Italian prosecutors will unlikely be able to force Amanda Knox to return to Italy to be retried in the grisly 2007 murder of her roommate, top attorney and legal analyst Kendall Coffey says.
“Of course, [they’re] going to demand that she return,’’ Coffey, told Newsmax TV’s “The Steve Malzberg Show.’’
“[But] extradition is a time consuming process. It requires facilitation by the State Department and then you have a judicial right in the federal courts to fight extradition.
“There’s an excellent chance that while it’s slowly working its way through the system, Italy just might proceed with a trial.’’
Earlier this week, Italy's highest criminal court ordered a new trial for Knox and her former Italian boyfriend Raffaele Sollecito, overturning their acquittals in the gruesome slaying of Meredith Kercher.
Coffey, a founding member of Coffey Burlington in Miami, Fla., also said that under U.S. law, trying Knox again for the same crime would be considered double jeopardy.
“She was acquitted,’’ he said. “We would never send her back for a retrial in this country, and our public policy could be grounds to resist extradition when attempted by a foreign power.’’
Kercher died from knife wounds in an apartment she shared with Knox, a college student from Seattle studying abroad. One prosecution theory was what started out as a sadistic sex game turned into a brutal murder when Kercher refused to participate.
Knox — nicknamed “Foxy Knoxy’’ by the press — and Sollecito had their original convictions overturned by an Italian appeals court in 2011.
Coffey said Sollecito may not be so lucky in dodging a new prosecution because he is living in Italy.
“He’s going to have to deal with it,’’ he said.
See the Steve Malzberg Show on Newsmax TV each weekday live by Clicking Here Now
You can listen to the Steve Malzberg Show each weekday live from 3-6 PM ET on SiriusXM 166.
© 2014 Newsmax. All rights reserved.