Knox judge faces allegations of impropriety

[Gothmog]

The idiot who was the main judge in the latest Knox trial gave a rather stupid interview to the Italian media last week. It appears that according to this idiot the jury came up with a motive for the crime all on their own. If that is the case, then in the US the case would be overturned due to jury misconduct.

It seems that the even under what passes for a justice system in Italy, it is not a good idea for a judge to give a press interview while a trial is still pending. http://news.msn.com/crime-justice/knox-judge-faces-allegations-of-impropriety

The judge who announced the guilty verdicts against Amanda Knox and her former boyfriend Raffaele Sollecito for murder is facing allegations of impropriety that could result in disciplinary proceedings.

Defense lawyers for Sollecito, Knox's co-defendant, said Monday they will request disciplinary action against Florence Judge Alessandro Nencini as a result of comments the presiding appellate court judge made on Sollecito's defense strategy to Italian media following Thursday's guilty verdict — and that the comments could form part of their planned appeal of the verdict.

"This is not a vendetta because a judge handed down a sentence other than what we expected," defense lawyer Luca Maori said by telephone on Monday. Maori said Sollecito's defense will ask the the magistrate's governing body, the Judicial Ministry, and Italy's supreme Court of Cassation to take disciplinary action, calling the comments on defense strategy a "serious" breach.

Knox defense lawyer Carlo Dalla Vedova said in an emailed statement that the interviews were "not appropriate," but he reserved comment on any action until the court's reasoning for the verdict is issued, expected within 90 days of the sentence. Knox's defense also is planning to appeal the verdict

Based on the evidence described in another thread, it is clear to me that this case would have never made it to a jury in the United States. It is also clear that it is the Italian media who had decided that Amanda Knox is guilty and that the facts in this case had little to do with the verdict. The giving of a press interview by the judge in this case is yet another example of the type of conduct that has caused me to conclude that the Italian justice system is a joke.

Again, judges do not give press interviews during a trial (which is still pending until the written explanation is delivered) and the judge should not be feeding the media frenzy that convicted Amanda Knox

[CBGLuthier]

1. To me, at least, an IDIOT is someone who talks about things they have no clue about

Like the italian justice system, for example.

[Gothmog]

2. I am a lawyer and I have been reading up on the Italian justice system

The fact that this system does not believe in the concept of the innocent until proven guilty and is still based on the Napoleonic Code are two of the main basis for my complaints. I have looked at the facts alleged by Fred Sanders in his threads and these facts are so weak that this case would never get to a jury. Many of the interviews of Knox used in this trial would have never been admitted in a trial in the US and the DNA evidence submitted in this case would not be admissible in the US.

As to the judge, it is a normal principle of jurisprudence that a judge does not comment on a trial while the trial is still going on. If a judge gave such an interview in the US, he would be removed as a judge. From the article cited in the OP, it appears that the attorneys for Knox and her co-defendant also think that this is a violation of what passes for judicial ethics under the Italian system.

I stand behind my opinion that the Italian justice system is a joke and that the evidence in the Knox case is too weak to justify a guilty verdict. In the US, this evidence would never make it to a jury

[OldHippieChick]

7. Thanks for your research. I hope

Amanda Knox' attorneys use every tool in their shed. This is all so incredible, even the UK sees the lack of justice.

[Wash. state Desk Jet]

3. It seems the judge came back with a followup comment

in attempt to clarify somewhat although remaining illusive in an utmost vague kind of way.
Somehow I suspect his comments directed to the media about the jury decision and something
about how it arrived at it is more of a reflection on his own doubt. In that suspect point I would guess his statement to the press was calculated rather than casual .

I would further venture a guess saying the courts reasoning for the verdict expected within 90 days will be as illusive and vague as whatever the hell the judge was saying or pointing to illusively in the vague most uninterpretable way. He's hinting about something and it's just not yet reachable without speculating.

So, it's a puzzle within a puzzle.
In 80 some odd says we should pick up some of the pieces and slide those pieces in place.
My goodness a picture within a picture.

And isn't that political.

[Cha]

4. thanks Goth

[Gothmog]

5. Here are two additional articles on the comments of this judge

According to one article, these comments will be used in any appeal http://www.foxnews.com/world/2014/02/03/amanda-knox-attorneys-reportedly-claim-judge-comments-showed-prejudice/

The legal case for Amanda Knox may have received a boost this week when the judge who presided over the American's second murder conviction spoke out about the verdict to an Italian newspaper.

Britain's Daily Mail reported that lawyers from Knox's defense team have threatened legal action and claimed that Alessandro Nencini's remarks show "clear evidence of prejudice." The paper also reported that Rodolfo Sabelli, the head of the Italian National Association of Judges, said Nencini's remarks were "inappropriate".

In an interview with the Corriere della Serra, Nencini was quoted as saying that he felt "liberated because the moment of the decision is the most difficult. I also have children, and inflicting a sentence of 25 and 28 years on two young people is emotionally very tough."

Evidently even the Italian press thinks that these comments are improper http://www.usatoday.com/story/news/world/2014/02/03/amanda-knox-judge/5183469/

Lawyers for Knox and Sollecito blasted Nencini for his remarks, as did the Italian press.

"The conviction is the result of a clear bias from the judges against the defendants and in particular against Sollecito," Luca Maroni, Sollecito's attorney, told the Milan newspaper Corriere della Sera.

Maroni said members of the defense team intended to study the judge's comments and other aspects of the trial to determine whether they should request last week's verdict be thrown out.

Sollecito's father, Francesco Sollecito, said: "If what I read was correct then we are facing an aberration of justice."...

Some Italians said they were embarrassed by the way the case has been handled.

"This case has been going on so long with so many irregularities that it's a shame there had to be another mistake now, with the judge, " said Audrey Perotti, 32, a municipal worker.

Bar owner Riccardo Gallo, 50, agreed.

"More has gone wrong in this case than right," he said.

Again, this conduct would not be tolerated in the United States. I really have some serious doubts about the Italian justice system and it appears that some in the Italian press are also having issues.

I stand by my opinion that the evidence presented on another thread was far too weak to get to a US jury. The case presented would not have survived a motion to dismiss in the United States.

I am not sure that the Italian government will even ask for extradition of Amanda Knox given the bad press that this case has given their system of justice. Sec. of State Kerry would have to sign off on any extradition and Kerry would have good grounds to reject an extradition request

[Cha]

6. Thank you! Will read them when I

have some time, G.

[Wash. state Desk Jet]

8. Haven't finished the recent articles about out door on business

but the boost is what I am getting at in that it may have been intentional on the judges part rather than an inadvertent casual statement misinterpreted on the perhaps as he stated.

Is it possible the the judge can be removed and if that happens would that mean the trial becomes a mistrial and if so would a new trial be ordered ? I mean how would that question translate in Italian law ?

And since this case has been ongoing since 2007 it could be about dragging it out until after the 2016 elections.

There is plenty at stake on Italy's end in this.
Which means it is most likely not at all about guilt or innocence right or wrong.
The procedural process in this case is quite monstrous.
In fact it is evil.

If that judge had no doubts about the verdict, he would also have no conscience.

[davidn3600]

11. Yes, the Italian Court of Cassation can order yet another trial

There is no end until the Court of Cassation finalizes a verdict or the prosecution gives up. It's up to that court on whether the actions of this judge tainted the trial or verdict.

But that isn't necessarily different than in the US system. After a trial and a guilty verdict, it gets appealed to the court of appeals. If that court determines problems with the trial, that court can order a new trial. Our Supreme Court has said this does NOT violate the double jeopardy clause of the Constitution. When you are convicted and the verdict is tossed, that does not mean you are acquitted...it basically means the verdict never happened. It is a mistrial. Many times in this situation, the defendant may even be released from prison until the next trial takes place.

Now if you are acquitted in the first trial, then that's usually considered the end of the road in the American system. That would be double jeopardy to have another trial after acquittal in a first trial. In most European systems, that acquittal can be appealed. However, the problem for Knox was she was convicted in the first trial. So that's leading to some division and debate among law experts in this country whether this is truly a case of double jeopardy or not.

[Wash. state Desk Jet]

12. Thank you ,that is what I wanted to know.

Last edited Tue Feb 4, 2014, 12:12 AM - Edit history (2)

It has always been my belief that the guilty verdict to begin with was all about sealing the deal.
That was over turned and as a result of that the only way to get Knox back to Italy is the process of extradition.And of course the prosecution will use her not returning to Italy on her own as a means to twist that into an admission of guilt in some slanted way or other.

Double jeopardy of course does not apply.. So naturally along the lines of extradition it comes down to rather or not the U.S. will comply. No one can predict rather we will or won't or why we should or should not. I say predict because it comes down to politics not law . It would be a political decision one way or the other. As to fallowing extradition agreements there is always the option to refuse, has always has worked that way.


To your point about the original guilty verdict, I have no doubt the prosecutor in the trial served
out his obligations to those he serves because what he serves has nothing what-so ever to do with justice.

When somebody wins somebody loses and it is not just the prosecution that loses in this case if and when it does lose.

Basically what I' m getting at is the guilty verdict to begin with meaning the first trial was a prearranged verdict which serves those the prosecutor serves and the people were simply pawns in the process.

How so ? Media manipulation . Remember tabloids ?

And they are doing a bang up job of keeping their show on the road.
Wheeling and dealing in jails and prisons is no secret and a rat will say anything or do anything to get the gain.

I should think thats a credible statement.

Over in Portugal they stuck the chief of detectives face out in front of it. In Italy they stuck the prosecutors face out front.

Witch's and she devils and satanic worshipers and summing it up with the statement that the crime was evil instigated by evil itself.

One of the tabloids over there in the UK has a big front page picture of Amanda Knox and the caption says-Shameless In Seattle.
Heres a clue- that cop in Portugal published a book about his investigation into the McCann kidnapping-it sold 120 000 copies almost overnight, but little to few outside of Portugal.The book has since been removed from the shelves.

He resides in France now and is being sued and investigated. He says he is in France because it is better for his family if he is out of the country. He too says he has a wife and daughter and he too wants you to believe he is human and not animal. You meaning whoever would like to buy into his bull shit. He's fallowing his fantasies of becoming a revered crime novelist.Thing of is, nobody believes him other than those people in Portugal that were quite literally hornswoggled.
Brainwashed you might say.

But thats a different case.

[alp227]

9. K&R + more sources if you're not a fan of MSN news

The Independent

AP

RAI News (Italian)

[Gothmog]

10. Thanks

I will read these articles tonight

[Gothmog]

13. The Italian authorities are investigating the idiot judge who gave this interview

http://worldnews.nbcnews.com/_news/2014/02/04/22568093-italy-to-investigate-amanda-knox-judge-over-not-appropriate-comments-to-media?lite&ocid=msnhp&pos=4

Italy's Justice Ministry said in a statement on Monday that Justice Minister Annamaria Cancellieri had asked the inspector general to look into the judge's comments to the press.

The AP also cited a report by the Italian news agency ANSA saying members of the magistrates' governing body in Italy will request their own inquiry. According to the report, the governing body said Nencini had violated several legal codes of practice and that his comments suggested "partiality."

Nencini was part of the legal panel that on Thursday sentenced Knox to 28 years and six months and Italian Sollecito to 25 years for the murder of British student Meredith Kercher in 2007.

[riderinthestorm]

14. Interesting development. Thanks for adding some knowledgeable expertise nt

[Gothmog]

15. Here is an update-the verdict is going to be challenged due to these comments from this idiot judge

Again, the judge in this case is an idiot. Amanda Knox was not convicted on the basis of the facts or evidence but due to the Italian's press and the publicity concerning this case. The judge is in effect confirming this and the attorneys for Knox and here co-defendant are indicating that they will challenge this verdict on the basis of the judge's bias. http://www.theguardian.com/world/2014/feb/02/amanda-knox-judge-raffaele-sollecito-lawyers-remarks

But Sollecito's lawyers went further, saying they were appalled by the judge's words, with one saying the CSM should not only consider bringing disciplinary action against him but also question the legitimacy of the verdict itself.

"The conviction is the result of a clear bias on the part of the judges against the defendants, and in particular against Raffaele Sollecito, and that interview proves it," defence lawyer Luca Maori told Corriere della Sera.
Maori said Sollecito's legal team would consult him on Monday about what action to take. They and Knox's lawyers have said they will appeal against the verdict, which will take the case once again before Italy's highest court, the court of cassation.

It is able to quash a lower court's verdict if it finds errors of law were made, as it did last March when it annulled the pair's 2011 acquittals and ordered the Florence appeals court to retry the appeal.

Giulia Bongiorno, Sollecito's chief defence lawyer, criticised Nencini for commenting on the circumstances of the 2007 murder of Kercher, a 21-year-old Leeds University student on a year in Perugia, claiming his remarks pre-empted his written reasoning.

In the US, the conduct of this judge would be grounds for automatic mistrial. Even in Italy, these comments are improper.