That's exactly right and it might be better if this thread did a better job of separating the two issues.
I happen to believe that they are almost certainly innocent. But that belief is based on life experiences, some technical knowledge, knowledge of past cases, a general idea about the nature of humans and what kinds of things they will do and probably some miscellaneous biases. In short, I concede that my view on that point is not built on anything like mathematical rigor and I would not be surprised that an objective individual might form a view different than mine given a different set of experiences.
However, the view that there is not enough evidence to convict based on a beyond a reasonable doubt criteria seems to me to be supportable with almost mathematical precision.
- The "confession" has been ruled inadmissible and thus can not play a role in the deliberation.
- At least serious doubt has been cast on all the DNA evidence against RS/AK by the court appointed experts. Even if one was predisposed to judge the work of the original forensic scientist as reliable the existence of credible testimony critical of the original forensic work might be seen as a good enough basis to throw the DNA evidence out in a reasonable doubt case. However given the evidence of improper procedures by the original forensic team there is enough doubt about the DNA evidence that it can't be part of the basis to convict if a reasonable doubt criteria is met.
- Substantial doubt about or outright disproof of all the eye witness evidence against RS/AK has been created. I see nothing left here that has any place in a reasonable doubt case.
- All the information available about RS/AK suggests that it would be unlikely in the extreme that they would be involved in any such crime. Without compelling evidence to counter this reasonable doubt must exist. I have never heard of a case anything like this and I'm 62 years old and I've been listening and reading news reports for at least 50 years. In the US jurors are expected to use this kind of life experience to help with their judgment of the case. If that is so in Italy this is strong evidence that the prosecution's crime scenario just didn't happen.
- The time of death arguments, if not compelling, are at least good evidence of innocence. Good evidence of innocence in a reasonable doubt case is compelling and would need to be balanced by stronger evidence that it is false. No such evidence has been provided.
- A complete lack of evidence (excluding the discredited DNA evidence on the bra clip and the discredited foot print evidence) that links either AK or RS to the actual crime. This is huge and incontrovertible. The actual physical evidence is entirely consistent with a single individual and placing AK or RS in that room at the time of the crime is just a fantasy. One might argue that the lack of evidence at the crime scene doesn't rule out the possibility of AK/RS involvement and that is true but there is no actual evidence of AK/RS at the crime scene and that is what matters if one is judging this case base on a reasonable doubt criteria.
One piece of evidence remains of the prosecution's case that has not been discredited to the point that it is not of value in a beyond a reasonable doubt case This is the AK next day retraction of her claim that Lumumba was involved. And here reasonable minds might disagree. I see a confused statement that shows signs that AK is attempting to come to grips with fact that she had said things under a difficult police interrogation that did not represent her real memories. I didn't need to see a bunch of information about how police can get false confessions. I thought it was just accepted fact that this was possible. I don't have any problem with the technique when it is used as a tool to derive leads or pressure suspects. However when the technique is used to reinforce police suspicions it is going to lead to false convictions. The police believe A. They use a technique likely to produce a defendant's statement in support of A. They use the coerced defendant's statement to prove A. If allowed the police can use this technique to convict anybody that doesn't have an incontrovertible alibi and as in this case even a strong alibi might not be an impediment to prosecution.