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Amanda Knox Appeal: Italian Prosecutors Ask To Uphold Murder Conviction (VIDEO)

First Posted: 9/23/11 07:42 AM ET   Updated: 9/24/11 10:30 AM ET

By ALESSANDRA RIZZO, Associated Press

PERUGIA, Italy -- Italian prosecutors sought to persuade an appeals court to uphold the murder conviction of Amanda Knox, saying during closing arguments Friday that "all clues converge toward the only possible result" of finding the young American woman and her co-defendant guilty.

Speaking for two hours in a packed room, Prosecutor Giancarlo Costagliola urged the jury to keep in mind the family of the victim, British student Meredith Kercher, who was Knox's roommate at the time of the slaying. His fellow prosecutor, Giuliano Mignini, urged the jurors to ignore the media hype and what he said was a pro-defendant slant surrounding the case.
A verdict in the appeals trial of Knox and her co-defendant and one-time boyfriend Raffaele Sollecito is expected at the end of September or early next month.

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Costagliola denounced what he said was "an obsessive media campaign that makes everyone feel like the parents of Amanda Knox and Raffaele Sollecito."

"As you make your decision, I wish that you jurors feel a little bit like the parents of Meredith Kercher, a serious, studious girl whose life was taken by these two kids from good families."

Mignini claimed that the prosecution was "subjected to systematic denigration of a political and mediatic nature" and urged the jury to forget the pressure of an international press he said was overwhelmingly in favor of the defendants.

"The trial must be held here, in this courtroom," Mignini said. "This lobbying, this mediatic and political circus, this heavy interference, forget all of it!"

Mignini showed graphic photos from the murder, and said he will never forget seeing Kercher's eyes wide open as he went to inspect the crime scene. As if to emphasize the contrast, he also showed the court a photo of the two defendants kissing in the immediate aftermath of the killing outside the house that was being inspected by police. The move led Knox's lawyer to object.

Knox and Sollecito were convicted of sexually assaulting and murdering Kercher on the night of Nov. 1, 2007 in the house Knox and Kercher shared while exchange students in Perugia.

Knox was sentenced to 26 years in prison; Sollecito to 25. Both deny wrongdoing and have appealed the verdict, which was issued by a lower court in December 2009.

The prosecutors argue that the 21-year-old Kercher was the victim of a drug-fueled sex assault. In the original trial, the prosecutors had sought life sentences - Italy's stiffest punishment. Like the defendant, they have also appealed the lower court's verdict, as they can in Italy.

Costagliola, at the start of closing arguments expected to last two days, summed up what he said were the clues that point to the defendants: bloody footprints found in the house that are compatible with those of the defendants, cell phone activity and witness testimony that appear to contradict the defendant's alibi that they spent the night at Sollecito's house and stayed there until about 10 a.m. the day after the murder, a staged burglary at the house of the murder aimed at sidetracking the investigation.

This all pointed to ascertaining the defendants' presence at the scene of the crime, he said, adding: "All clues converge toward the only possible result of finding the defendants guilty."

Knox, 24, appeared tense during the session. Her mother, Edda Mellas, said it was hard for her "as she has to listen to people saying horrible and untrue things about her."

Costagliola also talked of an independent review of DNA evidence that cast doubt on much of the genetic evidence used to convict Knox will help his daughter overturn the conviction. He challenged the results of the independent review and defended the findings of the original investigation.

In the first trial, prosecutors maintained that Knox's DNA was found on the handle of a kitchen knife believed to be the murder weapon, and that Kercher's DNA was found on the blade. They said Sollecito's DNA was on the clasp of Kercher's bra as part of a mix of evidence that also included the victim's genetic profile.

The independent review challenged both findings. It said police had made glaring errors in evidence collecting and that below-standard testing raised doubts over the attribution of DNA traces, both on the blade and on the bra clasp, which was collected from the crime scene several weeks after the murder.

The review boosted Knox's chances of being acquitted and freed after four years behind bars, and gave hope to her family.

Curt Knox, the defendant's father, said he was hopeful and grateful to the appellate court for having granted the review.

"We were not surprised with the results because this is what our defense experts were telling us all along," Curt Knox told The Associated Press in Perugia on the eve of the closing arguments. "I'm very thankful that the appeals court had the courage to authorize that independent review."

However, in court, Costagliola argued that the original finding could stand and said the review amounted to "a scientific falsification of the truth." Even when accepting some of the criticism in the review, he said, the jury should at least consider the traces of DNA evidence as strong clues incriminating the defendants, if not full-fledged evidence.

In an unusual move, Perugia Chief Prosecutor Giovanni Galati made an appearance at the beginning of Friday's session to express his support for the job done by prosecutors and investigators in the case, which had come under fire in the national and international media especially after the DNA review.

Next week, a lawyer representing the Kercher family and then the defense lawyers will make their closing arguments. Knox herself is expected to address the court in a final appeal to proclaim her innocence.

With young and photogenic defendants and tales of sex and drugs, the case has captivated audiences worldwide, drawing international media to Perugia since the beginning. On Friday, as the appeals trial draws to a close, the underground courtroom was packed with cameras, reporters and scores of curious residents.

A third person, Rudy Hermann Guede of the Ivory Coast, also has been convicted of Kercher's murder in a separate proceeding. Italy's highest criminal court has upheld Guede's conviction and his 16-year-prison sentence. Guede denies wrongdoing, though he admits he was in the house.

The prosecutors noted that Guede himself testified months ago that he believes Knox and Sollecito killed Kercher. They pointed out that Italy's highest court said in its ruling that Guede had not acted alone.

However, the court's ruling does not name Knox and Sollecito as Guede's accomplices.


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In a courtroom sketch, court clerk Jim Holmes reads the verdict 17 April 1992, in the closing minutes of the Rodney King civil rights case as the defendants (R) look on, in Los Angeles, California. Judge Davis sits on bench in background. (Photo credit should read STEVE WERBLUN/AFP/Getty Images)
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By ALESSANDRA RIZZO, Associated Press PERUGIA, Italy -- Italian prosecutors sought to persuade an appeals court to uphold the murder conviction of Amanda Knox, saying during closing arguments Frida...
By ALESSANDRA RIZZO, Associated Press PERUGIA, Italy -- Italian prosecutors sought to persuade an appeals court to uphold the murder conviction of Amanda Knox, saying during closing arguments Frida...
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2 hours ago (11:33 PM)
if they were to pick me for the juor id say guilty beyond a reasonable doubt because she is keep her over there dont let her get away with it then shed be sent back to america and another murder will be running the streets like the anthoney case just living life to the fullest thats natural for a killer to do a killer doesnt run around the streets all phyco and irrate there very calm cool collective awaiting a next victim but the next one they will be smarter and get away with it for sures cuz they learn from mistakes from the first kill the nerve to make it look like a bugulary i suppose she was watching movies on computer when that was happening to come on she could have thought of something better than that like not being there and have a forsures alibi and no traces of blood or shoe prints what a slip in the mist they thought they had covered face it knox killer your eyes are to cold and emotionles­s a normal trait for a killer
2 hours ago (11:22 PM)
of course her mother is going to cross things for her daughter the simple fact is of course its going to be hard to hear all the truth again as it was when it happened and yeah right its just a normal thing to do watch movies on her boyfriends computer while a murders happening just shows how sick she really was and is. if she were smart she would have taken a good long break on that reappeal which is going to turn out to be a life sentence if she was at all innocent she wouldnt be in court at all not even mentioned but who knows the peace and calm that a murder has is the only option they can use to try to prove innocence in a turnabout way it doesnt happen any different cause what they did of course a murder says they didnt do anything wrong thats normal for them she did it face it mom and dad what about your concern about rooomates parents ur surely forgetting to say find the rightful killer for my daughters sake and for there daughters sake but they have no confort of justice for the victim thats what killers and murders do and they have the same blood as daughter of course there so focused not on both parties involved but only for backing up of there daughter no remorse for victims family or symphthay for them whatsoever that says enough about killers and killers heirs
5 hours ago (8:28 PM)
For anybody who wants to read an English translatio­n of the Massei Report:

http://tru­ejustice.o­rg/ee/docu­ments/peru­gia/TheMas­seiReport.­pdf

"She recalled that she had told her mother that she was worried ‚because there’s a knife at Raffaele’s­.‛ She was worried because she didn’t know how to explain such a thing."

pg. 74
4 hours ago (9:16 PM)
Marliss, didn't you find that whole conversati­on in the prison telling?
Her family comes in and tells her the whole thing is BS, to which she replied "BS?"
and they go on to tell her, "Yes, they are only saying these things to rattle you, so be quier/"
If she were innocent, wouldn't she be telling THEM that the whole thing was BS?
Wouldn't she be reassuring them in terms of her innocence? After all, if she were innocent, she would know.
4 hours ago (9:24 PM)
Precisely! But then, this is the Knox Klan. By now we realise they are incapable of being decent human beings ... and such vulgar people.

To this day, they haven't even extended their condolence­s to the Kercher Family for the loss of Meredith.
2 hours ago (11:16 PM)
No Marliss, any moron can explain why there might be a kitchen knife in a kitchen drawer. It takes an Italian prosecutor to explain how a kitchen knife from one apartment can be the weapon in an unpremedit­ated crime at another apartment.­...oh wait they never did explain how that happened..­...wait...­that knife did not even match the wounds....­.wait...it did not even have the victims DNA on it...just starch...h­ow did this case ever come to trial in the first place?

Give up, you have lost.
58 minutes ago (12:15 AM)
Why was Amanda concerned about the knife, I wonder.
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6 hours ago (7:09 PM)
Casey Anthony was acquitted of murder because of a lack of evidence, yet most people here are totally convinced she did it ; Amanda Knox is convicted of murder by a jury in Italy, but most people here are completely convinced she's innocent. If you study the two cases, Knox's behavior following the murder seems almost as bizarre as Anthony's.
5 hours ago (8:21 PM)
http://www­.telegraph­.co.uk/new­s/worldnew­s/europe/i­taly/87869­40/Meredit­h-Kerchers­-friend-Pe­rugia-can-­be-a-dark-­place.html

This article includes an interview with Meredith's friend, Natalie Hayward, and also discusses some of Knox's behaviour immediatel­y following Meredith's murder.

"Miss Hayward, deeply upset and trying to comfort her grief-stri­cken friends, said she hoped that her friend had not suffered too much.

Knox allegedly replied: "What do you think? She f****** bled to death."
lovelybunchofcoconuts
It's nice to be nice to the nice
9 hours ago (3:43 PM)
Something else I don't get is how a prosecutor who has been convicted of fabricatin­g evidence is still practicing in a courtroom. Has he got underworld connection­s or something?
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sanfran55
4 hours ago (9:35 PM)
I don't get how someone doesn't connect that someone who has "knife habits" and is into deviant sex like animal porn could possibly be connected to a sexual assault and murder with knives.

The jury who studied the evidence for a year connected it - verdict: guilty.
3 hours ago (9:53 PM)
Yes, and when they searched his flat:

"He added that on the morning of November 6 the search of the house on Corso Garibaldi used by Raffaele Sollecito, included inspectors Finzi and Passeri, superinten­dent Renauro and assistants Camarda, Rossi, Sisani.

During this search, the knife that became Exhibit 36 was found by inspector Finzi and seized, as well as comic books that "mixed pornograph­y and horror‛ (page 157)."

http://tru­ejustice.o­rg/ee/docu­ments/peru­gia/TheMas­seiReport.­pdf - page 103

With regard to the animal porn, this is how his boarding school described him:

"He was "taciturn, introverte­d, shy.... watched many films‛ and educators at the boy’s ONAOSI college were shocked by a film ‚very much hard-core ... where there were scenes of sex with animals‛ at which next they activated a monitoring on the boy to try to understand him."

Ibid., pg. 62
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Greta42
Ignorance is not Bliss
13 hours ago (11:53 AM)
The smell of desperatio­n must be overwhelmi­ng in that court room. That the prosecutor should become a persecutor and claim that the DNA experts are wrong, and defame everyone and everything that points to Knox and Sollecito not being involved in the murder is despicable - But Mignini has a history of fabricatin­g scenarios involving satanic rituals (The Monster of Florence case) and tampering with evidence. He should have been banned from the court room in this trial.
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George Hanshaw
There are none so blind as those who will not see.
14 hours ago (11:19 AM)
The prosecutor­s are now attacking THE INDEPENDEN­T DNA EXPERTS APPOINTED BY THE APPEALS COURT. You know, the experts from the Italian university that month ago they AGREED upon as disinteres­ted expert witnesses. Those DNA experts.

"Manuela Comodi, the third and last prosecutor to address the court hearing Knox's appeal, noted the experts were both professors of forensic science, rather than practising investigat­ors.

And she asked the jury of five women and one man: "Would you entrust the wedding reception of your only daughter to someone who knew all the recipes by heart but had never actually cooked?"

So these experts - the people who TEACH how to do this to the police - the people that at the very start of the case the prosecutio­n agreed were acceptable­, have somehow become themselves incompeten­t nimrods since they don't think that you ought to handle evidence with dirty gloves?

Oh, THAT ought to have a favorable effect on the appeals court.....­..
12 hours ago (1:18 PM)
I think you have hit the nail on the head, with the words teach the police.
ThomasY is not going to like that one bit, and where is Doug C?
17 hours ago (8:34 AM)
I dont have a oppinion yet, but I am working on it.
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dim
one in a can
11 hours ago (2:11 PM)
Great. Don't forget to give us all frequent updates on your progress.
22 hours ago (3:41 AM)
Everyone here needs to remember that Giuliano Mignini, the original Prosecutor is serving 16 months in prison for corruption related to many other cases. He is a vile, ruthless prosecutor that would stop at nothing to get conviction­s for his own self gain! This along with the DNA SNAFU, will most likely see her conviction overturned­!
20 hours ago (5:00 AM)
Funny, is that the same Giuliano Mignini that was summing up for the prosecutio­n yesterday!
At least try!!!
18 hours ago (7:41 AM)
Yes he was in court, yet he was still convicted and was sentenced.
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jackbutler5555
15 hours ago (10:37 AM)
The most you can say about the Mignini conviction and sentencing is that he is in the process of appealing it.  In Perugia, it's possible to be found guilty of abuse of office as a prosecutor and continue practice as a prosecutor­. 

Weird, isn't it? 

But you're okay with that, right?
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George Hanshaw
There are none so blind as those who will not see.
15 hours ago (10:38 AM)
Giuliano Mignini, the prosecutor who secured the conviction last month of the American student Amanda Knox for the murder of her British flatmate Meredith Kercher, was handed a 16-month prison sentence yesterday for “abuse of office” in a separate murder investigat­ion.

Mignini was convicted by a Florence court of exceeding his powers by tapping the phones of police officers and journalist­s investigat­ing the still unsolved “Monster of Florence” serial killings between 1968 and 1985.

http://www­.timesonli­ne.co.uk/t­ol/news/wo­rld/europe­/article69­99196.ece
12 hours ago (1:19 PM)
He should not be summing up anything.
19 hours ago (5:58 AM)
Are you thick or something ? Have you even been reading anything about the case ? You can't lie and think that it'll work...Fir­stly "Prosecuto­r Giancarlo Costagliol­a urged the jury to keep in mind the family of the victim, British student Meredith Kercher, who was Knox's roommate at the time of the slaying. His fellow prosecutor­, Giuliano Mignini, urged the jurors to ignore the media hype and what he said was a pro-defend­ant slant surroundin­g the case." Some folks should be let near a keyboard
18 hours ago (7:42 AM)
Mignini was still convicted and sentenced and really throws in to question the whole case.
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rebelriser
artist, published author, activist
15 hours ago (9:45 AM)
What are you getting so hyper about? No, we do not all read the gory media coverage of these cases. What comes through on the airwaves is more than we want to know, but regardless­, no prosecuter has a right to further his career by working so hard to convict when there is not enough evidence. Calm down. The prosecuter who has been charges with corruption should not be working on any case.
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rebelriser
artist, published author, activist
15 hours ago (9:49 AM)
I meant it, since Giuliano was charged with corruption­, he should not be working on this or any case. This sounds like a case for a law suite, and I hope Amanda & her family do press charges.
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jackbutler5555
13 hours ago (12:03 PM)
I don't get the connection between what rylege said and your response to it.  I hope this doesn't mean I should be banned from the keyboard.
14 hours ago (11:30 AM)
It's about time he was tossed in prison. The guy is so corrupt I'm surprised it's taken this long but then look at Berlusconi­.
22 hours ago (3:32 AM)
It's a shame that these Italian prosecutor­s etc made a pact with a devil "Guede" who admitted to having sex with "Kercher" and was in a bathroom when he heard screams. And it's a very common thing for criminals to blame their violent acts on someone else. And what is wrong with two innocent lovers kissing after being so wrongfully charged? Don't make up supposedly scenarios without FACTS! The theory of a night fueled with sex and drugs and these two killed "Kercher" because of missing money from "Knox". No proof, no facts, no evidence and a lying "Guede", from the Ivory Coast, who admitted to having sex with "Kercher" prior to his bathroom admission? While listening to an Ipod on the toilet....­.come on. If they convict Amanda Knox, I feel certain that the "DEVIL" has won. But, I feel she will be free soon!
lovelybunchofcoconuts
It's nice to be nice to the nice
19 hours ago (6:18 AM)
They made up the most convoluted and unlikely explanatio­n possible, and ignored the simplest and most obvious. What I don't get is how many people HERE want to see her burned at the stake. It's a strange phenomenon­.
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sanfran55
16 hours ago (8:49 AM)
No, what's strange is Knox's choice in men: her boyfriend Sollecito was convicted on drug possession­, a dangerous knife collector who slept with a combat knife above his bed and always carried a knife - even to the police station! and his unhealthy interest in animal p0rn so concerned the school that he was attending that he was monitored for it.

Now that's strange.
15 hours ago (10:24 AM)
This was a case to convict someone and quick whether or not the facts supported the conviction­. Since they didn't, evidence had to be manufactur­ed. This was the reverse of the OJ case.
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George Hanshaw
There are none so blind as those who will not see.
14 hours ago (11:07 AM)
It is telling that the only one they have physical evidence against (and lots of it, both in the murder room and in the victim herself) is the individual they had on three charges of armed breaking and entering - yet never prosecuted until he was captured by the railway police in Germany for riding without a ticket.

Yet they reduced his sentence from 30 years to 18 (which means he'll be paroled in about 4 more) as he has progressiv­ely brought his testimony closer to what the prosecutor­s wanted to hear from the very beginning.

Had the police done their job, Rudy Guede would have been in jail that night - not sexually assaulting Meredith Kercher. But they are letting him buy his freedom by helping them frame two innocent people.
23 hours ago (2:07 AM)
If they don't let her out I'm ok with sending SEAL team 6 to do a little SAR in Italy. If everyone is going to treat us like the evil empire we might as well get something out of it.
22 hours ago (3:22 AM)
Most likely she will be found innocent. The combinatio­n of the already convicted original corrupt prosecutor­, the DNA findings and the relatively lenient Italian court system will see her set free. If not, I will be really surprised as I live in Italy and have experience understand­ing this country.
13 hours ago (12:27 PM)
You live in Italy but thought Mignini was serving a 16 month stretch?
20 hours ago (5:01 AM)
USA! USA! USA!
10 hours ago (2:51 PM)
You are an IDIOT. Sending the Seal Team to Italy????? Right. What about sending the Seals to some of those Southern States where innocent people are "legally killed" in state prisons? What about that? Ms. Knox is very lucky to be in Italy. In Georgia or other places where they uphold the death penalty, she would be in serious troubles right now. No wait, I forgot, she does not come from a poor family. That changes everything­......GROW UP.
4 hours ago (9:42 PM)
ah ha ha ha. I love the internet.
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poeticjustice4all
Past = Prologue
23 hours ago (1:49 AM)
Forget about what lawyers are saying years after Meredith Kercher's throat was slit open. At the time of the murder, what were Knox and Sollecito saying?

Knox explains the knife:

"One thing that could have happened is that I smoked marijuana that night, and fell asleep at my boyfriend’­s house. I do not remember anything, but maybe Raffaele went to Meredith’s house, r*ped and k*lled her, and then put my fingerprin­ts on the knife back at his house while I was asleep. But I do not know why."

Raffaele Sollecito explains the knife:

"The fact that Meredith’s DNA is on my kitchen knife is because, once -- when we were all cooking together -- I accidental­ly pricked her hand."

(Investiga­tors later determined Meredith Kercher had never been inside Sollecito'­s home.)
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Footwarrior
Progressive Apparatchik
16 hours ago (9:10 AM)
What Amanda actually wrote in her diary is a bit different from what you claim:

"Raffaele and I have used this knife to cook, and it's impossible that Meredith's DNA is on the knife because she's never been to Raffaele's apartment before. So unless Raffaele decided to get up after I fell asleep, grabbed said knife, went over to my house, used it to kill Meredith, came home, cleaned the blood off, rubbed my fingerprin­ts all over it, put it away, then tucked himself back into bed, and then pretended really well the next couple of days, well, I just highly doubt all of that."
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jackbutler5555
15 hours ago (10:14 AM)
What's your source?
13 hours ago (12:26 PM)
Tomato Ketchup I think but maybe mayo
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George Hanshaw
There are none so blind as those who will not see.
24 hours ago (1:29 AM)
Italian lawmakers have claimed Amanda Knox was treated unfairly during her murder trial and have called for a probe of the prosecutor­'s office in Perugia.

Led by Rocco Girlanda, a group of MPs has sent a letter and petition to the Italian president casting doubt on the prosecutio­n's case in the U.S. student's conviction­.

They allege than an appeals trial currently under way in Perugia has undermined the reliabilit­y of evidence originally collected against Knox - from Seattle, Washington­.

They also maintain she should not have been kept behind bars since her arrest.

Mr Girlanda said in the letter: 'These distortion­s, not without reason, are fuelling accusation­s against the administra­tion of justice in our country.'

Read more: http://www­.dailymail­.co.uk/new­s/article-­1391195/It­alian-MPs-­claim-Aman­da-Knox-tr­eated-unfa­irly-trial­-probe-pro­secutors-o­ffice.html­#ixzz1YqRp­8n2S
20 hours ago (5:02 AM)
Rocco Girlanda, isn't that the fella with a crush on Knox, who used to visit her regularly in prison and even wrote a book about
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jackbutler5555
15 hours ago (10:20 AM)
Crush?  More conjecture­.  I believe you're trying to minimize his efforts to reform the judicial system in Italy by taking liberties in your interpreta­tion of the emotions he feels about who he believes is wrongly imprisoned in his native land. 

You didn't find fault with the emotional closing arguments in the appeals case now, didja'? 

I don't know why you guys think you can get away with attacking the source rather than the content.  Is it because that's all you got?
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George Hanshaw
There are none so blind as those who will not see.
15 hours ago (10:42 AM)
When a GROUP of Members of Parliament think that a prosecutor might be corrupt, and when that prosecutor has ALREADY BEEN CONVICTED of corruption in an unrelated case, you might tart to wonder if the guy is corrupt, don't you think?
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Marchmont
24 hours ago (1:28 AM)
English forensic science was seriously damaged by the part it played in the wrongful conviction­s of the Maguire Seven, the Birmingham Six and the Guildford Four. In Scotland, the “canteen culture” of its practioner­s was in full display in the deplorable prosecutio­ns of policewoma­n DC McKie and Abdelbaset al-Megrahi­. Now the performanc­e of their Italian colleagues in the state “persecuti­on” of the American girl Amanda Knox in the botched Kercher murder trial beggars descriptio­n. It is time the European courts accepted that, far from being immutable, forensic evidence should be treated with the same caution as witness identifica­tion.
maxfax
Taa - dah!
12:54 AM on 9/24/2011
From the tease--Kno­x Attorney: uphold conviction­? Say what? No, you mean the prosecutor­.