The Court of Cassation, Italy’s final court of appeal, overturned the acquittals of both Knox and her then-boyfriend Raffaele Sollecito over the 2007 killing of British student Meredith Kercher. Kercher, 21, died from knife wounds in an apartment that she shared with Knox in Perugia, Italy.
The couple were originally convicted and sentenced to serve prison time, she 26 years, he 25. They were released in 2011 on appeal. Unlike our laws in the United States mandating that a person declared not guilty may not be re-tried, Italian law allows it. Now living in the United States, it is questionable whether or not she will return to Italy for a new trial.
Defense attorneys have claimed the prosecution’s case was flawed from the beginning. When police arrested her, they did not properly inform her that she was a suspect, said attorneys. Therefore, according to Italian law, the confession prosecution said they received from her was not admisable. They also believe that Knox’s case was tried in the European press as much as in the courtroom.
Knox was bombarded with tabloid stories of her and Sollecito kissing and snuggling after the murder and was portrayed as a sexual predator who led a sex party gone wrong that ended in Kercher’s death. Tabloids referred to her as “Foxy Knoxy”, and explored every detail of her life.
A third figure in the saga is Rudy Guede, a drifter and small time drug dealer who fled to Germany but was lured back to Italy. He was sentenced to 30 year in prison, and that was reduced to 16 on appeal. DNA at the crime scene matched that of Guede.
The prosecution created a picture of a sex game gone bad, resulting in Kercher’s throat being cut. They claimed to have found Sollecito’s DNA on Kercher’s bra clasp cut off the bra, and a speck of DNA from Kercher and Knox on a knife in Sollecito’s kitchen.
A team of forensic scientists said that the bra clasp, which had been left on the floor for nearly a month, was contaminated, and the small speck on the knife was too small to re-test, and could have come from another substance.
If there is another trial, it will be held in a lower court, and Knox would not have to be there. She could be tried in “absentia”.
“If the court orders another trial, if she is convicted at that trial and if the conviction is upheld by the highest court, then Italy could seek her extradition,” another of Knox’s lawyers, Carlo Dalla Vedova, told The Associated Press.
Amanda Knox lives in Seattle and is attending school. Her memoir, “Waiting to Be Heard,” published by HarperCollins, will be released April 30. She reportedly received an advance of $4 million for the book.
Columnist-The Guardian Express