Saturday, December 11, 2010

Amanda Knox appeal will hinge on DNA test

US student convicted of killing British flatmate in tearful court appearance
Amanda Knox in court
Amanda Knox is currently serving a 26 year prison sentence for the murder of British student Meredith Kercher. Photograph: Pietro Crocchioni/EPA
Amanda Knox, the US student serving a lengthy prison sentence for the murder of her British flatmate Meredith Kercher, has launched an appeal against her conviction, lambasting the Italian legal system and tearfully insisting upon her innocence.
In a passionate speech before the jury in the Italian city of Perugia, the 23-year-old took aim at the prosecutors who had brought her to trial and handed her down a 26-year sentence.
"I am not the person the accusers say I am," she said. "They say I am dangerous, devilish, jealous, uncaring and violent. Their theories depend on this but I was never that girl. People who know me can talk of my real past, not that which is recounted by the tabloids."
Knox was convicted with her former lover Raffaele Sollecito in December 2009 of murdering 21-year-old Kercher from Coulsdon, Surrey. Their joint appeal, which began two weeks ago with a technical hearing, looks set to hinge on DNA evidence and new witness testimony. For Seattle-born Knox, the outcome is crucial.
"I have seen justice fail me. The truth is not yet recognised and we are paying with our lives for a crime we did not commit," she told the jury, who were riveted by the 14-minute delivery – Knox's longest in court to date.
"We deserve freedom like anyone here in this courtroom," said Knox. "I am innocent, Raffaele is innocent. We did not kill Meredith. Please believe that there has been an enormous mistake. There will be no justice for Meredith and her loved ones by taking our lives from us and making us pay for something we did not do."
Speaking Italian in a shaking voice and frequently comforted by her lawyers, a pale-faced Knox broke down as she claimed she was "honoured and grateful" to have known her flatmate Kercher, who was found in a pool of blood with her throat slit in Perugia in November 2007.
Days after Kercher's father complained his daughter had been forgotten while Knox was becoming "a celebrity", Knox, 23, told the court: "I want to say sorry to Meredith's family that she is no longer there." She added: "I can never know how you feel, but I have little sisters and the idea of their suffering and loss terrifies me."
Many were visibly moved by Knox's words. Her college friend Madison Paxton, sitting two seats behind Knox in court, brushed back tears.
"I have never been so proud of anyone in my life," said Paxton, who has moved to Perugia to be close to Knox and visited her in jail on Friday to talk over her speech with her. "I got tired of my best friend being in jail, it felt like I could fight for her better here than in Seattle," she added.
But not everyone was impressed. Guiliano Mignini, the prosecutor who described Knox as vindictive and jealous during her trial last year, watched impassively as she read from prepared notes, dressed in a grey and black jumper and jeans. Francesco Maresca, a lawyer representing the Kercher family, left the courtroom as Knox spoke. "She bores me," he said. "Her speech lacked substance, was designed to impress the court and was not genuine."
Following Knox's appeal, lawyers representing her and her former lover were faced with the less spectacular but more complex and crucial task of convincing judge Claudio Pratillo Hellman and the jury to allow reviews of disputed DNA traces found on a knife at Sollecito's house and on Kercher's bra strap, which were used to convict the couple. If Pratillo Hellman allows the new tests at the next hearing on December 18, Knox's chances of walking free will increase.
In a surprise move, police on Friday searched the prison cell of a new witness who Knox's lawyers are hoping will prove her innocence. Luciano Aviello, who is jail for mafia crimes, has claimed his brother Antonio – a fugitive from justice – killed Kercher. Aviello claims he contacted prosecutors three times in 2007 but was rebuffed.
Italian media reports stated investigators suspect Aviello may have documents showing he invented his claims.
Rudy Guede, a local drifter who was convicted separately for joining Knox and Sollecitio in the killing, mounts his third and final appeal on December 16.