Amanda Knox Redux (Updated)(x3)

It appears from press reports to be all but certain that Amanda Knox will come out of the Italian Justice system a convicted murderess.  It is at least equally certain that this is the wrong result.

The British tabloids have been braying for Knox all along for their own reasons, but I suppose it’s notable that the lowest of the low in British tabloids are still more than a cut above the Arizonan uncivilized mob frenzy surrounding Jodi Arias.

In the latest installment, in any case, the Daily Mail is spinning some kind of last minute filing by Rafaelle Sollecito (Knox’s former Italian boyfriend), also in the dock, as being a “brutal” act of distancing himself from his former lover to save his own skin.  That’s quite a dramatic characterization, but hardly seems to fit:  most of what they quote is pretty much what Sollecito has been saying all along.

The Mail article does not say, but as I recall Sollecito must be in prison back in Italy. That adds a level of pressure not present for Knox at the moment:  Knox fled at her first opportunity, and apparently will go back to an Italian prison only if extradited by the United States pursuant to treaty:

If convicted [that is the all-but-certainty we have been discussing – ed.], Knox could face immediate extradition proceedings and her supporters fear the worst.

One supporter told MailOnline they were prepared for what would be the ‘greatest miscarriage of justice’ that has ever happened to a US citizen.

Well, that last part would seem to be hyperbole.  There are worse injustices.  And very similar ones.  Mostly we do it to our own citizens.  Does that make it better, or worse?

Or does it matter at all?

Update:  Apparently all kinds of things can happen in the highest Italian court.  Meaning this could go on and on, even from here:
The high court judge at the hearing this week will either uphold the convictions definitively, or send the case back for another appeal, or potentially on to a different section of the high court.
I wouldn’t be at all surprised that they just kick the can down the road a little more.  Institutionally, the potential for embarrassment either way they go is so high it’s the easiest course.  For them.  Not for the people in the dock.
Update 2:  Maybe nothing until Friday now.  The Italians certainly know how to generate drama through their court system.
Update 3:  Is the delay to hear only from Sollecito’s lawyers,
but not AK’s?  That doesn’t sound good, but that’s what the BBC is reporting.
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7 Comments

Filed under Uncategorized, wrongful convictions

7 responses to “Amanda Knox Redux (Updated)(x3)

  1. chrishalkides

    Raffaele Sollecito is free because he remains innocent until and unless the SCC confirms his conviction. I would not say that Amanda Knox fled; she was free to go as of October of 2011. Given the nature of the 2013 ruling by the SCC, she would have been foolish to go back. IMO the 2013 all but directed the Florence court to convict the pair. It is one of the highest profile miscarriages of justice of which I am aware. The case against, for example, Russ Faria is even more ridiculous, but is less high-profile

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    • Yes, ‘fled’ is probably the wrong word to use, you’re quite right.

      But what do you think? Does the high profile help, or hurt? From a defense point of view it seems to hurt. The people who relish guilt and punishment always seem to far outnumber and far out-shout their opposition.

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      • chrishalkides

        I think it helps not to let an unsafe conviction fall off the radar screen entirely, because only a few jurisdictions have a group whose job it is to look for them. The North Carolina Commission on Actual Innocence is one such group. However, the strange behavior of the pro-guilt faction is a compensating disadvantage.

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      • One advantage that a high profile case has is that it will attract experts who might be seeking some sort of reform. Dr. Peter Gill has been speaking out about the DNA evidence of the case in his book and in interviews. In the area of DNA forensics, he is one of the best in the world.

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  2. I find this article trivial and superficial which is a pity as it appears to come from somebody using the word ‘lawyer’ in the blog title. This simply demeans the profession. I cannot imagine why you felt the need to air these unfounded musings.

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    • I posted some more detailed things way back. You can find them if you’re interested, it’s too long ago for me to have an instant command of the details. Not to mention that for me it’s just tedious at this point. I have unfortunately come to understand that there are people out there who like to believe others guilty, for whatever reason. Any modicum of proof is enough to run to the finish line with few if any questions asked. I do not fully understand, outside some kind of demi religious fervor, WHY these people are this way. Maybe there’s no single reason.

      What I can tell you is that having reviewed the Hellman opinion at one point, which of course also reviewed the previous guilt finding in some detail, and having followed people’s arguments about the evidence, it is quite clear that the belief in AK’s guilt, while not entirely without foundation, is so far from being what I would consider proven that extensive discussion of it is not warranted. At least not here.

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  3. 1) Are the US federal courts likely to delay or deny a request for Knox’s extradition on procedural, human rights, or factual innocence grounds?

    2) Is Knox at any legal advantage in challenging extradition as a US citizen without dual Italian citizenship, including de facto advantage not provided for by the text of the extradition treaty?

    The case so far has been an unconscionable mess. Given how often the US government has abrogated treaties for craven advantage over other nations (e.g., various Indian treaties), these seem like very appropriate circumstances to refuse to honor the extradition treaty with Italy on overriding grounds of human rights and the rule of law.

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