I did contribute but not to the final edit (I'm not sure that this is court translation, though). 1. But we've put a disclaimer on the document, saying the Italian text is what matters, talking referring to a translation is pointless.
And it's here that you reveal your dishonesty.
First, you perfectly know you are not quoting Massei's findings, but instead you are quoting Massei's reporting about a defence argument. Because you don't have anything else, you decide to emply the "Bill Wiliams" logical method, which consists in deducing the existence of something from a non-existence. Because there isn't a Massei's rebuttal, 2. you deduce there must be a statement by Stefanoni.
Yes, exactly, in real-time camera connection and - pay attention - audio connection. 3. Yes, prof. Potenza would have known perfectly if there was a test being performed. It's obvious. No reasonable person could assume that experts observing and interacting with the forensics were unaware about what they were doing. You can't wince your mind in attempting to believe such a twisted scenario, and be considered rational.
You are making a claim. Can you back it? You say there is a law providing that these document should have been ‘offered’(?) to the defence from the outset of the trial. What law/jurisprudence is that? Are you sure it exists?
I tell you something: there is nothing that Stefanoni or the prosecution “should have done”. It is true instead, that the defence could have done a lot of things 4. They could have attended the tests, objected to the tests, submitted requests and access the laboratories during the 8-month investigation, submitted requests during the preliminary hearing and after. They could have done many things which they did not do. I do not want to investigate the possible reason why they chose to not do so. I can tell you that no prosecution office in Italy – ever, at least in 2007 – would deposits the SALs at the clerk’s office. Nor the raw data files nor other laboratory data.
5. (Ironically, in the case in which Vecchiotti became “famous” as a consultant in the early nineties (the Peruzzi case), Vecchiotti released only limited documentation to the other party’s consultant. This limitation was her main tool by which she lead the other consultant into a DNA interpretation error. But these are old stories.)
6. You should care about what someone did and if he/she did it, if you assert that he/she did something. Stefanoni was the witness from the forensic team who performed the tests, she is the only one who could have said things about the topic, and she is the only testimony the defence arguments refer to (a the one that they wanted to be disallowed).
Now as you are unable to back your assertion, your claim apparently changes and Stefanoni is no longer guilty of lying by asserting anything, but of just “not offering that information” while she was claiming to the court those footprints “were blood”. Now, you may well dislike the “not offering” of information (or better, the not offering of that information “spontaneously and unrequested”, since she offered it when requested); you are however progressively drifting away from the law towards your personal ‘moral’ expectations, and you are also freely ‘adding’ your personal ‘suspicious’ interpretation to things. This won’t make your personal interpretation - unattached to the law - become the “truth”: the assertion that someone is lying or cheating is simply not backed by anything substantial, except this personal interpretation of yours (which imho is largely based on your personal logical deduction about what a “presumed” test should imply – and such deduction is wrong). Anyway, your statement still is factually incorrect: Stefanoni did not claim that the footprints were blood; 7. she said they were presumed blood. It seems you lost the word ‘presume’ along the way.
This word is a key point, and it is elicited through questions. The defence could have asked which presumption tests they had dome, for example. Stefanoni also took part to a confrontation where she faced questions directly from the defence experts, without going through defence lawyers.
Though, after all this, you still wish to claim that she “lied” or that she “did not disclose” something. In this process, you do not even consider the obvious contradiction in your argument caused by the fact that it was Stefanoni herself who deposited the SAL carrying that information that the defence did not previously ask. Still, you decide to consider this a lying, a cheating. She presumes blood, and your argument against her rests entirely on your personal belief that a negative TMB test should not allow her to presume blood. The whole core of your argument is your belief (erroneous) about significance of a TMB test. In your opinion, if there is a negative TMB test, this should be necessarily held as an information of relevant importance in the argument and should necessarily lead to not presume that something is blood. Of course, this is your opinion.
Yes, I linked them, and they say exactly what I say. TMB itself – used ‘directly’ – is at least 10 times less sensitive than luminol; but TMB is not used directly, it is not used on the latent stain but on a sample taken from a moist swab and then further diluted. Moreover, a previous test with luminol itself causes a dilution which does influence the subsequent tests.
But TMB is actually positive mostly to the same kinds of substances to which luminol reacts. In fact it works the same way.
But moreover, there is no known substance that is known of having the property of being positive to luminol while not positive to TMB, at the same concentration (at least no common substance). Now, the presumtpion that a trace is blood is not just the application of a generic scientific rule, buti t is the consequence of inferences from the specific context (as Stefanoni and other experts explained). In other words it’s the cnsequence of alternatives. There is no reasonable alternative explanation but that the ‘not positive’ result to TMB is the consequence of dilution, because no reasonable alternative substance exists.
It changes a lot instead, because you have a luminol reaction. And such luminol reaction carries a lot of information (like the shape and size of the stains, their peculiar distribution). So you do have a reaction. This means you do have some substance. And if you have a substance, you must make a hypothesys about what substance that is. If you find a reasonable substance (you may detect it somewhere else in the house) and such reasonable substance has the property of being negative to TMB, then – and only in that event – you would have a valid, reasonable candidate for an alternative substance (yet, you should still explain the shape and distribution and the event which produced the stains). Buti f you don’t have this alternative substance, plausible, positive to luminol and negative to TMB, you don’t have an argument. You only have presumed blood.
8. The fact that something id ‘damning’ is your opinion. The allegation that someone lied, or produced false results, such is a factual assertion which you can’t back in any way and it is obviously false.
No, my argument is pertinent, because your claim is supposed to be consistent. Your saying “the prosecution contended those luminol hits were blood without disclosing they'd tested negative” is rhetoric spin and false; truth is:
1. they (Stefanoni) never stated they had never performed them (you proved yourself unable to back this claim; you merely cling to a quote of Massei reporting a defence argument), in other words you just repeat a false assertion;
2. they (Stefanoni) contended they were presumed blood (you omit “presumed” and you omit the actual reasons to presume it blood);
3. they (Stefanoni) did not fail to disclose the information as you say, instead, they (Stefanoni) simply did not disclose the information at “the beginning”, that is on the preliminary hearing, and by offering it “unrequested and spontaneously”, despite the defence didn’t question her on the point; but it was Stefanoni who released the information to the defence; when you say “did not disclose” you make a false statement, since at best you should say “they disclosed it late” (but they did disclose it, they obviously did so voluntarily because they could have forged the SAL if they wanted to actually hid it) (additional point: you apparently also fail to consider that the preliminary hearing is an argument for probable case, with even time limitations, and just a limited portion of the evidence is disclosed there);
4. they (Stefanoni) were never ‘caught lying’, because they disclosed the SAL themselves, and it was only afterwards, thanks to such kind disclosure, that the defence could make an argument about learning information late (but actually, the defence could have put questions before, and they didn’t).
So: "the prosecution contended those luminol hits were blood without disclosing they'd tested negative" and "they were caught lying" is false. 9. It's spin, it's just some false rhetoric slogans. Obviously also that "the 'hypothesis' that the hits might have been diluted between the thresholds of TMB" does not need any timing to be believable, given that there is no reasonable alternative; while you decision to whom you believe or not is your buisness, but it's based upon your unreasonable expectations, which are just detatched from the real events in the trial.