Diocletus
Illuminator
- Joined
- May 19, 2011
- Messages
- 3,969
Suppression of Exculpatory Controls by Italian LE
This issue about Stefanoni’s suppression of the control records is fascinating.
In October 2008, Stefanoni brings two control documents with her, claiming that she didn’t produce them originally, because she is totally “objective” (in other words, above all scrutiny). She claims that she has the knife control results with her, and also “can include” all of the other controls in the court record. However, there is no evidence that she ever supplemented the court record by producing all of these other (non-knife) controls.
Moreover, there is evidence that Stefanoni did not even deposit the knife controls with the court. AFAIR, in 2011, Stefanoni and Commodi try to present two knife control documents to the court, claiming that they were previously deposited (I guess in Oct. 2008, as decribed above). The court gives the prosecution time to locate the control documents in the court record, but they fail, and in the meantime, a juror discovers that the coding information on the proffered documents does not correspond to what the controls are said to represent. The submissions are rejected, but this rejection is not cited by the Supreme Court as a reason to vacate the Hellmann judgment.
Bottom line: Stefanoni brought something to court in 2008, but it appears that she never filed it or any other controls of record with the court. Further, the items that she was claiming as the previously-deposited controls did not bear the correct coding, and therefore were not what Stefanoni said they were.
This appears to me to be strong evidence that Stefanoni and Comodi actively worked to deceive the court and suppressed from the defense crucial records concerning the validity of the tests. They are hiding something.
This issue about Stefanoni’s suppression of the control records is fascinating.
In October 2008, Stefanoni brings two control documents with her, claiming that she didn’t produce them originally, because she is totally “objective” (in other words, above all scrutiny). She claims that she has the knife control results with her, and also “can include” all of the other controls in the court record. However, there is no evidence that she ever supplemented the court record by producing all of these other (non-knife) controls.
Moreover, there is evidence that Stefanoni did not even deposit the knife controls with the court. AFAIR, in 2011, Stefanoni and Commodi try to present two knife control documents to the court, claiming that they were previously deposited (I guess in Oct. 2008, as decribed above). The court gives the prosecution time to locate the control documents in the court record, but they fail, and in the meantime, a juror discovers that the coding information on the proffered documents does not correspond to what the controls are said to represent. The submissions are rejected, but this rejection is not cited by the Supreme Court as a reason to vacate the Hellmann judgment.
Bottom line: Stefanoni brought something to court in 2008, but it appears that she never filed it or any other controls of record with the court. Further, the items that she was claiming as the previously-deposited controls did not bear the correct coding, and therefore were not what Stefanoni said they were.
This appears to me to be strong evidence that Stefanoni and Comodi actively worked to deceive the court and suppressed from the defense crucial records concerning the validity of the tests. They are hiding something.
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