December 4, 2009 8:52 PM

DNA Challenge Denied at Knox Murder Trial

By
CBSNews
Face shot of Amanda Knox during her testimony in Italian court.

Face shot of Amanda Knox during her testimony in Italian court. (CBS)

(CBS/ AP)  Last Updated 9:35 a.m. ET

The trial of an American student for the slaying of her British roommate enters its most decisive stage this morning: the examination of DNA evidence that both the prosecution and defense holds as key to either conviction or acquittal.

The prosecution's case against Knox and her Italian former boyfriend Raffaele Sollecito is built largely on a sample of Knox's DNA found on a knife and Sollecito's on a bra belonging to the victim, British student Meredith Kercher.

But the bra sample came to light 47 days after the murder, reports CBS News correspondent Allen Pizzey, and the defense team is challenging the validity of the DNA evidence and the police handling of both samples.

On Monday Presiding Judge Giancarlo Massei rejected the defense's request to throw out the murder charges against Knox and Sollecito based on its challenges of the DNA evidence, and ruled that proceedings should go on. He argued that defense consultants were present when the DNA tests were carried out by forensic experts and said relevant documents had been made available a month and a half ago, suggesting that defense teams had enough time to review the DNA findings.

According to the prosecutors, Knox's DNA was found on the handle of a knife that might have been used in the slaying, while Kercher's DNA was found on the blade. The knife was found at Sollecito's apartment.

Knox's lawyer Carlo Dalla Vedova also argued Monday the DNA traces allegedly belonging to Kercher on the knife's blade were "too low" to be attributed with certainty.

Italian prosecutors say forensics and DNA experts have followed correct procedures while submitting the results of DNA tests to the court.

Knox and Sollecito, who were both in court as the trial resumed after a summer break, deny wrongdoing. Knox smiled to lawyers and family members as she walked in escorted by police guards.

Prosecutors allege that Kercher was killed during a sex game and that Knox fatally stabbed her in the throat.

A third person, Rudy Hermann Guede of the Ivory Coast, was convicted in a separate trial last year and sentenced to 30 years in prison. He denies wrongdoing and has appealed his conviction.

Knox's father is convinced the alledgedly-mishandled DNA samples will reinforce his daughter's alibi that she was with her boyfriend in his apartment when the murder was committed.

"Within the room in which Meredith lost her life . . . literally there's no speck of Amanda in that room - no fingerprint, no blood, no DNA anywhere," Curt Knox told CBS News.

Knox, who has been in jail almost 600 days already, told an acquaintance in court she was doing okay despite 90 degree temperatures in an un-air conditioned prison cell.

Pizzey reports that judgment is expected sometime in November, unless the DNA expert wants to reexamine all the evidence, which could add another 60 days onto the proceedings.

CBS/ AP
Add a Comment See all 12 Comments
by gramto8 September 15, 2009 6:48 AM EDT
by mrs_cutout September 14, 2009 9:56 AM EDT
I hope they put this murderous hussy behind bars for the rest of her life and then after she dies Satan shall have his way with her.


mrs_cutout,

Just keep reeling them in. They will never learn.
Reply to this comment
by luvheat September 14, 2009 10:35 PM EDT
With her STUPID antics if she is convicted it's only because of her rich kid attitude.

But NEVER listen to Italy when it comes to American jails or justice. This girl has obviously been abused...can't blame all the facial mess on her lifestyle
Reply to this comment
by taxchurches September 14, 2009 5:28 PM EDT
I just love the Jesus Chrispies on this site who presume someone's guilt, presume their damnation, and take joy in the latter. It shows the true disgusting nature of Christianity (along with all other religions). This is, in part, the whole reason the myth of Hell was created: to scare pinheads into obedience, and to take sadistic pleasure in the supposed damnation of others. I'm pretty sure in that ridiculous mishmash of fairytales you call the Bible it says that judgement is reserved for God.

As for the case itself, there is no demonstrable motive, and the evidence of the knife seems absurdly convenient. But I have no stake in the thing, and couldn't care less.
Reply to this comment
by tmittelstaed September 14, 2009 2:28 PM EDT
If she had just told the truth from day one she would not have had so many different stories. I don't know if she is guilty or not, but sure as shooting one of the 3 did the murder - and none of them have consistent stories. I suspect that what happened here was the s e x o r g y started with Kercher a willing participant, then part of the way into it, Kercher had enough and wanted out - and Knox helped restrain her, which is why Knox hasn't told a consistent story. If she is convicted, it will be because of her own inconsistent testimony.
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by timothyjo September 14, 2009 2:28 PM EDT
even blind justice can see she is guilty!!!LOL amanda will wish she was dead many times before this is over hahahaha hell awaits her
Reply to this comment
by saturn05 September 14, 2009 12:56 PM EDT
Besides the evidence against this crazy woman, she acts like she is crazy. There is something missing when you see a shot of her eyes and her weird little smirk.
Reply to this comment
by woeisme1 September 14, 2009 11:41 AM EDT
by mrs_cutout September 14, 2009 9:56 AM EDT
I hope they put this murderous hussy behind bars for the rest of her life and then after she dies Satan shall have his way with her.
----------------

You know what's funny about your post? If this were you on trial, you would certainly resent those that wanted to presume your guilt before the trial even played itself out.

Your sactimonious attitude is one of the problems we have in America these days.
Reply to this comment
by woeisme1 September 14, 2009 11:37 AM EDT
Well the defense should challenge the DNA if it suddenly appeared 47 days after they first collected her bra. Why was'nt that noticed earlier. Makes this case highly suspect, at least from the DNA standpoint.
Reply to this comment
by fedup12 September 14, 2009 1:16 PM EDT
Possible scenario:

Oops we dont have much of a case we better plant some DNA???
by SusanStoHelit September 14, 2009 2:36 PM EDT
It's not unusual. They collect a ton of evidence from the crime scene, it takes time to process it all. If they really thought it was wrong, they should pay for a paternity test of the DNA - compare it to the victim's parents.
by mauiswift September 14, 2009 9:56 AM EDT
Glad to hear they are not throwing out the DNA evidence. Knox's father was hoping for its removal to reinforce her alibi? Which one? She had a couple before she settled on the last one! Same with the boyfriend...as bizare and difficult it is to fully comprehend this case, that two young people could do such a thing, human nature is a very strange thing.
Reply to this comment
by msay3 September 14, 2009 12:17 PM EDT
mauiswift: Sh*t happens...Unfortunately, when it happens in a foreign country, one's options are limited....Advice to parents.....Your kid can get a superior education in this country....If they (the kids) feel the need for global experience, maybe they should wait until after they graduate, and go as a tourist....
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