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Amanda Knox Might Get the Retrial She Deserves If Anyone Considers the Facts

A new report is so full of distortions, it might just pave the way to an actual trial based on real evidence.
 
 
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The longer the Italian courts consider the Meredith Kercher case – and we have now had three trials, six presiding judges, two hearings before the Italian high court and a third on the way – the more the country's institutions of justice have covered themselves in shame.

Judge after judge has twisted the available evidence into extraordinary contortions of logic to assert, at different times, that Kercher – a British exchange student stabbed to death in her room in Perugia in 2007 – was the victim of a premeditated attack; that her murder happened  spontaneously; that the motive was sexual; that the motive was a dispute over housework with Amanda Knox, the star defendant; that the trigger for the murder was the unseemly appetite Knox and her boyfriend, Raffaele Sollecito, had for sex and drugs; that the trigger for the murder was Rudy Guede, the Ivorian-born drifter everyone agrees was involved, knocking on the door to use the toilet.

By now, Knox and Sollecito have been  convictedacquitted and convicted again, and the underlying forensic evidence has been both  exposed as a sham and, mystifyingly, reinstated. (Disclosure: I am the co-author, with Sollecito, on his memoir about the case.)

Still, the latest judicial document in the ongoing battle,  a 337-page justification of the most recent convictions made public on Tuesday, marks a new low. Not only has Alessandro Nencini, the presiding judge of the Florence appeals court, apparently resorted to the same tortured logic as his predecessors; he has also stated things as fact that are manifestly and provably wrong.

That may be more than even the Italian justice system can stomach; judges, after all, aren't supposed to do things like that. And it may provide Knox and Sollecito with unexpected – if still slim – grounds for hope at the very moment when Kercher's death had seemed settled, at last, according to the law.

To read the new conviction report in detail is to enter a kind of alternate reality, where concrete facts appear ignored and alternate facts are seemingly plucked from the air. Kercher's murder is reduced to a parlor game and all roads lead to the inevitable, if not also foregone, conclusion that Knox and Sollecito are guilty. For instance:

  • On page 63, Judge Nencini claims that a partial shoeprint found at the murder scene comes from a size 37 women's shoe and must therefore belong to Amanda Knox. But this is not based on the available evidence. In the early days of the case, the prosecution sought to show that the shoeprint was from Sollecito's Nikes; the pattern of concentric circles on the sole was later proven to come from a different pair of Nikes belonging to Guede.
  • On page 81, Nencini grapples with the question of how Knox and Sollecito could have participated in the murder but left no more than a single, hotly disputed trace of themselves at the scene. Extraordinarily, Nencini argues that Knox and Sollecito must have wiped the place clean of their DNA (but left an abundance of Guede's) because no traces of Knox's DNA were found anywherein the apartment that she shared with the victim. But multiple samples of Knox's DNA were found and presented at trial; they just weren't found in the room where the murder took place.
  • Then, on page 321, Nencini writes that the blade of the purported murder weapon – a large kitchen knife found in Sollecito's apartment – bore traces of both Kercher's and Sollecito's DNA. Again, this is at variance with the evidence. The most the prosecution ever asserted  was that Kercher's DNA was on the tip of the blade. Sollecito's DNA has never been found.

The defense teams have reacted with consternation: Knox issued a formal  statement decrying the lack of "credible evidence or logic" in this latest document, which arrived just ahead of the three-month deadline following her latest conviction; Sollecito's lead lawyer, Giulia Bongiorno,  denouncedwhat she said were "at least ten clamorous mistakes per page". (A Kercher family lawyer  called the document "a version that we have always in some ways sustained".)