Meredith Kercher Murder: The Nencini Verdict and it's impact on the future

Discussion in 'Amanda Knox' started by SMK, Feb 7, 2014.

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  1. SMK

    SMK New Member

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    The Nencini Verdict and it's impact on the future : A thread to discuss how the court ruled, why, and what will be next....
     


  2. Harmony 2

    Harmony 2 Administrator Staff Member Administrator Moderator

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    Discuss possible defense appeals and the likely outcome of the Supreme Court of Cassation...
     
  3. SMK

    SMK New Member

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    Thank you ! :)
     
  4. SMK

    SMK New Member

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    I am wondering if Sollecito and Knox will have separate appeals now.......and if the Court of Cassation is likely to grant them, or to uphold the Nencini Court?
     
  5. sherlockh

    sherlockh Active Member

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    AFAIK there is nothing to separate anymore. The final appeal is merely one on procedures and application of Italian law. It is just a written appeal and takes one day till they reach a conclusion. The future for who? Knox and Sollecito will spend about the next 10-12 years in jail. The Italian system is very lenient.
     
  6. SMK

    SMK New Member

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    It is indeed lenient when compared to the US system, which has become downright Draconian.

    So any appeal on the part of the defense is simply perfunctory, and it is likely, in your opinion, that Cassation will simply uphold Nencini. So my thread is talking about air? :eek: horrors :blushing:
     
  7. Harmony 2

    Harmony 2 Administrator Staff Member Administrator Moderator

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    http://www.unidroit.info/mm/TheItalianJudicialSystem.pdf

    The Italian criminal trial

    http://www.canestrinilex.com/resources/trial/
     
  8. SMK

    SMK New Member

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    Thanks for this - So we are now at this part:


    You challenge the decision of the Court of Appeals by petitioning the Court of Cassation [the Highest Court].

    The Court of Cassation pronounces the judgment by which it states that either the petition is not admissible or rejects it, or even quashes the sentence without sending it back, or finally, it may quash the sentence and send it to the trial judge.

    Once all the stages of judgment are over, the sentence is final. If there is a conviction with a sentence, the sentence becomes enforceable at this point.
     
  9. SMK

    SMK New Member

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    Also, I felt that Sollecito's lawyers as well as his own statements regarding Nencini's impropriety (the remarks about the defendant not testifying) were most definitely pointing at a separate appeal for him.
     
  10. Harmony 2

    Harmony 2 Administrator Staff Member Administrator Moderator

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  11. Harmony 2

    Harmony 2 Administrator Staff Member Administrator Moderator

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    I think so... I also read this next step can take up to a year to complete.
     
  12. aa9511

    aa9511 New Member

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    :floorlaugh:
     
  13. aa9511

    aa9511 New Member

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    So:

    1. Original trial - Conviction
    2 Appeal conviction (Defense) - Conviction Overturned
    3. #2 Annulled
    4. Appeal conviction (Defense - back to #2) - Conviction upheld
    5. Appeal to Court of Cassation (Defense)
    6. To be determined.

    Does that sound right?

    So basically the Court of Cassation is going to look at #4 and see if it meets standards, etc.. So if it is approved, then is it over? Or does it go to somewhere else?
     
  14. aa9511

    aa9511 New Member

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    I don't think he can do a separate appeal, b/c the appeal is just appeal of the original. And since the original was joint, then IMO the appeal has to be joint as well.

    I don't think he can separate now b/c separation would require him to set his own defense, and that would be like starting a whole new trial.

    So unless Court of Cassation finds something in appeal which would allow him to have a whole new trial, I don't hink he can do that. IMO.
     
  15. sherlockh

    sherlockh Active Member

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    If it is approved then that is it. Prosecution were also part of number 2 (increase in sentencing). Number 3 was an Appeal to Court of Cassation (Prosecution and Defense). The result was that the acquittal was annulled, and the defense lost the Callunia appeal. Theoretically the prosecution could appeal the sentence again, but I don't think they will.
     
  16. Tiger09

    Tiger09 Active Member

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    I won't lie- Italian law confuses me. I'm reading Death in Italy now. It came in first. I'm thinking so far that if RS is smart, he will appeal separately from AK and distance himself completely.
     
  17. SMK

    SMK New Member

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    He seemed to be heading that way at this last interview. His attorneys have called to "reopen all" but of course we've no idea if that will actually be granted for him.
     
  18. SMK

    SMK New Member

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    So after Nencini's motivation reports come out (by early May?) then the SCC will receive the appeals from the defense, and decide whether or not to grant them, or to uphold Nencini.

    If they do the latter, then it is final, and I guess that would be when all the extradition issues become actual. I guess we're looking at a year or possibly slightly less.
     
  19. BetteDavisEyes

    BetteDavisEyes All the boys think she's a spy...

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    Today on LMN:

    12:00PM (EST) Amanda Knox: Murder on Trial in Italy

    “Amanda Knox: Murder on Trial in Italy” poses the question of whether Knox (Hayden Panettiere), the Seattle honors student accused of murdering her college roommate Meredith Kercher (Amanda Fernando Stevens) in 2007 with her boyfriend Raffaele Sollecito (Paolo Romio) and acquaintance Rudy Guede (Djibril Kébé), actually committed the crime or was herself a victim. Referred to as “Foxy Knoxy” by her Italian prosecutor...
     
  20. otto

    otto Verified Expert

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    In terms of defense appeals, other than the comments from Nencini, on what basis do the defendants have justification for an appeal? We still don't know why Bongiorno requested that a photo of Sollecito's hands be admitted into evidence. The request was made at the beginning of the appeal, but nothing was said about it (at least nothing that was reported in the news). I'm curious whether an appeal could be made referencing that photo. For example, there was speculation that the defense would argue that his fingernails were too short to deposit DNA. I don't believe that, but is there something I'm missing? Was the request for the photo a random request?

    Sollecito has been saying that he should not be convicted because someone else is "peculiar". Could that be an appeal point? Bongiorno has already described Knox as Amelie, and she made a reference to Roger Rabbit. Is she going to argue that Knox is so odd that she was misinterpreted as a murderer and that Sollecito, by association, is painted with the same brush?

    Sollecito has also said that there is no evidence against him, and only some evidence against Knox. Will his appeal identify the evidence that stands against Knox (statements) and re-state that the evidence has nothing to do with Sollecito?

    I wonder if there will be an appeal on the basis that there was prejudice against Sollecito because they were tried together.
     
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