Italy court orders Amanda Knox retrial for Meredith Kercher murder


SLM
#1

Italy court orders Amanda Knox retrial for Meredith Kercher murder

Italy’s top court on Tuesday overturned the 2011 acquittal of American student Amanda Knox and her former boyfriend Raffaele Sollecito for the murder of Briton Meredith Kercher, and ordered a retrial.
The decision by the Court of Cassation is a new twist to a long-running case whose initial handling was sharply criticised by independent forensic experts.
Prosecutors accused Knox and Sollecito of killing Kercher in 2007 during a drug-fuelled sexual assault.
The two were initially found guilty and sentenced to 26 and 25 years in prison respectively after a trial that grabbed headlines all over the world.
In 2011, their convictions were overturned after forensic investigators challenged police scientific evidence, saying there had been multiple errors in the investigation. Knox and Sollecito were released after serving four years in prison.
A third person, Ivorian Rudy Guede, was found guilty and sentenced to 16 years in a separate trial. He is now the only person serving time for the murder, although prosecutors say he could not have killed Kercher by himself.


Last year, prosecutors filed a motion to appeal against the acquittals, calling the verdicts “contradictory and illogical”.
Italy’s top appeal court made the ruling on Tuesday after examining whether there were procedural irregularities which gave grounds for a retrial, rather than assessing the details of the case. Its reasons will be announced later.
The new trial will be held before a court in Florence.
Kercher, a student at Leeds University, was 21 when she died.
Knox returned to her Seattle-area home after she was released from prison in Italy and had been scheduled to speak publicly about the trial for the first time on American television in April, when her book about the case is due to be released.

Italy court orders Amanda Knox retrial for Meredith Kercher murder - World - Canoe.ca (external - login to view)

This is like the never ending story, crime and punishment version.
 
Tecumsehsbones
#2
How do we know Meredith Kercher didn't consent to her sexual assault and murder?
 
Walter
#3
There's a dog with a fluffy tail. I wonder what it's name is?
 
SLM
+1
#4
Quote: Originally Posted by TecumsehsbonesView Post

How do we know Meredith Kercher didn't consent to her sexual assault and murder?

Wow, really. Right out of the gate huh? Are you going to regale us in every thread with the exact same commentary?
 
Tecumsehsbones
#5
I suppose I could if you like.
 
SLM
+1
#6
Quote: Originally Posted by TecumsehsbonesView Post

I suppose I could if you like.

If you have more to say on that subject, my suggestion would be that you go back tothat thread and say them.

Otherwise feel free to continue on and we'll just see how it all plays out.
 
Tecumsehsbones
#7
Quote: Originally Posted by SLMView Post

If you have more to say on that subject, my suggestion would be that you go back tothat thread and say them.

A sound suggestion. I'll give it due consideration.

Quote:

Otherwise feel free to continue on and we'll just see how it all plays out.

Thank you kindly.
 
Kreskin
+3
#8  Top Rated Post
I didn't realize Italy had such a dumb legal system. If I were her I'd tell them to stuff their kangaroo court where the sun doesn't shine.
 
EagleSmack
#9
I doubt Miss Knox will be attending her retrial.
 
JaniceDavis
#10
Quote: Originally Posted by TecumsehsbonesView Post

How do we know Meredith Kercher didn't consent to her sexual assault and murder?

Perhaps you should rephrase your comment. I don't think anyone (anyone in their right mind anyway) would agree or consent to being sexually assaulted or murdered!
 
karrie
+1
#11
Quote: Originally Posted by JaniceDavisView Post

Perhaps you should rephrase your comment. I don't think anyone (anyone in their right mind anyway) would agree or consent to being sexually assaulted or murdered!

It was sarcasm, based on a different discussion recently had in a different thread. Don't think too poorly of him for it. Many posters here have a bad habit of carrying arguments from one thread to the next.
Welcome to Canadian Content
 
Tecumsehsbones
#12
Quote: Originally Posted by JaniceDavisView Post

Perhaps you should rephrase your comment. I don't think anyone (anyone in their right mind anyway) would agree or consent to being sexually assaulted or murdered!

Weeeelllll. . . if you consent, it ain't sexual assault, it's just sex.

Fun Fact of the Day: In common-law systems such as the UK, Canada, and the US (among others), you cannot consent to your own homicide. Which is where Dr. Kevorkian ran afoul of the law.
 
Timetrvlr
+1
#13
Apparently Italian law is even more convoluted than ours. This Telegraph article (external - login to view) answers a lot of the questions and raises a few more. My advise to Amanda: Do not return for the new trial!
 
EagleSmack
#14
The Italian Judicial System is stumbling all over themselves on this. It is preposterous to think they are going to extradite her.

Maybe they miss her at the jail?

 
#juan
#15
Quote: Originally Posted by WalterView Post

There's a dog with a fluffy tail. I wonder what it's name is?

"Fluffy" of course.
 
SLM
#16
Quote: Originally Posted by EagleSmackView Post

The Italian Judicial System is stumbling all over themselves on this. It is preposterous to think they are going to extradite her.

Maybe they miss her at the jail?

They'll try her in absentia, I'm sure. I really didn't follow that whole trial, I have no idea if she's guilty or not guilty, but I have come to the conclusion, pretty much just from this article alone, that the Italian legal system seems to be quite the farce.

Actually I do recall hearing some reports of her behaving "weird" when they were initially questioning her which is I'm sure what made them suspicious of her in the first place. But I will also never forget how many times I heard that same thing about Guy Paul Morin as well, and eventually he was proven innocent.
 
Tecumsehsbones
#17
Is anyone here familiar with the concept of "extradition?" Ms Knox doesn't really have a choice.
 
CDNBear
#18
Quote: Originally Posted by TecumsehsbonesView Post

How do we know Meredith Kercher didn't consent to her sexual assault and murder?

LOL, we call that trolling.

I highly suspect that you will cry loudly if you were to receive what it invites.
 
karrie
#19
Quote: Originally Posted by TecumsehsbonesView Post

Is anyone here familiar with the concept of "extradition?" Ms Knox doesn't really have a choice.

Does the US have an extradition treaty with them?
 
Tecumsehsbones
#20
Yep. TIAS 10837, entered into force 24 Sep 1984.
 
CDNBear
+2
#21
Quote: Originally Posted by karrieView Post

Does the US have an extradition treaty with them?

Yes.

But they'd still have to meet the threshold of the Grand Jury if she so challenged.

Quote: Originally Posted by TecumsehsbonesView Post

Is anyone here familiar with the concept of "extradition?" Ms Knox doesn't really have a choice.

You should brush up on extradition law.

It isn't that simple.
 
SLM
+2
#22
Because in the US it would be considered Double Jeopardy, they can refuse extradition on those grounds, can they not?
 
CDNBear
+1
#23
Quote: Originally Posted by SLMView Post

Because in the US it would be considered Double Jeopardy, they can refuse extradition on those grounds, can they not?

Possibly.

Given the absurdity that was her original trial, I'd bet a a lazy attorney could win an extradition hearing on any number of mistakes made by the Italians.
 
Tecumsehsbones
#24
Quote: Originally Posted by SLMView Post

Because in the US it would be considered Double Jeopardy, they can refuse extradition on those grounds, can they not?

This is an unusual case, but generally a retrial after an overturn on appeal isn't double jeopardy.
 
#juan
+1
#25
Quote: Originally Posted by karrieView Post

Does the US have an extradition treaty with them?

Yes but it is quite complicated. They have not yet determined if she is guilty or what her sentence might be but
I would recommend that she take a long holiday in somewhere likeThomson Manitoba for the next five years.
 
karrie
#26
Quote: Originally Posted by SLMView Post

Because in the US it would be considered Double Jeopardy, they can refuse extradition on those grounds, can they not?

Double Jeopardy only applies to legitimate acquittal, and they're saying that hers was not.
 
SLM
#27
They can apply for extradition, doesn't mean they'll get it. I can remember how long they held off extraditing Ng and for a long time it looked like they might not.
 
CDNBear
+1
#28
Quote: Originally Posted by TecumsehsbonesView Post

This is an unusual case, but generally a retrial after an overturn on appeal isn't double jeopardy.

This isn't an appeal.

Her conviction was quashed by evidentiary challenge.

The higher court over turned that ruling and ordered a retrial, without citing full reasoning.

I believe in the States, double jeopardy would have been applied.

Quote: Originally Posted by karrieView Post

Double Jeopardy only applies to legitimate acquittal, and they're saying that hers was not.

There is no double jeopardy rule in Italian law.

It may still be applicable to this case under US law, and may be the very reason they won't win extradition to Italy.

Quote: Originally Posted by SLMView Post

They can apply for extradition, doesn't mean they'll get it.

No, it doesn't. If evidence was forwarded that proved they were not guilty, you can bet that fact will be introduced at the extradition hearing.

I'll be surprised if she's extradited to Italy.
 
Blackleaf
#29
Quote: Originally Posted by TecumsehsbonesView Post

How do we know Meredith Kercher didn't consent to her sexual assault and murder?

It'd still be illegal.
 
taxslave
#30
This is sounding more like a witch hunt than a trial.
 

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