Miscarriage of Justice? Open debate
Knox trial in Italy
by Andrew E. Whittington PhD FRES*
From an armchair view point, the conviction of Amanda Knox and boyfriend (Raffaele Sollecito) with a sentence of 26 and 25 years imprisonment respectively, plus severe financial penalties, appears to be a miscarriage of justice.
The DNA evidence, described in NewScientist (http://www.newscientist.com/article/dn18215-knox-murder-trial-evidence-flawed-say-dna-experts.html) and alluded to in the BBC (http://news.bbc.co.uk/1/hi/world/europe/8389940.stm), points to a trivial presence of DNA, perhaps transfer from the casual acquaintance between the victim and the accused.
Yet, it seems that the courts dismissed this expert advice in favour of media hype and hyperbole. In addition, there was dismissal for no clear reason, of the alibis of both accused. ‘In Seattle her grandmother, Elisabeth Huff, added: “They didn’t listen to the facts of the case. All they did was listen to the media’s lies.”‘ BBC- http://news.bbc.co.uk/1/hi/world/europe/8396826.stm
Knox’s family interview post verdict speaks of the emotion and pent up feelings left by this weak and contradictory verdict (http://news.bbc.co.uk/1/hi/world/americas/8396796.stm).
On the other hand, the Kercher family are reported to be “pleased” with the verdict. Well, of course, they have come into a lot of money, but it is hard to understand why they didn’t find closure in the conviction in October last year of the former boyfriend (Rudy Guede) of murdered Meredith Kercher. Instead, their Lawyer’s statements after sentence was passed on Knox and Sollecito suggest that they were seeking more than simply justice (which was already served with the conviction of Guede): ‘Miss Kercher’s family lawyer, Francesco Maresca, said they were satisfied with the verdict. He said: “They got the justice they were expecting. We got what we were hoping for. “With what we got with the Guede sentence last year, we have obtained truth and justice for this tragic event.”‘ BBC - http://news.bbc.co.uk/1/hi/uk/8394750.stm
Of particular alarm is the action of the Italian courts: ‘The closing speech of prosecuting magistrate Giuliano Mignini is a good example. To the genuine surprise of the court, he changed key facts put forward at the beginning of the case. He moved the official time of the murder back an hour to around 2330 and modified the motive.’ BBC- http://news.bbc.co.uk/1/hi/world/europe/8396433.stm ‘Miss Knox’s father, Curt Knox, insisted: “Our attorneys have more than presented evidence that would show that she’s innocent.”‘ BBC- http://news.bbc.co.uk/1/hi/world/europe/8394737.stm
Can we, as international practitioners of forensic science stand by and let this happen? Is it indeed a miscarriage of justice? We don’t know the full facts of course, but I rather think we haven’t heard the end of this case.
*Dr Whittington is a Consultant Entomologist; Honorary Fellow of the School of Molecular and Clinical Medicine, University of Edinburgh; Adjunct Lecturer, Department of Medicinal Chemistry, College of Pharmacy, University of Florida; Registered Expert Advisor (EA), National Policing Improvement Agency (NPIA).
Dr. Whittington will moderate this debate.
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