The Second Version

02/04/13

The Continuing Knox-Sollecito Trial

It seemed it was finally over, after the acquittal by the appeal court, but it ain't, the Knox-Sollecito trial is bound to continue after Italy's High Court nullified the appeal sentence.

I see some Americans are getting it wrong: the High Court did not declare that Amanda Knox is guilty; rather it declared the acquittal sentence to be null and void and ordered another appeal trial in front of a different appeal court (the one in Firenze).

The reasons for this decision are not know in detail yet (they must be published within 90 days), but it appears the High Court accepted in full the claims made by the state prosecutor - who insisted that the appeal trial was conducted properly and the court did not weigh evidence for and against fairly, with a prejudice in favor of the defendants. And, even more frighteningly, that being there no certain elements in the case, the acquittal showed a prejudice.

Prejudice for the presumption of innocence, I'd say, but obviously I'm not a prosecutor.

Yes, no new evidence or facts were presented to the High Court, only more ruminations on the same old facts and evidence.

A curious fact of Italy is that state prosecutors often cannot let go of their pet peeves and would rahter see an innocent in jail that admitting they were wrong. So, after an appeal trial demonstrates that their case is full of holes, often state try to have the sentence declared null and void by the High Court.

And despite what it may seem, this re-trial is not double jeopardy according to Italian law.

So far Meredith Know has not been asked officially to return to Italy for her re-trial, and I think she'd better do anything in her power to stay out of Italy

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