The 1st chambers SC, as well as Nencini's court, made the contrary point.
They said that the fact that the item (bra clasp) is dirty, itself is not a reason for assuming that Sollecito's DNA is a likely result of contamination.
The SC had also stated (and this is res iudicata in the Meredith case) that the fact that pieces of evidence are imperfect, itself not an argument sufficient to dismiss the evidence, since their number, sitematicity and agreement logically overcomes their shortcomings.
So the clasp is dirty but this is not a sufficient reason to dismiss the piece of circumstantial evidence because in order to do that you would need to bring stronger evidence that Sollecito's DNA is the product of that contamination - so the SC 1st chambers said.
The above statements by the 1st chambers are final findings as by the law, they may be an example of why the trial records are quite important.
If this 'logic' hadn't actually become reality until M/B overturned it, this would be hysterical. Mach speaks of the PIP ignoring facts while the PGP is faithful to them. But let's look at the facts;
- The clasp is seen on day 1 of the investigation. This is clearly a sexual assault and here is a severed piece of bra clasp. It is, nonetheless, not collected.
- 46 days later, after numerous visits to the cottage and the complete undoing of the bedroom, the clasp is located in a different location. The SP now decide to collect it, but in doing so they violate numerous protocols;
(1) They collect it using visibly dirty gloves
(2) They rub the very metal hook where the DNA is found using the same dirty glove.
(3) They pass it around among the technicians there as if they can eyeball anything relevant in doing so.
(4) They put the clasp back down on the ground to photograph it.
(5) They only test the sample once.
(6) They improperly store the clasp, allowing it to rust and render it useless for further testing.
The court claims there is no source of Sollecito DNA that could have resulted in a transfer but they ignore the fact the exterior side of Meredith's bedroom door/frame/handle were never tested for DNA because (to paraphrase) the crime took place on the other side of the door. Clearly Sollecito's DNA had to be there since he had tried to break down and enter the room.
For all these reasons, and because other male contributors are detected, C&V rules the results unreliable. Hellmann agrees.
The collection process was so badly bungled it would have made the Keystone Kops blush.. it certainly caused the court audience to laugh. So what does the 1st Chamber and Nencini rule? No PROOF of contamination, therefore disregard all of the egregious mistakes made, shift the burden of proof to the defense and if they can't meet the challenge, then consider the results valid. Yeah, the PIP has blinders on...
Then we have the Luminol traces.. ones that test negative for blood using TMB and negative for Meredith's DNA, but what does Nenini rule? ... there was a lot of blood in Meredith's room, which is in close proximity to where the traces were found, so what else could these traces be from? They argue if you can't prove what non-blood agent caused the results then we must accept they were made from Meredith's blood, completely disregarding the indisputable evidence that proves it can't be her blood.
To claim it is the PIP that doesn't want to focus on the facts is laughable.
