Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: KC_Conspirator
Is all that true, or is that just what the newspapers claim?

Myth: The prosecution case was based on the theory of a "satanic ritual

From the link above:

Not true. This was first claimed by one of Sollecito's defence lawyers, Luca Maori, following Knox and Sollecito's commmittal hearing in October 2008.[7] The hearing was in camera, so we do not know exactly what was said during that hearing, but Giuliano Mignini, the prosecutor, has always denied mentioning a satanic ritual.[8][9] Certainly, the motivation report, written by the judge who conducted that court makes no mention of a satanic ritual as a possible motive.[10] Nor is it mentioned in Judge Massei's motivation report, relating to Knox and Sollecito's trial, so it is beyond doubt that such a motive played absolutely no part in the decision to convict Knox and Sollecito.[11] This myth is so pervasive that it is hard to believe that there is no foundation for it: however, it does not appear in the sentencing reports of any of the courts that have considered this case. It does not even get a passing mention as a prosecution theory that was rejected: it is completely absent. (Read more at link above.)

Myth: Guede cut a deal with prosecutors

From the link above:

Not true. While Knox and Sollecito have recently been alleging deals being offered or deals being made, deals of the sort Americans are accustomed to are not allowed in Italy. All three accused were initially meant to be tried together, and likely were advised of all of their options at the outset. One of these options is what's known as a fast-track trial, usually involving a not-guilty plea but with less evidence presented from either side. For this a one-third reduction in sentence is automatically granted in the event of a conviction—and life sentences are reduced to 30 years. Guede elected to sever his case from Knox and Sollecito, fearing they would gang up on him in a joint trial, and to take the fast-track option. At Guede's trial Judge Micheli imposed a 30-year sentence, the fast-track equivalent of a life sentence, and the harshest sentence that the court could award. By the time of Guede's appeal, Knox and Sollecito's trial had been concluded, with their being given the benefit of generic mitigating factors, such as their young age—hence they were given 24 year sentences for the murder charge. At Guede's appeal, he was credited with the same mitigating factors (he is, for example, younger than Sollecito). The fast-track tariff (one third reduction) means that his equivalent sentence is two thirds of 24 years, which is 16 years. That is the sentence that he is currently serving. Under Article 176 of the Italian Criminal Code, he will be eligible for parole (libertà condizionata) when he has less than five years remaining of his sentence, which will be in 2018. Prior to that, in 2014 Guede will be eligible to leave the prison during the day on work release (semilibertà).

Guede has thus received no reductions in his sentence other than the generic mitigating factors also enjoyed by Knox and Sollecito, plus the automatic fast-track reduction of one third—an option open to Knox and Sollecito which they chose to reject.

115 posted on 03/28/2015 12:14:29 PM PDT by Tired of Taxes
[ Post Reply | Private Reply | To 111 | View Replies ]


To: Tired of Taxes

Sorry, but that whole page is a myth.


116 posted on 03/28/2015 12:21:24 PM PDT by KC_Conspirator
[ Post Reply | Private Reply | To 115 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson