Kevin_Lowe
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- Joined
- Feb 10, 2003
- Messages
- 12,221
Those are all plausible hypotheses. What is plausible about turnip juice or feces being on the bottom of their feet when there is no trace of how that juice or fecal matter was contacted by the bottom of their feet? That is what makes it unreasonable.
This is merely a lack of positive evidence, and a lack of positive evidence is not conclusive proof of absence.
Luminol does not prove there was blood there. It merely demonstrates that it is possible blood was there, and further tests should be conducted. No further test showed that there was blood there.
So show where that spill of turnip juice is, or the fecal matter they stepped in, or a trail leading from outside to where the prints are found. It is unreasonable to suspect that these two stepped in fecal matter and tracked it around the house (the footprints don't show this), it is unreasonable to suspect that there was a turnip juice spill on the floor that was stepped in and tracked around the house. This is even more true when it is revealed that of all the people who tracked dirt, mud, whatever through the house that morning, no one else left footprints. Thus, it is unreasonable to make the assumption that we cannot know what these footprints were made of. The only source of iron that could have been on their feet was Meredith's blood, especially given the bloody footprint on the bathmat that resembles Raffaele's foot.
One last time: That is not the only source of a possible positive luminol result. If it were, we wouldn't be having this conversation.
This is not a "basic question". This is a genuine "show me the study" request. As of yet, no one has proven that tertiary or quaternary transfer is detectable.
Historically, forensic science has been absolutely appallingly slack at testing the circumstances under which their tests can come up with false positives. It's only relatively recently that they finally got around to testing the faith-based belief that fingerprints could not generate false positives, for example, and of course they discovered that with partial or unclear fingerprints and a large enough database false positives were quite possible.
It's not contested that DNA tests can detect small quantities of DNA (on a good day), nor that shed skin cells can contain DNA, nor that a large percentage of household dust is made up of shed skin cells, nor that the clasp was sitting around for weeks on a dusty floor in a house where Raffaele had frequently been.
Given that there's a perfectly intuitive way for Raffaele's DNA to have been found on the clasp, the lack of a specific study to prove that this is possible does not disturb me. Show me a study that shows that this chain of events is impossible and I will take notice. Until then, I'm going to have reasonable doubt in the relevance of that piece of DNA evidence.
So if Raffaele's DNA is to be expected in the cottage, why out of all the swabs was it only found in Meredith's room? While I agree that absence of evidence doesn't mean absence, Raffaele's DNA is conspicuously missing for someone who was in the cottage - except in a room where he claims to have never set foot, and just so happens to have been found on the bra clasp the victim was wearing. That is terribly inconvenient for this young man if indeed it is contamination. Again, it is unreasonable to assume that contamination occurred simply because the Defense cries out that it has.
There is no reason for Raffaele's DNA to have been in Meredith's room.
They did test all kinds of other places on the floor of the cottage, nary a spec of Raffaele's DNA was found except on a cigarette butt in the kitchen.
How did Raffaele's DNA arrive in Meredith's room if he was never there, short of tertiary transfer? To believe this was a case of contamination, we must believe that Raffaele managed to leave his DNA only in those places in the cottage that not only weren't tested, but none of the places where he left his DNA were contacted in any way except for where the clasp lay (or the gloves that picked it up touched). That's unreasonable to assume.
Didn't it take multiple attempts to finally get a positive result on the bra clasp? If it was examined much more thoroughly than any other piece of evidence then it would of course be more likely that his DNA would be found there.
In any case, if we agree that a positive DNA test result from dust contamination is a low-probability event in any single test, then it's not in any way remarkable that the DNA showed up in one place but not another.
Once again this does not rise to the standard of proof beyond reasonable doubt.