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Italy appeals court clears Knox of murder

PERUGIA, Italy (AP) -- Amanda Knox left prison Monday, a free woman for the first time in four years, after an Italian appeals court threw out the young American’s murder conviction in the sexual assault and stabbing death of her British roommate.

Knox, 24, collapsed in tears after the verdict was read, her lawyers draping their arms around her in support. Her co-defendant and former boyfriend, Italian Raffaele Sollecito, also was cleared of killing 21-year-old Meredith Kercher in 2007.
 

Amanda Knox arrives for an appeal hearing at the Perugia court, central Italy, Monday, Oct. 3, 2011. (AP-Yonhap News)
Amanda Knox arrives for an appeal hearing at the Perugia court, central Italy, Monday, Oct. 3, 2011. (AP-Yonhap News)


“We’re thankful that Amanda’s nightmare is over,” her younger sister, Deanna Knox, told reporters outside the courthouse. “She suffered for four years for a crime she did not commit.”

The eight-member jury acquitted both Knox and Sollecito of murder after a court-ordered review of the DNA evidence cast serious doubts over the main DNA evidence linking the two to the crime.

While the court won’t release its reasons for clearing the two for weeks, the discrediting of the DNA evidence was believed to have been the fatal blow to the prosecution’s case in the absence of a clear motive.

The jury had two options to acquit: determining there wasn’t enough evidence to uphold the conviction or that the pair simply didn’t commit the crime. The jury determined the latter, clearing Knox and Sollecito completely.

Even if prosecutors appeal the acquittal to Italy’s highest court, nothing in Italian law would prevent her from returning home to Seattle. An Italian lawmaker who has championed her case, Rocco Girlanda, said she was due to fly out Tuesday from Rome.

About 90 minutes after the verdict was handed down a black Mercedes carrying Knox was seen leaving the prison.

The jury upheld Knox’s conviction on a charge of slander for accusing bar owner Diya “Patrick” Lumumba of carrying out the killing. But he set the sentence at three years, meaning for time served. Knox has been in prison since Nov. 6, 2007, five days after the murder.

The Kercher family looked on grimly and a bit dazed as the verdict was read out by the judge after 11 hours of deliberations. Outside the courthouse, some of the hundreds of observers shouted, “Shame! Shame!”

“We respect the decision of the judges but we do not understand how the decision of the first trial could be so radically overturned,” the Kerchers said in a statement. “We still trust the Italian justice system and hope that the truth will eventually emerge.”

The victim’s sister, Stephanie Kercher, who was in Perugia with her mother and brother for the verdict, lamented that Meredith “has been nearly forgotten.”

Inside the frescoed courtroom, Knox’s parents, who have regularly traveled from their home in Seattle to Perugia to visit her over the past four years, hugged their lawyers and cried with joy. Knox herself was so overwhelmed with tears that two guards tugged on her arms to escort her out of the courtroom.

One of Knox’s lawyers, Carlo della Vedova said he didn’t know when Knox would leave the country. Knox needed to renew her passport, but it’s not clear how quickly that could be done or if the paperwork was already completed.

The trial has captivated audiences worldwide. Knox and Sollecito, who had just begun dating, were convicted of murdering Kercher in what the lower court said began as a drug-fueled sexual assault.

Also convicted in separate proceedings was Rudy Hermann Guede, a small-time drug dealer and drifter who spent most of his life in Italy after arriving here from his native Ivory Coast. Guede was convicted in a separate fast-track procedure and saw his sentence cut to 16 years in his final appeal.

Lawyers for Knox and Sollecito charged that Guede was the sole killer, but the prosecution and a lawyer for the Kercher family said bruises and a lack of defensive wounds on Kercher’s body prove there was more than one aggressor holding her down.

After the verdict, the U.S. State Department said it appreciated the “careful consideration” the Italian justice system gave to the case. “Our embassy in Rome will continue to provide appropriate consular assistance to Ms. Knox and her family,” spokeswoman Victoria Nuland said after the verdict.

In Seattle, about a dozen Knox supporters were overjoyed.

“She’s free!” and “We did it!” they shouted at a hotel where they watched the court proceedings on TV.

Earlier Monday, Knox tearfully told the court in fluent Italian that she did not kill the woman who shared an apartment with her when they were both students in Perugia. Knox frequently paused for breath as she spoke to the eight members of the jury in a packed courtroom, but managed to maintain her composure during the 10-minute address.

“I’ve lost a friend in the worst, most brutal, most inexplicable way possible,” she said. “I’m paying with my life for things that I didn’t do.”

Knox and Sollecito were convicted of sexually assaulting and murdering Kercher, who was stabbed to death in her bedroom. Knox was sentenced to 26 years in prison, Sollecito to 25.

“I never hurt anyone, never in my life,” Sollecito said Monday in his own speech to the jury.

The prosecution’s case was set back during the appeal when two court-ordered independent experts reviewed the DNA evidence that had been used to link the two to the crime during the first trial.

From the start, the weak point in the prosecution’s case was the lack of motive along with unreliable and at times contradictory eyewitness testimony. Therefore, much depended on the scientific evidence gathered by investigators.

Prosecutors maintain that Knox’s DNA was found on the handle of a kitchen knife believed to be the murder weapon, and that Kercher’s DNA was found on the blade. They said Sollecito’s DNA was on the clasp of Kercher’s bra as part of a mix of evidence that also included the victim’s genetic profile.

But the independent review -- ordered at the request of the defense, which had always disputed those findings -- reached a different conclusion.

The two experts found that police conducting the investigation had made glaring errors in evidence-collecting and that below-standard testing and possible contamination raised doubts over the attribution of DNA traces, both on the blade and on the bra clasp, which was collected from the crime scene 46 days after the murder.

The review was crucial in the case because no motive has emerged and witness testimony was contradictory.

Prosecutors spent several hearings and a significant portion of their closing arguments trying to refute the review, attacking the experts as unqualified, standing by their original conclusions and defending the work of forensic police.

They also pointed to what a prosecutor, Manuela Comodi, called “gigantic, rock-solid circumstantial evidence” that contributed to the original convictions.

What led the appeals court to reach its decision will be explained when the court issues the mandatory written motivation -- due within 90 days of the verdict.

Hundreds of eager observers gathered outside the courthouse ahead of the announcement, joining television vans that have been camped out for more than a week. One hundred reporters were allowed into the subterranean courtroom.

Observers lined the street leading to the courthouse, taking pictures as the two vans carrying Knox and Sollecito from prison to court passed by.

As the verdict was broadcast live, hundreds of reporters and camera crews filled the courtroom before Knox’s address, while police outside cordoned off the entrance.

Knox told the court in her final appeal that she has always wanted justice for Kercher.

“She had her bedroom next to mine. She was killed in our own apartment. If I had been there that night, I would be dead,” Knox said. “But I was not there.”

“I did not kill. I did not rape. I did not steal. I wasn’t there,” she said.

Sollecito was anxious as he addressed the court, shifting as he spoke and stopping to sip water. He said the time before the murder had been a happy one for him. He was close to presenting his thesis to graduate from university and had just met Knox. They had planned to spend that weekend together “in tenderness and cuddles,” he said.

At the end of his 17-minute address, Sollecito took off a white rubber bracelet emblazoned with “Free Amanda and Raffaele” that he said he has been wearing for four years.

“I have never taken it off. Many emotions are concentrated in this bracelet,” he said. “Now I want to pay homage to the court. The moment to take it off has arrived.”

 

<한글기사>

룸메이트 살인 혐의 美 여대생 항소심서 무죄

DNA 증거 신뢰성 무너져..명예훼손 혐의는 유죄

지난 2007년 이탈리아 페루자에서 룸메이트 인 영국 여대생을 살해한 혐의로 1심에서 26년형을 선고받고 복역 중이던 미국인 여대생 아만다 녹스(당시 20세)에게 항소심에서 살인 혐의에 대해 무죄가 선고됐다.

이탈리아 페루자 항소법원은 3일 밤(현지 시간) 녹스와 녹스의 애인이었던 이탈 리아 남학생 라파엘 솔레시토(당시 23세)의 살인 혐의에 대해 무죄를 선고하고 석방 토록 했다.

이에 따라 녹스와 솔레시토는 4년 만에 자유를 찾게 됐다고 AP 등 외신들이 전했다.

미국 시애틀 워싱턴 대학에서 유학온 녹스와 컴퓨터를 전공한 애인 솔레시토는 지난 2007년 11월 같은 집에서 살던 영국인 여대생 메러디스 커쳐(당시 21세)를  살해한 혐의로 사건 발생 5일 만에 체포됐다.

영국 리즈대학에 다니다 교환 학생으로 페루자에 온 커쳐는 자신의 방에서 반나 체로 목에 심한 상처를 입고 숨진 채 발견됐다.

현지 검찰은 솔레시토의 집에서 발견된 흉기에서 피해자의 혈흔과 녹스의 DNA가 동시에 검출된 점을 유력한 증거로 내세워 두 사람을 살인 혐의로 기소했다.

검찰은 녹스가 커쳐에게 애인 솔레시토, 또 다른 용의자였던 코트디부아르 출신 루디 구데(당시 20세) 등 4명이 함께 성관계를 가질 것을 요구했다가 싸움이 벌어졌고, 이 과정에서 커쳐가 살해된 것으로 결론내렸다.

구데는 재판에서 징역 30년형을 선고받은 뒤 추후 16년형으로 감형됐지만, 녹스와 솔레시토는 줄곧 범행 사실을 부인해왔다.

1심 법원은 지난 2009년 12월 살인과 성폭행 혐의로 녹스에게 징역 26년형을, 솔레시토에게 25년형을 각각 선고했지만 두 사람은 지난해 11월 항소했다.

1심 선고의 핵심 쟁점이었던 DNA 증거에 대해 재조사를 실시한 외부 전문가들은 항소심 재판에서 경찰의 조사 결과를 신뢰할 수 없다고 밝혔고, 이는 항소심 재판부 의 무죄 선고를 이끌어내는 데 결정적인 역할을 했다.

이날 열린 공판에서 녹스는 "나는 최악의, 가장 잔인한 상황에서, 가장 이해할 수 없는 방식으로 친구를 잃었다"며 "내가 저지르지 않은 일 때문에 인생을 망쳤다"며 눈물로 호소했다.

솔레시토 역시 "살아오면서 어느 누구에게도 해를 끼친 적이 없다"고 무죄를 주 장했다.

판결이 나오자 녹스와 솔레시토는 변호인단과 가족들의 품에 안긴 채 기쁨의 눈물을 흘렸다.

솔레시토의 변호사인 줄리아 본조르노는 "우리는 이 순간을 4년 동안 기다려 왔다"고 말했다.

한편 항소심 재판부는 술집 주인 디야 패트릭 루뭄바가 살인을 저질렀다고 주장 한 녹스의 명예훼손 혐의 부분에 대해서는 1심의 유죄 판결을 유지했다. 그러나 녹스는 명예훼손 혐의에 따른 3년의 형기를 이미 채운 상태다.

검찰은 항소심 판결에 불복해 상고할지에 대해서는 언급하지 않았다.

시애틀에서 재판 결과를 지켜보던 녹스의 지지자들은 살인 혐의에 무죄가 선고 되자 "우리가 해냈다", "그녀는 자유다"라며 환호했다.

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