Wednesday, March 27, 2013

Amanda Know faces re-trial; she need not go, but re-extradition would be legally controversial

Amanda Know got a call at 2 AM PDT  (at home in Seattle) Tuesday from her attorney in Italy that she will be tried again for the “murder” for which her conviction was overturned last year.

The trial might not happen until early 2015.  She does not have to go.  But if she is convicted, and if a new conviction is upheld by the Italian appeals system, she could face extradition from the US to serve a sentence.  But some legal experts say this will not happen, because extraditing her would violate the US standard of double jeopardy.  On the other hand, extradition could be required by US treaties.  This question would apparently wind up in American courts, maybe even the Supreme Court.
Even if she is not extradited after re-conviction, she cannot travel to Europe or perhaps many other countries again. 
The ABC News story by Phoebe Natanson is here
Americans need to be wary when overseas, and realize that they have to live with the possible consequences of the legal system of the country in which they are visiting.  

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