Meredith Kercher family launch appeal against Knox's acquittal

Amid book deal hoo-ha, lawyers in Florence launch legal bid to overturn Knox and Sollecito acquittal

BY Andrea Vogt LAST UPDATED AT 13:32 ON Tue 14 Feb 2012

FLORENCE – Italian prosecutors and lawyers for the family of slain British student Meredith Kercher are formally petitioning Italy's Supreme Court today to overturn the appeals acquittal of Amanda Knox and Raffaele Sollecito.

The crucial court filings mark the final critical phase of one of Europe's longest-running, highest-profile murder trial sagas.

"We are petitioning against the decision of the Court of Appeals of Perugia and are optimistic it will be admitted to the Court of Cassation for review," said Kercher family lawyer Francesco Maresca in Florence. Prosecutor General Giovanni Galati filed the same appeal – or ‘recourse’, to be more accurate - in Perugia, amid a throng of reporters.

The 112-page document focuses on ten points of law, but mainly focuses on a perceived misapplication of reasonable doubt and the controversial decision by the appeals court to allow an independent review of just two contested pieces of forensic evidence.

"The knife and the bra clasp were just two scientific elements of many," Maresca said. "We believe that either everything should be re-evaluated, or you say the court is able to judge for itself. This was a huge contradiction."

They also maintain that the Court of Appeals mistakenly applied reasonable doubt to singular pieces of evidence, when it was intended to apply to the whole case.

"We believe reasonable doubt has to be applied globally, not singularly."

The petition to the highest court of Italy follows a spate of orchestrated leaks from across the Atlantic hyping a "bidding war" over the rights to Amanda Knox's memoir and her lawyers’ decision to appeal her slander conviction for accusing African immigrant Patrick Lumumba of the murder while she was being interrogated.
 
She never recanted her accusation to authorities and Lumumba stayed two weeks in jail until his alibi was independently confirmed and the DNA of another African man, Rudy Guede, was discovered at the scene of the crime. Guede was convicted of involvement in Kercher's murder "along with others" at all three Italian judicial levels.

Knox's recent announcement that she will appeal her slander conviction is financially strategic for her deeply indebted family because should she win, she would be eligible for additional compensation from the Italian state for wrongful imprisonment.

All requests to the Court of Cassation (the Kerchers', the prosecutors' and Knox's) will likely be considered as a package.

First the Court of Cassation must decide whether to consider the case or not. Once under consideration, if the court agrees with prosecutors, a new appeals trial is triggered. If they disagree, the current acquittal stands.

"They [the petitioning lawyers] will seek nullification of the second instance decision on points of law," explained Stefano Maffei, an expert on Italian criminal law. "If they are successful, the case will then return to the Court of Appeals for a further assessment of the merit of the case."

Knox and her ex-boyfriend Raffaele Sollecito were convicted in the first instance in 2009 and then, after four years in prison,  sensationally acquitted on appeal on 3 October 2011. The day after the controversial decision, Knox flew back to the US and Sollecito went home to Bari. Both have since enlisted professional agents to handle negotiations for book, film and TV offers.  

A memoir auction began on Friday for Knox's story, but publishers aren't talking publicly yet about potential offers. Certainly, the chasm between public opinion in Europe, where many perceive her as having got off despite being guilty of some sort of involvement, and the US, where she is generally perceived as a wrongly-convicted innocent, has only grown wider.
 
While US media this week described Knox as having bowled over editors with her "smart, self-assured and intelligent" manner, some in Italy have been less than impressed, instead criticising her for everything from her appearance since returning home to her latest attempts to profit from Meredith Kercher's murder.

The real question is, how much exactly will Knox reveal? Will she publish all the letters she received in prison... including those fawning pleas for first interviews? Will she describe the jealousies of fellow prisoners, which she finally overcame working for the prison dispensary?

How much will she disclose about Rocco Girlanda, the Umbrian parliamentarian who used his parliamentary right to enter the Capanne prison at any time to regularly visit her and bring her gifts? Girlanda eventually capitalised on those visits to write his own book in Italian - a cloying account of those visits in which Knox's letters to him were reprinted after being censored and redacted.

Girlanda, who was waiting at the prison after her acquittal was announced, quickly stepped down as President of the Italy-USA Foundation, noting that his rapport with Knox was "exclusively private and personal" as was his gesture of giving her an iPhone 4 the moment she was released.   

After being photographed giving a thumbs-up with a smiling Knox after her release, he has made few statements about the case, and in the meantime the Berlusconi government coalition, of which he was a part, has fallen, dramatically shifting the power balance in Rome.

Back in Perugia, meanwhile, prosecutors are pressing forward slander charges against Knox's parents for publicly stating she was abused - a move that strikes even the most callous inside observers as retaliatory to say the least.

First witnesses are set to give testimony in March, and Knox's own lawyers have said she intends to return to testify in her parents' defence, though Knox herself has been silent on the matter. The Sollecito family also faces charges for its alleged attempts to manoeuvre behind the scenes.  Sollecito's attorney, Giulia Bongiorno, has taken on new responsibilities on an even bigger case:  representing a group of survivors of the Costa Concordia cruise ship disaster.

Galati, the prosecutor general leading the ‘recourse’, is also no stranger to high-profile cases, having worked in the 1980s on the case of Roberto Calvi, the Italian banker murdered and found hanging from Blackfriars Bridge in London in June, 1982. · 

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Submitted by Klpmanley on February 14, 2012 - 3:23pm.
Superb article.
Submitted by Arblaster on February 14, 2012 - 3:52pm.
There's a book in here somewhere, but I don't think it's Ms Knox's account that is wanted.
Submitted by Cross_seven on February 14, 2012 - 4:04pm.
Knox recanted her "confession" the morning after in a letter to the police.
Submitted by Frankjarvie on February 14, 2012 - 4:41pm.
Extremely sad that Kercher family still wants to persecute innocents to satisfy their obvious need for revenge. I have absolutely no sympathy for them. If they have an ounce of real compassion for the truth, they certainly haven't displayed it. The Italian prosecutor should be serving time in prison himself, and the court makes a mockery of itself by giving a plea deal to the one obvious culprit. Always wanted to visit Italy. That will NEVER happen now.
Submitted by Adamlangfelder on February 14, 2012 - 5:15pm.
Can't the Italians just leave her and her family alone? Amanda never committed any crime and spent four years of her life in prison for something she didn't do!
Submitted by Jeffski1 on February 14, 2012 - 5:19pm.
What a disgusting thing to say about a family who lost a daughter in such circumstances.

Also the prosecutor that you mention was not the one to file the appeal.

No sympathy WTF....Moron
Submitted by dez on February 14, 2012 - 5:35pm.
Knox is as guilty as sin, christ know how she got off. 
i hope they bring her back and bang her up for ever
Submitted by Alain on February 14, 2012 - 5:37pm.
I don't know if I would call it revenge, but from the viewpoint of a family who lost a daughter it would be reasonable to pursue justice against those that killed her.  Unfortunately, they seem blinded (snowed?) by their attorneys and it is truly amazing that they, as true victims, have blown so much good will in their favor. Being a victim does not give one carte blanche to victimize another family.  My first reaction is to blame the attorney Francesco Maresca who has been in the pocket of the prosecutor Giuliano Mignini who was the orchestrator of "sexual games gone wrong" fantasies.  Now that so much smoke has cleared from the tabloid smear job, it is more difficult to be sympathetic with Meredith's family.
Submitted by TomNightingale on February 14, 2012 - 5:47pm.
""
instead criticising her for everything from her appearance since returning home to her latest attempts to profit from Meredith Kercher's murder""
I don't know if Knox is really innocent or guilty. Legally she is innocent.If she really is innocent, isn't she entitled to try to milk her own position? I feel much sympathy for the Kerchers but if Knox spent 4 years inside...two after being found guilty of  murder...for a crime she  she maybe didn't commit..then I must feel sympathy for her also.Immediately after the trial, the Kerchers seemed more concerned that they didn't have any kind of closure than the possibility that Knox did not commit the crime. It was clear they wanted Knox found guilty. Maybe because they are sure she is guilty; it seemed to me they just  wanted someone found  guilty. Their behaviour was bad. even for people under the stress they were under..
Submitted by Patrick King on February 14, 2012 - 5:55pm.
Unfortunately, I have to agree with you. Alain. The Kercher family has taken the natural empathy due them as victims and shattered it. Why are they not the least bit interested in Rudy Guede, the only person unquestionably involved in the death of their daughter? Instead they obsess on a woman who, by all evidence, was not even there at the time of the crime, and had she been, she too would likely have been murdered. Because people are victims it does not follow that they are intelligent. Perhaps the contrary is more often the reality.
Submitted by Patrick King on February 14, 2012 - 5:56pm.
I'll be reading Knox' account in hardcover. I can guarantee you that.
Submitted by davidkwok on February 14, 2012 - 9:08pm.
Seems the Knox family's PR campaign never misses the chance to fill comment sections with ridiculous pro-Knox spin and shots at the Kercher family. 

Color me revolted.
Submitted by Kay Pea on February 14, 2012 - 9:53pm.
As if the Negative PR Campaign that started FIRST does not deserve a response?  And exactly what are you doing with your diatribe?  No one I know "takes shots" at the Kerchers, that is an urban myth made up by callous people who truly do not know anyone remotely close to the Knox family.  Too bad, you'd see immediately how nice they are and how much they care about justice for the Kerchers.
Submitted by Kay Pea on February 14, 2012 - 9:56pm.
She didn't "get off."  There was never any evidence to connect her to the murder because she and Raffaele DID NOT commit it.  The higher court was able to overturn the First because of the lies told to imprison the innocent.  The truth will always win out.
Submitted by Kay Pea on February 14, 2012 - 9:58pm.
I have a great deal of sympathy for the Kerchers, they've had the Devil whispering in their ear for four years.  It's a shame.  I pray for their release from the Perugians, maybe then they will finally see that they have many friends who have always known the truth.  We would welcome them to our table, no matter what the past has been.
Submitted by michellemoore1 on February 15, 2012 - 1:59am.
Ha ha, the judge was being NICE by not going over every little thing. Let's do it...really, lets!!!!! Maresca is a rat and if anybody thinks this crime could not have been done by one person, then they have a lot of learning to do. The vast majority of crimes like this are done by one person only. I would be humored if this was accepted. Of COURSE it won't be....PS Always consider the source of the article. In consideration of the source this may or may not at all even be true. So, I take this with a grain of salt. 
I have to laugh...
Submitted by michellemoore1 on February 15, 2012 - 2:05am.
It' not justice to seek penalty to the wrong persons. It is normal to grieve. It is normal to want closure and to want it as soon as humanly possible.  At a certain point, it becomes your all consuming god. At that point it's not healthy any longer....
Submitted by JJJJJJJJJJJJJJ on February 15, 2012 - 3:38am.
Sooooooooooooo, it appears the prosecutor thinks his politics can swing the deal.  Maybe he doesn't have the right connections and perhaps he will land in prison after all.  Maybe.
Submitted by Nancybassett on February 15, 2012 - 3:46am.
The Kercher family is living in some sort ot fantasy land.  The killer is in jail.  What more do you want?
Submitted by Theyreguilty on February 15, 2012 - 6:22am.
Anyone who has read the Massei report would disagree with comments criticising the Kercher family. These two are guilty as charged the first time. Thank God someone is interested in seeking justice. How dare anyone criticise the Kerchers, this is also procedural under Italian law. Regardless of the outcome, Knox & Sollecito will have to live with their guilt.
Submitted by Theyreguilty on February 15, 2012 - 12:53pm.
Um except for when she reiterated the accusation in her note to police on Nov 6:

"And I stand by my statements that I made last night about events that could have taken place in my home with Patrik"
Submitted by Bill_Ivory on February 15, 2012 - 1:44pm.
Your quotation is incomplete.  Let's start with the phrase that comes immediately after the word Patrik, "but I want to make very clear that these events seem more unreal to me that what I said before, that I stayed at Raffaele's house."  This does not sound like much of an accusation to me; it sounds like confusion.  Then let's move on to the fact that she wrote these words on the 6th, whereas the second memoriale, which is a complete retraction, was written on the 7th.  The letter was from the 9th, and it was also a retraction.  IIRC it was on the 10th where the police listened in on Amanda, and she yet again said that she was not at her flat on the night of the murder.  That is three strikes against the claim that she never recanted.
Submitted by Zeb1956 on February 15, 2012 - 2:18pm.
It seems withrespect, is doing the usal thing, just plan old lies with out respect for anyone. because his point of veiw must be right.
Withrespect why do you not go back to the tea party, it seems that The Kercher supper tanker is out in mass today.
Submitted by A B on February 15, 2012 - 2:24pm.
Recanted her first confession, then she amended it, then there were four more alibi's before she settled on Sollecito's apartment for the night.  All of these changes after Sollecito admitted his own stories were a pack of lies starting with the Kate Mansy interview.
Submitted by Theyreguilty on February 15, 2012 - 3:38pm.
I think when you refer to the 10th, you mean this:
 
"It’s stupid. I can’t say anything but the truth, because I know I was there. I mean, I can’t lie on this, there is no reason to do it."
 
Then mom and dad try to shut her up. 
Somehow, that's not quite the same as saying "Patrick is innocent and is only behind bars because of my statement."
 
What did she have to be confused about?  Either she was there or not there. Sounds like she was trying to confuse others because her alibi had just been destroyed.  She told police she was really afraid of Patrick and that he was a bad man.  Sorry, no sympathy from me.
Submitted by Bill_Ivory on February 15, 2012 - 3:46pm.
Amanda said that she was not at the girls' flat in her second memoriale (Nov. 7) and her letter to Ghirga (Nov. 9).  Finally, her statement, "there's no reason to do it" clears up any ambiguity about the meaning of "I was there."  "There" must refer to Sollecito's flat, because a good reason to lie exists if "there" meant the girls' flat.
Submitted by Bill_Ivory on February 15, 2012 - 4:07pm.
Mom and dad probably suspected that their conversation with Amanda was being listened to (which it was).  That is a sensible reason for anyone to be circumspect in what one says when he or she is incarcerated.  Moreover, her statements on Nov. 7 and 9 add weight to the conclusion that she had fully retracted her accusation.  She could not make reasonably be expected to state that Patrik was innocent, because she was not there.  Finally you are ignoring the Swiss professor who gave Lumumba an alibi on the 11th.  Why didn't the police release him then?  They obviously weren't listening to either the professor or Amanda.
Submitted by Just a Seattle citizen on February 15, 2012 - 5:06pm.
My heart is with the Kerchers as they pursue justice for Meredith. The Hellmann acquittal flies in the face of logic and justice.
Submitted by Farradam on February 15, 2012 - 9:39pm.
The suggestion that the Kerchers are blindly led by a rogue prosecutor is offensive - they will have spent more time than anyone reviewing the evidence and have clearly made up their own mind based on the ample circumstantial evidence against these two, who even now can not get their story straight. They were acquitted on a technicality - if you look add the bigger picture the decision to acquit is very troubling indeed
Submitted by bucketoftea on February 16, 2012 - 5:31pm.
Ahem...look upthread.
Submitted by bucketoftea on February 16, 2012 - 5:36pm.
All wrong. There are no plea deals in the Italian system. I think that's a good thing. Guede made no deal. Look it up.

Thank you for doing your bit to keep Italy beautiful.
Submitted by bucketoftea on February 16, 2012 - 5:53pm.
You know nothing about it. How dare you say such stupid things!
Submitted by bucketoftea on February 16, 2012 - 5:54pm.
Stop trying to put words in the Kerchers' mouths. How rude.
Submitted by Rfishman2 on February 16, 2012 - 10:33pm.
Some standards for a human nation or people:
A nation in which one is innocent until proven guilty in a court of law.
A nation in which the innocent are not unjustly condemned.

Looks like marvellous Italy and its people are human after all.
Submitted by Nightowl2548 on February 17, 2012 - 4:23am.
I've grown sick of looking at that ugly mother and that unkempt, bum of a father continue their vicious attack on Amanda despite all reason that she had nothing to do with it and the OBVIOUS KILLER is already in jail for it. I doubt they're very bright when the truth is staring them in the face but for some reason they just don't get it. It's almost political, or just out for Rafaelle's families money, I sure hope they redeem themselves in the future for being so wrong.
Submitted by YMAgble on February 17, 2012 - 5:57am.
Americans abroad are never guilty- first the received wisdom is that other courts, including those in Europe, are incapable of dispening justice. Then this accused has everything in her favour- the right skin hue, the right social status (I mean money, a big plus here). I would be surprsised if she really was entirely innocent of the crime. The Kerchers have every right to want to seek the truth. They lost their lovely daughter in the most horrible way and unless those criticising them here have had a similar experience I think they have no right to castigate or criticise them.
Submitted by Iestyn West on March 13, 2012 - 11:48am.

knox is a murdeing whore who got of with this disgusting brutell murder with here connection's of the wealthy americans behind here the americans live by the dollor if this bitch knox had been black she would still be behind bars where she belongs i hope she rots in hell 

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