Actually, it's you (possibly the defensive argument) that is dogmatic, a belief that testing negative to some tests means that it is not the murder weapon (regardless of further information).
Its ISC that wrote this, and its quite rational. The point is that a lack of blood on the knife, stands in contradiction to the idea that the knife is the murder weapon. That fact alone should have excluded the hypothesis it was involved in the murder. Further, the presence of starch showed the knife was subjected to normal cleaning, and any blood would likely have been absorbed by the starch left behind.
And Stefanoni's DNA result showing Meredith's DNA on the knife, was unreliable as evidence because it was too small to be repeated, and not tested in accordance with accepted international protocols. In addition, the knife was subject to absurdly poor collection and custodial practices, and handled in a box like it was a Christmas present (no doubt a reference to Commodi promenading the red ribboned gift-wrapped knife around the court room, like she thought she was at a children's play, thinking as if to show a gift-wrapped knife was somehow equivalent to proof or evidence. THAT'S what Maracsa report argues, and it's quite reasonable.
The knife was not the murder weapon, and the only reason to suggest it was, is the scientifically insufficient result from Stefanoni's lab. And specifically, Marasca criticized Stefanoni for stating in absolute terms that the knife MUST be the murder weapon, when if fact there was no evidence acceptable in Italian courts that raised the possibility it actually was.
I think you have misunderstood the requirements of evidence having a certain level of integrity, in specificity, certainty and reliability, and this is a mistake you make over and over again. This really more than anything else, is the underlying flaw in much of your arguments. You take things that are approximate in one direction, determine them compatible with your thesis, and behave as if you have made a point. You haven't. Not in an Italian court, not in any decent court, and not with me anyway. Conjecture and fantasy are in no way meeting the burden of proving a case 'beyond reasonable doubt'. These two principles (valid evidence and reasonable doubt) are why your arguments fail repeatedly. But let's trudge on.
Chieffi called C&V dishonest. And that verdict is final.The point that contamination shall be proven - at least shown to be probable - is a point of law the B&M court cannot overturn.
Setting aside what Chieffi did or did not say regarding C & V, Marasca pointed to them as independent court appointed experts, and relied on their findings to discredit the work of Stefanoni. That's what Marasca wrote, and that actually is the FINAL word on the subject: C & V are solid honest professionals who explained Stefanoni's egregious errors and why her work was not acceptable in a court room.
Alleged "international protocols" actually are non- existent. C&V cite many opinions and recommendations that don't have any status of "protocols", most of them are rules of peculiar systems and jurisdictions. But anyway a piece of evidence can't be dismissed preliminarily based on " protocols". This also belongs to the principles of the Italian system. It's true that Bruno/Marasca is idiotic beyond that. They go even further in their legal nonsense, as I said some posts ago.
The judicial reasoning on this point is quite detailed. That you would resort to calling it "idiotic" shows you are just giving up on the argument and resorting to ad hominem attacks. The point they are making, is that scientific evidence, like any other form of evidence, must be sufficiently reliable to be considered solid enough to be a building block in a conviction 'beyond reasonable doubt'. That if the science is shaky, the purported evidence becomes unreliable, and therefore can not be used as evidence to support a conviction 'beyond reasonable doubt'. What Marasca found, was that Stefanoni's use of "Low Copy DNA" was not scientifically valid, because it was not tested at least twice. And Marasca relied on the expert report of C & V in part, and also on the similar assurances from Berti and the cabinieri team. Marasca doubted the reliability of Stefanoni's DNA results on the bra clasp and knife due to poor collection, poor retention & storage, and insufficient lab work due to the non-repeatability of the procedure. Chieffi's principle that, "contamination must be proven" is now over turned as it had to be. As Dr Peter Gill pointed out, no defendant would be able to meet that burden, that "reversed burden" of proof.
Marasca's motivation report saved Italian justice system by correcting the record on Chieffi's glaring error on this point.
Which is even more telling about how rotten and false this judgement is. Since it's false that computer data was destroyed. This is a lie by the defence, which the court copies and pastes (among many other things) without checking the papers. Two of the three disks were recovered completely, the third had recoverable data, which Massei didn't want to recover as he considered them not interesting.
The main point in this paragraph, is that Marasca stated it is impossible to believe that Amanda and Raf could have participated in the murder, and not left any traces of themselves in the murder room or on the body of Kercher herself, while there were copious amounts of traces relating to only Rudy Guede. Marasca wrote that it was a further impossibility that the absence of any traces could be explained by a "selective clean-up" because such a hypothesized clean-up (which the state's prosecutor did argue at this appeal) was impossible. And not only was such a selective clean-up impossible, it was so obviously impossible that the prosecution should not have even needed to consult an expert because it was so silly a suggestion. THAT'S what Marasca wrote, and it is clear as can be.
Regarding the destruction of the computers, I think the focus of Marasca's criticism was a disbelief at the amateur incompetence of the prosecution's experts who incredibly destroyed the computers in the first place, by damaging them with electric shocks. Putting aside your claims that the drives are completely recoverable or in any event immaterial - which is obviously disputed, you must at least agree that the "experts" who fried the computers either didn't know what they were doing, or did it deliberately and belong in jail. In any event, its is satisfying to know that Marasca included this absence of evidence, this error on the handling of evidence by the prosecution, as one more reason for not referring the trial for another appeal. The prosecution's poor handling of the evidence, was counted against the prosecution and in favor of the defendants on the principle of the presumption of innocence - another principle with which you seem to have extraordinary difficulty grasping.
And yet, as I said, the report also states that Knox's presence at the murder is a proven fact and that it's certain. It states that both before and after the statement about "tranquillizing certainty"; it even explains at length in support of their certainty.
I realize this is crazy and inconsistent. But so is the verdict.
Well Mach, I believe you have misread the Marasca report on this point. Let's look at the actual quote on the bottom of page 46:
From Marasca, p.46 -
"
Elements of strong suspicion reconnect even, dry inconsistencies and to falsehood in which the accused and incurred in the various statements made, especially in so far as his story appeared contradicted by phone records showing a different origin of SMS; by witness statements by Antonio Curatolo, regarding the presence of the same in the square Grimana Knox, Sollecito in the company of, and Mario Quintavalle, related alia its presence in the supermarket in the morning the day after the murder, perhaps to purchase detergents .
Nevertheless, the profiles of intrinsic contradictions and poor reliability of the witnesses, several times as exceptions in the process of merit, not attributing unconditional credit to its versions, is to prove, with certainty tranquilizer, it failed, and then the falsehood, of 'alibi offered by the accused, who claimed to have been in the home of her boyfriend in the late afternoon of 1 November until the morning of the next day. Curatolo (enigmatic character: homeless, drug addict and drug dealer)
47..."
Marasca wrote that while there may be
"strong suspicion" that Amanda and Raf were at the house, strong suspicions are not enough to overcome the principle of proof beyond reasonable doubt. Marasca , in the paragraph above, expressly states that the alibi of Amanda and Raf, that they never left Raf's apartment that entire night, may well be entirely true. Their alibi has not been proven to be false. The statements you are pointing to, is the Marasca court making the best argument available in favor of guilt, before showing those arguments to be insufficient on the merits. This is another example of your selective reading, or should we say misreading, of plain straightforward language.
Marasca has said strong suspicions are not enough. Perhaps that's what you really disagree with?
You need to clean your mouth. Mignini never talked to the media. This is actually why the pro Knox slanderous campaign went on undisturbed. Sticking to the verdict, they stated very clearly that Knox was in the house, but also that she had Meredith's blood on her hands, and that Guede did not kill alone (and his "motive" as a lone burglar would be even less compatible than those of Knox and Solkecito).It also calls Knox slanderous multiple times and repeats many times there is evidence against them.
Interpret all this how you want, but this is what it says.
.
Mignini looks like he's talking to the press here. If I seem offended by Mignini's role and behavior in this tragedy, its because I am. However critical Marasca's report is of Stefanoni, Napoleoni & the investigating police, the repeated failure of the state's experts, the role of the media in distorting the investigation and causing a rush to judgement, and the rest, in the end it all comes down to Mignini. Watching him create his sadistic fantasy of Amanda, while asking for life imprisonment, is an act of sadistic violence, televised around the world, of a plainly raving madman, that I will never forget.
But to your other comment on the verdict, you have misunderstood Marasca's report on this point. They acknowledge Knox lived there, and that Sollecito visited there, which we know and agree. But when they describe the elements that can be interpreted as they being present in the house at the time of the crime, they are only going to the furthest interpretation that evidence might allow IF SO INTERPRETED, certainly not proclaiming their presence at the time of the crime to be a certainty. This is just something you have clearly misinterpreted and refuse to let go. Read the passage above, over an over until you get it: 'Strong suspicions' are not enough to equate to proof beyond reasonable doubt. Amanda and Raf's alibi was never proven false, THAT'S what Marasca wrote.
Your point about 'Meredith's blood on Amanda's hands", again that's the same error you make in thinking Marasca concluded they were in the house at the time of the crime. Marasca clarifies that that point isn't proven. Your point about Guede committing the crime with others, and in regards to his motive, I need to read these points more closely, but I agree they are important. My guess is you blew it again with a bogus and strained interpretation, but we'll see.
No, they did not state any "complete separation" between "Knox and Sollecito" on one side and Guede the other (they rather hinted some separation between Sollecito and Knox).
Lack of mutual acquaintance between Sollecito and Guede could be an argument if one had to defend Sollecito alone. But Knox herself is a link. Motive is something else. Also here B&M depart from jurisprudence and reason. Motive is not evidence, it's not an object actually. It's subjective. It's part of a context. It's correct that a murder has to be put into a context. But there isn't a special requirement that the judge understands the motive completely or even less that "proves" something that belongs to the subjective shpere.
Again, you seem to have misread the actual report itself. Marasca explains the importance of motive in a case based on circumstantial evidence, and then proceeds to the case in hand.
Marasca writes at the top of page 31:
"31
Now, when it is clear the emotional relationship between Sollecito and Knox, and if it is found that the young man had got to know, on occasion, the Guede,
not VRE no evidence that Sollecito knew or had ever attended the Ivorian. The point is certainly contradictory and manifestly illogical to recognize (at f. 91), the unreasonableness of the hypothesis of involvement in murder as "bloody" in complicity with unknown person, to exclude any possibility of involvement of roommates Filomena Romanelli and Laura Mezzetti (which certainly did not know Guede), and does not extend that argument to urge, that is not ever even met the Ivorian."
There is no "link to knox", that is entirely your unsupported and biased speculation. That type of speculation and invention, is exactly what Marasca has rejected.
Here are the basic legal principles Marasca relies on to support acquittal in this case: Guilt must be proven beyond reasonable doubt. The presumption of innocence must be preserved. And evidence must be solid, not based on fantasies, speculation, innuendo, gossip, lies, distortions or media hype. And I predict you will begin to see many more acquittals in Italy, including Misseri, based on the same legal code 530 paragraph 2, as was used in this case.
Amanda and Raf didn't know this troubled young person Rudy Guede, but Napoleone said the police knew of him from his burglaries in Perugia. The truth of this case, is that Perugia should have prosecuted Guede (and Meredith would still be alive), and should not have prosecuted Amanda and Raf. Now who do you think should accept responsibility for those blunders?
Hint: