TODAY   |  April 28, 2013

Amanda Knox lawyer: ‘She’s doing remarkably well’

Amanda Knox has kept a low profile since her release from Italian prison a year and a half ago, but speaks out about her ordeal in a new memoir. Her lawyer Theodore Simon told TODAY’s Lester Holt about the book and what Knox can expect from the Italian justice system.

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>>> amanda knox is speaking out at length for the first time since being released from an italian prison. she's the american exchange student found guilty of killing her roommate in italy . that guilty verdict was overturned, but italy 's highest court jumped in and ruled she could face a new trial. we'll talk to her attorney about the case in just a moment. first, michelle franzen reports on how knox is attempting to set the record straight .

>> amanda !

>> reporter: amanda knox has kept a low profile since her release from prison a year and a half ago. that, after an italian court overturned the murder convictions of knox and her then-boyfriend rafael saw cito. her roommate was brutally murdered in the small italian village. knox and her family spent four years battling the murder charges. in her new memoir, "waiting to be heard," knox is speaking out about her ordeal. writing about how prosecutors made her life in prison miserable. in an interview with "people" magazine, knox says, "i am not a murderer," and details her case and emotional journey.

>> amanda describes her ordeal as being one where her privacy was invaded, where the guards were learing and touching and in her space.

>> reporter: knox has maintained from the beginning she is not the villain or vixen prosecutors alleged. douglas preston , author of the book "the monster of florence," has spoken to knox and believes her book will offer the public a different view of knox .

>> the only time we have heard from amanda knox is when she testified in her own defense at her trial, an she's been resolutely silent, you know, since her return to america. so this is really her first time speaking about the case.

>> reporter: last month, italy 's highest court overturned knox 's and sollecito's acquittals, and now they await the possible retrial of a trial. knox says she has no plans to go back to italy for a new trial. for "today," michelle franzen , nbc news.

>>> ted simon is amanda knox 's attorney. he join us from philadelphia for the latest on her case. ted, good morning. thanks for coming on with us.

>> good morning, lester.

>> it's been quite a month for amanda knox , the reversal of her acquittal and now the book. how is she holding up? have you spoken to her recently?

>> absolutely. i speak to her quite often. she's doing remarkably well.

>> remind me now what this appeals court -- what the supreme court essentially did here. was their concern the facts of the case, the dna, the evidence? or was it more procedural?

>> good point. it was a procedural ruling. let's be clear. the supreme court simply said there should be a revision, and the supreme court is sending it back to a new appellate court jury for some further redeterminations. we don't know the extent of that yet, the motivation, the opinion has not been generated. but let's not forget. the appellate court jury that conducted a search and inquiry into this case determined, unmistakably, whether it what to do with prosecution witness testimony, prosecution physical evidence , or prosecution forensic conclusions, it concluded that it was either absent, nonexistent, unreliable, inaccurate, or simply not there. so nothing substantially has happened with regard to the evidence. there was no evidence. there is no evidence. and there never will be any evidence.

>> let me ask you this, though. with the book about to come out, are you at all concerned that anything she wrote -- anything she put in that book in her own defense -- might contradict something in the case and might become problematic in this process?

>> well, you know, it's an understandable question, and i'm sure everyone will carefully review this book. but i think for those that do read the book, they're going to find it thoughtful, vividly descriptive, with a healthy dose of introspection. and it's quite poignant. you know, she has the ability to take the reader into the situation, into her experience, as if they're virtually accompanying her through this nightmarish and harrowing journey.

>> and i want to ask you a question, michelle franzen in her report noted that amanda is not going to italy . is she even required to be there now for this process? and would she go back if reconvicted?

>> well, you know, i think it's -- you know, it's a fair question that people pose. but we have to look at this through the lens of the criminal justice system in italy . not the way it's conducted in the u.s. and what we know is that on this particular remand or revision, it's not legally required for her to be there. and with respect to the points raised by the prosecution, which we don't know which ones will be adopted or not, but the supreme court , as to those particular points, it's unnecessary. it doesn't involve her. so it's either not required or unnecessary. so those kind of issues are really not on the legal landscape at this point, and they're not even in the legal telescope, because they're simply not required. and we can view this as an american might look at an american case. we must look at it through the lens of the criminal justice system in italy . it's simply not required. and ultimately, there's no reason to believe that anything else will happen, but another not guilty, since there's simply no evidence and there never was any evidence. and never will be any evidence.

>> great to talk to you. thank you for coming on with us. appreciate it.