Monday, December 21, 2009

Rudy Guede Appeal: Not Yet The Hoped-For Last-Minute Story Change

Posted by Tiziano

As my fellow poster Commisario Montalbano explains under the post directly below, Rudy Guede might get several years off, for some equity relative to the Knox-Sollecito sentences.

But other than that, his appeal grounds still don’t consist of coming clean and giving us all, Meredith’s family and friends especially, the full story of why and how things happened as they did which might make a SERIOUS difference.

This is a translated summary of the report in advance of today’s hearings from the news agency Adnkronos

Rudy Guede has 2 days to risk all for his future, 48 hours to dismantle the “concrete castle” of reasons for his guilty verdict and 30 years in gaol

Now serving his term in prison in Viterbo, Guede, 23, a former basketball player plays his last cards Monday & Tuesday in Appeal Court; the appeals court has already refused to reopen his case and requests for more expert reports made by Gentile & Biscotto, his lawyers

The riskiest card to play? That of sexual violence. Guede says he was in the bathroom when two assassins entered, one of whom was Amanda Knox; his only guilt was in not helping Meredith; He says he was in intimate contact with Meredith, but not against her will

Meredith’s body was found half-clothed although she did not have major bruising. Guede claims Meredith was dying but fully clothed when he ran away; he asks why he would have simulated violence; that would have directed blame against him as he had had contact with her. Thus someone else turned the house over and undressed Meredith according to Guede; proving this, her legs were not blood-stained, so she was wearing jeans when killed

There is a hard battle ahead [in these two days]: the reasons for the 1st stage trial verdict [Judge Micheli’s] were not in doubt according [Judge Micheli], and the prosecutor has asked already for confirmation. But in the meantime [the past one year] other things have transpired

Guede chose his fast-track trial in hope of a discounted sentence, but in fact received the heaviest of the sentences: Knox & Sollecito were granted some relief on their penalties as they were recognized as deserving general mitigating circumstances, resulting in their sentences of 26 & 25 years respectively

Although his case is independent of AK/RS trial, he continues to say:“Now there is confirmation that my verdict was unjust”  Guede’s lawyers will ask for his full acquittal, but he would get just below 20 years even if he were only granted mitigating circumstances

On Monday the civil complainants will appear; and Maresca & Perna (for the Kercher family) will come first at the hearing; then it will be the turn of Guede’s defenders

And this is translated from this morning’s El Messagero

Guede has claimed in a statement that he was only guilty of failure to help Meredith: He did not kill her, neither did he violate her. He claims there was a difference of opinion between AK & MK over money.

He turned to Kercher lawyers & stated that he wished Meredith’s parents to know his only fault was in his failure to assist their daughter as she lay dying

Added: The AGI news service is reporting from the hearings Guede’s lawyers are bitterly attacking the media and especially Knox’s and Sollecito’s lawyers for trying to pin all the blame onto him.

Posted by Tiziano on 12/21/09 at 03:02 PM in Trials 2008 & 2009Guede appeals

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Thanks Tiziano, for translating this.

I don’t know if Rudy had as great a part in this as Amanda and Raffaele. We haven’t seen all the evidence. His comment about the pants makes sense. However, he was seen by Kokomani “hanging out” with the other two. Clearly there is something “wrong” with his story. If he wants to get more time off, then he should tell what really happened. Start first by ending this “consensual sex with Meredith” nonsense.

What is he afraid of? Do Sollecito’s minions reach into the prison? It’s impossible to know at this point. Rudy’s stonewalling is one of the most frustrating things for those of us following this case.

Posted by Earthling on 12/21/09 at 06:39 PM | #

One of the most frustrating points for me on this has been not fully understanding the extent of the assault. I understand that this is a site primarily devoted to preserving Meredith’s good name and that posts here are done in the most honorable way possible, so I don’t want to sound disrespectful with my question. Here it is, in the best way I know how to ask it, for those who have read Rudy’s trial report: Was Meredith “raped” or “sexually assaulted”? There is a difference, and for me, that difference is critical in theorizing both Rudy’s involvement, and the murder itself. I KNOW he left DNA, but I have heard a wide array of stories about the autopsy report and the nature of that DNA. I wouldn’t dream of asking for disgusting details, so in answering the question, simply state whether she was raped or assaulted. I would think the definition of each would be quite clear, and I appologize in advance if that question offends anyone.


Posted by nashvilletn on 12/21/09 at 06:57 PM | #

nashvilletn: DNA belonging to Rudy Guede was found in the victim’s vaginal area using a swab. Forensic pathologists also saw slight signs of irritation on the labia. They found no semen however, therefore the DNA level might have been the result of manual contact (Rudy admitted that he touched her in that area) and not necessarily penetration with his genitals. They also could not determine if forcible sexual activity (sexual assault) had taken place or if it was consensual. The prosecution’s theory was that it was forcible, however pathologists could not confirm that.

Posted by Commissario Montalbano on 12/21/09 at 08:58 PM | #

I understand nashvilletn, I think we all do. My understanding is that she was assaulted. I don’t want to get into the specifics as I believe you can find them here or on the PMF board.

Posted by tigger34 on 12/21/09 at 08:59 PM | #

thanks guys. very tender subject matter, but that answered the question for me.

Posted by nashvilletn on 12/21/09 at 09:09 PM | #

Thank you Commissario for putting that so delicately. Even still, the description itself just sickens me.

Posted by tigger34 on 12/21/09 at 09:20 PM | #

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