".
No. My position (and I believe the law is with me) is of a flat "no" to this point.
A fingerprint may well be just compatible, and be a piece of circumstantial evidence.
Pieces of evidence do not need to have a standard of certainity.
At least we may agree that my position and yours are incompatible.
Anyway this is a simple point, quite at the root of any reasoning. Regardless everyone opinion, I think it is quite clear to everybody that the Supreme Court jurisprudence expresses my view.
I'm not offering my point as a legal argument; I think it is an argument about rationality. I think it belongs to logic not just to legal procedure.
The problem is there is not equality between prosecution and defence. The prosecution can collect lots of random facts, stories of screaming and running, discard those irrelevant and just present the one or two compatible with their story. Could a scream be heard? There is considerable doubt and some evidence that the scream heard could NOT be from the apartment. There is considerable doubt about the day that the scream was heard on and some that it was not the night of the murder. There is certainly no identity on the scream. Any university town or big city, the odd late night scream is not unusual. Certainly the character of the scream was not so unusual that it was reported at the time, or even after the report of the murder, but far later. given the uncertainty over time date nature and identity, any honest assessment has to be that this is more likely unrelated to the crime than related. The post mortem evidence is however really strong that the murder must have occurred shortly after 21.00. Rudi admits being present at the apartment and confirms the timing of the murder as being shortly after 21.00.
Interestingly I take the 'lies' of Amanda as evidence of innocence. I can see myself buckling and confessing. What is interesting is how she got details wrong that she would have got right had she been present. When sleep deprived one loses the ability to discriminate between reality and dreaming, intrusive dreams and mini-sleeps occur. Reality seeps into dreams. Her 'confession' seems to me an accurate description of a sleep deprived individual susceptible to suggestion who can no longer clearly discriminate between reality and dream. This is why Mach is so keen to deny sleep deprivation because this is so clearly a sleep deprived description, with he facts fed by the police.
Many knives were present in the apartment and were untested, one of which might have been involved in the crime and revealed important information, e.g. finger prints of some one who should not have been there.
A simple example of 'scientific validity' is the timing on the video. One needs to check the accuracy of the clock otherwise it is false evidence. It is like saying hypothetically that it was suspicious person X was warmly dressed because the temperature was 32. The Italian would assume it was centigrade and hot, the American it was Fahrenheit and cold, any scientist would realise that we were on Uranus. Without knowing the units and accuracy the value is meaningless.
It is like this with the PCR data, unless the test is done correctly and the controls and calibrations are given, the result is meaningless.
The honest way to present the luminal footprints is to say that given 1) luminal result, 2) TMB result 3) Lack of cellular material 4) lack of human specific test. It is most likely that these footprints were not the result of blood, there is a small but non zero possibility that it might be very dilute blood. It is not possible to attribute any time to its deposition, it may have been before, during or after the crime. It is not possible to identify whose foot deposited the material.
Remember there are fingerprints and DNA of unknown persons identified at the apartment, there are untested knives. We know that when AK was interrogated overnight the forensic results were not available, only subsequently did a 'friend' of Rudi tell the police that Rudi might be guilty. I have always thought that getting his testimony would be interesting.