The Amanda Knox Trial Explained
With Amanda Knox back in the news, we felt it would be useful to re-acquaint our readers with the basics of the case.
Who is Amanda Knox, and why is she on trial?
Knox is a 24-year-old from West Seattle. In 2007, she was a UW student on a semester abroad in Perugia, Italy. During her time in Italy, her roommate, a British student named Meredith Kercher, was brutally murdered. Amanda Knox and her boyfriend, Raffaele Sollecito, became suspects, and were charged and convicted with her murder.
If Knox was convicted, why is she still on trial? Why is this process taking so long?
Her defense team appealed the guilty verdict, and this is the way criminal appeals work in Italy. Italian appeals are much broader in scope than American ones. Often, so much new information is introduced, that they seem more like second trials to American eyes. Further dragging things out, it's entirely normal for an Italian trial to be in session for only a few weeks, or even days, before taking a lengthy break.
Didn't Knox confess? How did she still plead innocent? Does she say she was tortured?
Yes. However, she and her defense team dispute the confession, claiming it was coerced. Italian authorities stand by their interrogation of Knox, and used the confession as a centerpiece of their case against her. Exactly how much pressure the police applied remains a point of contention- Knox claims that officers mistreated, and even struck her. Needless to say, the interrogators disagree, and even sued Knox and her family for slander over her description of the interview. Wherever the truth lies, the Italian Supreme Court ruled that Knox's rights were violated during the interrogation.
Isn't someone else in jail for the murder? How did that happen?
Yes. An Ivorian man named Rudy Guede was convicted and is serving a 30-year sentence. When investigators discovered that Kercher had sex (consensual or not) before her murder, they ran DNA samples. Guede's DNA, already in the system as a result of earlier arrests, was a match. The investigation headed up by the prosecutor, Giuliano Mignini, didn't pursue this angle, but other authorities did, and they tracked Guede to Germany, where he was arrested and extradited. He was tried separately from Knox and Sollecito, and his trial focused on completely different evidence and theories of the crime that contradicted the Knox/Sollecito prosecution.
What was the prosecution's case? What did the Prosecutor say happened to Meredith Kercher?
If you're mostly acquainted with the legal system through John Grisham novels, you probably assume that the prosecution came up with a theory of the crime that involved Knox and Sollecito, then proved it in court. Things aren't always that simple. Prosecutor Mignini, speculated on several theories, but never settled on any one in particular (the bizarre aspects of some of these theories are expanded upon here, and here). Instead, the prosecution presented confessions, forensics and what they saw as a pattern of suspicious behavior by the couple.
Prosecutor Mignini is a lawyer, right? Why is he so prominent in this story? Was he running the investigation as well as the prosecution?
Yes, he was in charge of both. The justice systems of Italy and the US are from totally different legal traditions, so titles that sound familiar to us like "prosecutor" and "judge" mean very different things. Like their American counterparts, Italian prosecutors are sworn to uphold the law and serve justice, and they act as the government's lawyer in criminal trials. However, Italian prosecutors are also in charge of directing police investigations, which, in the US, would be the job of a ranking police officer. This usually means that in Italian prosecutors have more power and more influence over the direction of a case than they would in the US.
To put it simply, in a TV reference: if the case was on Law and Order, Prosecutor Mignini would be ADA Jack McCoy and Lt. Anita Van Buren combined.
What's happening in the case now? What are Knox's prospects?
The appeal has been a disaster for the prosecution. During this phase of the proceedings, independent experts have cast grave doubts on the conclusions reached by Mignini's expert witnesses. The DNA sampling and testing was so amateurish, that a scientist drew laughs trying to explain it in court. As the prosecution scrambled to restore faith in their forensics, the judge ruled the matter closed, which most interpreted as acceptance of the defense experts' criticisms. If that conclusion is correct, and the judge has discounted the prosecution's "scientific" evidence, there is very little left of the prosecution's case.
So will it all be over soon? Is Amanda Knox going free?
It seems more likely than ever. It looks like the prosecution no longer has a case, but looks can be deceiving, and there's no telling when an Italian trial will end. Surprises are always possible, particularly when so much rests on the opinions of one taciturn judge. Still, the mood in the Knox camp seems to be shifting from cautious to overt optimism: people are beginning to use the phrase "home for Christmas."
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