Always before during their journey through the Italian justice system boyfriend Rafaelle Sollecito gave American Amanda Knox an alibi, claiming she was with him on the fateful night her roommate was murdered, according to CNN news. That meant that she couldn't have committed the murder of Meredith Kercher in their apartment if she was with Sollecito at his place.
However, that alibi has now been eviscerated, according to his attorneys who filed motions to that effect recently. There has always been some speculation in the European news media that Rafaelle had lied on the witness stand because he was smitten with the pretty University of Washington student. Is he now finally telling the truth?
As for Knox, this retraction by Sollecito comes at a somewhat bad time because the Court of Cassation (Italy's Supreme Court) is now considering the merits of her appeal from her conviction for murdering her British exchange student roommate in Perugia, Italy.
This latest news certainly can't help her chances of having her conviction reversed. If the Court believes it though, it might conceivably throw out Sollecito's conviction for murder.
Knox, though is dating a guitar player while plowing through textbooks at the Seattle university, which leaves her a long way from Italian justice even if her conviction is affirmed. She has vowed she will never voluntarily return to the land shaped like a boot. She doesn't intend to serve her 28-year prison sentence.
Ivory Coast native Rudy Guede was tried separately and is currently serving a 16-year prison sentence for his involvement in the famous murder. Kercher was found in what the Italian court termed a "lake of blood" in Knox's and her apartment.
The presiding justice of the most recent trial said, "We probably we wouldn't even be here today if Amanda had gone to work that night as scheduled."
She was supposed to be at work at 8 p.m. at a bar, but she never showed that fateful night.
If Knox's murder conviction is upheld, she will have to be extradited by the Italian government in order for her to be forced to serve her sentence. Harvard Law Professor Alan Dershowitz said legally the U.S. would have to send her back. The U.S. has an extradition treaty with Italy. If the U.S. refused to honor our treaty with the Italians, then Italy would possibly retaliate by refusing to extradite criminals in that country to America.
Defenders of Knox have said double jeopardy might protect her from extradition. Dershowitz said that isn't true. She's been convicted twice. The only time her conviction was overturned was by an appellate court and that does not equal double jeopardy even in the United States.
Double jeopardy in the U.S. system occurs if a defendant is found not guilty at the trial court level either by a jury or a court. A reversal by an appeals court does not equal double jeopardy.
Dershowitz also said he would not want his son to date Knox based on any belief she is innocent of the murder charge against her.
Peculiar behavior including turning cartwheels and doing somersaults in an Italian police station after the murder have caused many in that country to wonder about her attitude.
Secretary of State John Kerry may be the person who makes the ultimate decision as to whether or not she is extradited to serve her sentence if her conviction is affirmed. As head of the State Department, he would have authority to determine if the U.S. should honor its treaty with the Italian government.
It will be interesting to see what the Court of Cassation decides. They are expected to render their decision sometime in the year 2014.
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