Italian prosecutors, as expected, seek reinstatement of Amanda Knox conviction

MILAN - Italian prosecutors asked the country's highest criminal court on Tuesday to reinstate the murder convictions of American Amanda Knox and her former boyfriend in the brutal slaying of a British student.

Knox, through her attoney, called the prosecutors' request "harassment."

Perugia prosecutors filed the 112-page appeal, more than four months after an appeals court threw out the convictions against Knox, 24, and Raffaele Sollecito, 27.

Prosecutors Giovanni Galati said he is "very convinced" that Sollecito and Knox are responsible for the Nov. 1, 2007, stabbing death of Meredith Kercher, a 21-year-old British student who shared an apartment with Knox in the university town of Perugia.

Galati told reporters in Pergugia that the appeals sentence must be thrown out, saying it was full of "ommissions and many errors," the news agency ANSA reported.

The prosecutors appeal, which was expected, marks the third and final stage in the criminal case against Knox and Sollecito.

The two were found guilty in a lower court of slaying Kercher in what prosecutors described as a sex-fueled attack, and sentenced to 26 years and 25 years respectively. An appeals court then said the evidence did not hold up, freeing Knox to return home to the United States after serving four years in prison. Sollecito lives in Italy.

Luca Maori, Sollecito's lawyer, said the high court is expected to issue its decision toward the end of the year.

The prosecutors move was expected, and Maori said he would file his counter-arguments after going over the prosecutors' appeal.

"We will write our brief to say it's a mistake," Maori said.

Amanda Knox's family, in a statement obtained by NBC News, said the appeal was not unexpected.

"We are not concerned about this appeal, as Amanda’s innocence was clearly and convincingly proven in her appeal trial," said the statement, issued by attorney Theodore Simon. "This is simply another example of harassment by the prosecutor against Amanda and makes this terrible, painful incident continue to go on for Amanda, Raffaele and their families."

Amanda Knox 'loves Italy' and might return


Fatal blow?
The high court cannot hear new evidence, and will make its decision based on what has been submitted in earlier trials.

The fatal blow to the prosecution's case was a court-ordered DNA review in the appellate trial that discredited crucial genetic evidence used to convict Knox and Sollecito in 2009.

Kercher was found slain in a pool of blood in the house she shared with Knox in Perugia. The appeals court in October said the guilty verdicts against the pair were not corroborated by any evidence, and that the court hadn't proven they were in the house when Kercher was killed.

Still, the appellate panel stopped short of saying what might have happened the night of the murder.

An Italian appeals court throws out Amanda Knox's murder conviction and orders her free after nearly four years in prison for the death of her British roommate. NBC's Lester Holt reports.

A third defendant, Ivory Coast-born drifter Rudy Guede, was convicted in a separate trial of sexually assaulting and stabbing Kercher. His 16-year sentence, reduced in appeal from an initial 30 years, was upheld by Italy's highest court in 2010.

Last week, Knox's Italian lawyer has filed an appeal of her slander conviction. Although she was cleared of the murder conviction, the Italian appeals court had upheld her conviction for slander — for falsely accusing bar owner Diya "Patrick" Lumumba of involvement in the slaying.

The Associated Press contributed to this report.

 

More from msnbc.com and NBC News:

Discuss this post

Blah blah blah, maybe you should be more concerned about Captains fooling around with "translators" that end up running ships aground and fleeing from the scene.

  • 6 votes
Reply#1 - Tue Feb 14, 2012 11:17 AM EST

This guy is the Nancy Grace of Italy.

Galati told reporters in Pergugia that the appeals sentence must be thrown out, saying it was full of "ommissions and many errors," - - - Uh...who's fault it that?! You tried her essentially twice! How many times do you need to do this to fix omissions and errors.

P.S. nice spell check MSNBC

  • 7 votes
#1.1 - Tue Feb 14, 2012 12:00 PM EST

Christ !! Let it go you stupid prosecutors. You had the most bizarre theories ever.

.

  • 8 votes
#1.2 - Tue Feb 14, 2012 12:42 PM EST

Hey United, it's Italy, what do you expect. The prosecutor's ego is in the way!

  • 1 vote
#1.3 - Tue Feb 14, 2012 12:46 PM EST

Thank you Italy for having a poorer court system than the US. Here's your badge!

    #1.4 - Tue Feb 14, 2012 1:33 PM EST

    The Italian's need to move on from Amanda Knox. The prosecutor(S) had his ass handed to him so SHUT-IT

    Start polishing the wheel of JUSTICE for captain "SHIPWRECK"of that cruise ship.

    FRIKIN DUMBOS

    • 1 vote
    #1.5 - Tue Feb 14, 2012 2:53 PM EST

    WOW. What a nut job, egotistical jerk of a Prosecutor. Let it go. He had the most outrageous motive in the first place - all concocted by the Police and Prosecution. The poor girl and Rafael suffered enough. I can't get over the fact that he all but ruined two innocent lives!

    • 2 votes
    #1.6 - Tue Feb 14, 2012 3:15 PM EST
    Reply

    Yeah, cause we're going to send her back to Italy when DNA has already cleared her...uh huh.

    • 6 votes
    Reply#2 - Tue Feb 14, 2012 11:21 AM EST

    But she said she loves Italy and wants to return.

    • 1 vote
    Reply#3 - Tue Feb 14, 2012 11:26 AM EST

    So maybe we need the same type of criminal justice system here in the US that Italy has. The prosecutor can just keep appealing verdicts of innocence until the defendant runs out of money for their defense.

    Not!

    • 1 vote
    Reply#4 - Tue Feb 14, 2012 11:28 AM EST

    I thought we did! (*Cynical*)

    • 2 votes
    #4.1 - Tue Feb 14, 2012 11:37 AM EST

    Severed... we do.. that's why it takes 20+ years to enforce a death penalty.

    • 3 votes
    #4.2 - Tue Feb 14, 2012 12:09 PM EST

    XD, no we don't. You're referring to appeals of GUILTY verdicts on behalf of the defendent. US prosecutors would not be able to retry someone for the same charges after their conviction was thrown out. It's called "double jeopardy".

    • 2 votes
    #4.3 - Tue Feb 14, 2012 2:06 PM EST

    Errr...US prosecuters can appeal an Appeals Court's decision to toss a case the same as is happening in Italy. It is not considered double jeapordy as the case is not being tried again. The same evidence initially used (which resulted in a guilty verdict) is being reviewed by successive layers of courts. Once the top court renders its opinion, that's it.

    About 1/2 this particular Italian prosecuters cases are tossed upon appeal and at the same time he was prosecuting the Knox case he was in the middle of his own corruption trial in a court room just down the road from hers. What a complete joke.

      #4.4 - Sat Feb 18, 2012 3:52 PM EST
      Reply

      This prosecutor suffered a major blow to his political future with the reversal of this verdict. He has to save face somehow.

      • 7 votes
      Reply#5 - Tue Feb 14, 2012 11:42 AM EST

      what would happen if Italy wanted her back to retry? Would the US offer her up on a plate ?

        Reply#6 - Tue Feb 14, 2012 11:52 AM EST

        Nobody but her really knows if she is guilty or not. Lack of evidence is just lack of evidence, it doesn't prove innocence.

        • 5 votes
        Reply#7 - Tue Feb 14, 2012 11:59 AM EST

        Doesn't prove guilt either.

        To summarize Ben Franklin: Better one hundred guilty people go free than one innocent suffer.

        • 10 votes
        #7.1 - Tue Feb 14, 2012 12:02 PM EST

        And manipulation of existing evidence definitely doesn't prove guilt.

        The "evidence" has been tossed by the Italian courts. No-one can put her at the scene. I'm NOT saying she's innocent, but if you can't prove guilt, she IS innocent in the eyes of the law.

        • 2 votes
        #7.2 - Tue Feb 14, 2012 12:12 PM EST

        Emma you clearly know very little to the actual facts of this case. There is a BOAT LOAD of evidence clearing her and Rafael of any gulit or involvement.

        I just loved the conjured up motive that this Prosecutor came up with that originally stuck:

        Her and Rafael smoked POT, decided to have a sex orgy and then when Kercher did not want to participate they killed her. Reallllllllly ??????

        • 1 vote
        #7.3 - Tue Feb 14, 2012 3:23 PM EST
        Reply

        Galati, you lost. Give it up and save what's left of your dignity. Continuing to pursue this only makes you look desperate and foolish.

        • 3 votes
        Reply#8 - Tue Feb 14, 2012 11:59 AM EST

        AND STUPID, ARROGANT, MENTAL, CHILDISH, PUNY, unwish , silly, imprudent, thoughtless, rash

          #8.1 - Tue Feb 14, 2012 3:39 PM EST
          Reply

          LACK OF EVIDENCE???

          There was NO lack of evidence: there was PLENTY of evidence... and it pointed to the REAL KILLER...

          ... the African guy who actually raped and murdered the UK girl.

          Amanda Knox had NOTHING to do with it.

          The anti-American sentiment led her her ordeal by the ugly and viscous Italians, who used her for their own personal soap-opera / entertainment.

          The Kercher family should be ashamed of themselves too, as their daughter probably brought the black man home for sex and then he killed her, yet they wanted to blame the pretty American.

          I can no longer have sympathy for the Kerchers, as their vindictive and unwarranted attacks on an innocent young girl showed them to be as bad as the Italians....

          • 11 votes
          Reply#9 - Tue Feb 14, 2012 12:14 PM EST

          "Viscous" Italians? Is that because of the "grease"? ;o)

          • 2 votes
          #9.1 - Tue Feb 14, 2012 12:59 PM EST

          Local guy I agree 100 % to:

          LACK OF EVIDENCE???

          There was NO lack of evidence: there was PLENTY of evidence... and it pointed to the REAL KILLER...

          ... the African guy who actually raped and murdered the UK girl.

          Amanda Knox had NOTHING to do with it.

          I would however never say that about the Kerchers.

            #9.2 - Tue Feb 14, 2012 3:37 PM EST
            Reply

            Who cares? Her justice will be a death of natural obese causes, or a drug overdose like all Americans do sooner or later.

            • 1 vote
            Reply#10 - Tue Feb 14, 2012 12:39 PM EST

            O_O?

              #10.1 - Tue Feb 14, 2012 12:53 PM EST

              Let me guess, AlBundy, not American eh.....or are you speaking for yourself?

              • 1 vote
              #10.2 - Tue Feb 14, 2012 1:04 PM EST
              Reply

              Wonder if she "still loves Italy"?

              Go ahead and go back Amanda. They have a lovely villa overlooking the fence waiting for ya.

                Reply#11 - Tue Feb 14, 2012 12:50 PM EST

                They totally botched the case from day one. Typical of the Italian courts. Quit wasting your time and money. Leave her alone.

                • 1 vote
                Reply#12 - Tue Feb 14, 2012 1:01 PM EST

                Why is the prosecutor wasting his time. If Amanda Knox has any sense she should never step on Italian soil again. Also I don't think our government will allow extradition because of what's already happened.

                • 1 vote
                Reply#13 - Tue Feb 14, 2012 1:30 PM EST

                Italian justice has run its corse and not to diminish the death of any ones death but you have someone in jail that has confessed, why go down this road that didn't work the 1st time.Unless there is some new credible evidence you are driving another ship to ground! Plus, your not making people sign up for Perillo tours!

                  Reply#14 - Tue Feb 14, 2012 1:35 PM EST

                  The Italian's need to move on from Amanda Knox. The prosecutor(S) had his ass handed to him so SHUT-IT

                  Start polishing the wheel of JUSTICE for captain "SHIPWRECK"of that cruise ship.

                  FRIKIN DUMBOS

                    Reply#15 - Tue Feb 14, 2012 2:52 PM EST

                    She is inocent, she is gone, you can't have her back.

                    Italians are complete morons, just look at their economy.

                      Reply#16 - Tue Feb 14, 2012 3:06 PM EST

                      Prosecute Sylvio

                        Reply#17 - Tue Feb 14, 2012 3:33 PM EST

                        Prosecutors...Enough already! Right now you only look bad for your ridiculous prosecution but if you continue you will move on to looking stupid.

                          Reply#18 - Tue Feb 14, 2012 5:18 PM EST
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