Planigale,
Has Machiavelli backed up the claim that you quoted with a citation of a particular statute? IIRC Chris Mellas wrote a comment to Frank Sfarzo's blog, in which he said that with respect to the testing on one date, they were given only a few hours notice, and it is about 2 hours just to travel from Perugia to Rome. Professor Potenza was an observer, and he
raised objections: "...both have been subjected to DNA analysis that gave amplification products of extremely weak intensity and considerably below the minimum recommended by the recommendations of the GEFI (Italian Group Pathologists Forensic); furthermore, the results obtained have not been consistently reproduced in the other amplifications since for the same samples were obtained amplifications with buoyancy allelic differences for some loci."
In Professor Dan Krane's opinion, observing the testing is almost worthless, but having the electronic data files is critical to a complete case review. I would add that it would be more important to observe Stefanoni doing the analysis, as opposed to the testing.
We also know that in 2008 Professor Pascali was denied his request for electropherograms that just had the peak heights on them, let alone actual raw data. The analogy that you are trying to draw doesn't work for me. If a lawyer fails to raise an issue during the trial, that is one thing, but we are talking about pretrial discovery. In addition, if a lawyer does a very poor job, his or her client may appear on the grounds of ineffective assistance of counsel. We also know that Machiavelli's whole argument is dubious; Professor Novelli was apparently able to get what he wanted just by saying "pretty please."
BTW, I found that I did not remember Professor Potenza's
second report, especially with respect to the DNA found at Rudy Guede's apartment. For example, "148) 3 samples of presumed blood substance carried out on a towel found in the bathroom: DNA analysis have provided a profile attributed to Rudy Guede." Sounds like someone was bleeding in his apartment.