Knox to Be Extradited? Analysts Disagree Whether 25 Year Old Will Need To Stand Trial Again After Italian Court Overturns Her Acquittal

Legal experts disagreed on the likelihood as to whether Amanda Knox will be extradited to Italy after the Court of Cassation, Italy's top criminal court, overturned her acquittal for the 2007 killing of her British roommate Meredith Kercher. The court has ordered for a new trial. She was convicted in 2009 of the murder Kercher's, but a jury overturned the conviction in 2011. She currently lives in Seattle, studying Creative Writing at the University of Washington, family spokesman David Marriott said.

Sean Casey, a former prosecutor who works as a partner at Kobre and Kim, cited an extradition treaty between the U.S. and Italy: "Extradition shall not be granted when the person has been convicted, acquitted or pardoned, or has served the sentence imposed, by the Requested Party for the same acts for which extradition is requested."

"Under U.S. law, she was one put in jeopardy and later acquitted. Under the treaty, extradition should not be granted."

Knox may also be protected on another level, Casey argued, "her original verdict was so terribly flawed by prosecutorial overreaching," noting that the appellate court that overturned the original conviction marked those flaws in a report that was over than 100 pages.

Harvard Law Professor disagreed with Casey's analysis, saying Italian prosecutors may indeed extradite Knox, and if retried, she "likely will be found guilty - because the evidence supporting a conviction is pretty strong."

Knox gained her support "because she has a beautiful face and an angelic appearance," Dershowitz said. "But remember, she originally admitted she was at the scene of the crime and she tried to blame an innocent man - for which she was convicted.... at a second trial, there's a very high likelihood that they may very well convict her."

"I don't think the U.S. will allow that to happen [referring to an extradition] but the only problem is that by the U.S making that decision -of keeping her in the U.S. and having Italy do the trial without her- it could put the the two countries into uncharted territory which will not be good," Julie P, a paralegal in South Carolina said.  

At the hearing on Monday, prosecutor Luigi Riello said that freeing Knox was a "violation of the law which must be annulled. I believe all the premises are there to make sure the final curtain does not drop on this shocking and dire crime," he told the judges.

"No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity,"Amanda Knox said.

Julie P, a paralegal in South Carolina believes that an extradition is not likely. "I don't think the U.S. will allow that to happen but the only problem is that the US making that decision of keeping her in the US and having Italy do the trial without her could put the U.S. and Italy into uncharted territory which will not be good," she said. 

At the hearing Monday, prosecutor Luigi Riello said that freeing Knox was a "violation of the law which must be annulled. I believe all the premises are there to make sure the final curtain does not drop on this shocking and dire crime," he told the judges.

The Knox family issued a statement through a family spokesman. "No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity,"

Tags

Amanda Knox Trial, Extradition, Italian Court, Murder Case, Alan Dershowitz

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