DEPOSITION OF CONSULTANT - ADRIAN TAGLIABRACCI PRESIDENT - Professor Tagliabracci is invited for further discussion as before the suspension of this hearing was given.
ATTORNEY BONGIORNO - I am the lawyer Giulia Bongiorno, I wanted to know Professor in the light of these ... material which was filed July 30, 2009 that we obviously have submitted for examination, what kind of documentation is filed, it takes significant and any other type of its consideration of the importance and relevance of the documents.
CONSULTANT - If I can avail President ...
PRESIDENT - Certainly.
CONSULTANT - a few slides that I prepared in relation to the requirements that I have now laid the Attorney Bongi_rno. So, as mentioned this morning we received about 300 unnumbered pages of two types of documents is called a "work progress" that will call from now on sal not be too long and the other is called ... are reports of quantification of DNA that have been ... which are basically of two types, a quantization carried out with a car and a technology called Real-Time PCR and the other with fluorometer. What you see here is the card work in progress, but I took a ... in short, is a prototype are all more or less the same in which several items are listed, the official Dr. Stefanoni who performed the investigation and then the list of exhibits, the track list, the code of the track, then down the last lines of the draw date you see here is given, then I laid two or three extractions second or third extraction quantification, amplification so on. In reality this was a work in progress we can define the initial state of the work because it is reported only the first extraction, then we do not further mention with regard to any subsequent extraction, quantification, amplification and then a commercial kit that has been used and electrophoresis, so this is a job status that includes only part of the journey I would say the initial phase which followed the track.
ATTORNEY BONGIORNO - Excuse me, but normally when you make these
the progress of works from what I understand is a sort of highlight the type of work you are doing so with a degree of progressivity, and beyond that there should be no other sal?
CONSULTANT - Sure, if we want to work progress
an example is like the medical record that refers to
hospitalization of a patient throughout the care pathway documentation that was made during hospitalization, is a bit 'as saying that the report is prepared at this time then documenting what was said at the hearing because it can be useful for subsequent hearings and so on, so it's something very important here, for example missing the volumes used for amplification.
ATTORNEY BONGIORNO - But why are they important?
CONSULTANT - We do not know what volume is used, we do not know ... is important because we do not know the amount of extract that was used from time to time.
PRESIDENT - Excuse me what it means when it says the volume volume
ie what is the volume?
CONSULTANT - Volume is the amount of material that was placed in a test tube bearing in mind that normally recommended by the user manual as to which was referred to Dr. Stefanoni citing it in the first pages of his report surveys the volume is normally 25 microliters of 15 microliters this volume are necessarily taken by the reagents that you bring to get the result of analysis, 10 microliters is usually the amount that is ... extract that is placed, now put 10 microliters of extract or put 5 or 7, 8 has importance in relation to the amount of DNA that may be present in the extract.
ATTORNEY BONGIORNO - Excuse me to understand better, so if I put more or less milliliters milliliters, which has accordingly?
CONSULTANT - Meanwhile, we should try to put 20 microliters for the optimum, the optimum volume, we can possibly put even less, however, depends on the amount of DNA that we have in each microliter, if there is a poor one microliter quantities of DNA by placing 10 microliter DNA will not take long, but if there is an abundant amount of DNA they put a lot by putting 10 microliters. This is important because then we
results that we are also ... I say not only employees but also by the amount of DNA that we have spent and if I do not know how DNA was put there and this operation is not known on the cards that we have been provided I can make a speech of low copy number or ideal amount DNA based on electrophoretic traces I get if I have some peaks that are low I can speculate as I did in my speech earlier hearing that the amount of DNA is low and that it is of low copy number, so it's important to know the volumes and concentrations used to me otherwise lack the data to be able to judge considered and then I can only assume on the basis of the results whi_h I did before the hearing.
ATTORNEY BONGIORNO - Just to understand, these data volumes
that looking at these sal still missing she says, "do not allow me to ... weighted to judge "what I had said earlier the reason why I insist to have the documents, I understand a weighted opinion on what?
CONSULTANT - That I can put under a critical observation
electropherogram, a result that is provided only if I have this data base.
ATTORNEY BONGIORNO - So for me to understand ...
CONSULTANT - Can I put it ...
ATTORNEY BONGIORNO - To understand one thing Professor, we mean those slides with electropherogram peaks, she says, "without this I do not even know if I read them as these peaks are tracked properly"?
CONSULTANT - I do not know if the height of the peaks in our
If the two pieces that interest me is low depends on the amount of DNA that has been put in amplification, the mixture or it can also depend on other factors, there may also have been an error in the mix of reagents.
ATTORNEY BONGIORNO - I get it.
CONSULTANT - There may be some substances that inhibited the amplification, which is why it is essential to assess the goodness of the results that I know the concentration of DNA present in the extract and quantify the amount and therefore the actual amount that is put the mixture in each ... in any mix of ... amplification in each volume. ATTORNEY BONGIORNO - Lack of awareness ...
CONSULTANT - Why do I say this? I say this because if they were
followed standard procedures for which you always put 25 microliters in volume and I would miss anyway because I do not know what is the amount of DNA that is present in an extract, but there were also changes made that are not reflected among other in the technical report of research that has been filed but have been described at the hearing, are not reported even in these cards work in progress, for example, the finding that 36 B has been in audience GUP has taken place at a concentration of the sample which was increased to 20, 22, 23 microliters was then I made a further concentration because it was said by Dr. Stefanoni ... I think they are 178, 179 GUP hearing that has been amplified a volume of 20 microliters, 25 microliters lower than the canonical. Now this is important, it is important and I want to know when I have to evaluate the goodness of an electropherogram, how do I evaluate the goodness of this electropherogram I do not know what is the amount of DNA that has been made, as if I do not I have made assumptions as to suppose that the amount was low, we were in the presence of low copy number, and so on, are data that are not there. Among other things, I think that these data as part of laboratory practice, I believe in our laboratory as in all other laboratories is kept a register of writing: the amplified
I put 15 microliters of sample mix baffer (or similar) all that goes in the reaction because the result is good, plus I added 10 microliters of extract and then I simultaneously amplified because the machine can do more amplification, I 15 tubes simultaneously amplified in the first tube I put this finding in the second and so on, and you put the volume, this is a normal practice lab, you can ask any forensic geneticist or less and all will say that it does so , this is not reported in this work progress.
ATTORNEY BONGIORNO - But these were usually feed
works really bring all this data and are more sal? That is, I understand ...
CONSULTANT - More?
ATTORNEY BONGIORNO - As she says: "there is a lack of other sal but" the fact that others are missing she seeks to show that these data are missing?
CONSULTANT - No I deduce this because as the practice of
This laboratory is one that writes what he does on a daily log imagine that even in the laboratory of the Scientific Police you write what is being done that day, you write if you have rebuilt the extraction, quantitation, amplification, now I'm talking about the 'amplification, was placed a volume of 25, were placed 10 microliters of solution, 5 microliters, what has been put, t_is is usually written otherwise if the result is not good and you have to repeat something maybe after some time I have not even the historian to make those changes you need, so you do not have the historical ... I think there must be if there are no records of these logs is difficult to perform the analysis correctly. ATTORNEY BONGIORNO - of course I will end as soon as you ask the question again, these records, what I want to ask
is this however: according to what we have now is correct that there is no documentary evidence of the quantification of DNA?
COUNSEL - No report on the quantification is made, is documented by these reports that we are going, I miss the intermediate steps, we have only the initial state, then when it starts to take the analysis to extract a profile from this finding is not mentioned amplification, electrophoresis is not cited, if they were repeated, and so on. ATTORNEY BONGIORNO - So basically we have a beginning and an end and there is no middle path.
CONSULTANT - Yes missing.
ATTORNEY BONGIORNO - The middle path ... CONSULTANT - should be detailed on the path.
ATTORNEY BONGIORNO - must be detailed now, but apart from the formal as we say should be detailed I want to ask, in essence, that we know the start point and end point but not the middle path as it may affect the final result because they know if it is Only one thing I miss the formal documents but having the start point and end point is not important to understand how I affect the final result of his reading, because it says it is so important?
CONSULTANT - can affect ... impact in the sense that I can not
assess whether the quantity and quality of the material that was analyzed was adequate or not so I can not tell if we are faced with a low amount of DNA is of low copy number or we are faced with an error of laboratory or we are faced with inhibitors that prevented the amplification I can not correctly interpret this data, I can do something I guess I did and ... I imagine that we will again. ATTORNEY BONGIORNO - So right now I am President
examination directly ask the Court to take note that once again a technical consultant indicates that lack of reading material that is used for exact dell'elettroferogramma, I think he said this time more specifically, perhaps the clearest ' importance, we are talking about a test I think was essential and reiterated the fact ... us for now we're just arguing that there is something missing, not the end result, then to avoid any disqualifications I well understand at the same time I'm feeling the track remained a consultant I would like at this time to the Court that I ask again that this material be acquired immediately and ask that this material has not been made available, the so-called intermediate material of which the Professor spoke Tagliabracci records that do not exist and these are immediately made available and once again I repeat that if this is not was put ... that the very fact of being made available does not eliminate the consequences that I always reiterate the deposition of dell'inutilizzabilità Stefanoni and void because, of course, will be continued to grow, but in addition to reiterate that I believe what is said by the consultant to support an exception that was promptly rejected immediately appeal to the Court this instance, I have to continue or decide now?
PRESIDENT - The Court can not but note that the same
consultant said: "I guess there were these intermediate sal" then we have no certain proof of their existence, on the other hand, the Court has required the provision of the parties and the Court itself of all documents, if there are existing items not deposited the Court obviously can not know nor have heard part of the consultant knows because he exhibited a hypothetical assessment, if
then the other parties are aware of the presence of these acts maybe we can ... Prosecutor if ...
Prosecutor DR COMFORTABLE - President not us, Dr. Stefanoni is telling me that these files are, this is the ... metrics are those who requested and were then deposited the amount of DNA used can be seen by all those numbers and I really can not so do not ...
CHAIRMAN - Okay, okay.
Prosecutor DR COMFORTABLE - I mean there's nothing else here. PRESIDENT - We can do this and then we can ... we felt that the evaluation has shown and is still exposing the consultant, will be assessed in contradictory parts.
ATTORNEY BONGIORNO - Since I've been told that I'm asking
late at this point I find it just ask. Professor Go ahead, other documents that she has examined whether there are slides.