by Brian S. on Thu Jul 10, 2008 1:32 pm
From Rudy's Appeal:
Rudy:
The knife with Meredith's DNA was found at someone else's place of residence, and the prosecutor has attributed the execution of the murder to other people, without describing my role in cooperating in the crime or advancing arguments for it. Accordingly, the principle of 'co-operation of a group in a crime' was wrongly applied.
Indeed, my mere presence at the crime scene does not prove my co-operation in the crime because if one considers that a co-operative crime has a unitary nature, it is necessary to analyze the conduct of every single suspect in order to demonstrate a necessary link —material, functional or psychological— to the commission of the crime itself.
Supreme Court:
In order to assess the serious clues of guilt we must consider the peculiarity of the investigatory phase, which implies the necessary fluidity of the charges (S.C. 2004 and 1996). This means that new data can still be added to the investigative picture. Accordingly, an exhaustive definition of conduct and psychological elements is not necessary.
It is true that, even during the preliminary investigations, when we have a group crime every participant must have acted with knowledge of the role of the others, and must have willingly acted in concert (ex multis, S.C. 2003), but the "description" of the conduct, meaning the role of the co-participant, does not have to be a necessarily immutable datum between the time of notification and the final decision [i.e., the judge's sentence].
The principle of correlation between notification and sentencing is not violated—not even if we move from the charge of material co-participant to arrive at the role of moral co-participant.This case would mean a relationship of limitation and not of heterogeneneity between the first and second role (S.C. 2007, 2006, 2005). [the S.C. means that, in the eyes of the law, the first role (that of material co-participant) is not different in nature from the second role (that of moral co-participant), so the two roles are not heterogeneous].
Your role and conduct at this stage does not need to be fully understood by the judges. It is only necessary that your co-operation—conscious and deliberate—be indisputable with respect to the homicidal action. At this point, whether or not the Court's assessment of the role of author or material co-author, of sender, instigator, conscious 'strengthener' is attributable to you is a matter of indifference in so far as the application oh these measures [the ongoing detention] are concerned. From this perspective and within this scope, the Court's interpretation was correct. It moved from your admission of having been present in Kercher's apartment before, during and after the murder and of having spent time with her, even with incomplete sexual intercourse, for a long fraction of time, to then going to the toilet during those few minutes in which an unknown assailant allegedly entered the house and committed the murder, to then fleeing as soon as he met you, as you returned from tending to your physiological needs.
From the admission of your presence at the place, your acquaintance with the victim and the sexual intimacy you had with her, the Court, logically and thoroughly, excluded—because they are wholly lacking in credibility and indisputably false— your statements according to which you were supposed to meet the young girl. Your 'strategic' withdrawal to the toilet, the unexpected and violent appearance of the stranger, his immediate flight, even if he was armed and only because you threatened him with a chair, your version of the position and condition of Meredith's body and of your fingerprints near it, and your version of a separate flight —first of the aggressor and then of yourself (contrasting with the witness who heard more than one person fleeing right after the scream of pain launched by a woman).
The lack of any credibility of these versions led the Court to the logical conclusion that there are serious and concordant clues that your participation in the crime was active, conscious and deliberate, even though there is currently some doubt as to exactly how it happened.
Perugia-Shock
Following this Rudy asked to be interviewed again and that happened on May 14.
Has Rudy given them an "improved version" of his truth given March 26.
Even at this stage it is apparent that Biscuits is trying to separate Rudy from Raffaele and Amanda.