Continuation Part 17: Amanda Knox/Raffaele Sollecito

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The defence has a right to this data. It is implicit in the principle of "equality of arms" covered by the ECHR. The prosecution has it, so the defence must have it too.

The contrary is true.
Truth is, under the procedure, prosecution cannot present documentation from such data to the court.
And in fact, they didn't do so.

To just give raw data to the defence after the session is closed, and basically after defence stance was already defeated on the point, would be fact a patent violation of the principle of equality of arms.
 
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The contrary is true.
Truth is, under the procedure, prosecution cannot present documentation from such data to the court.
And in fact, they didn't do so.

To just give raw data to the defence after the session is closed, and basically after defence stance was already defeated on the point, would be fact a patent violation of the principle of equality of arms.

The wonderful thing about Machiavelli's contributions here - is that they are a virtual roadmap of what went wrong in the 7 1/2 years of wrongful prosecution - until the March 2015 ISC finally ended the matter with exonerations.

The difference is: Machiavelli believes it was all right to engage in that kind of judicial violence.

Keep posting, Machiavelli, keep posting. You provide newcomers to this with the reasons why this has lasted so long.
 
I'll repeat the concept again.

1. The above letter does not prove Hellmann ordered disclosure of raw data.

2. The above letter, does not show the defence requested raw data.

3. Not only that. But the above letter also, in fact, does not even prove Vecchiotti and Conti wanted raw data, and even less that Stefanoni ever refused to disclose something or to cooperate; this because the communication between Vecchiotti and Stefanoni is not limited to that latter, but includes long direct talks between Vecchiotti and Stefanoni in accord to what emerges from hearing of May 21. 2011., communication through which they "clarified all points"; and above all because we have public declarations by Vecchiotti herself stating that she did not ask for and did not want raw data; Vecchiotti even praised Stefanoni for her maximum cooperation, and stated - repeatedly - that Stefanoni was cooperative to the point of giving her even more than what they asked, going "even beyond" what they requested her.

You cannot sweep such statements by Vecchiotti under the carpet. Even though Vecchiotti and Conti mentioned raw data in a letter to Hellmann (where - pay attention - they request Hellmann to search through the file to find for them a list of data "if it's not into the file records..."), yet evidently, subsequently to that they did not request raw data within their direct requests to Stefanoni, they didn't pursue such request; we know this, because this is what they state before the court on May 21. Vecchiotti stated that she didn't request raw data and that she wasn't interested in them.

Fortunately for all readers here, you are wrong, and demonstrably wrong.

As per upthread there is:

Let us also not forget the astonishing letter written by Stefanoni to Micheli on Sept 30th 2008, asking (or begging) the judge not to release data to the defence:
 
I'll repeat the concept again.

1. The above letter does not prove Hellmann ordered disclosure of raw data.

2. The above letter, does not show the defence requested raw data.

3. Not only that. But the above letter also, in fact, does not even prove Vecchiotti and Conti wanted raw data, and even less that Stefanoni ever refused to disclose something or to cooperate; this because the communication between Vecchiotti and Stefanoni is not limited to that latter, but includes long direct talks between Vecchiotti and Stefanoni in accord to what emerges from hearing of May 21. 2011., communication through which they "clarified all points"; and above all because we have public declarations by Vecchiotti herself stating that she did not ask for and did not want raw data; Vecchiotti even praised Stefanoni for her maximum cooperation, and stated - repeatedly - that Stefanoni was cooperative to the point of giving her even more than what they asked, going "even beyond" what they requested her.

You cannot sweep such statements by Vecchiotti under the carpet. Even though Vecchiotti and Conti mentioned raw data in a letter to Hellmann (where - pay attention - they request Hellmann to search through the file to find for them a list of data "if it's not into the file records..."), yet evidently, subsequently to that they did not request raw data within their direct requests to Stefanoni, they didn't pursue such request; we know this, because this is what they state before the court on May 21. Vecchiotti stated that she didn't request raw data and that she wasn't interested in them.

Wow. You know what? Thanks for this, because when LondonJohn posted the request from the independent consultants for:

CD Raw Data

I didn't understand that they weren't actually asking for the CD with the raw data on it and that therefore it couldn't have been "an integral part of the analysis carried out on the two exhibits".

Signor Conti clearly must have meant something else.

There's also this:

September 06, 2011

Stefanoni admits she didn’t provide the raw data to the independent experts. p253

Dalla Vedova: The raw data, several times our consultant asked us to request for them to be submitted and we did so, can you tell us in a few words what this raw data is and if this data is available today in the case files?

Stefanoni: So, the raw data is not available in the case files, because they were never, let’s say, handed over. I can explain what they are…
 
Wow. You know what? Thanks for this, because when LondonJohn posted the request from the independent consultants for:

CD Raw Data

I didn't understand that they weren't actually asking for the CD with the raw data on it and that therefore it couldn't have been "an integral part of the analysis carried out on the two exhibits".

Signor Conti clearly must have meant something else.

There's also this:

September 06, 2011

Stefanoni admits she didn’t provide the raw data to the independent experts. p253

Dalla Vedova: The raw data, several times our consultant asked us to request for them to be submitted and we did so, can you tell us in a few words what this raw data is and if this data is available today in the case files?

Stefanoni: So, the raw data is not available in the case files, because they were never, let’s say, handed over. I can explain what they are…

Well, all I can say is thank heavens it wasn't turned over, now that we know that turning it over would have been an equality of arms violation.
 
The contrary is true.
Truth is, under the procedure, prosecution cannot present documentation from such data to the court.
And in fact, they didn't do so.

To just give raw data to the defence after the session is closed, and basically after defence stance was already defeated on the point, would be fact a patent violation of the principle of equality of arms.

It's called "discovery" where I come from. It's incumbant upon both prosecution and defence to "discover" all evidence to be used in pleadings. Any conflict arising during argument between opposing advocates (barristers?) regarding expert evidence invariably results in calculations and raw data being disclosed as a matter of procedure. Non disclosure of "discovery" documents is criminal and refusing to present data would be contempt of court.

It appears Dr.(?) Stef. is in contempt of court.

South African Law is "Roman Dutch" in origin which draws from obvious legal regions.

Is Italian (Roman?) Law so different?
 
Stefanoni admits she didn’t provide the raw data to the independent experts. p253

Dalla Vedova: The raw data, several times our consultant asked us to request for them to be submitted and we did so, can you tell us in a few words what this raw data is and if this data is available today in the case files?

Stefanoni: So, the raw data is not available in the case files, because they were never, let’s say, handed over. I can explain what they are…

I found this over at Amandaknoxcase.com but from what document does it come? It appears to come from an appeal doc but when and where did the questioning happen?
 
The contrary is true.
Truth is, under the procedure, prosecution cannot present documentation from such data to the court.
And in fact, they didn't do so.

To just give raw data to the defence after the session is closed, and basically after defence stance was already defeated on the point, would be fact a patent violation of the principle of equality of arms.

I think not:

103. It is a fundamental aspect of the right to a fair trial that criminal proceedings, including the elements of such proceedings which relate to procedure, should be adversarial and that there should be equality of arms between the prosecution and defence. The right to an adversarial trial means, in a criminal case, that both prosecution and defence must be given the opportunity to have knowledge of and comment on the observations filed and the evidence adduced by the other party. In addition Article 6 § 1 requires that the prosecution authorities disclose to the defence all material evidence in their possession for or against the accused (Rowe and Davis v. the United Kingdom [GC], § 60).
 
It's called "discovery" where I come from. It's incumbant upon both prosecution and defence to "discover" all evidence to be used in pleadings. Any conflict arising during argument between opposing advocates (barristers?) regarding expert evidence invariably results in calculations and raw data being disclosed as a matter of procedure. Non disclosure of "discovery" documents is criminal and refusing to present data would be contempt of court.

It appears Dr.(?) Stef. is in contempt of court.

South African Law is "Roman Dutch" in origin which draws from obvious legal regions.

Is Italian (Roman?) Law so different?

It makes little sense in this trial or any serious case that data would be denied on a technical basis. One great frustration is not being able to undrrstand what the Italian rule exactly are.

Most doubt Mach is giving us the precise truth but it has seemed that the courts have ruled more as he predicted on evidence matters than not.

It would seem that defense lawyers would have boilerplate requests and would ask for everything from day one. But in Italy it seems the authorities aren't generally doubted so perhaps it isn't normal procedure.

IIRC in the first trial requests were made but Massei denied them based on need to know. They didn't test the semen stain because he figured it wasn't dated and wouldn't prove anything. Hard to believe that would be a reason.

It's more than dietrology it really seems the Italian brain operates in a different way. My favorite is that a small pile of compatibles adds up to a match.
 
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You are lying again.
The expert who allegedly "couldn't count the rings" has nothing to do with the expert who attributed the bathmat print.
The experts who attributed the bathmat print (Rinaldi & Boemia) are also the ones who correctly attributed the shoeprint.

Is that all you got Mach? Liar, liar, pants on fire?

What we've seen in this case over and over again is prosecution witnesses that were either totally incompetent or willing to say whatever the prosecution wanted.

But it's over and the good guys won.
 
It makes little sense in this trial or any serious case that data would be denied on a technical basis. One great frustration is not being able to undrrstand what the Italian rule exactly are.

Most doubt Mach is giving us the precise truth but it has seemed that the courts have ruled more as he predicted on evidence matters than not.

It would seem that defense lawyers would have boilerplate requests and would ask for everything from day one. But in Italy it seems the authorities aren't generally doubted so perhaps it isn't normal procedure.

IIRC in the first trial requests were made but Massei denied them based on need to know. They didn't test the semen stain because he figured it wasn't dated and wouldn't prove anything. Hard to believe that would be a reason.

It's more than dietrology it really seems the Italian brain operates in a different way. My favorite is that a small pile of compatibles adds up to a match.

A massive travesty of justice was averted by the tenacity of the Knox/Sollecito legal camp (including substantial financial sacrifice), despite a seemingly loaded legal system.

What's chilling is how many other innocent people languish behind bars, not just in Italy but elsewhere?
 
It makes little sense in this trial or any serious case that data would be denied on a technical basis. One great frustration is not being able to undrrstand what the Italian rule exactly are.

Most doubt Mach is giving us the precise truth but it has seemed that the courts have ruled more as he predicted on evidence matters than not.

It would seem that defense lawyers would have boilerplate requests and would ask for everything from day one. But in Italy it seems the authorities aren't generally doubted so perhaps it isn't normal procedure.

IIRC in the first trial requests were made but Massei denied them based on need to know. They didn't test the semen stain becausehe figured it wasn't dated and wouldn't prove anything. Hard to believe that would be a reason.

It's more than dietrology it really seems the Italian brain operates in a different way. My favorite is that a small pile of compatibles adds up to a match.

Yes, quite. Since they are obviously perfectly capable of understanding that the mere appearance of samples does not permit dating, but requires another solid input, then they should have been able to work out that the samples of Amanda in the cottage could not be regarded as incriminating.

On the other hand, Guede's DNA and prints in blood in Kercher's room are dateable for rather obvious reasons.

However, if the semen was Guede's too, then that would be dateable, as he had never been in that room before. If it had been Raffaele's, it would also have been incriminating. If Silenzi's, then not.
 
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I want to thank all of you who posted the evidence regarding the requests made for the raw data and Hellman requesting that Stefanoni produce them. It was bothersome having Machiavelli committing callunia or is it calumny against me.

I refuse to call him a liar as he has called me. He lost and truth and humanity won out. All that is left for him is slander...that is until his hero Mignini finds another innocent victim to put behind bars. How many is it now Mach? About 20 in the MOF case and 2 in this one? The real monsters are Mignini and the cabal of sycophants that enable him.
 
I anticipate that I won't follow your reasoning circles, where you will just repeat your theory about some interlocutor again and again.

You may only ask me questions about what I see; and you can ecpect my answer to be consistsnt. I can't answer for what Bill Williams sees.

Among things I see, there is a very simple reality: Vecchiotti is a fraud. She lied. She lied in her report, she lied in court.

Incidentally, it is also evident, to me, that Vecchiotti & Conti did not "demonstrate" anything (not even Stefanoni's purported "incompetence", which is not, and in my opinion on principle should not, ever be a discussion topic in the case; turning a trial into a discussion about Stefanoni's incompetence would be itself a cheating and a fraud: a trial must be focused on the suspect).

But clearly a very shocking element, to me, is the glaring obvious evidence that Vecchiotti is a liar and a fraud.
Just think about my point of view, the point of view of someone who has this evidence before his eyes: this is the first and main thing I would point at.
The evidence of Vecchiotti being a liar and a fraud is something incomparably more glaring and self-evident rather than an assessment on the academic qualifications or quality of some specialized trainings of Stefanoni. It's incomparable. It's like the Sun and the Moon. Evidence of Vecchiotti's fraud is shining and pervasive, was at the center in the history of proceedings like a sun within its solar system.

The people in this thread live in their own world. I don't care if they only see Stefanoni, go on ranting about "incompetence" etc., they may think this is the topic, their rants are void. I don't follow their delusion, I point at what I see.


You are either incredibly naive, or biased beyond hope of ever correcting YOUR delusional rantings. Here's a short list of Stefanoni's obvious incompetence:

#1 – Stefanoni's collection of the forensic evidence was such a joke, that when the video of her bumbling team ineptly collecting evidence was played in Hellmann's court, the video had spectators in court laughing aloud – you simply don't need to be an expert to grok that Stefanoni's bumbling forensic team was the Italian version of the Keystone Kops.

#2 – While laughing by a court's spectators has zero legal or scientific effect, most DNA and forensic experts who have viewed those same videos were far too shocked to laugh.

The cottage should have been PROPERLY processed in a matter of 4 days, or less. Yet, 46 days later Stefanoni's bumbling team returned and improperly bagged the bra clasp, which should have been first photographed in situs, then promptly picked up using sterile tweezers and promptly bagged, which of course didn't happen.

To neglect evidence for 46 days is bad enough, but it's inexcusable on Take-2 to totally botch the collection process, especially when dealing with LCN-DNA evidence.

#3 – both the knife and bra-clasp were LCN-DNA samples, and neither Stefanoni's lab or equipment were even designed to process LCN-DNA.

Even if Stefanoni had the right equipment to do LCN-DNA analysis, there wasn't enough DNA on the knife (36B) for Stefanoni to divide it up into even two parts. Dividing an LCN-DNA sample into 3 parts, which can be done with as few as 5 human cells, is preferable, but Stefanoni had too few cells (or none) to even divide the 36B sample into 2 parts.

As Stefanoni admitted on the stand (during the Hellmann trial), her test of 36B didn't conform with international standards, and thus it wasn't scientifically done.
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I could go on and on about Stefanoni's obvious incompetence, but let's end this with Stefanoni's failure to turn over the Electronic Data Files (EDFs) to the defense. Massei ordered Stefanoni to turn over the EDFs, but she never complied.

Hellmann likewise ordered Stefanoni to turn over the EDFs, and again she didn't comply.

By international standards, the EDFs should be automatically given to the defense during the discovery phase (the EDFs are typically burned to a CD).

From the Hellmann trial we have this exchange between the prosecutor and Vecchiotti & Conti:

Prosecutor: In a moment let’s have a look at the delivery note. But even if you didn’t find them didn’t you feel the need to ask Stefanoni for them?

Vecchiotti: I asked Dr. Stefanoni twice for the electropherograms taking for granted that she would have included them.

Prosecutor: That she would have included the electropherograms for the negative controls?

Vecchiotti: No that she would have… that in the electropherograms there would be the samples, there would be the negative controls, because why shouldn’t they be there?

Prosecutor: Yes but when did you notice that they weren’t there…

Conti S: We asked for them again.

Prosecutor: Because then you’d have noticed that they weren’t there, right?

Vecchiotti: It’s obvious but it’s her responsibility to attach them, because why do they need to be asked for? It shouldn’t be necessary to ask for them.

Prosecutor: You’re the expert Doctor.

Vecchiotti: Look they don’t need to be requested in that case, they [NEGATIVE CONTROLS] should be produced by those who have them.

Prosecutor: Is this also an international rule, universally recognized?

Vecchiotti: That the negative controls are included, yes.

Prosecutor: Whatever, they should be included, and one time they forget to include them but they exist…

Conti S: They were requested twice.

Prosecutor: …it’s good practice for the expert to ask for them…

Conti S: In fact we asked for them twice.

http://www.amandaknoxcase.com/raffaeles-kitchen-knife/
 
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Italy's "Staged" Judicial Practices

The contrary is true.
Truth is, under the procedure, prosecution cannot present documentation from such data to the court.
And in fact, they didn't do so.

To just give raw data to the defence after the session is closed, and basically after defence stance was already defeated on the point, would be fact a patent violation of the principle of equality of arms.

As long as we're talking about fraudulent credentials and pretend or "staged" judicial practices in Italy, just came across this gem on twitter:

https://infosannio.wordpress.com/20...e-tutto-falso-la-replica-vittima-di-stalking/

Am I mistaken, or wasn't this self-described "lush" person an "expert" on Italian TV shows claiming Raf and Amanda were guilty?

Apparently with an entirely falsified resume, if I am reading this correctly, Ms Bruzzone was able to participate in an actual trial as an "expert"? Can that possibly be true?

MAch, can you please comment on the rampant circus of corruption and fraud to which Italian society appears to be habitually subjected?

And while you're at it, please try again to be specific in your criticism of Conti and Vechiotti, so we can try to understand if your support of Stefanoni isn't just more of the "Bruzzone Effect".

Thanks in advance -

Here's a google translate:

Roberta Bruzzone? "His resume is all false." The reply: "Victim of stalking"

Roberta Bruzzone is now a face and a name known. You see it everywhere. The 37 year-old who appears to be a couple of months on TV is the criminologist who defends Miche Misseri. Affaritaliani.it, some time ago, he made a portrait extolling his resume (and its image as a criminologist from fiction). From the University of California, where he made "a period of training," through the Duke University (North Carolina - USA), where he was a researcher.

He also attended the University of Texas and Philadelphia. Not to mention, then, of his countless titles (President of the International Academy of Forensic Sciences, member of the 'International Association of Crime Analysts and many, many others). In short, a very respectable career, without forgetting that the blonde criminologist is also an author and television host. But a few days circulating a document among journalists, and others, that "dismantles" its curriculum: all fake. Or rather, a huge part of her experiences would never have been made. To be verified, of course, but in the script there would be some evidence, then denied by Roberta Bruzzone interview to Business.

Some examples. The document states that, contacted the University of California (San Francisco office), the response was: "It does not appear that Roberta Bruzzone has attended masters or other training courses at our University." The Vidocq Society Philadelphia (Prof. Bill Fleisher) declares: "The Lady Bruzzone not have any kind of connection with our scientific society." And yet, the American Embassy in Rome: "The Director of the BSU Quantico announced that Dr. Bruzzone not know and who have never had contact with her for research."

Same answer from the Vancouver Police Department, "Ms. Roberta Bruzzone has never developed research projects with this Department." The Bloodstain Evidence Institute (Dr. Herbert Leon MacDonell, however, admits that the Bruzzone has participated in a short introductory course in five days at our institution, "but assures that" did not pass the final exam even easier. "The institute criminology, says the document, said to have already received reports on "fake resume" the 37 year-old, decided to diffidala "publicizing his experience in Italy in BPA and have formed in our school."

But there's more. The dean of Duke University ensures that "does not appear that Roberta Bruzzone was formed at our University it has carried out research with us." Finally, the Texas State University, in the person of Prof. Kim Rossmo concludes assuring that "Mrs. Roberta Bruzzone did not contribute in any way to the development of software Rigel and has no connection with the Texas State University". So, Roberta, according to the document circulating among journalists, falsified and inflated his experiences.

The criminologist who first case of Avetrana had been part of the trial of Rosa Bazzi and Olindo Romano, tells a lot of lies, according to the document. On the other hand, in the Facebook page dedicated to her writing: "Better to have to do with the murders and with journalists." And maybe this is right. But when he adds, ever on the social network, that "if you are beautiful but you are not an escort all go into crisis in Italy, some have known before to do my job enough blue eyes, blond hair and physical 'lush' me I saved them all the studies done, specialization and continuous updates around the world ", then there are the doubts. (Benedetta Sangirardi - affaritaliani.it)
 
I want to thank all of you who posted the evidence regarding the requests made for the raw data and Hellman requesting that Stefanoni produce them. It was bothersome having Machiavelli committing callunia or is it calumny against me.

I refuse to call him a liar as he has called me. He lost and truth and humanity won out. All that is left for him is slander...that is until his hero Mignini finds another innocent victim to put behind bars. How many is it now Mach? About 20 in the MOF case and 2 in this one? The real monsters are Mignini and the cabal of sycophants that enable him.

Mignini's ability to do any more damage has been significantly curtailed due to his recent "promotion".

In his new job, as deputy (something something), under Galatti, Mignini can't lead investigations or prosecute cases in court. He is only allowed to sit on appeal hearings, and only then with other judges to baby sit him and keep him out of trouble.

Mignini has been effectively warehoused by the Italian judiciary in a ceremonial cul-de-sac, until they are ready to ship him off to prison, where he belongs.
 
I want to thank all of you who posted the evidence regarding the requests made for the raw data and Hellman requesting that Stefanoni produce them. It was bothersome having Machiavelli committing callunia or is it calumny against me.

I refuse to call him a liar as he has called me. He lost and truth and humanity won out. All that is left for him is slander...that is until his hero Mignini finds another innocent victim to put behind bars. How many is it now Mach? About 20 in the MOF case and 2 in this one? The real monsters are Mignini and the cabal of sycophants that enable him.

Is that all you got Mach? Liar, liar, pants on fire? What we've seen in this case over and over again is prosecution witnesses that were either totally incompetent or willing to say whatever the prosecution wanted.

But it's over and the good guys won.

Short term memory loss?
 
Mignini's ability to do any more damage has been significantly curtailed due to his recent "promotion".

In his new job, as deputy (something something), under Galatti, Mignini can't lead investigations or prosecute cases in court. He is only allowed to sit on appeal hearings, and only then with other judges to baby sit him and keep him out of trouble.

Mignini has been effectively warehoused by the Italian judiciary in a ceremonial cul-de-sac, until they are ready to ship him off to prison, where he belongs.

I wouldn't count on him being sent to prison, unfortunately. I'm just glad he is being prevented from sending any more innocent people there.
 
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