AMANDA KNOX; JUDGE REJECTS PROSECUTION REQUEST FOR NEW DNA TESTING. AP CALLS IT A "BLOW" TO THE PROSECUTION;

"The decision to deny more DNA testing was a blow to the prosecution, which had sought to counter the results of a court-ordered independent review that harshly criticised how DNA evidence was used in the case.

Without a clear motive or convincing witnesses, the DNA evidence is crucial, and much of the appeal outcome hinges on it.

The court presided over by Judge Claudio Pratillo Hellmann said closing arguments were to begin on September 23, with the prosecution going first, followed by civil plaintiffs and the defence."

REPORTER ALLESANDRA RISZO; THE ASSOCIATED PRESS;

(SEE CNN REPORT FOLLOWING THIS STORY);

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BACKGROUND: Ms. Knox, 23, from Seattle, and her co-defendant Raffaele Sollecito, an Italian, were convicted in 2009 and sentenced to 26 and 25 years in prison, respectively, for the murder of Meredith Kercher, 21, a British exchange student at the University of Perugia who shared a home with Ms. Knox. Both have denied wrongdoing and their appeal trial started last November. An Ivorian man, Rudy Guede, was also convicted of the crime and sentenced to 16 years. After Ms. Kercher’s half-naked body was found in her bedroom, her throat slit, on the morning on Nov. 2, 2007, prosecutors said she had been killed in a sexual escapade that spiraled out of control. (New York Times);

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"An Italian court has rejected a prosecutor's request for new testing of crucial DNA evidence in Amanda Knox's appeal against her murder conviction," the Associated Press story by reporter Allesandra Riszo published earlier today under the heading, " Blow to prosecution in Amanda Knox case, begins.

"The decision to deny more DNA testing was a blow to the prosecution, which had sought to counter the results of a court-ordered independent review that harshly criticised how DNA evidence was used in the case," the story continues.

"Without a clear motive or convincing witnesses, the DNA evidence is crucial, and much of the appeal outcome hinges on it.

The court presided over by Judge Claudio Pratillo Hellmann said closing arguments were to begin on September 23, with the prosecution going first, followed by civil plaintiffs and the defence.

Knox, an American student now aged 24, was convicted in December 2009 of sexually assaulting and murdering her British roommate Meredith Kercher while they were studying in Perugia.

She was sentenced to 26 years in prison.

Raffaele Sollecito, an Italian who was Knox's boyfriend at the time, was convicted of the same charges and sentenced to 25 years.

Both deny wrongdoing and are appealing the lower court verdict.

In the first trial, prosecutors maintained that Knox's DNA was found on the handle of a kitchen knife believed to be the murder weapon, and that Kercher's DNA was found on the blade.

They said Sollecito's DNA was on the clasp of Kercher's bra as part of a mixed trace that also included the victim's genetic profile.

The appeals court ordered an independent review, which found that much of that evidence was unreliable and possibly contaminated.

The review was at the centre of several fiercely debated hearings in the Perugia courtroom, with police defending their investigation.

The judge said the discussion had been thorough enough for the court to form an opinion.

New testing would be "superfluous," he said, rejecting the request made earlier in the day by Prosecutor Manuela Comodi.

The court also rejected another prosecution request to put back on the stand a witness who had previously testified that his brother, a fugitive, had killed Kercher during a botched burglary.

The witness, a jailed Naples mobster, announced he wanted to retract and was questioned by Comodi in prison in July.

The court ruled that transcriptions of that questioning would suffice."

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The story can be found at:

http://www.watoday.com.au/breaking-news-world/blow-to-prosecution-in-amanda-knox-appeal-20110907-1jwo1.html

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CNN COVERAGE: WEDNESDAY SEPTEMBER 7, 2011;

Perugia, Italy (CNN) -- The father of American student Amanda Knox says prosecutors have "no case left," after an Italian judge rejected a request for new DNA testing of evidence.

"It really appears to me that they want to find the truth," Curt Knox said of Judge Claudio Pratillo Hellman's decision Wednesday. "I'm very hopeful that by the end of the month, we'll be able to bring Amanda and Rafael home."

Amanda Knox is fighting her conviction for killing her British housemate, Meredith Kercher. Knox and her ex-boyfriend, Rafael Sollecito, were found guilty of the killing in 2009.

The judge also rejected prosecution efforts to introduce newly found records about the original testing and to hear a new witness -- all victories for Knox's defense, which opposed the motions.

Curt Knox said his daughter is "handling it a step at a time. She's not pessimistic by any means. But she's also not saying, you know, I'm coming home."

He told CNN that the family will be allowed to see Amanda on Friday and will have a better sense of her reaction to the court's decision then.

Still, he acknowledged that "it was very good news for Amanda."

Even the prosecutor's office told CNN that its attorneys are less certain of the outcome. The prosecution is still confident that the verdict will be upheld, but is aware that it could go either way, the office said.

But Francesco Maresca, an attorney for the Kercher family, said that the rulings were not a defeat and that he understood why the judge rejected the requests.

The judge adjourned the hearing until September 23 when final arguments are expected to begin. The earliest possible verdict date is September 29 under a timetable the judge released Wednesday.

Knox and Sollecito were found guilty of the killing two years after Kercher's semi-naked body was found in the house they shared in Perugia.

Knox was sentenced to 26 years in prison, while Sollecito got 25. A third defendant, Rudy Guede, was convicted in a separate fast-track trial.

Knox and Sollecito are appealing their convictions together, having been convicted in a joint trial.

Attorneys for Knox and Sollecito this week have worked to cast doubt on DNA evidence found on the knife and Kercher's bra clasp.

DNA on the knife used to kill Kercher could not have been from blood, a forensic expert testifying for Knox's defense told the court Wednesday.

Carlo Torre, one of Italy's best-known forensics experts, presented a detailed technical argument about the DNA on the knife. Prosecutors in 2009 said there were traces of Knox's genetic material on the handle and Kercher's in a tiny groove on the blade.

Sara Gino, another defense witness, testified Wednesday that Sollecito's genetic material could have gotten onto the bloodied bra if it was on Knox's clothes when they were washed with Kercher's before the killing.

Other experts working for the defense argued this summer that the Sollecito DNA allegedly found on the bra clasp should be "inadmissible."

Carla Vecchiotti and Stefano Conti said the clasp was "dirty" and had been allowed to rust, making further testing futile.

Vecchiotti has also testified that tests for blood on the knife were negative, and that the amount of DNA said to be Kercher's was so low, it could not be examined again with any conclusions.

But Italian state police forensic expert Patrizia Stefanoni defended Tuesday the methods and the equipment used in the investigation.

Stefanoni said the machine used for the DNA examination was clean and rejected suggestions the clasp had been contaminated. She said it had been moved but not turned over or stepped on at the scene.

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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;