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Thread: Amanda Knox gets 26 Years

  1. #7081


    CNN report March 27, 2013


    "But Harvard Law Professor Alan Dershowitz said that Italian prosecutors might very well extradite Knox. And, if retried, she "likely will be found guilty -- because the evidence supporting a conviction is pretty strong."

    "He predicted that Knox would resist any extradition attempt. But even if she were to succeed in that, "she remains a prisoner in the United States, because Interpol will put a warrant out for her and, if she travels anywhere outside the United States, she'll be immediately arrested and turned over to Italy."

    "And the extradition treaty's reference to double jeopardy may not be binding in some cases, he said. "In the United States, generally, when you appeal a conviction, you waive your double jeopardy rights, and we permit retrials of people who have had their convictions reversed, at least on procedural grounds," he said."

  2. #7082


    What ever happened to "Frank Sfarzo"?

    Apparently he's in hiding.

    Some interesting reading here (click on the pdfs):

  3. #7083


    The Circus is Back

  4. #7084


    And Mignini's legal woes?

    "In recent months, Perugia Prosecutor Giuliano Mignini has been quietly winning a number of important victories in the Monster of Florence case. It wouldn’t matter at all for the Knox case, had the group lobbying for her innocence not latched onto the Monster of Florence link to paint him as a crazed power-hungry conspiracy theorist. But since Knox was acquitted, the oft-cited abuse-of-office charges (and the trial) against Mignini were nullified in Florence. The Italian blogger that the Committee to Protect Journalists accused Mignini of harassing is knee-deep in legal trouble of his own on alleged defamation and domestic-related charges. Mignini’s biggest critic, Mario Spezi, who aided the Knox innocence campaign, has also suffered several court convictions in various jurisdictions related to claims in the Monster of Florence case, about which he wrote a much-lauded bestseller with American thriller writer Douglas Preston.
    There was a major development in that case earlier this week, when a separate section of the Cassation court ruled that the decades- old Narducci case, which Mignini had been ridiculed for pursuing, be sensationally re-opened.
    The ruling gives new credence to Mignini’s much-maligned theory that there had been a body swap and cover up in the death of the Perugia doctor found in Lake Trasimeno and alleged to be involved in the Monster of Florence case.

  5. #7085


    Defamation??!! Jesus Christ.

    Still welcome back Fabrizio. I would be lying if I did not tell you that I didn't missed the wit and witicism. Of course if I were Zip, and had to referee this sh1t, I would probably feel differently. I can tell you my liver would be the worse for it. Nevertheless, I hope MTG follows suit, although my syphatheis for the Zipmieste would increase 10 fold.

    Having said as much, I really can't understand your postions on retryng the case, and especially on the defamation thing, God forbid you defend yourself in the Italian justice systems.

  6. #7086


    The Circus is this, along with Barbie, and Peter Q, and the assorted clowns of the Court.

    Dershowitz has always believed that Knox was guilty, and if you go through the CNN article, he comes across as someone with an ax to grind:
    and the American media focused much more on Amanda Knox than on the victim of the case because Amanda Knox was prettier and an American and an American sweetheart."

    Had she been ugly, he argued, the case would have attracted little attention.
    Yeah, the media certainly was Knox's friend during her trial, and her good looks really helped her acquittal. Amazing that this is still about Foxy Knoxy, even for a Harvard professor.

    At least Dershowitz noted that the original case was badly prosecuted, and that would be the douchebag Mignini, his rehab notwithstanding. Does anybody care about him anymore?

    eddhead: Settled in? Hope you're not thinking of becoming a White Sox fan.

  7. #7087


    Thanks for asking.

    We're not quite settled - we are in fact in a state of transition. I am in Minneapolis on business thru Friday while the little woman checks into a NY hotel and continues to work out of NYC for the remaining portion of the week. I fly back to LGA on Friday and she and I head out to LI for Easter and Mom's birthday over the weekend. We than, fly to Chicago on Monday and take root in temporary housing in Lincoln Park until we find permanent housing hopefully within 60 days. Hardly settled.

    One condition of moving - I need Direct TV to access YES, MSG, and the Sunday Game Day package for the Jets.

    Got it all thought out.

    And now we return to our original programming....
    Last edited by eddhead; March 27th, 2013 at 12:27 AM.

  8. #7088


    Quote Originally Posted by eddhead View Post
    Sunday Game Day package for the Jets.

    Got it all thought out.

    You sure?

  9. #7089
    Forum Veteran
    Join Date
    Feb 2008
    New York City


    Quote Originally Posted by Fabrizio View Post
    ""He predicted that Knox would resist any extradition attempt. But even if she were to succeed in that, "she remains a prisoner in the United States, because Interpol will put a warrant out for her and, if she travels anywhere outside the United States, she'll be immediately arrested and turned over to Italy."
    This is assuming a guilty verdict. Luckily for Amanda, the United States is nice, big country where she can surely find a place to live happily ever after without ever leaving the country again.

    Who is going to handle her defense in the re-trial? I would assume it'll be some sort of pro-bono team who wants publicity because I can't imagine Knox wanting to spend another penny on this. I also wonder if she can have any sort of fair trial in absentia

  10. #7090


    Quote Originally Posted by eddhead View Post
    Absoltutely insane. Does anything EVER get settled in Italy. What a looney bin.
    Well, gee eddhead... maybe in a few years Knox will catch up to David Camm.

  11. #7091


    Quote Originally Posted by IrishInNYC View Post

    You sure?
    Good point. At least I have the Yankees to look foward to.

    @ Fab - I don't know much about the Camm trail, but the difference seems to be that he keeps being found guilty, or no verdict is reached, and given additional chances. In the this case, they were found not guilty and re-tried.

    When does it end? Is there a point in time where the verdict becomes final, or does the state have the right to persecute this poor woman until the end of days?

    Also, heaven forbid you defend yourself in an Italian court, and risk a slander claim. I am sorry you feel this is an attack on Italy that must ve defended, but it really is insane.
    Last edited by eddhead; March 27th, 2013 at 06:25 PM.

  12. #7092


    Uh..."he keeps being found guilty". That's interesting. Could you explain how that works?

  13. #7093


    We're back to this again.

    When you're convicted of a crime, you have legal recourse until your appeals are exhausted.

    When you're found not-guilty, that's the end of it.

    On a parallel note, a judge can nullify a jury verdict when the jury finds the defendant guilty. However, he cannot do the same when the jury finds the defendant not-guilty

  14. #7094


    Quote Originally Posted by eddhead View Post
    When does it end? Is there a point in time where the verdict becomes final, or does the state have the right to persecute this poor woman until the end of days?
    Study up on Italy's three-stage judicial process: the original trial, appeal, appeal to Supreme Court.

  15. #7095


    From the HuffingtonPost (Reuters)

    Amanda Knox Extradition? Italy Case Could Pit Treaty Against U.S. Constitution To Extradite


    "NEW YORK, March 26 (Reuters) - The possibility that American Amanda Knox could be convicted of murder and extradited to Italy for punishment could force U.S. courts to enter legal territory that is largely uncharted, legal experts said.

    Italy's top court on Tuesday ordered the retrial of Knox, 25, for the 2007 murder of British student Meredith Kercher.

    The move potentially pits a U.S. constitutional ban on double jeopardy, or being tried twice for the same offense after an acquittal, against international extradition agreements, experts said.

    The issue hinges on whether a lower court decision overturning her conviction amounted to an acquittal, they said."

    The legal question would be whether Knox was acquitted, as U.S. courts would define the term, or whether the case was merely reversed and still open for further appeal, said criminal lawyer and Harvard Law Professor Alan Dershowitz.

    "It's very complicated, and there's no clear answer. It's in the range of unpredictable," Dershowitz said.

    Much of the complication stems from the differences between the Italian and U.S. legal systems. In the United States, if a defendant is acquitted, the case cannot be retried.

    In Italy, prosecutors and lawyers for interested parties, such as Kercher's family, can file an appeal. Unlike American courts of appeal, which only consider legal errors in the courts below, Italian courts of appeal, which are comprised of both judges and jurors, can reconsider the facts of a case.

    Depending on the Italian high court's reason for overturning Knox's acquittal, it is possible that the court of appeals could consider new evidence that's introduced, said Dalla Vedova. As a result, a defendant can effectively be retried in the course of one case in Italy.

    Dalla Vedova* said the high court's decision does not raise a double jeopardy problem because the retrial would not be a new case but rather a continuation of the same case on appeal.

    Other defendants who have been acquitted in other countries and then convicted on appeal have attempted to raise the double jeopardy principle to avoid extradition, without much success, said Mary Fan, a law professor at the University of Washington who specializes in cross-border criminal law.

    The text of the treaty prevents extradition if the person has already been convicted or acquitted of the same offense by the "requested" country, which would be the United States in Knox's case because Italy would be requesting extradition from the United States. Because Knox was never prosecuted or acquitted for homicide in the United States, the treaty's double-jeopardy provision would not prevent Knox's extradition, said Fan.

    While the issue is rare in the United States, several courts have rejected the double jeopardy argument in similar cases. In 2010, a federal court in California found that a man who was acquitted of murder in Mexico and later convicted after prosecutors appealed the acquittal, could not claim double jeopardy to avoid extradition to Mexico. That court cited a 1974 decision from the 2nd U.S. Circuit Court of Appeals in New York, that reached the same conclusion with respect to Canadian law, which also allows the government to appeal an acquittal.

    * Knox's lawyer.

    Full article:

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