Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

pnwmom

(108,977 posts)
Thu Oct 31, 2013, 09:07 PM Oct 2013

Amanda Knox's 4th trial: new tests do NOT find victim's DNA on knife.

The knife that police selected from Raffaele's kitchen drawer (because it looked so clean and shiny!) has once again not revealed any DNA or other physical trace of the murder victim, Meredith Kercher. This knife was too big to fit the victim's wounds and didn't match the outline of the actual murder weapon that was found on the bloody sheet, but the prosecution has claimed all along it was used in the murder -- probably because its handle had some of Amanda's DNA. (Because she used it to cook with when she stayed at Raffaele's house.)

Up till now, the trace of Amanda on the handle of the purported murder weapon was the only physical link between her and the murder, since the murder room itself didn't contain a single piece of evidence linked to Amanda -- no fingerprints, shoeprints, hair, fiber, or DNA. (Amanda's DNA was found elsewhere in the apartment, of course, because she lived there.) The murder room, however, was covered in blood; and dozens of pieces of evidence, including DNA on and inside Kercher's body, were linked to Rudy Guede, the burglar who was convicted of the murder and sexual assault in a separate trial.

This is Amanda's 4th trial. In the first, she was found guilty. In the appeal, she was found innocent (a category separate from "not guilty&quot , after the judge appointed independent DNA experts to examine the evidence -- and she was then released from prison. The prosecution then appealed the innocent verdict to the High Court, who -- after conducting the third trial-- ruled that an additional appeals' trial had to take place -- her fourth trial overall. Among other things, the High Court ruled that the trial judge in the appeals trial hadn't sufficiently considered the sex-game-gone-wrong theory of the prosecution. Whatever is decided in the current trial, there will no doubt be at least one more trial, a 5th trial, because either the prosecution or the defense can appeal the result to the High Court. At that point the High Court could decide to accept whatever decision is made in the 4th trial -- or the Court could order a 6th trial. In theory, there is apparently no limit to the number of trials that could occur.

This is why, quite correctly, Amanda Knox is staying home, quietly going about her life as a student at the University of Washington. What a nightmare.

http://abcnews.go.com/International/amanda-knox-forensic-tests-find-victims-dna-knife/story?id=20738813

The next hearing in the trial is scheduled for Nov. 6 when the forensic police experts will report on their findings.

Their written conclusions were filed in the Florence court today. Italian news agency ANSA is reporting that the tests found the "presence of a extremely small quantity of genetic matter which could derive from one or more female profiles."

In earlier leaked reports, the test had previously determined that Knox's DNA was likely in the trace. But according to the forensic experts comparative tests "led to the exclusion of the presence of any genetic matter belonging to Meredith Kercher... on the DNA trace being tested."

The knife was retrieved by investigators from the kitchen of Knox's boyfriend Raffaele Sollecito. Knox and Sollecito were both charged and convicted of killing Kercher in November 2007. They spent four years in prison before an appeals court threw out the conviction in 2011.

6 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Amanda Knox's 4th trial: new tests do NOT find victim's DNA on knife. (Original Post) pnwmom Oct 2013 OP
It certainly showcases the wisdom of the double jeopardy exclusion in the 5th amendment. Xipe Totec Oct 2013 #1
The Italian loophole is that they consider all their many trials pnwmom Oct 2013 #4
Thanks for the update, pnwmom! Suich Oct 2013 #2
You're welcome, Suich! pnwmom Oct 2013 #3
Cops Running with the pack machlin Nov 2013 #5
welcome to DU gopiscrap Nov 2013 #6

Xipe Totec

(43,890 posts)
1. It certainly showcases the wisdom of the double jeopardy exclusion in the 5th amendment.
Thu Oct 31, 2013, 09:14 PM
Oct 2013

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

pnwmom

(108,977 posts)
4. The Italian loophole is that they consider all their many trials
Thu Oct 31, 2013, 09:37 PM
Oct 2013

to be just one long extended trial, with no final decision until whenever they decide to make their final decision.

But it seems to me that this does demonstrate the whole reason we have double jeopardy rules.

machlin

(1 post)
5. Cops Running with the pack
Fri Nov 1, 2013, 08:55 PM
Nov 2013

The Perugia police department is like the Nixon administration after Watergate. Lots of ambitious career climber who are terrified of not keeping up with the "wolf-pack", so they (dozens of them) plant evidence, misinterpret lie-detector tests, pressure witness to falsely confess or purger themselves, falsify DNA tests and bite mark impression tests, and sometimes even fingerprint tests. If they won't play ball they were demoted long ago from every department. The same is true for the politicians and the prosecutors. Tell your police friends to cut the BS and the "blue code of silence", that they can't fool us any more as to how the game is played.

Latest Discussions»General Discussion»Amanda Knox's 4th trial: ...