Bill Williams
Penultimate Amazing
- Joined
- Nov 10, 2011
- Messages
- 15,713
What is outlined above is the very heart of the inquisitorial method where defense arguments are ignored or arbitrarily dismissed. It parallels the "reasoning" in the Massei court, Chieffi CSC panel, and Nencini court motivation reports.
I remember reading Massei's 2010 account (to support his finding of guilt) about "the clean up". I wanted to see how he'd justified the notion of a clean-up which left 1 of 3 DNA and forensic signatures in the murder room.
The way he dealt with it was by ignoring it. The sum total of his clean-up narrative concerns how the bloody foottrack could have got on the bathroom bathmat with no trailing foottracks **in the hall**.
His resolution? Despite no forensics pointing to a cleanup in the hall, Massei wrote that there must have been one, or else he'd be at a loss to explain how the bathmat foottrack had got there.
No forensics and no falsifiability, and it was now a "judicial truth".
And the notion of a clean in the murderroom officially goes unaddressed.
And all this is before considering that in an adversarial system, it's the **prosecution's** job to lead evidence, not the judge's job to speculate on missing evidence which had not even been put into exhibit.