I read there is another appeal process to the highest court.

Am I the only one who thinks that maybe there is reason why this keeps coming back into the news?

 

And why didn't they call Law and Order's SVU? Those guys always figure it out. :lol2:

I guess Nancy Grace has got some material for her February shows.

 

Is she still on TV?

Does anyone know what happens if she again appeals the verdict and it is again set aside? How many times can she be tried? What is the highest judicial authority in Italy? Even though there have been examples of people who have gotten away with serious crimes (including a very infamous murder in Louisville) based on the protections against double jeopardy we have, this is a great illustration of why it is good to have those protections.

 

Don't think double jeopardy applies in this case since she was found guilty and the rest has been higher court decisions.

The extradition issue is going to be interesting.

I'm sure there are several countries that flat out won't extradite to Italy. If I'm her, I pick the warmest and cheapest and hop on a plane...yesterday.

Don't think double jeopardy applies in this case since she was found guilty and the rest has been higher court decisions.

 

 

There is no prohibition against Double Jeopardy in Italy. After the guilty verdict was thrown out there was a second trial and she was found not guilty. The government then appealed that and a third trial was held and she was found guilty and sentenced to a punishment longer then she had been after the 1st trial. The best parallel I can draw is the David Camm case in Southern Indiana. He was twice tried and convicted of killing his family and spent 14 years in prison. Camm appealed both of those verdicts and they were both thrown out by the Indiana Supreme Court. After a third trial he was found not guilty. He's now been released and the government can't appeal. Even if indisputable evidence is found that he killed his family he can not be jailed for it. Our government should fight extradition based on lack of double jeopardy protections just like other countries won't extradite people to us if they face the death penalty.

I'm sure there are several countries that flat out won't extradite to Italy. If I'm her, I pick the warmest and cheapest and hop on a plane...yesterday.

 

From what I understand if she travels anyplace she faces arrest by Interpol.

From what I understand if she travels anyplace she faces arrest by Interpol.

 

Any country that has an extradition treaty with Italy can nab her. That's what finally happened to Polanski.

There is no prohibition against Double Jeopardy in Italy. After the guilty verdict was thrown out there was a second trial and she was found not guilty. The government then appealed that and a third trial was held and she was found guilty and sentenced to a punishment longer then she had been after the 1st trial. The best parallel I can draw is the David Camm case in Southern Indiana. He was twice tried and convicted of killing his family and spent 14 years in prison. Camm appealed both of those verdicts and they were both thrown out by the Indiana Supreme Court. After a third trial he was found not guilty. He's now been released and the government can't appeal. Even if indisputable evidence is found that he killed his family he can not be jailed for it. Our government should fight extradition based on lack of double jeopardy protections just like other countries won't extradite people to us if they face the death penalty.

Remember Mel Ignatow? He was acquitted of murder and then afterwards damning evidence against him surfaced but the Commonwealth was powerless to re-prosecute him (although I recall him being found guilty of perjury in a later prosecution on that charge).

Remember Mel Ignatow? He was acquitted of murder and then afterwards damning evidence against him surfaced but the Commonwealth was powerless to re-prosecute him (although I recall him being found guilty of perjury in a later prosecution on that charge).

 

That was the first case I thought of. I followed that case very closely and read Bob Hill's excellent book (Double Jeopardy) chronicling it. Ignatow was eventually convicted on several counts of perjury for lying to a grand jury looking into her disappearance. After her body was found Ignatow was arrested and tried for murder. The prosecution did an extremely poor job of presenting the case and preparing the main witness against him, another woman who was present the night Ignatow killed Schaffer. Ignatow was acquitted. Several months later pictures taken the night Schaffer died and some of her jewelery were found in an old heating duct in the house Ignatow had owned when the present owners renovated it. He was arrested and convicted of perjury for lying to a federal grand jury and the FBI looking into Schaefer's disappearance. Upon his release from federal prison he was again arrested and convicted in on charges of perjury in state court for lying in a civil suit he brought against Schafer's employer. That gentleman (Dr. William Spalding) was convinced that Ignatow had killed her (she was missing for over a year before her body was found) and stated that many time in the media, he also threatened to kill Ignatow if he didn't tell what had happened to Schaffer. Ignatow sued him and testified under oath that he had no idea where she was and had nothing to do with her disappearance. In a strange twist of fate and proof that karma is nasty Ignatow died a few years ago after falling and striking his head on a glass coffee table. The pictures that convicted him were of him raping Schaffer on top of a glass coffee table. They were taken by the woman who testified against him in exchange for a lesser sentence. She has since died of cancer.

 

Sorry I digressed but it is a fascinating case.

Edited February 1, 201412 yr by All Tell

I haven't really followed the details of this case. What evidence do they have against her?

I haven't really followed the details of this case. What evidence do they have against her?

 

None other than her lack of common sense. Fingerprints and forensics all belong to Rudy Guede. No motive has been established. Police royally messed up the investigation.

Is she still on TV?

 

Afraid so. Gets good ratings, too. That scares me more.

I haven't really followed the details of this case. What evidence do they have against her?

 

Hard to say, depends on what sources you read. Here in the US we are led to believe there is no evidence while Italians are led to believe it's an open and shut case.

Hard to say, depends on what sources you read. Here in the US we are led to believe there is no evidence while Italians are led to believe it's an open and shut case.

 

The Italians believe its open and shut because of Amanda's "confession" correct?