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  1. #61
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    Quote Originally Posted by otto View Post
    Thanks for finding that. I understand that the point they want to make is that the Italian judicial system permits the prosecutor to appeal an acquittal, and since that constitutes double jeopardy in the US, any decision after that acquittal should be considered: "a classic case of wrongful conviction".

    Essentially, they are taking the position that if a country permits the prosecution to appeal a decision, that country is practicing "wrongful conviction". It sounds like a very thin argument. As I've mentioned before, by this definition, Canada and Italy fall into the category of practicing "wrongful conviction" on a daily basis. Basically, they seem to be saying that if Knox's conviction is upheld, she should not be extradited because, regardless of the evidence, if she were being prosecuted in the US, the case would have been over after the acquittal. Reading between the lines, what I see is an attempt to get out from under a conviction on the basis of a legal technicality, one that doesn't even exist in the country where the murder occurred. The whole argument seems to be based on the concept that US law should apply internationally.
    Your last sentence is beautifully apt; Sadly, this indeed is the general feeling in the US, that our laws and ways are the only correct ones. In your opinion, will the above strategy attain their aim regarding the treaty with Italy?

  2. #62
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    Quote Originally Posted by SMK View Post
    Your last sentence is beautifully apt; Sadly, this indeed is the general feeling in the US, that our laws and ways are the only correct ones. In your opinion, will the above strategy attain their aim regarding the treaty with Italy?
    Speaking as an American, I'm embarrassed.


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  3. #63
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    Quote Originally Posted by Linda7NJ View Post
    Speaking as an American, I'm embarrassed.


    Sent from my iPhone using Tapatalk - now Free
    Me, too

  4. #64
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    Quote Originally Posted by SMK View Post
    Your last sentence is beautifully apt; Sadly, this indeed is the general feeling in the US, that our laws and ways are the only correct ones. In your opinion, will the above strategy attain their aim regarding the treaty with Italy?
    Hard to say what will happen. Knox may well find a way to remain in the US and avoid extradition, however what happens when she leaves US soil?

  5. #65
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    Quote Originally Posted by otto View Post
    Hard to say what will happen. Knox may well find a way to remain in the US and avoid extradition, however what happens when she leaves US soil?
    Well, she wouldn't ever leave US soil, (seeing as InterPol would speedily arrest her) and in fact many Americans never venture out of this huge country.

    It would be no hardship, as she could trek from Los Angeles to New York to Boston to Atlanta, and travel widely without ever setting foot in Europe again.

    But some questions: Any you can answer would be appreciated:

    1. Is the double jeopardy argument actually valid?
    2. Will the Italians take kindly to having the treaty broken?
    3. Would they be satisfied with a verdict merely for the record?
    4. How would the Kerchers feel?
    5. How does anyone know Congress cares about the Knox case? (The State Department refused to get involved in 2010)
    6. The briefing has a panel of 4 persons. That is a paltry sum compared to briefings for other issues. How do we know the issue will generate interest?
    7. What of Sherlock's idea of Knox being arrested and jailed immediately in Seattle upon the verdict (assuming it is "guilty") and being extradited despite the howls of protest?

    ETA: As when the State Dept. refused to get involved, criminal trials are not political and carry no human rights violations issues. Its not as though Knox was arrested for political reasons. These were my thoughts when Secretary of State Clinton refused to become involved, and basically said she trusted Italian justice with the issue; now I see others are having the same thoughts.
    Last edited by SMK; 10-23-2013 at 03:28 PM.

  6. #66
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    SMK
    I think a lot of your questions can't be answered atm. I don't think the double jeopardy standard is valid at all. I think a lot can be said about Raffaele staying far away from Italy during this process. To me it says he's not feeling very confidant in an acquittal.
    We will just have to wait and see what this "briefing" really is.

  7. #67
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    Quote Originally Posted by Amber29 View Post
    SMK
    I think a lot of your questions can't be answered atm. I don't think the double jeopardy standard is valid at all. I think a lot can be said about Raffaele staying far away from Italy during this process. To me it says he's not feeling very confidant in an acquittal.
    We will just have to wait and see what this "briefing" really is.
    Yes, you're right, many cannot be answered at present. My feeling, though, is that Congress is not going to take much of an interest in the Knox case, as it is criminal and not political.

  8. #68
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    Actually, it was in 2009, after the guilty on all counts verdict in Perugia, that then-Secretary of State Clinton more or less dodged involvement in the issue:

    Meredith Kercher trial: Hillary Clinton to meet senator campaigning for Amanda Knox
    Hillary Clinton has said that she will meet a US senator to discuss claims that Amanda Knox was the victim of a flawed trial and anti-Americanism.
    By Tom Leonard in New York 7:05PM GMT 06 Dec 2009

    The conviction of the 22-year-old Seattle student for murdering her British flatmate Meredith Kercher has opened the floodgates to a wave of antipathy in America towards the Italian justice system.

    As angry Americans promised to boycott Italian holidays, wine and food, a vociferous support group calling itself Friends of Amanda Knox urged people to email Barack Obama to ask him to support her appeal.

    Maria Cantwell, a US Democrat senator for Washington state has said she plans to bring her own concerns about the trial, including possible anti-Americanism, to the Mrs Clinton's attention.

    Mrs Clinton, the Secretary of State, said on Sunday that she had not yet looked into the case as she had been preoccupied with Afghanistan policy.
    She told ABC News: "Of course I'll meet with Senator Cantwell or anyone who has a concern, but I can't offer any opinion about that at this time."
    http://www.telegraph.co.uk/news/worl...anda-Knox.html

    And of course we know Clinton was never heard from again on the issue, and it was Hellman who made an end of the conviction ruling, temporarily.

  9. #69
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    I think the U.S. should continue to stay out of it....how would we feel if we had, say, and Italian student here who was suspected of committing a murder, he went to trial, the jury convicts him, he puts in an appeal, etc. etc.. In the meantime, he goes back to Italy. The process here is not finished, so the process continues and a judge rules that the original conviction must be held. Would we want Italy butt-ing in and saying no, no, no, he's over here now....you can't have him back, even though you have gone through the entire process according to your country's laws, and even though the final decision is that he be convicted and imprisoned. And even though we have a treaty with you that says we respect and recognize your judicial process. But oh no....he's staying here, doesn't matter that he murdered someone in your country......
    Now my philosophy is that it's never okay to kill someone. -- Convicted Murderer Jodi Arias

  10. #70
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    Quote Originally Posted by aa9511 View Post
    I believe all of those articles are talking about the re-testing done on DNA on the blade of the handle. They are saying that the DNA in that part at the crook of the blade and the handle was found to be Amanda's. But they didn't re-test the one on the tip of the handle, which was Meredith's. And I belive that Conti and Vecchioti didn't re-test that DNA because they said it's Low number and thus the results wouldn't be accurate. ...........I think, others on here will know more about this.

    So these articles are completely ignoring the "tip of the knife" DNA issue. They are only talking about this latest test, which was only on the DNA at the crook of the blade/handle.
    Ahh okay you are probably right, aa. I think you know a lot more about this than I do, but thanks for your kindness! Honestly, this case has so much information and misinformation out there I never really know what to believe I read something one day and I think "maybe she is guilty" and then I read something the next day and think "okay, she's innocent."
    Rescuing one animal may not change the world, but for that one animal their world is changed forever! -Unknown


  11. #71
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    Quote Originally Posted by Snoods View Post
    Ahh okay you are probably right, aa. I think you know a lot more about this than I do, but thanks for your kindness! Honestly, this case has so much information and misinformation out there I never really know what to believe I read something one day and I think "maybe she is guilty" and then I read something the next day and think "okay, she's innocent."
    I have gone through similar, and hope that the court comes out with a very clear, concise and strong ruling on the matter.

  12. #72
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    A great source is themurderofmeredithkercher.com
    The section called "myths debunked" is great. Pretty much every argument I've heard for her innocence over the years is there. I've been arguing those points forever with people who are misinformed due to the American media spin on this case.

  13. #73
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    Quote Originally Posted by Snoods View Post
    Ahh okay you are probably right, aa. I think you know a lot more about this than I do, but thanks for your kindness! Honestly, this case has so much information and misinformation out there I never really know what to believe I read something one day and I think "maybe she is guilty" and then I read something the next day and think "okay, she's innocent."
    bbm

    LOL! Ain't that the truth! It's because, unless it's inside the court, both sides can pretty much say whatever they want and twist any piece of evidence to suit their own needs.

    I probably know less about this case than most on here, Snoods...mostly it's you all that have taught me about this case!
    Now my philosophy is that it's never okay to kill someone. -- Convicted Murderer Jodi Arias

  14. #74
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    Quote Originally Posted by Amber29 View Post
    A great source is themurderofmeredithkercher.com
    The section called "myths debunked" is great. Pretty much every argument I've heard for her innocence over the years is there. I've been arguing those points forever with people who are misinformed due to the American media spin on this case.
    that site contains errors.

    http://www.injusticeinperugia.org/myths.html

    http://www.injusticeinperugia.org/Prosecutionscase.html
    Last edited by redheadedgal; 10-24-2013 at 05:26 PM. Reason: add link
    *** THIS POST IS JMO (unless a link is provided) AND IS ONLY FOR USE ON WEBSLEUTHS -- PLEASE DO NOT LINK OR COPY IT ELSEWHERE ***

  15. #75
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    taking TJfMK for a test spin

    Quote Originally Posted by Amber29 View Post
    A great source is themurderofmeredithkercher.com
    The section called "myths debunked" is great. Pretty much every argument I've heard for her innocence over the years is there. I've been arguing those points forever with people who are misinformed due to the American media spin on this case.
    Let's take this site out for a test spin.
    1. Myths debunked
    TMoMK says (Myth 4) that it is a myth that AK quickly withdrew her statement. Quoting her handwritten note of 6 November, " "I stand by my statements that I made last night about events that could have taken place in my home with Patrik..." they leave out the rest of the sentence. "...but I want to make very clear that these events seem more unreal to me that what I said before, that I stayed at Raffaele's house." In addition they fail to mention her second handwritten note of 7 November, the key portion of which is a complete retraction of her accusation. PM Mignini quoted the key portion of it in his cross of AK, so there should not be any doubt of what she said.

    2. Sollecito's supposed replica combat knife
    This issue is important to Old Steve, IIUC. TJfMK wrote, <modsnip> The source for this claim is an anonymous commenter. The Daily Telegraph reported underneath a photo, "Amanda Knox is shown a knife which the prosecution used to help illustrate the murder of Meredith Kercher" Go to this link, and scroll to picture 7. To the best of my knowledge, a total of three knifes belonging to RS were confiscated. One kitchen knife and two folding knives. Thus TMoMK is advancing a plain falsehood.

    3. Lividity
    <modsnip> On page 121 of the translated Massei report Professor Bacci (a prosecution witness) "dismissed" a mark on Meredith as being livor mortis (it was a bruise).

    These are not the only misleading or untrue statements at TMoMK. After taking a test drive, I won't be buying.
    Last edited by Harmony 2; 10-25-2013 at 12:17 AM. Reason: please do not quote directly from blog sites- you may paraphrase

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