Italy’s Highest Appeals Court to Decide Amanda Knox’s Fate

Status
Not open for further replies.
  • #321
Thanks to all of you for the articles and links. I was listening to CNN in my car. One legal expert said something about if AK conviction is upheld, she would have to appeal to the State Department, not the Justice Department and argue double jeopardy would apply.

I am confused. She was convicted, then was the conviction set aside? Or was she acquitted because of new evidence? Or was she freed because the conviction was appealed? Thank you for the clarification.

iiirc, she was freed while the conviction was appealed. Italy had no legal reason to hold her at that point.
 
  • #322
Looks like we've all read, processed drawn conclusions on the same evidence presented in this case.

yes and are CONVINCED their opinion is 100% correct.

must be nice.
 
  • #323
If it does come down to extridition, I would hope and pray that the state department does the moral and right thing. jmo
They will.
Mr Hammond was clear that the UK would expect the US to behave properly over the request, in keeping with international law.

"Sometimes the rules-based system delivers an outcome which you find inconvenient, and the test of our democracy and our commitment to the rule of law is that, when inconvenient things happen, we still comply with the rules.

"The British government does this all the time. We get court judgments that we don't like, but we don't try to dismiss the court judges, we accept the court's judgment. So we will always be arguing for compliance with the rule of law."
http://www.telegraph.co.uk/news/wor...eme-court-ruling-on-Kercher-verdict-live.html
 
  • #324
iiirc, she was freed while the conviction was appealed. Italy had no legal reason to hold her at that point.

In 2011 she was acquitted and released after the conviction was appealed.
 
  • #325
In 2011 she was acquitted and released after the conviction was appealed.

Then, the Prosecution got their final turn to appeal that again, and so now, we are at step four in the process: The Cassation court's ruling.
 
  • #326
  • #327
In 2011 she was acquitted and released after the conviction was appealed.

Were they expecting her to return voluntarily if the outcome was unfavourable to her?

Does her family have 'political connections' in the US, or am I confusing her with someone else?
 
  • #328
  • #329
In a way, this case seems similar to the Debra Milke case in that she was convicted, on appeal it was discovered that their may have been tainted evidence so she was released, then the state had the opportunity to retry her. But in Milke's case the state decided not to retry her.

I don't see how AK's case could be seen as double jeopardy when we do the same thing here.
 
  • #330
Were they expecting her to return voluntarily if the outcome was unfavourable to her?

Does her family have 'political connections' in the US, or am I confusing her with someone else?


:seeya:

- AK has adamantly stated she will NOT return to Italy.

- As to her family, they hired a Public Relations firm here in the U.S., who worked with the U.S. media ...

JMO but he who pays the piper calls the tune ... and that is why IMO, the U.S. has a very pro-Amanda stance -- and are very anti-Italy.

:moo: and :moo:
 
  • #331
This is good:

[video=youtube;-LaAM7ufOWk]https://www.youtube.com/watch?v=-LaAM7ufOWk[/video]

Published on Mar 13, 2014
Amanda Knox was innocent, according to retired FBI SSA Steve Moore, who points to DNA evidence, alleged murder weapons at Meredith Kercher's murder scene, and the interrogation that Knox underwent to back up his claim. Fellow retired FBI SSA Jim Clemente joins host Allison Hope Weiner to discuss the stream of information that points to the innocence of Amanda Knox, as well as the off kilter depiction of The Forgotten Killer, in this Crime Time.
 
  • #332
:seeya:

- AK has adamantly stated she will NOT return to Italy.

- As to her family, they hired a Public Relations firm here in the U.S., who worked with the U.S. media ...

JMO but he who pays the piper calls the tune ... and that is why IMO, the U.S. has a very pro-Amanda stance -- and are very anti-Italy.

:moo: and :moo:

:seeya: Thought as much! ;)

In the end, the piper will have to remember that the victim was British, not Italian!
 
  • #333
  • #334
From Andrea Vogt:

Andrea Vogt @andreavogt · 35s 35 seconds ago


Italy high court in recess for nearly 7 hours on #amandaknox case.

Will be doing dispatches from court here & on Fox News.
 
  • #335
it's 7: 13 italy time
 
  • #336
As I , as total lay person, have always understood the process in Italy to be:
there are 4 steps to the legal process of a case:
Step 1: Appellate court gets the case, where it is tried and judged. In this case the judgement was: guilty.
Step 2: The defense gets to do a formal appeal of the initial verdict.
Step 3: The Prosecution gets to then one more time appeal the defense's appeal.
Step 4: the Cassation court finally decides whether the Appellate Court's original decision ultimately stands.

Sort of the way it works I believe is..
The first instance trial happens- this was Massei where they were found guilty.

The defendants then get an automatic appeal-Hellmann who over turned the first instance verdict.

The prosecutors then get to take Hellmann's reprt to The Supreme- the SCC found Hellmann's motivation to be illogical and sent the trial back down to same appellate level as Hellmann but a new judge being Nencini.

Nencini agreed with the first instance verdict which is guilty, at this point Hellmann verdict is void.

Cue the SCC to now look at Nencinis motivation report and make sure he followed points of the law. Which is where we are today.
 
  • #337
What has the man convicted of Meredith's murder said? I would imagine his testimony would carry the most weight if the DNA evidence was botched. TIA
 
  • #338
I don't see the Italian courts backing down, admitting the truth or apologising, and only expect the worse. I do not expect Amanda to leave the USA either.

Maybe the Pope can intervene?
Pride and ego need to be removed from this case.
There are cases in the U.S. up against the same problem too but this case takes the cake imo.
 
  • #339
The consensus on double jeopardy appears to be that there is no consensus. ;)

http://www.wsj.com/video/does-amand...ion/BC6BA1BC-B41D-4D7F-928A-645106DA95AD.html

"Philip Hammond, the Foreign Secretary, was in Washington today and was asked whether Britain would feel an obligation on behalf of the family of Meredith Kercher, the British victim in the case, to put pressure on the US to meet any extradition request expeditiously.

Mr Hammond [British Secretary of State for Foreign and Commonwealth Affairs since 2014] was clear that the UK would expect the US to behave properly over the request, in keeping with international law.

"Sometimes the rules-based system delivers an outcome which you find inconvenient, and the test of our democracy and our commitment to the rule of law is that, when inconvenient things happen, we still comply with the rules.

"The British government does this all the time. We get court judgments that we don't like, but we don't try to dismiss the court judges, we accept the court's judgment. So we will always be arguing for compliance with the rule of law."

http://www.telegraph.co.uk/news/wor...eme-court-ruling-on-Kercher-verdict-live.html
 
  • #340
Status
Not open for further replies.

Staff online

Members online

Online statistics

Members online
136
Guests online
2,730
Total visitors
2,866

Forum statistics

Threads
632,566
Messages
18,628,443
Members
243,196
Latest member
turningstones
Back
Top