In 2009, the young American college student was convicted of murder and sentenced to 26 years in an Italian prison. Lurid and grisly details of the killing of her college roommate were shared by media outlets around the world. The case garnered worldwide media attention because it centered around anomalous sex acts which apparently led to the gruesome murder of a beautiful young woman, and it involved American, French, British and Italian citizens. At the heart of the case was Amanda Knox.
Throughout the litigation, the press vilified the Seattle foreign exchange student. Upon conviction, the denigration and scorn reached new levels. Very little thought was given to the possibility that Amanda Knox just might be innocent. Most assumed she was the central figure of a bizarre love triangle engaged in sexual seance and erotic rituals that led to the death of her roommate. Most of the world believed the story in the media and the spin Italian prosecutors placed on it.
Following the sentence, some watchdog groups unveiled facets of the case, alluding there might have been coerced testimony and prosecutorial misconduct. The Defense hired investigators to dig into the allegations. They presented their case, and yesterday the Appellate Court divulged their findings. As the panel of judges entered the courtroom, no one moved. All eyes were fixed on the judge who read the verdict. Once he announced the murder conviction had been overturned there was an emotional outbreak. Outside, Italian citizens who massed in front of the Courthouse in Perugia also responded in celebration. Back inside, Amanda seemed to melt and collapse into her own arms. There was no elative bouncing and jumping. There was not a response of exuberant joy. There was not even a smile on her face. After some seconds the camera gave us a glimpse of the woman whose life and future was completely altered by the ruling. There was no expressive happiness. There were tears showering a forlorn look, a glazed expression, an anguished and scared face. Quickly, court officials surrounded Amanda and escorted her away so she could privately be reunited with her family. Amanda Knox came into the courtroom a convicted murderer, she left a free woman.
The ruling in Perugia, an idyllic town centrally located between Florence and Rome, leaves me with some observations. One can never understand the magnitude of what took place in the Italian justice system unless they have sat on the other side of freedom. Unless you have found yourself on the wrong side of the law fighting for your life, it's difficult to comprehend the enormity of the ruling in Perugia, a city 20 kilometers northwest of Assisi, the town that gave the world one of its most revered Saints. And you certainly can't grasp Amanda Knox's reaction to her miraculous freedom unless you have stood in her shoes and seen your name paraded in exaggerated, biased, and weighted media clippings that often convict before you have the chance to defend yourself in a court of law.
Yesterday, we were reminded again, there are always two sides to every story. Unfortunately, those who face prosecution can seldom, if ever, share their side of the story. Anything they say is often twisted and used against them. Perhaps the most alarming question that comes from the overturned murder conviction is this: Why would Italian prosecutors and investigators willfully and knowingly misrepresent facts, truths, and evidence to gain a conviction? Furthermore, is this type of activity taking place in the U.S. justice system? I'll let you assess the facts.
The median incarceration rate among all countries is 125 individuals for every 100,000 people. In England it's 153; Germany, 89; Japan, a mere 63. In America it's 743, by far the highest in the world. When you include all U.S. residents currently on probation or parole, our country's correctional population soars to 1 in every 31 Americans. All told, the U.S. incarcerates nearly 25 percent of the world's prisoners. And this does not include the plethora of individuals who backlog our courts awaiting trial or some outcome to their case. Nor does it include the countless thousands who are under investigation facing some potential indictment.
The cost of our prison system is staggering as it has ballooned to over $200 billion per year. Meanwhile, millions of men – fathers, sons, wage earners – have been consigned to a vicious cycle of absence, stigmatization, and recidivism. Something has desperately gone awry. Either we have the most evil people on earth living in the United States, or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice. Americans are not 12 times as evil as the Japanese, or 8 times as evil as the Germans. It's alarming that the most Christianized nation in the world has the largest prison population in the world. Perhaps our response to crime is wrong and is being driven by something other than justice.
USA Today, Newsweek, and other well-respected periodicals have recently begun to address the chilling disparity of the U.S. prison population compared to the rest of the world. They have asked, "Why are unfathomable numbers of people being thrown into prison? What is driving this effort?" The answers lead to another looming question: What motivates prosecutors and investigators and why are so many individuals receiving draconian sentences? This brings me back to my earlier question regarding the Italian prosecutors in the Amanda Knox case. Allow this question to traverse the Atlantic and be asked another way: Could U.S. prosecutors and investigators willfully and knowingly misrepresent facts, truths, and evidence to gain convictions? The aforementioned publications, our exploding prison population, and numerous high profile cases recently overturned suggest that not only are some guilty of this grievous act, it also appears to be a common practice in our judicial system. The current mandate seems to be "At all costs, get a conviction."
This practice turns our judicial system upside down. Instead of a case becoming about the truth and discovering what really took place, it becomes about the end result. This is certainly what I experienced in my case. Numerous filings by the Government contained statements that were either untrue, exaggerated, or slanted with a bias that was not factual. A story was spun that stretched the truth of what really took place. When my ordeal started, I had great confidence in our judicial system and truly believed the Government would be fair. I learned otherwise.
As I write, a report is coming across the airwaves of another prisoner from Texas being freed from a life sentence after spending 25 years in prison for allegedly murdering his wife. New DNA evidence exonerated him, proving his innocence for all these years. An investigation continues into allegations that investigators and the prosecutor deliberately withheld evidence that would have saved Michael Morton from a guilty verdict. Again, why would prosecutors withhold the truth in order to gain the conviction of an innocent man? Such cases as this and the "West-Memphis Three" fill my mind with many thoughts.
Without question, some within the justice system are no longer interested in the truth. Often they lie and fabricate various elements of a case they are pursuing for the purpose of getting a conviction. Prosecutors, investigators, others on the right side of the law can easily be driven by something other than justice. All who work in this arena are human, and humans are fallible. Some can be motivated to build a certain reputation and make a name for themselves. They can easily use their current position as a stepping stone to someplace higher and better. Convictions of high profile cases make this goal more attainable and ease the transition to a very lucrative world. Could the same vices that corrupt the supposed criminals also corrupt the prosecutors and investigators? Desires for fame, greed, lust and power tempt us all. It appears some within the Justice Department have fallen for these temptations. Think of individuals who have been in the headlines under investigation, indictment, or conviction for some crime: Martha Stewart, John Edwards, Mark Cuban, Wesley Snipes, Roger Clemens, Barry Bonds, Lance Armstrong, Michael Dell, Steve Jobs, Scooter Libby, Willie Nelson. These names should grant some insight and are only the tip of the iceberg. Of these, some went to prison, some reached exorbitant financial settlements to avoid prosecution, and some are still under investigation or indictment.
Two cases from years past reiterate the truth of what I am writing - Michael Milken and Jim Bakker. Both men were convicted of fraud and sent to prison. Milken received 10 years and Bakker 45. Both won their appeals and their sentences were greatly reduced to 2 and 8 years respectively. Milken was prosecuted for creating a financial instrument uncommon in his day – Junk Bonds. This monetary device and trading of such bonds made him a multi-billionaire. It was these bonds that built most of the hotels and casinos on the Las Vegas strip and allowed Steve Wynn to fund his empire. Milken's creative genius caused Vegas to become what it is today. In the case of Bakker, he allegedly fleeced his followers by misleading his television audience on his show The PTL Club. Hundreds of millions of dollars were donated to build Heritage USA and somehow his actions were fraudulent.
Years later, some of the world's foremost legal experts studied these two cases thoroughly. One class at Drake Law School dedicated an entire semester to the Bakker case to try and decipher where he broke the law. Alan Dershowitz, among others, researched the Milken case. Dershowitz also represented Milken and Bakker on their appeals. The overriding opinion of experts who delved into these cases was that neither man committed a crime. The Law Class at Drake University reached the same conclusion. Much of what the Government presented in both cases were lies and fabrications that convoluted the truth of what really took place. Overzealous prosecutors apparently sent innocent men to prison.
Amanda Knox is on a plane tonight traveling back to the United States. After four years of hell, loneliness, and living through a torturous experience, she is a free woman. Many who followed this ordeal rejoice with her. And some are angry and upset. In their mind another "perpetrator" walks free. No matter what side of the fence we fall on, we all should withhold judgment for we are not privy to the inner workings of her case. And none of us were there the night Meredith Kercher died.
One thing I am confident of is this: somehow at the end of the day, justice will be served. People do reap what they sow. The law of karma seems to repeatedly prove itself. And if it does not happen in this life, it will certainly take place in the next. In the meantime, let's be thankful for grace and mercy. They extend to all and have the power to completely transform any person. Should we err in this life, may we err on the side of mercy and grace.
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