Originally scheduled for the 4th December 2008, the trial is now rescheduled for the 16th January 2009, in order to allow more time for the filing of the case reports and evidence[/center]
Yummi wrote:The Charges (as English translation of the formal accusation against the two defendants)
At the conclusion of the preliminary hearing, in the case referred to:
Amanda Marie Knox
of the crime to which articles 110, 575, 576 paragraph 1(5) Penal Code apply, of having in complicity amongst themselves and with Rudy Hermann Guede, killed Meredith Kercher , by means of strangling and consequent breaking of the hyoid bone and deep lesions to the left anterio-lateral and right lateral regions of the neck, with a weapon with point and length in which head B applies and thereby meta-haemorhaegic shock with a significant asphyxiation component secondary to the blood loss and taking advantage of the nocturnal hour and of the isolated location of the apartment held under lease by the same Kercher and the same Knox, as well as by two Italian girls (Filomena Romanelli and Laura Mezzetti), an apartment located in via della Pergola 7, Perugia, committing the act for futile motives, while Guede, with the complicity of the others, was committing the felony of sexual assault
of the offence to which articles 110 Penal Code, 4 Statutes 110/1975, of having in complicity amongst themselves carried out from the house of Sollecito, without justified reason, a large knife with sharp point and blade long 31cm totalling (seized from Sollecito on 6 November 2007)
of the crime to which articles 110, 609 (b) and (c) (2) Penal Code apply, of having in complicity amongst themselves and with Rudy Hermann Guede (Guede the main mover, in complicity with the co-accused), forced Meredith Kercher to suffer sexual acts, with manual and/or genital penetration, by means of violence and threats consisting of manoeuvrings of restraint productive of lesions, in particular to the upper limbs and lower limbs and in the vulvar region, as well as in the usage of the knife
of the crime to which 110, 624 Penal Code apply because in complicity amongst themselves to secure for themselves an unjust profit, in the circumstances of the time and the place that they took possession of the sum of approximately 300 euro; of two credit cards, from Abbey Bank and from Nationwide, both of the United Kingdom; and of two cell phones, the property of Meredith Kercher, removing them from the same she who had been holding them
of the offence to which 110, 367 and 61(2) Penal Code apply, of having in complicity amongst themselves simulated attempted burglary by break-and-enter into the room of the apartment of via della Pergola 7 occupied by Filomena Romanelli, breaking the glass of the window with a rock taken from the vicinity of the house that came to be left inside the room, close to the window, for the purpose of assuring themselves impunity from the crimes of murder and of sexual assault, attempting to attribute the responsibility to unknown intruders who entered, to that aim, inside the apartment
facts having taken place in Perugia, during the night of 1 and 2 November 2007
Amanda Knox, in addition
of the offence to which articles 81, 368.2 and 61(2) Penal Code apply because with multiple actions carried out under the same criminal design, knowing him innocent, with a claim arising during the course of statements rendered to the Flying Squad and to the Police Headquarters of Perugia on the date of 6 November 2007, falsely accused Diya Lumumba called "Patrick" of the felony of murder in detriment of the young Meredith Kercher, all to the end of obtaining impunity for all and in particular for Rudy Hermann Guede, he also of colour like Lumumba
facts having taken place in Perugia on the night between 5 and 6 November 2007
the remand to be judged before a Corte di Assise of the accused
Amanda Marie Knox
for the crimes above-mentioned
as to the appearance of the aforesaid accused, the hearing on the 4th day of December 2008 at 9am.
Perugia 28 October 2008
The Judge for the Preliminary Hearing, Dr. Paolo Micheli
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Damian wrote:Court of Assize
Il Messaggero. 31.10.2008. Journalist; Christiana Mangani.
Giancarlo Massei, fifty-eight years old, President of the Court of Assize, will preside over the trial of Amanda Knox and Raffaele Sollecito, probably with Carla Giangamoni at his side. The trial will start on December 4 and will be held in a room big enough to hold a large number of people. The first hearings will be open to the public. Judge Massei is currently presiding over another trial which has stirred public opinion, that of Roberto Spaccino, who is accused of murdering his eight-month pregnant wife. The same judge also convalidated the arrest which sent Luigi Chiati, the ‘monster of Foligno’ to trial. At the time he was a Gip and also heard the first-track trial of the kidnappers of Augusto De Megni. He was also involved in some of the investigations into Giulio Andreotti. It not much more than a month, he will be flanked by five jury members, the names of whom were extracted at the start of the year. They will be called to decide whether Amanda and Raffaele are guilty or innocent of the murder of Meredith Kercher.
Paolo Micheli’s reasons for keeping the two in prison will arrive at the court as will the evidence in the decree which sent them to trial. The judge ruled that there was a risk of them fleeing and committing the crime again, for ‘the contempt of other’s lives’ that they have shown and ‘the biased chain of solidarity for Knox in the United States’. Members of the young woman’s family however, have said they have nothing to do with this public support.
Judge Micheli has suggested that the Court of Assize could ask for a new report to evaluate the results of those of the defence and the scientific police. The seventeen page document which explains the reasons for keeping the two in prison disappointed the defence teams and family members of the two suspects. ‘It’s not a guilty verdict’, they said, ‘It will be a long battle. We still have many cards to play’.
Damian wrote:Still Investigating the Couple-The Prosecution Identifies Other Witnesses
La Nazione 05.11.2008 Journalist: Erika Pontini
(Translation by Passerrota)
There are new investigations, and most of all, new witnesses to shed light on the still obscure aspects of the murder of Meredith Kercher, violated and killed one year ago. The investigative machine doesn’t stop, even after the indictments of Amanda Knox and Raffaele Sollecito, and the condemnation of Rudy Guede to 30 years in prison. All three were there that cursed night, according to Judge Paolo Micheli.
This is about people capable of “committing crime with little thought and absolute contempt for others” wrote Judge Micheli, as he rejected the request for release of the couple. The Prosecution has quickly restarted with additional investigative activity in view of the trial in the Court of Assise on December 4th. Obviously they have protected the evidence, but it seems that the police (in this case the Flying Squad) and the Public Prosecutors, Giuliano Mignini and Manuela Comodi, have identified still more witnesses that would make up part of the list of people that could be heard in the Court of Assise. It’s a list the prosecutors are already compiling. But the new witnesses could serve to, most of all, fit together all the pieces of this difficult puzzle of a crime.
It’s almost certain however, that the defense teams of Knox (Luciano Ghirga and Carlo Dalla Vedova) and Sollecito (Giulia Bongiorno, Luca Mori, and Marco Brusco) will lay blame on the testing techniques – as already foreshadowed in the preliminary hearing – by challenging the Court, led by Giancarlo Massei (and on the side, possibly Judge Carla Giangamboni). The lawyers will point to the biological analyses (Judge Micheli said however that he didn’t believe the theory that key pieces of evidence – the bra clasp and the knife – were contaminated) and the testing techniques. In particular for the way the locations of the victim and the suspects can be determined by their cellphones, and on Raffaele’s computer.
Sollecito has always maintained that on the night of the crime he was at home at via Garibaldi, with Amanda, and they watched “Amelie,” then two episodes of the cartoon Naruto. Human interaction on the computer was not identified, however, by the Postal Police. Meanwhile after the refusal of the request for release, with a harsh precaution of motivation, the defense teams of Knox and Sollecito have not yet petitioned the Court of Appeals.
AGI NEWS wrote:MEREDITH: TO HEARING OF DECEMBER 4
(AGI) - Perugia, Nov. 19 - Even the provincial capital of Digos, with the new manager Lorenzo Manso (40 years, vice Quaestor added the State Police, a native of Florence, which happens aa Salvatore Francesco Barba promoted first manager and now engaged in way on the School of Police of Rome - ndr), and 'was recorded on preventing problems of order and public safety, in view of next December 4, when Amanda Knox and Raffaele call will appear before the Court of Assizes of Perugia' s beginning of the process that sees them as co-authors accused of murder of Meredith Kercher.
L'udienza si terra' nell'aula degli Affreschi, a Palazzo di Giustizia, una delle piu' ampie a disposizione; sara' necessario e, forse, neppure sufficiente, visto che l'attenzione popolare, stimolata dai media del mondo, sara' come sempre massima. The hearing will be held 'nell'aula of Frescoes at the Palace of Justice, one of the most' wide available, will be 'necessary and perhaps not even enough, attention since the popular, fueled by the media in the world, sara' As usual maximum. Non soltanto il pubblico vorra' presenziare ma anche gli operatori della comunicazione italiani e stranieri con le varie troupes; a tale scopo il procuratore generale Giancarlo Armati, coadiuvato dal presidente del tribunale Mario Villani e da quello della sezione penale Giancarlo Massei, sono chiamati a predisporre un piano che non ostacoli l'espressione della giustizia ne' crei alcun tipo di disagio. Not only the public Vorra 'present but also the operators of Italian and foreign communications with the various troupes, to that end, the prosecutor Giancarlo Armed, assisted by the presiding judge Mario Villani and that of Giancarlo Section Criminal Massei, are called to prepare a plan that does not impede the assurance of justice 'create any kind of discomfort. A presiedere il collegio giudicante, lo stesso presidente della sezione penale Massei e, come giudice a latere, Carla Giangamboni. A chair on the bench, the president of the Criminal Section and Massei, as a side judge, Carla Giangamboni. E' stata varata la lista dei giudici popolari che presteranno giuramento in apertura dell'udienza. E 'was launched the popular list of judges who take an oath at the opening of the hearing.
Tuttavia, sulla data, c'e' chi ipotizza uno slittamento. However, time, there 'who assumes a slip.
Essendo infatti in scadenza il termine per la presentazione della lista dei testi ed essendo ancora inottemperante la Procura, si stanno muovendo con istanze formali le difese delle parti per le quali e' importate avere il tempo di esaminare gli atti. Because in fact the expiry deadline for submitting the list of texts and yet inottemperante the prosecutor, are moving with instances formal defenses of the parties for whom and 'imported have the time to examine the documents. Non sono pero' solo i collegi difensivi ad approntare le azioni piu' opportune ed incisive, ma anche l'accusa, impegnata attraverso i PM Giuliano Mignini e Manuela Comodi, in indagini integrative che, fin dalle prime battute possano fornire quella (o quelle) 'prova regina' capace di dissipare i dubbi, avanzati da piu' parti, sul non sufficiente peso probatorio dei tanti indizi ad oggi in mano all'accusa. But not the 'only college defensive actions to prepare the most' appropriate and effective, but also accused, committed by the PM Giuliano Mignini and Manuela Comodi in integrative investigations that early bars can provide one (or ones) 'Queen proof' that can dispel the doubts raised by more 'shares, not enough weight on the evidence of the many clues now in hand accusation. (AGI)
AGI NEWS GOOGLE TRANSLATION
AGI NEWS ORIGINAL ITALIAN
Yummi wrote:Posted by Yummi at 11/19/08 8:23 a.m. #218871
a full translation of the italian piece posted by Candace
The trial in Assise Court, set for Dec. 4, against Amanda Knox and Raffaele Sollecito, accused in concurred in the multi-aggravated murder of the English student Meredith Kercher, could suffer a time slip (delay). At a few days from the deadline for the submission of the witnesses list, in fact, the prosecutor has not yet deposited their acts and it is clear that the defenders need, especially in a so delicate process, a few days more in which to study and analyze cards for the first hearing. Formal issues are going to be submitted, if not already have been, filed by the advocates of Knox (Luciano Ghirga and Carlo Dalla Vedova) and by those of Sollecito (Giulia Bongiorno, Luca Maori, Marco Brusco, Donatella Donati, Delfo Berets). The College of the Assise Court was already launched. To preside it, there will be the chairman of the criminal section, Giancarlo Massei, which should have. as a side judge, Carla Giangamboni. It is already prepared the list of popular judges who are going to swear in the morning of the first hearing. The trial will be held in the Sala degli Affreschi, in the palace of Justice, in Piazza Matteotti, because of space needing. The Prosecutor General at the Court of Appeals is considering the issue of accesses to the building. It 'obvious that by the sitting, troupes of Italian and foreign networks (British, Americans, Germans) will try to be present, all those who have followed the case from the very first time. Except that even the Sala degli Affreschi may not be able to contain as many people and equipments, as they were seen at the preliminary. What to do? Precisely on these issues they will have to discuss, the attorney general (directed by Giancarlo Armati, the chairman of the tribunal Mario Villani, and chairman of the criminal section Massei). The Digos was alerted to deal with the problems of order and public safety that could occur. Meanwhile in the Procira Giuliano Mignini pm, and Manuela Comodi are working to the "supplementary investigation", already announced, while the defenders are preparing their counter-moves. The trial is described (although the over-shown super-witnesses) as based on circumstantial evidence (indiziario) and as such, delicate, difficult, complex. And more, it is being celebrated under the eyes – we may say – of the whole world. Nobody will be allowed to make mistakes.
Posted by Yummi at 11/19/08 10:39 a.m. #218946
D.I.G.O.S. = Dipartimento Investigazioni Generali e Operazioni Speciali
Digos is just the common name of a police branch, the one that makes investigations and special operation. The Patrols is another branch, so the Street Police and so on. It is one of the offices in a Questura.
A Questura office:
http://www.poliziadistato.it/pds/chisiamo/ques ... estur3.htm
I translated the word
strumentazioni = "equipments"
Posted by Yummi at 11/19/08 10:50 a.m. #218955
The Digos is considered almost an agency. It deals with "special" investigation, it is meant often control "normal" people instead of open criminals... It is made by cover agents who care about public events, it is not always regarded as an expecially democratic or friendly agency.
Posted by Yummi at 11/19/08 11:20 a.m. #218982
The word "indiziario" (of a trial = based on circumstantial evidence) - try check the word on a dictionary - is not a comment by the journalist. It is quite thecnical, indicating a kind of trial (theorical and determined by indicators). It means that it is going to be focused on indirect scenarios created by clues, on the alternatives (in this case, things like: demostrate that there is a credible possibility that an external intruder broke the window, etc.)
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