Wednesday, February 03, 2016
Knox’s Unsound Appeal To The European Court Of Human Rights Slapped Down By Cassation
Posted by Our Main Posters
Knox lawyer Carlos Dalla Vedova may have drafted the dishonest ECHR appeal
1. The False Rumor Of ECHR Acceptance Of Knox Case
Eagle-eyed Ergon picked up this rumor, said to come from Chris Mellas (so whats new?): “Word on the street is the ECHR has accepted Knox’s appeal”
Really? Accepted? We contacted the Press Office in Strasbourg and they promptly denied it: “The case in question will be examined by the Court in due time. No decision has been taken as to its admissibility so far.”
That is the limbo status of about 95% of cases from all member countries lodged with the ECHR. The Court has in fact complained that Italian defense lawyers in particular are bogging down the Court’s work with numerous cases on spurious grounds.
2. The Knox Case Fails Our Extensive Lie-Checking
That Knox’s appeal was premature, legally unsound and factually incorrect was shown in great posts by Kermit and James Raper and FinnMacCool. James Raper also attacked the appeal from another angle.
Our mega-series on the Knox interrogation hoax and the Knox false confession hoax presented hard proof, not only that Knox had NOT been leaned on to criminally frame Patrick - she had not even been interrogated.
Her own lawyers had never once supported her, except in trying to chill her hyperbole when she was on the witness stand at her trial.
Nevertheless Knox still airs the phony torture charge at every opportunity, even including that false claim in her infamous email to Judge Nencini - which he sarcastically brushed aside with the advice that Knox should turn up in person.
3. The Knox Case Also Fails ECHR’s Own Submission Rules
ECHR appeals are not eligible for consideration before ALL national legal processes have been exhausted.
Nevertheless, the Knox team jumped the gun in filing the appeal several years early, and even trying to delay the final ruling of the Fifth Chambers so it could come first.
4. The Knox Case Also Fails Italian Law And Case Facts
The Knox defense in filing its submission to the Fifth Chambers had to reveal what its ECHR case was all about. Finally, some hard facts out in the open.
The case included once again the malicious charge Knox again and again makes of “torture”. Here is a summary of the Knox team’s ECHR appeal, as summarised in the Fifth Chambers Report:
[4.1] And at the end, a delay of the judgment is proposed while waiting for the decision of the European Court of Human Rights, following the presentation to the international judicial body on the appeal of 11.22.2013, for alleged violation of the right to an equal trial, according to the article 6 par. 3 lett. a/c ECHR; for alleged violation of defense rights, according to the article 48 par. 2 of the Chart of Fundamental Rights of the European Union; and for the violation of the prohibition on torturing, according to the articles 3 ECHR and 4 of the Chart of Fundamental Rights of the European Union.
But Judges Marasca and Bruno for the Fifth Chambers ruled that Knox had no grounds for such a delay in their own appeal.
And beyond that, Judges Marasca and Bruno ruled (warning the Court in Strasbourg) that Knox had no ECHR case at all under Italian law. In effect the ECHR should not waste its time.
[2.2]The request of Amanda Knox’s defense aimed at the postponing of the present trial to wait for the decision of the European Court of Justice [sic] has no merit, due to the definitive status of the guilty verdict for the crime of calunnia now protected as a partial final status against a denouncement of arbitrary and coercive treatments allegedly carried out by the investigators against the accused to the point of coercing her will and damaging her moral freedom in violation of article 188 of penal procedure code.
And also a possible decision of the European Court in favor of Ms. Knox, in the sense of a desired recognition of non-orthodox treatment of her by investigators, could not in any way affect the final verdict not even in the event of a possible review of the verdict considering
- the slanderous accusations that the accused produced against Lumumba consequent to the asserted coercions; and
- confirmed by her before the Public Prosecutor [Dr Mignini] during the subsequent session, in a context which, institutionally, is immune from anomalous psychological pressures; and
- also confirmed in her memoriale, at a moment when the same accuser was alone with herself and her conscience in conditions of objective peacefulness, sheltered from environmental influence;
- and were even restated, after some time, during the validation of the arrest of Lumumba, before the investigating judge in charge.
5. As ECHR Case Fails On All Fronts No Joy For Knox
A Strasbourg legal clerk only has to read the words in that last paragraph in bold, and the next notice from the ECHR Press Office will say that the appeal has been rejected.
End of story. Give it a rest, Chris Mellas and Amanda Knox.
Comments
One thing that has always amused me about the bottom feeding slime that support the murderers of Meredith Kercher, that being Raphael Sollecito and Amanda Knox….
They are always so quick, in their knee jerk methodology to scream about protecting the murdering b*tch. The point is they immediately come out in their rabid defense because they know damn well that she is as guilty as sin and that anything else will be looked upon as a weakness.
Of course at a young age Knox herself developed a deep seated and convoluted psychosis which disturbed her inner child so much that later in life she psychologically transmuted this profiled psychosis into fear of her father who had abandoned her when she was a child. The development of this usually takes place before the age of five.
This psychosis, rather obviously and by synchronicity created a diametrically opposed fear of any dominant person she came across, ie Meredith.
The dichotomy of this was an amplification which therefore manifested itself by her being promiscuous because, of course, in her sick mind the only way that she could be excepted into society was through having indiscriminate sex with anybody and anything that moved. ie The greater the risk the better of course, or more to the point “I will show my father just what a cheap slut I can be then he will love me.”
This deep seated psychosis, as a counter balance and just as nature abhors a vacuum, manifested itself in her fear of being dominated by anyone. Hence Sollecito (weak) to Knox (strong)
The psychological problems she has encountered in her later life which obviously started with her fathers abandonment and her mother promiscuity has caused the deep seated hate she feels for anyone who questions her veracity and points out her lies.
Amanda Knox will lash out in any way she can in order to protect the innocent-virgin-victim persona she has built for herself. This fear compounded by her deep seated hate will continue to manifest itself sooner or later because just as a pressure cooker Knox will be unable to hold these feelings of persecution inside for any length of time.
The constant fear she feels in being discovered will continue to haunt her because above all else people feelings towards her are paramount in her survival This will continue of course since it is tantamount to excepting her inner child as victim.
In conclusion, even if you discount 75% of the evidence and therefore given the overwhelming 25% of the remaining evidence, there is absolutely no doubt at all that Amanda Marie Knox and Raphael Sollicito are guilty of the brutal murder of Meredith Kercher and they will pay for it one way or the other. Knox in particular will fall harder because she believes in her own lies.
Posted by Grahame Rhodes on 02/03/16 at 11:42 PM | #
Knox doesn’t have a leg to stand on with her appeal to ECHR. What a frivolous lawsuit, utter waste of the high court’s time.
@Grahame Rhodes, Knox has developed the reactionary mentality you describe, absolutely. She may well come unhinged with the pressure of suppressing the truth and forcing herself and everyone around her to believe lies. She will never be able to trust anyone, knowing how much of a liar she is herself. She may have a complete breakdown ultimately, to punish herself in her own way for the crime (as you say, by her own authority and no other).
On happier note, I rediscovered Vinesong recently. They have a UK Tour in London Feb. 6 and 7 and in Streatham, London Feb. 7…a music and healing ministry.
https://www.youtube.com/watch?v=3teyIqChf8M&list=RD3teyIqChf8M
Posted by Hopeful on 02/04/16 at 12:40 AM | #
I saw The People V. OJ Simpson last night http://www.imdb.com/title/tt2788432/
Awesome, two thumbs up. Highest rated show on FX cable TV ever at 5 million viewers. It is so good, and , the parallels between this case and AK/RS 😊
Posted by Ergon on 02/04/16 at 05:28 AM | #
Hi Grahame Rhodes and Hopeful:
On the damaged Knox psyche (which we all see but which they will never never admit) it would be good to get Curt Knox on the stand to finally explain all of this.
Life is made ever more complicated for Knox because she is forbidden therapy, and has to continue to “evolve” her narrative or become terminally the empress without clothes.
The reason she is so intent on the false confession hoax is because it is the ONLY way she can explain those subsequent accusations of Patrick that Judges Marasca & Bruno list above.
She wants the world to believe that she was so spooked by X that she was not back in her own normal mind for days.
The problems with this are that she has not one psychology expert any longer on her side; and she was totally unbelievable about this loss of mind when on the witness stand.
If you want to be seen by the world as a shrinking violet who COULD have lost her mind, you dont want to be getting on the stand in extreme macho mode, firing the interpreter, being callous and sarcastic about Meredith’s body, reeking of crazy self-love, showing zero remorse for the immense damage to Patrick, and blazing away at all the questions she had in fact agreed to accept.
Italy can also throw at her via the ECHR this: that she was dealing daily with her drug dealer (the one who kept Meredith awake in the next room) right up to point of her arrest. He was charged and imprisoned later ONLY because there was a trail to him via Knox’s phone.
Perugia police DO believe Knox’s brain was addled. But it was not from any coercion. It was from Sollecito’s reversal and all the drugs.
Posted by Peter Quennell on 02/04/16 at 08:11 PM | #
And on the strangeness of Sollecito there were some remarkably interesting comments about the Sollecito family dynamics on this thread:
Posted by Peter Quennell on 02/04/16 at 08:32 PM | #
In all fairness Pete, there is a finer point to be made here:
Bruno/Marasca killed the case completely rather than send it back to Nencini (or another appeal judge) simply to avoid having another set of eyes question the decision.
I suspect B/M sabotaged the ECHR appeal simply so they wouldn’t take too close a look. Better to just say it’s ‘‘baseless’’ and get it tossed.
Remember, B/M are in survival mode
Posted by Chimera on 02/04/16 at 11:15 PM | #
Hi Chimera.
There was a much-noticed shift in the Fifth Chambers position from March to September.
You describe how the March announcement was read in legal circles. But the September announcement was a lot more subtle and pressures such as Mignini’s had paid off.
They were not in survival mode back in March but that had crept up on them in the months following. From being 100% gungho for Bongiorno and Sollecito (and thus knox) it was wound back to 51%.
It has disadvantaged both RS and AK in several ways.
Including this killing of the ECHR appeal (which any court would have argued the same way - actually the same way our main posters did).
Including putting AK and RS “there” and opening the way to a rather easy wrongful death suit.
And including the opening for Guede now. If his new Rome lawyers can get that appeal to the First Chambers (the only one which handles murder appeals) M&B should feel the final turn of the screw. AK & RS likewise.
Keep an eye on our Italiano page. It is being populated more and more with material that legal teams should find very useful. Guede got a LOT of offers to help, from excellent law firms who could run rings round the daffy Bongiorno.
Posted by Peter Quennell on 02/05/16 at 12:42 PM | #
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