You are entitled to your point of view on these matters, but you are not fully correct in several respects. The Conti & Vecchiotti report continues to exist in the dossier of the court, as does the letter from Dr. Budowle regarding DNA. While the verdict of the Hellmann court was set aside (annulled) by the CSC, the records of the Hellmann court, including its testimonies and its motivation report, are not somehow destroyed by the annulment. All these dossier materials are extant and may be reviewed by the CSC or, if the murder case reaches it (as a claim against Italy for one or more violations of the Convention), by the ECHR.
Regarding Professor Peter Gill and his recent book,
Misleading DNA Evidence: Reasons for Miscarriages of Justice, Raffaele Sollecito references Chapter 5 of that book in his recent appeal supplement to the CSC. Thus, Dr. Gill and his opinions, as expressed in the book chapter, are indeed before the CSC. He has summarized many of his opinions on the case and DNA analysis in his recent Italian TV interview. For the benefit of those interested, I copy here an English language summary of the part of Mr. Sollecito's appeal supplement relating to Dr. Gill's book. The summary may be found at:
http://www.amandaknoxcase.com/. {Bold emphasis and text in { } added.}
Ninth Reason:
The Limits of DNA Evidence.
It is fundamental that the judges of the Court of Cassation ask themselves what are the limits found by a judge during the assessment of a scientifically controversial result.
How has a judge to consider forensic evidence when different experts give opposed opinions on it?
What is certain is that the judge has to explain his choice extensively and without contradictions, but it is also certain that the forensic evidence itself must satisfy severe standards, namely that of beyond any reasonable doubt, before being used to convict.
To this end, the judge has to consider that DNA itself is not always a reliable tool, sometimes leading to out and out miscarriages of justice. This is the subject of
a recent work by one of the most worldwide renown experts on the forensic use of DNA,
Peter Gill.
In his book {
Misleading DNA Evidence: Reasons for Miscarriages of Justice}
Gill details how wrong conclusions can be drawn from a scientifically improper view of DNA as evidence, how much contamination is important and at the same time underestimated.
Miscarriages of justice may happen when DNA analysis is too concerned in finding matching profiles and neglects how and when the DNA was deposited.
The book also stresses the importance of strict controls on every link of the chain of recovery and custody of the evidence and also of a complete documentation, while in these proceedings we are still waiting for the Raw Data Files pertaining to the original 2007-2008 tests.
Therefore a judge cannot accept a given test result without having before ascertained the quality of the evidence, with a particular attention to determine “how, where and when” a given DNA was laid down.
Chapter Five of Gill’s work deals with the DNA in the Kercher case and his analysis fully supports the conclusions of the defense with respect to the lack of evidentiary value against the defendant of the DNA evidence collected and analyzed in this case.