Revisiting Amanda Knox, What's Next for Her?
Last October, just after the release of Amanda Knox from an Italian prison when an Appeals Court found her and her friend Raffaele Sollecito not guilty for the murder of Meredith Kircher I wrote an article as a Yahoo Contributor asking what's next for Miss Knox. Today it has been reported that the Italian Prosecutor Guiliano Mignini filed a 112-page appeal today seeking to throw out a court ruling that found Knox innocent of her roommate's murder and set her free after four years in an Italian prison.
Quoting parts of an article written by NIKKI BATTISTE | Good Morning America that appeared on Yahoo's internet site the following is taken from her article about the appeal that was filed it states; "The appeal challenges the court's decision to allow an independent review of the forensic evidence on two key pieces of evidence, Kercher's bra clasp that supposedly contained Sollecito's DNA and the alleged murder weapon, which supposedly had both Knox and Kercher's DNA on it. The court declined to allow a review of other evidence, Galati's papers said."
"Knox and Sollecito were freed after the independent review found that DNA evidence was badly mishandled, could have been contaminated and was so minute it was not legally credible."
"In setting aside Knox and Sollecito's convictions, the court said the prosecutor's allegation "was not corroborated by any objective element of evidence and in itself was not, in fact probable: the sudden choice of two young people, good and open to other people, to do evil for evil's sake, just like that, without another reason."
"Today's appeal came more than four month's after Knox, 24, and Sollecito, 27, were freed in a dramatic ruling in Perugia, Italy."
This brings me back to the questions and observations I had when I wrote my original article about Amanda Knox and what lies ahead for her and want to ask them again. As a father of a murdered son who like all the participants in this or any murder trial have been forced to experience a crash course in the criminal justice system, I am very intrigued by what happens next. While my journey through the American Justice System was not as extensive as is the case for this trial because the crime took place in another country and one of the accused, Amanda Knox being an American citizen has been forced to deal with a system that is drastically different from the American Criminal Justice System, one can only speculate what other roads her journey will take her down. Her rights guaranteed by the U.S. Constitution when compared to those afforded to persons accused of crime in Italy are at distinct odds as what the investigation, trial process, sentencing and appeals would be here in the U.S. This being said as an interested observer, I have questions what comes next for Miss Knox and the ramifications of any future proceedings if they are required to take place.
As has been reported, the Italian Prosecutor, Guiliano Mignini has now filed an appeal seeking to reverse the appeals court's decision that allowed Miss Knox and Mr. Sollecito's earlier conviction to be overturned, permitting them to go free. As my research and what I have read in various news accounts reveal no appeal can be filed by Mr. Mignini until the court that overturned their conviction publishes a formal explanation of (its) decision, and as I understand this could take a few months before it will go to Italy's highest court for review. Then, if Italy's highest court overturns the acquittal Mr. Mignini would be free to request that Miss Knox be extradited back to Italy to finish whatever remained of her sentence which could be increased to life in prison instead of the 26 years she was originally sentenced to. It is also up to the Italian Government to decide whether such a request (for extradition) is made. I don't know if they are legally obligated to request extradition or if they have the discretion not to do so.
When writing my earlier article I researched the existing (I believe) Extradition Treaty between the U.S. and Italy signed in Rome on October 13, 1983 during the Reagan Administration and I would imagine and hope the dialogue concerning what happens next will be considerable, not only in the court of public opinion and discussion but also in the legal community as I feel certain it will be required to be as well. I hope my questions and observations I am trying to make in this article will be answered, and I also would like to think they are or would be considered salient and articulate.
For the sake of argument in a worst case scenario for Miss Knox, the Italian High Court overturns the appeals court's decision could the U.S. Government refuse her extradition under the provisions of Article VI of the Extradition Treaty, "Non Bis in Idem" which states in part "Extradition shall not be granted when the person sought has been convicted, acquitted or pardoned" as she was? If Italy's extradition request was granted would Miss Knox have her U.S. Constitutional rights take precedence prohibiting "double jeopardy" even though it is allowed under Italian law? Could or would the U.S. State or Justice Department make this argument on her behalf? Could her attorneys argue this point?
While I am only an interested person who has experienced the intricacies of the American Criminal Justice system as a survivor of a murder victim I am not an attorney, and would be interested in hearing what others who have a knowledgeable legal background that could answer my questions. Also, while I am not even remotely versed in it and given various happenings during the course of this trial no matter the final outcome I hope true and correct justice will prevail.
I welcome anyone's comments as to what may or may not lay ahead for Amanda Knox purely and strictly from a legal standpoint and her U.S. Constitutional rights. Not whether what one's opinion might be if she is innocent or got away with murder as I believe this matter will ultimately be decided by a much higher court.
To see my earlier article please go to http://voices.yahoo.com/amanda-knox-lies-ahead-10162689.html?cat=17
No comments:
Post a Comment