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JUDGE'S REPORT FROM THE SECOND HEARING

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PostPosted: Sat Nov 01, 2008 3:40 pm   Post subject: JUDGE'S REPORT FROM THE SECOND HEARING   

JUDGE'S REPORT FROM THE SECOND HEARING, JUDGE MASSIMO RICCARELLI, NOVEMBER 30, 2007


Here are the released extracts from the second hearing for the suspects, Judge Massimo Riccarelli presiding, back in November 2007:


Nick Pisa wrote:
Amanda Knox 'crafty and cunning' judge says

The American girl suspected of murdering British student Meredith Kercher is “crafty and cunning” and could reoffend, an Italian judge has said.

Amanda Knox, who calls herself Foxy Knoxy, is “unattached to reality” and her alleged role in the killing was “by no means secondary”, it was claimed.

Judge Massimo Riccrelli gave the damning characterisation of the 20-year-old in a report in which he outlined why he refused bail to her and her boyfriend, Raffaele Sollecito.


He said the "severity of the proof to hand legitimised the custodial measure applied to the pair who are accused of murder and sexual violence."

The pair are accused of killing British exchange student Miss Kercher at the Perugia flat she shared with Knox on November 2.

The 21-year-old, from Coulsdon, south London, was found semi-naked and with her throat cut in the bedroom of their apartment and police believe she was killed after refusing to take part in an "extreme" sex game.

Judge Riccarelli wrote, in the conclusion to a report released four days after the suspects’ bail bid was turned down, Knox was "privy of any refraining inhibitions and could reoffend."

"From the reconstruction there is the concrete possibility of reoffending and the [alleged] role of Amanda Knox was by no means secondary," he wrote.

The judge described her as "crafty and cunning" with a "multi-faced personality, unattached to reality with an elevated, one would say fatal capacity" to repeat her offence.

"To conclude I have to impose a custodial measure."

He also said that Miss Kercher was killed by more than one person and by someone who knew her well.

The judge wrote: "There is also the very real probability that this murder was committed by more than one person – the injuries suffered by Meredith suggest more than one culprit.

"The fact that there was no sign of forced entry also strengthens the theory that Meredith was killed by someone she knew.

"This element suggest that the murderer did not need to use any violence to enter maybe because they had keys or maybe because the door was opened by the victim."

Meanwhile it was confirmed that fourth suspect Rudy Hermann Guede would be extradited from Germany to Italy today arriving in Rome on a flight from Frankfurt.

Officers from Interpol would travel with him and then Guede, 20, would be handed over to officers from the Perugia Flying Squad led by Giacinto Profazio.

Before leaving Germany Guede, who has joint Italian and Ivory Coast citizenship, was visited in prison by his father Roger, who he has not seen for four years and his legal team.

He told his lawyer Nicodemo Gentile: "I want to come back to Italy as quickly as possible so I can tell everything I know.

"I want to identify Meredith’s killer. I saw him and I can recognise him. He was not alone, someone else was with him."

After returning to Perugia, Mr Gentile said in his Perugia office: “Rudy stressed to his father and us that he had nothing to do with Meredith Kercher’s murder.

"He said that he had been with Meredith and that they had kissed. He said that he then felt ill and went into the bathroom with his ipod on.

"He heard someone come in and then he heard Meredith shouting. He said that when he came out he saw an Italian shorter than him who had a knife and who attacked him and injured him.

"Rudy fled the scene because he was scared but before he did he tried to help Meredith."

Once back in Perugia he will be questioned by judge Claudia Matteini and Perugia prosecutor Giuliano Mignini.

Mr Mignini is also due to re-interview computer studies student Sollecito. Both he and Knox have been held in Perugia’s Capanne jail for a month.



THE DAILY TELEGRAPH


PHOEBE NATANSON and ANN WISE for ABC wrote:
Judge Believes 'Group' Involved in Perugia Murder

In New Documents Judges Describe 'Group Participation' in Student's Murder


Chilling new evidence in the investigation into whether American student Amanda Knox took part in the murder of her college roommate indicates that more than one person was involved in what the court described as a "ferocious" assault.

(AP Photo )Newly filed court papers in Perugia, Italy, obtained by ABCNEWS.com, cite a neighbor who heard bloodcurdling screams the night of the Nov. 1 murder, followed by the sound of footsteps from several people running away.

The papers were filed this week by a three-judge panel to keep Ivory Coast native Rudy Hermann Guede in jail on suspicion of murder. The court had previously ruled that Knox and her boyfriend Raffale Sollecito were also to remain behind bars while the investigation continued.

Knox and Sollecito have claimed they were not in the house at the time of the murder, but in an 18-page court document regarding Guede, the judges summarize the evidence so far, noting that it confirms "the presence of more than one person in that house at the time Meredith was killed."

A key piece of evidence is testimony by a neighbor who said she heard terrible screaming come from the house on via della Pergola on the night of the murder. The neighbor told police she also heard the sound of hurried footsteps from a number of people running from the house "right after the tragic ending of the evening."

This is confirmation, the judges wrote, of "a group participation in the ferocious criminal act, that cannot be considered in passive terms for any of those present."

The judges have earlier concluded that Knox and Sollecito took part in the murder, with Guede's role still to be established.

Guede was denied release from jail on the grounds that his testimony was riddled with false statements, "which prevent it from being considered even a minimal or partial account of what happened." The document states that Guede's account is an "awkward attempt of an explanation" for the evidence that puts Guede on the scene of the crime.

Amanda Marie Knox, left, and Raffaele Sollecito look on outside the rented house where 21-year-old British student Meredith Kercher was found dead last November in Perugia, Italy.
(Stefano Medici/AP Photo)Other evidence that the prosecutor claims has implicated the trio:

A bloody handprint found on a pillow under the victim and DNA evidence found in the bathroom of the house and on Kercher's body belonged to Guede.

A bloody shoe print on the scene of the crime matched Sollecito's shoe.

A knife found in Sollecito's house contained DNA from Knox on the handle and from the victim on the blade.

Knox's blood was found on the sink in one of the bathrooms, and the absence of her fingerprints in the house where she lived (except for a single print on a glass) was evidence that she was there and carefully cleaned up traces of her presence.

Knox has said that she was with Sollecito at his house for the entire night of Nov. 1, but Sollecito's proof that he, too was home — his use of the computer that night — has been dismantled by police.

The panel of three judges, presided over by Andrea Battistacci, remains baffled for a motive in the grisly attack.

Battistacci wrote that the "incredible and ferocious" murder came out of the atmosphere of the meeting of many new people that is typical of university life. Yet the judge is clearly taken aback by the violence "because it is instinctively inacceptable that young people of the same age who are also acquaintances of the victim, could take their thoughtlessness to such an extreme as to commits such a cruel crime without their being a strong conflict or an extreme state of alteration."

The suspicion of investigators and judges who have ruled on this case so far is that the murder was the result of a sexual assault gone wrong.

On Tuesday, investigators returned to the house where Kercher was killed to gather more evidence and removed various objects from the house for tests.

A fourth suspect, "Patrick" Diya Lumumba, 44, is still under investigation, but no longer in jail. He was released because the prosecutor decided he did not have enough evidence to justify his continued jail custody.

With additional reporting from Perugia by Carla Rumor



ABC NEWS
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Judge Massei Sentencing Report     The Meredith Kercher Fund     The Murder Of Meredith Kercher Wiki     True Justice For Meredith Kercher     Judge Nencini Sentencing Report 


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