Antony said:
Wrong on both counts. The prosecution must show that contamination is excluded, otherwise the results are invalid. The defence does not have to show that contamination occurred.
In any case, both the knife and the bra-clasp were exposed to contamination at numerous points in the collection/testing cycle. There is even a video on YouTube of the bra-clasp collection, showing the investigators handling it with dirty gloves. The existence of unattributed DNA on the bra-clasp is actually proof that contamination did occur.
wrong the SC said claiming contamination is not enough.
Briars, you will be surprised to hear that I agree with you.
Whether innocenters like it or not, Judge Massei and his court set the bar in the wrong place - but he set the bar at where Briars says. And the stunning thing is that the ISC, in fact, said what Briars said it said.
Antony is quite correct, in general, when he says:
The prosecution must show that contamination is excluded, otherwise the results are invalid. The defence does not have to show that contamination occurred.
It is up to Stefanoni and her lab to provide the evidence which satisfies Antony's words.... except that the judge in question, Massei, set the bar at the wrong place. If you read Massei's motivations report, he literally says, "The reason I know there was no contamination, was because I asked Stefanoni and she (verbally) assured me there was none."
The sane part of the world waited for Hellmann to comment - well, Hellmann got quashed by the ISC and the ISC, uncritically, simply repeated the bare claim - contamination must be proven.
If Nencini convicts, and IF this assertion turns out to be a main part of Nencini's motivations to support a conviction..... then it is off to the ECHR on this point alone.
Indeed, they will point to the method used by the RIS Carabinieri to provide the report to the Nencini court itself.
So, Briars, I agree with you, the ISC did in fact say what you said it said. But as lionking points out, the video provided by the very Scientific Police themselves shows only one of the methods of contamination... and this can then be tied to Stefanoni's own testimony....
.... when shown the video and the way she handled the clasp, she could neither confirm nor deny that her obviously dirty glove touches the bra-hook in question.
Contamination must be proven, apparently so in Italy. But contamination WAS proven. Watch the video. Read Stefanoni's own testimony.
And do not, repeat, do not get yourself embroiled in a criminal dispute in Italy where your own life is on the line, and DNA is in the balance. If Italy's ISC ruling holds, then I'd be on YOUR side Briars...