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Amanda Knox is the Victim

“Foxy Knoxy” – Femme Fatale or Victim of Italian “Justice” System?

 

If the trial of Amanda Knox and her boyfriend Raffaele Sollecito was any indication, the Italian system of justice is a lazy, undisciplined folderal. Though it may embrace many Anglo-American judicial principles, in practice their “criminal” trials are a caliginous mix of toxins – a cauldron within which to stew the unwary accused.

The case was tried before a jury on Fridays and Saturdays only, and resumed after a lengthy summer long hiatus. The sheer length of the trial, together with the number of half-baked “witnesses,” calls into question just what these jurors recalled of the evidence when they retired to deliberate. Moreover, since the jurors weren’t sequestered during the trial and off time, they were free to read whatever information, reliable or not, on the Internet about the case. Unlike our system here in the U.S., the jury was comprised of six citizens and two judges – one who steers the deliberations. The trial judge himself, as is common practice in Italy, was not a disinterested umpire calling balls and strikes. Instead, he was an active participant in the trial, often interjecting himself into the questioning, allowing the jurors to glean his none too subtle desire to see Knox convicted. And while the jurors were instructed to apply the “beyond a reasonable doubt” standard to the evidence, their verdict need not be unanimous – a simple majority was sufficient.

The inadequacies of the jury aside, the prosecutor, Guiliano Mignini, conducted himself as though unbound by any rules of ethics or of evidence, or obligated to abide by the rulings of Italy’s highest court. That court had ruled, because Knox had been interrogated without the presence of a lawyer, that her statements/confession to the police could not be introduced at the trial. Nevertheless, and apparently without judicial interference, Mignini referred to that confession on five occasions. During his closing argument, he repeatedly maligned Knox as a “she-devil.” Any American judge would have declared a mistrial for either infraction. In Italy, it’s met with a shrug.

If none of this is enough to cast doubt on the verdict, this murder trial was not exclusively a criminal proceeding. Within this single trial, Kercher’s family’s wrongful death suit against Knox and Sollecito and Patrick Lumumba’s defamation suit against Knox, who had accused him of the murder after fourteen hours of aggressive interrogation led by the prosecutor, were also tried. As Knox’s defense lawyers battled the perfidious prosecutor, the attorneys for Kercher and Lumumba attacked Knox’s character without mercy and played on the jurors’ sympathies for the Kercher family and Lumumba. In no serious judicial proceeding would a criminal defendant be forced to stave off assault from so many directions.

None of this may have mattered if the prosecution possessed compelling evidence of Knox’s guilt. But, there was precious little forensic evidence that Knox was involved – some DNA in the home within which she resided and on a knife seized from Sollecito’s home. That large knife was both incompatible with two knife wounds inflicted on the victim and inconsistent with a bloody knife print discovered on Kercher’s bed sheet. So little of Kercher’s DNA was found on the knife that no confirmatory testing could be performed in accordance with accepted forensic practices. The remaining witnesses provided a mish mash of circumstantial evidence that cast Knox as unfeeling femme fatale, but did nothing to identify the murderers.

Kevin J. Mahoney is a Cambridge Criminal Defense Lawyer, published author, and on-air legal analyst.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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