LondonJohn
Penultimate Amazing
- Joined
- May 12, 2010
- Messages
- 21,162
Unsurprisingly I have less of a problem with this. Pro-innocence folks didn't have much of a problem trashing the Judge at the first trial as setting out to convict regardless of the evidence. Presumably the Judges honesty and objectivity were doubted at least in part because his view of the case and the evidence was impossible to reconcile with your own. Why shouldn't the PMF folks doubt these independent experts?
The references to American law enforcement manuals, rather than Italian ones (I'm basing this on Fiona on PMF, is it true?), about crime scene management isn't what I would have naively expected. Perhaps other things will turn up.
Ah, but criticism of Massei's "reasoning" was based on objective, rational assessment of the sentencing report, whereas (in my view) the PMFers' search for criticism of the DNA report is led by confirmation bias and weak thinking/logic/reasoning. Of course, your retort to that might be "well, you would say that, wouldn't you", but I would say that there's plenty of foundation for my argument.
Take, for example, just two ways in which these issues have been argued by the two "sides".
1) Would you say that Massei is employing good, sound, logical reasoning when he says the following about Capezzali (the alleged "earwitness"): "If there had not been such a scream, and if Mrs. Capezzali had not actually heard it, then the Court can see no reason why she would have spoken about it."? This is such a breathtaking thing for a man who's supposed to be a seasoned judge to write, that for me it casts doubt on his entire approach to this case.
2) Would you say that it's a fair, objective representation of the independent DNA report to pretend that it (the report) is questioning the underlying validity of low-template number DNA analysis, or that it is "relying" on a comparison with standards/procedures of minor US law enforcement agencies? In reality, the report argues that low-template DNA can only be valid under very strict (and internationally-agreed) protocols - which clearly were completely flouted in this case; and it makes reference to a number of internationally-debated and respected standards/procedures - including the European Crime Scene Management Good Practice Manual (European Network of Forensic Science Institutes), the Interpol Handbook on DNA data Exchange and Practice, and the FBI labs' Handbook of Forensic Services.
See, to me (and many others), the ridiculous "debate" that's currently taking place elsewhere is both specious and inaccurate. What's more, it's primarily being undertaken by people who palpably do not have a decent grasp of the subject they are trying to discuss. Most of the participants in this "debate" (including the most rational person) are approaching the issue from the POV of Knox's/Sollecito's guilt, and the confirmation bias is shining through strong and clear. I don't think that a single one of their "criticisms" of the report has any significant merit - and I think we'll all know that by the time the report has been discussed in court at the end of the month.
I would agree with you entirely that debate and should always be encouraged. But only when it is fair, balanced, objective, rational debate. In my opinion, the "debate" about the report on PMF is nothing of the sort - instead, it's a bunch of people scrabbling to defend their own irrational beliefs. I don't think that any of them could successfully defend a single one of the "criticisms" in an open debating forum. By contrast, I think that all the criticisms of the Massei report are entirely (and demonstrably) defensible in any open forum. That's the difference.
(Oh, and with reference to the highlighted part of your post: as I've alluded to further up in my response, the DNA report makes ample reference to the standards laid down by a variety of major global bodies (including the FBI, Interpol and the European Network of Forensic Science Institutes). If there had been specific Italian procedural manuals, I have no doubt that the report would have referred explicitly to them. But there are no such manuals, and I think that their absence is somewhat instructive in itself. And, incidentally, I find it........interesting........that you hadn't taken the trouble to find all this out for yourself before posting on this very issue. Hmmmmmmmm.)