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Investigators: DNA at center of Knox appeal

by LINDA BYRON / KING 5 News

KING5.com

Posted on April 17, 2010 at 10:45 AM

Updated Saturday, Apr 17 at 5:15 PM

PERUGIA, Italy - Locked away in an Italian prison, Amanda Knox has been struggling emotionally since her murder conviction.

Knox's parents tell KING 5 their daughter was devastated by the 26-year sentence she received. But the appeal filed Saturday is giving the University of Washington student new hope.

"Amanda's lawyer this morning went in to visit Amanda and gave her their 201 pages of request of appeal. Amanda will be reading it.  She has started reading the motivations as well, she's I think looking forward for the battle," said journalist Giulia Alagna.

The battle will take place in Perugia, with the defense asking for Knox's release and the prosecution fighting to up her sentence to a life term.

We asked Italian attorney Alessandro Canali, who also practices in Washington,  to review the defense documents.

Linda Byron: In your opinion, does she have a good chance of winning her appeal?"

Canali: It is impossible to say because I think it depends 100 percent on the outcome of the forensic experts and the examinations.

LB:  This case will turn on DNA?

Canali: Yeah

There were wildly conflicting interpretations of the DNA during the first trial. Prosecutors told the jury that Knox, her Italian ex-boyfriend and a third man killed Knox's roommate, Meredith Kercher, during a drug fueled sex game and that DNA evidence proved it.
The defense countered that the DNA was flawed, and the crime scene contaminated.

KING 5 was in Perugia when the case took a pivotal turn last October. The judge denied a request for an independent court appointed expert to review the DNA collected at the crime scene and on a knife alleged to be the murder weapon.

Canali says it's likely the appeals court will grant the experts this time. 

"I think she has good chance to win the case after the new exams will be granted," he said.

LB:  And at that point they would have to release her.

Canali:  At that point they would have to release her.

There's a risk the second jury will agree with prosecutors that Knox got off too lightly. Still the 22-year-old student is said to be hopeful.

"The lawyer has also said she is happy to see a new chapter open, hoping that will be the definitive to get her out," said Alagna.

Another key issue is the question of motive. Over the year long trial the prosecution offered shifting explanations for the murder but always said it was premeditated.

The jury disagreed, finding the killing was basically a spontaneous act, without malice, which is why they gave Knox less prison time than prosecutors were asking for.

Tuesday is the appeals deadline. Within a few weeks, the court is expected to set a date a for a second trial.  The trial will likely start next fall and  focus solely on issues raised in the appeals.


 

 

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Comments: Displaying 1 - 15 of 37

harryrag said on April 23, 2010 at 12:47 PM

"Everything I have said in regards to my involvement in Meredith’s death, even though it is contrasting, are the best truth that I have been able to think." (Amanda Knox, 6 November 2007).

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jasmine1998 said on April 22, 2010 at 3:59 AM

Doesn't any of you that believe that AK is innocent find it funny that as Meredith's roommate her DNA is not in Meredith's room nor in her own room? This girl is as guilty of this crime as she can be, and who in the world believes that smoking pot makes you forget what you did, I don't buy that story. And why all the lies, accusing an innocent man of this crime? For those who believe this girl is innocent you really need to go read True Justice for Meredith. There was alot of evidence against AK and RS along with Rudy, The only difference is that AK and AR showed no sympathy towards Meredith's parents. If you were charged with a roommates murder and you were innocent wouldn't your concern be towards the victims family? I know mine would be. And Curt made a comment that they would not acknowledge the Kerchers until they knew Amanda was innocent of this crime. How sick can one family get? if this was my child I would still give my deepest sympathy to the victim's family

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tomrochelle said on April 19, 2010 at 1:37 AM

It was a physical impossibility to participate in this horrible crime without leaving substantial DNA evidence in the room where the crime took place. That's why Rudy Guede's forensic evidence is all over the room. After all, HE did the crime. Now, find one piece of irrefutable evidence that Amanda and Raffaele were in the room when the murder took place. Just ONE piece of IRREFUTABLE evidence that they were there. Like a bloody thumb print. You can't because they weren't there. Every piece of evidence that was offered by the prosecution was demolished by the defense. That's important because Amanda lived at the residence and Raffaele had visited several times. One needs to establish their presence in the room when the murder took place because she lived at the residence and he visited. They are both innocent. I know that the truth of that hurts some people. They want to believe what Amanda wanted to believe: that an innocent person doesn't get convicted.

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telman said on April 18, 2010 at 3:42 PM

These Kids that come from the United States to foreign lands just don't get it. There are some real high profiles in the news lately, like the young men who went to Pakistan to be Jihausts. Are they Guilty? Who knows. All these kids should know is that you are no longer going to pampered with our system of justice if you get in the dog house in other countries.

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nnevetts said on April 18, 2010 at 2:54 PM

siusir: I'm really am not sure why you are lashing out at me, as YOU seem to have another agenda rather than the case. I have spoken out on many cases in our world, this forum is specifically about Amanda. I do not reside in Seattle, I'm a resident of Los Angeles and again, why the personal attack? Amanda and her boyfriend have been held against their will by the Italian government for a crime with no evidence against them! You're ok with this? I understand different countries have different ways of prosecuting and in no way am I saying ours (U.S.) is the best, I simply feel justice is not being served and have spoken out. Please stop the personal attack as this is not about me, and educate yourself on the case.

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siusir said on April 18, 2010 at 2:27 PM

Sorry, I meant to say, "why AREN'T you speaking out for the American who's imprisoned in N. Korea?"

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siusir said on April 18, 2010 at 2:24 PM

nnevetts, if you have a problem with the Italian prosecutor, take it up with him. Don't try to turn a murder case into something political. I am sure Knox's family is more than capable of speaking out for her sake. Oh, why are you speaking out for the American who's imprisoned in N. Korea (8 years of hard labor, with no real trial either)? Is it because he's not from Seattle? Really, there are way too many things you should voice your support beside a marginally supportable character who had proven to be less than an asset to society. Get a life and go help a worthy cause! Also, how's the concept of "innocent until proven guilty" a democratic process? Well, I guess we can all forget about going to school, since there's Wikipedia.

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siusir said on April 18, 2010 at 2:11 PM

To all you mor*ns who keep on b**ching about the Italian justice system and keep using those pseudo-legal terms which might only apply to our system: go see the rest of the world, it's very different then ours. You act and react like how many foreigners see us: ugly Americans. How our systems, our values are always better than theirs. I don't know whether Knox is innocent and will pass no judgment on that. It does seem like she hung out with the wrong crowd. Her alleged indiscretion and promiscuity had cost great harm to herself. pain and heartaches for her family at the very least.

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nnevetts said on April 18, 2010 at 12:57 PM

I have followed this case the past year playing amateur sleuth at first, simply curious of the case as it drew so much attention. Then my curiosity turned to outrage as I read the police reports and followed the court procedings. It's a case about a prosecutors ego, who spent time building a case on Amanda and her boyfriend Rafaelle Sollecito, only to have his credibility scrutenized with the admission by Rudy Hermann Guede, who's semen and blood were also found at the crime scene, and inside the victims body. The prosecutor Giuliani Mignini is also being reviewed for a case where improper actions may have occurred on his part . I am asking everyone who believes in Amandas innocence, to boycott Italian products, and speak everytime they have the opportunity to have their voices heard. I do not know Amanda, but believe in the democratoc process of innocent until PROVEN guilty. This could happen to any of us. If you are unaware of the case visit the Wikepedia site to educate yourselves.

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roland1903 said on April 18, 2010 at 10:50 AM

After reviewing the evidence, it is so obviously to me that Amanda is completely innocent of the murder. The Italian justice system seems to me to be of the 3rd-world variety. Also, in these comments, I can understand if someone thinks that she might be guilty, but I find some of the comments on her as disgusting, and obviously written by vermin.

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stcrispy said on April 18, 2010 at 1:03 AM

We don't know if Knox and Sollecito were part of the murder or not. Really, only the three convicted know. There are two major aspects of the case that get us too far from reasonable doubt to convict. One is the lack of Knox and Sollecito dna in the room where the body was - contrasted with massive amounts of Guede's all over the room. The other is the very small amount on the so called murder weapon - an amount so small that it could have been contaminate from shared surfaces in the lab. Combined with inconclusive evidence that the knife actually *was* the murderc weapon. Things that people say under the stress of interrogation are so often refuted that only taped interrogations should be admissible in court. Unless you've sat in the hot seat, you can armchair quarterback about how you would handle it, but you don't have much of an idea. 14 hours, over a murder charge in a foreign country where you don't know the system, no attorney, second language = testimony worthless.

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margegunderson said on April 17, 2010 at 10:40 PM

lundgren, thank you, because it was sincerely a compliment and acknowledging that you're dead right even if I didn't word that part very well. :^D I don't know how as she's more than twice Knox's age, but they do look alike. She can even pull off that intense, beady-eyed stare of calculation effortlessly. And the sweet irony is, Hemingway is right about how old Knox will be when she breathes the fresh air of freedom.

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lundgren said on April 17, 2010 at 10:28 PM

@margegunderson: You're welcome.

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margegunderson said on April 17, 2010 at 10:10 PM

Most seem in consensus she's guilty as h*** and I absolutely agree. The evidence, particularly her own words - inconsistent and blatant lies - and behavior. I only hope the Italians are more evolved than many over here seem to be, and don't hold Knox against most of the rest of us, or judge Americans on Knox's vile behavior and utter lack of remorse. djkamerican, both ways you made your point are spot on - doing the time for doing the crime, and the travesty our justice system is gives us zero right to criticize other countries' systems. Everyone who says Knox would've walked had her trial been here only prove that point. lundgren, I read that about M Hemingway and immediately went to confirm she's pushing 50 (actually, she'll turn 49 this November) before responding to your outrageous comment. Then I saw her picture, and it absolutely startled me how much she resembles her! Seriously eerie! You'd swear they're related if you didn't know them and saw their pictures side by side.

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lundgren said on April 17, 2010 at 9:17 PM

I heard the American actress Mariel Hemingway will play this sick ***** in the movie version of this incident.

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lundgren said on April 17, 2010 at 9:00 PM

She's one sick daughter of a *****!

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boobiewah said on April 17, 2010 at 7:51 PM

The prosecution is going to appeal the light sentence she received and she is going to go from serving 26 years to serving a life sentence. Guilty. Look at all the evidence, look at how she changed one set of blatant and stupid lies for another set of lies, look at how she went out the next morning and bought bleach to try to clean up evidence....Guilty. I have spent many hours examining the evidence in this case, and I can tell you that Amanda is as obviously and as clearly guilty as O.J. Simpson was, and with just about as much evidence too. She is shame upon Seattle's good people.

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brucelee said on April 17, 2010 at 7:40 PM

This is what I don't understand. If my parents helped me study in a beautiful country like Italy, I would concentrate on my study, but I would never play some crazy@$$ sex game like some psycho perverts.

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brucelee said on April 17, 2010 at 7:38 PM

Punishment must fit the crime!

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brucelee said on April 17, 2010 at 7:37 PM

She's guilty! Crime must fit the punishment! An eye for an eye!

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bouncer22 said on April 17, 2010 at 7:24 PM

She wouldn't have been involved if something didn't happen. But I won't say that she's entirely guilty or that she got a complete and fair trial. Whether it took place in Italy or the U.S., a person should expect to have everything take place that could to either find them guilty or innocent (and anything in between). It is a fact that the Italian court system chose to not include pivotal information and evidence as reported in this trial. One of those was the outside DNA review. Why wouldn't a court system want to do this? Makes me thing their guilty because they didn't. To me this stinks of either a cover up or ignorance on the part of the italian courts. And you idiots on here It doesn't have anything to do with who won the presidency. Republican or Democrat, the same kind of crappy court decision would have taken place there.

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whatsyurbeef said on April 17, 2010 at 7:18 PM

skok whats a bong and how do you smoke it ?

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skok_cush said on April 17, 2010 at 6:25 PM

Wow, i know she's guilty. Smoke Your Bong & Sip Your Latte. Dont worry, ill pay enough taxes for you and your roomates. to live on.

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slugman said on April 17, 2010 at 6:01 PM

skok_cush, you make zero sense. Garbled nonsense. She's guilty, end of story. As to why Italy cares about non-Italians killing other non-Italians, it's because they are human beings, unlike American neo-fascists (so-called conservatives). And as to wasted taxpayer dollars, maybe you are referring to the trillions stolen from us by the republicans and their evil corporatist cronies? Or maybe the trillion stolen by neo-fascists and their war crimes in Iraq?

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skok_cush said on April 17, 2010 at 5:03 PM

Must be a snow News Weekend. Wanna do real Journalism how about the latest waste of Billions of TaxPayer Dollars in this State alone. Instead we get the latest of Knox and her Box. And to "Blanking", Italy isnt concerned at all, If it wasnt for US interest, she'da been raped and killed by the Higher Ups years ago. . . .poor little rich girl.

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telman said on April 17, 2010 at 4:38 PM

Poor little rich girl just wanted to have fun.

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graham said on April 17, 2010 at 4:38 PM

She did it & she knows she did

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trojan33 said on April 17, 2010 at 4:04 PM

Agreed.

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wittyname said on April 17, 2010 at 1:52 PM

Mafia explains that there is plenty of killing in Italy in response to unwantedguests post. That is all. I said nothing for or against anything in this story so I am not suggesting that she should get off or be prosecuted fully. Just simply stated that there is lots of killing plenty of killing in Italy. Although you bring up an interesting point when you say "If we don't respect their legal system then why should they respect us". Since the Mafia has in fact immigrated from Italy to the US in large mass and they certainly do not respect our laws since well before world war 2. A good counter to what I just said could be that during world war 2 the local Governments on the east coast used the Mafia to help defend against German agents. So now I am arguing for the both of us.

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dkjamerican said on April 17, 2010 at 12:45 PM

Sorry, ment to say can't do the time don't do the crime.

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dkjamerican said on April 17, 2010 at 12:44 PM

If you don't want to face other countries justice systems then don't go there, don't break their laws and if you don't complain. Just because our justice systems deport the criminals so the can return to repeat the crimes why should other countries follow suit.

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dkjamerican said on April 17, 2010 at 12:37 PM

What does Mafia have to do with this? If we don't respect their legal system then why should the respect us. Oh thats right, our justice system works for the criminal and not the victims.

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wittyname said on April 17, 2010 at 12:01 PM

"it"

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wittyname said on April 17, 2010 at 12:01 PM

Oreally? Explain what the Mafia is then and where is came from.

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unwantedguest said on April 17, 2010 at 11:20 AM

Because murder is not nearly as common there as it is in the good ol' USA?

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graham said on April 17, 2010 at 11:20 AM

Locked up for life 100yrs

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blankingout said on April 17, 2010 at 11:08 AM

Why is Italy so concerned over a (non-Italian citizens)foreigner's conviction of murder of another (non-Italian citizen)foreigner?

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