Tuesday, March 26, 2013

Italy's Highest Court Rules Against Amanda Knox


Was this why she was in such a hurry to sell her story?  4 million in advance!
Will America allow her to be extradited to face trial in Italy?

Amanda Knox said the decision is "unfounded"; perhaps if there is more to base it upon, it can become "founded."


Italy's highest court has ruled that Amanda Knox should be retried over the 2007 killing of her British flatmate Meredith Kercher in Perugia.
Knox, 25, and her ex-boyfriend Raffaele Sollecito, 29, spent four years in jail, but were freed on appeal in 2011 largely on the grounds DNA evidence was flawed.
On hearing the news today Knox admitted it was 'painful' to receive the decision, but said she was 'confident in the truth.' 
Knox returned to the U.S. after she was freed in 2011 and she now lives in Seattle - a retrial is likely to take place in absentia, as the U.S. is unlikely to extradite her. 
Retrial:
Retrial: Amanda Knox holds hands with her boyfriend James Terrano in downtown Seattle on Sunday. Today she spoken of her anguish after Italy's highest criminal court overturned her acquittal for the murder of British student Meredith Kercher
Knox
British university student Meredith Kercher
Grim: The body of Miss Kercher, right, from Coulsdon, Surrey, was found in November 2007 in her bedroom at the house she shared with Knox, left, and other roommates in Perugia, 
After six hours of deliberations yesterday, this morning the Court of Cassation in Rome ruled that an appeals court in Florence must re-hear the case against the American as well as her Italian ex-boyfriend Raffaele Sollecito.
Prosecutors argued that despite the appellate decision, they still believe Knox and her former boyfriend, Raffaele Sollecito, are responsible for the death.
Raffaele Sollecito, pictured in 2009
Decison: Raffaele Sollecito, pictured in 2009, also faces a retrial
'We are still convinced that they are the co-authors of Meredith's homicide,' Perugia prosecutor Giovanni Galati said, according to the Italian news agency ANSA.
In a statement, Miss Knox said: 'It was painful to receive the news that the Italian Supreme Court decided to send my case back for revision when the prosecution's theory of my involvement in Meredith's murder has been repeatedly revealed to be completely unfounded and unfair."
She added: 'No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity.'
The body of Miss Kercher, from Coulsdon, Surrey, was found in November 2007 in her bedroom at the house she shared with Knox and other roommates in Perugia, an Italian university town where the two women were exchange students.
Her throat had been slashed.
Prosecutors alleged that the Leeds University student was the victim of a drug-fuelled sex game gone awry.
Knox and Sollecito denied wrongdoing, but were convicted of Miss Kercher's murder in December 2009 and sentenced to 26 and 25 years respectively after a trial that grabbed headlines all over the world.
They were cleared in October 2011 after a fresh hearing uncovered a bungled police investigation. 
Stephanie Kercher, Meredith's sister, said there were still 'unanswered questions' over her sister's death
Stephanie Kercher, Meredith's sister, said there were still 'unanswered questions' over her sister's death

FIVE YEARS OF SCRUTINY: TIMELINE OF EVENTS 

 1 October 2007: Kercher is killed at her apartment in Perugia. Her throat has been slashed. Police find her a day later. Tests show evidence of sexual activity before death
6 November 2007: Knox is arrested, along with Sollecito and Congolese national Patrick Diya Lumumba. They are held on suspicion of conspiracy to commit manslaughter and sexual violence.
20 November 2007: Rudy Guede detained in Germany and extradited to Italy. Mr Lumumba released without charge
28 October 2008: Guede sentenced to 16 years in prison. A judge rules Sollecito and Knox will face a murder trial
4 December 2009: Knox and Sollecito found guilty of murder and sexual violence, and jailed for 26 and 25 years
3 October 2011: Knox and Sollecito acquitted
26 March 2013: Re-run of appeals ordered. Acquittals overturned
Defence lawyers and experts revealed how evidence had been contaminated or poorly handled by forensic teams and that the conviction should be considered unsafe.
The appeals court noted that the murder weapon was never found, said that DNA tests were faulty and added that Knox and Sollecito had no motive to kill Kercher. 
But yesterday prosecutors appealed against that ruling and argued that the acquittals were 'contradictory and illogical.'
An Ivory Coast man, Rudy Guede, was convicted of the murder in a separate hearing and is serving a 16-year sentence.
Today Meredith Kercher's said the family had 'lots of unanswered questions' after Italy's highest court ruled she should be retried. 
Speaking at her family's home in Coulsdon, Surrey, Stephanie Kercher, 29, said she had just heard the news on TV.
She said: 'I've got no reaction in particular at the moment. I'm trying to find out what it means.
'I need to talk to our lawyer in Italy to get more information. We don't know the exact reasoning behind this decision. There are lots of unanswered questions.
'You're welcome to ask me later once I've spoken to our lawyer.'
Amanda Knox and Raffaele Sollecito were seen kissing in the wake of the murder
Amanda Knox and Raffaele Sollecito were seen kissing in the wake of the murder
In today's ruling a panel of judges had to rule whether the Italian legal code was applied correctly and fairly in both trials.
If the case had been closed, they could have applied for compensation for unlawful imprisonment.
The hearing, held behind closed doors, only considered paperwork and legal documents with no new witnesses giving evidence.
Knox and Sollecito have both maintained their innocence, though they said that smoking marijuana the night Miss Kercher was killed had clouded their recollections.
Their behaviour in the days following the death, including being pictured kissing, raised suspicion.
Knox is due to be interviewed by ABC next month over her upcoming memoir
Knox is due to be interviewed by ABC next month over her upcoming memoir
Prosecutors have alleged that Kercher was the victim of a drug-fuelled sexual assault.
A young drifter from Ivory Coast, Rudy Guede, was convicted of the slaying in separate proceedings and is serving a 16-year sentence. Ms Kercher's family have resisted theories that Guede acted alone.
The lawyer for the Kercher family, Francesco Maresca, was at the court today, as was Sollecito's father.
The court is also hearing Knox's appeal against a slander conviction for having accused Patrick Lumumba, a local pub owner, of carrying out the killing. He was held for two weeks based on her allegations.
Knox has written a book about her imprisonment and is due to give an interview to Diane Sawyer for American TV station ABC next month ahead of its release.
Publisher HarperCollins paid a $4million advance for the memoirs
Sollecito has also written a book and has already given an interview on Italian TV about the case.
He told interviewers that he and Knox were no longer a couple but they were still in touch. 
He visited her in the United States at the end of last year and they speak on Skype regularly.
Sollecito resumed his studies in Verona and his father Francesco told reporters: 'He is calm and serene even if we are all in a state of apprehension.'
During the investigation and trial, prosecutors said Knox was highly sexual and had manipulated Sollecito but her lawyers dismissed the theory.



Read more: http://www.dailymail.co.uk/news/article-2299252/Amanda-Knox-WILL-face-retrial-murder-British-student-Meredith-Kercher.html#ixzz2Oe0kSdQ8
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21 comments:

MizzMarple said...

THANK YOU, Peter for this update !

Your Statement Analyses on Knox's statement and e-mails are the first 2 documents I ever read in this case ... and from then on, I followed this case.

This is FANTASTIC NEWS !

And this is FANTASTIC NEWS for Meredith Kercher, and Meredith's Family !

I hope they get the answers they deserve after all of these years !

MizzMarple said...

I am so excited I am speechless and don't what to comment on ... lol !

Knox's $4,000,000 book deal should be "down the drain" now ! Also, the publisher may not want to risk publication due to the fact that Sollecito is under investigation in Italty for his book, which book was a flop !

NO murderer should PROFIT off the death of their victim, so I hope Knox's book deal gets "canned" immediately !

She knew the appellate court's decision was pending before the Supreme Court in Italy, but continued her efforts to PROFIT off of the death of her victim.

The U.S. does have an extradition treaty with Italy -- so we will see HOW the State Department handles this. Hillary Clinton was Secretary of State during the time Knox was in jail in Italy, and the "Friends of Amanda" were continuously petitioning Senators and Clinton to get involved ... but Clinton did NOT intervene -- so I hope the new Secretary of State of the US leaves it alone as well !

It's a HAPPY DAY for Meredith and her Family ... may she Rest In Peace !

Nic said...

She added: 'No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity.'

Thanks for the update. So far I was only able to skim but this jumped out at me.

She doesn't say she didn't do it. Also, she is the one being accused, yet she bundles her family in with "the truth" which weakens "the truth". Finally, she puts them ahead of herself which distances her from "the truth" in this statement, like she is hiding behind them. That they are her shield.

jmo

john said...

Statement issued by Amanda Knox

THE ASSOCIATED PRESS
ROME
Here is the statement issued by Amanda Knox after Italy's highest criminal court overturned her acquittal in the slaying of her British roommate Meredith Kercher. The statement was issued Tuesday by Knox family spokesman David Marriott.

"It was painful to receive the news that the Italian Supreme Court decided to send my case back for revision when the prosecution's theory of my involvement in Meredith's murder has been repeatedly revealed to be completely unfounded and unfair. I believe that any questions as to my innocence must be examined by an objective investigation and a capable prosecution. The prosecution responsible for the many discrepancies in their work must be made to answer for them, for Raffaele's sake, my sake, and most especially for the sake of Meredith's family. Our hearts go out to them. No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity.

Read more here: http://www.miamiherald.com/2013/03/26/3307104/text-of-statement-issued-by-amanda.html#storylink=cpy

Ney said...

Even if they find them guilty again, it is not sure she will have to be extradited to Italy.

If they are found guilty during the new trial, Raffael will face long prison time again. I wonder if he is thinking about some sort of a plea deal now. If it gets serious enough for him, he might just be ready to tell what he knows. Of course that still depends on how big or small his part was in the murder.

Ney said...

"I believe that any questions as to my innocence must be examined by ..."
John it is intersting she leaves room for more examining...
She herself thinks her innocence should be further examined, just not by the same people. Interesting.

equinox said...

Great news. Really great news. Really, really, extremely great news! (Adding a dash of hyperbole and sensitivity.. just because.. )

Be careful analysing Amanda's statement issued here tho. She still has the Merriott PR team by the hook and now she is publicizing a book as well. It is very unlikely she wrote those words.

Remember the M.A.S.H episode where Hawkeye gets caught because he reuses the line "shiny beads and shallow flattery"? The final line of this statement reminds me of that for some reason. Very scripted. Yah, "painful", thats it. Sure!!

john said...

Hi Ney,

What is glaringly obvious especially for SA perposes,is she doesn't make a reliable denial..

BostonLady said...

In a statement, Miss Knox said: 'It was painful to receive the news that the Italian Supreme Court decided to send my case back for revision when the prosecution's theory of my involvement in Meredith's murder has been repeatedly revealed to be completely unfounded and unfair."
She added: 'No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity.'

******

Like Nic above, this statement reveals quite a bit but Amanda never states "I did not do it".

When Amanda states it is "unfounded and unfair", to me it seems she is saying "They don't have enough evidence to convict me". It is not saying "This is wrong, I didn't do it, I had nothing to do with my friend's murder" etc.

So even now, through a spokesperson, she still cannot state she did not do this. Speaks volumes!

Jeff said...

It sickens me that yet another young, self-absorbed criminal is rewarded with fame and $$$ for committing murder. Is it any wonder we see more and more of this occurring in society today? Criminals are rewarded while their victims are punished. As with Casey Anthony and Jodi Arias, I sincerely hope Amanda Knox eventually gets the punishment she deserves, whether through a legal system or at the hands of another criminal.

john said...

I don't know if the change of pronouns is relevent here.

She go's from "I" to "MY" to "OUR" to "I" again, then "MY" and then "WE"..

Hobnob said...

I cheered when i heard the news they had overturned the aquital.

It is going to get interesting now.

if she got a $4 mill advance based on her being innocent, now she is facing retrial will the money be placed off limits until a final verdict is in?
Will they demand return of the money until the final verdict is in?
When found guilty will they demand the return of the money plus interest?

Given her parents and grandparents almost bankrupted themselves paying for her attornies and PR has she paid them back yet or did she keep all the money?

If she has access to the money will it be used to pay for what will be highly expensive lawyers both for the trial and if a guilty verdict extradition lawyers?

If the latter and she hasn't repaid her family, will her family happily stay penniless or will they try and recoup some of their costs by suing her?

When found guilty will Italy try and extradite her, will the US allow her to be extradited (they can't claim double jeopardy since in Italy their justice works on a 3 court system) or will they try and have her serve her sentence in the States allowing her family to visit her.

Since knox and sollecito are no longer togeather there is nothing to stop them rolling on the other, will there be plea deals i wonder?

Missy said...

I find it interesting that she uses the words "my involvement".

"...when the prosecution's theory of my involvement in Meredith's murder..."

The words "prosections theory" in front of "my involvement in Meredith's murder" might mitigate with words some, as she is speaking of what someone else thinks. Still, she is able to say it.

Hobnob said...

off topic BBM


SAVANNAH, Ga. – Police investigating the fatal shooting of a baby in coastal Georgia have arrested the mother and aunt of a teenage suspect on charges that they lied to authorities.

Glynn County jail records show 36-year-old Karimah Elkins and 33-year-old Katrina Elkins were booked Tuesday on charges of making false statements to police.

Karimah Elkins is the mother of 17-year-old De'Marquise Elkins, who is charged with murder in the Thursday killing of 13-month-old Antonio Santiago in Brunswick.

Katrina Elkins is the suspect's aunt. She told The Associated Press and other media on Saturday that her nephew couldn't have killed the child because he was at her house having breakfast.

The baby's mother, Sherry West, identified De'Marquise Elkins in a police photo lineup as her son's killer. Fifteen-year-old Dominique Lang is also charged.



Read more: http://www.foxnews.com/us/2013/03/26/mom-aunt-teen-suspect-in-ga-baby-slaying-arrested-on-charges-lying-to-police/#ixzz2Of8fUVJ2

john said...

The plot thickens Hobs..

violet said...

YES!

RIP Meredith Kercher.

Justice, sweet, justice.

Anonymous said...

I think it is very strange how she is dressed in the picture taken on Sunday. She looks like she is trying to look about 12-13 years old with her school girl jacket and braids. She is 25. That is very strange I think.

~ABC said...

Wouldn't the US consider this double jeopardy? And it wouldn't extradite under conditions that would not be recognized by this country? In the US you cannot be prosecuted twice for the same crime. Even if the original conviction is overturned. If this is not an accurate understanding someone please get me straight! :)

Anonymous said...

Due to the strong military ties the US has with Italy: where the most strategically placed military bases in all of Europe exist (costing billions per year)I would imagine the US will honor the extradition treaty they have with Italy. A treaty would be to uphold each countries laws, not for the US to incorporate their own laws and expect Italy to just "understand" that we don't support double jeopardy. They will not want a public stint like this to be the cause of a falling out. There are a lot more politics between the U.S., Italy and most of Europe than we hear about. Having said that I believe they will honor Italy's request as we have too much at stake in other areas of public relations.

Anonymous said...

So is Knox craving reasonable adversity?

--Chris

Anonymous said...

Concerning the double jeopardy argument that is making the rounds:

"...under US law, an appeal that overturns a lower court conviction is not an acquittal for purposes of the Fifth Amendment. That is basically what happened here. Knox was convicted, then her conviction was overturned on appeal, and then the appellate court judgment was reversed, and a new trial ordered (albeit at the appellate level). This is not double jeopardy, either under Italian law or US law."

See:
http://opiniojuris.org/2013/03/29/lots-of-media-coverage-of-amanda-knox-but-almost-no-one-has-bothered-reading-the-u-s-italy-extradition-treaty/

--Chris