This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/us-news/2015/mar/25/raffaele-sollecito-amanda-knox-retrial-high-court-ruling
The article has changed 4 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Raffaele Sollecito to seek separate retrial from Amanda Knox during ruling | Raffaele Sollecito to seek separate retrial from Amanda Knox during ruling |
| (about 2 hours later) | |
| Raffaele Sollecito, who once said his first encounter with Amanda Knox was like a “colpo di fulmine” – lightning strike – will on Wednesday formally seek to disentangle himself from his erstwhile girlfriend as Italy’s high court determines whether to uphold the pair’s conviction for the murder of Meredith Kercher. | |
| Related: Amanda Knox ruling by Italy's highest court could lead to new legal battle | Related: Amanda Knox ruling by Italy's highest court could lead to new legal battle |
| The pair have faced justice together since the beginning, when they were questioned by police in Perugia and charged in 2007 with the murder of Kercher, a British university student. | The pair have faced justice together since the beginning, when they were questioned by police in Perugia and charged in 2007 with the murder of Kercher, a British university student. |
| But Sollecito’s attorney and family are now trying to exploit differences in their cases in an effort to convince the high court judges to give the 30-year-old Italian another trial that is separate from Knox’s. | But Sollecito’s attorney and family are now trying to exploit differences in their cases in an effort to convince the high court judges to give the 30-year-old Italian another trial that is separate from Knox’s. |
| If both convictions are upheld it would lead to the immediate arrest of Sollecito, who is expected to appear in court. | If both convictions are upheld it would lead to the immediate arrest of Sollecito, who is expected to appear in court. |
| Italy would then probably seek the extradition of Knox, an American citizen who is living in Seattle, back to Italy to serve a 28-and-a-half-year jail sentence. | Italy would then probably seek the extradition of Knox, an American citizen who is living in Seattle, back to Italy to serve a 28-and-a-half-year jail sentence. |
| Sollecito faces a 25-year sentence. “Raffaele cannot and should not be found guilty of a murder he did not commit by the mere fact of having had a brief romance with Amanda Knox,” Sollecito’s aunt, Sara Achille, told the Guardian in an email. | Sollecito faces a 25-year sentence. “Raffaele cannot and should not be found guilty of a murder he did not commit by the mere fact of having had a brief romance with Amanda Knox,” Sollecito’s aunt, Sara Achille, told the Guardian in an email. |
| She added: “One cannot help but take note of and reflect the differences – in the past and now – between Raffaele and Amanda, in their manner of being, the way they act, and they way they appear.” | She added: “One cannot help but take note of and reflect the differences – in the past and now – between Raffaele and Amanda, in their manner of being, the way they act, and they way they appear.” |
| The legal strategy is complicated and is largely centred on a contentious statement Knox gave police soon after Kercher’s body was discovered. | The legal strategy is complicated and is largely centred on a contentious statement Knox gave police soon after Kercher’s body was discovered. |
| At the time, she admitted being in the house on the night Kercher was killed and hearing her screams. Knox later retracted the statement, saying it was coerced, and has maintained that she is innocent, as has Sollecito. | At the time, she admitted being in the house on the night Kercher was killed and hearing her screams. Knox later retracted the statement, saying it was coerced, and has maintained that she is innocent, as has Sollecito. |
| But in court on Wednesday, Sollecito’s attorney is expected to argue that, if Knox’s confession is believed to be true by the court, then the court must also believe that the confession exonerates Sollecito, because Knox never claimed he was there with her. | But in court on Wednesday, Sollecito’s attorney is expected to argue that, if Knox’s confession is believed to be true by the court, then the court must also believe that the confession exonerates Sollecito, because Knox never claimed he was there with her. |
| A verdict could be announced as early as Wednesday evening in Rome after Knox and Sollecito’s defence attorneys and prosecutors make their arguments in the case. The high court can either uphold their earlier convictions for murder or send one or both cases back for retrial. | A verdict could be announced as early as Wednesday evening in Rome after Knox and Sollecito’s defence attorneys and prosecutors make their arguments in the case. The high court can either uphold their earlier convictions for murder or send one or both cases back for retrial. |
| Knox and Sollecito were originally found guilty of murder, along with Rudy Guede, who is serving a 16-year-sentence for stabbing Kercher. | Knox and Sollecito were originally found guilty of murder, along with Rudy Guede, who is serving a 16-year-sentence for stabbing Kercher. |
| An appeals court then threw out Knox and Sollecito’s conviction, and Knox was able to return to the US after serving four years in prison. But the case was tried again under the rules of Italy’s multi-tiered justice system and in 2014 the pair were found guilty. | An appeals court then threw out Knox and Sollecito’s conviction, and Knox was able to return to the US after serving four years in prison. But the case was tried again under the rules of Italy’s multi-tiered justice system and in 2014 the pair were found guilty. |
| That decision will only be final if the high court affirms it this week. | That decision will only be final if the high court affirms it this week. |
| Sollecito’s aunt paints a picture of a young man who always sought to do the right thing – including being the first to try to enter Kercher’s room after becoming concerned that she might be hurt – and that he was caught up in the case through his association with Knox. | Sollecito’s aunt paints a picture of a young man who always sought to do the right thing – including being the first to try to enter Kercher’s room after becoming concerned that she might be hurt – and that he was caught up in the case through his association with Knox. |
| “From the first day Raffaele was the victim of what in mathematics is called ‘transitive property’,” she said. | “From the first day Raffaele was the victim of what in mathematics is called ‘transitive property’,” she said. |
| But prosecutors have also relied on some physical evidence in the case against Sollecito: his DNA was found on the clasp of Kercher’s bra in the room where she was killed. | But prosecutors have also relied on some physical evidence in the case against Sollecito: his DNA was found on the clasp of Kercher’s bra in the room where she was killed. |
| Sollecito’s defence team has argued that the evidence was flawed and unreliable. | Sollecito’s defence team has argued that the evidence was flawed and unreliable. |
| “In many ways, separating the two cases would placate everyone. Sollecito would be tried again and it would take pressure off the extradition process if he’s not in jail right away,” says Barbie Latza Nadeau, the journalist and author of Angel Face, about the Knox case. | “In many ways, separating the two cases would placate everyone. Sollecito would be tried again and it would take pressure off the extradition process if he’s not in jail right away,” says Barbie Latza Nadeau, the journalist and author of Angel Face, about the Knox case. |
| Experts say any attempt to extradite Knox could drag on for years amid various Italian and US legal hurdles. | Experts say any attempt to extradite Knox could drag on for years amid various Italian and US legal hurdles. |
| In Seattle, Sollecito is seen as a hero of sorts among Knox’s many supporters. | In Seattle, Sollecito is seen as a hero of sorts among Knox’s many supporters. |
| Mark Waterbury, the author of The Monster of Perugia: The Framing of Amanda Knox, said that for him the biggest issue at stake this week is the fate of the young Italian. | Mark Waterbury, the author of The Monster of Perugia: The Framing of Amanda Knox, said that for him the biggest issue at stake this week is the fate of the young Italian. |
| “[Sollecito is a] tremendously good man, totally innocent, at the wrong place at the wrong time,” he said. “And there’s a real fear that they’re going to try to lock him up again. That would be an absolute tragedy.” | “[Sollecito is a] tremendously good man, totally innocent, at the wrong place at the wrong time,” he said. “And there’s a real fear that they’re going to try to lock him up again. That would be an absolute tragedy.” |
| The British embassy in Rome said its thoughts were with the Kercher family, whom they have offered to assist. | The British embassy in Rome said its thoughts were with the Kercher family, whom they have offered to assist. |
| A spokeswoman added that the UK would expect any possible extradition request to be considered “in accordance with US and international laws”. | A spokeswoman added that the UK would expect any possible extradition request to be considered “in accordance with US and international laws”. |