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Stop withholding evidence, judge orders Amanda Knox prosecution
Posted on May 9, 2011 | By Candace Dempsey
http://blog.seattlepi.com/dempsey/2...evidence-judge-tells-amanda-knox-prosecution/
" ...We finally know the defense was right: Dr. Patrizia Stefanoni, a police forensic biologist, has never delivered key paperwork about the DNA traces that pinned Knox to the murder weapon and Raffaele Sollecito, her ex-Italian boyfriend, to the crime scene. These samples, found way back in 2007, were crucial to the 2009 conviction of the two college students for the murder of Meredith Kercher, Knox's British roommate... "
(...)
"April 7, 2011: In a fax to Judge Hellmann, independent expert Dr. Conti emphasizes the importance of receiving all relevant data from the police lab, whether 'found, or partially found, in the court records or acquisitions.' In other words: 'everything integral to the investigation of the two items of evidence,' whether it had already been presented in court or not. The judge swiftly approves Conti's request for key files.
"April 14, 2011: Judge Hellmann's court clerk (Maria Centorrini) faxes Dr. Stefanoni, telling her to send 'as soon as possible' the items requested by Conti, the independent expert. She attaches Conti's requests, already approved by the judge:
"The alleged murder weapon: an ordinary kitchen knife from Raffaele Sollecito's apartment. There is no proof that it was ever carried to the crime scene. Judge Giancarlo Massei claimed that Knox was carrying this knife in her cloth bag, because she worked in a dangerous neighborhood. However, she didn't go to work the night of the murder. No blood or DNA from the victim was found inside the cloth bag.
"1. CD of the electropherograms relating to the bra clasp and knife deposed 10/8/2008 during preliminary hearings and found at Raffaele’s flat on Nov. 6, 2007.
"2. CD RAW DATA (data relative to the general electrophoretic runs of the automatic sequencer).
"3. All the transcriptions, in all the phases, of the depositions of Dr. Stefanoni and of the CTP, including the documentation deposed (considerations and notes, including possible CDs).
"4. CD film, photos, search reports on methods of checking evidence into custody, preservation, and transport to the police laboratory.
"On April 20, 2011, Stefanoni send an 'urgente' fax to the judge. She balks at producing the data and adds that the raw files request is too vague for her. The boldface and convoluted language below is hers, word for word:
"In reference to the acquisition of the CD containing a collection of DNA profiles (in the form of electropherograms), copies of the same were presented and had already been deposed in the court records on 9/25/2008 by Judge Paolo Micheli of the Perugia Court, and that all of the electropherograms pertaining to the genetic profiles extrapolated by the technical analyses have been gathered into a separate attached book separate from the body of the report.
"Too low: Stefanoni's handwritten notes from her tests on the famous murder weapon. If the machine said too low, doesn't that indicate not enough DNA? Not in the Rome lab.
"In reference to the request of acquisition of CD RAW DATA, one is obligated to explain that the information in the form of this file in the sequencer is never an integral part of the technical report, as far as the object being tested by the forensic geneticist, namely the DNA profile, and that it is already reported in the electropherogram printout, connected to the technical report on which all of the useful date and an evaluation of the genetic profile are reported.
"In addition, it is good to clarify that the files contained in the denominated sequencer 'Sample File.fsa' contain subfolders denominated 'Info,' 'Raw Data' and 'EPT Data' that do not allow any human intervention in order to modify and/or add data; and therefore, in this view, do not contribute to furnishing later elements to the genetic data evaluation.
"Finally, the request asked for by the expert consultants relative to the acquisition of the CD RAW DATA appears incomplete in so much as the name of the 'sample file' requested was not specified, without which the exact identification of the documented material the acquisition of which is asked for is not possible.
"Cough up the files, Judge Hellmann immediately tells her in a terse, hand-written note that very same day. Resolve your own 'perplexity,' he adds.
"'Dear Doctor Stefanoni,
"'I received your faxed note dated April 20th and take note of the relevant content. I ask you, however, regarding the official experts to kindly give to them copies of your and my responses communicated at the same time, consigning directly to them what is of interest, useful to acquire with the goal of completing the investigations, subject to the clarification of the perplexity that you mention... '"
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