The Amanda Knox Saga Italiana Continues

The Italian Supreme Court reversed the acquittal of Amanda Knox, previously convicted in the 2007 killing of her then-roommate, Meredith Kercher, with the help of her boyfriend Raffaele Sollecito. She was found guilty in 2009 and the Court of Appeals reversed that conviction in 2011 on grounds of insufficient evidenceand lack of motive. Meanwhile, Knox spent a long and lonely four years in Italian prison. Since her successful appeal, she has moved back to Seattle and attempted to reestablish a “normal” life as a student at the University of Washington.

So, what about that little thing we call Double Jeopardy?

First of all, Italy’s Constitution does not protect against double jeopardy and allows for the prosecution to appeal the loss of a criminal case. In the United States, the Fifth Amendment to the Constitution includes the text “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” And Amanda is an American citizen. She was studying abroad at the time of the alleged offense, likely on a student visa, and is protected by the laws of the United States regardless.

Will Amanda Knox be extradited to Italy for Retrial?

Some experts on the subject disagree, but I am going to vote NO on the topic. Why? Because the United States has an Extradition Treaty with Italy dating back to the 1980’s, wherein Article 6 provides the grounds for denial of extradition: “Extradition shall be denied when the person sought has been in jeopardy in the requested State for the same offense.” Seems pretty cut and dry to me! The Italian court can also hold the trial in absentia and if they convict, can ask the U.S. government to order her extradition.

Amanda was not present in the Italian Supreme Court when it rendered its decision today and is unlikely to be taking any voluntary trips to Italy any time soon.

Did I mention someone else has ALREADY BEEN CONVICTED for the killing of Meredith Kercher?

There’s a little nugget that seems to get cut from most major news broadcasts on the subject is that Rudy Guede was convicted of murdering Meredith Kercher. After being confronted with “overwhelming DNA evidence” against him, Guede admitted being present at the house near the time of Kercher’s murder, but claimed he had gone in another room for a few minutes and came out to find Kercher bleeding to death. According to the website injusticeinperugia.org, the evidence against Guede included the following:

• Guede admitted he was in the room.
• Guede’s DNA was found all over the crime scene. 
• Guede’s DNA was found in and on Meredith’s body. Guede’s DNA along with Meredith’s blood, was found on Meredith’s purse. 
• Guede’s excrement was found in the toilet. 
• Guede’s shoe prints, set in Meredith’s blood, were found in the bedroom and hallway. 
• Guede’s handprints, in Meredith’s blood, were found on a pillowcase in Meredith’s room and on her wall. 
• Guede had a cut on his right hand that was still visible when he was arrested. 
• Guede fled the country. 

Stay tuned for more developments on the Amanda Knox Saga Italiana!