Supreme Court Says Knox Acquittal Didn't Consider Sex Game Theory

Italian Supreme Court revealed why it overturned an appeals court's 2011 decision.
3:00 | 06/19/13

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Transcript for Supreme Court Says Knox Acquittal Didn't Consider Sex Game Theory
The latest on the amman do knox case. The italian supreme court revealing why it overturned an appeals court decision in 2011 to acquit her. We're learning that the judges in the supreme court believe the court in appeals should have considered the original theory that anda's roommate, meredith kercher died after a sex game went horribly wrong. Neal karlinsky has the story. Reporter: The italian supreme court ruling says there's too many unanswered questions about what happened the night amanda knox's roommate, meredith kercher, was murdered. They said the last time they treated things they didn't know as if they had been proven already. And they openly misinterpreted evidence. The judges bring up the earlier theory that an erotic game that got out of hand, might have played a role in the murder. And they continue to question whether knox and her then-boyfriend, raffaele sollecito, were actually present, when kercher was killed, something knox has always denied. In may on "gma," she told robin she knows some people will always doubt her. I was 20. I was in this foreign country. I barely spoke the language. And my friend was murdered. And I had never in my life experienced anything, anything similar. And I was clueless all the way through. Reporter: Knox told abc news, the ordeal of going through a retrial is gut-wrenching. I'm going to keep fighting this. I'm not going to stop fighting this. And that's all. Reporter: Italian police, blamed for botching the investigation, told an italian too many elements of proof gathered by the investigators linked to amanda knox and raffaele sollecito, were ignored. The longer this plays out, the longer it's going to take me to get my life back and to move on. It's just -- it's hard. Reporter: This morning, knox's attorney remains confident the same case will be won again. We remain hopeful that the next appellate court jury will return the same verdict because there is no evidence. There was no evidence. And there never will be any evidence. Reporter: Knox continues to study here in seattle at the university of washington. She will not have to return to italy for the retrial. However, if there is a conviction, you can bet there will be an appeal again. Elizabeth? All right. Thanks so much, neal. Let's bring in "gma's" legal analyst, dan abrams. I was struck by the fact that in the appellate trial, there was la laughter in the courtroom when they talked about how the police handled the crime scene. And there wasn't any dna evidence linking amanda knox and her former boyfriend to the murder. Now, the supreme court is saying there is evidence and it was ignored. The supreme court is supposed to evaluate errors in law or procedure. Unlike the appellate court or a trial court, where they're evaluating the facts. This supreme court got into the weeds here. They got into the facts. Basically saying, they do not agree with the appellate court's conclusions based on the facts in this case. And they went through all of the facts. What about this? What about the fact that the main participant, rudy guede, who was convicted, he was -- evidence of him everywhere. And he likely did this with somebody else. Why aren't they pursuing that? She allegedly confessed. She made false accusations. The crime scene was st. What about all of these things, the supreme court says? But those are fact-based issues, which likely should be addressed at the lower level, not at the high court. What do you make of the fact that the supreme court weighed in on this, quote, erotic sex game theory, which the prosecution abandoned in the trial because they had no evidence to support it. I was surprised. If this was a bunch of guys sitting around, saying what about this? What about that? Fair enough. This isn't a bunch of guys. This is the supreme court of italy. As a result, I think that was the danger in the opinion we saw. The story continues. Let's turn to sam champion

This transcript has been automatically generated and may not be 100% accurate.

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