User:Overagainst

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[1]

Andreotti came under suspicion because his relatively small faction within the Christian Democrats included Salvatore Lima, who had a key role. In Sicily, Lima cooperated with a Palermo-based Mafia leadership which operated below the surface of public life, using control of large numbers of votes to enable mutually beneficial relationships with local politicians. Traditionally, Sicilians did not acknowledge the existence of the Mafia as a coherent organised group, assertions to the contrary were seen as running Sicily down. In a 2009 interview, while admitting that many Sicilian politicians had Mafia links, Andreotti said "But Lima never spoke to me about these things".[1][2] "Lima became the prisoner of a system," according to an informer. "Before this latest generation, being a friend of mafiosi was easy for everybody… It was a great honour for a mafioso to have a member of parliament at a wedding or a baptism… When a mafioso saw a parliamentarian he would take off his hat and offer him a seat." By the mid 80's the old low profile Mafia was overthrown by the Corleonesi, an extremely violent faction led by fugitive Salvatore Riina.[3] Andreotti's relationship to Lima caused suspicion that he had some kind of link to the murders of the Corleonesi, the anti-Mafia judge Giovanni Falcone once toyed with this idea.[4] It is generally accepted that in Andreotti's government of 1991–92 he took a decisive anti Mafia stance, epitomized by the presence of Falcone in a high powered post at the Ministry of Justice.[5]

Angered by the January 1992 upholding of the Maxi Trial convictions by the supreme court, Riina embarked on a murder campaign. The first victim was Lima, shot dead in March.[6]. In May 1992 Falcone, his wife and three police officers died in the blast of a huge improvised explosive device on a highway outside of Palermo. Further bomb outrages followed and led to the Mafia being seen as a threat to the country.[2] Balduccio Di Maggio, an ambitious Mafioso Riina had reprimanded, turned informer and led police to complex of villas where a wealthy businessman who acted as Riina's driver lived. In January 1993 Carabinieri arrested Totò Riina in Palermo.[7][8][9] In 1993 Di Maggio, now claiming to have himself been Riina's driver, was a witness against Andreotti in Palermo on charges of colluding with the Mafia. It emerged that Di Maggio]], had received a US$ 300,000 ‘bonus’ under the witness-protection program, and committed a number of murders while in the witness protection programme.[10][11][12][13] Andreotti dismissed the charges against him as “lies and slander … the kiss of Riina, mafia summits … scenes out of a comic horror film.


Giulio Andreotti (Italian: [ˈʤuːljo andreˈɔtti]; 14 January 1919 – 6 May 2013) was a centre-right Italian politician of the Christian Democracy party and seven-time premier, often seen as the quintessential insider. After a chance encounter with Alcide De Gasperi, Andreotti became active politically. The compromise that his mentor Gasperi advocated was central to Andreotti's political style; some interpreted it as showing a certain cynicism . He attained junior ministerial rank at the age of 28, and first became prime minister in 1972. Although playing a major role in the watersheds of national life, he ensured there was establishment assent for any policy before proposing it and was not identified with initiatives. His presence in government reassured the civil service, business, and especially the Vatican. Because he had firmly aligned Italy with the United States and kept the Communist Party out of any coalition, Andreotti was seen as able to quell disquiet over the implementation of Aldo Moro's proposal to integrate the Communists into government. Admirers of Andreotti saw him as having mediated political and social contradictions, thereby building up the country, and restoring its international respect. Critics said he had done nothing against a system of patronage that had led to pervasive corruption. In his personal life he was an owlish figure, a devout Catholic with a relatively modest lifestyle who did not use his position to enrich himself or his family.

At the height of his prestige as a statesman, Andreotti was subjected to criminal prosecutions. He was acquitted at a trial in Palermo of collaborating with the Mafia, which his close Sicilian allies had known links to. At a trial in Perugia in 2002, he was found guilty of ordering the murder of a journalist; a charge even political enemies found hard to believe, and which led to complaints that the justice system had gone mad. He was later difinitively acquitted by the supreme court. Andreotti remarked "Apart from the Punic Wars, for which I was too young, I have been blamed for everything".

He served as the 41st Prime Minister of Italy from 1972 to 1973, from 1976 to 1979 and from 1989 to 1992.[14] He also served as Minister of the Interior (1954 and 1978), Defense Minister (1959–1966 and 1974) and Foreign Minister (1983–1989) and was a Senator for life from 1991 until his death in 2013.[14] He was also a journalist and author. Andreotti was sometimes called Divo Giulio (from Latin Divus Iulius, "Divine Julius", an epithet of Julius Caesar after his posthumous deification). During the 16th term of the Senate in 2008–2013, he opted to join the parliamentary group UDC – independence.

Early years and education[edit]

Andreotti was born in Rome into a family from Segni on 14 January 1919.[14][15] He was youngest of three children.[16] His father who died when Giulio was two was a teacher.[16][17]

He studied law at the University of Rome and graduated in 1942.[17] During his studies at the university he was member of the Federazione Universitaria Cattolica Italiana (FUCI, or Italian Catholic University Federation),[15] which was then the only Catholic university association allowed by the Fascist government. Its members included many of the future leaders of the Italian Democrazia Cristiana (or DC, the Christian Democracy party).




Knox said said that during the trial her every walk across the court room, gesture, and smile was scrutinized more carefully than the evidence.[18][19] Although many observers thought that a media image of Knox had swayed perception of the facts in the case, there were differing opinions as to whether the net effect had favored or damaged perception of her by the court. American media were said to have painted Knox as innocent, because they were influenced by her appearance; while the Italian media, which nicknamed her "Angel face", had given sensational critiques of Knox's sexuality.[20] Nina Burleigh suggested that the person Knox had been in 2007 may not have been particularly nice, but for public opinion a pretty girl accused of crime had to be either perfect or guilty.[21]



NYT November 19, 2002 Andreotti's Sentence Draws Protests About 'Justice Gone Mad'</ref>

October 31, 2003 Court Clears Andreotti of Murder Charge

NYT Andreotti Is Back in Court, This Time on Murder Charge " Massimo Carminati, has been linked to right-wing terrorist group"


User:Overagainst/Subpage

The defendant is never regarded as a witness.[22] After testimony, the judges can ask questions to bring up new issues. Exclusion of evidence on the grounds it may be prejudicial does not happen in the same way as in US courts. The panel of judges that reaches a verdict are guided by the two professional among them to eliminate any prejudicial evidence they may have been exposed to, by giving it no weight in their deliberations.[23]



"Ordering a retrial last year after granting an appeal by prosecutors argued that important DNA evidence had been been wrongly discounted, the supreme court in Rome moved proceedings from Umbria to Florence, in the northern region of Tuscany" [24]

After the Italian supreme court granted an appeal by prosecutors arguing that DNA evidence had been wrongly discounted, a retrial of Knox and Sollecito's appeal began. It was heard in Florence, northern Tuscany.[25] New evidence concerned DNA said to be on the blade of a knife from Sollecito's kitchen, which the prosecution alleged was the murder weapon. The original testing of the knife, by the foresic police, had indicated the presence of Kercher's DNA, but the methodology had been had been criticised by a court appointed review of DNA evidence at the first appeal trial.[26] The knife was retested by court appointed experts for the new appeal trial, and no DNA belonging to Kercher was found on the knife.[27][28]

Under Italian law a guilty verdict is not regarded as a definitive conviction until the accused has exhausted the appeals process, irrespective of the number of times the defendant has been put on trial. [29]


[30]

Guede met a freind in the street who mentioned the murder that had ocurred the previous night. Gude told him the victim was the same girl they noticed in the pub three weeks earlier.[31]



The foundations of Italian law lie in an inquisitorial system in which a judge charged with determining the truth took many of the roles of prosecution and defence, in addition to adjudicating. Concern that too much reliance was being placed on the neutrality of judges led to the introduction of adversarial roles and functions similar to those found in US courts. As a result Italian law operates a hybrid system. Unusual aspects from a British or US standpoint are that the defendant is not regarded as a witness or required to be truthful, and may make declarations without taking an oath. Judges can question witnesses during the trial and bring up new issues. Exclusion of evidence on the grounds it may be prejudicial does not happen in the same way as in US courts. The panel of judges, guided by the two professionals among them, are expected to eliminate any prejudicial evidence they have been exposed to by giving it no weight in their deliberations.[32]

Individuals accused of any crime are considered innocent until proven guilty, although the defendant may be held in detention. Unless the accused opts for a fast track trial, murder cases are heard by a Corte d'Assise. The conviction process requires guilty verdicts at two separate sequential trials, each roughly analogous to a British jury triale. Two professional judges, one presiding and and one assistant along with six ordinary Italians serving as lay judges for a particular trial vote on a verdict, the presiding judge having two votes. A majority is sufficient for a murder conviction. A collective explanation of the grounds for the verdict in wring is required.[33] A guilty verdict is not regarded as a definitive conviction until the accused has exhausted the appeals process, irrespective of the number of times the defendant has been put on trial.[34][35]




The defence pointed out that no shoe prints, clothing fibers, hairs, fingerprints, skin cells or DNA of Knox were found on Kercher's body or clothes, or in Kercher's bedroom.[36][37] The prosecution alleged that all forensic traces in the bedroom which incriminated Knox had been wiped away by her and Sollecito.[38][39]

2 November 2007

Knox reported that having spent the with night with Sollecito, she had returned to the house in the morning and found a broken window, bloodstains, and Kercher was not answering her bedroom door, which was locked. The bedroom door was broken open, and the body of Kercher was found on the floor covered by a quilt, the cause of death was blood loss and suffocation caused by stab wounds to her neck. Money, credit cards and cellphones belonging to her were missing.[40] Within hours police decided the killer was definitely not a burglar, thereby making Knox a suspect.[41] Police also considered an unidentified black man seen hurrying from the area as a person of interest.[42] Guede met a friend who mentioned the murder, Guede told him the victim was the same girl they had been watching in a pub 3 weeks earlier.[43]

4 December

German police recorded the presence of Guede in Munich

5 November 2007

After Knox admitted to police that she had lied when denying she smoked cannabis, questioning about her cellphone activity on the night of the murder led to detectives discovering a text message "Sure. See you later. Have a good evening!" she had sent to Patrick Lumumba, a man of Congolese origin who ran a bar she worked at. Detectives interpreted the "See you later" part of the message, not as a colloquial parting phrase, but as evidence of an arrangement to meet on the night of the murder. During an ensuing interrogation, Knox—in disputed circumstances—incriminated herself and Lumumba. On 6 November Knox, Sollecito and Lumumba were arrested and charged with committing the murder of Meredith Kercher. The grounds for arrest were statements, the text messages and cellphone activity.[44]

8 November 2007

Knox, Sollecito, and Lumumba appeared before Judge Claudia Matteini. In her ruling she cited inconsistencies in Knox and Lumumba's accounts of the purpose of text messages they had sent to each other on the night of the murder, and a forensic finding that a shoe print under the quilt that covered Kercher's body had been made by Sollecito. Matteini said Kercher had died because the three defendants, especially Knox and Sollecito, wanted to experience some new sensation.[45]

15 November 2007

Forensic police reported a knife found in Sollicito's apartment kitchen had Kercher's DNA on the blade and Knox's on the handle[46]

16 November 2007

A bloody hand-print on a pillow found under Kercher's body was identified as having been made by Rudy Guede.

17 November

Forensic police identified Guede's fingerprints and shoeprints in Kercher's bedroom, his DNA on Kercher's clothes, body, and vaginal swab. Guede's DNA mixed with Kercher's was in bloodstains on the inside of her shoulder bag, as well as on the left sleeve of her bloody sweatshirt. The shoe print under the quilt forensic police formerly attributed to Sollecito, was identified as having been made by Guede.[47] A Perugia man told police Guede had broken into his house, and brandished a jackknife when confronted.[48]

30 November

A 3 judge panel led by Massimio Ricciarelli said Kercher was killed by someone she knew and there was probably more than one killer. They said Knox is someone who acts on her desires 'even when they can lead to violent and uncontrollable acts'. Asserting that 'Only Spiderman' could have entered the house through the broken window, and citing Sollecito's laptop records not matching his account of his activities as 'formidable corroboration' of him not having slept that night, the judges ordered Knox and Sollecito to be held in detention.[49]

18 December 2007

The forensic police reported that there were DNA fragments from Sollecito, as well as lesser DNA fragments from unidentified males, on Kercher's bra clasp, which had been cut from the strap. There were complete DNA profiles of Guede near the severed end of the bra strap where the clasp been cut from the strap.[50]

20 December 2007

A prosecution release order for Lumumba suggested Knox implicated him to protect Guede

16 September 2008

Having completed the investigatory case file, the prosecution formally requested Guede Knox and Sollecito stand trial. The prosecution accused Guede Knox and Sollecito of sexually assaulting and murdering Kercher for refusing to take part in a sex game, and stealing her money, credit cards, and cellphones. Knox and Sollecito were also accused of faking a break-in. Judge Paolo Micheli indited Knox and Sollecito, and granted Guede's request to give him fast track trial.[51]

28 October 2008

Micheli found Guede guilty of sexually assaulting and murdering Kercher, but acquitted him of theft, suggesting there had been no break-in. In his official statement Micheli's finding was that multiple attackers had killed Kercher to satisfy their sexual desires.[52]


Knox and Sollecito pleaded not guilty and opted for a full trial, open to the media, which began on 16 January 2009 before Judge Giancarlo Massei, Deputy Judge Beatrice Cristiani, and six lay judges at the Corte d'Assise of Perugia.[53]

Knox and Sollecito requested Guede testify at their trial, but he refused.[54] After the prosecutor had cross examined Knox on her evidence, Judge Massei asked Knox to give further details of her movements and activities on November 2, such as whether she touched a particular light switch or the timing of mobile phone calls. According to author John Follian, Massei introduced a new issue and cast doubt on Knox's version of events.[55]

The prosecution's reconstruction was that Knox had attacked Kercher in her bedroom, repeatedly banged her head against a wall, forcefully held her face and tried to strangle her.[56] Guede, Knox and Sollecito had removed Kercher's jeans, and held her on her hands and knees while Guede had sexually abused her. Knox had cut Kercher with a knife before inflicting the fatal stab wound; then stole two mobile phones and money to fake a burglary.[57]

The defense pointed out that no shoe prints, clothing fibers, hairs, fingerprints, skin cells or DNA of Knox were found on Kercher's body, clothes, or bedroom., yet multiple DNA and other forensic traces of Guede were found on Kercher and in her bedroom[36][58] Defense lawyers told the court it would have been virtually impossible for the defendants to have removed all forensic traces of Knox from the crime scene, while leaving those of Guede in place.[59] On 5 December 2009 both defendants were found guilty, Knox was sentenced to 26 years imprisonment, and Sollecito to 25 years.


American lawyers were troubled by character evidence about Knox, much of it centered on matters of a sexual nature and heard without the strenuous objections defense attorneys would have made in a US court.[60][61] Other criticisms of the trial were excessive pre-trial publicity, a concurrent civil defamation suit being used to effectively circumvent a ruling by the Italian supreme court on the inadmissibility of an improperly obtained statement, and that the judges' explanation of their verdict had contained a hypothesis with no basis in the evidence heard in court.[62][63][64][65]

Italy formerly had a classic non-adversarial system in which judges charged with determining the truth took many of the roles of prosecution and defense, this placed high demands on the abilities of judges to make impartial decisions and gave prosecutors a great deal of unsupervised power. In 1989 reforms placed investigation of crime in the hands of a prosecutor having the responsibility to gather evidence, irrespective of whether it exonerates or incriminates the suspect. The prosecutor is overseen by a judge assigned to the case, and a judge's permission is required for suspects to be detained, or to drop an investigation against them. At the end of an investigation, the defendant is notified what the charges are, and a file on the case is presented to a judge who decides whether to send the defendant for trial or dismiss the charges. At trial the judge can take an active role by questioning witnesses after they have been cross examined. In murder cases the verdict is decided by a panel of 2 professional and 6 lay judges. Admission of evidence does not happen in exactly the same way as in US court. The panel of judges that reaches a verdict are guided by the two trained professionals among them to decide if evidence that has been heard is valuable and should be given weight.[66] The judges produce a detailed written report on the reasoning behind a verdict. An appeal to the Italian supreme court can use the judges' report to decide if legal principles have been violated by a decision and if a decision is overturned the

  1. ^ Guardian, 20 February 200Prince of darkness
  2. ^ a b Follain, J., Vendetta, 2012
  3. ^ Stille, Excellent Cadavers, p. 384
  4. ^ Follain, Vendetta, p. 44
  5. ^ All the prime minister's men, by Alexander Stille, The Independent, 24 September 1995
  6. ^ Follain, Vendetta, p. 74
  7. ^ Italy Arrests Sicilian Mafia's Top Leader, The New York Times, 16 January 1993
  8. ^ Brother of top Mafia turncoat shot, BBC News, 21 March 1998
  9. ^ Follain p212-213
  10. ^ (Italian) Ergastolo a pentito Di Maggio, ANSA, April 6, 2002
  11. ^ Stille, Excellent Cadavers, p. 392
  12. ^ Andreotti and Mafia: A Kiss Related, The New York Times, 21 April 1993
  13. ^ (Italian) Le dichiarazioni di Baldassare Di Maggio, in Sentenza Andreotti
  14. ^ a b c "Giulio ANDREOTTI (XVII Legislatura), Dati anagrafici e incarichi" (in Italian). Senate of the Republic (Italy). Retrieved 6 May 2013. 
  15. ^ a b Jessup, John E. (1998). An Encyclopedic Dictionary of Conflict and Conflict Resolution, 1945-1996. Westport, CT: Greenwood Press. p. 25.   – via Questia (subscription required)
  16. ^ a b Alexander Stille (24 September 1995). "All the prime minister's men". The Independent. Retrieved 5 December 2013. 
  17. ^ a b Dennis Kavanagh (1998). "Andreotti, Giulio". A Dictionary of Political Biography. Oxford University Press. p. 14. Retrieved 31 August 2013.  – via Questia (subscription required)
  18. ^ NY Post, September 15, 2013Amanda Knox: Trial hell left me broke and broken
  19. ^ The Guardian, 8 February 2014,Who is Amanda Knox?
  20. ^ [ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012.]
  21. ^ March 29, 2013,Time World, The Amanda Knox Haters Society: How They Learned to Hate Me Too
  22. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012. page 236, note 42
  23. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012.
  24. ^ BBC news Europe 31 January 2014, Amanda Knox and Raffaele Sollecito guilty of Kercher Italy murder
  25. ^ BBC news Europe 31 January 2014, Amanda Knox and Raffaele Sollecito guilty of Kercher Italy murder
  26. ^ MSN news 11/6/13 Knox's knife DNA casts doubt on murder weapon
  27. ^ MSN news 11/6/13 Knox's knife DNA casts doubt on murder weapon
  28. ^ BBC 31 Jan 2014 Kercher trial: How does DNA contamination occur?
  29. ^ Wall Street Journal, Jan 30, 2014 Italy Court Finds Amanda Knox Guilty of Murder of U.K. Student in Retrial
  30. ^ Sky news Friday 31 January 2014 Amanda Knox 'Frightened' By Kercher Verdict
  31. ^ Folain p. 181
  32. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012.
  33. ^ Entry for Italy, U.S. Department of Justice World Factbook of Criminal Justice Systems
  34. ^ Wall Street Journal, 30 January 2014 Italy Court Finds Amanda Knox Guilty of Murder of U.K. Student in Retrial
  35. ^ Pisani, Mario; et al.; Manuale di procedura penale. Bologna, Monduzzi Editore, 2006. ISBN 88-323-6109-4.
  36. ^ a b Guardian, 22 September 2011, Amanda Knox 'hopeful of release'
  37. ^ Judgment, Trial of Rudy Hermann Guede, Court of Perugia, judgment of 28 October 2008 – 26 January 2009 (Google translation, Italian to English).
  38. ^ Falconi, Marta. "Prosecutors: Knox staged break-in after murder", Associated Press, 20 November 2009.
  39. ^ Follain p.248
  40. ^ Follain p 70-72
  41. ^ Follain p. 83-84
  42. ^ Follain p.90
  43. ^ Folain p. 181
  44. ^ Follain p 199-20
  45. ^ Follain p155-156
  46. ^ Follain p171
  47. ^ Follain p.174-7
  48. ^ Follian p179180
  49. ^ Follain p199-200
  50. ^ Follain p 218
  51. ^ Follain p 252-254
  52. ^ Follain p256
  53. ^ Massei, G. "Sentenza, Knox Amanda Marie, Sollecito Raffaele" (Italian), 4 March 2010, p. 1.
  54. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012, page 247, note 122
  55. ^ Follain, p. 322–330.
  56. ^ Follain p344
  57. ^ Follain p342-344
  58. ^ Judgment, Trial of Rudy Hermann Guede, Court of Perugia, judgment of 28 October 2008 – 26 January 2009 (Google translation, Italian to English).
  59. ^ Follain p 354-255
  60. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012, page 242 and 247
  61. ^ Telegraph, 8 Dec 2009, Only doubt over Amanda Knox conviction is exactly how they got it wrong
  62. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012.
  63. ^ Cite error: The named reference Small was invoked but never defined (see the help page).
  64. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012.
  65. ^ Vogt, Andrea (December 14, 2009). "The debate continues over Knox's guilt". Seattle Post-Intelligencer. Retrieved May 1, 2013. 
  66. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial (January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012.