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12-09-2009, 02:23 AM
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GreekChat Member
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Join Date: Mar 2008
Location: Wo shi meiguo.
Posts: 707
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Quote:
Originally Posted by Kevin
As a life-long Oklahoman, I'm going to have to take a little bit of offense to that.
And it's not anti-Americanism I suspect. It's much simpler. You have an out of control prosecutor who doesn't give a damn about the guilt or evidence of the accused, she'll just do anything, including lie and cheat to win a conviction. And that sort of prosecutor, unfortunately isn't only found in Italy. We have them in Oklahoma also. Even so, there's no way in hell even our worst would attempt, much less get away with what the prosecutor in the Knox case has apparently done. Not even in the most backwater, rural, redneck part of this fine state would that happen.
Apparently, Italy's Code of Evidence allows prosecutors to bring in irrelevant, prejudicial and speculative character evidence to bolster their case. If that had been attempted in an American court (even an Oklahoman court as that's where I'm a licensed and practicing attorney), not only would much of what the prosecutor said about Knox have been thrown out, it also would have caused a mistrial.
It's also alleged that the prosecutor leaked false details to the media for the jury's consumption (as the jury wasn't sequestered).
And of course, you don't really have a case where the theory fit the facts and evidence.. (what little actual evidence there was).
I do hope this case is overturned on appeal and Ms. Knox is afforded a fair trial, which is probably impossible in Italy due to the absurd publicity. Every person charged with a crime deserves a fair hearing and Knox didn't get that.
And I guess I'd better stay out of Italy.. now that I've made some harsh comments regarding this prosecutor, I may be charged with defamation as it seems just about everyone connected to Ms. Knox has been. Anyone know what the statute of limitations for defamation is? Italy is a nice place and I'd like to visit again someday.
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While I agree with the idea behind your points I must say it is inaccurate at best to claim that the underlined things would not happen in the US as they have happened and are currently happening. Have you seen American Violet? There are a plethora of cases that go on every single day in America that make the Knox case look fair and just.
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12-09-2009, 04:24 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
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Quote:
Originally Posted by I.A.S.K.
While I agree with the idea behind your points I must say it is inaccurate at best to claim that the underlined things would not happen in the US as they have happened and are currently happening. Have you seen American Violet? There are a plethora of cases that go on every single day in America that make the Knox case look fair and just.
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Some of the stuff the prosecutor said would *definitely* not be allowed in an American courtroom and would even possibly lead to a mistrial and/or sanctions for the prosecuting attorney -- at least if the things the ABA Journal articles I've read are true.
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12-09-2009, 04:51 PM
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GreekChat Member
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Join Date: Aug 2002
Location: Home.
Posts: 8,261
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I don't know what to think about this case at all. I've read about it for some time now, and I feel like I'm looking at a wide range of sources, but the only thing I know for sure is that she didn't get a fair trial. I can't even develop an opinion about whether or not she did it.
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