One of my favorite countries is Italy and I’d like to go back there anytime.  Unfortunately for Amanda Knox, she may have to go back—against her will.

I’ve been a criminal lawyer for over 30 years and have followed Amanda Knox’s case.  As you may know, she was convicted in 2009 in Italy of murdering her roommate and faces 28 years in prison.   She spent four years in prison there until an appellate court over-turned her conviction in 2011.  She took-off for the U.S. and remains here now.  However, Italy’s highest court reversed yet again—this time she’s guilty.

What will happen to her?

As a criminal lawyer, I see three interesting points:

1.  Appellate Court’s Decision

Although I don’t know the Italian legal system, it’s probably similar to our system.  When a person appeals a conviction, they are actually telling the higher court they think the original judge made a mistake in legal rulings—not the jury’s decision.  And further,  the rulings were so mistaken that the defendant couldn’t receive a fair trial.  Even if the higher court intervenes (in the majority of cases they don’t) a reversal can mean many different things—only one gives the accused person a new trial.

In Amanda Knox’s case the first appellate court found her not guilty.  Does that mean they thought the first trial judge’s rulings were so bad that she deserved to be found not guilty?  The prosecutors appealed that decision and the highest court found her guilty—again.

2.  DNA Evidence

Amanda Knox’s conviction turned on questionable DNA evidence.  The public assumes (after watching years of CSI Miami on TV) that DNA identification evidence is never mistaken.  You should talk to some forensic scientists!  Here are some problems with DNA:

—Is the sample (blood, saliva, etc) collected in an uncontaminated manner?

—Is the lab testing done in an accurate and uncontaminated way with up-to-date equipment?

—Is the data base the sample is compared to large enough to be accurate?

If any of these issues has been blown by law enforcement, the DNA identification may be suspect or false.

3.  Extradition

Extradition means that between governments of different countries, by international treaty, they will return a person to the other country.  The U.S. and Italy have such treaties.  But there are some protections for people like Amanda Knox.  If the italian courts ask for her extradition, she would appear in a federal court in the U.S. first.  Italy would have to appear through a lawyer.  The U.S. government would have to prove four things before Amanda Knox could be released to Italy:

1.  Is the legal document filed by Italy in proper order?

2.  Is the person, Amanda Knox, the same exact person sought by Italy?

3.  Has she been charged or convicted of a crime that falls within the treaty?

4.  Can the government show “probable cause?”  This means can the U.S. government show that Knox has either been charged or convicted of a crime.

End result— If Italy seeks her extradition, she’s going to be forced to take an unwanted vacation.