Anti-American Bias in the Amanda Knox Case: Perspective of an American Lawyer in Italy
After writing my review of Murder in Italy by Candace Dempsey, I found I hadn’t scratched the surface of what I had to say about this case. Once I started writing, I ended up with way too much material for one post, so I’m spreading it out this week, which apparently will be Amanda Knox murder trial week here at Bleeding Espresso. Believe me, I’m not thrilled about it either, but I do want to get this perspective out there, so I ask that you please bear with me, and we’ll get back to Calabrian sunshine and cuisine next week.
Over the past couple years, many people have asked about my opinions, and I understand why: I am American, I have lived in Italy for seven years, and I am a lawyer. I’ve refrained from offering my opinion publicly as I simply don’t know what really happened in that house in Perugia in November of 2007.
While I may come from a somewhat unique perspective, I don’t know any more than anyone else, and it’s not my job to decide whether Amanda Knox, Raffaele Sollecito, and/or Rudy Guede played parts in Meredith Kercher’s death. Courts have heard the cases and decided, and we’ll soon be going through a similar process again. If you want speculation on “whodunit,” you can find it all over the Internet. Have at it.
Putting aside the “Did they do it?” questions, from where I’m sitting, there have been certain aspects of the case that have bothered me from the beginning; that is why I’m writing now. It should be understood, but I’ll say it anyway: what follows is MY perspective based on MY experiences as an American (Italian dual citizen) lawyer living in Italy. Your mileage may vary.
To me, there have been three major misconceptions about the trial on the part of the American media: the so-called anti-American bias in the Italian criminal justice system, the so-called media circus surrounding the trial, and the so-called conviction based on nothing. I’ll deal with each in turn, starting with:
The So-Called Anti-American Bias in the Italian Criminal Justice System
Let me start by saying I am disgusted with the way the American media has treated the Italian criminal justice system; if someone wants to bash the system, I have no problem with that *if* the person knows what s/he is talking about. If you don’t know the basics of the system let alone its ins and outs, it’s not only uninformed but also beyond disrespectful to (literally) shout about it on television news programs and rile up the masses, who probably know even less than the “journalists.”
From my experience — and as many fellow Americans and other foreigners living in Italy might agree — Americans here are often offered some of the best treatment of any foreigners in many aspects of society. I can’t and won’t speak for all Americans in Italy, but I have seen absolutely no underlying bias working against us; in fact, I would say it’s often quite the opposite. I lived here through most of the George W. Bush years, and even at the height of his unpopularity in Italy, Americans as a group weren’t hated — and that’s saying something, I think.
I’m having a hard time understanding why if Americans tend to be treated extra-well in everyday transactions, it would turn to animosity, even a witch hunt according to some, in a situation as serious as a criminal investigation — although let’s remember that Knox’s accusatory finger pointed at Congan native but long-time Perugia resident Patrick Lumumba had him arrested before he was even asked about an alibi, so they seemed to believe wholeheartedly in that American back then.
Put another way, I have no problem with the argument that the verdict was against the weight of the evidence (the judges and jury got it wrong) or with those who question the wisdom of putting Prosecutor Giuliano Mignini, who was going through his own prosecutorial misconduct trial (and was eventually convicted) in charge. Indeed, these are absolutely valid challanges. But implying or insisting that the entire Italian criminal justice system had it out for Knox *because* she is American is absurd.
Aside from personal observations, my mind keeps coming back to one question I can’t sufficiently answer, and I feel myself wanting to quote Denzel Washington’s line from Philadelphia, “Explain it to me like I’m a 4-year-old.” My question is this: “What would be in it for Italy to railroad Amanda Knox?” Millions of euros in tourism revenue lost per year because disgruntled Americans won’t visit and, taken to the extreme, the possibility that the most heavily armed country in the world wouldn’t come to its defense in a time of need?
OK, so maybe Mignini wouldn’t think on that grand a scale, but wouldn’t *anyone* throughout the entire government? I find it much more plausible that the Italian powers-that-be would find a way to make this go away if they saw a reason to do so. Remember Prime Minister Silvio Berlusconi came back into office in early 2008, just before a new American President would be taking over; couldn’t it have been an opportunity to forge a relationship with a new White House buddy?
Granted, like most murder cases, this one isn’t technically a national matter, but let’s be honest: Italy has liked staying on America’s good side since World War II, and anyone who knows anything about Italy knows Berlusconi can do pretty much whatever he wants. If he wanted this to go away, it would.
So I’m left to wonder: if a young American college student (a sympathetic “victim” if there ever was one) has been falsely accused of murder, wouldn’t it actually be in the Italian government’s best interests to fix the thing? Make it go away? Play nicey-nice with one of the world’s so-called superpowers? Or, short of that, make damn sure she gets a fair trial?
To be clear: I’m not saying the Italian criminal justice system is flawless. I’m also not saying there may not have been other improper and/or unethical reasons Knox was pursued as a suspect; from my experiences and observations, I just don’t believe her American citizenship was one of them.
I also don’t believe the Italian government would sit on its collective hands and let an American girl get “railroaded” as so many have claimed. It just doesn’t make sense to me why they would do that. Aside from not wanting a miscarriage of justice on their hands (never looks good on a government), international scandals just don’t look very good either — and Italy is famous for the bella figura.
So maybe you’re thinking, “But part of the bella figura is actually solving a high-profile crime!” Indeed, but remember the police did have Guede’s DNA all over the crime scene, so his conviction wasn’t going to be difficult to obtain (and he’s even technically a foreigner although he spent most of his life in Italy). And let’s not forget there is also an Italian who has been convicted — on less evidence than there was on Knox IMHO. Anti-Italian bias?
Or one could say the bella figura aspect means that Italy wouldn’t want to make itself look bad by admitting it was wrong about Knox. Sure, that’s a possibility, but remember the police also made a huge scene of arresting Lumumba, but then had to release him two weeks later when his DNA didn’t show up at the scene and he had a solid alibi. Plus it seems it would be much more brutta to send someone to prison for murder and then get called on the international carpet, so to speak, by the U.S. Secretary of State or President on the issue — and they’d have to believe that would happen if it was a clear case of railroading, no?
Now, to be clear, none of this means I necessarily think Knox and Sollecito are guilty of the crimes they’ve been convicted of, but at the same time, I can’t easily explain away the fact that no one from a higher level of Italian government has stepped in at any point to question the arrests and convictions — this despite a highly publicized outrage campaign by Americans, including politicians, albeit not top-level. Secretary of State Clinton said just after the verdict that she’d be willing to talk to anyone with concerns about the case, but there’s been nothing else reported on that as far as I know. If anyone knows the status of Clinton’s review, please do share.
To me, all of the above suggests anti-American bias had nothing to do with this case and that there just may be something behind the conviction after all — such as the 400+ page document written by the court that explains its decision, which I’ll be discussing later in the week. Before we get there though, on Wednesday I’ll talk about another of my pet peeves about this case: the so-called media circus surrounding the trial. Hope you’ll be back for that.
Fellow Americans and foreigners in Italy as well as Italian natives, I’m especially interested in hearing your opinions and experiences, so please add your two beans! The same goes for everyone else too, of course. Please let’s try to remain civil and respectful. Personal attacks will not be tolerated.
[PHOTO CREDITS: Perugia Panorama by Renzo Ferrante on Flickr; Perugia by Chris Yunker on Flickr]
112 Beans of Wisdom to “Anti-American Bias in the Amanda Knox Case: Perspective of an American Lawyer in Italy”
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Michelle Fabio is an American attorney-turned-freelance writer living in her family's ancestral village in Calabria, Italy and savoring simplicity one sip at a time.
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Michelle writes:
“I didn’t say it was inappropriate to question the impartiality of Judge Matteini; I just said I don’t think there’s anything behind it unless there are other facts I don’t know.”
One of the reasons that “other facts” are not known as well as anyone would like is that Italian law does not permit full public access to the trial record. Much of the information about the case is derived from eye-witness accounts of journalists who were in the courtroom and of favored journalists who have received selected court documents from corrupt public officials.
In the United States and other western democracies the right of the public to inspect the trial record is fundamental. There are of course reasons that some documents must remain sealed — dignity of the victim, privacy of minors, etc.
The problem in Italy is that the motivation for the secrecy of the court record is to shield a corrupt and dysfunctional Italian justice system from public scrutiny.
I’ve now officially had enough of the Italian system bashing; obviously you’re still not understanding that this isn’t your system to fix. If you have anything else to say of value on the alleged anti-American bias in this case, you’re welcome to contribute, otherwise please move on and argue with someone somewhere else.
Hi Michelle – very interesting post, though I admit I haven’t read all the comments. I have found the case very odd, and particularly the media coverage of it. I have lived in Italy for four years and like you I never experienced any anti-American bias, on the contrary. I know that the italian legal system has its quirks – which from what I’ve seen mainly have to do with letting politicians drag feet on corruption cases until the statute of limitations runs out. But I think that the disparaging attitude towards Italian justice in generally has been pretty shocking and unprofessional and seems to play on a lot of superficial and outdated stereotypes. I don’t know if AK is guilty or innocent, but she has certainly had some bizarre behaviour given her situation. But then I can’t imagine being in her situation – guilty or innocent – and she may just be an odd bird…
I do wonder if you have read the book The Monster of Florence [http://www.amazon.com/Monster-Florence-Douglas-Preston/dp/0446581194], which deals with a serial killer in Florence, and the way the investigation and trial was mis-handled in the courts by… the same Perugia prosecutor! I have no inside information, and the book may be highly biased – but I was really spooked in the end after this expose of a poorly managed trial process and the fact that it was the same guy prosecuting Knox.
Have you read about this? Any perspective? I haven’t followed the AK case so closely but I haven’t heard anyone else mention this angle of it…
I haven’t read it, Jill, but I do think that assigning Mignini to this case was questionable at best, and it’s absolutely something I would have challenged as a lawyer for the defense. I don’t tend to read “true crime” books because then I find I’m personally motivated to go find the other side (inevitably they are biased, b/c that’s the “hook”), and I just don’t have the kind of time
Thanks for coming by!
Whats gonna happen when/if this case goes back to trial and they happen to find Knox and Sollecito innocent? Then Guede will be the only person left that was convicted of stabbing that poor girl and raping her. Will they try to add more years to his sentence, or will he walk in less than 10 years like they are saying? Yall can bash the American legal system if you want. However,in the US kercher’s family would get some satisfaction, when they stuck a needle in Guede 20 years later and cremated his remains the next day. Because lets be honest, they won’t ever see any of that monetary compensation they won in the civil case.
Also, if knox and solecito are found innocent does that count for the civil conviction also?
Wow, defending the death penalty. We definitely don’t agree on that. I don’t know how the criminal trial affects the civil; in the US I know it wouldn’t at all, but I don’t know about Italy.
I lost all sympathy for this young lady when an innocent Congolese man was paraded in the media as the suspect and subsequently spent two weeks in prison based on her fingering him as the perpetrator. I’m a Black South African who has lived in the U.S. for the past 15 years, and still go home every year. That episode left a very bitter taste in my mouth. I can’t speak much of the anti-American sentiment perceived by Americans. I have enough African stereotypes to deal with as it is.
I’ve since watched the many CBS 48HRS shows on this case, and I believe there was something on Dateline and ABC as well. I recently saw the Oprah show on her case as well. Still, I can’t make up my mind on whether she’s guilty or not. Someone has mentioned that the family hired a PR firm…… well, that explains that weird/clean depiction of a “poor, innocent, All-American, White girl” I saw on Oprah. That makes me wonder if African-Americans girls are ever described as All-American. Nonetheless, all these shows seemed to have one main message, and that is that the Italian Justice system is inept and the U.S. Judicial System is far superior.
Thanks for breaking this down from such a unique vantage point. I will be following your blog for more.
Lots of thought-provoking ideas in your comment, Linda…there could be an entire book just on the idea of the all-American black girl. Regarding the superior American justice system, I always find that more than a bit disingenuous from those shows who also tend to devote entire shows to the wrongfully convicted — in America. But oooookay
Actually, from what I have read about the Italian Judicial system, I like the idea of hows its suppose to work. There are far more things i would change to the US Judicial System than the Italian Judicial System.
First you would have to change the ability that allows for members of the judicial system to file slander charges against people. Plus if you lose you should have to pay the person you accused. You should also have to serve jail time or pay a fine if you charge someone with slander and in court they prove what they said was true. (i’ve had a hard time finding much on how slander works in Italy since its cluttered with amanda knox stuff) Both sides should be just as liable.
Make Prosecutors that leak false information that slanders the accused criminally liable.
Disallow prosecutors and judges from talking to the media about a particular case, until after the first trial.
Next you would have to make the Judges in the first trial more accountable. I love the idea of having professional Jurors. After all you are supposed to be able to trust that the judges and lawyers know what they are doing. Only problem is from what i’ve read, they convict first and then acquit second. If the first jury was able to say not guilty but the prosecution was still able to keep trying at the next higher court that would be better. After all I could have sworn someone said italy changed its law to be innocent until proven guilty. However since Italy’s acquittal rate in the world is so high on the 2nd and 3rd trials, it doesn’t seem like the system is working that way.
Remove the ability of judges to reduce the length of a sentence for crimes that pertain to rape and murder.
That is pretty much all i would change. I could spend pages on what i would change in the us system.
Chris C Wrote:
“First you would have to change the ability that allows for members of the judicial system to file slander charges against people.”
Actually, the charge Amanda was convicted of and the new charge she is facing isn’t actually ‘slander’, slander is simply the term used by the Anglo media since it is a term their readers can understand. What she was convicted of is actually ‘calunnia’, the closest English translation being ‘calumny’. The Anglo definition of that is pretty close to slander/libel, but not the Italian. What it essentially means is the formal false accusation of someone of a crime in the course of an official criminal investigation or procedure, in the full knowledge that the accusation is false and therefore is malicious. It is seen as a crime both against the state and the victim of the accusation. It essentially incorporates false formal accusations of criminality, perjury, wasting police time and defamation into one (and in the US/UK criminal common law system, wasting police time and perjury are both considered criminal offences and those who make false criminal accusations against people are often prosecuted under one or both of these).
It must not be confused with the charge of ‘defamation’ which is more a civil matter rather then criminal.
Chris C Wrote:
“Next you would have to make the Judges in the first trial more accountable.”
Of course they are accountable. First of all, they must write a ‘Motivations Report’ which outlines every step of evidence, logic and argument of how and why they reached their verdict and this must be made available to the prosecution, defence and legal teams representing the victims and to the public. Their judgement is then scrutinised in two automatic appeals, the final appeal being in the Italian High Court. What comparable accountability do juries in the UK/US common law system have? Moreover, in Italy, if a judge is found to have committed any misconduct, then it is a matter for a criminal trial, not for a governing body or agency as is the case in the common law system.
Chris C Wrote:
“Make Prosecutors that leak false information that slanders the accused criminally liable.”
They are.
Chris C Wrote:
“Disallow prosecutors and judges from talking to the media about a particular case, until after the first trial.”
Why?
The system doesn’t work like that. A prosecutor in Italy must jump through many hoops to get someone to trial, all of these hoops are under the scrutiny of judges in a court (all of the accused had to go up in front of multiple courts vbefore it even went to trial) All court findings must be published in a motivations report and these contain the arguments/evidence of the prosecution and the defence of the accused. Therefore, the media have full access. The alternative is that all of these hearings are held behind closed doors in secret, which would raise the suspicion/risk of abuse rather then diminish it and leave the system open to accusations of a lack of transparency.
Chris C Wrote:
“I love the idea of having professional Jurors. After all you are supposed to be able to trust that the judges and lawyers know what they are doing. Only problem is from what i’ve read, they convict first and then acquit second.”
Then you’ve read wrong.
Chris C Wrote:
“After all I could have sworn someone said italy changed its law to be innocent until proven guilty. However since Italy’s acquittal rate in the world is so high on the 2nd and 3rd trials,”
Actually, the acquittal rate on appeal in Italy is 12%. That’s not that high.
Your assertion that Italy only recently adopted the value of ‘innocent until proven guilty’ is completely false, it’s a nonsense.
Chris C Wrote:
“Remove the ability of judges to reduce the length of a sentence for crimes that pertain to rape and murder.”
Why?
You dont think 12% is high? That means 12% of the people in Italian jails are innocent.
Chris C Wrote:
“You dont think 12% is high? That means 12% of the people in Italian jails are innocent.”
The World is black and white to you isn’t it? It doesn’t mean 12% are innocent (although a portion of them may be), it means that the evidence against them is not considered strong enough for the conviction to be safe. And since they are acquitted, they’re not ‘in’ jail are they?
I am an italian native and would like to point out about this matter.
First of all, in all the blogs I follow I have the clear impression the main prejudice of the americans against the europeans is they believe americans are stupid.
Europe is composed by various Countries one different from another and inside these Countries there are several differences among regions. Maybe we have things in common but please , at least in Italy there ‘s nothing than respect and admiration for the U.s. Citizens. Believe me or not, most people here still remember their help after the war.There’s no bad sentiment against americans in all Italy. I’m sure of this fact.
Second,the italian justice system has many things to improve and I do not feel to defend it.The court, with a big crucifix behind, in a middle aged town like Perugia was not a good ad for the italian justice. It was a mistake of communication. I can imagine this scene seen from abroad could be misunderstood like an inquisition trial.
I do not believe is the Amanda behaviour under judgement at least I hope not
I would be very sorry if Amanda was charged if innocent, as it would be sorry for everybody in the same conditions.
Third : an italian, charged for a murder that was pretty much the same, In Florida was condemned to death and now he’s under the ground. I refer to Rocco Derek Barnabei .Amanda, if guilty, does not risk to be killed and probably will be freed within 5/6 years. We have 2 systems of justice. Are we sure we know who’s the best ?
A lot of what you mention here, Riccardo, is why I’ve never felt comfortable with all the Italian-system bashing; thank you for adding your beans from a native Italian perspective
[EDITED: Regarding the comment about] Amanda being privileged and sheltered in this day and age, including stating there must be something wrong with her if she had never watched an episode of Law & Order. THAT is the most presumptuous, pompous, ignorant load of crap I ever heard! Before I say why I will tell you MY background and relationship to Italy. I am a New York born woman (many years ago…way before your time I believe) who at the same age as Amanda went to study Art in Florence, armed with the knowledge of how to say, “Ciao”, “pronto” and “Come ti chiami”, I arrived in Florence on a Sunday, school door was locked and I had to find my way. Though this was way before the days of Law and order, I hadn’t watched TV in probably 4 years. I had never been out of the United States and I was quite Naive indeed. Flash forward a couple of years…I green card married my Florentine boyfriend and was told by MANY Florentines…I was an oddball American.
[EDITED]
Amanda probably never watched Law & Order because she had more interesting things to do then sit in front of a TV, like create, read, engage, live life…listen… I’m not saying I personally don’t LOVE TV, I do!! but just like I don’t like to be judged for watching all the TV I missed as a younger woman, I don’t judge those who don’t live life on the same track as the majority of others do. Amanda is a non conformist and a “quirky” girl. This is widely known. Since when is being an oddball make you a Killer? Or deem the raised eyebrows and judgmental comments on how she, “did herself in by acting unconventionally strange”.
I lived in italy for over 5 years and I still have family and the closest of friends there. I LOVE italy and italians. I do not speak ill of them. but just like my mother, I feel that, only I can talk SH*t about her…… Italy and Italians have problems, BIG ones….if you think not… come hang with my crowd in Italy sometime…Just like in the US we sit around and B*tch about the good, the bad and the ugly… often. Complaining is cathartic, everyone does it everywhere. Italians and the French are NOTORIOUS for this past time.
[EDITED]
The Tabloids did a number on Amanda Knox and EVERY Italian I speak with (there are MANY) agrees. I have TWO friends who are detectives in Italy and they agree the whole case smelly, typical and the Tabloids run amok. Is there Anti Americanism? it’s not overt…it’s been a long time of an insidious resentment that is too complicated to figure out in one question in one blog…..It’s a topic of discussion for a Thesis paper from years if research and study on the socio-poltical environment in the social classes of Italy.
BTW [EDITED} Amanda’s naivete about legal representation does not show a “spoiled” sheltered” brat, but a loved and cared for sweet young woman who’s heart was so good she would never imagine the malice and evil doing the people around her would do to twist her words, torture her brain and slap her on the head calling her stupid. If only there were more people in the world as good and kind as Amanda, who obviously did not kill anyone, Meredith would still be alive! Anybody with a brain can see psychologically speaking neither Amanda or Raffaele killed Meredith Kercher and I’m sorry if I go off topic.. but Italian people ARE talking about this case….it depends on who you’re talking to (age, education, job, etc…) and how close you are to them… especially as an American.
Thanks for the venue to post Michelle!
Well I do think the Law & Order comment was facetious, but I do still find it hard to believe that by age 20 any American doesn’t know some form of “whatever you say can be used against you” whether or not they know it’s part of Miranda rights. And since I found this a bit too personally charged, I edited it; I apologize if that offends you, but to me this was too personal.
I’m Venezuelan, just moved to Italy two ago months. Lived in upstate NY for a year a while ago. Read a little about the case in Venezuela. I Read your blog often, and just wanted to add that if anything Italians love american culture. Don’t know if the trial had any wrong doings or anything, but I find it hard to believe that there might be an anti-american feeling in Italy. It just seems very awkward. Actually, except for the lega nord, the only sign of discrimination towards foreigners (if any) has come from “stranieri”!.
Italians love american culture. Or at least some things of it. Guess time will tell if I maintain this opinion during the years, but hopefully I will.
I’m sorry to those of you who still have valuable insights to be made, but I’m no longer interested in refereeing the comments here, so I’m closing them. If you’d like to email me, feel free, but if you’d like to continue arguing your side of the case — whichever that may be — I suggest you go find one of the many forums dedicated to this case online.
Thank you all for reading, but I’m starting this week fresh and clean of stress, and that includes not having to wade through countless comments that have nothing to do with what I posted.