Amanda Knox: Will She Be Released Because Italian Government is Embarrassed?

March 1st, 2011 by LindseyO

The Amanda Knox case, which dominated international news outlets, is a cautionary tale of justice displaying the glaring differences between Italian and American law.  And I’m just trying to figure out which one is better…

If you don’t know the history:  American Amanda Knox, along with her boyfriend and another man, Rudy Guede, were accused and convicted of brutally killing her roommate Meredith Kercher, a British subject. Knox subsequently received a 26-year sentence and has currently served 3 years.

In the beginning, Italian authorities pursued their case with their usual bravado, aided by a hysterical media who portrayed Ms. Knox as a sex-starved, drug-addicted sociopath who killed her roommate in a pique over Kercher’s refusal to join in perverted sex games. This resulted in a tainted jury exposed to the media’s hysterical vitriol and the Italian people’s emotional dissection of the case. There was no sequestering of the jury and they delivered their verdict with members of the jury wearing the colors of Italy in solidarity with the public and the press.

Furthermore, there was no physical evidence tying Ms. Knox to the crime itself. The evidence presented has been proven not to meet the international forensic prosecutorial standards.

The difference in laws is strikingly different between the United States and Italy. In Italy, suspects are jailed without charges and non-consensual recorded phone calls are admissible in court. There is no counterpart to the Miranda warning given to defendants in Italy. By contrast, in the United States, questioning by authorities without representation is illegal. Knox was subjected to endless hours of interrogation without an advocate, interpreter or counselor to advise and assist her.

Perhaps the most interesting difference between the two countries is the process of appeal. In the United States, the conviction carries the greatest weight and the appeal process is narrow in focus and scope. In Italy, the opposite is true and it is said that no one is guilty until found guilty on appeal.

This will certainly act in Amanda Knox’s favor. Public opinion and a media shift in the last 3 years question the young woman’s guilt and Italians are embarrassed by the whole debacle. The lack of evidence and the subsequent facts that have come to life may allow Amanda Knox to walk out of an Italian jail with time served and be quietly whisked out of the country to save the country any further embarrassment.

It’s sad to say that one’s fate depends on the bravado and/or embarrassment of a country and the media’s view of the case, but perhaps the saddest aspect of the entire case is the lack of justice for Meredith Kercher.

The opinions expressed in this article are those of the author, and the author alone, and do not reflect in any way the opinion of the web site or any of its affiliations or partnerships.  Lindsey is a contributor for in the Legal Entertainment category.

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6 Responses to “Amanda Knox: Will She Be Released Because Italian Government is Embarrassed?”

  1. Norbert Says:

    LindsayO is misinformed about public opinion concerning Amanda Knox in Italy – not to mention the facts of the case and the Italian judicial process.

    As for walking out of jail in the near future, let me put it this way: I hope she likes Italian cooking.

  2. Karl Says:

    This article is full of factual mistakes with innuendos which resemble the language of Latin American dictators of the 70s. First, in Italy those members of a court of Assise who are not professional judges are obliged to wear the tricolor in Court in every trial. Nothing to do with what the writer assumes to be the reason. In Italy there are no juries but a court. Such court can interrogate defendants and witnesses as they see fit and have access to all documents of the case. Sequestration (which is btw not so usual in the US with juries) is therefore not contemplated as court members have more information than the press. More importantly any court has to write a written motivation of the verdict which – if found insufficient or using irrational reasons – brings to nullity of verdict. In this case it was over 400 pages and was translated in English by a website following this case (Perugia Murder File). Arguments used to convict appear very solid and not one of them is irrational. Read the motivations before writing such nonsense. There is a lot of evidence linking Ms Knox and her boyfriend to this murder, of different nature and certainly more than enough to convict. Finally: the Italian public is not embarassed at all. After the publication of the report interest has just diminished as most think ms Knox and mr Sollecito are guilty. The government knows nothing of this case (so cannot be embarassed) as no diplomatic effort of any kind has been undertaken by the US government for this case, which means the US government thinks the trial was fair. It is to be noted that the judiciary power in Italy is fully independent from political power therefore any “political” action will hardly be useful. However ms Knox will have extensive rights of appeal (far superior than those offered in the US) and will be using them with through her appointed lawyers. If convicted, she is lucky in Italy there is no death penalty, a life penalty is always with parole (resulting in about 17/18 years)and a 26 year conviction often allows a rehabilitation path which sees the convicted out in about 13-15 years and a job ready.

  3. Harry Rag Says:

    The evidence against Amanda Knox and Raffaele Sollecito is overwhelming. They gave completely different accounts of where they were, who they were with and what they were doing on the night of the murder. Neither Knox nor Sollecito have credible alibis despite three attempts each. All the other people who were questioned had one credible alibi that could be verified. Innocent people don’t give multiple conflicting alibis and lie repeatedly to the police.

    The DNA didn’t miraculously deposit itself in the most incriminating of places.

    An abundant amount of Raffaele Sollecito’s DNA was found on Meredith’s bra clasp. His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17.

    According to Sollecito’s forensic expert, Professor Vinci, Knox’s DNA was on Meredith’s bra.

    Amanda Knox’s DNA was found on the handle of the double DNA knife and a number of independent forensic experts – Dr. Patrizia Stefanoni, Dr. Renato Biondo and Professor Francesca Torricelli – categorically stated that Meredith’s DNA was on the blade. Sollecito knew that Meredith’s DNA was on the blade which is why he twice lied about accidentally pricking her hand whilst cooking.

    There were five instances of Knox’s DNA mixed with Meredith’s blood in three different locations in the cottage.

    Knox tracked Meredith’s blood into the bathroom, the hallway, her room and Filomena’s room, where the break-in was staged. Knox’s DNA and Meredith’s blood was found mixed together in Filomena’s room, in a bare bloody footprint in the hallway and in three places in the bathroom.

    Rudy Guede’s bloody footprints led straight out of Meredith’s room and out of the house. This means that he didn’t stage the break-in in Filomena’s room or go into the blood-spattered bathroom after Meredith had been stabbed.

    The bloody footprint on the blue bathmat in the bathroom matched the precise characteristics of Sollecito’s foot, but couldn’t possibly belong to Guede. Knox’s and Sollecito’s bare bloody footprints were revealed by luminol in the hallway.

    It’s not a coincidence that the three people – Knox, Sollecito and Guede – who kept telling the police a pack of lies are all implicated by the DNA and forensic evidence.

    Amanda Knox voluntarily admitted that she was involved in Meredith’s murder in her handwritten note to the police on 6 November 2007. After she was informed that Sollecito was no longer providing her with an alibi, she stated on at least four separate occasions that she was at the cottage when Meredith was killed. At the trial, Sollecito refused to corroborate Knox’s alibi that she was at his apartment.

    Knox accused an innocent man, Diya Lumumba, of murdering Meredith despite the fact she knew he was completely innocent. She didn’t recant her false and malicious allegation against Lumumba the whole time he was in prison. She admitted that it was her fault that Lumumba was in prison in an intercepted conversation with her mother on 10 November 2007.

    The English translation of the Massei report can be downloaded from here:

  4. slr Says:

    No once, except for the most dedicated, can sort through the lies that were released by officials in Italy regarding this crime. No one would be able to come up with an accurate statement regarding the guilt or innocence of Amanda Knox (and the completely forgotten Raphael Sollecito) based on what they have read in the press. It does not matter what the Italian, the British or the US public thinks, the ability to give a fair trial to Amanda and Raphael is almost impossible thanks to the prosecution, the police and most of the media.

    The massive campaign led by the prosecution ( all powerful in terms of this trial ) which knowingly kept crucial evidence from the defense, that led the constant illegal release of lies, and leaking of materials by police that were private and had nothing to do with the trial, but led to the incredible smear campaign that has led Amanda to be MADE the focus of this crime, rather than the true murderer. For Amanda it was like being an eccentric single woman in Salem in the 1600′s- everyone believed she was a witch.

    I believed too, so all powerful was the media frenzy in its conviction and lack of journalism, until I started looking at the evidence.

    It started from the very beginning of November 2007 as Mignini declared the ‘case closed’ and released his elaborate crime scene scenario to the press. This was done BEFORE the scene had been analyzed for evidence, before lab reports had come back, before fingerprints, dna analysis, foot prints, hand prints, photographs, collection of evidence- In other words before there was anything to base a hypothesis on besides his vivid imagination.

    Then the media ran with it creating the worst tangle of lies and sensationalism imaginable.

    The police and the prosecution created a scenario that was not based on a proper observation of evidence of facts. The number of documented lies released to the press (and then published) by those in charge of gathering evidence is enormous. Having followed this subject since the horrible story broke of the murder of Meredith in Italian and English and numerous
    writings on the subject, my hope in humanity has been challenged. I do not believe, as I have up until this trial, that the majority of people are fair minded or stand for justice, but only a small percentage of them. The rest are ready to spew hate and vitriol, judge before there is evidence, be led astray by obvious mistruths and choose to believe elaborate pieces of fiction over real evidence. They are so ready to throw the first stone. Few care about truly finding out the truth.

    It is easy to make anyone look bad. Just look at the reporters and how they shot hundreds of photos but only used the ones which best made Amanda look evil. In fact, they made Amanda the subject, not one of three people charged with a crime- just her as if no one else existed.

    Just look at all of the monikers that could have been used to describe Amanda such as ‘young university student’ or ‘seattle twenty year old’ which were instead opted out in favor of ‘Foxy Knoxy’, the witch, the man eater’- all before any evidence had been truly looked at. Just look at how Amanda was somehow turned into an evil temptress, man eating, sex crazed monster, drug addict (contradicted by everyone who know here) even though her roomate did the same things she did, ate drank, had sex and smoked hash (like most Italians I have met over my 12 years in Italy, of all ages, and from all social classes).

    Turning Amanda into a monster and scape goat will never bring justice to Meredith. It is a horrible miscarriage of justice that two people who are not tied to a crime scene have been railroaded into a conviction created in the figment of a prosecutor’s mind, with a penchant for sex crimes and satanic worship who consults a ‘medium’ of questionable sanity and who has severely miscarried justice in the past.

    To act as if the police could not be corrupt is absurd as well. This country is a country of ties based on power, of mafia, of corruption just as much as the USA where horrible miscarriages of justice take place all the time. It is a country built on the idea of looking good, not substance. Why are there no cases of church pedofilia coming out of Italy? It just wouldn’t look good so it is better to keep it a secret.

    The amount of trial material that was illegally, constantly and continuously leaked to the press from day one, shows the department is corrupt. And even having a law by which you can intimidate someone from speaking out about police abuse even though the police themselves have no record, as they are supposed to, documenting long interrogations just goes to show how powerful and corrupt they are. They did not follow the law when it came to Amanda and Raphael’s rights but there are no consequences to pay. They control everything and they are controlling it in order to make the crime match the fiction created by the prosecutor.

    And the hungering masses put their thumbs down and throw barbaric terms of insult at a young girl and guy who were not able to be credibly tied to crime scene, just because the idea that Mignini has spun is so exciting and shocking, that of course these two kids must have done it.

  5. Luigi Says:

    This article is a joke.I am an italian citizen,living in Italy,interested il Law,and therefore even in this case.I would like to say few things.1)The italian Governament is not emberresed at all.I don’t know where this article got this fictional information.Just few weeks ago,an american citizen,was relased from an american jail,after 30 YEARS,because found INNOCENT.Therefore who should be ashmed?His loife has been ruin by the “great” american legal system.The matter the fact is that not legel system is perfect.Certanly there are mistakes even in Italy;but at least we don’t have the typical american arrogance to teach to others how to make trials.2)Saying that Amanda has been convicted because the jury had the three colors ban of the italin flag,is a ridicolous and sick statment.Why?Because,even Raffaele has been convicted too,and he is ITALIAN like the jurors.You can understand that who wrote this article is a big IDIOT.
    Idiots should be silent for the good of the world.
    Thank you.

  6. Canvas Says:

    For all those doubting whether this article is factual or not, you should do your own research before criticizing anyone else. The bra clasp said to link the boyfriend to the murder, has been video taped as being tampered with. The video of Amanda’s 52 hour long interrogation (with no representatives) where she supposedly gave up herself, as well as her boss, has never been recovered. In addition, the DNA found that supposedly linked Amanda to the murder, was not tested until after her arrest, and has now been found to be a negative match, meanwhile Rudy Guede’s DNA WAS found on Meredith’s body, and WAS A POSITIVE MATCH. This man has also been accused of several other crimes, including arson and robbery. This article, although biased and opinionated, makes a point to show that Amanda’s case has been unfairly investigated and tried. At this point any conviction, either guilty or innocent, will have little basis on fact.

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