"This is not what I would call a happy birthday, he added. "We will celebrate the happy portion when she is cleared of everything and can come home."
When, or if, Knox might be able to celebrate with her family in Seattle is a huge question that the Italian legal system will ultimately decide. Today, Amanda's birthday wish would probably be freedom.
Kercher, a 22-year-old British student, was found stabbed to death last November in a cottage she shared with Knox and two other girls. Kercher and Knox were studying in Italy and had recently arrived in Perugia.
Within days of the killing, Knox and Sollecito were taken into custody. Guede had fled to Germany, but was tracked by police and extradited to Italy.
Guede has admitted to being intimate with Kercher the night of her murder, but he says he was in the bathroom listening to his iPod while Kercher was allegedly stabbed by an Italian man he saw fleeing when he returned to the bedroom. After Guede allegedly tried to unsuccessfully save Kercher, he fled to Germany and did not call police.
Initially, Guede told police Knox and Sollecito were not at the house the night of the murder. He later changed his story and said they were.
Knox and Sollecito say they were together at Sollecito's house that night. But during an initial interrogation, Knox briefly changed her story and said she had a vision that she was in the kitchen and heard Kercher's screams, but covered her ears. Italy's Supreme Court ruled that the statement could not be used against her because there was no lawyer present when she made it.
Prosecutor Guiliano Mignini ended his investigation and deposited evidence on June 19. Included in his deposit were 10,000 pages of autopsy reports, interrogations, evidence and phone taps.
Mignini claims that Kercher was raped, strangled and stabbed in the neck, but forensic experts appointed by the court concluded that sexual assault could not be proven.
Mignini accuses the three suspects of voluntary homicide and sexual assault, and Knox and Sollecito are also accused of simulation of a crime for allegedly faking a break-in.
Mignini also accuses all three of stealing Kercher's money and credit cards. Kercher's purse was found near her body, missing 300 euros and two credit cards.
Lawyers for the three defendants had until this week to go over the prosecutor's documents and submit additional evidence or requests.
Maori asked for parking lot surveillance video from midnight through the morning after the murder. He also requested the diagrams from the DNA phenotypes. Knox's and Guede's attorneys made no submissions.
Ann Wise contributed to this report.