Bill Williams
Penultimate Amazing
- Joined
- Nov 10, 2011
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You've made this point before but neglected to provide the actual quotes from Massei. I couldn't find the "quotes" you attributed to Massei. Please just provide the actual quotes.
Grinder - here's the whole schmear. The difficulty is that Massei does not address the issue directly, but addresses it in a long and convoluted defence of Stefanoni in his motivations report, circa pages 266 to 281.
The following is Massei's rationale for siding with Stefanoni in disallowing independent tests to see if Nara Capezzali could be heard, the DNA analysis was sufficient, and the computers compromised. Massei disallows testing to evaluate Stefanoni's work, wait for it, "on the grounds that the additional expert reports requested did not appear necessary, since the very ample dialectic contribution from the expert witnesses of the private parties offered sufficient material to take a position without additional expertise." (Please note that since Massei treats the issue of testing Nara's hearing with the issue of the compromised harddrives, he considers them together.)
In essence he's saying, Stefanoni (and others) say one thing, the defence says another. He's implying that if he orders a independent review of each (DNA analysis included) that independent analysis will only side with one or the other, and it will still be up to him to decide what's factual. So he simply sides with Stefanoni, including on the full disclosure release of things like the EDF's.
In particular, a medico-legal expert report was requested, with the aim of ascertaining in terms of greater practicability in respect of the indications furnished: the time of death of Meredith Kercher (once a time band narrower than that indicated by the technical consultants of the Prosecutor or of the panel of experts under the preliminary investigations judge [the GIP], it would be possible to verify whether Raffaele Sollecito had interacted with his PC within a more precisely defined timeframe); the dynamics of the action of the murder, also in reference to the infallibility of the presence, or otherwise, of a number of agents; the repetition of the genetic investigations, or at least the revaluation of the traces with reference to Exhibits 165B and 36, the procedures/methodology of the gathering of the exhibits undertaken by the genetics expert of the Scientific Police, Dr Stefanoni, who carried out the verifications, having been questioned; an expert audiometric test was ought, to be undertaken to establish whether the witness Nara Capezzali, on the premise of the presence in her dwelling of double-glazed windows, was able to hear the noises and the screams of which she had given an account in her deposition; an expert report on the computers of the accused was requested, the memories of which were found to have been damaged at the time of the analysis of the supports carried out by the Postal Police, such that the hard drives could not be duplicated/cloned for subsequent examination.
The Court disallowed all the requests, on the grounds that the additional expert reports requested did not appear necessary, since the very ample dialectic contribution from the expert witnesses of the private parties offered sufficient material to take a position without additional expertise.
As you can see from the conclusions Massei drew, he sided with Stefanoni on everything.
But then to the subject of disclosure, particularly the genetic testing....
Massei page 266 said:Responding to a specific question posed by the defence regarding the relevance of the documentation which was only subsequently made available: ("Professor, in light of your analysis of this documentation, I’d like to ask you two things: if I had been able to provide you with these documents earlier, would you be able to make a more complete analysis? And what does what you are missing have a bearing on, precisely?‛), the consultant declared that ‚what is missing has a bearing on the interpretation and evaluation of the result; these are results which must be corroborated by an analytical process which does not appear to have been documented here ...‛ (page 63).
Massei then turns to the questions had for Professor Tagliabracci that would cause Professor Tagliabracci to even be aware that Stefanoni had used, for instance, less than 10 microliters of substance (thus, the prosecutor is implying as recorded by Massei in the motivations, that Tagliabracci had all he needed.... Massei records that Tagliabracci's answer was:
He deduced this from what Dr. Stefanoni had declared at the preliminary hearing of October 4, 2008. (‚What I know, I've taken from pages 178, 179 of the preliminary hearing transcript, wherein Dr. Stefanoni would have taken ... after a first concentration, [she would have] taken the sample to 20, 22, and 23 microliters, then, after she had done the quantization, she carried out a further concentration‛, page 68). He noted that, in that hearing, Dr. Stefanoni had specified since the amount of DNA was so low she had decided to use all of it and had taken it to 10.
In other words, Tagliabracci had to deduce rather than read from originals.
Massei briefly brings up the missing SAL reports, and criticises Tagliabracci for saying why he needed them. This is part of the problem as I see it. Like contamination, to Massei you first have to prove contamination before Massei would order an independent review to establish that exact fact. As for the missing documents, Massei seems to be saying you need to tell the courts what the ducuments would show, before asked for them!
Massei page 267 said:As for the missing S.A.L. reports [work status reports] he could not specify which items they related to.
Massei adopts this method of legal reasoning throughout. You must first demonstrate what you want to prove, before the judge will order the very independent study which would confirm or deny it. In other works, the "reputation of the technician" is more important that the results.
Knox's expert Dr. Sarah Gino made reference to the issue of withheld reports on procedures, procedures which must have been done because the Scientific Police make reference to them. Massei notes:
Considering the Work Status Report [SAL] cards, (Gino) noted various inaccuracies, such as the lack of indication of the concentrations of the extracts before or after the quantifications. She observed, however, that this procedure must have in fact been followed, since it was mentioned in the technical report by the Scientific Police. She criticised the lack of dates for the amplifications, and noted that this lack constituted a shortcoming of some importance, since it becomes impossible [273] to know which samples were "processed" together, which could be relevant for evaluating the possibility of contamination.
Indications making it possible to verify whether the standards and protocols were followed were also missing. Work status report [SAL] cards were not even found for certain samples.
I need to cut to the chase here, because it is clear from this that Massei is now faced with a choice - a finding of fact - as to whether or not missing data from Stefanoni to the defence has somehow compromised the right to a fair trial. (In north American this wouldn't have even been an issue. There is the concept of disclosure here....)
Massei then has a section (p. 277) called Genetic Investigations, Considerations....
Massei makes the clearest statement one could make, as if Stefanoni's attorney, that (in his mind) debunks ANY criticism of her work:
[HILITE=Massei page 277]In the first place, it was stated that a geneticist who knows the biological profile of the suspect and has access to said profile may misinterpret *‚force-bend‛+ the reading of the graph supplied by the machine so as to recognize or identify the biological profile of the suspect. The recommendation that forbids such a procedural method was mentioned and, for the trace for which Dr. Stefanoni already had the biological profile of the current defendants, it was repeatedly maintained that the reading of the various graphs and the interpretation of the peaks in themselves presenting as statters and/or alleles was flawed due to the so-called suspect-oriented method.
This court does not accept this objection. The same objection, in addition to making no logical sense, appears to be contradicted by the acquired findings.[/HILITE]
Why does Massei says that something that Stefanoni has access to (and others do not) should be analysed, based on the criticism that Stefanoni's methods are "suspect-oriented"?
In the first place, it must be stressed that it is not possible to discern any reason for which Dr. Stefanoni would have had any bias in favour of or against those under investigation and, on the basis of such bias, would have offered false interpretations and readings.
Once again the bias of the court goes against issues of disclosure. Release of information that the SP has access to, that the defence does not, does not rest on discerning a reason for suspecting Stefanoni of bias.... the protocols assume bias, and it is up to the prosecution to show why boas did not effect the outcome, not the other way around.
It's predicated on what Stefanoni has access to that others do not.
Massei says this about the implied insult to Stefanoni... and insult he is going to protect her from. He comments on an implicit implication defence people are advancing, simply because they don't have access to primary records of analysis.... that Stefanoni is lying:
Massei said:we cannot see how or why, based on logic alone and for the sake of argument, Dr. Stefanoni would have had to cook the data supplied by the machine in order to identify incriminating evidence against any of these defendants, attributing this or that biological specimen to one or the other suspect,
Massei then says that if Stefanoni was part of some conspiracy to misprosecute two individuals, why so few incriminating pieces of DNA in over 460 traces sampled? Wouldn't she have cooked more? (It is revealing about Judge Massei how he can turn this issue of so few samples pointing to Knox and Sollecito on its head. He makes it sound like so few samples is actually more proof of their guilt! But that's another discussion.)
But what's at issue here is how much time and pages in the motivations Massei has spent on defending Stefanoni, all which would have been cleared up in the first instance by allowing release of primary DNA analysis.
Page 280 of the report is Judge Massei's most clear siding with Stefanoni on the issue of contamination. Why is there no contamination? Basically because Stefanoni said so.
Massei page 281 said:In the present case, none of any of this emerged, however, and Dr. Stefanoni’s testimony rules out that any laboratory contamination could have occurred.
On her testimony Massei finds as factual no contamination. On her testimony that her critics had all the information they needed (despite the critics' objections) Massei finds as factual that they did not need the "missing documents".
That's basically it. The critics say that they have to see the originals to be able to comment meaningfully on Stefanoni's work, those originals include the EDF's, and Massei rules that Stefanoni's testimony in this regard trumps their objections.
I'm not doing this again. The problem is not mine. The problem is that ordering full disclosure (and ordering the kind of independent review that Hellmann ordered with C&V) would have cleared this up. Instead, Massei has to write 15 pages where the point is spread around and lost; even as he tries to awkwardly establish as a fact.....
Massei's agreed with Stefanoni, that the rest of the DNA file did not need to be released. To do so would be an inference that Stefanoni either commited a criminal act or was incompetent.... or lied on the stand when she said she'd never had a case of contamination. So why release the EDF's precisely to check that claim?
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