Well, from what I posted already we can divine that Vecchiotti required an electropherogram that included the peak area data in addition to the peak height data like on the one she originally sent. However this omission by Stefanoni and Vecchiotti having to specifically ask for one with the peak area data included doesn't imply that Vecchiotti should have had to specifically request every little thing regarding the data for the work she was evaluating, especially something as necessary to the evaluation of the work as the negative controls.
Well, actually it does imply that Vecchiotti went into the merit of which single file she wanted to have. She wrote a mail (maybe more than one) not to just request “all the existing documentation” in generic terms, but to request single files. It seems to me there is a little contradiction in your statement above, when you talk about specifically requesting “every little thing” and “especially something as necessary to the evaluation of the work”.
The apparent contradiction is between “little thing” and “something as necessary…” . It’s a bit jarring isn’t it? If something is absolutely necessary to her work, it’s not a “little thing”.
If Vechiotti sends a second and third e-mail in order to request some specific file which she indicates, on the ground that that specific file is necessary to her work, this logically implies she could well request a second or a third file, in the same e-mail.
But she didn’t.
You seem to set the issue as if the problem was whether Vecchiotti “had to” specifically ask things. But the problem is not if she ‘had to’. The problem actually is that Vecchiotti
could request something which she (and you) define as absolutely necessary to complete her work, she could do that, and she didn’t.
If something is absolutely necessary, you can request it, and you don’t request it (or don’t make any attempt to obtain it) it’s an indefensible position.
Compare her position to that of a doctor (which in fact she is): if you can do something, you have to. And if you can do and you don’t do, you are at fault.
Then she answered that Stefanoni was cooperative and send all material that she requested.
She was paid (along with Conti) to test the knife and evaluate the work of Stafanoni, not chase down all the records necessary to do so.
I'm afraid you'r wrong. In fact, she was paid exactly for seeking out herself all documentation that could be necessary to her analysis. She is a court appointed expert. She is appointed for dealing with courts documentation in the first place. She was granted unfettered access to the records.
But she didn’t access them. Apparently, she complained that someone else didn’t tell her what was in the case file.
Stefanoni claimed she and the police followed all sorts of procedures even a cursory glance at the crime scene videos proves they did not, such as regularly change their gloves. C&V made a demonstration of that in court as you'll recall. Merely because Stefanoni (or Comodi) asserted something in court is no reason for C&V to assume it was true, especially them having evidence of it not being true.
Try to follow me: they
cannot assume it is false, either. Certainly not prior to reporting about it, and not without reporting about their own verification activity on the topic.
Btw (this is incidental): indeed C&V played a video (which was already known to the judges), but this video did not prove that something said by Stefanoni was a lie. In fact the only purpose of the video was to show a dirty glove. Which was already photographed and seen by the first instance trial judges.
She went straight to the source, the person who had all the files and whose work was being evaluated. Being as they were (in part) commissioned to evaluate Stefanoni's technical report they had the data they needed from the RTIGF, if Stefanoni failed to include something there and didn't bring it to C&V's attention that it was included at another time despite being asked for all files relevant to the tests Stefanoni performed then the omission is on Stefanoni, not them.
I’m sorry but this argument is totally flawed. In reality the only person responsible for Vecchiotti’s documentation is Vecchiotti herself.
By going to a “direct source” she doesn’t have a power to “transfer” any responsibility to Stefanoni. She (and Conti) are the only ones responsible for ensuring that all steps are taken order to obtain the complete documentation they need, insofar as they deem it necessary to their work.
If Vecchiotti and Conti deem something is necessary, and don’t take a step to obtain it, they are at fault. And Stefanoni bears no responsibility for such fault, regardless if Stefanoni’s cooperation performance is good or bad.
Stefanoni was
not appointed by the judge. Stefanoni had no obligation, except complying with Vecchiotti’s requests, and bears no responsability about the adequacy of Vecchiotti and Conti's documentation. If Vecchiotti’s requests turn out to be incomplete and inadequate, their responsibility is out of discussion.
Yes, she ought to have been quite surprised if there was material outstanding that wasn't in the RTIGF and wasn't included by Stefanoni when she was asked for the files relevant to the tests.
She ought to know what was in the preliminary hearing transcripts, since she included them in her reference documentation and quoted the mas legal papers.
But she didn’t know them.
Perhaps this is because C&V weren't commissioned to take Stefanoni at her word but to evaluate the work she did, and having been exposed to it realized that simply because Stefanoni said something in court didn't mean it was true? A perusal of this page (amongst others!) shows where they'd discovered this about Stefanoni and her work.
Vecchiotti fails to mention key information from the preliminary hearing. She could have taken it and challenged it. In fact, she did challenge something, but just one cherry picked element (which maybe she was fed directly by the defence, since, by coincidence, it’s exactly the same one quoted in the defence submissions).
Had she actually read the transcripts and seached the files, she could have challenged the negative controls pointing out the contradiction.
But she didn’t.
Vecchiotti didn’t mention and didn’t challenge the records. She did not do anything to verify them. She simply ignored them.
They were not commissioned to take Stefanoni at her word, but they neither can ignore her – and they cannot ignore the transcripts. What C&V did was to ignore some things, they refused to dispute them and just
assumed something else without verification, and they cherry pick and ‘challenged’ openly only some other few of them. In other words, the mentioned and disputed only the claimes that they
could dispute, while they
ignored the claims that they didn’t want to actually find out.
To my knowledge there is no proof anywhere that Stefanoni ever submitted the negative controls. We know that Comodi claimed they were on record, but when she attempted to find them she couldn't and produced a record that wasn't compatible with the other records.
To my knowledge, judge Pratillo Hellmann refused to accept them, on the reason that “contamination could have occurred outside the laboratory”.
The proof that Stefanoni submitted the negative controls is actually a secondary issue. What matters instead, the real problem with Vecchiotti and Conti, is that they
made no attempt to verify whethr the negative controls were submitted, if they were there, if they were iin the file; and even if they were elsewhere.
C&V did no attempt to verify and this is the only, actually sufficient, question that matters to their credibility. Comodi said that the negative controls were deposited, she may be wrong but the word of a magistrate puts the burden of proof on those who want to disprove it, Stefanoni deglared she always performed negative controls (and btw it would be just unrealistic and not credible to assume the contrary) this witness statement also put a burden of proof on anyone who wishes to dispute it; but anyway, the question of where the negative are is secondary to the point of C&Vs’ credibility: they only should have attemtped to verify their existence, to verify the court files, and they did nothing. This blows down C&V no matter who or what Comodi and Stefanoni are or did.