On November 1, 2007, 21 year-old Meredith Kercher was murdered in Perugia,
Rudy Guede, a native of the
Amanda Knox, an American exchange student in
“There was a "material non-existence" of evidence to support
the guilty verdicts at the trial. The prosecution's theory of an association
between Sollecito, Knox and Guede was "not corroborated by any
evidence" and "far from probable"
Kercher’s murder and the
subsequent events, especially Knox’s
arrest and trial, received worldwide media attention. This was particularly true in Italy
and England , where much of the
publicity was of the salacious
tabloid variety. A number of observers
criticized the press for failing to describe events in an accurate and
dispassionate manner. Naturally, the
concern was that this could skew the outcome of the case.
In recent days, American media
has been afire with reports that the Italian
Supreme Court has overturned the
acquittal, and declared that Knox and
Sollecito’s case must be retried. While the case is set in Italy ,
in America , we operate on a
presumption of innocence, until one is proved guilty. There is also a rule against what is called double-jeopardy, which means, in effect,
if an individual is tried and found not guilty, they cannot be tried again for
the same crime.
All of this may seem quite confusing to casual observers, familiar with the
rules of American jurisprudence. In the Italian
system, there is a procedural sequencing that allows the Supreme Court to take the action it has in Ms. Knox’s case. In the
technical sense, what is about to happen is an extension of the stages or
phases of the original prosecution, and not what Americans would consider double-jeopardy.
Amanda Knox
may in fact be innocent of the murder of Meredith
Kercher. I hope she is! This review of the facts is not intended to try
her case from my vantage point. Rather,
it is meant to note the markedly biased treatment the recent ruling is being
given by parts of the American media
stream, which appears to be enthusiastically questioning how “unfairly” Ms. Knox is being treated, as she
attempts to rebuild her life back in her home town of Seattle.
Yet, this is what I find
troubling. In her initial story to
police, Ms. Knox alleged that Patrick Lumumba was infatuated with Ms. Kercher, had sex with her, and later
killed her. Lumumba was a bar owner for whom Knox worked. At one point she noted:
"I have a hard time remembering those moments but Patrick had sex with
Meredith, with whom he was infatuated, but I cannot remember clearly whether he
threatened Meredith first. I remember confusedly that he killed her."
Mr. Lumumba spent two weeks in
jail, before the evidentiary trail
fell apart abruptly, on two separate fronts.
First and foremost, he had an airtight alibi. He was at work at his bar, and engaged in
conversation all evening with witnesses who corroborated
his whereabouts. Second, his DNA could not be found at the crime
scene…the reason being both understandable, and abundantly clear, since he was
not there! On its face, at best, this was
yet another classic instance of “blame it
on the black guy;” at worse, it was a blatantly opportunistic, perhaps even desperate ploy to point the po-po in any direction, not aimed toward
her.
In the end, regardless of whether Ms.
Knox tried to “Susan Smith” Lumumba, or whether she was just lying
through her teeth in an at-all-costs effort to save her own skin, damn the consequences
to an innocent man; her behavior and character must be
put under a microscope, due to her personal actions, color notwithstanding. She was eventually found guilty of slandering
Mr. Lumumba, and had her sentence for doing so, initially slated for one year, increased to three years and eleven days.
The Italian Court of Cassation later
found that Knox's human rights had
been violated, because the police had not told her of her legal rights,
appointed her a lawyer, or provided her an official interpreter; therefore, her
statement to police was ruled inadmissible for Knox's and Sollecito's
criminal trial. The court did, however, rule the note
she wrote afterwards questioning the validity of her statement was admissible
as evidence to prosecute her.
On 16 November the Rome
forensic police matched fingerprints
found in Kercher's bedroom to Rudy Guede, who had lived in or near Perugia since
arriving in Italy
with his father when he was five
years old. Because he was an immigrant, his fingerprints were on file. He was arrested on November 20, 2007 in Germany ,
where he had fled days after the murder. His DNA
was later found at the crime scene, on and
inside Kercher's body. The prosecution charged Guede for the murder, but retained the allegations against Knox and Sollecito that originally related to acting in concert with Mr. Lumumba.
On October 3, 2011, the court
overturned Knox's and Sollecito's convictions on charges of
complicity in murder, sexual assault, illegally carrying a knife and staging a
break-in. The conviction of Knox on a
charge of slander was upheld.
Ms. Knox immediately returned to
the United States upon her release
from custody. She then undertook the arduous task of putting the pieces of
her life back together after four years in an Italian jail. She is
enrolled in college, she is writing a book about her experience, and by and
large she has tried to get on with her life.
Americans have a tendency to look
out for their own. Consequently, I understand, given
the range of less than delightful circumstances that Ms. Knox experienced, how and why Americans, spurred by an overzealous media, may be prone to view her
as a sympathetic figure. Yet, I cannot exorcise from my mind the image of Patrick Lumumba; innocent
and in jail. And no matter how you frame
it, he found himself in that unenviable position because of the nonfactual representation of events presented by a woman whose
collective defense much of the American
media seems to be at the ready.
I’m sorry, but in my view, Patrick
Lumumba is the sympathetic figure
in this story. As I wrote earlier, I am
not suggesting that Ms. Knox is culpable in Ms. Kercher’s death. I don’t
even care to speculate on that subject.
However, what has been established as fact, and etched in my mind is,
for whatever the reason, Ms. Knox concocted a story, among a spate of other inconsistencies, that led to an
innocent black man going to jail. “Patrick Lumumba: A Tortuous Tale of ItalianJurisprudence!” That’s all I need to know!
I’m done; holla back!
Read my blog anytime by clicking the link: http://thesphinxofcharlotte.com
or http://thesphinxofcharlotte.blogspot.com.
A new post is published each Wednesday.
To subscribe, click on Follow
in the bottom right hand corner of my Home
Page at http://thesphinxofcharlotte.com;
enter your e-mail address in the designated space, and click on “Sign me
up.” Subsequent editions of “Break
It Down” will be mailed to your in-box.
For more detailed
information on a variety of aspects relating to this post, consult
the links below:
http://en.wikipedia.org/wiki/Murder_of_Meredith_Kercher
http://www.cnn.com/2011/09/28/world/europe/italy-amanda-knox-timeline
http://www.trutv.com/library/crime/notorious_murders/young/amanda_knox/4.html
http://www.bbc.co.uk/news/world-europe-21938080
http://www.injusticeinperugia.org/rudy.html
http://www.telegraph.co.uk/news/worldnews/europe/italy/9954208/Amanda-Knox-Meredith-Kercher-murder-retrial-Q-and-A.html
http://www.npr.org/blogs/thetwo-way/2013/03/26/175336714/italian-court-orders-retrial-for-amanda-knox
http://topics.nytimes.com/topics/reference/timestopics/people/k/amanda_knox/index.html
http://www.reuters.com/article/2013/03/26/us-italy-knox-idUSBRE92P0AE20130326
http://www.nydailynews.com/news/world/amanda-knox-acquittal-overturned-new-trial-ordered-2007-murder-meredith-kercher-article-1.1299140