But let’s have a go anyway…
If the court keeps to its schedule, there’s only a weekend left between now and a verdict in the appeal of Amanda Knox and Raffaele Sollecito.
Over the course of closing arguments, it seems commonly agreed that there have been impressive courtroom performances from lawyers representing both sides of the case. And they have also, between them, developed a handy set of bad analogies so as to provide a sort of psychedelic overview for those who don’t find the whole case strange enough as it is. DNA profiles are pasta dishes. Amanda Knox is Jessica Rabbit. And also the goddess Venus. Not to forget, all sorts of enchantress and demon. Sollecito seems to have barely been mentioned, even by his own lawyers, so he remains, in contrast, just some guy. Or perhaps he is Roger. For the defence, the prosecution case is like a bunch of neutrinos whizzing along a tunnel. Or possibly like a hydra. I’m not sure what this means, but I’m guessing that the most obvious interpretation – that is is virtually undefeatable – is not the one intended.
What neither the prosecution nor the defence have provide, though, is anything very new. Over the last few days, all we have heard is rehashed versions of arguments that will be so familiar to the bench that they will have sounded like the lyrics to a pop song that has been with them since childhood.
The only real, fairly minor, surprise was that the defence adopted a thesis that various blood samples found in the flat containing the DNA of both Knox and Meredith Kercher were indeed a mixture of blood from the two. Knox’s supporters have long pointed out that this cannot be known, because it is scientifically not easy to tell the difference between a mixed blood sample and, say, a mixture of blood and saliva. This seems perfectly correct. But the defence appears to have decided that it might just as well be blood. After all, the idea of Knox spitting in various locations where Kercher’s blood was coincidentally later deposited sounds marginally less plausible than the idea that she coincidentally bled in those locations. Due to an incident with an earring, it turns out.
The other notable development in the defence summing-up was the ways in which it didn’t develop. Crucially, there is a clear theoretical argument that the knife alleged to have been used by Knox to kill Kercher and the clasp from her bra, alleged to have been handled by Sollecito after the murder, were in fact contaminated with DNA some time later, and so they are not reliable. We might, during closing arguments, have seen some defence hypothesis suggesting how this might have happened, but it didn’t come.
In the case of the knife in particular, it ought to have been important for the defence to complete the circle. It was recovered from Sollecito’s flat, where Kercher had never been, and lab contamination seems to have been ruled out. So how is her DNA supposed to have got onto it? Courtroom DNA controversy or no, it’s hard to see how this doesn’t solve the case pretty much on its own.
In news reports about the closing arguments of both the defence and the prosecution seem to betray an almost pathological obsession with influence of the media over the case. Or is it just that the media is pathologically obsessed with itself? Hard to tell, maybe. But it does seem clear that prosecutors and defenders spent valuable time during their speeches talking about unfair coverage. But, more curiously, their target was not fevered and exaggerated coverage in Perguia (this doesn’t really exist), but general criticisms of and stale reports in the English language media. The prosecution condemned CBS, the defence condemned the Daily Mail, and so on.
Now, it’s not that this has no relevance to the story. For supporters of Amanda Knox, publications such as the Mail are responsible for an insidious campaign of character assassination against her without which Italian judges, clearly avid consumers of British tabloid journalism, could never have suspected her of anything. On the other side of the argument is the claim that a professional and well-financed PR campaign on her behalf has twisted a case in which the facts were clear into a manufactured controversy. The Knox family control the US media, and who’s to say that doesn’t mean they control the whole world?
Call me naive, but I think the one place that the facts of the case will be clearly heard above all the din and chatter is in the deliberations of the appeal judges and juror-judges. They don’t really need reminding to ignore the cobblers that has been written about the case in a foreign language. So who are the lawyers talking to? They surely can’t have been, in their vanity, addressing their words to the 400 or more journalists currently squeezed into the courthouse? This case has always been weird.
On the other hand, perhaps I am indeed naive. Perhaps the case will be decided according to the opinions of ill-informed hacks and nonsense on the internet such as you are currently reading. I can’t believe it is likely, but it may be the last ray of hope for Jessica and Roger.