I thought I would add my six penn'orth since this is my wheelhouse ©
Machiavelli said:
But this is just false. And this is not a jury based adversarial system in which the evidence can be preemptively selected by a judge. The duty of the prosecution is not at all to bring findings that have an absolute certain or certified meaning, it is instead to just bring facts that are meaningful on a probabilistic level. You can well reach a certain conclusion without any "smoking gun" and with not a single element that is absolutely certain. There is no need of absolute certainty thresholds or certifications whatsoever for evidence in a trial.
Nomenclature please! Prosecutors do not 'bring findings'. The court makes those. The prosecution calls evidence to prove the charge having judged it sufficient for the job. 'Certainty' is for philosophers.
Italy allegedly has an adversarial system, but clearly it isn't fully accepted. The issue is more with the "jury" system. Here and elsewhere where the judge MUST rule on evidence before the "deciders" enter the juror room. Here the judge eliminates evidence that just being presented would impact the deciders even if the defense were to be able to attack it. An example would be DNA that wasn't handled to accepted protocol standards. This has nothing to do with any gun smoking or not.
Hmm. I am not sure badly handled DNA evidence would be inadmissible in a common law trial. It would just be lousy evidence.
Grinder said:
Things that don't rise to accepted levels are not facts. It is a fact that Stef claimed she found the DNA but her methods and the handling of the items leaves that claim short of a fact.
Which the jury decides. The judge might first decide whether an expert's credentials were sufficient to allow them to give opinion evidence (sidebar: most witnesses may only prove facts known to them while experts may opine) and whether the particular field was one that was recognised as having experts in it (DNA forensics - check, blood spatter - check, dowsing - maybe not).
In the Italian system the judge does decide what will be presented to the other judges in court. Massei decided that Cristian T wouldn't be allowed to testify. Not every "fact" a prosecutor wants to present MUST be allowed. Certainly the court didn't allow many defense requests.
I thought it was Micheli who rejected Tramontano. That was at a preliminary hearing whose purpose was to decide whether there was a case to answer, a decision influenced by some very serious lies for which somebody belongs in jail. In an English court it would not be possible to stop the defence calling Tramontano at trial nor, within reason, anybody else.
LJ linked an interesting ECHR case over at IIP recently. The facts were that a guy was accused with his mistress of murdering his wife. Something like that anyway. His defence was that he was on his lunch break standing in a queue at the land registry at the time of the crime. He remembered a detail - the guy in front of him, of whom he gave a description, had had to return to get a document stamped having forgotten about it before. Get this - they identified the guy in the queue but the accused's request that he be called was denied!
Did I mention this was an Italian case?

. The upshot was the poor bastard was convicted and duly appealed to the ECHR. While that was going through the system, Italy thought better of this interesting approach to fairness and re-tried the case with the land registry guy as a witness and, who would believe it, his evidence stood up in every detail, including the little bald patch the defendant remembered. This did not stop the nutters arguing he had sent someone else to stand in the queue, an idea that was too crazy even for Cassazione to swallow.
Italy.
Mach - why not just revert to trial by ordeal? It's cheaper, quicker and equally just.
Machiavelli said:
But you can't be serious calling tho a "connection with MK". Tertiary transfer from having breathed the air inside a house (not the room). What are the records in science of a transfer under these condition? What are the odds? It' ridiculous. You could start talking of probability approaching the area of reasonable probability if Gubbiotti was wearing a jacket completely splashed with Meredith's blood. Btw Gubbiotti did not leave his alleged contaminating MK's DNA on any other item he handled from Sollecito's apartment; actually not even his own DNA is found on the knife, nor that of other forensics, not even on any other item collects in Sollecito's apartment.
How do you know?
Grinder said:
Breathing the air, please. Exactly what did the policeman that placed the knife in the calendar box do at the cottage? What did the cop that spied the knife do at the cottage? The amount of alleged DNA on the knife clearly could get there by secondary, tertiary or even through more transfers. Do you think DNA just vaporizes after a secondary transfer?
You should not worry about paths of contamination. The DNA evidence doesn't get to first base

. It's only in Italy (see above) where this macabre pantomime plays out.
But, first you don't even have evidence of RS's DNA on the door, in what amount was it there? Did Sollecito lick extensively the surface? There is no evidence of a source of any massive or anyway statistically significant size.
Then, who would this "someone" be? Did anyone pick up the clasp? How did Sollecito's DNA from a dry trace stick on the metal? And nowhere else? What are the odds for this transfer? Whereas the operator did not manage to leave not even his own profile on any item, not even on the floor?
And the knife, with 6 days of interval during which 105 samples were analyzed by the same machine and no MK trace found (this is the Novelli report)?
Amanda's secondary transfer, an isolated trace on a blade? Why not on the handle then? Why not on the things Knox touched most frequently? And after all, why should Knox come into contact with a large source of Meredith's DNA? And even if that was the case, would any better forensic technique change anything to this matter?
All utter crap, repeatedly debunked here and by C-V. Can we have the dates of the knife amplifications (ooh - and the associated negative controls too) please? Without them there is no basis for the 6 day claim (Diocletus's wheelhouse).
Suppose, just as a thought experiment, that the cops or Stefanoni did tamper with the DNA evidence. In such a case it would be futile looking for possible paths of contamination since
ex hypothesi there wouldn't be one. According to Mach, that's the end of the road. Guilty.
Grinder said:
Are you suggesting that Raf was part of this violent murder and left no DNA in the cottage at all? Obviously the ICSI didn't find it, but does that mean it wasn't there? Did they check the door? Whose DNA was on the door knob? Did they find any DNA from the PP?
Yes, I think he is.
Machiavelli said:
And has any non "defense-siding" expert found anything to the contrary? Any non Vecchiotti- related expert?
Conti.
Grinder said:
Gill. Since all the experts except those directly associated with the prosecution went against Stef, I guess you would say they were "defense siding".
Why not give all, as in everything, of the lab files and all related information including collection videos to an independent expert from some non-involved country and see what they come up with? Please don't answer with some legal gobbledygook.
I will answer for Mach and Italy. There are a number of reasons, namely:
1 such a request is without precedent
2 it is also impertinent and insulting
3 it may very well necessitate a charge of slander if persisted in
4 the request is too late
5 alternatively, the request is too early as we have not yet got to the point where we can lawfully destroy the material - we agree to disclosure subsequent to destruction
6 the court file is too bulky already
7 the request has been complied with
8 compliance with the request (notwithstanding 7 above) would reveal the fraudulent nature of the material, rendering valueless a lot of hard work.