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lundi 12 septembre 2011

Will Knox Walk?

I get asked that question a lot lately by friends and acquaintances who know that I have been hosting a discussion board devoted to this case for nearly four years now. Today's PI (click on title), having decided to dispense with the illusion of taste and decency, is currently running a poll that asks the burning question: Should Amanda Knox Return to Seattle?

For those who don't know, Knox and her then boyfriend Raffaele Sollecito were unamimously convicted in December 2009 for their role in the torture and murder of Knox's British roommate, Meredith Kercher, and for their subsequent attempt to cover up their involvement by staging a burglary in the flat Knox and Kercher shared with two Italian women. In addition, Knox was convicted of calunnia for falsely accusing her boss, Patrick Lumumba, of the murder. Lumumba spent two weeks in jail after police arrested him based on Knox's accusation, during which time Knox did not admit that she had falsely accused an innocent man. A third young man, Rudy Guede, was also convicted for his role in this gruesome murder. He opted for a fast track trial, which is not the same as entering a guilty plea and, having exhausted his appeals, is now quietly serving out his sentence.

Knox and Sollecito are nearing the end of their first appeal. Which brings me to a point worth considering for a moment: in Italy, there are two rounds of appeal and they are automatic. Knox did not "appeal" her sentence; she and Sollecito merely moved on to the next phase in the criminal justice process. Incidentally, the prosecutors could also be said to be "appealing" the initial verdict, since they asked for life and the pair got "only" 26 and 25 years, respectively. Knox got extra time because of the calunnia.

In Italy, as in the US, convictions are sometimes overturned on appeal, so my answer to the question is that it is possible Knox will walk, or get a reduced sentence, but she would still have to face the final appeal. This has always been a possible outcome, in the same way that it was possible she would be acquitted by the first instance court. It would not be the first time that someone demonstrably guilty of a crime went free. The two examples that immediately spring to mind are OJ and Casey Anthony. The Casey Anthony verdict shocked many people, including me. I managed to obtain a copy of the judge's instructions to the jury, which gave me a better sense of how this could have happened. The judge should probably have instructed the jury with regard to the legal definition of reasonable doubt and the legal definition of circumstantial evidence. He apparently thought they already knew these rather basic things. But from what I have read and seen since the verdict was announced, the jury clearly did not have a clue. And now Casey Anthony is walking free but imprisoned for life -- because she has to live with the knowledge of what she did. As a very smart man once said to me, the sweetest prison is prison. Think about it.

It is impossible to predict with certainty how this court will rule, though last week the US media seemed to think it could do so based on the judge's denial of the prosecution's motion requesting that further retesting be done on the two items of forensic evidence for which he had earlier granted an independent review (two out of over 100). If you are interested in this complex subject, there is only one blog to read: Maundy Gregory's blog

In a nutshell, the two experts did not retest the items as requested but instead raised concerns about the admissibility of DNA evidence per se, the possibility of contamination, etc. At one point, one of them gave an in-court presentation using selected snippets from the crime scene video, claiming that a pair of latex gloves seen on-screen holding a pair of tweezers while removing evidence from the victim's body had a tear in it. People, I have seen the entire crime scene video (which is horrifying, you don't ever want to see it) and there is no tear in the glove. There are creases, which is normal. You can see a still shot of it on PMF (link below).

Those who have been following the case professionally, objectively and dispassionately are not prognosticating an outcome. As they have noted, however, it has been established that the DNA on the blade of the knife (Knox's DNA is on the handle) is undeniably Meredith Kercher's. The knife was found at Knox's boyfriend's flat, a place Meredith had never visited. As for the bra clasp (which was cut from Meredith's body after she died, as part of the staged rape), which has Sollecito's DNA on it, the court may decide the possibility of contamination is great enough that it should be given less weight or no weight at all in the court's decision. What is important, however, is that neither item has been "thrown out". And then there is the rest of the evidence. In addition to the crime scene staging, we have a bloody footprint which is compatible with Sollecito's bare foot and which was found on the bathmat. There are several samples of mixed DNA (Knox-Kercher). There are cellphone and computer records. There are shifting alibis and lies told by the pair. All of this evidence will be examined holistically, not in isolation, by the judges. Last but not least, let's not forget elements from Rudy Guede's trial, which are now admissible. In his final appeal, Italy's highest court of appeals ruled that this crime had been committed by more than one person. All hope of continuing to pin it on the Lone Wolf/black guy alone has thus vanished. Moreover, the nature of the physical evidence is such that only the truly deluded ever thought otherwise.

I have also been asked if I am worried for my personal safety if Knox is acquitted, though just as many have asked if I am similarly worried about what will happen if this court confirms the earlier conviction. Which is another way of saying I probably can't win for losing. There is a small but rather shrill and slightly deranged group of people, knoxophiles if you will, who have decided that I am a convenient target for all of their frustration with the process and hatred for people whose focus is on the victim, Meredith Kercher, and/or who have looked at the evidence and come to the conclusion that Knox is guilty. The few journalists who have covered this case objectively have also been targeted for abuse, threats and defamation, part of a nebulous online war being waged in the shadows. Meanwhile, the sunny façade of the supertanker is being advanced by the PR firm Knox's parents hired early on and by the FOA (Friends of Amanda). The latter group's executive committee is comprised of Mike Heavey, a Seattle judge; Anne Bremner, a Seattle lawyer; and Tom Wright, a minor Hollywood director turned producer who lives in Seattle. Heavey and Wright both have daughters who attended Seattle Prep with Knox.

I have received threatening emails (and one online death threat) from people who are completely wrapped up in this cause. Some of the faithful have been recruited online via the facebook cause page. I suspect they are being paid for their efforts. I don't know who posted the death threat; it was anonymous, as such things tend to be. I have also received unwanted emails from Knox/Mellas family members, including one from an aunt who told me that "they" know where I live and have done drive-bys. I responded with the simple request that "they" drive by slowly because my neighbors complain about all the folks who use our little street as a short cut to the West Seattle Bridge.

More recently, one of the FOA foot soldiers showed up uninvited at a memorial service for someone in my extended family, and had the poor taste to try and engage one of my grieving siblings in a discussion about me and the discussion board I moderate, PMF.

In the parlance of our times, that's messed up. Don't you think?

Really, the only thing about which I have no doubt is that the Italian criminal justice system is simply trying to do its job despite a lot of noise and intimidatingly bad coverage, by the US media in particular, whose jackals are so hungry for an exclusive with the currently imprisoned Knox that they will do or say anything to curry favor. It was reported last week that NBC's Matt Lauer recently arrived in Seattle, jumped into a waiting limo at Sea-Tac and raced downtown for lunch at Morton's with a select group of top-level supporters. It seems that Matt and Curt Knox, Amanda's father, split the huge and pricey porterhouse. I'm sure it was well done.

UPDATE: I appreciate all of the comments I have received since I posted this, in particular those from people who live in West Seattle and White Center. Here is one that I found particularly touching and telling:

"First time that I've heard Meredith Kercher mentioned as the victim. Now that I think about it, I would know Amanda Knox on sight, but have no idea what Meredith looked like. Sad."

In fact, this comment prompted me to add the photo below of Meredith Kercher, a lovely young woman whose life was taken from her in November of 2007. Three people were convicted of this heinous crime. One has exhausted his appeals; the other two are nearing the end of their first automatic appeal.





Photo below: The family of murder victim Meredith Kercher. Some of Knox's more extreme anonymous online groupies have actually suggested that the Kerchers are somehow to blame; others have urged them to get over their grief and help free Knox. FWIW, the Kercher family is satisfied with the first instance verdict and believes that justice was done. It is truly awful when a family's dignified silence is used against it.

lundi 19 janvier 2009

No victim no crime


In addition to sheltering people actually waiting for the bus, the covered stop at California and Admiral, in front of Circa restaurant, has long been a youth hangout. A frequent diner at Circa, I have seen countless mini-dramas staged at that bus shelter. Some kids sit there for hours on end. Young love comes together and flies apart; young boys scuffle and talk loud; young girls chomp on gum, whisper and giggle. Sometimes people sit there and cry.

Often, things get out of control. Shoving, littering, spitting, passing beers back and forth. Sharing smokes. One thing leads to another. Last night, my husband and I were sitting at the window table just in front of the bus stop. Our car was parked on the street, and our dog was sleeping inside. We wanted to keep an eye on her. The bus stop was particularly agitated last night. Kids were drinking beer, throwing litter on the ground (instead of using the garbage can provided, less than a foot away), leaving in packs and then coming back.

Suddenly, a fight broke out. I had my back to the scene, but my husband and everyone sitting at the bar heard the commotion, saw the abrupt movement of bodies and immediately understood what was going on. It was a really violent and viscious fight. My husband and two other men ran outside to separate the boys while someone from Circa called the cops. I ran outside to check on my dog and instead found myself looking at a smallish blond kid and his two female friends. Blood was coming out of his mouth. He looked scared and not in the mood to pursue the fight.

The men tried to subdue his sparring partner with words, but suddenly the young man jumped on the smaller bleeding boy again, ferociously. He was pulled away by my husband, who put him face down on the ground to restrain him when it became clear he was anything but ready to stop fighting. He resisted and my husband put his knee in the kid’s back and got his hands and arms immobilized. We told the kid the cops were on the way and he went ballistic. No cops, he said, I'm on probation; no cops, I'll lose my job. He continued to wiggle around on the ground, but my husband held him down until the police came.

There were four officers in two patrol cars. My husband came back into the restaurant after giving them the basic information. After about ten minutes, the police cars started to pull away. We were astonished to see the kid – who was presumably the aggressor in the fight we had just broken up – standing in front of the resaurant looking in at us. Everyone was astonished. One of the cop cars was turning around, so we went out to find out why the violent kid my husband had just wrestled to the ground was now standing on the sidewalk glaring in at us. He said there could be no arrest because there was no victim. And it was true. While the aggressor was being wrestled to the ground, the blond kid spitting blood and his two female friends had slipped away into the night. They were probably afraid of getting in trouble for underage consumption of alcohol.

It is a pity that this bus stop is not frequently patrolled, so that diners at Circa can enjoy a meal without having to watch people litter, spit, shove and get into fights. A more visible presence – even just a police car cruising the area – would work wonders, I think.

If you ever find yourself in this situation, remember to nab the presumed perpetrator and the presumed victim. That’s just common sense, in retrospect. We didn’t really know who started it and should not have focused solely on the agitated and apparently aggressive kid. We shouldn’t have let the others slip away, including two witnesses. At the same time, the bus driver who had pulled up saw it all and could have filled the cops in.

If I fault the police for anything in this incident, it is that they would have just driven away without filling us in and without making sure the kid was at least headed home had we not forced them to stop and tell us why no arrest was made.

No victim, no crime, the cop said.

This makes perfect sense. But my husband and a couple of other guys risked their lives (we didn’t know if anyone was armed) to break up a serious fight. Had the fight broken out elsewhere, in a back alley for example, someone could have ended up dead or seriously injured. It was that kind of fight. A few brave citizens performed their civic duty and put themselves at risk doing so. They should have been thanked or at least offered an explanation of what went down, to be filed away for future use.

I have a great deal of respect for law enforcement officers. But I think these officers did not show respect for us in return. It would have taken two minutes of their time. They could have thanked my husband – everyone in the bar certainly did. And they could have made sure that the kid left the premises. Who knows? He could have been waiting to see what car we were driving. I just hope I don’t read about him beating the shit out of the other guy, whose escape may have been a temporary reprieve.

I loathe violence.

jeudi 29 mai 2008

The Rise in Female Criminality

Her name is Sherri and she's homeless.


People tend to think of the Southend of Seattle as the wrong side of the tracks. For those who know, the Delridge-White Center-South Park "triangle" (though I'm not sure they form one) is probably the worst of the Southend. Today I was reading the online version of the local rag--the West Seattle Herald Tribune--and decided to check out the police blotter for the neighborhood.

Those who think that the life of a cop in the Southend is all about homicide, assault with a deadly weapon and gang warfare are just plain wrong.


Here are the top three items on the ledger:

Case 1:
At Westwood Village, merchants called 911 to report that a woman had been in the store for four hours, crying and asking customers for cigarettes. Officers found her without shoes and wearing only a thin tank top and short skirt. She said she had been staying at homeless shelters and was cold. Placed in a squad car to warm up, she began screaming to be let out, saying that the seats hurt and that the car was the "wrong color." In a case of mistaken identity, she then yelled at a female officer, calling her "Sherry," and screaming, "You abused me. You abused my mom." The 33-year-old woman then lunged at the officer, but was taken down and transported to Harborview for a mental health examination.

Case 2:
There is probably cause to arrest a young woman who abandons her two-year-old whenever she receives her support check. (Relatives suspect she is on drugs or has mental issues.) Always claiming that she'll be "returning soon," she recently left the child, who was sick, with three transients. The three then left the child at a relative's doorstep, cursing as they ran off. They later denied abandoning the child. A check of the mother's residence found clothing, garbage and half-eaten food strewn all over. The child is currently staying with the relatives.

Case 3:
A woman left her High Point-area home to mediate a street fight and ended up being attacked by her husband. He threw her to the ground several times, yelling that he was going to get a divorce. Officers found her incoherent and very intoxicated. After they arrested the husband, the woman ran down the street and began throwing rocks at her own bedroom window. He was booked into King County Jail for investigation of domestic violence assault.

What is amazing about our three top stories, aside from the fact that they were deemed worthy of any ink at all, is that they revolve around women. Just wives or moms or former wives and/or moms, behaving badly. There are the usual issues--drugs, mental health, domestic violence, neglect--but with the White Center twist. These are poor folks, not Bellevue folks. As for the lady bumming cigarettes for four hours, I have to believe she was inside the Target store. That's the uncontested retail magnet for this shopping center, and the only store any normal person could ever stand to spend four hours in. Except she wasn't normal, apparently. That's why they took her to Harborview. Saying the seats of the squad car hurt was odd, but acceptable. Objecting to the color of the squad car was troubling, but not enough to take her in for a mental exam. Mistaking the police officer for "Sherry" was the strike that put her out.

But what did this woman do exactly?
Hung out in Target for four hours
Cried and bummed cigarettes
Complained about a car (seats and color)
Called someone by the wrong name.

If you want to remain trouble-free in White Center, just keep these things in mind.

The second lady abandons her child whenever she has a little cash. The relatives are tired of picking up the slack. Not much to say there. Poor little girl. She'll be better off elsewhere. What kind of parent leaves their kid with "transients"? One who is hoping the kid will bugger off.

The third lady, let's call her Nosy Parker, goes out to break up a fight. Trouble is, she's drunk and soon has a fight of her own on her hands, with her husband. Somebody calls the cops and they arrest the husband, but let the wife go. She runs down the street and throws rocks in her own bedroom window. No crime in that.

This is White Center in a nutshell, folks. I can't think of anything to add. Not so much true crime as true grime.