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alp227

(32,005 posts)
Tue Mar 26, 2013, 02:03 AM Mar 2013

Italian judges postpone ruling on reopening Meredith Kercher case (reviewing Amanda Knox acquittal)

Source: The Guardian

Judges for Italy's highest appeals court have said they need more time to decide whether to uphold or quash the acquittals of Amanda Knox and Raffaele Sollecito for the murder of British student Meredith Kercher, postponing a ruling until Tuesday.

The court of cassation in Rome had been expected to announce its decision on a prosecution application on Monday, thereby either definitively clearing Seattle-based Knox and her Italian ex-boyfriend or confronting the pair with the prospect of a fresh trial.

But, in a sign of the complexity of the long-running case, the court said on Monday night that it would deliver its ruling on Tuesday at 10am local time. Prosecutor general Luigi Riello said that while the court usually gave same-day rulings, it sometimes chose to take more time "in very complex cases".

Earlier in the day, the court had heard six hours of arguments from both prosecutors arguing for the case against the American and Italian to be reopened and their defence lawyers insisting that the pair had been rightly cleared by the acquittals in Perugia in late 2011.

Read more: http://www.guardian.co.uk/world/2013/mar/25/meredith-kercher-knox-reopen-case

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pnwmom

(108,955 posts)
2. She's already been acquitted so in our system this would be double jeopardy.
Tue Mar 26, 2013, 02:18 AM
Mar 2013

But under their system they could order any number of retrials -- with each new trial to be to be confirmed or overturned by their Supreme Court, which can always order another trial.

struggle4progress

(118,224 posts)
3. Not exactly. She was convicted in 2009, but the conviction was thrown out on appeal in 2011.
Tue Mar 26, 2013, 02:36 AM
Mar 2013

The court is considering whether to retry her

Even under the system used here in the US, retrials can occur after a conviction is thrown out on appeal.

pnwmom

(108,955 posts)
4. No. Under our system, retrials are never ordered after a person is ACQUITTED.
Tue Mar 26, 2013, 01:44 PM
Mar 2013

She was acquitted in her second trial, as are about 50% of defendants in Italy. They scoop up many innocent people in the first level trials and then acquit them in the second. It's very rare for the Supreme Court to completely reverse an acquittal from the Appeals Court.

http://www.huffingtonpost.com/2013/03/26/amanda-knox-double-jeopardy_n_2956566.html

Attorney Joey Jackson told Headline News that, if Italy requests that Knox be extradited, the U.S. could deny the request because American law includes the concept of "double jeopardy," a principal that bars a defendant from being convicted of an offense after they've already been cleared.

"We have principles that are well-founded within our Constitution, one of which is double jeopardy," Jackson said. "So as a result of that, I think it would be highly objectionable for the United States to surrender someone to another country for which justice has already been administered and meted out. So I don't think or anticipate that that would happen."

ABC News also reports that experts don't think an attempt to extradite Knox would be successful.

struggle4progress

(118,224 posts)
5. In the US, double jeopardy applies when the original trial court finds the defendant
Tue Mar 26, 2013, 02:26 PM
Mar 2013

not guilty, but does not necessarily apply to a conviction overturned at the appellate level. Knox was found guilty by the original trial court, with the conviction overturned at the appellate level and with a new trial finally ordered by the highest court

... Knox, 25, was convicted in December 2009 for the 2007 murder of her British roommate Meredith Kercher in the Italian city of Perugia. Knox’s Italian boyfriend at the time, Raffaele Sollecito, was also convicted. The pair was freed from prison four years later in October 2011 when an Italian appeals court threw out the guilty verdict and criticized the prosecution’s case ...
Amanda Knox Legal Drama Not Quite Over
By ABC News
Mar 22, 2013 11:04am


... Knox spent four years in jail before an appellate court overturned her murder conviction in the 2007 death of Meredith Kercher. She returned to the United States in 2011. Prosecutors say that despite the appellate decision, they still believe Knox and her former boyfriend, Raffaele Sollecito, are responsible for the death ...
Italian Supreme Court ruling on Amanda Knox retrial expected within hours
By Ben Wedeman and Ed Payne, CNN
updated 10:58 PM EDT, Mon March 25, 2013


... Dec. 4, 2009: Court finds Knox guilty of murder and sexual assault, sentences her to 26 years in prison. Sollecito is convicted of same charges and sentenced to 25 years ...
... Oct. 3, 2011: Appeals court clears Knox, Sollecito of murder convictions, orders them freed immediately ...
... March 26, 2013: Italy's highest criminal court overturns acquittal of Knox and Sollecito, orders new trial ...

Amanda Knox trial: Key dates in case
THE ASSOCIATED PRESS
Tuesday, March 26, 2013, 9:48 AM


... Knox attorney Dalla Vedova dismissed the “double jeopardy” concern, insisting the high court ruling Tuesday hadn’t decided anything about the defendants’ guilt or innocence, but merely ordered a fresh appeals trial ...
Italian Court Orders New Trial for Amanda Knox
By AP / Frances D'Emilio
March 26, 2013

pnwmom

(108,955 posts)
6. In the US, the appellate court may throw out a conviction and order a new trial.
Tue Mar 26, 2013, 06:35 PM
Mar 2013

But if they acquit, then that's it. They don't send it up to yet another court for review.

struggle4progress

(118,224 posts)
7. "Generally, a defendant who is successful in having his conviction set aside on appeal may be tried
Tue Mar 26, 2013, 07:39 PM
Mar 2013

again for the same offense, the assumption being made in the first case on the subject that, by appealing, a defendant has 'waived' his objection to further prosecution by challenging the original conviction"
Annotation 5 - Fifth Amendment
Reprosecution Following Conviction

Reprosecution After Reversal on Defendant's Appeal

dipsydoodle

(42,239 posts)
8. In this case
Tue Mar 26, 2013, 07:55 PM
Mar 2013

the Italian Court of Cassation set aside the result of the appeal making it as though it had never occured. As such that restored the original guilty verdict making the subject of double jeopardy incidental.

They have already said that should she chose to return to Italy for a new appeal she would be treated as an innocent for that purppse. The new appeal will eventually occur even in her absense. The result of such a new appeal would also be then refered back to the court of cassation.

pnwmom

(108,955 posts)
10. But Amanda Knox was acquitted. She didn't just have her conviction set aside.
Tue Mar 26, 2013, 11:34 PM
Mar 2013

And the acquittal made complete sense because there was never any reasonable case against her.

Response to pnwmom (Reply #10)

struggle4progress

(118,224 posts)
9. Untrue. Prosecutors can appeal an appellate court's dismissal of charges, and many
Tue Mar 26, 2013, 08:20 PM
Mar 2013

jurisdictions follow the ABA standards:

Standard 21-1.4. Prosecution appeals ...

(b) Where more than one level of appellate review exists, whenever an intermediate court has held in favor of a defendant-appellant, the prosecution should be permitted to seek further review in the highest court ...
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