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Thread: Amanda Knox gets 26 Years

  1. #7066


    Overturn overturned --

    March 26, 2013

    Rome Court Overturns Acquittal of Amanda Knox


    ROME — Italy’s highest court on Tuesday ordered a new trial in the sensational case of Amanda Knox, an American exchange student accused of murdering her 21-year-old roommate, Meredith Kercher of Britain, in 2007.
    The judges’ announcement that earlier acquittals had been overturned was greeted by a shocked silence in the courtroom here. Ms. Knox, who now attends the University of Washington in Seattle and had expressed hope that the ordeal was behind her, said through a spokesman that the news of her resurrected prosecution was “painful.”

  2. #7067


    The lunacy of the Italian court system shows no limits, no shame, no capacity for introspection or self awareness. My advice to Amanda is to set Italy to the "ignore" function: work great on Internet forums.

    Anyway, this is a non-issue: does any one in their righ mind believe she is going to put herself back in the Hans of those lunatics. MY god......

  3. #7068


    I think Knox is protected by double-jeopardy, but not the case for Sollecito, who will have to endure another trial. And I suppose that another verdict (regardless of the outcome) would generate another appeal to the highest court. So this won't end until the legal machinery gets synchronized.

    I just found out that this saga has spawned still another court case. Mignini has charged Sollecito with defamation about comments in his recent book, Honor Bound.

    The Italian courts have invented perpetual motion.

  4. #7069


    Absoltutely insane. Does anything EVER get settled in Italy. What a looney bin.

  5. #7070


    We do have an extradition treaty with Italy. I don't know if the history of this case will prevent that from being used to force her to go back.

    Quote Originally Posted by IrishInNYC View Post
    I think the US of A will effectively do just that. In the unlikely event Italy requests her to be extradited, there's no way the States will let her go. Foxy should be protected by the 5th amendment and the Double Jeopardy Clause therein.

    I had sort of forgotten about her too. Boy is she cute. Where are the reality TV hounds? She needs to be on Survivor.

  6. #7071


    Regardless of the treaty, I read somewhere that the US can not legally 'force' her to return to Italy: there is a simple True/false answer to the question - but I don't have

  7. #7072


    I think it has to do with her constitutional right to not face Double Jeopardy,

  8. #7073


    I have no idea how this would play in US courts. I don't know if they give themselves jurisdiction on how foreign courts work. Italian law functions this way, and we have a treaty with them. I don't know what else matters.

    Another issue. If she doesn't go back and fight , she could be convicted in abscentia. Even if the US doesn't extradite her, if she ever leaves the US, she could be extradited from wherever she goes, and not be able to fight the charges at that point.

  9. #7074


    I am by no means an expert, but to me, this is akin to countries with whom we have treaties refusing to extradite murder suspects because the US legally sanctifies the death penalty. They do so, because the home country considers the death penalty a violation of their constitutions, national law, civil rights, etc...

    It seems to me, the same principle would apply to double jeopardy.

  10. #7075


    If a US citizen (or a citizen of any country) is taken from a third country, that's not extradition; it's apprehension.

    Extradition is a legal process between two countries that have a treaty in place, which is the case between the US and Italy. I'm not positive it's in the US-Italy agreement, but dual-criminality is a common clause in treaties - a similar law would have to exist in both countries.

    Using Amanda Knox as an example: If the trial occurred in the US and she was found not-guilty at any trial in the process, that would be the end of it. She could not be tried again.

  11. #7076

  12. #7077


    Quote Originally Posted by BBMW View Post
    Another issue. If she doesn't go back and fight , she could be convicted in abscentia. Even if the US doesn't extradite her, if she ever leaves the US, she could be extradited from wherever she goes, and not be able to fight the charges at that point.
    Would you choose to go back and face that kangaroo court; with the very real possibility of having the gavel dropped and being led off in handcuffs back to an Italian prison cell. I think not: so you restrict your foreign travel plans a bit - that is IMHO the wise choice.

  13. #7078


    I don't think she is going back, not based on the history of what has happened to her there. If they end up convicting her again, and they try to extradite her, that will be a whole other mess. I must say I am really surprised they decided to go there, especially because of the incredibly weak case against her, but we won't know the details of the ruling until the Italian Supreme Court issues their motivations report, explaining what they ruled and why exactly.

    To anyone who thinks this is not a big deal because she won't have to go back, there would still be the issue of being convicted of murder, not ever being able to travel to any EU country or any country that might extradite her to Italy, and also having to deal with ever more years of legal battles, and the expense and stress of that.

    As mentioned above, Raffaele Sollecito lives in Italy, so they could just come get him, unless he moves elsewhere. I have no idea what extradition issues would arrise from that. Hopefully, this will ultimately result in the truth being exposed and the two being acquitted again, but who knows?

  14. #7079


    You may be confusing this with interstate extradition.

    Sollecito is an Italian citizen. If he fled to another country, Italy could just demand his return, and unless he were granted asylum for some reason (pathological fear of clowns) or found another country, he would be deported back to Italy.

    Not so with Knox. Extraditions are handled between the State Department and its counterpart in the other country. Another country would have to deal directly with the US through diplomatic channels - or just deny that person a visa. The US has separate extradition treaties with EU countries, but I don't think there's one with the EU itself. And the issue - double jeopardy -doesn't involve a criminal statute; it's a guaranteed right under the Constitution (Fifth Amendment).

    Knox's lawyers already stated that she's not going to Italy, so she'll be tried in-absentia. Also the trial will probably not begin until 2014, and there's a good chance that either side will appeal again.

    Knox's book will be out this spring. Taking a sarcastic view (how can you not), the ruling is a boon for book sales. Publisher must be doing cartwheels.

    However, I'm sure they'll be stuff in the book that Mignini finds objectionable. So like Sollecito and his book, can Knox be again charged with defamation? Remember, there's still the other pending defamation case.

    Knox is 25, and Sollecito is 29. By the time this winds down, Rudy may be out of prison.

  15. #7080


    Mignini is correct to press charges for defamation.

    Sollecito in his book states that a Perugia lawyer told his uncle that he could get off with a reduced sentence if he did a secret deal with Mignini and stopped backing Amanda’s alibi*. A grave accusation. Mignini denies that they were ever offered such a deal.

    Not only did Mignini say that there was no such deal offered… so did Sollecito's father on live television, on Porta a Porta. Bruno Vespa even cited the page numbers where Raffaelle writes of the deal. Sollecito's father denies it ever happened.

    *The alibi which he initially said was false in his signed statement to the police.
    Last edited by Fabrizio; March 26th, 2013 at 09:02 PM.

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