Homicide Investigation Review - Amanda Knox PDF

Preview

Summary

Download Homicide Investigation Review - Amanda Knox PDF

Description

1

Assessment 2 Paige Alice S5191169

Course: CCJ114 Homicide Unit Co-ordinator: Dean Biron Tutor: Dean Biron Due Date: 02 February, 2020 Word Count: 1821

2

The Amanda Knox case erupted through media on an international platform. The murder of Meredith Kercher sparked interest across the globe and resulted in many different opinions that spoke about the innocence of Amanda Knox. This essay will provide a review into the Italian jurisdiction of which Amanda Knox was trialled against. Firstly, the elements of the case and investigative process will be reviewed in-depth and look at the justice system that presides in Italy. Secondly, the essay will explore weaknesses and failures within the police investigation that made impact on the case and the outcome. Following this, critical suggestions against these weaknesses will be made to outline how this may be overcome and prevented in future cases. Finally, the media impact will be explored and how this also may have linked with weaknesses and the case outcome. An in-depth review of this information will clarify the points that ultimately lead to Amanda Knox being found not guilty of murder. The Homicide Investigative Process The body of twenty-one-year-old British student Meredith Kercher was found on November 2nd, 2007. She was murdered in a cottage that she shared with three other women, located in Pergula, Italy (Weiss, 2014). One of the women that also lived at the residence was twenty-one-year-old American student, Amanda Knox. Kercher was found on the floor of the bedroom wrapped in a duvet. Autopsy reports found that cause of death was due to three knife wounds inflicted in her neck and asphyxiation. It was also found that she had been sexually assaulted (Mirabella, 2012). The death was ruled as a homicide. Initial response and activity at a crime scene is crucial. According to Brookman this is the first of two stages of a homicide investigation (2005). Therefore, it is critical that the handling of a crime scene once established is secure. According to the Murder Investigation Manual (2006), once a scene is secure, evidence needs to be secured, the body needs to be preserved, the victim needs to be identified and family notified, and finally the offender needs

3

to be identified and charged. Alongside this, Italian prosecution requires the crime scene to be handed to the public prosecutor within forty-eight hours from the crime being reported, therefore minimising the window that other countries may typically work within to ensure no details are missed. This crime was reported to police by Amanda Knox and Raffaelle Sollecito, who arrived at the cottage and found blood and faeces in the bathroom. They were not able to enter Ms. Kercher’s room and Mr. Sollecito contacted police (Blackhurst & McGinn, 2016). Once police arrived and the body was located, public prosecutor Guiliano Mignini was contacted in order to begin the investigation. Mignini was able to identify the victim, secure evidence in the form of fingerprints and DNA, and partially secure the premises (Mirabella, 2012). This adhered to three of the five points outlined by the Murder Investigation Manual and concluded the first of the two stages. The second stage of a homicide investigation is collating evidence, additional in-depth examination, and questioning of witnesses and suspects (Brookman, 2005). This required a more logical approach and will allow information to pinpoint a suspect at the crime scene. The first initial evidence found was fingerprints at the property matching to Ms. Knox, and an unidentified suspect later confirmed as Rudey Guede (Blackhurst & McGinn, 2016). Bloody footprints were also found at the cottage that matched Ms. Knox and Mr. Sollecito. One was found in Ms. Knox’s bedroom; two others were found in the bathroom and the hallway and were tested with Luminol. These tested positive for blood and matched the footprints of Mr. Sollecito (Joyce, 2011). Further evidence collection occurred on November 6th, 2007 at the apartment of Mr. Sollecito. A large kitchen knife was found with Ms. Knox’s fingerprints, and was established as the murder weapon (Blackhurst & McGinn, 2016). During questioning, Ms. Knox identified her boss, Patrick Lumumba, and he, alongside Ms. Knox and Mr. Sollecito, were named as prime suspects in the case (Mirabella, 2012). At this stage, evidence included fingerprints belonging to Ms. Knox on the knife, as well as her blood in the

4

bathroom mixed with the blood of Ms. Kercher. Computer records belonging to Mr. Sollecito contradicted his alibi, alongside a footprint found in the bathroom that matched his, and evidence on the body of Ms. Kercher that pointed to multiple assailants (Dempsey, 2008). Failures and Weaknesses Within the Investigation. Firstly, multiple factures appeared within the case of Amanda Knox which ultimately lead to her conviction being overturned. Failures included cross contamination of evidence, lack of security at the crime scene, and eventually it was uncovered that interrogations were completed unethically by the Italian police officers (Gies, 2017). Dr. Stefano Conti and Dr. Carla Vecchiotti were brought into the case and appointed by the Italian court of appeal when Ms. Knox acquired permission for external experts to be involved in the case (Gill, 2016). The murder weapon was found to have trace evidence of both Knox and Kercher, therefore implementing it as the primary murder weapon. However, Dr. Conti and Dr. Vecchiotti found in their assessments that the knife was mishandled and transported incorrectly. Alongside this, the trace evidence did not include blood and therefore was dismissed as evidence (Gill, 2016). Other evidence, such as a bra clasp, was also dismissed as it was found that it was handled by detectives with soiled gloves. The bra clasp was also not presented as evidence until forty-six days after the crime scene was reported, and Dr. Conti and Dr. Vecchiotti were not able to retest the clasp, however presented photographic evidence which showed the mishandling (Gill, 2016). The crime scene was also revisited when retesting evidence. Video documentation and interviews allowed the external experts to gather understanding of the events that occurred. This provided proof of further scene contamination when it was found multiple people accessed the property without wearing appropriate attire. This was noted by Gill (2016) in that the lack of protective wear meant DNA of the investigators could not ensure that the

5

DNA collected from the crime scene could be deemed as accurate. The court then found the information provided by Dr. Conti and Dr. Vecchiotti as primary, therefore dismissing the majority of previously collated evidence due to the cross contamination. Therefore, this removed Ms. Knox from the crime scene (Joyce, 2011). The interview conduct was also reinvestigated by the external experts. For five days following the establishment of the crime scene, Ms. Knox and Mr. Sollecito were held for interrogation (Rawstorne, 2009). It was reported by Ms. Knox in an interview with Nightline that the interrogation was intense, aggressive, and violent (Reilly, 2016). She also claims her phone was taken and used in a way that made her believe Mr. Lumumba has also been involved the night of the murder. Dr. Conti and Dr. Vecchiotti used these claims as further reasoning as to why the initial evidence and interviews should be dismissed. With the interviews, evidence, and crime scene now all being reconsidered or dismissed meant that Ms. Knox, Mr. Lumumba, and Mr. Sollecito were at risk of no longer being considered as suspects. Overcoming Failures in Future Cases The aforementioned flaws in the case played a drastic role on the final outcome and not guilty verdict against Ms. Knox. This could have been avoided if steps had been taken to identify risks and create a continuing timeline by the Italian Police. Firstly, the evidence being mishandled and therefore rendered useless by Dr. Conti and Dr. Vecchiotti was a miscarriage of justice (Gill, 2016). The European Network of Forensic Sciences Institutes [ENFSI] outlines basic protocols that ensure evidence is not contaminated (Gill, 2016). Had this been followed, it also would have made the crime scene more secure, which according to the ENFSI is the first thing that needs to be done when a crime scene is established (2013). From there, all people involved in the case who enters the crime scene must be fitted with

6

appropriate protective gear. This eliminates any risk of cross contamination and strengthens the case of the prosecution. When reflecting on the interview process, it is important that the questions are asked in a carefully executed manner in order to not conduct a bad interview. According to Howitt (2015), false allegations and admissions of guilt can arise under bad interview practices, as well as alter the recovered memories. The National Forensic Science Technology Centre states that the person conducting the interview or interrogation must remain unbiased and remove themselves should they build a prejudice or opinion on the case that may influence how the interview is conducted (2013). In the Amanda Knox case, it was important that the officers who conducted the interrogation were retrained to ensure that this understanding and behaviour is eradicated. The Role of the Media During the investigation, Guiliano Mignini allowed a journalist to have access to privileged information and evidence (Blackhurst & McGinn, 2016). This included autopsy details and signed statements retrieved from the interviews. This fired a media frenzy and was used to create a subjective view with the journalist having the ability to be able to alter information to suit their needs. It has been claimed that the acts of this journalist also impacted Mr. Mignini (Stolworthy, 2016). The media plays a large role in many homicide cases, and in the Amanda Knox case it played an integral role, particularly in public opinion (Lenth, 2014). Different countries were presenting different opinions on Ms. Knox. For example, the Associated Press in America portrayed Ms. Knox as a university student who was innocent (2010). In comparison, media outlets in Britain and Italy were against Ms. Knox. Examples of headlines that are now widely associated with the case was the labelling of Ms. Knox as “the sex crazed killer” or

7

“Foxy Knoxy” after pulling details from her social media and images of her on the day of the homicide kissing and being comforted by Mr. Sollecito that went viral (Lenth, 2014). The different media opinions reflected on the public opinions, which were further fuelled through social media. It was noted that these tactics, particularly the brandishing headlines, were used as tactics to keep the case as a novelty (Hayes & Prenzler, 2019). This case underwent a “trial by media” due to the large influences leading to an altered perception of Ms. Knox and the prosecution involved (Hayes & Prenzler, 2019). The cause of effect by journalists ultimately lead to a miscarriage of justice and false outcome (Gies, 2017). To conclude, this essay has reviewed how the case resulted in the acquittal of Ms. Knox and Mr. Sollecito. An understanding of the Italian justice system and how the investigative process happened, leading to maladministration and miscarriage of justice through errors in the case, and the portrayal of the case in the media and how this influenced the case was also outlined.

8

References Associated Press. (2010). Amanda Knox appeal opens in Italy: American student back in court for appeal against conviction for killing Meredith Kercher. The Guardian. Retrieved from https://www.theguardian.com/world/2010/nov/24/amanda-knoxappeal-opens-italy Blackhurst, R. (Producer) & McGinn, B. (Director) (2016). Amanda Knox [Motion Picture]. America: Netflix. Brookman, F. (2005). Understanding homicide. London: SAGE. Dempsey, C. (2008). Timing Is All: Murder suspects Amanda Knox and Raffaele Sollecito. Seattle PI. Retrieved from https://blog.seattlepi.com/dempsey/2008/10/15/timing-is-all-murder-suspectsamanda-knox-and-raffaele-sollecito-updated/ Gies, L. (2017). Miscarriages of justice in the age of social media: The Amanda Knox and Raffaele Sollecito innocence campaign. British Journal of Criminology, 57(3), 723-740. Gill, P. (2016). Analysis and implications of the miscarriages of justice of Amanda Knox and Raffaele Sollecito. Forensic Science International: Genetics, 23, 9-18. Hayes, H., & Prenzler, T. (2019). Introduction to crime and criminology (5th ed.). Frenchs Forest, NSW: Pearson Australia. Howitt, D. (2015). Introduction to forensic and criminal psychology (5th ed.). Harlow: Pearson Education Limited. Joyce, J. (2011). Amanda Knox appeal: Reviewing the murder case evidence. BBC News. Retrieved from https://www.bbc.com/news/15036490

9

Lenth, D. (2014). Life, liberty, and the pursuit of justice: A comparative legal study of the Amanda Knox case. McGeorge Law Review, 45(2), 347. Mirabella, J. G. (2012). Scales of justice: Assessing Italian criminal procedure through the Amanda Knox trial. Boston University International Law Journal, 30(1), 229. Murder Investigation Manual. (2006). National Centre for Policing Excellence. Retrieved from http://library.college.police.uk/docs/APPREF/murder-investigationmanual-redacted.pdf National Forensic Science Technology Centre. (2013). Crime Scene Investigation: A Guide for Law Enforcement. Retrieved from https://www.nist.gov/newsevents/news/2013/09/updated-and-expanded-crime-scene-investigation-guide-lawenforcement-now Rawstorne, T. (2015). Foxy Knoxy: The troubling doubts over Amanda Knox’s role in Meredith Kercher’s murder. Retrieved from https://www.dailymail.co.uk/news/article1234298/Amanda-Knox-The-troubling-doubts-Foxy-Knoxys-role-Meredith-Kerchersmurder.html Stolworthy, J. (2016). Amanda Knox Netlfix documentary: The journalist people are branding ‘the real villain’. Independent. Retrieved from https://www.independent.co.uk/arts-entertainment/films/news/amanda-knox-netflixdocumentary-nick-pisa-journalist-meredith-kercher-rafalle-sollecito-a7342376.html Weiss, D. (2014). Forensic Scientist Examines Negligence in the Collection of Evidence Against Amanda Knox. In Public Safety. Retrieved from https://inpublicsafety.com/2014/02/veteran-forensic-scientist-examines-negligence-inthe-collection-of-evidence-against-amanda-knox/

10...