Italian Supreme Court Judges Order Retrial of Amanda Knox Case

The Supreme Court of Italy has ordered a new trial on Tuesday for Amanda Knox. She was convicted for the murder of Meredith Kercher, a British student and her roommate in 2007. She had been imprisoned and later acquitted. She had already served four of her 26-year sentence in a prison in Perugia, located in Umbria, Italy since 2009 before her acquittal in 2011. She has also returned to the United States and is enrolled at the University of Washington. Raffaele Sollecito, her Italian ex-boyfriend was likewise convicted for her roommate’s murder but received a sentence of 25 years.

Is she facing extradition?

Prosecutors have argued against the appellate court’s acquittal of Ms. Knox. They said that the appellate court in Perugia dismissed the DNA test results on a knife as well as the DNA traces on Ms. Kercher’s brassiere. They were also arguing over the court’s dismissiveness about the tests done on bloodstains found in the bathroom and bedroom.

The new trial, which will be moved to Florence because there is only one appellate court in Perugia is guaranteed to be lengthy and expensive because it could be drawn out for a few years.

Add to that the schedule of the date for the new appeals court trial for the two main personalities, Sollecito and Knox.

Amanda Knox had hoped that this Supreme Court ruling would put an end to her ordeal and her innocence will be upheld, but as it stands, the trial could be set by early part of next year. If found guilty and the conviction is upheld by the Italian Supreme Court, then the court could request for her extradition and send her back to jail. Even if it turns out to be a double jeopardy, an extradition request is likely.

She and her ex-boyfriend have two chances to make the appeal, in case they lose in the first one.

No intention of going back to Italy

Ms. Knox does not intend to go back to Italy for the new proceedings, which would be disadvantageous for her and her lawyers. Even if there is no additional penalty, the appellate court could declare her “in contempt of court.” She negates her right to testify for herself and would not be able to avail of “spontaneous declarations,” which is available in Italian court for a defendant to give a statement in his defense against a specific testimony.

Slander case

The slander case filed against her by a local pub owner, Patrick Lumumba, who she said killed her roommate had also been upheld by the court last Tuesday. She was ordered to pay Lumumba 4,000 euros or US$5,500 and the cost of the case proceedings which she lost. She will not be made to serve the three-year sentence for slander because she had already served that during her incarceration.

Publication of reasoning

The reason behind the decision for the new trial will be published in 90 days, according to Judge Saverio Chieffi. The parties then are given 45 days to present their case anew. It is expected that the retrial will be scheduled at the early part of 2014.