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3rd July 2019, 06:44 PM | #601 |
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And here is the conclusion or brief summation "For these reasons" of the judgment:
PAR CES MOTIFS, LA COUR, À L’UNANIMITÉ, 1. Rejette l’exception de non-épuisement des voies de recours internes soulevée par le Gouvernement quant aux griefs tirés de l’article 6 §§ 1 et 3 c) et e) de la Convention ; 2. Joint au fond l’exception soulevée par le Gouvernement tiré du non-épuisement des voies de recours internes dans le cadre de l’article 3 de la Convention et la rejette ; 3. Déclare la requête recevable quant aux griefs tirés des articles 3 et 6 §§ 1 et 3 c) et e) de la Convention et irrecevable pour le surplus ; 4. Dit qu’il n’y a pas eu violation de l’article 3 de la Convention sous son volet matériel ; 5. Dit qu’il y a eu violation de l’article 3 de la Convention sous son volet procédural ; 6. Dit qu’il y a eu violation de l’article 6 §§ 1 et 3 c) de la Convention ; 7. Dit qu’il y a eu violation de l’article 6 §§ 1 et 3 e) de la Convention ; 8. Dit a) que l’État défendeur doit verser à la requérante, dans les trois mois à compter du jour où l’arrêt sera devenu définitif conformément à l’article 44 § 2 de la Convention, les sommes suivantes, au taux applicable à la date du règlement : i. 10 400 EUR (dix mille quatre cents euros), plus tout montant pouvant être dû à titre d’impôt, pour dommage moral, ii. 8 000 EUR (huit mille euros), plus tout montant pouvant être dû par la requérante à titre d’impôt, pour frais et dépens ; b) qu’à compter de l’expiration dudit délai et jusqu’au versement, ces montants seront à majorer d’un intérêt simple à un taux égal à celui de la facilité de prêt marginal de la Banque centrale européenne applicable pendant cette période, augmenté de trois points de pourcentage ; 9. Rejette la demande de satisfaction équitable pour le surplus. Fait en français, puis communiqué par écrit le 24 janvier 2019, en application de l’article 77 §§ 2 et 3 du règlement de la Cour. |
3rd July 2019, 06:58 PM | #602 |
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3rd July 2019, 06:59 PM | #603 |
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Here is the ECHR's Legal Summary (original in English):
Knox v. Italy - 76577/13 Judgment 24.1.2019 [Section I] Article 3 Effective investigation Lack of an investigation into allegations of ill-treatment by the police during the questioning of a person in a state of shock: violation Article 6 Article 6-3-c Defence through legal assistance Use in evidence of a malicious accusation, made to the police by a person in a state of shock, without access to a lawyer: violation Article 6-3-e Free assistance of interpreter Interpreter having acted as a mediator and with a motherly attitude during the questioning of a person in a state of shock: violation Facts – At the time of the events Ms Knox, a 20 year-old American student, had been in Italy for about two months. She had found a temporary job in a pub run by D.L. Following the discovery of the body of a girl living in the same flat as the applicant, who was then present on the premises with her boyfriend, they were both interviewed by the police and their telephone conversations were monitored. On 6 November 2007 at 1.45 a.m., the applicant was interviewed by three police officers and A.D., who had been called as an interpreter. She stated, among other things, that D.L. had committed the crimes. The public prosecutor then interviewed the applicant at 5.45 a.m., with A.D. and some police officers being present. The applicant was not assisted by a lawyer during that interview. At 8.30 a.m., the applicant, her boyfriend and D.L. were formally arrested on charges of sexual assault and murder. Having provided an alibi, D.L. was later released. Around 1 p.m. and throughout the proceedings, the applicant spoke of her state of shock and confusion during her last incriminating interview under police pressure, and she retracted her accusation against D.L. However, on 14 May 2008, she was formally charged with bringing a malicious accusation. Following a hearing on 13 March 2009, at which the applicant again alleged that she had been ill-treated during the interview of 6 November 2007 and complained about the conduct of the interpreter A.D., her defence requested the transmission of documents to the public prosecutor’s office, but nothing happened. Further proceedings were brought against the applicant for falsely accusing the police officers and prosecutor who had questioned her on 6 November 2007. In September 2015 the Court of Cassation acquitted the applicant on the charges of murder and sexual assault and observed that her conviction and three-year prison sentence for the malicious accusation against D.L. had already become final. The applicant was also acquitted on the charge of falsely accusing the police officers and the prosecutor. Law Article 3 (procedural limb): On 6 November 2007, a few hours after making incriminating statements about D.L. and throughout the proceedings, the applicant had clearly explained that she had been in an extreme state of shock and confusion and that the police had put pressure on her. The Court of Appeal, in its judgment of 3 October 2011, had concluded that the applicant had in fact been subjected to a genuine degree of torment, placing her in an unbearable psychological situation from which she had sought to extract herself by incriminating D.L. In addition, the interpreter had been acting more as a “mediator”, even though she was not required to go beyond her interpreting duties. One of the police officers had even embraced and caressed the applicant and had clasped her hands, thus clearly behaving inappropriately, especially in a context where she had made accusations subsequently characterised as malicious which had resulted in her conviction. The above-mentioned behaviour, which shed light on the general conditions in which the applicant had been interviewed, should have alerted the national authorities to the possibility that her dignity and capacity for self-determination had been impaired. In spite of her repeated complaints, the treatment complained of had not led to any investigation capable of shedding light on the facts and on any responsibilities. In particular, her lawyer’s request of 13 March 2009 for the transmission of documents to the public prosecutor had remained unanswered. Moreover, the criminal proceedings against the applicant for bringing a malicious accusation against the authorities – which had in fact led to her acquittal, as there was no evidence that her account of what had happened was inaccurate – could not constitute an effective investigation into the applicant’s complaints. Conclusion: violation (unanimously). Article 6 §§ 1 and 3 (c) (a) Applicability of Article 6 – The Court reiterated that a “criminal charge” existed from the moment that an individual was officially notified by the competent authority of an allegation that he had committed a criminal offence, or from the point at which his situation had been substantially affected by actions taken by the authorities as a result of a suspicion against him. The applicant could certainly be regarded as a suspect by the time she made her statement to the public prosecutor, at 5.45 a.m. on 6 November 2007. Therefore by 5.45 a.m. at the latest, there had been a criminal charge against her within the meaning of the Convention. (b) Whether there were any compelling reasons to justify the restriction of her right of access to a lawyer – The Government had relied on the interpretation of domestic case-law to point out that the impugned statements of 6 November 2007, even though no lawyer had been present, could be used in evidence, as they incorporated in themselves a criminal offence. The Court noted, however, that this interpretation was general in scope and the Government had failed to establish that there had been exceptional circumstances in the present case to justify the restrictions on the applicant’s right. Thus there was no compelling reason capable of justifying the restriction on her access to a lawyer. (c) Overall fairness of the proceedings – A few hours after the interview of 6 November 2007, the applicant, who was vulnerable as a foreigner and as a young woman of 20, not having been in Italy for long and not being fluent in Italian, had promptly gone back on her statements. Nevertheless, six months later, on 14 May 2008, she was charged with malicious accusation. The impugned statements had been taken in a context of heightened psychological pressure, which had not been investigated. And those statements had constituted in themselves the offence with which she was charged and therefore the real evidence on the basis of which she had been found guilty of bringing a malicious accusation. Lastly, the record of the applicant’s interview at 5.45 a.m. did not indicate that she had been notified of her procedural rights. Consequently, the restriction of the applicant’s access to legal assistance during her interview of 6 November 2007 at 5.45 a.m. had irretrievably impaired the overall fairness of the proceedings. Conclusion: violation (unanimously). Article 6 §§ 1 and 3 (e): The fact that the interpreter A.D. had played the role of a mediator, adopting a motherly attitude, while the applicant, having been charged with a criminal offence, was formulating her statement, had gone beyond the duties expected of an interpreter. However, the authorities had failed to assess the conduct of A.D., to examine whether her interpreting assistance had been consistent with the safeguards under Article 6 §§ 1 and 3 (e) of the Convention, or to consider whether that conduct had had an impact on the outcome of the criminal proceedings against the applicant. In addition, in the relevant police record there was no mention of the exchanges between the applicant and A.D. during the interview of 6 November 2007. That initial failure had thus had repercussions for other rights, which were separate but closely related to the right at issue, and had undermined the overall fairness of the proceedings. Conclusion: violation (unanimously). The Court also found that there had been no violation of Article 3 in its substantive limb, as there was insufficient evidence for it to conclude that the applicant had actually sustained the inhuman or degrading treatment of which she had complained. Article 41: EUR 10,400 in respect of non-pecuniary damage. _______ I will point out these relevant considerations: The final judgment Knox v. Italy is now part of international law, and Italy is obligated to abide by that final judgment according to its Constitution and the Italian Constitutional Court's decision number 113 of 2011. The final judgment of acquittal of Amanda Knox and Raffaele Sollecito for the charges of murder/rape of Meredith Kercher by the Marasca CSC panel is definitive; according to Italian law and the Convention, neither the criminal not the civil allegations relating to the acts charged can be revisited in any way by any Italian court. |
3rd July 2019, 07:19 PM | #604 |
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But, but, Numbers! The ECHR and the Marasca SC were BENT! Bent, I tells ya! The mafia, the Masons and even the US State Dept were all in on "the fix"!
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4th July 2019, 08:30 AM | #605 |
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Retired Judge Hellmann wades in on the recent speaking engagement of Amanda Knox at the innocence project in Modena. Also his thoughts on the recent ECHR vindication for Knox, for a wrongful conviction that he himself participated in.
http://www.agenziaradicale.com/index...udice-hellmann He references the media frenzy at the Modena conference, proving that the Italian media still goes for lurid details rather than sober assessment of evidence. He also waxes surprised and somewhat frustrated that people still come up to him with, "What about the X......?" factiods, when no such X had ever been part of the case. |
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In a thread titled "Who Killed Meredith Kercher?", the answer is obvious. Rudy Guede and no one else. |
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4th July 2019, 09:03 AM | #606 |
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It just goes to show you that people are influenced by click bait and social media. Vixen even today constantly posts falsehoods about the case and never even concedes to contradicting video and photographic evidence. There is a lack of maturity among a great many people when it comes to owning their mistakes. I get that embarrassment, but personally I would hate to look doubly stupid repeating something that I know was wrong just to avoid that embarrassment. Rather look silly for a moment than wilfully stupid. |
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4th July 2019, 09:16 AM | #607 |
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A guilter's reaction when they figure out the reason Rudy Guede the knife carrying window climbing burglar had Meredith's blood on his hands is because he broke in and stabbed her to death, and Amanda was just some girl who lived in the same building the Italians spend years pointlessly prosecuting with nothing: https://www.youtube.com/watch?v=uwmeH6Rnj2E
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4th July 2019, 11:03 AM | #608 |
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Hellmann's interview was interesting and he made very accurate comments regarding some people being able to rationally and objectively look at a situation and others, well...not so much:
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We still see myths (to use a nicer word) proposed as fact even now after all these years. For example, Vixen very recently referenced 'mixed blood' yet again when she knows, absolutely knows, that 'mixed blood' was never, and could never be, scientifically established. It was only correctly referred to as a MK's blood/Knox DNA mix or simply as mixed DNA. If being honest and factual about the evidence does not support a position, then perhaps one needs to reassess why the need to lie about it. |
4th July 2019, 11:09 AM | #609 |
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Agreed! I know someone who consistently mispronounces a word. He's been corrected multiple times. Does he learn and pronounce it correctly? No. He would rather keep looking like an ignorant fool than to admit he was incorrect in the first place. Being able to admit a mistake shows a strength of character, not a weakness.
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4th July 2019, 12:29 PM | #610 |
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4th July 2019, 01:01 PM | #611 |
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Here's another excerpt from the article cited and linked to in your post:
"Un episodio emblematico di quello che lei dice, di questa capacità di discernimento ma anche del rapporto tra media e giustizia, è dato dai filmati delle reazioni dell’opinione pubblica alla sentenza di assoluzione nel caso Kercher. Un suo commento su questo? Sotto questo punto di vista devo dire che una gran parte della reazione - per quello che ho potuto capire successivamente - è stata un po’ orchestrata dalla Polizia rimasta delusa dall’esito del processo, che è stato istruito sotto la guida del Pubblico Ministero ma dagli organi di Polizia, Polizia Scientifica e Polizia Investigativa. Da quello che ho capito dopo c’è stata una sorta di sobillazione fuori dal Tribunale quindi… che posso dire? Posso dire che sul momento la cosa mi è dispiaciuta, perché questo significa seguire una tesi partigiana." Google translation with my help: "Q. An emblematic episode of what you say, of this capacity for discernment but also of the relationship between media and justice, is given by the videos of the reactions of public opinion to the sentence of acquittal in the Kercher case. Your comment on this? A. From this point of view I must say that a large part of the reaction - for what I could later understand - was a little orchestrated by the Police who were disappointed by the outcome of the trial, which was instructed under the guidance of the Public Prosecutor however with the Police, Scientific Police and Investigative Police. From what I understood later there was a sort of uproar outside the Court so ... what can I say? I can say that at the moment it displeased me, because this means following a partisan thesis." _____ Judge Hellmann attributes the mob scene following the acquittal of Amanda and Raffaele by the Court of Appeal he presided over to the instigation of prosecutor and the police. |
4th July 2019, 01:28 PM | #612 |
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4th July 2019, 02:48 PM | #613 |
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who claims the soulless Who speaks for the forgotten dead ~ Danzig |
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4th July 2019, 02:51 PM | #614 |
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No matter how many times you show this clip, tertiary transfer of DNA simply does not happen. Peter Gill himself said secondary transfer had to happen 'within twenty-four hours'.
There is no way Raff's very strong robust DNA on the bra clasp (found under the body BTW) could have transferred from the door to the glove (on 18 Dec 2007, week no. 6) and then to the crook in the clasp. Stop deluding yourselves. |
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4th July 2019, 02:54 PM | #615 |
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who claims the soulless Who speaks for the forgotten dead ~ Danzig |
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4th July 2019, 02:58 PM | #616 |
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Unlike you and your patriotic friends, I go by the court documents.
Yours and Stacyhs' sole arguments seem to be, 'Why would a nice American girl stab her roommate? It's obvious it must be the Black guy all by himself, makes sense. Can't understand how any merits court ever found the pair guilty as charged [we'll ignore that Raff isn't actually American] and we'll ignore all the forensic evidence. We can dream up an 'explanation' for everything. U.S.A! U.S.A! **** you, Italy!' |
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4th July 2019, 03:00 PM | #617 |
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who claims the soulless Who speaks for the forgotten dead ~ Danzig |
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4th July 2019, 03:11 PM | #618 |
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ROF LMAO.
You can't be serious. If you did, you wouldn't be posting such absurd things. You would recognize the obvious. But you don't. You couldn't even admit being wrong that Amanda had chartered a private jet home even after I showed you video. And FYI: This has NOTHING to do with patriotism. |
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4th July 2019, 03:12 PM | #619 |
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You don't like Burleigh? OK, how about the Feb 28,2009 testimony of the police officer, Stefano Gubbiotti, who said he put the knife in a cardboard box used to hold a calendar?
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Can't admit I didn't make any of it up, can ya? Just like you can't admit Krissy G's claim about Guede calling the knife a 'stiletto' WAS made up. |
4th July 2019, 03:16 PM | #620 |
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It's lying by omission. The knife in the box did not come into contact with contamination at any stage.
The knife was found in Sollecito's apartment. There is no way Meredith's DNA could have jumped onto it via the box being sent to forensics by the police station who received the box. Stop reaching. |
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4th July 2019, 03:20 PM | #621 |
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Still stinging over the World Cup defeat? Or that America put a whupping on the Brits at Yorktown?
Courts of merit? Like Hellman? As for forensic evidence...ALL OF IT pointed to Rudy killing Meredith....Give it up Vixen. Amanda and Raffaele ARE innocent. Neither ever committed a crime of any kind before or since the murder. They also didn't conspire after a week of knowing each other with someone neither had said more than two sentences to. |
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4th July 2019, 03:22 PM | #622 |
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I'm so deluded that I've just read a piece that said that the first problem with DNA forensics, is when people make sweeping generalizations about primary, secondary, and even tertiary DNA transfer.
I'm also reminded of the DNA testing on Nikumaroro Island to see if any of the artifacts found there c. 2015 had been left by Amelia Earhart in 1937. The items had been collected with proper forensic protocols, etc. They ended up having to junk all samples because on one of them the DNA of the expedition leader, Gillespie, had been found. He'd been nowhere near the site of that item. When asking how it could have been his own DNA contaminating the batch..... ..... he was told that it's probably useless to try to second guess the potential routes of secondary or tertiary contamination, just accept it and move on. Which the remaining guilter-nutters never do. |
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In a thread titled "Who Killed Meredith Kercher?", the answer is obvious. Rudy Guede and no one else. |
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4th July 2019, 03:25 PM | #623 |
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who claims the soulless Who speaks for the forgotten dead ~ Danzig |
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4th July 2019, 03:37 PM | #624 |
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4th July 2019, 03:44 PM | #625 |
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Given who has the burden of proof, it is not up to a defendant nor their counsel to show a route of contamination. It's up to the accuser to show that proper anti-contamination protocols were followed.
In this case, even the one forensic expert who would testify for the prosecution conceded that the prosecution forensic police did not follow protocols. That alone should have ended the knife and the bra-clasp as evidence. Indeed, this point is a Rorschatch Test as to how people view this case. |
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In a thread titled "Who Killed Meredith Kercher?", the answer is obvious. Rudy Guede and no one else. |
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4th July 2019, 03:46 PM | #626 |
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You really must keep up.
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Forensic Science International: Genetics Volume 23, July 2016, Pages 9-18 Seems Prof. Gill does not agree with you. But why let that stop you from continuing to say otherwise?
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4th July 2019, 03:53 PM | #627 |
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Stop deflecting, Vix. You claimed I "made all of that up" which I clearly did not. But you can't admit that, can you?
You cannot possibly know that knife never came into contact with any contamination so stop saying it didn't. Besides, no one here said the knife came into contact with MK's DNA.* It was to demonstrate how unprofessionally and carelessly evidence was handled. Or do you think putting the suspected murder weapon into an unsterile box previously used to hold calendars is the correct procedure for handling evidence? *MK's DNA was never on the knife in the first place. Stefanoni screwed up. |
4th July 2019, 03:58 PM | #628 |
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Oh, please! Just stop making crap up. It shows just how desperate you are. If you can't present things honestly and accurately then you need to ask yourself why you can't.
It's precisely because we DON'T ignore the forensic science...or lack of...that we believe they are innocent. WE don't rely on body language, canoodling, somersaults, buying underwear, eating pizza, or not crying enough/too much unlike what you. |
4th July 2019, 04:27 PM | #629 |
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Very well said Stacy.
I don't know Amanda at all. If she was guilty, I would want to see justice and have her imprisoned. I don't care that Amanda is American or that she hails from my city. All of that is irrelevant. But guilt must be proved beyond a reasonable doubt. And it wasn't. But I'm not going to argue this DECIDED case for the 1000th time with Vixen. It's over and it's been over for years. Vixen and PQ are never going to accept it. But that is their problem. Not mine. |
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4th July 2019, 04:56 PM | #630 |
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4th July 2019, 05:01 PM | #631 |
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I agree. I'd want her in prison for decades if she were guilty. There are Americans in prison around the world for crimes they did commit and that's fine and dandy with me. For Vixen to make the claim otherwise is just more evidence of the ridiculous lengths she will go to in her desperation. It's very sad really.
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4th July 2019, 05:04 PM | #632 |
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4th July 2019, 05:12 PM | #633 |
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Ah, I think I've spotted a flaw in your "reasoning" here, Vixen. See, firstly you've created a rather nasty strawman by inventing all this stuff about certain commentators in this thread arguing for Knox's acquittal/innocence simply on account of her being American. Whereas every single one of those people about whom you've invented this strawman has actually argued cogently for acquittal/innocence based on a rational, logical, objective assessment of the evidence (and lack of evidence). That you have invented an argument from emotion/jingoism would appear to say a lot more about you than about those people you've attacked. Secondly, there's the little matter of that other bloke who was unjustly investigated, charged, tried and convicted - and who also has now rightfully been acquitted and exonerated. Can you remember his name, Vixen? You do seem awfully fixated on Knox for some reason..... And thirdly, a lot of pro-acquittal/pro-innocence arguers in this thread (including me) are not even American. Or Italian. Interesting stuff, huh? |
4th July 2019, 05:18 PM | #634 |
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That hook was forcefully pulled apart as evidenced by the shape of the hooks. So how did RS manage that without grasping the two sides of the back strap or the cloth the hoods were sewn to and pulling then apart? The PGP ignore that fact that no DNA of RS's was found anywhere else on the bra. Funny how Guede left his in a non-LCN amount.
Watch how the clasp is handled by Stefanoni and the others. They all hold it by the cloth and not the tiny hook, but we're supposed to believe that RS only touched the hook. PGP logic at its finest. |
4th July 2019, 05:20 PM | #635 |
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4th July 2019, 06:17 PM | #636 |
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Yes it is sad. But she is never going to wake up and smell the coffee. She is going to repeat the same false factoids that you me and others as well as the courts debunked over and over again. I refuse to allow myself back down that rabbit hole.
I'm slightly interested in the ECHR and how Italy resolves it. I'm also interested in Amanda's recovery and what she does with her life. Her speech in Italy was great, but I wish she hadn't cried again. That says to me she still has work to do to put it behind her. My hope for Amanda and Raffaele that they can. That event and the surrounding media attention will always have some impact. But that doesn't mean it has to define them. |
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4th July 2019, 06:22 PM | #637 |
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Did it escape anyone's notice that Vixen, declaring my ten points as "made up", failed to counter any of them with actual contradictory evidence? As TomG would say "Hoots!"
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4th July 2019, 06:41 PM | #638 |
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You invented that claim, highlighted above. Read this abstract of a study, examining the probabilities of secondary and tertiary transfers of DNA. If you have the interest, you can purchase the whole study.
Nowhere does it say that tertiary transfer does not happen. It says the exact opposite. Indeed modern methods of detection mean that.....
https://www.ncbi.nlm.nih.gov/pubmed/26005954 Does this remind you of anything? (Pictures are taken by the Scientific Police in Dec 2007, 46 days after the murder, of a clasp ignored during the first forensic sweep on Nov 2, and found in December at a different location than as photographed 46 days earlier.) Why do you need to invent factoids? |
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In a thread titled "Who Killed Meredith Kercher?", the answer is obvious. Rudy Guede and no one else. |
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4th July 2019, 06:53 PM | #639 |
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4th July 2019, 07:14 PM | #640 |
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