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  1. #81

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    Amanda Knox, Meredith Kercher retrial

    I think the loophole is that Amanda was released because of lack of evidence to convict but she was not actually found innocent. Is that right? So the Italian courts can retry the case since she has not been found to be innocent yet.
    -Brian
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  2. #82

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    Quote Originally Posted by michiruwater View Post
    In American law you cannot be retried for the same crime because of double jeopardy. But I thought the last time someone asked that someone else pointed out that this isn't quite the same thing? Not sure.
    Quote Originally Posted by BigB08822 View Post
    I think the loophole is that Amanda was released because of lack of evidence to convict but she was not actually found innocent. Is that right? So the Italian courts can retry the case since she has not been found to be innocent yet.
    I could be wrong, but I think it's all different levels of appeal. The highest court/final appeal has overturned the acquittal, so in the Italian system they retry completely as the final appeal. I think.

    As for the Kerchers: some things to remember. While Amanda has a $4 million book detail (which she may well deserve), they weren't able to afford the trip to Italy for the trial - they only saw parts of it. IIRC they weren't able to be there when the Knox/Sollecito convictions were overturned. All they know is that it was a trial marred with errors and a lot of it hashed out between US media depicting Amanda as a wronged victim while the British media painted her as a she-devil. The truth is probably somewhere in the middle - there's no evidence she was involved in the murder, but she was young and didn't know how to react and behaved inappropriately which caused some suspicion...mainly because she pointed the finger at some completely innocent guy. She admits now it was wrong, but the Amanda of then was no angel.

    Then we have Rudy Guede, who confessed but still insists the others were involved. Implicating them reduced his own sentence, so it's suspicious to begin with. Finally, the forensic evidence doesn't match up.

    The result is an epic cock up for all involved. Yes, it's painful for Amanda, but she at least has the comfort of knowing the truth about what happened regardless of what any court says. The Kerchers don't have that. All they have is the hope that this trial will finally bring them some closure, without mistakes about DNA or the weapon.
    One day your life will flash before your eyes. Make sure it's worth watching.

  3. #83

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    That's a good perspective on the situation, particularly the last paragraph. Also Amanda is safely home with her family. Kercher's family can never become whole. I feel sympathy for both sides.

  4. #84
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    Quote Originally Posted by *Jen* View Post
    They aren't the ones who caused the new trial. They're just the people who lost their daughter in the most brutal way imaginable, and the man convicted of it still says that Amanda and Rafaele were involved.
    Not initially. He claimed he found some unknown man over Meredith with a knife, they wrestled, but the guy got away. Once Amanda and Rafaele were accused, Guede then joined the bandwagon.

    But regardless, DNA doesn't lie. As I said before, the focus of the Kercher family should be getting Guede's reduced sentenced overturned. Reportedly, he'll be up for parole in 2016!!

  5. #85

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    Quote Originally Posted by *Jen* View Post

    As for the Kerchers: some things to remember. While Amanda has a $4 million book detail (which she may well deserve), they weren't able to afford the trip to Italy for the trial - they only saw parts of it. IIRC they weren't able to be there when the Knox/Sollecito convictions were overturned.
    As was said on the interview last night, the $4 million book deal is going to just cover all the expenses Amanda's family has incurred paying for her defense and mortgaging everything to death to afford all the trips to Italy. I am sure the Kercher's wanted to be at the trial in Italy but it isn't as if Amanda is running off as a millionaire after all of this. Even if she did, if she is indeed innocent then I could care less if she is set for life, she already paid a big enough price for something she didn't do.
    -Brian
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  6. #86

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    Does Amanda have to return to Italy for the trial, does she want to, is it mandatory?

  7. #87

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    Quote Originally Posted by Lacey View Post
    Does Amanda have to return to Italy for the trial, does she want to, is it mandatory?
    She is not required to be at the trial and even if Italy did require attendance they would almost surely be unable to have the U.S. extradite her.
    -Brian
    "Michelle would never be caught with sausage grease staining her Vera Wang." - rfisher

  8. #88

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    Quote Originally Posted by BigB08822 View Post
    As was said on the interview last night, the $4 million book deal is going to just cover all the expenses Amanda's family has incurred paying for her defense and mortgaging everything to death to afford all the trips to Italy. I am sure the Kercher's wanted to be at the trial in Italy but it isn't as if Amanda is running off as a millionaire after all of this. Even if she did, if she is indeed innocent then I could care less if she is set for life, she already paid a big enough price for something she didn't do.
    Not quite. When she was released her family said they spent $1 million, and the advance alone is worth $4 million. Saying now that she's not making money from it is probably just to cover the criticism. I know her legal fees will rise with the new trial, but it won't be more than another $1 million and the $4m is the advance - she will probably make more money from it.

    And yes, if she is innocent - so what? She deserves it.

    The point, however, has nothing to do with what you or I think of the money. The point is what the Kerchers think of it - they lost their daughter and couldn't afford to go to the trial so you can see how they might not see the justice in that. From their point of view, there is no way that Amanda has suffered more than that family. She had a 4 year ordeal and is now free since she can't be forced to go back there for the trial and the US is unlikely to extradite her. Meredith's family have got a life of wondering what the hell happened to their daughter. There's no multi million dollar book deal, currently no closure, and no end to their pain, so I can see why they would want a new trial.
    Last edited by *Jen*; 05-02-2013 at 08:58 PM.
    One day your life will flash before your eyes. Make sure it's worth watching.

  9. #89

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    Quote Originally Posted by *Jen* View Post
    Not quite. When she was released her family said they spent $1 million, and the advance alone is worth $4 million. Saying now that she's not making money from it is probably just to cover the criticism. I know her legal fees will rise with the new trial, but it won't be more than another $1 million and the $4m is the advance - she will probably make more money from it.

    And yes, if she is innocent - so what? She deserves it.

    The point, however, has nothing to do with what you or I think of the money. The point is what the Kerchers think of it - they lost their daughter and couldn't afford to go to the trial so you can see how they might not see the justice in that. From their point of view, there is no way that Amanda has suffered more than that family. She had a 4 year ordeal and is now free since she can't be forced to go back there for the trial and the US is unlikely to extradite her. Meredith's family have got a life of wondering what the hell happened to their daughter. There's no multi million dollar book deal, currently no closure, and no end to their pain, so I can see why they would want a new trial.
    It's not a matter of comparing the suffering.

    Of course the Kerchers will feel anything that Amanda does is unjust if they believe her to be guilty.

    Since Amanda's family believes her to be innocent, of course they feel like their and Amanda's suffering is unjust, and that they should take advantage of an opportunity to alleviate that suffering, at least from the financial end. Ditto re Amanda, if she knows herself to be innocent.

    This situation is awful. Convicting the wrong person doesn't make it any better. The Italian authorities made an awful situation even worse with their shoddy investigation.

    No one wins here.

    O-

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