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#14121 |
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Penultimate Amazing
Join Date: May 2010
Posts: 11,485
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There's no "having to be appealed again". This is the appeal trial which automatically follows the first trial. It's not like the anglo-saxon situation, where people are convicted, then they can apply to appeal, but only if new facts or evidence come to light. If the appeal gets granted they get an appeal hearing - in which they have to actively prove to the appeal judges that the conviction is unsafe with evidence (whether it's new evidence or a refutation of existing evidence). If their appeal fails, they go back to prison, and can only then re-apply for an appeal if further new facts or evidence come to light. Basically, if Knox and Sollecito are found guilty in this appeal trial (and if the verdicts are confirmed by the Supreme Court), they will find it very difficult indeed to appeal again. They will then be in the same situation as convicted criminals in the anglo-saxon model: in other words, they will need to prove that there is significant new evidence (or a refutation of existing evidence) that was not available to the original trial courts, and they will need to meet the burden of proof in this regard. But I think all this is moot anyway. I think that Knox and Sollecito will very probably be acquitted in this appeal trial. I have argued this for a very long time, based on what I believe to be a rational and reasonable analysis of all the evidence in this case. I (and many others here) have long argued that much of the so-called "key" evidence in the first trial was deeply flawed - and we've articulated the reasons why we think this. I think we are right. The independent DNA report and the unravelling of Curatolo are the first two vindications of our position. I think that various other elements (Quintavalle and Capezzali, computer/phone records, ToD*, bathmat print, blood in bathroom, prints on hallway floor) will also play out largely as we have predicted. We'll have to wait and see, of course, but my money is on Knox and Sollecito being acquitted by November. * And, contrary to what you might read elsewhere from people who are either uninformed or aiming to mislead, ToD will most definitely be addressed in the appeal trial. Whether Hellmann decides to allow addition expert testimony about ToD is still uncertain; but regardless of whether he does or not, ToD will absolutely certainly be argued in the appeal trial. And there's in fact already ample testimony on the record to destroy the ToD accepted by the court in the first trial, and to place it before 10pm - in which case, it's very hard to argue that Knox and Sollecito were involved (and it destroys the testimony of Capezzali in and of itself). |
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#14122 |
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Penultimate Amazing
Join Date: May 2010
Posts: 11,485
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So true. Even though I don't have any connection to any of the players in this sad drama, I still find it obscene that certain factions not only use "justice for Meredith Kercher" as a shield for their actions and words, but (even worse) insinuate that those arguing for Knox's/Sollecito's acquittal somehow don't care about the victim or her family/friends. I'm detecting a subtle but significant shift in the thinking amongst some pro-guilt commentators. It would appear that the full impact of the DNA report might now be just beginning to sink in. And the emphasis is consequently shifting from "mountains of evidence" and "they will rot in jail" to one of "well, they might get acquitted on a technicality, but everyone will always know that they are nasty little sex killers nonetheless". In other words, there appears to be a certain amount of pre-emptive rationalisation taking place in preparation for the prospect of acquittals. Most irrationally (and nastily) of all, some are even suggesting that the independent DNA report (which was commissioned, monitored and received by Judge Hellmann) was somehow the product of bribery by Knox's family (with the help of the dastardly evil PR geniuses Gogerty Marriott, of course!). The idiocy continues.... |
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#14123 |
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Muse
Join Date: May 2010
Posts: 580
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____________________
LEDrexel, I'm surprised the MODERATORS on this thread even let your opinion slip in..........usually what happened to Amanda's baby is regarded as a taboo topic. If I recall correctly, on the rare occasions this topic is discussed here, our resident innocentisti insist that it was never proved that Amanda had a baby, or ---if she did---some animal-or other stole the baby. Even a kangaroo has been mentioned. Though there are no wild kangaroos, worth mentioning, in Italy! Expect my comment now to go POOOF! /// |
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#14124 |
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Master Poster
Join Date: Aug 2010
Posts: 2,119
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__________________
Truth is ever to be found in simplicity, and not in the multiplicity and confusion of things. |
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#14125 |
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Philosopher
Join Date: Oct 2010
Posts: 6,605
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What is most...curious...is the absolute insistence in certain quarters that justice for Meredith Kercher must be tied to the guilt of Amanda Knox. That's irrational of course, and in fact if Amanda is innocent those advocating wholesale for her guilt will of course have committed an absolute obscenity in the name of the person they seek justice for. If the evidence suggests Amanda is innocent, then justice for Meredith Kercher is intrinsically tied to seeking to punish those who attempted to prosecute her unjustly.
It's too bad there's no one posting here to accuse you of 'mind-reading!' ![]() I've not seen posts of that nature, but I only made a cursory survey, those that stuck out to me were the ones who were somehow trying to pretend the DNA expert's report was less damning than it was, and even if it was then it was just a minor part of the case. That might be because the report Hellmann commissioned was so very similar to the letter Dan Krane, Elizabeth Johnson et al wrote and signed some three and a half years ago. The most interesting thing about the whole 'PR campaign' meme is it seems to have never occurred to any of them they even if there was a million dollar PR campaign with tentacles everywhere that they could still be right! The best 'spin' is the truth told prettily... |
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"Honi soit qui mal y pense." |
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#14126 |
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Master Poster
Join Date: Aug 2010
Posts: 2,119
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The report is referencing Toothman 2008 study about DNA in household dust, pointng out that no samples of ambient dust were tested for comparison to prove that the contamination didn't come from it. I got a feeling I've seen it mentioned before. Was is on this forum
?The artifact was recovered 46 days after the crime, in an environment highly suggestive of contamination . The risk of incorrectly interpreting environmental contaminants such dust could be minimized only by having the foresight to establish very strict control procedures, including analysis of extracts from sterile cotton swabs soaked in sterile buffer passed to pick up on environmental surfaces dust samples, a procedure that has not been implemented; (google) |
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Truth is ever to be found in simplicity, and not in the multiplicity and confusion of things. |
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#14127 |
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Published Author
Join Date: Feb 2010
Location: Elon, NC
Posts: 7,091
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Yep. I wanted to do a full document translation through the toolkit but it has so many image files, charts, and tables that it will not work. It may be possible to translate the text only and add those things back in but I doubt I will have time to do this in the next few days.
Hopefully some of our Italian readers will give us some insight. |
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"I have hated the words and I have loved them, and I hope I have made them right". |
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#14128 |
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Master Poster
Join Date: Aug 2010
Posts: 2,119
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About the knife the experts are simply asking WTF?? time after time
:Despite the negativity of the test for the diagnosis of blood and omitted surveys for research of cells (hence the lack of identification of the material removed from the exhibit 36) CT suggested the presence of "alleged cells exfoliation" on the handle of the material taken knife (tracks ADF) and "alleged biological material" other (likely given the blood-specific investigations in search of blood peroxidase) on material taken from the blade (tracks BC - EG). The assumptions made by CT. about the nature of the material analyzed, are completely arbitrary as not supported by any scientifically objective feedback. it is not understandable what criterion has been adopted in the evaluation of the quantification of the positive trace B and trace C of negativity since for both tracks got the same result was "too low". ie a value that must be considered not only below the threshold of sensitivity of the fluorimeter indicated in the manual (DNA concentrations of 0.2 ng / PJ), but below the value of 0.08 ng / tl. fluorimeter has detected that the value for track A. And now they notice Patrizia simply lied on the stand: Nor is understandable, given the negative results on Track B, as reported by Dr. Stefanoni during interrogation GUP (p. 178) when it states that the DNA in Track B, quantified by Real Time PCR (please note that the quantification as well as confirmed at the hearing has never been enforced, least. there has been no documentation to support this assertion). was "in the order of a few hundred picograms," value, this, that does not emerge from any of the acts give yourselves (SAL, reports of the fluorometer, the Real Time reports, RTIGF). (google translate all the way) |
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Truth is ever to be found in simplicity, and not in the multiplicity and confusion of things. |
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#14129 |
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Master Poster
Join Date: Aug 2010
Posts: 2,119
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Truth is ever to be found in simplicity, and not in the multiplicity and confusion of things. |
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#14130 |
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Illuminator
Join Date: May 2011
Posts: 3,940
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Some posters at PMF were making a big stink about the report making reference to "international standards," the implication being how dare they defer to these international standards when Italy is an advanced nation with its own justice system, etc., etc. This got me thinking.
First, I think it's clear from the conclusions that the indepenent experts looked at the overall picture, and were absolutely horrified at what happened, from evidence collection all the way through to testing. I think they thought to themselves that "people cannot be sent to jail in Italy based on work like this." And then they must have thought "Patrizia Stefanoni is one of our best scientists in this field--how can this have happened? . . ." And they looked around, and they found that in reality, Italy doesn't have clear standards governing much of what was done in this case. And they asked "if this is happening here, in this high-profile case with a good scientist, what is going on in other cases? Are we routinely locking away people based on work like this? Momma mia." But then they thought: "we are Italy's leading scientists in this field. We are La Sapienza. We are internationally known and respected. People will listen to us, and this case is a big stage. Let's do something about this." So what we ended up with is a report that is half about this case, and half statement to the justice system. The part that is statement to the justice system cites extensively to international standards and says that they must be followed. The experts know that this report will be widely publicized and discussed in the forensics community in Italy, and they know that if the report is accepted by the court, then the standards and practices advocated by the report will become de facto standards in Italy. These experts together have said to the Italian justice system "this new science is a valuable tool, but you must use it properly or you will destroy lives. Here is how we will use it." So in my view, this report may very well have a very powerful and important message that reaches well beyond the narrow boundaries of this case. And, taking a broader view, this is a very good thing for Italy. |
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#14131 |
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Thinker
Join Date: Aug 2010
Posts: 127
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#14132 |
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Available for Parties
Moderator Join Date: Jul 2006
Location: New York
Posts: 21,262
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If this is a meta-comment on how criminal litigation has seeped into the popular culture as entertainment, then it's brilliant. However, seeing the thread about education that the poster started, I fear this may not be satire at all. In any case, if Knox did kill her daughter, I'm sure the Italian courts would find her guilty ... whether there was evidence of it or not. |
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#14133 |
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Penultimate Amazing
Join Date: May 2010
Posts: 11,485
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Having read more of the report now myself, I completely agree with your assessment here. I think the authors want to send a blanket message, in addition to destroying the specific personalities and procedures involved in this case. The more I read, the more it's clear that Conti and Vecchiotti are astonished that this stuff ever made it into a courtroom in the first place, and - if anything - are even more astonished that Massei not only let all this stand, but used it as a key basis for his verdict. There are so many extreme mess-ups across so many areas concerning this DNA evidence that it would be comical if it wasn't so deadly serious. I can only start to think of what the consequences of all this will be - not only for Stefanoni (and everyone involved in the collection and storage of the evidence), but also for those who unequivocally endorsed the work being carried out. If anything, the latter group of people are even more culpable: it's perhaps marginally understandable for a person to defend his/her own work, even against perceived failings, but it's unforgivable for others - of even higher seniority - to sign off the shockingly bad work. And to sign it off not just as acceptable, but as "world class"!! |
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#14134 |
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Master Poster
Join Date: Apr 2007
Posts: 2,423
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#14135 |
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Penultimate Amazing
Join Date: May 2010
Posts: 11,485
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One of the bigger idiots is still trying to assert that if it's Sollecito's DNA on the bra clasp, then he's "toast". This is of course arrant nonsense. Even if it were shown to be Sollecito's DNA on the bra clasp (and the report suggest that the electropherograms have been misinterpreted and it therefore may well not be his in any case), the report concluded that there is so much potential for contamination at so many levels (both within the cottage and at the lab), that anything found on the bra clasp is of no evidential value anyhow.
It's actually quite sad observing some of these people rage against the dying of the light. I think it's time for them to take some time out, and consider why they feel it so necessary to argue further and further away from logic and reason, simply in order to attempt to defend an increasingly indefensible position. |
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#14136 |
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Penultimate Amazing
Join Date: May 2010
Posts: 11,485
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That was my thought! And then I got a mental image of Elaine in Seinfeld: http://www.youtube.com/watch?v=ghCTZF61ey0
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#14137 |
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Master Poster
Join Date: Aug 2010
Posts: 2,119
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__________________
Truth is ever to be found in simplicity, and not in the multiplicity and confusion of things. |
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#14138 |
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Master Poster
Join Date: Aug 2010
Posts: 2,119
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__________________
Truth is ever to be found in simplicity, and not in the multiplicity and confusion of things. |
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#14139 |
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Banned
Join Date: Feb 2007
Posts: 13,594
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The toolkit doesn't know how to handle tags within text so these have to be moved to between sentences. Keeping the original page numbers (ie: [403]) and attempting to preserve the look with hard newlines helps tremendously when comparing the converted text to the original. The toolkit could be a lot better if it did some of this mechanical stuff automatically. Somebody should write Google and tell them
![]() It is also helpful to have a glossary of names that shouldn't be translated and technical terms that should have a specific translation. I can convert the Kercher Case People list from the wiki into the format needed for the glossary. Anybody else that wants to submit a list of terms used in these documents and their translation, I'll create a page to keep the master list. |
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#14140 |
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Philosopher
Join Date: Dec 2009
Posts: 8,665
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lessons learned, part 1
Diocletus,
This is a very insightful comment. The Jaidyn Leskie case and the Farah Jama case (which Lionking brought to my attention indirectly) seemed to make some in Australia think long and hard about DNA evidence, IIUC. The Leskie case in particular was the subject of an extensive inquiry. And let me also echo LondonJohn's praise of Italy's automatic appeal system with its presumption of innocence, which is looking pretty good right now. Finally, there is a little snippet of Hampikian here. EDT I believe that both Leskie and Jama were cases from Victoria, a populous state. |
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“Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened.” – Winston Churchill |
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#14141 |
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Scholar
Join Date: Sep 2010
Posts: 91
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Steve Moore is reporting the the knife handle was opened and no blood found. This is the first I heard of that, does anybody have confirmation?
"Additionally, and interestingly, when the handles were taken off the blade of the knife, no blood was found. Starch was found. Starch? Yes, as in the type of starch found in the water of boiling pots of pasta. If blood had EVER been on that knife, the starch would have absorbed it and preserved it. That knife has never even touched blood." http://gmancasefile.blogspot.com/201...ng-of-end.html |
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#14142 |
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Philosopher
Join Date: Dec 2009
Posts: 8,665
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DNA in skin and dust
Katody Matrass,
I may have been the first person to quote this article, and I contacted the lead author for clarification. Kestrel started a thread on DNA in skin cells that also dealt with the Toothman study. I have sometimes wondered whether or not a little of the DNA on the clasp came from dust. |
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“Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened.” – Winston Churchill |
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#14143 |
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Illuminator
Join Date: May 2011
Posts: 3,940
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Thank you. I will be most interested to read your analysis of the report when you have a chance to put something together, as I have found your prior work on this case to be excellent.
I'm afraid that I can't share the praise of Italy's two-trial system. Systems built like this tend to encourage error in the first go-round, because the first group knows that the error can be fixed later. This case, and the fates of the inncocent defendants, show why there needs to be a premium on getting it right the first time. The absence of a speedy trial safeguard compounds the problem, IMHO. In the US and UK, assuming the same initial errors, there also would also have been two trials, because the first trial would have been thrown out by the appellate court. The trial and re-trial would have happened much more quickly then the two trials in this case. |
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#14144 |
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Published Author
Join Date: Feb 2010
Location: Elon, NC
Posts: 7,091
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__________________
"I have hated the words and I have loved them, and I hope I have made them right". |
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#14145 |
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Published Author
Join Date: Feb 2010
Location: Elon, NC
Posts: 7,091
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__________________
"I have hated the words and I have loved them, and I hope I have made them right". |
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#14146 |
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Published Author
Join Date: Feb 2010
Location: Elon, NC
Posts: 7,091
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Here is a translation by thoughtful on this issue:
Quote:
Very interesting information coming out of the report. |
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"I have hated the words and I have loved them, and I hope I have made them right". |
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#14147 |
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Master Poster
Join Date: Aug 2010
Posts: 2,119
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Exactly, it does look like the independent experts swallowed your FOA talking points hook, line, and sinker
![]() There are many potential paths of contamination, none of which can we exclude due to outstanding work and documentation of Scientifica. I suspect a "non-scientific" cop handling items of clothing or underwear in Amanda's room and then picking up and throwing away the clasp is as possible as transfer from the door handle or yes - simply dust. |
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Truth is ever to be found in simplicity, and not in the multiplicity and confusion of things. |
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#14148 |
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Illuminator
Join Date: May 2011
Posts: 3,940
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Here is another fascinating item from Thoughtful:
"As for accuracy, I doubt that there is one single inaccurate statement in Conti-Vecchiotti's report (unless Stefanoni has documentation that she didn't send on, but that seems unlikely at this point). Conti and Vecchiotti date every document they received from her, and clearly she was sending them documents little by little and only on specific demand, as they were still receiving further documents on April 29 and May 11. I'm sure they requested and received the complete SAL." (my emphasis) |
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#14149 |
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Graduate Poster
Join Date: Apr 2010
Posts: 1,582
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Steve is incorrect to say the knife was taken apart but the basis of his statement is sound. They found starch in the seam where the handle meets the blade. His statement: "If blood had EVER been on that knife, the starch would have absorbed it and preserved it. That knife has never even touched blood" is absolutely true.
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#14150 |
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Published Author
Join Date: Feb 2010
Location: Elon, NC
Posts: 7,091
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__________________
"I have hated the words and I have loved them, and I hope I have made them right". |
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#14151 |
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Graduate Poster
Join Date: Mar 2010
Posts: 1,662
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thats as bad as not recording, or transcribing, the interrogation.
to NOT run a simple "blank run", negative control, to ensure the tool is ready for the next sample, and all previous residual traces are cleared is hard to believe, even from a novice let alone a expert. this possible residual, as I read, is why the equipment designer recommends a RFU limit too. Too Low is like trying to decipher music from a fuzzzy-radio station. i'm not one for conspiracy's in general, but I do believe solo humans often lie and are biased. they might ignore data and justify their actions because they truly believe in their "team's goal". makes me wonder if she ran negatives, like the interrogation tape, they realized it wasn't good info and it disappeared. or I'm wrong again...and its common practice in the DNA world, not to run controls before running the sample. this is huge. without the knife, there is absolutely nothing to place Amanda in Merediths room, not even Rudys "partial truths" support Amanda in the bedroom. will the Guilters attack Raffaele now? They always seem to put Rudy on the pedestal as his words are believed the two students were there. thanks Rose, great info.. |
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#14152 |
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Graduate Poster
Join Date: Apr 2010
Posts: 1,582
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In the next few days it would be nice to see those, who have been involved in this heated debate, to take a step back and look at what the DNA report actually says. This debate has gone on for so long that it appears the online debate has become the focus rather than the actual people involved. Right now I see a lot of spin regarding the report which is to be expected for those determined to win their online shouting match, but not very realistic for those looking at this case based on the real lives being destroyed.
The knife and the clasp are gone. They will no longer be viewed as credible after the July hearing. The independent experts were appointed by the court and their results will be accepted. The spin goes like this; "the DNA is only a small part of the 'mountain of evidence' to convict the two 'love birds.' The 'staged' break in is really what convicted them in the first place" There is no credible evidence to prove a staged break in but Massei (the judge that refused additional testing on the DNA) said it was staged so that's good enough for those in spin mode now. If that's all you have to secure convictions then it's really time to walk away from the debate. |
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#14153 |
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Muse
Join Date: Feb 2010
Posts: 684
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#14154 |
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Muse
Join Date: Dec 2010
Posts: 646
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#14155 |
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Graduate Poster
Join Date: Dec 2009
Posts: 1,748
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#14156 |
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Muse
Join Date: Dec 2010
Posts: 646
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contamination of bra clasp, continued...
p. 137:
Quote:
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#14157 |
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Anti-homeopathy illuminati member
Join Date: Sep 2003
Location: NT 150 511
Posts: 39,542
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I'm pleased to see this development, because it makes sense.
I simply couldn't see how the time of death evidence could possibly fit with the murder having happened much after 9 o'clock. By the way, I discussed that evidence with a colleague who is FRCPath, and her reaction was that she was mildly surprised there had been no transit to the duodenum by 9 o'clock, and was quite adamant that death must have occurred soon after the victim was last seen alive under the circumstances described. She also gave the opinion that while some artefactual slippage from the pylorus into the duodenum might happen if care wasn't taken, for duodenal contents to slip well down into the jejunum by accident, leaving an empty duodenum, was well-nigh impossible. For the time of death to be much later than nine o'clock, we'd have to shift the time of the meal to after the film was watched, or even to after Meredith returned home, or we'd have to show that the post mortem results as reported were in error. The testimony of the friends as to the time of the meal seems clear enough that it was eaten before the film was watched, and I understand the post mortem examination was videoed and showed correct procedure with results as reported. Thus the time of death has to have been shortly after Meredith returned home. Which is conveniently consistent with the evidence in her home, indicating that she didn't do anything else once she got there, not even phone her mother. I couldn't get much sense out of those posters supporting guilt on this point. Handwaving about "google time of death", and assertions that we had no idea at all when Meredith ate, really didn't help at all. As far as I could see what was actually being said was that the DNA evidence placed Knox and Sollecito at the scene of the crime, so if they couldn't have been there shortly after nine, the murder must have happened significantly later. As I said, I couldn't see how the time of death could possibly be shifted, on the evidence as it stood. However, while I am not a molecular biologist and do not even play one on TV, I do have a molecular biology lab two doors down from my office. And I am occasionally on the receiving end of highly vocal ire from the technicians there for daring to step into their "clean lab", because of the risk of contamination. We don't want you in here, you might shed skin cells! Go away! Please, take the pipette and don't give it back because we don't want it again if you've touched it! So yes, it occurred to me that those suggesting the DNA results were the weaker side of the argument might well be right. It's still a bit of a shocker that a forensic lab could be so wrong, and a forensic scientist stand up and defend such bad procedure in court. The danger of forensic scientists who work on police cases starting to see themselves as part of the prosecution team instead of impartial seekers after truth is well-recognised. Somebody needs to tell the Italian criminal justice system about this phenomenon. Rolfe. |
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"The way we vote will depend, ultimately, on whether we are persuaded to hope or to fear." - Aonghas MacNeacail, June 2012. |
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#14158 |
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Philosopher
Join Date: Dec 2009
Posts: 8,665
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contamination from amplified DNA
Thoughtful also translated a section that dealt with the need to run the reference samples after the evidence samples and the need to do LCN work in a separate facility. These are not new issues to readers of the first Knox thread. Mark Waterbury quoted the Crown’s guidelines with reference to having a separate facility with special precautions. Donald Riley’s excellent introductory article has two sections on contamination. This article alerted me to the problem of an amplified sample’s potentially contaminating an unamplified one, and I have quoted from it liberally on many occasions.
EDT Dr. Riley's article discusses the problem of the PCR-amplified product of one reaction contaminating another sample that is yet to be amplified. He also draws an analogy between sterile technique and PCR (polymerase chain reaction) technique and notes its limitations. |
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“Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened.” – Winston Churchill |
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#14159 |
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Becoming Beth
Join Date: May 2009
Location: Central Vale of Humility
Posts: 15,174
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Yep.
Quote:
When questioned by Jose Baez, the defense attorney, her testimony in essence was that any type of reaction at all could be expressed by someone experiencing deep grief. When cross-examined by the SA she testified with equal equanimity that the same could be true of someone experiencing deep guilt. Taken as a whole her professional opinion appeared to be that anyone could express nearly anything in nearly any way at all. It was yet another WTF moment in the trial, as in, "WTF is the point of this testimony?" The prosecution's case in this trial would probably have be as strong if the defense had called fewer witnesses. I think 'Dr. Grief' might be an example. Not one of the best ones, since her testimony on cross wasn't outright detrimental to the defendant (as was that of some of the other defense witnesses), but I expect it left the jury wondering what the hell Baez was trying to do. |
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"It never does just what I want, but only what I tell it."
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#14160 |
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Master Poster
Join Date: Aug 2010
Location: North of the White Line of Toldt
Posts: 2,645
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