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
LiberalFighter
(50,779 posts)pnwmom
(108,955 posts)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)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)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)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
Amanda Knox Legal Drama Not Quite Over
By ABC News
Mar 22, 2013 11:04am
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
... 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
Italian Court Orders New Trial for Amanda Knox
By AP / Frances D'Emilio
March 26, 2013
pnwmom
(108,955 posts)But if they acquit, then that's it. They don't send it up to yet another court for review.
struggle4progress
(118,224 posts)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)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)And the acquittal made complete sense because there was never any reasonable case against her.
struggle4progress
(118,224 posts)Response to pnwmom (Reply #10)
alcibiades_mystery This message was self-deleted by its author.
struggle4progress
(118,224 posts)jurisdictions follow the ABA standards:
(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 ...