This is an almost complete listing of Machiavelli's contributions to this thread for the last two days. See if you can make head nor tale out of the responses. For proper context, some of the things he was responding to is included between quotes.
This is the last two days.
Machiavelli said:
There is a concept that witnesses are presumed truthful.
Also, when you have news reports that are not denied by any of the people involved, serious newspapers reporting about people such as the lawyers in question, it's just unreasonable to pretend to ignore that.
Machiavelli does not say why this applies only to the prosecution side of things; but when it does it sudenly requires the defence to prove the testimony wrong, rather than have the alleger prove the veracity of their statement.
Machiavelli said:
Evidence would be, that if you assert that a newspaper is making a false claim (or that a police officer or judge is lying), you need to prove it.
Again, this only applies to the opposing side, not to the side Machiaelli favours
Machiavelli said:
TMB disproves nothing. I have quoted scientific literature finding TMB is less sensitive and less specific than luminol, and you bound up your eyes with prosciutto.
Nobody is able to disprove a grain of evidence. But your stunning belief in things you can't prove that defy any reality and common sens, stays unchallenged. Spare me your nauseating, silly defamatory comments about Mignini.
Machiavelli said:
This is twisted information from rules of jury-based jurisdictions that you apparently wish to transplant (after twisting it) in other systems. This oblique point has no content, it is irrelevant. Those kinds of reference do not answer to the points that circumstantial evidence needs to be answered if you want to challenge it.
Machiavelli said:
The idea that you need to find DNA or fingerprints of Ms. Knox in Meredith's room in order to "not contradict" their guilt, is a kind of assumption that, as I said, is too irrational to discuss. I point out that any pro-Knox position that is based such irrational settings, is not going to be an argument able to challenge guilters, judges or the rest of the world.
Machiavelli said:
You make a series of inferences and conclusions, both about laws and facts, which appear to me as devoid of any basis. I recall you read art. 111 of the Constitution and you inferred the Italian system was an 'adversarial system'. I see a sort of hyperbolic level of ideology working in your analysis, the attribution of some kind of your personal 'absolute' meaning to some pieces of the law, a meaning which is usually unrealistic and extreme, and you elaborate on this personal ideas of yours.
But those ideas are not the law.
Machiavelli said:
I've said there is no 'duodenum alibi' and my statement is standing unchallended.
There was no constant CCTV coverage. The parking lot cam activates only when someone or a vehicle crosses by at the entrance.
Machiavelli simply slides by the fact that the poster was not claiming "constant coverage", but that the CCTV did pick up people's movements, which interestingly enough, Machiavelli confirms!
Machiavelli said:
Btw, I have noticed that nobody was able to deal with the contradictions in the Rudy-lone-perpetrator scenario, as I recently exposed them, and all pro-Knox posters gave up responding.
The people here in my opinion follow a profoundly intellectually dishonest posting habit, but I don't think they even realize it.
This was was in response to Kauffer saying,
"I've noticed he does not usually respond when his erroneous claims are dealt with. I have a growing list. I expect a lot of people here do. He is profoundly dishonest in his posting habits."
Machiavelli said:
The above quoted statement makes no sense.
So there is a "very clear intantion" to "hide evidence of exculpatory character" (?). The causal statement is missing. There is no causal antecedent.
And the statement doesn't remotely address the problem I raised which apparently intended to answer to, that is the complete inconsistency of a conspiracy theory scenario, as well as its total lack of evidentiary support.
In addition to that, no entity such as "the PLE" exists.
Machiavelli said:
Absolutely not. I intend to send them to jail based on a totally different set of evidence. But I also don't wish to allow the pro-Knoxes to use a false characterization as a defensive shield: I intend to take away that shield from their hands, show it is a bogus paper shield.
The one above was in response to M.'s claim that Rudy and Amanda re not "differnet in kind", he thinks Innocenters use her status as an honour student as proof of some sort of moral superiority. Where he gets that, I do not know.
Machiavelli said:
Now, the Mobile Squad instead. Some may like to assume soem of the police officers are not that angels, they may have committed offences, etc. But this is not something from which you can deduce that a conspiracy theory could make sense. Because you don't need just some few cops who are ready to break the law. You can't go much further with Napoleoni's intemperance. You would need a pre-planned and/or systematic conspiracy performed on a wider scale, by entire offices (not just one) and on a much higher level, and with evidence convincing, compelling motives, in order to manifacture evidence on a murder case like this one. You would need a whole conspiracy theory which looks immediately unproven and unrealistic. And also, what evidence, after all?
Had they decided to manufacture evidence, why don't manufacture phisical evidence on a massive scale. If they had the capability and the will to manufacture such a technical piece of evidence like the kitchen knife, this means they could much more easilly have placed flocks of the victim's DNA wherever they wanted to; they could have placed massive easy-to-produce evidence. The whole conspiracy theory stands out immediately as inconsistent and nonsens when you try to fit these aspects in.
Not to speak about the fact that DNA evidence is unnecessary in this case.
The one above is Machiavelli's strawman, convoluted argument.
Machiavelli said:
Now, Quintavalle didn't talk to any talk show, a journalist came and interviewed him at his shop. That's not particularly cautious on the part of a witness, but most people are not prepared to be witnesses nor to resist to media pressure, and it's not a reason for deducing that Quintavalle did something wrong.
Machiavelli said:
Why? There is no evidence of this. Either you believe Volturno, or you don't. If Volturno tells the truth, there is no evidence Quintavalle ever lied.
In addition to that, Quintavalle would have no motive to lie.
Machiavelli said:
Stefanoni is on no hook; there us no suspicious answer no lie in her questioning, and certain not on this point: here her answers are absolutely ok and it seems paranoid to see something wrong in the fact that she never had experience of a contamination incident in her lab. You really should try some better ground for your attacks.
Machiavelli said:
What a BS. Nencini never concedes there are even two "extra males". And he does not mean to make any complete list of possible contributors.
..... which is what Judge Nencini exactly does do, in saying that the extra alleles probably belong to Meredith's boyfirend, and two of her "amica". It's amazing that Machiavelli says the exact opposite of what Nencini wrote.
Machiavelli said:
But of course Candace Dempsey is "unreliable", just like Nina Burleigh. But to say unreliable is an euphemism. Those are among the earliest on the PR team.
No, Nara had never been in an asylums. Also, there are no real asylums in Italy. People can be involuntary committed to some hospitals only if they commit some serious crime.
Machiavelli said:
It seems to me it is one of the pro-Knoxes specialties. They find incontrovertible truth on a field medical science holds as "largely unexplored" such as the gastric emptying lag phase.
The above was Machiavelli's response to it being noted that he now adds human digestion to his list of expertise.
Machiavelli said:
This is another twisted one. Stefanoni was asked if it had ever occurred to her that they found evidence that a result in their laboratory was the effect of contamination. Stefanoni said: no, I naver had evidence of such a problem.
This one was a response to Judge Massei noting that he believed Stefanoni when she said she'd neer had a case marred by contamination.
It's not that I am not interested in the truth. I am very interested in the truth, and I think it has been found. I am only not that interested in forensic science. I don't accept that a trial is mistaken for an investigation on forensic science. And I also radically object to the ideology that the "whole truth" is to be found only within a comprehensive release of all the data and for that data to be peer reviewed. I believe the only review of evidence must be within the trial, and subject to the interest expressed by the judge and by the parties. The only trial must take place within the courtroom.
There is no standard of any kind for pieces of evidence.
Pieces of evidence cannot be subjected to evidentiary laws of the kind you have in jury based systems.
Machiavelli said:
However I don't see why you say I have "accepted" (and what does exactly that mean?) that the girls "ate at 7 20pm", and even that (!) digestion autopsy "allows a death at 9 pm, no later".
I don't understand what does it mean that something should be deduced from the fact that I considered a scenario where the time of meal was conventionally placed at 7:20, I merely consider it as not necessarily impossible if we want a conventional time; and it's not clear how this could conventional time could determine a conclusion that the autopsy only "allows" a death at 9pm and not later.
Finally, Nara Capezzali: a scream like that cannot be attributed just to someone else as if it was a normal event. It is not something that the people in that neighborhood used to hear every other day. And also it is to be crossed with another witness, because it's two witnesses who heared the scream: Nara Capezzali and Antonella Monacchia. They both locate it later than 9pm, they describe it in the same was and they both locate it exactly in the same place.
Moreover, the scream appears for the first time as a very remarkable element in Knox's false statement of 05:45 to prosecutor Mignini, and it is also emphasized in Guede's phone conversation.
Why so many independent sources emphasize it like that? They do not merely report of it, they emphasize it, they associate strong memories to it.
It's not an element that you can easilly dismiss.
Machiavelli said:
This is your opinion about the Polizia Scientifica report. I don't subscribe to it, I don't think that is a crappy work at all. I also don't consider it a laboratory work, and not as a report produced by one individual. I think it is also an unfounded assertion to say that operational procedures were not in place. Yet, I am not going to argue about your opinion. I will put it on a shelf. The point is elsewhere.
This is a murder case. There is a judge, and the focus of judgement is the defendant alone (and this is true even more when there is an inquisitorial principle in the system). Not the quality of the investigation, not the professionalism of this or that expert or witness or party, not even the quality of a piece of evidence: just the defendant alone. It's no zero sum game: the defendant does not become innocent if the detectives are unprofessional or the forensics are not good and not even if the prosecution is sloppy. Guilt or innocence of the defendant can only be asssessed by a judge directly and independently from all these external elements.
Machiavelli said:
Second, this is a murder trial means it is about an overall system of evidence; it not a trial about DNA, nor about forensic evidence. It is only about evidence as a whole. And DNA, in this case, is an unnecessary element. Even if the forensics had been completely sloppy and had provided no DNA evidence at all, had I been the judge I would have convicted anyway. I would find them guilty beyond reasonable doubt with no need of DNA at all.
Yet, DNA here is not a "crappy" result at all. The bra clasp and the knife are valid results and good evidence simply because they fulfill the intrinsic property of good pieces of evidence: there is no likely explanation for them. The myth og "contamination" is in fact a conspiracy theory and thus is worth nothing.
Machiavelli said:
And DNA findings on the knife are also part of a contiguous system. The victim's blood on the knife, for example, is not just backed by the DNA result, but also by the defendant's own admission that the knife came into contact with the victim. There was also the defendant admission that the victim's DNA might be found on the cleaning rags, there was Knox's admission in prison saying she was worried by the knife, there was Knox's DNA on the handle and on the blade at the handle insertion and there was her own blood on the tap where the murderer washed him/herself together with the victim's blood. Knox's DNA on handle, Sollecito's double and repeated admission, Knox's admission, Knox's DNA on blade, Knox's blood: this is a contiguous pattern of elements. In Italian legalese we say conducenti, they are "conductive". The knife is also an incredible match to the bed sheet imprint.
All this is what makes the knife a piece of circumstantial evidence.
Machiavelli said:
I didn't forgot. I remember it differently. Comodi did not refuse, she accepted. Se evidently told Stefanoni to provide documentation.
After that, what happened is:
1 - the defenses (in particular following Tagliabracci's testimony) said some SAls were missing, asked if there was further documentation and asked if they could have them, but failed to request raw data or to complain about their absence.
2 - Comodi said they had no further documentation, those SALs didn't exist
3 - judge Massei denied the defence request (not Comodi), assessing that the defence failed to explain why they should need further documentation (and the issue of raw data was never discussed)
4 - the defence did not seek "dismissal as a result" of said denial. They sought "dismissal" (actually annulment of Stefanoni's testimony) but not as the result of failure to provide full documentation nor failure to provide raw data; they sought as the result of late discovery, that was after Tagliabracci's notes in his testimony. Thus, not failure to provide data, but late discovery, that is having provided some data too late.
5 - Massei denied the annullment request, on the reasonable ground that it was the defence who didn't seek the data in the incidente probatorio; so did Hellmann, and so did Nencini.
The defence was clearly not focused on obtaining raw data, and was not focused on missing data at the the of the final disclosure.
Machiavelli said:
Well, as a citizen, I think there are some scientists who may need to be lectured about law, and some anonymous posters (maybe lawyers) who seem to have indulged too much to posing as self-proclaimed judges. But mostly, there is a club of conspiracy theorists that hosts among them also a vein of badly concealed prejudice and a sort of ideological anger.
Machiavelli said:
The pro-Knox are finished. They are going nowhere if their arguments are those of these comments. It's going to be a small club of conspiracy theorists forever split from our reality. The defence and the expert activists are no tax collectors, they are no public officers, and the defence did not make a request that was not fulfilled with the rules and opportunities provided by the system. The defence obtained all data they were interested in, and left out what they decided to leave out. Al their legitimate requests were fulfilled.
It's obvious that if their intent is to introduce further evidence at the appeal trial (the Florence one) only because people like Hampikian want to seek material to feed campaigns (calling themselves "tax collectors") this is not a legitimate reason for request. If the defence or other experts want to act as tax collectors and investigate the honesty or the validity of laboratory results, they should file a complaint and request of investigation with a court. They can't do this within the Knox trial.