Knox's second trial begins
September 30, 2013 10:20 AM
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FLORENCE, Italy — U.S. student Amanda Knox’s second appeals trial to determine her role in her British roommate’s murder opened today in the absence of the star defendant.

Italy’s highest court ordered a new trial for Knox and her former Italian boyfriend, overturning their acquittals in the gruesome 2007 slaying of Meredith Kercher with a harsh assessment of an appeals court acquittal in 2011.

The Court of Cassation said the acquittal was full of “deficiencies, contradictions and illogical” conclusions.

The appellate court in Florence is expected to re-examine forensic evidence to determine whether Knox and her former boyfriend helped kill the 21-year-old Kercher while the two women shared an apartment in the Umbrian university town of Perugia.

Knox, now a 26-year-old University of Washington student in Seattle, has decided against returning to Italy for the trial, nor is she compelled by law to do so. The appellate court hearing the new case could declare her in contempt of court but that carries no additional penalties.

Knox and her former Italian boyfriend, Raffaele Sollecito, now 29, were convicted and later acquitted in Kercher’s death. Knox served four years of a 26-year sentence before leaving Italy a free woman after her 2011 acquittal.

Knox’s protracted legal battle in Italy has made her a cause celebre in the United States and has put the Italian justice system under scrutiny. Italian law allows prosecutors to appeal acquittals. In the U.S., the principal of double jeopardy would have prohibited another appeals round after her acquittal.

Kercher’s body was found in November 2007 in her bedroom of the house she shared with Knox in Perugia, a central Italian town popular with foreign exchange students. Her throat had been slashed.

Rudy Guede was convicted in the slaying and is serving a 16-year term. That court found that Guede had not acted alone.

In the stunning 2011 acquittal overturning lower court guilty verdicts against Knox and Sollecito and throwing out their long prison terms, a Perugia appeals court criticized virtually the entire case mounted by prosecutors.

The appellate court noted that the murder weapon was never found, said that DNA tests were faulty and that prosecutors provided no murder motive.

Yet the Court of Cassation ruling was likewise strident, criticizing the appeals court ruling and saying it “openly collides with objective facts of the case.” The high court said the appellate judges had ignored some evidence, considered other evidence insufficiently and undervalued the fact that Knox had initially accused a man of committing the crime who had nothing to do with it.

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