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Monday, October 3, 2011

Foxy Knoxy the Femme Fatale?


For the past four years, the Italian media have been riveted by the story of Amanda Knox.   If you don't know who she is by now, she is an American student who was studying abroad in Perugia, Italy, and was accused of the murder of her British roommate Meredith Kercher back in 2007.

It was also just announced that the verdict in her appeal has come in and will be read at 3:30 p.m. ET today.  While the Italian media have been all over this case like white on rice, the American media have been more restrained in their coverage of this story and I'm not sure why. 

Here we have an American student in a foreign country accused and subsequently convicted of murder who gets her appeal decision today.  Yet our media, while covering the story slightly more now that the appeal-reading nears, seems to treat her as an afterthought.  Yes, there are articles written about her every so often, but they merely remind an American populace who has forgotten her that "Oh yeah, that poor girl in Italy.  Glad that's not me."

I'm just surprised there is not more outrage in the U.S. If Amanda Knox were an American on trial in China or North Korea on charges of espionage, certainly someone from the Obama administration would have stepped in to negotiate for some sort of deal, even if that did not mean full release but a tempered jail sentence.   I have yet to hear anyone of any political clout comment on the trial, save for Maria Cantwell, Senator from Knox's home state of Washington. 

Below, the other players, from left to right: Briton Meredith Kercher, convicted killer/accomplice Rudy Guede [an Ivorian national], Rafaelle Sollecito [also convicted and in jail awaiting appeal; former boyfriend of Amanda Knox], and last but not least Foxy Knoxy as she has been dubbed by the Italian media.
The story itself, although gruesome, is fascinating because it appears that what actually happened to Mererdith Kercher (if I hear the phrase "killed during a sex game gone awry" one more time I've had it) remains unknown.   This case has everything from alleged bungled police investigation, alleged police brutality, and a media whose newspapers are allowed to portray whatever headlines they want with little regard to facts.

It appears that the judges in the case accepted the prosecution's version of events because they fit their views of what happened.  Certainly if nothing else a spotlight has been cast on the Italian justice system and its criminal investigative unit.

Regarding the criminal investigation: it seems clear that there was contaminated DNA evidence from the start and that there was a 47 DAY DELAY in obtaining DNA samples.  Furthermore, defense expert witnesses have argued that the analysis of the DNA evidence did not match internationally recognized standards and that there was not even enough DNA from Knox on the knife (the crux of the prosecution's case) to be correctly tested. 

All of this evidence was laid out by the defense before Judge Giancarlo Massei, Deputy Judge Beatrice Cristiani and six other judges at the Corte D'Assise of Perugia.  These arguments were rejected and Knox was convicted. 

And now, a little did you know... with regard to the Italian legal system (thanks, Wikipedia). The defense has limited access to prosecution documents during the discovery period.

-The jury is not sequestered.

-The "burden of proof" lies with the defense.

-Only witnesses must be under oath.

-There is no lay jury but rather "professional jurors" like in much of Europe.

-A simple majority of jurors is all that is needed to convict.

-The prosecution is allowed to use character defamation in court to try to make its case (Knox has been called "she-devil," "slut," and as recently as yesterday, "Jessica Rabbit" as the prosecution tries to paint her as a drunk, oversexed femme fatale). 

-An admitted, homeless heroin addict who helped link Knox to the crime has been a star witness in other trials in Italy.

-The prosecution used an animated cartoon depiction of events to show what they think happened in closing arguments.    

As much outrage as there was about Casey Anthony or OJ Simpson, they got a trial by jury of their peers, regardless of what anyone thinks about the result.  Sure, some will argue that the jury got it wrong in both of these cases.  Juries have made other mistakes in the past.  But in America, this is more the exception than the rule.

Apparently there exists no concept of reasonable doubt in Italy, and jurors there can read the tabloids to their heart's content during the trial phase. 

Is this a trial, or a TV show with different guest stars?   Here's hoping the appellate court gets it right this afternoon.

UPDATE: HER IMMEDIATE RELEASE WAS ORDERED PER A NOT GUILTY VERDICT...FOUND GUILTY ONLY OF SLANDER BUT GETS TIME SERVED.



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