Amanda Knox tried for the murder of Meredith Kercher in Italy *NEW TRIAL*#14

[STEADFAST]

I would agree with that. The verdict was appealed by Knox and Sollecito and that appeal has now been heard. Any objections they had regarding the verdict were addressed in the appeal.

The Judge will issue a summary report in 90 days. The lawyers will pick through it, looking to object to something, but this Judge seems very solid and I don't think his reasoning, logic and report will fall apart.

The Supreme Court will hear the request for another appeal, and will then most likely confirm the verdicts.

Their appeal was heard and ruled on in 2011, not now, and the court found them not guilty.

That finding was then reviewed by the supreme court which ruled early in 2013 that the appeal verdict of not guilty was very flawed and re-instated the original guilty verdict.

In June of 2013, they made their reasoning public

“The reasoning behind the acquittal contains shortcomings, contradictions and inconsistencies,” they wrote. “Too many questions remain unanswered.”
The high-court judges believe, according to the evidence presented in the appeal, that the defense teams for Knox and Sollecito did not prove that their clients were not part of the murder, and they certainly did not prove that Guede acted alone. http://www.thedailybeast.com/articl...-they-overturned-amanda-knox-s-acquittal.html

So then there was another trial, ending today, to answer those "unanswered" questions and give Knox and Sollecito an opportunity to prove their innocence, and at the same time give the prosecutors the opportunity to introduce new evidence and offer a new theory of the crime.

I call that a retrial and an instance of double jeopardy.

 

[Vinny]

YOu mean use all their legal options?

Yes those legal options which many Knox supporters call double jeopardy. :floorlaugh:

 

[sherlockh]

Great news. No Nonsense Nencini. Justice for Meredith Kercher.

 

[Amber29]

It was great to be able to actually hear the complete interview. I read something earlier that seemed totally contradictory to what they actually said.

Thanks!

I do totally appreciate this interview as well. The poor Kerchers, I feel so terrible for what they have gone through and will continue through a couple more years.

RIP Meredith Kercher.

 

[I Must Break You]

The bra clasp that was found 6 weeks after the crime and reported by a neighbor? Come on.

"They also testified that they found Sollecito's DNA on Kercher's bra clasp. Sollecito and Knox's defenders dispute the quality of this evidence, suggesting it resulted either from the sort of contamination bound to happen when people share close quarters or from police misconduct, since the clasp was discovered weeks after the discovery of the body and the initial investigation."

http://www.crimelibrary.com/notorious_murders/young/amanda_knox_trial_update/3.html


This is a stinking case. Not one with merit and justice. Not one clean of contamination.

Why does it matter that it was collected 6 weeks later? The scene was closed and maintained during that time. And why is this piece of evidence called into question when the items collected at the same time that had RGs DNA on them not called into question?

As for contamination... who contaminated it? DNA just doesn't appear on things. Unless RS had a reason to be handling MKs bra it's virtually impossible his DNA would get there just by visiting the cottage a couple of times. As for police or forensic people purposefully contaminating it, ridiculous. I used to be a cop, there is no human on earth I hate enough that I would risk my job and freedom to frame. (yes it does happen, but it's so rare as to be irrelevant). As for an accidental contamination, well where did the large quantity of RSs DNA come from to accidentally contaminate it? The only other bit of RSs DNA found in the cottage was an extremely small amount found on a cigarette butt found in another room... so tiny amount in one room doesn't make a solid amount in another room. The main arguement by the defense as to why it may be contaminated was that "anything is possible". Yes seriously... that's their contamination theory, "anything is possible".

 

[otto]

Jane Valez Mitchell is yelling all sorts of things. She thinks that the prosecutor is a crazyy satanic follower that was convicted for persecution. I wonder where she got those funny ideas from. I think that Crini will think the talking heads are nuts.

BBC news coverage is much more balanced.

 

[animlzrule]

Isn't the US bailing out Amanda if they refuse to honor the extradition treaty with Italy? From what I've read around the net, AK does not have a majority of public opinion on her side. IMO, that will be more obvious now that the guilty verdict is upheld.

No, I don't believe so. I don't believe the U.S. would ever extradite her based on the farcical prosecutorial procedures employed in the trial and the dubious machinations of the Italian justice system. And from what I've seen on the net, public opinion is overwhelmingly in her favor. There's no political favor to be gained in sending her back, and I don't believe our justice officials wish to legitimize what has been done in the Italian court system in regards to this case. The results of this verdict have very low stakes, it would appear, to anyone but Sollecito. I don't believe Amanda Knox is going anywhere, nor should she at this point. I just hope that after all of this she has grown up a bit and goes on to live a life in obscurity.

 

[otto]

Their appeal was heard and ruled on in 2011, not now, and the court found them not guilty.

That finding was then reviewed by the supreme court which ruled early in 2013 that the appeal verdict of not guilty was very flawed and re-instated the original guilty verdict.

In June of 2013, they made their reasoning public So then there was another trial, ending today, to answer those "unanswered" questions and give Knox and Sollecito an opportunity to prove their innocence, and at the same time give the prosecutors the opportunity to introduce new evidence and offer a new theory of the crime.

I call that a retrial and an instance of double jeopardy.

There is no such thing as double jeopardy in Italy. Is the idea that US law should be adopted throughout the world?

 

[otto]

No, I don't believe so. I don't believe the U.S. would ever extradite her based on the farcical prosecutorial procedures employed in the trial and the dubious machinations of the Italian justice system. And from what I've seen on the net, public opinion is overwhelmingly in her favor. There's no political favor to be gained in sending her back, and I don't believe our justice officials wish to legitimize what has been done in the Italian court system in regards to this case. The results of this verdict have very low stakes, it would appear, to anyone but Sollecito. I don't believe Amanda Knox is going anywhere, nor should she at this point. I just hope that after all of this she has grown up a bit and goes on to live a life in obscurity.

Is the US going to violate treaties? Should people from the US be allowed to commit murder in foreign countries and then run back to the US and carry on as though nothing happened?

 

[I Must Break You]

There is no such thing as double jeopardy in Italy. Is the idea that US law should be adopted throughout the world?

I'm not sure why so many people cannot wrap their head around that this is not double jeopardy. Italy has a different legal system as America, that's their system and we have to respect that, just as they would have to respect ours. As for the wishful thinking of some that America would fight her extradition back to Italy... that's just a silly pipe dream, sorry. If Italy asks for her to be extradited... she will be extradited. Read somewhere today that America has never refused and extradition to Italy, I don't see how AK would merit special consideration.

 

[Amber29]

The bra clasp that was found 6 weeks after the crime and reported by a neighbor? Come on.

"They also testified that they found Sollecito's DNA on Kercher's bra clasp. Sollecito and Knox's defenders dispute the quality of this evidence, suggesting it resulted either from the sort of contamination bound to happen when people share close quarters or from police misconduct, since the clasp was discovered weeks after the discovery of the body and the initial investigation."

http://www.crimelibrary.com/notorious_murders/young/amanda_knox_trial_update/3.html


This is a stinking case. Not one with merit and justice. Not one clean of contamination.

What is this reported by a neighbor? The bra clasp was left in the sealed crime scene for 46 days. As was Merediths blue hoodie she was wearing the day of her murder and the purse on the bed both with RGs DNA was also left that time period. Yet his DNA "all over" stands while we should throw out RSs.

 

[otto]

I'm not sure why so many people cannot wrap their head around that this is not double jeopardy. Italy has a different legal system as America, that's their system and we have to respect that, just as they would have to respect ours. As for the wishful thinking of some that America would fight her extradition back to Italy... that's just a silly pipe dream, sorry. If Italy asks for her to be extradited... she will be extradited. Read somewhere today that America has never refused and extradition to Italy, I don't see how AK would merit special consideration.

I think that everyone understands perfectly well that the appeal was annulled, so it had to be repeated. The appeal confirmed the original verdicts. I think everyone understands that this decision could also be annulled, depending on the reasoning and logic. It's just that the only thing left to complain about, other than crazy satanic Prosecutor Crini, is that US law is not being practiced in Italy.

 

[katydid23]

If criminals want US law to apply, they should commit their murders in the US.

Canada and Mexico will not extradite suspects if they are facing the Death Penalty because their own laws prohibit the DP. So isn't it a similar thing, to not extradite her because our country does not accept double jeopardy?

 

[sherlockh]

There is no such thing as double jeopardy in Italy. Is the idea that US law should be adopted throughout the world?

I think Italy has double jeopardy also, but the trial needs to be completely finalized and that hasn't happened yet. I can't imagine Italy won't request extradition for a murderer, and I don't see why the US would want to keep one. It will all take awhile though. One year probably before the Supreme Court finalizes this verdict.

 

[otto]

Canada and Mexico will not extradite suspects if they are facing the Death Penalty because their own laws prohibit the DP. So isn't it a similar thing, to not extradite her because our country does not accept double jeopardy?

Canada and Mexico will extradite suspects after the US guarantees that the death penalty is off the table. That is part of the treaties. The extradition treaty between the US and Italy does not stipulate that US law must be applied in Italy before a verdict will be respected.

 

[dog.gone.cute]

I'm not sure why so many people cannot wrap their head around that this is not double jeopardy. Italy has a different legal system as America, that's their system and we have to respect that, just as they would have to respect ours. As for the wishful thinking of some that America would fight her extradition back to Italy... that's just a silly pipe dream, sorry. If Italy asks for her to be extradited... she will be extradited. Read somewhere today that America has never refused and extradition to Italy, I don't see how AK would merit special consideration.

:seeya: Good points !

RBBM: JMO, but it is because maybe they do not want to ... In other words, an opinion has been formed that Knox is "innocent" and are unhappy with today's verdict, therefore, it must be "double jeopardy" ...

Another point I just thought of ... fwiw ... on the difference in the court systems:

Italy's Appellate Courts have a "Jury," which Jury includes I think it's 2 Judges, which hears Appeals ... so you have Judges and "lay people" ...

In the U.S., Appellate Courts have only Judges that hears Appeals ... there is NO Jury at the Appellate Court level here in the U.S.

And most importantly, the DEFENDANT gets to address the Appellate Court in Italy -- the defendant gets to be heard. But this is NOT so in a U.S. Appellate Court ... your attorney gets "oral argument" -- not you, as a defendant.

Confusing ? Maybe ... But considering the differences, which court would you choose IF you were a defendant ?

:moo:

 

[otto]

I think Italy has double jeopardy also, but the trial needs to be completely finalized and that hasn't happened yet. I can't imagine Italy won't request extradition for a murderer, and I don't see why the US would want to keep one. It will all take awhile though. One year probably before the Supreme Court finalizes this verdict.

Thanks. Does that mean that in Italy, after the Supreme Court rules, the prosecution cannot start the process over at the beginning? That makes sense.

Knox will most likely be extradited. Until then, she cannot leave the US because no country allows convicted murderers to visit.

 

[animlzrule]

Is the US going to violate treaties? Should people from the US be allowed to commit murder in foreign countries and then run back to the US and carry on as though nothing happened?

No, of course not. I don't believe that in THIS case that the U.S. is going to hand over a citizen based on a dubious verdict stemming from a spurious prosecution. This was an obviously terribly mishandled murder case. I believe the U.S. courts have a higher prosecutorial and evidentiary standard than what the Italians have illustrated. There is no hard, fast, indisputable evidence proving Knox murdered Meredith Kercher. I believe the U.S. will respectfully decline to extradite her, unless the Italian courts can shore up their case, fill in the holes, and provide some hard proof of guilt. They haven't been able to do that thus far. Extradition is a big deal, and in this case, I believe the Italians have failed to achieve the threshold of evidence that would prompt or support an extradition.

 

[Madeleine74]

The fact they were expected/required to prove their innocence is a major difference in systems. IMHO it should always be required for a state (or country) to prove guilt. But that's their system.

 

[Amber29]

Thanks. Does that mean that in Italy, after the Supreme Court rules, the prosecution cannot start the process over at the beginning? That makes sense.

Knox will most likely be extradited. Until then, she cannot leave the US because no country allows convicted murderers to visit.

Yes that's how their form of double jeopardy works. Lets say had they been acquitted, appeals exhausted and Supreme Court confirmed their acquittal. At that point double jeopardy would apply and they couldn't be retried. IIUC

Obviously Italy's laws differ from ours, as do many countries. I agree it's no reason to not extradite and will be shocked if the US does not comply.