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Italy’s Highest Court Overturns Acquittal of Amanda Knox Italy’s Highest Court Overturns Acquittal of Amanda Knox
(about 1 hour later)
ROME — Italy’s highest court on Tuesday ordered a new trial in the case of Amanda Knox, an American exchange student accused of murdering her 21-year-old roommate, Meredith Kercher of Britain, in 2007. .
The judges’ announcement that earlier acquittals had been overturned was greeted by a shocked silence in the courtroom here. Ms. Knox, who now attends the University of Washington in Seattle and had expressed hope that the ordeal was behind her, said through a spokesman that the news of her resurrected prosecution was “painful.” ROME — Italy’s highest court on Tuesday ordered a new trial in the sensational case of Amanda Knox, an American exchange student accused of murdering her 21-year-old roommate, Meredith Kercher of Britain, in 2007.
The ruling by the Court of Cassation means that the case against Ms. Knox and her former boyfriend, Raffaele Sollecito, will be reheard at a new appeals court in Florence either later this year or in 2014. The two were initially convicted in a trial that divided public opinion internationally, but they were acquitted on appeal 18 months ago. Prosecutors then challenged that acquittal. The judges’ announcement that an earlier acquittal had been overturned was greeted by a shocked silence in the courtroom here.
The decision opened another tangled and dramatic chapter in a long-running case whose youthful protagonists, sometimes lurid detail and courtroom spectacle have fascinated many people in the United States, Britain and the rest of Europe. The ruling, by the Court of Cassation, means that the case against Ms. Knox, 25, and a former boyfriend, Raffaele Sollecito, 29, will be reheard at a new appeals court in Florence either later this year or in early 2014. The two were initially convicted in 2009 in a trial that divided public opinion internationally, but were acquitted by an appeals court jury 18 months ago. Prosecutors and lawyers for Ms. Kercher’s family then challenged the acquittal, a step that is is permitted under Italian law.
Ms. Kercher, a 21-year-old exchange student at the University of Perugia, was killed in her bedroom on the night of Nov. 1, 2007. Her half-naked body was found under a duvet, her throat slit. Ms. Knox, a student at the University of Washington, stayed up till 2 a.m. in Seattle waiting for the outcome, said her lawyer, Carlo Dalla Vedova. “She was sad,” he said. “She believed the nightmare was over.”
Ms. Knox, then 20, and Mr. Sollecito, then 24, were arrested days later. They were convicted of murder in December 2009 in a lower court in Perugia and were sentenced to 25 years in prison. Ms. Knox received an extra year for calumny for accusing another man of committing the murder. The decision opened a further tangled and dramatic chapter in a long-running case whose youthful protagonists, sometimes lurid detail and courtroom spectacle have fascinated many people in the United States, Britain and the rest of Europe.
When the convictions were overturned on appeal, the two were released in October 2011. But last year, Italian prosecutors and lawyers for the Kercher family filed an appeal with the Court of Cassation, whose rulings are final. Ms. Knox’s lawyers appealed against the accusation of calumny, but the ruling on Tuesday upheld the charge. But it also highlighted the divide between the legal systems of Italy and the United States, where defendants cannot be tried twice for the same crime after an acquittal or a conviction. Ms. Knox’s lawyer said she was unlikely to appear for a new trial, but she could be tried in absentia. The Italian authorities could seek to extradite her only if her conviction were upheld in the new trial and confirmed by the Court of Cassation, whose decisions are final.
A third man, Rudy Guede, an Ivory Coast native residing in Perugia, was tried separately and sentenced to 16 years. The Court of Cassation rules on questions of procedure, not on the merits of a case or the presumption of guilt or innocence.
The ruling on Tuesday did not call for the rearrest of the two defendants. Carlo Dalla Vedova, Ms. Knox’s lawyer, said she was unlikely to return to Italy for a retrial. “The psychological stress of the case has been heavy,” he said. “I don’t think that she’ll come.” At the time of the killing, Ms. Kercher and Ms. Knox were living in Perugia, north of Rome. Ms. Kercher, an exchange student at the University of Perugia, was killed in her bedroom on the night of Nov. 1, 2007. Her half-naked body was found under a duvet, her throat slit.
Ms. Knox, then a 20-year-old University of Washington student, and Mr. Sollecito, then 23, were arrested days later and convicted of murder in December 2009 in a lower court in Perugia in a case built largely on DNA evidence. Prosecutors had argued that Ms. Kercher had been the reluctant victim of a drug-fueled game of rough sex gone awry, involving Ms. Knox, Mr. Sollecito and a second man, Rudy Guede, an Ivorian residing in Perugia, who was tried separately and sentenced to 16 years. Ms. Knox and Mr. Sollecito were each sentenced to 25 years in prison for the crime, and Ms. Knox received an extra year for slander after she falsely accused another man of committing the murder.
But questions were raised during the appeal about the quality of the forensic evidence, as well as the reliability of some witnesses, and the prosecutors’ theory of the crime.
The convictions were overturned on appeal, and the two were released in October 2011, but last year prosecutors filed an appeal with the Court of Cassation. Ms. Knox’s lawyers appealed the charge of defamation, but the ruling on Tuesday upheld it.
In a statement issued by her media advisers within minutes of the announcement, Ms. Knox said it was “painful” to receive the court’s ruling “when the prosecution’s theory of my involvement in Meredith’s murder has been repeatedly revealed to be completely unfounded and unfair.”In a statement issued by her media advisers within minutes of the announcement, Ms. Knox said it was “painful” to receive the court’s ruling “when the prosecution’s theory of my involvement in Meredith’s murder has been repeatedly revealed to be completely unfounded and unfair.”
“No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity,” the statement said. Mr. Dalla Vedova said the legal reasoning for ordering a new trial was expected from the Court of Cassation within 90 days, and at that point, lawyers would learn “which points of the case will have to be re-examined” in the new appeals trial. “The trial starts from zero,” he said, “and after we see the decisions we will know whether certain witnesses have to be recalled, or evidence retested.”
If the new appeals court upholds the previous conviction and the Court of Cassation confirms it, Mr. Dalla Vedova said, Ms. Knox would have to serve out her sentence. The lawyer said Italian authorities would have to authorize an extradition request and the United States Justice Department would have to approve it.
In Italy, defendants can be tried more than once for the same crime, so protections against double jeopardy do not exist. There is no final ruling in any case until the Court of Cassation has signed off on it, Mr. Dalla Vedova said.
Giulia Bongiorno, a lawyer representing Mr. Sollecito, said in a telephone interview: “The battle continues. In this trial we always had to climb up the mountain.”Giulia Bongiorno, a lawyer representing Mr. Sollecito, said in a telephone interview: “The battle continues. In this trial we always had to climb up the mountain.”
“We feel greatly confident,” she said. “We know that Raffaele is innocent, and we also know this is not a conviction.” A lawyer for the Kercher family, Francesco Maresca, was jubilant.
Ms. Bongiorno said she did not believe that Mr. Sollecito would be sent back to prison. “This is marvelous,” he said. “I had faith in the Court of Cassation. I was sure it would annul the acquittal.”
A lawyer for the Kercher family was jubilant. Mr. Maresca said the Kercher family had not traveled to Rome for the latest hearings because Arline Kercher, the victim’s mother, was unwell. In a statement, Stephanie Kercher, the victim’s sister, said there were still many unanswered questions. “Understanding the truth about what happened that night is all that we can do for her,” she said. As a family, “we still have a long trip ahead of us, but it is the only one that will allow Meredith to rest in peace.”
“This is marvelous,” said the lawyer, Francesco Maresca. “I am very happy. I had faith in the Court of Cassation. I was sure it would annul the acquittal.” HarperCollins said it still planned to publish Ms. Knox’s book, “Waiting to Be Heard,” as planned on April 30 and was moving ahead with scheduled TV interviews.
He added: “This ruling gives justice the chance to re-establish the truth. No matter what’s said, more than one person committed this crime.” From the start, the case drew intense media coverage. In the United States, the news media frequently portrayed Ms. Knox as a naïve American wrongly caught up in the morass of a dysfunctional Italian legal system. British newspapers covered the case obsessively at every twist and turn, often from the point of view of the Kercher family’s anguish.
Mr. Maresca said the Kercher family did not travel to Rome for the latest hearings because Arline Kercher, the victim’s mother, was unwell. Mr. Sollecito has been living in Verona, Italy, where he is getting a degree in computer engineering. He did not come to the hearing. “He didn’t want to get caught up in this mob scene, he didn’t want to be here,” his father, Francesco Sollecito, said at the courthouse on Monday. On Tuesday, a reporter from Italian Sky TG24 television managed to reach Mr. Sollecito on the telephone. “Right now, I can’t talk,” he said in a shaky voice. “I am sorry, have a good day.”
Mr. Dalla Vedova, Ms. Knox’s lawyer, said his client was in Seattle and had stayed up waiting for the outcome until 2 a.m. local time. “She was sad,” the lawyer said. “She believed the nightmare was over.” But a day of hearings on Monday about the case “went on for so long,” he added, “it became clear that there was going to be further harassment against this young girl.”
Ms. Knox “is ready for a new trial; she’s gone through this before,” Mr. Dalla Vedova said. “She’s ready to fight.”
Mr. Dalla Vedova said that the precise reason the new trial was ordered was expected from the Court of Cassation within 90 days, and that lawyers would then learn “which points will have to be re-examined.” “It could be the DNA, witnesses or a footprint” that needs clarification, he added.
If the new appeals court upholds the previous conviction and the Court of Cassation confirms it, Mr. Dalla Vedova said, Ms. Knox would have to serve out her sentence. The lawyer said that the Italian authorities would have to authorize an extradition request and that the United States government would have to approve it.
Arguments about double jeopardy — preventing Ms. Knox from being sentenced twice for the same crime — would not apply in this case because there had been no final ruling, he said.
Ms. Knox moved back to her hometown, Seattle, after her release from prison and is now studying creative writing, said David Marriott, the Knox family media adviser. A book by Ms. Knox, “Waiting to Be Heard,” is expected to be published on April 30, the same day that Diane Sawyer, the anchor of “World News” on ABC, will conduct the first interview with Ms. Knox since her release.
Mr. Sollecito has been living in Verona, where he is getting a degree in computer engineering. He did not go to the new hearings.
“He didn’t want to get caught up in this mob scene,” said his father, Francesco Sollecito, who attended Monday’s hearing with his wife. “He didn’t want to be here.”
The Court of Cassation rules on questions of procedure, not on the merits of a case. On Monday, both the prosecutor’s office and the defense gave impassioned arguments that dredged up the minutiae of evidence that initially convicted Ms. Knox and Mr. Sollecito.
In the original case, prosecutors argued that Ms. Kercher had been the reluctant victim of a drug-fueled game of rough sex gone awry, involving Ms. Knox, Mr. Sollecito and Mr. Guede.
But questions were raised during the appeal about the prosecutors’ theory of the crime and the quality of the evidence, including the reliability of some witnesses. An independent review also cast doubt on the DNA evidence of two critical exhibits for the prosecution: the knife they claimed was used to kill Ms. Kercher, and a bra clasp found in her room. The appellate court ruled that the prosecution’s case did not stand up.
The prosecutor general, Luigi Riello, told the court on Monday that the acquittal was a “violation of the law and a monument to illogicality” that should be overturned. “The appeals judge lost his way in this case,” he said.
He argued that the appellate court had been superficial in retrying the case, cherry-picking the forensic evidence that it had reviewed, rather than examining all the elements that had led to the conviction. “The DNA evidence was used as the final word over all other evidence,” Mr. Riello said.
“I believe that all the premises exist to ensure that the curtain does not fall on this crime,” he said.

Alan Cowell contributed reporting from Paris, and Gaia Pianigiani from Rome.

Alan Cowell contributed reporting from Paris, and Gaia Pianigiani from Rome.