The Trial that JUST WON'T END

Raffaele is asking for donations:
http://www.guardian.co.uk/world/2013/jun/20/meredith-kercher-murder-raffaele-sollectio-cash-retrial

http://www.gofundme.com/3bct8o

Wow, boy do YOU not know a thing about the real Amanda Knox. Whatever...

Wow, you've been reading up on the facts. Am impressed. I know for a fact that her gender had a role in this. Raffaele himself says that when he was comforting a shocked Amanda Knox after the discovery of Meredith, he noticed Monica Napoleoni whispering to the Policeman next to her. She kept staring at them. From what I understood from Raffaele, the culture there says, "how DARE a young white American girl come take our wealthy Italian males?" Jealousy played a role. She is also the one who accused Amanda of doing cartwheels instead of YOGA. She's evil. She's in huge trouble herself for misuse of authority right now in some personal issues. I saw her in the Courtroom. Diva.

The bottom line is that, according to Italian Law, Rudy Guede should have been imprisoned for his previous crimes committed in the month before the brutal rape and murder of Meredith Kercher. Some say the prisons are too full at times and therefore petty crimes are thrown out. Regardless, by the letter of the law, he was supposed to be in imprisoned. Therefore, the authorities would have been in deep yogurt (to say the least) and would have been held responsible for this heinous crime.
Rudy has been known as a liar his entire life. He had a very difficult horrible upbringing, but he is still responsible for what he does and does not do--And for what he did to Meredith Kercher.
He had been given more opportunities for help than most people in similar situations, yet he did not take this gracious help (by one of the wealthiest families in Italy).
Although Rudy got into fights when he was first imprisoned, he is being given 7 months off of his sentence for GOOD BEHAVIOR. Okay then....
It is known in Italy that if you are guilty and have 1/2 a brain that you take a fast track trial. After Mignini met with him in prison he changed his story, did take the fast track trial and got a sentence of 30 yrs cut down to 15 yrs. Cut that in half and subtract the 7 months of good behavior and wallah! As was just reported in the news it looks like he will be getting out May of 2014.
There is no justice for the victim Meredith Kercher and her family. It's very sad. Oh, and he'll be free to do whatever he likes again.

I salute you with the deepest respect, but I believe you have your figures wrong.

First, the midpoint of his 16 year sentence is 8 years. We are at the 6th anniversary of the crime. Next May, Guede will have served 6 1/2 years. This is a 18 month sentence reduction for good behavior.


Let's start at the beginning. The fast-track reduction will do one of three things depending on what sort of sentence is being modified.

a) a sentence of "LIFE With Daytime Solitary Confinement" will be reduced to "LIFE"

b) a sentence of LIFE will be reduced to 30 YEARS

c) any other sentence will be reduced by a third

Note:



Guede's original 30 YEAR sentence was due to him falling under "B" above. He was given a LIFE sentence that was discounted to 30 YEARS.

However, Guede was right on the very edge of falling under "A". Had he been convicted of stealing Meredith's money, he would have ended up with a LIFE sentence even after his sentence reduction.

Presumably if Guede had been prosecuted and convicted for breaking in through the window, that also would have put him over the edge and given him LIFE even after his sentence reduction.

Note this from the October 28, 2008 entry in Frank Sfarzo's original blog:


So right from the start, Guede had two sentence reductions.

First, by choosing the fast-track option, he eliminated daytime solitary confinement from his LIFE sentence.

And second, the fact that he was not charged and convicted for all of his crimes reduced his LIFE sentence to 30 YEARS.



As for the reason that Guede's 30 YEAR sentence became a 16 YEAR sentence, the judge gave a number of excuses for that, but none of them ring true.

However, just a couple weeks before Guede's final sentence reduction, Amanda and Raffaele were convicted and sentenced to 24 YEARS for the murder. At the time, the Italian courts were pretending that all three of them were in on it together, and there was a significant disparity between Guede's LIFE sentence (before the fast-track discount) and Amanda and Raffaele's 24 YEAR sentences for the same crime.

By reducing Guede's sentence to 24 YEARS (reduced by a third to 16 because of the fast-track option), the courts merely brought it in line with the sentences that had just been given to Amanda and Raffaele.


So Guede ultimately had three sentence reductions:

First, his fast-track option removed solitary confinement from his LIFE sentence.

Second, the false accusations against Amanda and Raffaele resulted in Guede not being charged or convicted for every crime he committed, reducing his sentence to 30 YEARS.

And third, Amanda and Raffaele's conviction in the first instance resulted in Guede having his sentence reduced to 16 YEARS.


I'll cover the issue of "time off for good behavior" in my next post.

I, along with quite a large number of Americans, believe Amanda to be guilty. There might be a few who feel patriotic towards one of their own, blaming Italy, but objectively, most Americans I know think of Amanda as a loose female, immoral and sex-starved. I do not have any respect for a woman who picks up a different man every night. Additionally, there are myriad sexually transmitted diseases out there, including the AIDS virus. Amanda was tested for the latter disease and asked to give the list of men she had bedded during her brief period in Italy. The victim, Meredith Kercher, had written her mother that Amanda picked up a different man every night.

Knox said during the interview with MSNBC interviewer, Chris Cuomo, that she was "sexually active." I wonder if they examined Amanda for mental problems?

Izzy, most Americans would be horrified at Oralloy's villainous attacks on the Kerchers whose daughter was viciously murdered. These people are still mourning their loss....it will be a very long time before they can learn to laugh again. The average American simply doesn't resort to that level of destructive behavior. In fact, humans with integrity and morals tend to empathize with the victim's family, not tear them apart for seeking justice for their murdered child.

Oralloy is sorely misguided and uninformed when it comes to *normal* human behavior.

OK. First, Italy has a "daytime release" thing where prisoners get released from prison during the day, but return to prison at night.

People become eligible for it after having served half of their sentence. People with LIFE sentences become eligible after 20 years.

Note:


For regular parole, someone has to have served 2/3 of their sentence (3/4 for a crime with aggravated circumstances). For LIFE sentences they become eligible after 26 years.

Note:


The rules for "time off from good behavior" are that someone gets a 45 day reduction for every half year they spend in prison (assuming good behavior of course).

Note:


So here are my calculations for how the good behavior discount adds up.

For the sake of mathematical sanity, I am pretending that every month has exactly 30 days in it, making a 45 day reduction exactly 1.5 months.

And while Guede's crimes were certainly committed under all sorts of aggravated circumstances, the courts were not treating it that way when they sentenced him. So for the 30 YEAR and 16 YEAR calculations, I'm using 2/3 to calculate the parole date.



For someone serving a LIFE sentence, after having served 16 years in prison they will have amassed 32 half-years of good behavior.

32 x 1.5 months = a 48 month reduction for good behavior

That is a four year reduction, which brings their 20 year date for "daytime release" down to 16 years.


When they have served 20 years 6 months, they will have amassed 41 half-years of good behavior.

41 x 1.5 months = 61.5 months off for good behavior.

That is a sentence reduction of five years and 1.5 months. And that brings the 26 year parole date down to 20 years 10.5 months.



For someone serving a 30 YEAR sentence, they will reach their halfway point at 15 years, and their 2/3 point in 20 years.

After having served 12 years in prison they will have amassed 24 half-years of good behavior.

24 x 1.5 months = a 36 month sentence reduction for good behavior.

That's a three year reduction, which brings their date for "daytime release" from 15 down to 12 years.


When they have served 16 years, they will have amassed 32 half-years of credit for good behavior.

32 x 1.5 months = a 48 month reduction for good behavior

That is a four year reduction, which brings their 20 year parole date down to 16 years.



For the 16 YEAR sentence calculations, the halfway point for daytime release is 8 years, and the 2/3 point for parole is 10 years 8 months.

Once someone has served 6 years in prison, they will have amassed 12 half-years of good behavior.

12 x 1.5 months = an 18 month sentence reduction for good behavior

And that brings the 8 year point for "daytime release" down to 6 years 6 months.


Once they have served 8 years 6 months, they will have amassed 17 half-years of good behavior.

17 x 1.5 months = 25.5 months off for good behavior.

That's a 2 year 1.5 month reduction, which brings the 10 years 8 month parole date down to 8 years 6.5 months.



So in summary, here are the dates for "daytime release" and for parole, for the three sentences when adjusted for good behavior:

LIFE
Daytime Release: 16 years
Parole: 20 years 10.5 months

30 YEARS
Daytime Release: 12 years
Parole: 16 years

16 YEARS
Daytime Release: 6 years 6 months
Parole: 8 years 6.5 months

No, you know very well that the evidence has been clear from the beginning that Guede carried out the crime all by himself. You just feel malicious glee at the thought of sending innocent people to prison.



Adhering to facts, reality and justice is equal to American patriotism?

Your compliment to the US may not have been intended, but it's nice anyway.



Most of the Americans that you know are evil scumbags.

Broaden your horizons a bit.



I don't know which is most horrific: that you think it is OK to condemn a woman for having sex; or that you think it is OK to condemn a woman on false charges of having sex.

Amanda did not pick up a different man every single night.

But even if she had, it still would not be OK for you to lynch her.



Nice how you evil thugs gloss over atrocities so glibly.

Amanda was maliciously lied to and told that she was dying of AIDS.



The victims here are Amanda and Raffaele. They are the ones who were illegally held in prison for four years, and who are now being viciously libeled by evil thugs like you.

And no. Kercher never wrote any such thing.



Do you think that women should be burned at the stake if they (gasp) dare to have sex?



So if a college age girl has sex, that is a sign of a mental disorder?



You don't speak for most Americans. You speak only for thugs who enjoy the idea of sending innocent people to prison.

And most of my alleged "attacks" on the Kercher family consist of criticizing them for things that they have actually done.

When the Kerchers fight to prevent innocent people from getting a fair trial, it is entirely legitimate to condemn them for that.



Criticizing very bad people, for very bad things that they have actually done, isn't destructive behavior.

Nor is it particularly destructive for me to counterattack against Meredith when you thugs brutally attack Amanda. By counterattacking, I have greatly limited the number of your horrendous assaults.



First, the victims here are Amanda and Raffaele. They are the ones who were illegally held in prison for four years, and who are now being viciously libeled by evil thugs like you.

And second, justice is the last thing the Kerchers are after. The Kerchers only want to send innocent people to prison so they can steal their money.

And in fact, their efforts to send innocent people to prison resulted in Guede getting a massive sentence reduction.

Pretty much the very opposite of justice on every single front.



That depends. I am willing to contemplate the proposition that my defense of the innocent goes far beyond what a normal person would do.

But I certainly don't accept that your gleeful lynching of the innocent is how normal people act. Maybe it would be normal for someone in Italy (they're still trying to find a way to burn Galileo at the stake), but it's certainly not normal American behavior.

I would hate to live in a society where people are required to prove their innocence. Yet, some people persist in saying that Knox has not proven her innocence. The burden of proof applies to guilt, not innocence.

Ha haaaa....excellent.

So, let's say Italy finds Amanda and Raffaele guilty. The European Court of Human Rights is sure to stomp all over that, but in the meantime is the Kercher family going to be free to steal all of Raffaele's money, or will such asset transfers be frozen until things are settled in the European Court of Human Rights?

If the Kerchers get the money first, do they have to pay it back later, or is it on the Italian taxpayers to reimburse Raffaele?

Much as I want to see the Italian taxpayers bankrupted, I think it'll be horrible if the Kerchers actually manage to get rich off their efforts to send innocent people to prison.

If the Kerchers have to give the money back, what if they've spent some of it? Can Raffaele have their homes seized and sold off?

change.org petition

https://www.change.org/p/ministero-della-giustizia-of-italy-uk-foreign-commonwealth-office-and-the-us-department-of-state-please-investigate-the-activities-of-local-law-enforcement-authorities-and-consular-staff-in-the-aftermath-of-the-death-of-meredith-kercher-in-perugia-it

To the Ministero della Giustizia of Italy, UK Foreign & Commonwealth Office, and the US Department of State:

The case of The State vs. Amanda Knox and Raffaele Sollecito will come before the Italian Supreme Court on March 25, 2015 and we, an independent group of advocates, ask for your assistance. Please investigate the activities of local law enforcement authorities and consular staff in the aftermath of the death of Meredith Kercher in Perugia, Italy on November 1, 2007. There were multiple violations of national and international laws by the prosecution which undermined the rights of defendants Knox and Sollecito to a fair trial and denied justice to the family of the late Meredith Kercher. We ask that those responsible for perverting the course of justice be held to account. Full details of our complaint are set out in the appendix.

Please sign this petition if you agree.


I. We request that the Ministero della Giustizia of Italy carry out an Inquiry into the handling of the case by Perugian officials, or publish the Inquiry that was requested by Rocco Girlanda and other MPs in 2011, if it was carried out. The Inquiry should investigate the following concerns:

A) Allegations from Members of Parliament that the prosecution's evidence against Raffaele Sollecito and Amanda Knox is "contradictory and unreliable" which resulted in "unfair treatment of the defendants."

1) That the Perugian Authorities during the Investigative Phase (2007-2008) of Kercher's murder:

a) Suppressed and ignored evidence that should have been obtained from Miss Kercher's body, belongings or fixtures and surfaces in her bedroom.

b) Suppressed, manipulated or destroyed evidence that exonerated Miss Knox and Mr. Sollecito.

c) Interfered with and wiretapped witnesses without due cause.

d) Failed to ensure that Mr. Sollecito or Miss Knox had a lawyer present during their interrogations as required by law.

e) Failed to ensure that Miss Knox had a legally accredited interpreter present.

f) Failed to provide the defense lawyers or HM Coroner (UK) with factually correct information regarding the crime scene.

g) Were prejudiced against Miss Knox and Mr. Sollecito, subjecting them to mental and physical abuse, and illegally depriving them of their freedom.


B) Information that was known to be incorrect was used to influence a judge, thereby illegally depriving Miss Knox and Mr. Sollecito of their freedom between 2007 and 2011. Under Italian law, defendants are not imprisoned without good reason until a Judicial Truth is set down by the Italian Supreme Court at the end of the trial process. In this case, evidence was manufactured to this end.

1) There are multiple violations of national and international laws that should have protected Mr. Sollecito, an Italian citizen, and Miss Knox, a guest of Italy:

a) Italian Constitution: Articles 2, 10, 13, 15, 21, 24 and 111.

b) Italian Penal Code: Articles 368, 594, 595, 596, 597, 598 and 599.

c) Italian Criminal Procedure Code: Articles 64, 70, 97, 104, and 114.

d) Vienna Convention: Article 36.

e) The International Covenant for Civil and Political Rights (ICCPR): Article 4, Section 2.

f) The European Convention for Human Rights (ECHR): Article 6, Section 2, and Article 8.

g) Scientifically invalid evidence was introduced and misrepresented in court:

i) Against Mr. Sollecito, testing of Miss Kercher's bra clasp in DNA Batch Run 5.

ii) Against Miss Knox, testing of Mr. Sollecito's kitchen knife, DNA Batch Run 2, 36b.


C) Seepage from Civil proceedings into the Criminal trial process, which was unavoidable because they were held simultaneously in the same courts and before the same judges and juries.

1) The Civil trial entered evidence into court that had been denied in the Criminal trial, thereby denying the defendants a fair trial.

2) Open court heard, on multiple occasions, constitutionally excluded information with no filter between Criminal and Civil proceedings.


D) The implications of Rudy Guede's "Fast Track" trial process for defendants Miss Knox and Mr. Sollecito's separate trials. Miss Knox and Mr. Sollecito were accused of participation in Miss Kercher's murder at a trial in which they had no representation and were unable to challenge evidence presented there or cross examine Mr. Guede.

1) Mr. Guede is the only person to leave physical evidence in the room where the murder occurred.

2) Mr. Guede opted for an abbreviated trial which produced a Judicial Truth in 2010 that set down a ruling that said, in effect, "multiple attackers" killed Miss Kercher and that Mr. Guede was a "bystander."

3) Mr. Guede's Judicial Truth deprives Mr. Sollecito and Miss Knox of their inviolable Italian constitutional rights to a fair trial, a presumption of innocence and the right to confront witnesses.

4) Mr. Sollecito and Miss Knox were named as perpetrators in Mr. Guede's trials.

5) Mr. Sollecito and Miss Knox were not defendants in Mr. Guede's trials and, thus, had no legal representation and could not participate in that trial. Even so, they were bound by the finding of "multiple attackers" due to that Judicial Truth depriving them of any presumption of innocence in their own trials or any right to confront witnesses, including Mr. Guede.

6) Mr. Guede's Judicial Truth effectively condemned Miss Knox and Mr. Sollecito by ensuring that they'd be convicted at their own trials. Moreover, such a ruling, if left to stand, could eviscerate the constitutional rights of defendants in future split trials.


II. We request that the UK Foreign & Commonwealth Office launch an Inquiry into the activities of its diplomatic staff at the time of Meredith Kercher's death, November 1, 2007, to establish:

A) Whether the Kercher family were advised to retain their own lawyer and to commence simultaneous civil proceedings against any person or persons who were defending themselves against charges of murder.

B) What steps were taken to ascertain that the investigation into the death of Miss Kercher was being undertaken in a professional and competent manner.

C) What monitoring was carried out by the UK to ensure that the trial process was proceeding correctly and that justice for the Kercher family was being achieved.

D) If Her Majesty's Coroner received accurate information from the Perugian authorities, as outlined in Support for British Nationals Abroad, Article 41, 42 and 43, Section A and C.

E) If dispatches and other communication between the Italian government, the Foreign & Commonwealth Office and Her Majesty's Coroner, regarding Miss Kercher's case, can be released to the public under the Freedom of Information Act.


III. We request that the U.S. Department of State actively and closely monitor the case before the Italian Supreme Court and any further actions by the Italian judiciary against Amanda Knox to ensure that such proceedings are strictly in accordance with Italian and European law and established international standards of human rights; and to immediately and vigorously protest any further violations of law and/or abrogation of Miss Knox's rights as a U.S. citizen.

We further request the U.S. Department of State to launch an Inquiry into the activities of its diplomatic staff at the time of Meredith Kercher's death, November 1, 2007, to establish:

A) If Prosecutor Giuliano Mignini's legal actions against two American citizens (Douglas Preston and Amanda Knox) in eighteen months warranted an investigation by embassy staff and notification of the US Department of State.

B) If the Perugian authorities notified embassy staff in a timely manner that Miss Knox was being investigated for murder as outlined in US Foreign Affairs Manual, 7 FAM 426.2.1, Failure To Notify.

C) If advice and assistance given to Miss Knox and her family abided by 7 FAM 011a, Consular Protection of US Nationals Abroad.

D) If Protests were warranted regarding denial of due process, criminal evidence against and media character assassination of Miss Knox by the Perugian authorities under the guidelines of 7 FAM 425, Abuse And Maltreatment.

E) If Dispatches/Protests contained specific notifications regarding the violations of Miss Knox's rights under Italian and European law.

https://www.change.org/p/ministero-della-giustizia-of-italy-uk-foreign-commonwealth-office-and-the-us-department-of-state-please-investigate-the-activities-of-local-law-enforcement-authorities-and-consular-staff-in-the-aftermath-of-the-death-of-meredith-kercher-in-perugia-it

All your so-called facts can be disputed. Knox was there.

You deliver such dire arrogant efforts to make out Knox is your beloved sister who can do no harm. She’s a killer.

Knox’s book is pure fiction.

You are THE monster. Like Knox.

Yeah? She screwed a drug dealer she met on the train going into Italy.