The Italian Supreme Court, which recently overturned Ms. Knox’s acquittal, has ruled today that she must once again stand trial for the murder of her former roommate. Her boyfriend at the time, Raffaelle Sollecito will also be tried again. The confessed killer, Rudy Guede, is still serving his sentence for the killings after being convicted separately. Prosecutors still believe Ms. Knox and her former boyfriend were involved in the killings, despite the fact that her statement is wholly inconsistent with Mr. Guede’s killing of Ms. Kercher.
CBS recently aired the new documentary, “Central Park Five”, about five young men/boys were interrogated under intimidating circumstances, and ultimately convicted for a horrible crime in spite of the fact the stories they gave were inconsistent and frequently incorrect on details. The tainted confessions doomed their case, in spite of the fact that there was a serial rapist who’s MO matched the crime. The way the statements were extracted and the way the inconsistencies of Ms. Knox’s case mimic the incorrect statements of the Central Park Five made me think of the Knox case as I was watching it. Definitely check it out for an examination of how false confessions can happen, and how they can over power the surrounding evidence of a case.
Here’s our previous coverage of Knox’s case, the ‘Foxy Knoxy’ case as it was dubbed by the tabloids: https://crimcourts.wordpress.com/category/criminal-law/amanda-knox/
Amanda Knox, the American student charged with her roommate’s murder while studying abroad in Italy a few years ago, may be nearing the end of her saga. She was initially convicted of the murder of Meredith Kerchner, along with her former boyfriend Raffaele Sollecito. Separately, a man named Rudy Guede was also convicted of the murder. Prosecutors insist that Knox and Sollecito were involved. The trial was an international media sensation, due in part to Ms. Knox’s attractiveness. The British tabloids dubbed her Foxy Knoxy, and she was condemned in the Italian press even before her trial.
The Italian courts held an appeal, and the convictions against Knox and Sollecito were both thrown out due to lack of evidence. They had already spent four years in prison on the case, and the prosecutors vowed to appeal. That appeal was argued before the Supreme Court, and the Court has announced they will issue their decision tomorrow. If Knox wins, she can finally put this ordeal behind her. If prosecutors are successful, the case will be returned to a lower court, and she could be forced to stand trial again.
Such a retrial would not be permissible under U.S. law, as our Constitution prohibits trying someone twice for the same offense. As such, if it were sent back, the United States may refuse extradition based on our own legal principles. It is too early to speculate and further than that, pending the decision to be issued tomorrow by the Italian court.
Posted in 5th Amendment - Miranda Rights, Amanda Knox, Criminal Law
Tagged amanda knox, appeal, double jeopardy, fifth amendment, foxy knoxy, italy, meredith kerchner, murder, rafaelle sollecito