This is Judge Marasca's reasoning for implying that Raffaele Sollecito could not have been at the cottage at the time of death.
It has to do with Marasca accepting, "incontrovertible factual data." That data was with regard to the cellphone activity on the night of Nov 1.
It's all there in Section 6.2 of Marasca's report. It starts with Marasca ruling that Nencini erred,
"in the finding that the establishment of Kercher’s exact time of death was irrelevant."
As a finding of law in a circumstantial case, the T.O.D. is more than relevant, it is crucial, so says Marasca. Read on in Section 6.2.....
Marasca then goes on the deplore the shoddy investigation, where T.O.D should have been at the top of the list, rather than leaving it to Nencini to say (wrongly) 6 years later that the finding of an exact T.O.D. was irrelevant.
After going through the science with regard to stomach contents and T.O.D., Marasca rules that Nencini erred in not accepting the Sollecito teams objections:
In presenting this incontrovertible data - one either proves that Raffaele was at the cottage prior to 10:13 pm on Nov 1st, or he has an incontrovertible alibi on that point alone.
Nencini had ruled that T.O.D. didn't matter. Nencini was wrong. For circumstantial cases like this, that alone is grounds for reversing a guilty verdict.
Then in Section 7 Marasca tackles the issue of Nencini placing himself as judge as superior to scientific experts when it comes to scientific data.
But all this is to set up Marasca's synpotic amalgam of the case, as he does in Section 9 of his report - an amalgam which (acc. to Maraesca) shows how the "connective tissue" of any guilt finding falls apart.
My wish for Vixen is that she would read ALL of Marasca's report, including Section 6.2 where Marasca specifically discusses how Nencini erred in saying T.O.D was not important, because T.O.D. spoke directly to the possibility of Raffaele's alleged presence during the murder.
Therefore - acquittal. Vixen would rather cherry pick from Marasca.