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Amanda Knox trial (guilty, then not guilty, now guilty again...)


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Amanda Knox 'Shocked' By Court Ruling That She Will Be Tried Again for Murder

 

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Amanda Knox was "shocked" by Italy's Supreme Court ruling today that she must be retried for the 2007 murder of her roommate Meredith Kercher.

 

Knox spent four years in prison before an Italian appeals court threw out her murder conviction in 2011 and she had been hoping the court would uphold the appeals court ruling and end her six year ordeal.

 

Instead she was told that the marathon legal battle would continue for her and for her ex-boyfriend Raffaele Sollecito, who had been convicted along with her.

 

The court also refused to vacate her conviction for slander over her identifying her employer, Patrick Lumumba, as the person who killed Kercher. It was a statement, she claims, she made under police duress.

 

"She is shocked and very sad," Knox's lawyer Carlo Dalla Vedova said. "She thought this was the end of a nightmare."

 

In a statement Knox said the court's decision was "painful" and "completely unfounded and unfair."

 

"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," she said.

 

"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," she added.

 

"It's a shocking decision, so we go back to discuss the case and we are ready again," Dalla Vedova said.

 

Kercher's family, which had been clearly disappointed when Knox and Sollecito were freed, said today that she "happy" by today's ruling, the Italian news agency ANSA reported.

 

Her lawyer said the new trial will probably start again next year. He said Knox will not come back for new trial.

 

The new trial does not mean that Knox would be back in an Italian prison any time soon. She would not be required to return to Italy for the trial and if she is convicted again, that ruling would be appealed up to the Supreme Court. More legal proceedings will be necessary to extradite Knox to Italy. Experts do not believe such an effort would be successful.

 

The court has 90 days to write their "motivation," explaining in detail why they overturned the acquittal and upheld Knox's slander conviction.

 

Knox's lawyers had said she was "anxious" Monday over the court's hearing. She stayed in Seattle for the hearing.

 

In their final arguments before Italy's Supreme Court Monday, Dalla Vedova told the court, "'This trial started with an error and the prosecution continues to insist in the errors even in an attempt to convince the Supreme Court that the recourse should be accepted."

 

Prosecutors and a lawyer for Kercher's family argued that appeals court judges "lost their way" in analyzing the evidence and that Knox and Sollecito should be retried for Kercher's murder.

 

"We feel that Amanda and Raffaele are guilty and were in the room with Rudy Guede," Francesco Maresca, lawyer for the Kercher family, said as he entered the Corte di Cassazione, Italy's supreme court, in Rome.

 

Guede, an Ivory Coast drifter, has also been convicted in the 2007 murder and is serving a 16 year prison term.

 

Since her 2011 release from prison, Knox has resumed her life in Seattle, taking classes and spending time with her family and boyfriend, James Terrano.

 

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.

 

Knox's first interview since she was freed will air during a primetime special on Tuesday, April 30 at 10 p.m., ET on the ABC Television Network.

 

 

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  • 10 months later...

Amanda Knox found guilty of murder **again** by Italian court

 

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Florence, Italy (CNN) -- An Italian appeals court convicted former exchange student Amanda Knox and her ex-boyfriend Raffaele Sollecito on murder charges Thursday night.

 

Prosecutors said the couple had killed Meredith Kercher in November 2007. They were convicted two years later of murder, but those charges were overturned on appeal in 2011.

 

A judge said Thursday that Knox, also convicted of slander, was sentenced to 28 1/2 years in prison. Sollecito's sentence was 25 years.

 

Knox, an American, said her conviction would bring no consolation to the Kercher's family

"I am frightened and saddened by this unjust verdict," she said in written remarks. "Having been found innocent before, I expected better from the Italian justice system. The evidence and accusatory theory do not justify a verdict of guilt beyond a reasonable doubt. ...There has always been a marked lack of evidence."

 

She called the legal proceedings a travesty.

 

"This has gotten out of hand. Most troubling is that it was entirely preventable," she said. "I beseech those with the knowledge and authority to address and remediate the problems that worked to pervert the course of justice and waste the valuable resources of the system."

 

It is unlikely that Knox, who lives in Seattle, Washington, will return to Italy to serve additional prison time because U.S. law dictates that a person cannot be tried twice on the same charge, a legal expert told CNN. He believes that if Italy were to ask for extradition, U.S. officials would deny the request.

 

"She was once put in jeopardy and later acquitted," said Sean Casey, a former prosecutor who is now a partner at Kobre & Kim in New York. "Under the treaty, extradition should not be granted."

 

Presiding judge Alessandro Nencini has 90 days to write his arguments behind the jury's ruling. Once that is out, lawyers have 90 days to appeal.

 

Kercher, 21, of Great Britain, was found partially nude in a pool of blood in the house she shared with Knox in the picturesque town of Perugia, where both women were exchange students.

 

Knox has said she is afraid to return to Italy, where she spent four years behind bars.

"I will become ... a fugitive," she told Italian daily La Repubblica this month, when asked what she would do if she was found guilty in the second trial.

 

Italy's Supreme Court in March overturned the pair's acquittals, saying that the jury did not consider all the evidence and that discrepancies in testimony needed to be answered. The case was sent to a retrial in Florence.

 

Dressed in a purple sweater with sunglasses nestled on his collar, Sollecito made it to the tribunal for the morning session and was expected to return for the verdict, but his attorney, Luca Maori, said that his Italian client would not be coming back to court.

 

Ruling unclear

 

The retrial began in September, refocusing international attention on the case that grabbed headlines in Italy, Britain and the United States -- but neither Knox nor Sollecito were present in court.

 

It has renewed questions about the effectiveness of Italy's justice system, given widespread doubts over the handling of the investigation and key pieces of evidence.

 

Both Knox and Sollecito have maintained their innocence.

 

'Fugitive'

 

Knox, 26, and Sollecito, 29, were convicted in 2009 of killing Kercher, who was found with more than 40 stab wounds and a deep gash in her throat.

 

Prosecutors say she was held down and stabbed after she rejected attempts by Knox, Sollecito and another man, Ivory Coast-born Rudy Guede, to involve her in a sex game. Guede is the only person in jail for the murder, and many aspects of the crime still remain unexplained.

 

Speaking on Thursday, Knox's defense team asked for an acquittal.

 

Knox has always denied murdering Kercher and has maintained she is not guilty in a written statement to the Florence court.

 

"I must repeat to you. I'm innocent. I did not rape, I did not steal ... I did not kill Meredith," Knox said in a lengthy e-mail presented by her lawyer to the court in December.

 

Sollecito was in the Dominican Republic at the start of the retrial but returned to Italy.

 

In November, he took to the stand to make a spontaneous declaration, saying the charges against him were "absurd."

 

"For me, it's a nightmare that goes beyond imagination," he said of what he's been through.

 

'No one remembers Meredith'

 

The case has dragged on for more than six years, frustrating attempts by Kercher's family to discover the truth about her death. The three trials have done little to clear up mysteries surrounding the details of the murder.

 

"They are tired of this long trial and they want justice," Francesci Maresca, attorney for the Kercher family, said.

 

The Kercher family welcomed the retrial ruling, Maresca said in March, adding they believed the ruling that acquitted Knox and Sollecito was "superficial and unbalanced."

 

They believe more than one person was in the room when Kercher was killed, he said.

 

"No one remembers Meredith, while the two defendants write books, speak to the media and earn money," Maresca told the court in closing remarks last month.

 

Ferguson advocates for Knox

 

One person who has been advocating for Knox is Ryan Ferguson -- the Missouri man who walked free last November after being imprisoned for nearly a decade. He was wrongly convicted of murdering a newspaper editor, and a state appeals court overturned his conviction.

 

"We kind of had this connection in the sense that we've been through this justice system ... It's relatively the same. We've been through this, and there's not a whole lot of people" who've had the same experience, he told CNN's "New Day."

 

"So it's cool and we can kind of just talk to each other. She wanted to reach out and say if you need to talk to anybody, if you need any help, I'm here for you. If not, I completely understand. So that's how we began communicating."

 

Asked about Knox' current state of mind, he said she's staying positive.

 

"She seems to be doing very well. I'm impressed with her. It's so daunting at this time," he said. "Within 48 hours she should know her fate. You can't start living life until they actually clear you and until you're free essentially. So I'm amazed how she's doing. She's working hard on school and continuing life the best she can. She believes the courts are going to do the right thing based on the facts. I agree."

 

 

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