By Brennan McCord

Jun 23, 2010 12:46pm

Amanda Knox’s Request for Different Judge Shot Down

ABC News' Ann Wise reports:

Amanda Knox’s  request to have her preliminary hearing on slander charges heard by a different judge was turned down by the Appeals Court in Perugia, Italy, today.  

Knox’s lawyers had requested that judge Claudia Matteini step aside because she had already made a judgment about Knox when she confirmed her arrest for murder in November 2007, days after the body of Knox’s roomate Meredith Kercher was found in a pool of blood in the apartment the girls shared. Knox has been in a Italian jail ever since. 

Matteini did not step aside, and last week Knox’s lawyers filed a formal to have her replaced.

Knox appeared briefly in court for the June 17 hearing, and made a quick statement. Her lawyers told the ANSA news agency that, in reference to the slander accusation, Knox said “I only wanted to defend myself. I am sorry it has come to this.”

Knox faces slander charges in response to statements she made during her murder trial last year in which she accused the police of hitting her on the back of her head during one of her interrogations in the police station  in the days after the murder.  During Knox’s trial police testified that they had treated Knox well, and denied hitting her.

Knox’s lawyers told ANSA that they are debating whether to take today’s decision to Italy’s top Cassation Court.

In December of last year Knox was convicted to 26 years in prison for Kercher’s death along with her former boyfriend  Raffaele Sollecito, who is serving 25 years.  A third person, Rudy Guede, was also convicted of the crime in a separate trial.  His 30-year sentence was reduced to 16 on appeal.

Knox has appealed her conviction for murder and a judge and the date for the Appeals trial is expected to be announced soon.  
 
The preliminary hearing  is scheduled to begin on Oct. 1.

Return to Cuomo on the Case here:  http://abcnews.go.com/thelaw

User Comments

This case if the worst travesty of justice possible. They just do whatever they want and abandon their own laws. These kids are innocent and the prosecutor cares not! It’s all about saving face for him. He can’t admit he was wrong! This newest development just makes me sick!!

Posted by: hollyanna919 | June 23, 2010, 4:48 pm 4:48 pm

well, I also have followed this case and I am 100% sure she is guilty of involvment in the brutal murder of Meredith Kercher, starting with a lack of an alibi, Knox’s DNA found on Kerchers bra clasp and Knox’x DNA mixed with Kerchers DNA in 5 places in the cottage. Knox’s boyfriends’ alibi is Knox was not with him the night of the murder. They both have given 3 different alibi’s, changing as more evidence was found, and they still don’t support each other alibis.

Posted by: gardener | June 23, 2010, 5:22 pm 5:22 pm

“Everything I have said in regards to my involvement in Meredith’s death, even though it is contrasting, are the best truth that I have been able to think.” (Amanda Knox, 6 November 2007).

Posted by: Harry Rag | June 23, 2010, 5:28 pm 5:28 pm

gardener:
If you have followed this case you would know that Knox’s DNA was not found on Kercher’s bra clasp.

Posted by: PhanuelB | June 23, 2010, 5:30 pm 5:30 pm

Those who have followed this case know that the much of the well deserved criticism of the Italian judicial system in Amanda’s case has landed on a corrupt prosecutor named Giuliano Mignini. (It is not just me who is labeling him as such; he was convicted and sentenced to prison by an Italian court earlier this year.)
Not to be forgotten, however, are a series of incompetent judges who because Italian law largely prevents public access to court records have for the most part avoided public scrutiny.
“Judge” Giancarlo Massei presided over Amanda’s trial and wrote the 427 page motivation document detailing why he felt she was guilty. Despite its length the document is devoid of substance and reads like a cheap crime novel. A recurring obsession for him is the idea that the lack of physical evidence against Amanda Knox could be explained by a careful and deliberate cleanup of the crime scene. Despite all these efforts there remained one item that the Judge steadfastly maintains does not need to examined, a large semen stain found underneath the victim. I am not making this up. See page 381 of the Motivation document.
Massei also saw no problem with jury members who according to multiple eye-witness accounts choose to sleep each day in court. Did this “judge” ever tell the jurors that the standard was guilt beyond a reasonable doubt? If he did, then Juror Angela Irene Ceccarini didn’t listen. She stated the next day that “It’s hard to see Knox and Sollecito doing this, but it’s possible… we can all drink too much then get in a car and drive.” Ms. Ceccarini goes on to make vain, narcissistic comments about how difficult the decision was for all of them.
And then there is the strange case of the “judge” who reduced the sentence of the real killer Rudy Guede from 30 years to 16. This “judge” somehow came to believe that Guede had apologized to the family of the victim. Guede, who’s DNA was inside the victim’s vagina, had actually apologized for not doing enough to save the victim from her real attackers. Never mind that he fled the scene of the crime, that he never knew the victim before as he claims she invited him over for a date and on and on into absurdity.
And last but not least the subject of the above article, Claudia Matteini. During the period before the trial, Perugian authorities out did themselves releasing false information about the case to local reporters. This so angered a real judge form that Seattle area named Michael Heavey that he felt obligated to speak up. He wrote: “A Perugian judge, Claudia Matteini, was caught up in this false speculation and has repeated and added to the false speculation in her opinions.
From Larry King Live to CBS news to the pages of the New York Times, commentators openly labeled the Perugian tribunal a “kangaroo court” and a “public lynching.” Don’t expect justice when the judges are rotten.

Posted by: PhanuelB | June 23, 2010, 8:02 pm 8:02 pm

and what was that you said about the alibi issue? Amanda’s first alibi put her at the crime scene, in the kitchen, with her hands over her ears to drown out Merediths’ screams. Her last alibi is she was with boyfriend. Boyfriends last alibi said, no she was not with me. She left me at 9:00 pm and returned at 1:00 am on the night of the murder.

Posted by: gardener | June 23, 2010, 8:05 pm 8:05 pm

The reason this trial is happening is to get it on record what the police want said and to imprison Amanda Knox for her life. Everything in this court will be hearsay and hearsay only. I heard this and I heard that says the cops. It’s easy to determine the mind of the court because the interpreter FOR Amanda Knox has joined the suit. She was suppose to be FOR Amanda instead she was part of the police frame up, and now has shown herself as such. Where are the interrogation tapes? That is the law.

Posted by: DJR | June 23, 2010, 8:38 pm 8:38 pm

The law also states that a sitting judge may not sit over multiple judgements of the same convicted, Obviously in this case laws aren’t important.

Posted by: DJR | June 23, 2010, 8:40 pm 8:40 pm

I am truly hopeful the networks will start giving Miginini and Matteini and this prosecutor the notoriety they are seeking. Questions like why are the laws being disregarded in this case? Why has the court gone forward without video or audio verification? Why did you deny Miss Knox house arrest? Why did you allow the police to hold Raffaele in solitary confinement for 45 days without any evidence and then all the time of his trial though not convicted. Don’t you believe this rash and harsh treatment. If not than why isn’t Miginini in jail waiting his appeal instead of walking around? Isn’t that a double standard?

Posted by: DJR | June 23, 2010, 8:48 pm 8:48 pm

As stated above this is a manipulative move to create and reinstate the hearsay of the police officers as to being facts in the case. The high courts already ruled that the testimony of Amanda Knox of November 5 was illegal and of no REAL value. Hearsay is not evidence! The police working WITH Matteini are trying to convince the world of this case. But if the case was true there would be no need for this court and it’s ruling. It’s time the networks the Pres. with Hillary take a ride visit Amanda Knox in prison and decide what the spirit of the world believes. Italy your wrong! They can visit big Mama why they are at it!

Posted by: DJR | June 23, 2010, 9:14 pm 9:14 pm

This entire case needs to be moved out of Fortress Perugia into the hands of people who don’t all work in the same building.

Posted by: Charlie Wilkes | June 24, 2010, 1:15 am 1:15 am

I pray for Amanda’s release. Such a travisty of justice!

Posted by: Cindy | July 1, 2010, 11:34 am 11:34 am

Not to be forgotten, however, are a series of incompetent judges who because Italian law largely prevents public access to court records have for the most part avoided public scrutiny.

Posted by: uggs sale | August 2, 2010, 11:03 pm 11:03 pm

you are right and

Posted by: ghd hair straightener | August 4, 2010, 5:25 am 5:25 am

The English translation of Judge Massei’s sentencing report can be downloaded from here:
http://www.perugiamurderfile.org/viewtopic.php?p=53735

Posted by: Harry Rag | August 15, 2010, 2:39 pm 2:39 pm

Of course there are incompetent judges but knox is very incompetent.
I hope that this case gets settled very soon. Murder is such a horrible thing!

Posted by: Calorie Diabetic Diet | August 18, 2010, 9:30 am 9:30 am

This makes me sick just thinking how Amanda is sitting in a prison for NO reason. If the judge would of let the defense have an indepentent review of the evidence I guarantee you Amanda and Raffaelle would not be there right now. I pray that Italy changes when the appeal comes up. Because it is impossible for Amanda have been in that room and not left one piece of DNA, and they know there was no clean up. I don’t understand how they can get away with this. Especially the interogation when she was mentally and physically abused, and they have no recording and now they are going after her for slander as well as her parents. Somebody really needs to stand up and do something about this.

Posted by: Beau Bloomer | September 2, 2010, 11:21 pm 11:21 pm

Giancarlo Massei presided over Amanda’s balloon and wrote the 427 folio action certificate account why he acquainted she was guilty. Despite its breadth the certificate is bare of actuality and reads like a bargain abomination novel. A alternating attraction for him is the abstraction that the abridgement of concrete affirmation adjoin Amanda Knox could be explained by a accurate and advised cleanup of the abomination scene. Despite all these efforts there remained one account that the Judge deeply maintains does not charge to examined, a ample berry stain begin beneath the victim. I am not authoritative this up. See folio 381 of the Action document

Posted by: EOS 20D camcorder battery | September 3, 2010, 2:10 am 2:10 am

Being in prison for a crime you didn’t commit is possibly the worst thing that could happen to you. The justice system needs firmer failsafes that prevent innocent inmates.
Imagine the torture you would get in prison for rape or pedophilia crime you had nothing to do with.
Horrible

Posted by: Hyperthyroid Symptoms | September 3, 2010, 8:01 am 8:01 am

Hearsay is not an evidence. The police working WITH Matteini are trying to convince the world of this case.
So there are many things to think about here.

Posted by: dati g | October 8, 2010, 1:34 pm 1:34 pm

Some time ago that I was coming to your blog and I must say that it is always so interesting!

Posted by: voyance | December 2, 2010, 4:39 am 4:39 am

Bravo your web is very well done can you tell me more regularly with all the novelties of your web thank you in advance.

Posted by: Horoscope | December 2, 2010, 4:40 am 4:40 am

Super blog. It’s great very nice and I’ll come back often, very super fantastically beautiful.

Posted by: Horoscope amour | December 2, 2010, 4:41 am 4:41 am

As someone who hails from close to where Meredith Kercher lived back here in the UK I must say that I find the continued efforts of Amanda Knox and her ex boyfriend slightly uncomfortable. Amongst all this is a girl who was brutally murdered, yet any chink in the prosecution’s evidence to bring the tiniest shadow of doubt seems to warrant the exoneration of guilty parties.

Posted by: Simon Mack | January 31, 2011, 12:23 pm 12:23 pm

I am an avid watcher of murder/mystery shows and I have to say I have never believed a defendant to be as innocent as I have in the Amanda Knox case.
This is what a modern day 21st century witch-hunt looks like. She is innocent, and that Judge Mignini is a very scary, irrational man. No telling how many people hes convicted on the bases of his credulous, superstitious/religious biases.

Posted by: Jin | February 13, 2011, 7:17 am 7:17 am

No one will ever forget what happened to Meredith Kercher. She will always be remembered as a good college student whose life was taken from her. But, to accuse one person, who may not be guilty of the crime just so that they may convict someone for the case, seems wrong. They found the person who murdered her.

Posted by: Torrent Download | February 23, 2011, 5:02 am 5:02 am

No one will ever forget what happened to Meredith Kercher. She will always be remembered as a good college student whose life was taken from her. But, to accuse one person, who may not be guilty of the crime just so that they may convict someone for the case, seems wrong. They found the person who murdered her.

Posted by: Torrent Download | February 23, 2011, 5:03 am 5:03 am

I just watch the movice of this last week and after watching that I really think more then ever that she is guilty. Before watching that movie I felt bad for her and thought she was getting screwed by their system but that girl is quilty.

Posted by: northshore gal | March 7, 2011, 2:30 pm 2:30 pm

She was sentenced to justice

Posted by: Guarda Móveis | April 3, 2011, 10:02 pm 10:02 pm

She was sentenced to justice

Posted by: Guarda Móveis | April 3, 2011, 10:02 pm 10:02 pm

what was that about the alibi issue ?
I pray for Amanda’s release !

Posted by: voyance par telephone | June 22, 2011, 11:42 pm 11:42 pm

Leave a Reply

Do you have more information about this topic? If so, please click here to contact the editors of ABC News.