[Front Matter]

[pp. 1-7; translated by komponisto]

IN THE NAME OF THE ITALIAN PEOPLE

THE CORTE DI ASSISE DI APPELLO [lit. “Court of Assizes of Appeal”] OF PERUGIA

Composed of Magistrates:

• Dr. Claudio PRATILLO HELLMANN, Presiding Judge
• Dr. Massimo ZANETTI, Assistant Judge [Consigliere relatore, lit. “Council spokesperson”]
• Mr. Fabio ANGELETTI, Popular Judge
• Ms. Simonetta RANIERI, Popular Judge
• Ms. Anna CALISTI, Popular Judge
• Ms. Paola NATALIZI, Popular Judge
• Ms. Federica MACELLARI, Popular Judge
• Ms. Antonella MASCIOVECCHIO, Popular Judge

Has issued the following

RULING

Published By Reading of the Order

In the Case

Against

1) Amanda Marie KNOX, born in Seattle (USA) 7-9-1987

• Arrested 11-6-2007
• Currently detained at the Casa Circondariale [lit. “District House”, i.e. jail] of Perugia for this cause [P.Q.C.]
• Released [? R.L.] at the hearing of 10-3-2011
• FREE

PRESENT

2) Raffaele SOLLECITO, born in Bari 3-26-1984

• Arrested 11-6-2007
• Currently detained at the Casa Circondariale of Terni for this cause
• Released [?] at the hearing of 10-3-2011
• FREE

PRESENT

ACCUSED

A) (into which Charge C is incorporated [assorbito])

of the offense under C.P. [Codice Penale, “Penal Code”] Articles 110, 575, 576, first paragraph no. 5, in relation to the crime sub [Latin: “under”] C) and 577 first paragraph no. 4 , in relation to C.P. Article 61 nos. 1,5, for having, in conspiracy [concorso] among themselves and RUDY HERMANN GUEDE, killed MEREDITH KERCHER, by means of strangulation [strozzamento] and consequent rupture of the hyoid bone,  and profound lesion to the left anterolateral region and the right lateral region of the neck, by a sharp weapon of cutting [arma da punta e da taglio]  as under Charge B), and thus metahemorrhagic shock with appreciable asphyctic component secondary to the bleeding (derived from the sharp-object wounds [ferite da punta e da taglio] present in the left anterolateral and right lateral regions of the neck and the concomitant abundant aspiration of hematic material [i.e. blood]), and taking advantage of the nocturnal hour and the isolated location of the apartment rented [condotto in locazione] by the same KERCHER and the same KNOX, in addition to two Italian young women (FILOMENA ROMANELLI and LAURA MEZZETI), an apartment located at Via Della Pergola 7 in Perugia, committing the act for futile reasons, while GUEDE, in conspiracy with the others, committed the offense of sexual violence.

B)

of the offense under C.P. Article 110, 4, Law no. 110/1975, for having, in conspiracy between themselves, carried outside of the residence of SOLLECITO, without a justifiable reason, a large sharp cutting-knife of 31 cm in total length (seized from SOLLECITO on November 6, 2007, Exhibit 36).

C) (incorporated into Charge A)

of the offense under C.P. Articles 110, 609-bis and –ter [expression similar to “609b and -c”] no. 2, for having, in conspiracy with RUDY HERMANN GUEDE (GUEDE being the  perpetrator [esecutore materiale] in conspiracy with the co-accused), compelled MEREDITH KERCHER to undergo sexual acts, with manual and/or genital penetration, by means of violence and menace taking the form of lesion-producing constriction maneuvers, in particular upon the upper and lower limbs and vulvar area (ecchymotic suffusions [i.e. bruises] on the anterolateral face of the left thigh, lesions in the vestibular area of the vulvar region, and ecchymotic area on the anterior face of the middle third [of the] right leg) in addition to the use of the knife sub B).

D)

of the offense under C.P. Articles 110, 624, for having, in conspiracy between themselves, in order to procure an unjust profit, [and] in the circumstances of time and place described under Charges A) and C), taken possession of OMISSIS [i.e. items which Knox and Sollecito were acquitted of having stolen are omitted] two cellular telephones belonging to MEREDITH KERCHER, removing them from the custody of the latter (an act to be described under C.P. Article 624-bis,  the place of commission of the crime, contained in Charge A), being recalled here).

E)

of the offense under C.P. Articles 367, 110, and 61 no. 2, for having, in conspiracy between themselves, simulated an attempted burglary in the bedroom occupied by FILOMENA ROMANELLI in the apartment at Via Della Pergola 7, breaking the glass of the window with a stone taken from the vicinity of the residence, which was left in the room near the window, all in order to secure themselves impunity from the offenses of homicide and sexual violence, by attempting to attribute the responsibility therefor to unknown persons [who would have] penetrated the apartment to this end.

[these] events having all taken place in Perugia during the night between November 1 and 2, 2007.

AMANDA MARIE KNOX furthermore [is accused]:

F)

of the offense under C.P.  Articles 81 second paragraph [cpv., i.e. capoverso]  368 paragraph 2 and 61 no. 2, for having, with several actions [all] executing a single criminal plan [disegno], via an accusation lodged in the course of statements given to the Mobile Squad at the Questura [police station] of Perugia, on the date of November 6, 2007, falsely accused DIYA LUMUMBA, known as “Patrick”, of the crime of homicide against the young MEREDITH KERCHER, knowing him innocent, all with the aim of obtaining impunity for all [involved] and in particular for RUDY HERMANN GUEDE, himself [a person] of color as LUMUMBA.

in Perugia, on the night between November 5 and 6, 2007.

APPELLANTS

[are] the Public Ministers of the Office of the Prosecutor of the Republic of Perugia and the accused, against the ruling issued on the date of 12-4/5-2009 by the Corte di Assise of Perugia, wherein Amanda Marie KNOX and Raffaele SOLLECITO were declared guilty of the crimes attributed to them sub letter A), into which the offense alleged in letter C) was incorporated, as well as sub letters B), D) limited to the cellular telephones and E), and, with regard to Amanda Marie KNOX, also of the crime attributed to her sub letter F), crimes all bound together by continuation [unificati sotto il vincolo della continuazione], without the aggravating circumstances [le aggravanti] under C.P. Articles 577 and 61 no. 2, and with both [defendants] being granted generic mitigating circumstances [circostanze attenuanti generiche] equivalent to the remaining aggravating circumstance.

KNOX was sentenced to the penalty of 26 years of confinement and SOLLECITO to 25 years of confinement (basis penalty [p.b.] for continuation [being] 24 years of confinement), and each to the payment of court costs and custody in prison.

Amanda Marie KNOX and Raffaele SOLLECITO were declared barred in perpetuity from Public Offices and in a state of legal prohibition [i.e. from entering into contracts etc.] for the entire duration of the sentence.

In addition, Amanda Marie KNOX and Raffaele SOLLECITO were sentenced, jointly, to the reimbursement of damages affecting the civil parties John Leslie Kercher, Arline Carol Lara Kercher, Lyle Kercher, John Ashley Kercher, and Stephanie Arline Lara Kercher, to be paid separately, and an immediately operative interim compensation order [una provvisionale immediatamente esecutiva] was granted in the amount of € 1,000,000.00 to each of John Leslie Kercher and Arline Carol Lara Kercher, and € 800,000.00 to each of Lyle Kercher, John Ashley Kercher, and Stephanie Arline Lara Kercher, in addition to the forfeitary [i.e. lump-sum] reimbursement of IVA [a tax] and CPA [attorneys’ commission] according to law.

Amanda Marie KNOX was sentenced to the reimbursement of damages affecting civil party Patrick Diya Lumumba, to be paid separately, and an immediately operative interim compensation order was granted in the amount of € 10,000.00.

Amanda Marie KNOX was sentenced to the refunding [refusione] of legal expenses [spese di costituzione e di difesa] to Patrick Diya Lumumba, in the total amount of € 40,000.00, in addition to forfeitary reimbursement of IVA and CPA according to law.

Amanda Marie KNOX and Raffaele SOLLECITO were sentenced to the reimbursement of damages affecting civil party Aldalia Tattanelli, to be paid separately, and an immediately operative interim compensation order was granted in the amount of €10,000.00.

The accused were jointly sentenced to the refunding of legal expenses to Aldalia Tattanelli in the total amount of € 23,000.00 in addition to forfeitary reimbursement of IVA and CPA according to law.

The seizure of the physical evidence [corpi di reato] was ordered.

As Civil Parties [Con costituzione di PP. CC.]:

1)  JOHN LESLIE KERCHER, born in Balham (British Citizen), 12-11-1942, residing at Croyden West Croyden Queens Road, 27 (United Kingdom) (father), represented by Francesco MARESCA, attorney, of the Bar [Foro] of Florence, at whose office at Via Dè Vecchietti, 1 – Florence he is electively domiciled.

2) ARLINE CAROL MARY KERCHER, born in Lahore (British Citizen), 11-11-1945, residing at Couldsen Surrey Fairdene Road, 24 (United Kingdom) (mother), represented by Francesco MARESCA, attorney, of the Bar of Florence, at whose office at Via Dè Vecchietti, 1 – Florence she is electively domiciled.

3) JOHN ASHLEY KERCHER, born in London (British Citizen), 10-21-1976 (brother), represented by Francesco MARESCA, attorney, of the Bar [Foro] of Florence, at whose office at Via Dè Vecchietti, 1 – Florence he is electively domiciled.

4) LYLE KERCHER, born in Greenwich (British Citizen), 7-3-1979 (brother), represented by Francesco MARESCA, attorney, of the Bar of Florence, at whose office at Via Dè Vecchietti, 1 – Florence he is electively domiciled.

5) STEPHANIE ARLINE LARA KERCHER, born in London (British Citizen), 7-21-1983, residing at Portsmouth Southsea Telephone Road, 33 (United Kingdom) (sister), represented by Serena PERNA, attorney, of the Bar of Florence, at whose office at Via Dè Vecchietti, 1 – Florence she is electively domiciled.

6) DIYA LUMUMBA, known as PATRIK [sic], born in Kindu (Zaire) 5-5-1969, residing at Perugia, Via Raffaello, 16, represented by Carlo PACELLI, attorney, of the Bar of Perugia, at whose office at Via Cacciatori delle Alpi, 8 – Perugia he is electively domiciled.

7) ALDALIA TATTANELLI, born in Tuoro sul Trasimeno, 3-12-1925, residing at Rome, Via Bradano, 26, reprsented by Letizia MAGNINI of the Bar of Perugia, at whose office office at Via Vermiglioli 16, Perugia she is electively domiciled.

POSITIONS [CONCLUSIONI] OF THE PARTIES

The positions of the parties are described in a separate memorandum [verbale].

Next: HISTORY OF THE CASE