the world have judicial processes that are farcical, dangerous and completely against the basic tenets of the judicial system. I think that rather than speaking just about the Italian courts, one must recognize that without fail, abuse of power occurs in every country.
In the United States just look at the results coming out of the Innocence Project to quickly see that it is very easy for court of law and policing to be broken down and abused by over-zealous prosecutors and corrupt cops.
I think your position would be more powerful by recognizing the overwhelming human tragedy which comes from the above fact, and to stand up against all abuse of power by the police and in the courts where fantasy overtakes facts, hyperbole overtakes reason, and where checks and balances fail to protect citizens.
This terrible trial has occurred in Italy, but not all trials in Italy are corrupt. In the USA we execute innocent people who have been quietly railroaded by the system in very similar ways.
It is a human tragedy beyond belief and we must all stand up to help fix it.
Thanks Sienna. I agree with a lot of what you say. I contribute to the Innocence Project and am well aware of the registry of exonerations. Horrific things have happened here, completely disgraceful things. There are also things that I admire about the Italian system with the absence of a death penalty, a powerful right of appeal, and a general lack of bloodthirstiness being chief among them.
This said, if we focus too much on the idea that this “could happen anywhere” we risk losing sight of the unique aspects of this case, in particular, the lengths to which powerful institution in Italy will go to resist being forced to admit that it made grievous errors. The combination of sustained buffoonery and malice that the Italian courts have exhibited here is quite unprecedented–at least in my experience. If Amanda Knox can be be convicted in the absence of evidence and without any of the protections of a fair trial, then anyone can be convicted of anything anywhere.
What happened is that corrupt and incompetent local officials in Perugia were able, with the help of an equally lazy, venal, and corrupt press (especially in the UK) were able to exploit various weaknesses in Italian justice system to create a massive injustice.
~Lenroot
Good to hear from you Lenroot. Once again, you have an elegant way of expressing the same thoughts that just bounce around aimlessly in my head. I wish to travel in Italy very soon, but cannot while this atrocity continues to play out there, out of respect for Amanda and Raffaele as well as for my own safety. Italy really needs to show the world that they are deserving of the respect we want to show them.
Thanks Rick. I agree completely. I have refused to travel to Italy while this travesty is going on. I know full well that this is silly in some respects, but the plain fact is that I could not enjoy myself in Italy right now and will spend my travel dollars elsewhere.
~Lenroot
Happy New Year Lenroot. I am looking forward to any writings to come. These Judges seem to exist in a fantasy soap opera environment of the most unusual kind. The most preposterous component of this case for myself was always Mignini’s very late TOD and the absolutely unbelievable Super witnesses and illogical behaviours that have you shaking your head in disbelief and the utter and disturbing realization that there are possibly intelligent people who accept this garbled nonsense as a truth. Now that is a scary thought indeed.
Exactly. They seem to believe that high decibel lies and misrepresentations endlessly repeated are the same thing as real evidence. They are not.
~Lenroot
Lenroot, would you sign our petition? http://tinyurl.com/qdl5hyj
Petitioning Ministero della Giustizia of Italy, UK Foreign & Commonwealth Office, and the US Department of State
Please investigate the activities of local law enforcement authorities and consular staff in the aftermath of the death of Meredith Kercher in Perugia, Italy on November 1, 2007. There were multiple violations of national and international laws.
Excellent idea. I will look into it. But then you would know who Lenroot is wouldn’t you?) 🙂
It is no wonder people want you to write more on Amanda Knox and Raffaele Sollecito. Your articles are a beacon of light shing into the darkness. I am also asking anyone who sees this to please sign the petition to end this madness and investigate the persecution of Amanda and Raffaele. http://tinyurl.com/qdl5hyj
Lenroot, It would be just great if this were translated into Italian! Most Italians would love it!
That would be great with me Hilda. There are strong supporters of innocence in Italy and I admire them. It takes courage. I can read Italian a bit and do my own Italian to English translations some times. But I am not sure I could go the other way.
~Lenroot
Here’s Lenroot Mays’ “Happy New Year!” web post google-translated into Italian (imperfect, but still…) goo.gl/LJUy5o Comments, too!
Ecco “Happy New Year!” web post di Lenroot Mays google-tradotto da Inglese a Italiano (imperfetto, ma comunque …)
Thanks Susan. Will have a look.
~LM
Well said
I look forward to reading more posts from you. Now that over half a decade has passed since Meredith’s murder I feel there is a very important point to make about this case which I touched upon on my strong case thread on IIP.
Books and documentaries on this case are often filled with falsehoods. The below are examples :-
John Kercher’s book Meredith. This was discussed on IIP http://injusticeanywhereforum.com/viewtopic.php?t=1870&p=46973.
The documentary by Andrea Vogt Is Amanda Knox guilty. This is a rebuttal on youtube https://www.youtube.com/watch?v=KVBRHbOBXDw
The website themurderofmeredithkercher contained numerous falsehoods which are listed in two parts http://murderofmeredithkercher.com/guilter-wiki-myths-lies-distortions/ http://murderofmeredithkercher.com/guilter-wiki-lies-myths-contd/
The lies which have appeared in the media and books on the case are detailed here
http://murderofmeredithkercher.com/meredith-kercher-media-lies/
These are the examples of lies which have appeared in the comments sections of articles about the case and Amazon reviews :-
Heiress Amazon review WTBH – “For starters was found cleaning the place with bleach when the police arrived”. Truth: Amanda was not caught cleaning when the police arrived.
Bejamin Fletcher “BRFC are back” Amazon review WTBH – “They’ve found Meredith’s blood on a knife in his apartment”. Truth: There was no blood on Meredith’s knife.
Christina comments page 7 Amazon review WTBH – “whose is the female fooprint who applied female sized bruises on MK’s neck in strangulation” Truth: There were no female footprints in Meredith’s room or female thumbprints on Meredith’s neck.
JF Rodrigue Amazon review WTBH – ” She was doing cartwheels in the police station.” Truth: It has been proved Amanda did not do cartwheels.
Wendy Murphy in her blog – “pro Amanda forces forget to note the knife was found hidden in a shoebox far back inside a coset at Sollecitito’s apartment and that the knife had been scrubbed with bleach.” Truth:The knife was found in Raffaele’s kitchen drawer and the knife had not been cleaned with bleach.
The haters/trolls do not just lie about the evidence but also lie about things which happened outside the murder such as Raffaele stabbing a girl in school, Amanda’s rape prank and recently Machiavelli on the ISF (previously jref) lied about Amanda having sexual relations with drug dealers.
If there was clear and overwhelming evidence for the guilt of Amanda and Raffaele, why is that in the seven years since Meredith’s murder, people have consistently been unable to argue the case for guilt without resorting to lying? Why would people have who supposedly have a mountain of solid evidence at their disposal have to resort to making things up to argue their case?
Thanks North.
Good sources all, and a fine antidote to the poisonous lies being spread about the internet. The sources you offer are a terrific resource for the general public. But I do take heart from my belief that the serious people who will be looking at the case in the future won’t be fooled by trash. They can read the various reports (Massei, Chieffi, Nencini, etc.) and readily see that they are clownish. They will know that the forensics in the case (to use one example) were not done to any known standard. And they will know that every single requirement for a fair trial has been violated numerous times.
~Lenroot
A very fine dessert after several fine courses. Looking forward to more delicacies after that: I appreciate your sharp analysis of the case.
This request might not be the best response to your fine article:
Please consider signing the petition for Amanda and Raffaele.
https://www.change.org/p/ministero-della-giustizia-of-italy-uk-foreign-commonwealth-office-and-the-us-department-of-state-please-investigate-the-activities-of-local-law-enforcement-authorities-and-consular-staff-in-the-aftermath-of-the-death-of-meredith-kercher-in-perugia-it?recruiter=2319135&utm_source=share_petition&utm_medium=facebook&utm_campaign=autopublish&utm_term=des-lg-share_petition-no_msg
There is a comments section: Your comment would certainly be appreciated.
Thanks for cutting to the chase again Lenroot. The campaign to sustain this injustice continues. I believe it is orchestrated from Italy. I hope you are right and the State Department has been active behind the scenes. I have no doubt that justice will prevail eventually but I would hate for it to take as long as it has for Lindy Chamberlain.
Thank you Nigel. I am an admirer of your own work.
~Lenroot
Very well put, Lenny. This whole case against Knox & Sollecito has been a travesty from the start. It all started with one of the cops claiming the break-in was staged (in spite of evidence to the contrary), followed by a crazy man’s fantasies about Masonic sacrificial rites and drug-fueled sex orgies. Since then it has all been one made-up theory after another, with the judges finding it more convenient to sweep these clowns under the rug than hold them accountable for their joke of an investigation.
Thanks Piggy 🙂 Yes, incompetence and corruption in Perugia were the start of it. But the system has to be held accountable too. Mignini should have been relieved of his duties a long time ago. Instead, he continued to flourish and harm innocent people. He has been kicked upstairs now though, or so it would appear.
~Lenroot
Nice to hear from you again, Lenroot! I was wondering when you’d write again.
I agree with you that Italy will probably try to find a way to bury this in Italy. If it ever came to an extradition request, then Amanda would have the right to appeal. In the appeal the shocking truth would be brought to light – detention for a year without charge, illegal interrogation, judges refusing almost all defence motions and granting whatever the prosecution wanted, the fake-HIV thing and similar incidents, lack of jury sequestration, Dr Stefanoni’s perjury, refusing to let anyone cross-examine Guede, judges ignoring evidence favourable to the defence and positing the scientifically-impossible, pushing the time of death forward against scientific evidence, revisiting the murder scene *six weeks* later, using a confused and drug-addicted serial witness, etc.
This would all take place with formidable experts standing up for Amanda in court – Gill, Heavey, Hendry, Moore, amongst others. Also taken into consideration would be double-jeopardy. The guilters are saying that double-jeopardy doesn’t apply because the ISC considers the three trials part of the same trial, not separate ones. But if that’s the case, why were Amanda and Raffaele released at all? And just because the Italians consider the three trials the same trial doesn’t mean it would be interpreted that way under American law.
With all this, I can’t see how the US could justify granting an extradition request. The ISC must surely know this, and wouldn’t want the case properly examined in a televised hearing in a US court, as that would be a national embarrassment. One Italian commentator said that a way out for the ISC would be to acquit for the murder but convict for something else, as a face-saving compromise.
Thanks gonzenheim. We are in accord. A double jeopardy claim may not be Amanda’s strongest argument but it still could well be viable. Superficially, the precedents do not look too favorable, but they are not binding on the Seattle court in which extradition hearings would be heard. The Cassation report, which argues the evidence as opposed to the law, and which directs a guilty finding, puts double jeopardy back into play. And you are right, it is the U.S. view of double jeopardy–not the Italian one–that will prevail. There is no doubt that the Italian system allows in principle the kinds of endless prosecutions that the double jeopardy protection is designed to protect against.
~Lenroot