Continuation Part Seven: Discussion of the Amanda Knox/Raffaele Sollecito case

[jhunter1163]

Another country cannot just come in and ask the United States to hand over one of its citizens without expecting to have its request examined with a fine tooth comb. The average lawyer doesn't even need one to see what's wrong with this case.

She's been convicted of murder. That's all the State Department will need to see. They'll send her back. If she wants to go the fugitive route, that's up to her.

That being said, I think we are in for another year or more of appeals and drama, and who knows what verdict at the end of it all.

 

[js202]

Assuming the sentence is upheld after appeal, which (granted) is a rather large assumption, she will be going back. The US government asks Italy for extradition quite frequently; it's very unlikely that the US would not reciprocate if asked.

Of course, this sentence will most certainly be upheld by the ISC. Not sure of the future of appeals in Italy. Not sure an Italian would really know.

I stand by my opinion - this case represents special circumstances. Easily as special as those that led the US Government to allow the Marine Corps to try the American pilot from the Cavelese incident at home, rather than sending him to Italy.

 

[Mary_H]

what a mess

both sides have been battered from pillar to post through these trials. Guilty, not guilty, guilty! the appeal will probably get not guilty.

i was a guilter from the start but interested to know what made this court decide she was in fact guilty after all.

As Bill Williams said, it will be something new and different from the previous sets of judges. Their motto: "This is a rock solid case of guilt, but we're not sure what the defendants are guilty of."

 

[The Central Scrutinizer]

Yes, she will have a terrible life, but I believe her to be innocent.

Interesting choice of terms.

ETA I am agreeing with you that her future is going to be tragic and sad but I am not agreeing with your tasteless remarks which should belong in a PGP site.

I'm not sure what security and encryption has to do with this case, but whatever. Is PGP part of the conspiracy or something?

 

[Kaosium]

She's been convicted of murder. That's all the State Department will need to see. They'll send her back. If she wants to go the fugitive route, that's up to her.

That being said, I think we are in for another year or more of appeals and drama, and who knows what verdict at the end of it all.

As to the latter you may be right, as to the former, you're wrong about the nature of extradition. It's not automatic that it even goes to the courts. They can point blank be told no.

 

[Bill Williams]

Assuming the sentence is upheld after appeal, which (granted) is a rather large assumption, she will be going back. The US government asks Italy for extradition quite frequently; it's very unlikely that the US would not reciprocate if asked.

That's how I see it too.

She can make a very compelling case that she was framed and wrongfully convicted. And that case won't be adjudicated in Italy.

 

[charlatan]

A delay in extradition won't help AK. By then the case will not be generating heat, and public support will have diminished.

Was it Nick Pisa who pointed out this case has been dragging on (and making front page headlines) longer than WWII?

 

[acbytesla]

When the SC confirms the verdict she will once again be a identified as a murderer. With or without extradition the family and Meredith have been heard.

And the vast majority of people will still think they are innocent.

 

[js202]

Another country cannot just come in and ask the United States to hand over one of its citizens without expecting to have its request examined with a fine tooth comb. The average lawyer doesn't even need one to see what's wrong with this case.

My understanding is that the prosecutors will need to present their case to the State Department. This is not a pro forma case. With its abrogation of the protection from double-jeopardy, it flies in the face of a pillar of our society.

 

[toto]

Interesting choice of terms.



I'm not sure what security and encryption has to do with this case, but whatever. Is PGP part of the conspiracy or something?

It's a polite way of referring to a Pro Guilty Site. Not coined by me, but one would regard the Injustice in Perugia site as a PIP site (Pro innocence Site). This site is a neutral site and takes all arguments. This is by far the best site to read and discuss topics like this, although the other sites have been helpful in providing transcripts etc.

 

[Mary_H]

She's been convicted of murder. That's all the State Department will need to see. They'll send her back. If she wants to go the fugitive route, that's up to her.<snip>

The way Kenneth Bae is convicted of trying to overthrow the government of North Korea? The way Jason Puracal was convicted of drug trafficking in Nicaragua? The way the hikers in Iran were convicted of spying for the CIA?

Give the State Department a little more credit than just looking at what they "will need to see."

 

[acbytesla]

She's been convicted of murder. That's all the State Department will need to see. They'll send her back. If she wants to go the fugitive route, that's up to her.

That being said, I think we are in for another year or more of appeals and drama, and who knows what verdict at the end of it all.

It will take the ISC another year to confirm the case and then there is the ECHR. There is also the extradition procedure in the US which could easily drag on for years.

 

[toto]

Interesting choice of terms.

Glad you are interested.

 

[anglolawyer]

Of course, this sentence will most certainly be upheld by the ISC. Not sure of the future of appeals in Italy. Not sure an Italian would really know.

I stand by my opinion - this case represents special circumstances. Easily as special as those that led the US Government to allow the Marine Corps to try the American pilot from the Cavelese incident at home, rather than sending him to Italy.

Even I am off the fence on this one. They have no chance in the ISC but will have to appeal there before going to the ECHR, Raffaele, at least, being incarcerated meanwhile most probably.

The defence teams should have been changed after they lost in Cassazione and MUST be changed now. The case is not about politesse but sordid corruption. The strategy of non-confrontation has failed and it is time to call liars liars.

 

[CoulsdonUK]

Curiously the US news channels I have access to here (Fox, CNN, ABC and MSNBC) etc didn’t lead with the verdict; the Boston bomber and Justin Beiber lead, I guess that will change.

 

[crescent]

She's been convicted of murder. That's all the State Department will need to see. They'll send her back. If she wants to go the fugitive route, that's up to her.

She is protected by the U.S. Constitution. Under double jeopardy, she could not have been tried the third time here. She still has that right, the failure of a foreign government to recognize that right will probably be enough to prevent extradition.

 

[NoahFence]

She is protected by the U.S. Constitution. Under double jeopardy, she could not have been tried the third time here. She still has that right, the failure of a foreign government to recognize that right will probably be enough to prevent extradition.

Lets hope so.

 

[lionking]

She is protected by the U.S. Constitution. Under double jeopardy, she could not have been tried the third time here. She still has that right, the failure of a foreign government to recognize that right will probably be enough to prevent extradition.

She wasn't tried a third time, it was the third stage of the process. Double jeopardy doesn't apply.

 

[acbytesla]

Curiously the US news channels I have access to here (Fox, CNN, ABC and MSNBC) etc didn’t lead with the verdict; the Boston bomber and Justin Beiber lead, I guess that will change.

The Boston bomber is bigger news. NBC has the Knox story second in the upper right hand corner.

 

[Kaosium]

She wasn't tried a third time, it was the third stage of the process. Double jeopardy doesn't apply.

Says who?