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Amanda Knox Trial: Prosecutors Appeal Overturned Convictions

Amanda Knox Murder

COLLEEN BARRY   02/14/12 03:07 PM ET  AP

MILAN — Italian prosecutors asked the country's highest criminal court on Tuesday to reinstate the murder convictions of American Amanda Knox and her former boyfriend in the brutal slaying of a British student.

Perugia prosecutors filed the 112-page appeal, more than four months after an appeals court threw out the convictions against Knox, 24, and Raffaele Sollecito, 27.

Prosecutors Giovanni Galati said he is "very convinced" that Sollecito and Knox were responsible for the Nov. 1, 2007, stabbing death of Meredith Kercher, a 21-year-old British student who shared an apartment with Knox in the university town of Perugia.

Galati told reporters in Pergugia that the appeals sentence must be thrown out, saying it was full of "ommissions and many errors," the news agency ANSA reported.

The prosecutors appeal, which was expected, marks the third and final stage in the criminal case against Knox and Sollecito.

A statement released by the Knox family spokesman Tuesday said the appeals trial clearly established Knox's innocence. It called the latest appeal "simply another example of harassment by the prosecution against Amanda."

Knox and Sollecito were found guilty in a lower court of slaying Kercher in what prosecutors described as a sex-fueled attack, and sentenced to 26 years and 25 years respectively. An appeals court then said the evidence did not hold up, freeing Knox to return home to the United States after serving four years in prison. Sollecito lives in Italy.

Luca Maori, Sollecito's lawyer, said the high court is expected to issue its decision toward the end of the year.

The prosecutors move was expected, and Maori said he would file his counter-arguments after going over the prosecutors' appeal.

"We will write our brief to say it's a mistake," Maori said.

The high court cannot hear new evidence, and will make its decision based on what has been submitted in earlier trials.

The fatal blow to the prosecution's case was a court-ordered DNA review in the appellate trial that discredited crucial genetic evidence used to convict Knox and Sollecito in 2009.

Kercher was found slain in a pool of blood in the house she shared with Knox in Perugia. The appeals court in October said the guilty verdicts against the pair were not corroborated by any evidence, and that the court hadn't proven they were in the house when Kercher was killed.

Still, the appellate panel stopped short of saying what might have happened the night of the murder.

A third defendant, Ivory Coast-born drifter Rudy Guede, was convicted in a separate trial of sexually assaulting and stabbing Kercher. His 16-year sentence, reduced in appeal from an initial 30 years, was upheld by Italy's highest court in 2010.

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British student Meredith Kercher, 21, is found murdered in the Perugia, Italy apartment she shares with 20-year-old Amanda Knox, an American student. Post-mortem examination reveals evidence of sexual activity before death.
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MILAN — Italian prosecutors asked the country's highest criminal court on Tuesday to reinstate the murder convictions of American Amanda Knox and her former boyfriend in the brutal slaying of a ...
MILAN — Italian prosecutors asked the country's highest criminal court on Tuesday to reinstate the murder convictions of American Amanda Knox and her former boyfriend in the brutal slaying of a ...
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04:21 PM on 02/19/2012
The trouble is it goes round and round in my head without a conclusion. The only ones I have is her strange behaviour: gigling and so on. I have sat next to a murderer and all it left me with was cold runs down my spine. A murder in the same property would leave me ill for a long time.
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jackbutler5555
07:33 PM on 02/19/2012
So, the lack of evidence isn't quite as convincing as a giggle?
03:36 AM on 02/26/2012
Giggling? Ever hear of "nervous laughter"? What was the occassion when her "giggling" indicated she was a murderer?
04:35 AM on 02/17/2012
I've spent years thinking about this case and I've recently come to the conclusion that I'd become an unwitting victim of confirmation bias. It's now clear to me that notwithstanding investigative errors by law enforcement, Knox and Sollecito are likely factually guilty.
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BIllyDelyon
Last leaf fallen bare earth where green was born..
10:34 PM on 02/17/2012
How is it you've come to this conclusion?
You posted "years thinking about this case", have you also read up on the case, both sides of the case?
03:38 AM on 02/26/2012
All I've ever seen of your postings is that they're guilty. I've never seen one of your posts stating the contrary, so how "recently" did you come to this conclusion?
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BIllyDelyon
Last leaf fallen bare earth where green was born..
08:10 PM on 02/26/2012
How many posts does londontossah even have?

My guess without looking would be that londontossah has less than 30 posts, joined Huffington Posts in '12, and has posted only to Sollecito Knox discussions...

Hmmmm, which guiltbagger could londonjohnnys a tossah be?
03:35 PM on 02/16/2012
HarperCollins Is Said to Acquire Rights to Amanda Knox Memoir

By JULIE BOSMAN

Four months after being freed from an Italian prison and cleared of charges that she murdered her roommate, Amanda Knox has sold her memoir for close to $4 million, according to people familiar with the negotiations.

After a heated auction among publishing houses that stretched for days, HarperCollins bought the rights this week to publish Ms. Knox’s book, which is expected to be a gripping account of her experiences in Italy.

http://mediadecoder.blogs.nytimes.com/2012/02/16/harpercollins-is-said-to-acquire-rights-to-amanda-knox-memoir
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sanfran55
04:01 PM on 02/16/2012
And who says crime doesn't pay, eh?
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kcmookie
This is like a bad habit.....
04:43 PM on 02/16/2012
Or being wrongly convicted and continually persecuted by those who are mentally challenged.
09:54 AM on 02/17/2012
@sanfran55
"And who says crime doesn't pay, eh?"
---

Amanda and Raffaele committed no crime.
04:07 PM on 02/16/2012
Great for Amanda!! Thanks for that!
03:30 PM on 02/16/2012
There are noted cases here in the USA where scientific DNA evidence later found the accused/convicted innocent of all charges. How is this case any different from any of those cases?
Upon being interviewed the prisoners who were later proven innocent made statements regarding how they were pressured, stressed etc....while under interrogation/investigation. Lab rats have been tested under stress. Studies have proven and it is a known fact that we all reach a point where your instinct turns to survival mode. I believe the false confessions and statements from Amanda Knox were a result of the grueling untaped interrogations she endured. She didn't want to be the next victim to die.
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sanfran55
04:24 PM on 02/16/2012
Doesn't wash. None of the other people questioned by the same police falsely accused others. Certainly Patrick Lumumba was under much more stress than Knox, IMHO.
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BIllyDelyon
Last leaf fallen bare earth where green was born..
07:33 PM on 02/16/2012
What? Sollecitos story changed because of the coercion, like its so believable that he said "she must have left, yes she left at around 9 and came back at 1"...

Sounds so reasonable right?

Newly in love, snuggling in bed, but Knox, with NO history of VIOLENCE in her life, gets up out of bed, goes and meets Guede (whom she'd only met ONCE! THEY DID NOT KNOW EACHOTHER! no cell phone contact/messages, no email, no text, no contact between Knox and Guede besides meeting at the downstairs party with Meredith) and goes and joins in with him raping and murdering her friend and room mate, then goes back to the new bo's bed and sleeps until morning??

No leaping to get to that conclusion eh?

Ah ok... got ya...
02:57 PM on 02/20/2012
And he was being accused of the crime personally and directly. Unlike Knox.

Guess you forgot to mention that, huh?
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sanfran55
01:17 PM on 02/16/2012
If Knox is found guilty, and she is not extradicted, she still would be "persona non grata" in all the countries of the European Union - United Kingdom, France, Germany, Spain, Italy, on and on, she would not be able to step foot anywhere there without being arrested.
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kcmookie
This is like a bad habit.....
01:53 PM on 02/16/2012
Why don't we simply wait and discuss that IF it happens. A mighty big IF you got there.
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sanfran55
02:28 PM on 02/16/2012
Well, the first court found her guilty, and the second appeal court acquitted, so I'd say 50-50 chance?
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BIllyDelyon
Last leaf fallen bare earth where green was born..
02:26 PM on 02/16/2012
Now be a good guiltbagger and go post this same post through out the discussion as you did the other day...

Così debole...
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sanfran55
02:33 PM on 02/16/2012
Why aren't you happy that Knox is free?
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Ergon
Man From Atlan
01:11 PM on 02/16/2012
The fact still remains she did not implicate her boss until she had a meltdown when she found out her boyfriend no longer would support her alibi.

"my girl friend convinced me to tell a pack of lies" Hmm. And people, being useful, want to ignore that?
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BIllyDelyon
Last leaf fallen bare earth where green was born..
02:28 PM on 02/16/2012
Um gee, they couldn't have lied to Sollecito during his own coerced confession and gotten him to incriminate his partner, the cops never do things like this, play one off the other, YOU KNOW WELL he took back those words, dishonest little GBKer...
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Gonzo36
Pro-awesome!
02:48 PM on 02/16/2012
Again, it doesn't matter WHAT Sollecito said. You have to have the evidence to back it up and it isn't there. He could have said he saw the Pope do it. But unless there is evidence the Pope was there, then his words are meaningless. It is much more likely that Sollecito believed the Police when they told him they had proof Knox was there, and knowing he was asleep he panicked and said she must have left while he was asleep. It is like Toto- he said he saw them in the park. But the FACTS were false- there were no buses running like he said there were, there were no costumed kids like he said there were, and he was high on heroin. So it doesn't matter what people SAY, it only matters if you can PROOVE what they say is true. And for Knox, Sollecito and Toto, the facts prove that what they said is FALSE.
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Gonzo36
Pro-awesome!
12:48 PM on 02/16/2012
In regards to Knox's 'confession' lets see what Hellman has to say about it:

The obsessive length of the interrogations, carried out during [both] day and night, by more than one person, on a young and foreign girl who at the time did not speak Italian at all well, was unaware of her own rights, did not have the assistance of an attorney (which she should have been entitled to, being at this point suspected of very serious crimes), and was moreover being assisted by an interpreter who — as shown by Ms. Bongiorno — did not limit herself to translating, but induced her to force herself to remember, explaining that she [Amanda] was confused in her memories, perhaps because of the trauma she experienced, makes it wholly understandable that she was in a situation of considerable psychological pressure (to call it stress seems an understatement [appare riduttivo]), enough to raise doubts about the actual spontaneity of her statements; a spontaneity which would have strangely [singolarmente] arisen in the middle of the night, after hours and hours of interrogation: the so-called spontaneous statements were made at 1:45 am (middle of the night) on 11-6-2007 (the day after the interrogation had started) and again at 5:45 am afterward, and the note was written a few hours later.

Wait. What? The Judge doubts the 'spontaneity' of her so called 'confession'! Color me shocked! Not.
03:34 PM on 02/16/2012
....and they still claim she confessed after "only 2 hours of interrogation".
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BIllyDelyon
Last leaf fallen bare earth where green was born..
04:42 AM on 02/17/2012
They've been Goebblesing that one big time lately...

2 hours...

To take the side of the guiltbaggers doesn't require much reason or sense, its all about the ornery, nasty, bad things they can post all knox...

They are getting to be a little scary with their um, th!ckness regardless of how much (you especially stacyhs, you've been on fire for a couple months now! ) have beaten them over the head with the actual facts of the case...
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Ergon
Man From Atlan
11:12 AM on 02/16/2012
Contrast the behaviour of Amanda parents, who knew that she'd accused an innocent man and did nothing about it, with that of the gentle, dignified Kerchers.
11:40 AM on 02/16/2012
@Ergon
"Contrast the behaviour of Amanda parents, who knew that she'd accused an innocent man and did nothing about it,"

They knew nothing of the sort. And they knew that Amanda had already given a written retraction in any case.

---

"with that of the gentle, dignified Kerchers."

People who fought to deny innocent people a fair trial, and inadvertently caused the real killer to get his maximum sentence reduced to 16 years. (He's up for day release parole in about three and a half years now.)
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Ergon
Man From Atlan
01:06 PM on 02/16/2012
"I was drugged up and am not sure" is a retraction? Ranks up with "I was there/I was not there"
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kcmookie
This is like a bad habit.....
11:44 AM on 02/16/2012
Contrast the behavior of the guilters who insist on discussing only partial points, partial quotes, partial actions and support them with innuendos and false inferences, and finally try to claim the "totality of the evidence". With those who look at the totality of the evidence or lack of evidence, the actions of the police and prosecution, and arrive at the conclusion that their is no evidence whatsoever that supports any involvement on the part of Amanda & Rafaelle.
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Ergon
Man From Atlan
12:47 PM on 02/16/2012
I didn't put Amanda Knox and Raffaele Sollecito in prison, they did that to themselves. And according to reporter John Follain, Curt Knox  knew his daughter was involved. He also wondered how she knew about the arrest of Rudy Guede name before he told her. Her consequent 'oh I got that from the tv' was belied by the fact that the entire conversation, which was recorded, did not not have any reference to such an important event. I mean, if she already knew a suspect had been arrested, why did she 'act' surprised?

Follain's book is devastating to the Amandii, not that they know that yet.
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Ergon
Man From Atlan
12:49 PM on 02/16/2012
Or the behaviour of those who look and act guilty? :)
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kcmookie
This is like a bad habit.....
10:15 AM on 02/16/2012
Below ThomasY has commented on what the position is of the police regarding the confession. To accept it at face value,you have to accept Amanda's 'confession' to have been a spontaneous event made while being interviewed as a witness. Let's set aside the fact that their still is no recording of anything, even from that point forward.

If we accept that for what it is,why did the police bring in multiple investigators,from all across Italy for a late night 'interview'? Why would this 'interview' be held at such a late hour? And AGAIN,why would this not be recorded?

When do you stop and realize that it is actually the authorities who are LYING? The lack of full disclosure is disturbing.

ThomasY .38 Fans
( 7:21 PM) The confession wasn't declared illegal. There was nothing illegal about it.

She didn't have a lawyer present,which wasn't required because she was questioned as a witness. According to Italian law,this statement which incriminat­ed her couldn't be used against her in her murder trial, because she made it without a lawyer present. That's all. Due process of law. They are very nice to criminals.

You make it sound as if the questionin­g itself was an illegal act by police and that is false. It was of course your intention to make it sound the police was inept. According to Knox supporters­,no questionin­g of witnesses could be carried out if they don't have a lawyer present. That's nonsense.
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kcmookie
This is like a bad habit.....
12:44 PM on 02/16/2012
Darn, Ergon. They won't let your comment thru, why don't you church it up a bit and give it another try?
04:28 PM on 02/16/2012
>She didn't have a lawyer present,wh­ich wasn't required because she was questioned as a witness.<

Her being "a witness" is nonsense. Witnesses don't have their phone calls, texts, emails all recorded for several day. They aren't followed. They don't have their family's phones tapped. They aren't brought in for interrogation at 10:00 at night to be "interviewed" as Sollecito was. The "witness" crapola is nothing but an excuse you guilters use for the interview not be recorded as required by law. Even Mignini, when asked about that said he'd "forgot" it. yeah..sure he did. Just like he "forgot" to tape the rest of the interrogation even after the "confession". Was she just a "witness" then? Explain that..if you can.

No, the police weren't "inept" at all. They knew exactly what they were doing by not recording the interview.

Do you think the police would ever admit to physically abusing Knox or Sollecito or breaking any laws whatsoever? Sure, they would...at the expense of losing their jobs, their reputation, and the entire case. But, they're somehow to be believed completely even when Lumumba and Preston both described eerily similar abusive interrogations. Why take their word as evidence when the police say "Oh, no..we served chamomile tea and cakes!"

And you guilters think WE'RE gullible?
07:00 AM on 02/16/2012
Unconfirmed (but from a decent source) report that bidding for Amanda Knox's book deal has gone past $3.8 million.

http://m.twitter.com/ninaburleigh/status/169801761593376768

Yay!
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jackbutler5555
08:03 AM on 02/16/2012
Amazing, inasmuch as those who think her guilty have been insisting it will be a flop.
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similouis
08:22 AM on 02/16/2012
Interesting if true.
(After taxes, that will be about 20% of what she will owe the Kerchers.)

It's pretty impressive you can raise that kind of money by murdering your foreign study roommate. I'm sure we'll see copycat cases soon.

Meredith Kercher family launch appeal against Knox's acquittal: "We are petitioning against the decision of the Court of Appeals of Perugia and are optimistic it will be admitted to the Court of Cassation for review," said Kercher family lawyer Francesco Maresca in Florence. Prosecutor General Giovanni Galati filed the same appeal – or ‘recourse’, to be more accurate - in Perugia, amid a throng of reporters.

Read more: http://www.theweek.co.uk/world-news/amanda-knox/45322/meredith-kercher-family-launch-appeal-against-knoxs-acquittal#ixzz1mYAVKINF
09:39 AM on 02/16/2012
@similouis
"After taxes, that will be about 20% of what she will owe the Kerchers."

Amanda owes zero to the Kerchers.

And once the last of the charges have been overturned (be it by cassation, or by the European Court of Human Rights), Amanda will owe zero to Lumumba.

If Amanda decides to sue for libel, the Kerchers could owe money to Amanda however.

---

"It's pretty impressive you can raise that kind of money by murdering your foreign study roommate."

Amanda has never done any harm to anyone.

---

"Meredith Kercher family launch appeal against Knox's acquittal"

Karma has already started catching up with the Kerchers. Their efforts to frame innocent people helped Guede get some huge sentence reductions, and he'll be free now before we know it.
06:46 AM on 02/16/2012
I think the Knox family paid all the right people. I would not want her living on my street.
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jackbutler5555
07:34 AM on 02/16/2012
So she's guilty, you say.  What evidence do you have that places her in the murder room?
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similouis
08:51 AM on 02/16/2012
Amanda Knox said she was in the kitchen, covering her ears to drown out Meredith's screams, as her own house guest raped and killed Meredith. She didn't flee, and she didn't call police, and for this fact she was charged (and convicted) of conspiracy to murder. She was so drunk and high that her memory never recovered (or so she claims), so you'll have to excuse that *she can not recall* how her blood came to be mixed with Meredith's blood - meaning they were both bleeding at the same time! - at 5 different locations in the cottage!!!! Her wild menstruation and bleeding cartilage stories could never account for the mixed dried blood deposited the night of the murder.
11:35 AM on 02/16/2012
@v eyepete
"I think the Knox family paid all the right people."
---

The evidence, though, has been clear from the beginning that Amanda and Raffaele are innocent.
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badwolf62
just a loveable but bad wolf
05:14 AM on 02/16/2012
If Amanda Knox decides to go back to Italy, they won't put her in Prison. They would probably put her on display at the National Pet Rock Museum.
05:40 AM on 02/16/2012
Why would they want her back? After the acquittal a poll result showed that more than 80% of those who participated believed her to be guilty despite Hellmann's acquittal.

Even if we assume for a moment she wasn't guilty, she is someone who accused an innocent man of rape and murder, didn't recant her false accusation, she didn't apologized to Patrick Lumumba and her parents lied for her like troopers. Amanda Knox didn't show any sympathy for Meredith's family and described her death with the words "bleargh" and "yuck". Last thing we know from Amanda, after a short episode of accusing the prison warden of sexual advances, is that she wants to sell a "tell-all" book about the murder she supposedly didn't commit.

I cannot imagine anyone who would want someone like that.
07:06 AM on 02/16/2012
@ThomasY
"Even if we assume for a moment she wasn't guilty,"

The evidence has been clear from the beginning that Amanda and Raffaele are innocent.

---

"she is someone who accused an innocent man of rape and murder,"

Only because the Italian Police would not stop hitting her in the head until she did.

---

"didn't recant her false accusation,"

She retracted it in writing the very next day.

---

"she didn't apologized to Patrick Lumumba"

Yes she did.

I'm not sure why she felt she needed to, as it was hardly her fault, and since Lumumba has been such a creep, but she did so anyway.

---

"and her parents lied for her like troopers."

Nope. Neither Amanda nor her parents told any lies.

---

"Amanda Knox didn't show any sympathy for Meredith's family"

Yes she did.

Like I said above with Lumumba, I'm not sure why though, given the atrocious way the Kerchers have acted.

I guess Amanda's a better person than I am.
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jackbutler5555
08:04 AM on 02/16/2012
What poll was that?
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Ergon
Man From Atlan
10:16 PM on 02/15/2012
Those who keep nattering on about Massei and Hellmann forget the Supreme Court has already concluded that Guede did not murder Meredith on his own. Now wonder they don't mention the Giordano report.
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Gonzo36
Pro-awesome!
10:52 PM on 02/15/2012
It is possible Guede did not murder Meredith on his own. But that does NOT mean either Knox or Sollecito were the others who helped him.
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kcmookie
This is like a bad habit.....
10:18 AM on 02/16/2012
DING! A succinct rejection.
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Footwarrior
Progressive Apparatchik
01:21 AM on 02/16/2012
Most of us understand that implying that others participated in the murder was in the interest of both the prosecution and Guede's defense. The Supreme Court merely went along with with the agreement by both sides.
08:15 PM on 02/15/2012
Another look at the misconception Amanda Knox wouldn't face extradition even if ultimately convicted for the murder of Meredith Kercher:

http://law.marquette.edu/facultyblog/2011/10/05/amanda-knox-and-the-u-s-italian-extradition-treaty/
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Gonzo36
Pro-awesome!
10:05 PM on 02/15/2012
Did you bother to read the comments? Because it is pretty much concluded that under article VI, she wouldn't be extradited. In addition, the author doesn't seem to understand that the ISC can only have a new trial- not reinstate the original verdict. So it the author isn't one to be too trusted when it comes to Italian law. On the other hand, I am an expert. (the last sentence is a joke)
05:25 AM on 02/16/2012
Yes, I did bother to read the comments. Here is a pearl from a Knox supporter:

"I suggest we invite the Italian cowards to come to the US to get Amanda. They will meet more armed Americans than they have seen since Anzio Beach."

The author of the article has a better understanding of the extradition treaty than a layman Knox supporter. In his opinion it is a problem if the Supreme Court doesn't side with Hellmann's acquittal.

Until the Supreme Court hasn't ruled, the verdict and therefore the acquittal isn't final.

Nothing has changed. She is not going to be accused again of a crime she has already been convicted of, the due process of law is simply still ongoing until the Supreme Court is satisfied. Once the Supreme Court gives its blessing to either an acquittal or a conviction, it's final.
This comment has been removed due to violations of our [Guidelines]
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Gonzo36
Pro-awesome!
08:12 PM on 02/15/2012
It does not matter if Knox 'confessed' or not. Without evidence to support her so called 'confession' the courts can't convict her. Does anyone remember the guy who confessed to killing Jon Benet Ramsey? He fully confessed and then the police did some fact checking and it turns out he was in a different state on the night JB died. He didn't do it. Confessions without evidence are nothing. And there is no evidence that Knox killed Meredith. Let me repeat that: There is NO EVIDENCE that Knox killed Meredith. No witness. No DNA. No Motive. No fingerprints. No murder weapon. Nothing connects her to the murder except the imagination of the prosecutor. Nothing.

On the other hand we have Guede. He had a history of breaking and entering. His DNA was found inside of Meredith, on her clothing, and on her handbag. His bloody handprint was found on the wall of her room. His shoeprints were found leading away from her room. His feces were found in the toilet. There was no reason Guede should have been in that apartment, let alone in Meredith's room. No other evidence of any other person was found in the room where Meredith was killed. Let me repeat that: NO other evidence of another person in Meredith's room was found. None.

Guede killed Meredith. That is what the EVIDENCE suggests. Nothing else matters. Only the evidence.
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kcmookie
This is like a bad habit.....
10:23 AM on 02/16/2012
We have a host of folks here who believe she is guilty. Why haven't any of them attempted to refute you Gonzo? I guess you can't overcome FACTS using innuendos and vaguaries.
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Gonzo36
Pro-awesome!
11:50 AM on 02/16/2012
I was thinking the same thing :)
11:52 AM on 02/16/2012
And you can't overcome omissions, either.

There was more than one person present when Meredith was raped and murdered.