QuirkyKapers Posted March 26, 2013 Share Posted March 26, 2013 Crazy! Quote Link to comment Share on other sites More sharing options...
Guest inoubliable Posted March 26, 2013 Share Posted March 26, 2013 Unless she's stupid enough to go back to Italy, I don't see why this matters. They can't compel her to appear. Quote Link to comment Share on other sites More sharing options...
Heatherwith4 Posted March 26, 2013 Share Posted March 26, 2013 Unless she's stupid enough to go back to Italy, I don't see why this matters. They can't compel her to appear. I was thinking the same thing... Quote Link to comment Share on other sites More sharing options...
QuirkyKapers Posted March 26, 2013 Author Share Posted March 26, 2013 That's what I was thinking. I read in one of the article's that Amanda is still holding on to the hope that she will be able to go back to Italy one day. I just don't think I would want to go back. ever. Quote Link to comment Share on other sites More sharing options...
mommymilkies Posted March 26, 2013 Share Posted March 26, 2013 Honestly, good. Hopefully the trial goes through. Quote Link to comment Share on other sites More sharing options...
SKL Posted March 26, 2013 Share Posted March 26, 2013 Unless she's stupid enough to go back to Italy, I don't see why this matters. They can't compel her to appear. I could see it preventing her from future travels she might want to do, though. I mean, if she somehow had a layover in Italy or other place where Italy has more clout than the USA, then could she get detained? It would put a damper on plans for sure. I have no opinion on her guilt/innocence as I did not follow the case. Obviously if she's guilty of murder, she should serve a sentence. Quote Link to comment Share on other sites More sharing options...
Guest inoubliable Posted March 26, 2013 Share Posted March 26, 2013 I could see it preventing her from future travels she might want to do, though. I mean, if she somehow had a layover in Italy or other place where Italy has more clout than the USA, then could she get detained? It would put a damper on plans for sure. I have no opinion on her guilt/innocence as I did not follow the case. Obviously if she's guilty of murder, she should serve a sentence. Only if they re-convict her. I'm pretty sure our country would throw a fit, though, since we have that little thing about double jeopardy. I have no idea if she was guilty or not. The local cops there screwed up evidence taking. Or something like that. Anywho. She was already convicted, sentenced to three years, served, and released. Quote Link to comment Share on other sites More sharing options...
Mom in High Heels Posted March 26, 2013 Share Posted March 26, 2013 Unless she's stupid enough to go back to Italy, I don't see why this matters. They can't compel her to appear. They can try her in absentia, but we do have an extradition treaty with Italy and if they demand her to be returned, legally the US would have to comply. Only if they re-convict her. I'm pretty sure our country would throw a fit, though, since we have that little thing about double jeopardy. I agree the US population probably would throw a fit, but Italy, from what I understand, does not have a double jeopardy law and since the crime was committed on Italian soil, it falls under their rules. I did follow the story as it was all over the news in Europe forever, and I personally never thought she was guilty. There was almost no evidence other than her DNA being in the house. She lived in the house, so I'm not sure how they wouldn't find it, plus there was apparently a lot of mishandling over evidence that caused cross contamination. I think this whole thing is an embarrassment to Italy and their legal system. They found no new evidence and plan to retry based on the evidence from the previous trial. This seems more like a case of 'we're going to retry you until we get a guilty verdict.' Quote Link to comment Share on other sites More sharing options...
8circles Posted March 26, 2013 Share Posted March 26, 2013 They can try her in absentia, but we do have an extradition treaty with Italy and if they demand her to be returned, legally the US would have to comply. I agree the US population probably would throw a fit, but Italy, from what I understand, does not have a double jeopardy law and since the crime was committed on Italian soil, it falls under their rules. I did follow the story as it was all over the news in Europe forever, and I personally never thought she was guilty. There was almost no evidence other than her DNA being in the house. She lived in the house, so I'm not sure how they wouldn't find it, plus there was apparently a lot of mishandling over evidence that caused cross contamination. I think this whole thing is an embarrassment to Italy and their legal system. They found no new evidence and plan to retry based on the evidence from the previous trial. This seems more like a case of 'we're going to retry you until we get a guilty verdict.' I agree totally. I feel for her. I didn't follow THAT closely but this is how I read the situation too. Not Italy's proudest moment. Quote Link to comment Share on other sites More sharing options...
FloridaLisa Posted March 26, 2013 Share Posted March 26, 2013 Also re: double jeopardy, remember that even in the United States a defendant can undergo more than one trial. The LA police officers involved in the Rodney King beating were first tried in state court, received a not guilty verdict, and then tried in federal court with a convictions. I haven't even read the article linked and I have no idea whether Italy has a dual court system, but a defendant could possibly be tried twice here in America. Lisa Quote Link to comment Share on other sites More sharing options...
FaithManor Posted March 26, 2013 Share Posted March 26, 2013 I could see it preventing her from future travels she might want to do, though. I mean, if she somehow had a layover in Italy or other place where Italy has more clout than the USA, then could she get detained? It would put a damper on plans for sure. I have no opinion on her guilt/innocence as I did not follow the case. Obviously if she's guilty of murder, she should serve a sentence. I don't think she could travel in Europe. I'm not certain how extradition treaties work, but I think the Eurozone has reciprocal policies. Off U.S. soil, I think she would be vulnerable. Better to stay home and be thankful to be out of prison. Faith Quote Link to comment Share on other sites More sharing options...
sbgrace Posted March 26, 2013 Share Posted March 26, 2013 Isn't that the one where another, unrelated drifter type was convicted and sentenced for the same crime after Knox and her boyfriend had already been convicted? If I'm thinking of the right case there was hard evidence that the unrelated party/drifter guy was guilty. I do not understand that at all. Quote Link to comment Share on other sites More sharing options...
FaithManor Posted March 26, 2013 Share Posted March 26, 2013 Sri Lanka, Morocco, and Brazil do not have extradition treaties with Italy. Possibly, she may want to consider getting a student visa to Brazil and then find a job, become a quiet, law abiding citizen of her host country, and hunker down...unless of course she's guilty, in which case I hope she sticks around and gets sent back. That said, the whole thing seems a little dubious and especially since the appeals court found that the DNA samples were so darn small, they couldn't be tested by another lab after the crime lab was done. That's generally a non-starter right there in the US...if the case is built on such a tiny amount of DNA that the defense cannot conduct independent testing, then the DNA evidence is oft tossed or at least that's what I've gathered - maybe Elizabeth, our Hive attorney- will weigh in on this. I mean, if I left my bra on the floor of a shared residence for a month, and one tried to figure out what happened based on DNA found on it, one might conclude that my dog, our pet rabbit, the guinea pig, or my 2 year old great niece were nefarious! Quote Link to comment Share on other sites More sharing options...
Melinda in VT Posted March 26, 2013 Share Posted March 26, 2013 I didn't follow the Amanda Knox case, but after reading The Monster of Florence, which involves many of the same prosecutors, investigators, etc., I doubt she's guilty. It's a corrupt and incompetent system. Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted March 26, 2013 Share Posted March 26, 2013 Only if they re-convict her. I'm pretty sure our country would throw a fit, though, since we have that little thing about double jeopardy. I have no idea if she was guilty or not. The local cops there screwed up evidence taking. Or something like that. Anywho. She was already convicted, sentenced to three years, served, and released. she was sentenced to three years for a slander conviction. (which came after hours of brutal interrogation without a lawyer. the police suggested someone, and she agreed it was possible, and for that she was convicted of slander.) she was sentenced to 25 years for murder. Rude guede, who CONFESSED, had a record and whose DNA was all over meredith's room (and none of AK or RS was), was only sentenced to 16 years. AK was only released when an appeals court ruled the prosecutors screwed up and didn't prove their case. the prosecutors appealed that. Quote Link to comment Share on other sites More sharing options...
FaithManor Posted March 27, 2013 Share Posted March 27, 2013 she was sentenced to three years for a slander conviction. (which came after hours of brutal interrogation without a lawyer. the police suggested someone, and she agreed it was possible, and for that she was convicted of slander.) she was sentenced to 25 years for murder. Rude guede, who CONFESSED, had a record and whose DNA was all over meredith's room (and none of AK or RS was), was only sentenced to 16 years. :svengo: Good gravy! Time to invalidate our extradition treaty with Italy. I did read that her slander conviction came from complaints about civil rights violations. Were those complaints even investigated? Faith Quote Link to comment Share on other sites More sharing options...
tex-bex Posted March 27, 2013 Share Posted March 27, 2013 Between this and the scientists who were recently thrown in jaill for not predicting an earthquake (http://www.reuters.com/article/2012/10/22/us-italy-earthquake-court-idUSBRE89L13V20121022), I don't have any desire to vacation in Italy anytime soon. :( Quote Link to comment Share on other sites More sharing options...
Ravin Posted March 27, 2013 Share Posted March 27, 2013 Only if they re-convict her. I'm pretty sure our country would throw a fit, though, since we have that little thing about double jeopardy. I have no idea if she was guilty or not. The local cops there screwed up evidence taking. Or something like that. Anywho. She was already convicted, sentenced to three years, served, and released. Her own lawyer said in the article that double jeopardy doesn't apply because it was sent back down from appeal--final judgment to which double jeopardy would apply hasn't happened yet. Quote Link to comment Share on other sites More sharing options...
Ravin Posted March 27, 2013 Share Posted March 27, 2013 Double post Quote Link to comment Share on other sites More sharing options...
PinkyandtheBrains. Posted March 27, 2013 Share Posted March 27, 2013 I am not expert, but from everything I read 1. They botched the investigation and prosecution so even if she is guilty I am not sure they can fairly prove that. 2. I don't think she is guilty. Everything I read didn't add up. But I only have the information provided in the media. Who knows the accuracy of that. Quote Link to comment Share on other sites More sharing options...
Ravin Posted March 27, 2013 Share Posted March 27, 2013 Also re: double jeopardy, remember that even in the United States a defendant can undergo more than one trial. The LA police officers involved in the Rodney King beating were first tried in state court, received a not guilty verdict, and then tried in federal court with a convictions. I haven't even read the article linked and I have no idea whether Italy has a dual court system, but a defendant could possibly be tried twice here in America. Lisa The same incident can give rise to different crimes charged, and in the Rodney King example, different sovereign governments bringing the charges. So the state could put them on trial in state court for attempted murder, and the feds could put them on trial in federal court for criminal violation of his civil rights. The appeals process can result in multiple trials if a trial is thrown out as unfair. That isn't double jeopardy because the conviction for the first trial is also thrown out. Quote Link to comment Share on other sites More sharing options...
WagsWife Posted March 27, 2013 Share Posted March 27, 2013 If I were here parents, I would not trust my daughters future in that court system. I would have her at a plastic surgeon, and be working on getting her a new identity--in a country that does not have an extradition agreement with Italy. Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted March 27, 2013 Share Posted March 27, 2013 raffeallo solicito has announced he's now moving to Switzerland. He had finished his computer science degree while he was in prison. Quote Link to comment Share on other sites More sharing options...
Seasider Posted March 27, 2013 Share Posted March 27, 2013 raffeallo solicito has announced he's now moving to Switzerland. He had finished his computer science degree while he was in prison. Where has he been living since his release? Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted March 28, 2013 Share Posted March 28, 2013 Where has he been living since his release? in his hometown in Italy. Quote Link to comment Share on other sites More sharing options...
Violet Crown Posted March 28, 2013 Share Posted March 28, 2013 Here's our extradition treaty with Italy: http://internationalextraditionblog.files.wordpress.com/2011/03/italy.pdf Note article 6. Just because the Italian courts can annul an acquittal on appeal doesn't render the second trial not double jeopardy. I don't see how she could be extradited. Quote Link to comment Share on other sites More sharing options...
Seasider Posted March 28, 2013 Share Posted March 28, 2013 in his hometown in Italy. So is he free to go? Will the Italian government let him go? Or is the retrial only for AK? Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted March 28, 2013 Share Posted March 28, 2013 So is he free to go? Will the Italian government let him go? Or is the retrial only for AK? My understanding is they are both going to be retried. Quote Link to comment Share on other sites More sharing options...
mommymilkies Posted March 28, 2013 Share Posted March 28, 2013 Aside from the other facts and forensics, those two making out outside the house when the police apcame, and the complete inconsistencies in their stories...I think they're guilty. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.