TML fan said:
I think you've got CSI syndrome, Bender. You're so focused on the DNA evidence that you won't even consider other possibilities.
The judge in the initial trial ruled that the murder was carried out by multiple attackers (iirc) so where are the other attackers? WHY were the police trying so hard to implicate Knox? Corruption? To what end? Why did Guede implicate her in that letter he wrote in prison? Why did she implicate some random person? Why were her stories inconsistent? Duress? That was never proven. She could easily be lying. Why did they continue prosecuting Knox after they caught Guede? What purpose does that serve?
Just so were clear, I agree with overturning the verdict. There is not enough evidence for a conviction and I believe in that type of system of justice. I think, however, that there is more than enough reason to cast suspicion on her and question the validity of her story.
Edit: it's also entirely possible that she's completely innocent, and that there's no evidence because she simply wasn't there. I just don't buy it. I'm just trying to explain why I think the way I do.
No offense but forensic evidence has cracked open quite a lot of cold cases and has set a lot of people free when they were wrongfully accused. I've never watched CSI and I don't plan to. As far as I can gather it's mostly nonsense. What I used to watch avidly was a discovery channel TV show called Exhibit A: Secrets of Forensic Science, about real murders and police that used forensics to either catch criminals, or acquit people wrongfully accused. So I don't think the basis of criticizing me for getting all "CSI" about this is fair or accurate. I have considered other possibilities and I just find them farfetched and extremely circumstantial. There is no 100% hard evidence against them. If circumstantial evidence can get you imprisoned then there'd be a lot more innocent people in jail than guilty. However, I will try to touch on forensic evidence as little as possible here and focus on other aspects.
I've done quite a bit of research on the case personally and I'm familiar with the Milgaard and Truscott cases. If you read the Milgaard case you'll see people implicating Milgaard as well. Does that mean he did it? I think it's pretty safe to say he's an innocent man who was wrongfully accused. His own friends implicated him because the police threatened his friend that he was going to be considered a suspect as well.
The judge in the initial trial could not have accepted that there were multiple attackers because it would've been case closed. The point of the defense was to show that it was likely a single attacker, not multiple. The prosecution was to convince the jury that the attack was carried out by multiple attackers and that Knox and Sollecito did it. But I think she was classically railroaded: She made a statement that indicted Lumumba under coercion and duress without a lawyer or an interpreter and it was not recorded because she was considered a witness. I think this is a simple due diligence item that the police really should have accounted for. There's no way she would walk in there and state that it was Lumumba on a whim without some kind of coercion. The girl barely spoke a lick of Italian back then and this statement happened before they arrested Guede so the prosecutors were already incensed to make a case against both of them. She recanted her statement against Lumumba the VERY next day! Just one day. I doubt it was a change of heart. In general when people implicate someone they stick with it until it no longer works (Milgaard case for example). She said it was completely wrong and that she was coerced and under duress. An easy parallel is Milgaard's friend, who implicated Milgaard for the murder of Gail Miller. When Lumumba was cleared of all charges she stated she was happy he was let go and that something was going right in the case. Here is a link that explains some of the brutality of an Italian police interrogation: http://articles.cnn.com/2011-07-01/world/amanda.knox.author_1_giuliano-mignini-amanda-knox-sollecito-s-dna/3?_s=PM:WORLD
Guede is as unreliable as it gets. He stated that he was in Kercher's apartment in the bathroom when she was murdered. Then he took off to Germany. They found his bloody handprints and DNA matching him on the clasp of her bra. He cannot be relied upon for anything other than he stated he was in the room. Guede and Knox barely knew each other and Sollecito did not know him. I have a hard time believing that two scholarly kids would randomly try a sex act with a person such as Guede then kill Kercher for not wanting to join. This sounds like utter fantasy. He stated to Mario Alessi, another convict, that he acted alone. On the stand Guede said he didn't say that.
In my mind it's obvious he wouldn't implicate himself in the crime only. Why would he? He's a criminal and has a record for being a criminal. He pleaded guilty and had a reduced sentence. Doesn't that sound like he was trying to cut his losses? And maybe if he could implicate Knox and Sollecito they would be easier on him ala Karla Homolka.
The onus is on the prosecution to produce a case beyond a shadow of a doubt that Knox and Sollecito are responsible for Kercher's death. I don't think they were incompetent: They went with what they had, and they succeeded until the appeal for a re-examination. Under further scrutiny it was determined that the case against them was too weak to indict them. Classic Milgaard and classic Truscott.
I'm not saying there wasn't reason for suspicion. There are certain things I don't really know about the case and I can see why there would be suspicions against her. But I think the overwhelming body of evidence and the complete lack of evidence thereof against her (other than circumstantial) is reason enough for me to believe she and Sollecito are innocent.
So to recap
Police trying to implicate Knox: Sorry I meant prosecution. However, the police did a poor job handling the case.
Why? Incensed because they jumped the gun on evidence. People wanted blood after the beginning of her character assassination after her first police interrogation.
Who are the other attackers?: None. The whole case rested on 3 vs. 1 attacker. Rudy Guede is the lone attacker.
Why did Guede implicate her?: He's a completely unreliable con who was convicted of Kercher's murder. Flip flops many times, told 100% implausible story as to why he was in Kercher's room. Possibly could get less time for helping to convict Knox and Sollecito.
Why did she implicate some random person? Lumumba was implicated while she was under duress and coercion, without a lawyer or interpreter. She was a witness at the time and therefore the investigation was not recorded. However, I think the onus would be on the police in regards to this. If you're going to make someone sign a confession it should be recorded. This, in my mind, shows a lack of simple due diligence. A parallel can be seen in Milgaard case.
Why are her stories inconsistent? She stuck to her story afterwards. However, there are some issues due to her recollection of the night. There is circumstantial evidence here, but should not mean that she should be indicted or that she killed Kercher, especially in light of the overwhelming evidence against Guede.
Why did they keep prosecuting her: They thought they had a case. They ended up winning the case until the appeal revealed much inconsistencies with the evidence against her.
My question is if they did it why wouldn't they plead guilty with Guede? Guede ended up getting 16 years for expidited trial. Why wouldn't they do the same if the prosecution had a strong case in that they did it? Either the defense knew the prosecution didn't have a good case: Unlikely because the prosecution won the first time and the ran the risk of getting 25 years+ with no appeal! Or they really believed they didn't do it.
And this is all without the hard hitting forensic evidence that implicates Guede.