<![CDATA[meredith-kercher - Law Offices of William W. Bruzzo]]> https://www.bruzzolaw.com/blog/tags/meredith-kercher/ Tue, 15 Oct 2024 00:45:39 GMT en-us <![CDATA[New Evidence Revealed in Amanda Knox Case]]> https://www.bruzzolaw.com/blog/new-evidence-revealed-in-amanda-knox-case/ https://www.bruzzolaw.com/blog/new-evidence-revealed-in-amanda-knox-case/ Wed, 23 Jun 2010 15:43:00 GMT Who can forget the infamous case of Amanda Knox, the young American girl sentenced to 26 years for brutally murdering her British roommate while studying abroad in Perugia, Italy? Well, an interesting twist has now developed in this sordid tale which may help Knox’s appeal. An Italian mobster currently serving time, has given a videotaped…

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Amanda Knox Case

Who can forget the infamous case of Amanda Knox, the young American girl sentenced to 26 years for brutally murdering her British roommate while studying abroad in Perugia, Italy?

Well, an interesting twist has now developed in this sordid tale which may help Knox’s appeal. An Italian mobster currently serving time, has given a videotaped statement saying his brother, not Knox, killed the 21-year-old Meredith Kercher back in 2007.

Luciano Aviello said he tried contacting the Perugia court three times last year with his story, but was unsuccessful. He finally gave his statement to Knox’s attorneys last month when they visited him in the Italian prison, which will be used by Knox’s lawyers in her upcoming appeal.

Aviello, who comes from Naples, is a member of the Mariano crime family and is currently serving 17 years for his association with the mafia. He has testified against the mob in several criminal trials, but always from behind a screen so as to protect his identity for fear of retaliation.

In his statement, Aviello points the finger at his brother, Antonio, for the murder of Kercher. He says that Antonio confessed to him about killing Meredith and then asked him to hide a blood-stained knife and set of keys. Knox’s attorneys say Aviello’s information is significant and worth investigating, since the keys to the house where Kercher and Knox lived were never found.

]]> <![CDATA[U.S. vs. Italian Justice: Which Would You Prefer?]]> https://www.bruzzolaw.com/blog/u-s-vs-italian-justice-which-would-you-prefer/ https://www.bruzzolaw.com/blog/u-s-vs-italian-justice-which-would-you-prefer/ Mon, 14 Dec 2009 01:25:00 GMT On December 4, 2009, an Italian jury found American student Amanda Knox and her Italian boyfriend Raffaele Sollecito guilty on all counts in the stabbing death of British exchange student Meredith Kercher. Knox was given a 26-year sentence; Sollecito was sentenced to 25 years. Both will be appealing their cases. In the meantime, below is…

]]> On December 4, 2009, an Italian jury found American student Amanda Knox and her Italian boyfriend Raffaele Sollecito guilty on all counts in the stabbing death of British exchange student Meredith Kercher. Knox was given a 26-year sentence; Sollecito was sentenced to 25 years. Both will be appealing their cases. In the meantime, below is a brief comparison of U.S. vs. Italian Justice. Which would you prefer?

The former University of Washington student was arrested in November 2007 and charged with the murder of her British roommate while in Perugia, Italy studying abroad. Police arrested Knox and Sollecito soon after Kercher’s death, along with Guede, a native of the Ivory Coast who opted for a separate, fast-track trial and was convicted of murder and attempted sexual assault back in October 2008.

Unlike the American justice system, in which appeals center on issues of law, in the Italian system, appeals are automatic and defendants can ask to retry their entire case in the first round of appeals. From there, the case can go to Italy’s highest court, which is required to hear every appeal. However, it may be years before a definitive sentence is reached.

Ms. Knox and Mr. Sollecito were held in jail for a year before prosecutors moved to formally charge them with sexual assault and murder. This was not unusual– in Italy, a suspect can be held for up to 12 months without being charged with a crime. Fortunately in the U.S., for suspects who are in custody, speedy trial laws typically require prosecutors to file charges, if at all, within 72 hours of arrest. Some jurisdictions require prosecutors to charge a suspect even sooner. For example, California requires that charges be filed within 48 hours.

When a case finally goes to trial, the accused do not swear an oath as in the American courts and are therefore under no obligation to answer questions truthfully. The defendant, who is permitted to interrupt the proceedings or refuse to respond at any time, is expected to lie, legal analyst Lisa Bloom reported on CBS News. The trial has also taken nearly a year – long by American standards but fast by Italian standards.

As in the U.S., the Italian constitution calls for defendants to be presumed “innocent until proven guilty.” However, the supremacy of the prosecutor essentially negates this presumption. The Italian prosecutor, Guiliano Mignini, is under investigation himself for the abuse of power. However, this did not prohibit him from acting as the prosecutor in Ms. Knox’s trial.

The Italians also don’t afford the luxury of unanimity available in most state courts. The jurors’ decision called a sentence (referred to as “verdict” in the U.S.) is determined by a majority vote of eight jurors –six ordinary citizens and two judges. Only five have to utter the word “Si”. Dissenting opinions are not made public; however, an official explanation for the majority opinion must be rendered in the next 90 days.

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