Amanda Knox appeal ‘not a gamble,’ her parents say

Video: Knox makes appeal in murder conviction

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   MEREDITH VIEIRA, co-host: But let us begin this half-hour with Amanda Knox , back in an Italian courtroom this morning to appeal her murder conviction. We're going to talk to her parents in a moment. But first, NBC 's Keith Miller is in Perugia with details. Keith , good morning to you.

   KEITH MILLER reporting: Good morning, Meredith . Well, it's all or nothing for Amanda Knox on this appeal . She could win her freedom; but also, the judge in the case could impose a harsher sentence than the 26 years she is already serving. Knox is older now, the strain of three years behind bars starting to show. In the same courtroom where she was convicted of murder and sexual violent assault, Amanda Knox sat at the defense table still proclaiming her innocence in the murder of her roommate Meredith Kercher , an exchange student from England . Knox 's defense will argue that the evidence needed to convict does not exist. Knox 's lawyers say they have a new witness list, and they're asking the appeals judge to appoint an outside panel of experts to examine the DNA evidence . If the appeal judge agrees, it would be a whole new trial for Knox , a good chance to win her freedom.

   Mr. ALEXANDER GUTTIERES (Italian/American Attorney): Because that would mean that the judges have some doubts and want to delve into the evidence more in detail than was done in the trial level.

   MILLER: The prosecution is also appealing. They want Knox to serve more time behind bars. The circuslike atmosphere surrounding the appeal is exaggerated by more than 100 journalists. The attraction is Knox , appearing like the all- American girl that the Italian press still calls " Angel Face ." Alongside Knox is her former boyfriend Raffaele Sollecito , also convicted of Kercher 's murder and sexual assault. On appeal , the defense hopes to show that Knox had no motive for killing her roommate, and that the prosecution failed to provide evidence backing up its claim that the killing was the result of a drug-fueled sex game gone wrong. Explaining the guilty verdict , the trial judge characterized Knox as "a manipulative, promiscuous woman who clashed with Kercher ." The defense maintains that's no motive for murder. In the written appeal , the defense described Knox as worn out, writing, "The long pre-emptive custody has broken down the young woman." The judge this morning postponed the trial until next month. At that time they will again -- everybody will be back in court. But as we know, Meredith , the wheels of Italian justice moves very slowly. We don't expect a verdict in this appeal until next spring. Meredith :

   VIEIRA: All right, Keith Miller , thank you very much . Amanda Knox 's parents, Curt Knox and Edda Mellas , are with us now. Good morning to both of you.

   Mr. CURT KNOX (Amanda Knox's Parents): Good morning.

   Ms. EDDA MELLAS (Amanda Knox's Parents): Good morning.

   VIEIRA: Right after the hearing today, one of Amanda's lawyers said to the press her time in prison has taken a toll on her psychologically.

   Ms. MELLAS: Mm-hmm.

   VIEIRA: And as Keith just pointed out, her lawyers have also said that custody has broken her down. They described her as depressed, tense, worried, exhausted. You talk to her on a weekly basis. Do you hear that in her voice? Is that what you hear?

   Ms. MELLAS: Well, you know, we have a short 10 minutes with her when she calls us, and she always tries to put on a brave face for us during those 10 minutes . But we know this is, you know, this is just horrible for her to be locked up for a crime she didn't commit, and it is taking its toll.

   VIEIRA: In what way?

   Ms. MELLAS: Well, I mean, I think you can see the fact that she's just, you know, down. She's worried that this is not going to get fixed. You know, to be -- to be innocent and to be locked up is just horrific. It's -- I don't know that I would characterize her as depressed, but she is definitely worried and this is hard.

   VIEIRA: You know, Curt , there is a...

   Mr. KNOX: And you...

   VIEIRA: ...new judge assigned to this case, to the trial . Do you think that that will affect the appeal ?

   Mr. KNOX: Actually, I think it's going to, from the standpoint of a fresh set of eyes really looking at the case and looking at the evidence and the how the motivation was written and the fact that there was a lot of assumptions made without fact in the wrong conviction.

   VIEIRA: I know that the defense wants a review of all the forensic evidence . They also want to introduce new witnesses. If the judge agrees to that, what signal will that send to you, Edda ?

   Ms. MELLAS: Well, I think it's a positive signal. I think they're saying, yeah -- you know, that would be them saying, 'Wait a minute, you know, maybe we didn't get it right. Let's retake a look at this.'

   VIEIRA: You know, after the -- Amanda was found guilty of murder last December, the court explained its verdict this way, it said that they found no inconsistencies with the prosecution's case. You disagree with that, Curt . Why?

   Mr. KNOX: Absolutely. I mean, in going through the motivation, there are assumptions made that are not backed up by fact. There's hypotheses that are not backed up by fact. And we think that an independent review of specifically the forensic evidence is really going to point this new judge and jury to the fact that Amanda had nothing to do with this crime.

   VIEIRA: Her trial is also going to be held simultaneously with that of her ex-boyfriend Raffaele Sollecito .

   Ms. MELLAS: Mm-hmm.

   VIEIRA: Do you think that's going to hurt her or help her, Edda ?

   Ms. MELLAS: Well, you know, they're both innocent. They're both in the same boat. There's nothing connecting them to this crime. So I -- you know, I think it -- I think it's fine. I don't know that it's going to hurt or help. I think it just, it is what it is .

   VIEIRA: But meanwhile, you have the prosecution, they are also appealing because they want her to serve even more time. They want her to serve life in prison. So are you worried at all, either one of you, that this could all backfire on Amanda , that she could be in worse shape after this process is over?

   Mr. KNOX: I think if they really take a look at the facts of the case vs. all of the media hype that took place during the first trial , I think we're going to find that this really isn't that much of a gamble at all. And hopefully they'll see that this wrongful conviction should be overturned and they'll actually do it.

   Ms. MELLAS: You know, I don't -- I don't see it as an option. I mean, when you're innocent, you have no choice but you appeal and you keep going until she's freed.

   VIEIRA: Meanwhile, tomorrow is Thanksgiving . It is one more holiday without your daughter.

   Ms. MELLAS: Mm-hmm.

   VIEIRA: How do you cope with this on a day-to-day basis?

   Ms. MELLAS: You know, we have -- you know, we have other children here, and we talk to Amanda . And she all wants -- you know, she wants us to stay strong and to keep plugging along. And so we all do it, you know, for her.

   Mr. KNOX: Right. We focus on her. But we also, you know, have to continue to live our day-to-day lives as well.

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