Jones,

This seems a typical negative piece from you.
I'm not a lawyer but I understand there are other ways to get the ERV's report entered as evidence, besides having Penon show up.

Why do you say Rossi would make a bad impression in court? Everyone who has met him (IH excepted) say he is courteous and makes a favorable impression.

AA

On 2/21/2017 10:36 AM, Jones Beene wrote:
Speaking of Penon, or should I say the absence of Penon, has anyone considered the rules of evidence in Federal Court for getting that ERV report into evidence?

As it stands now, Penon - who is the supposed expert who collected the data and wrote the report is unavailable to appear for deposition. This means that the data in the ERV report may not be entered into evidence at a trial, which means that the case will have to be dismissed... since the contract revolves directly around that report and its validity. But there are strict rules for admission of evidence, more so for criminal trials but also for civil and generally it would seem that Penon must appear in order to have his report allowed into evidence at all.

In fact, an eventual dismissal of the case, after maximizing the delays as long as possible - looks like a *desired outcome *from the Rossi perspective. He then can then blame both IH and the legal system as well as Krivit and so on. But the drama drags on - kind of a cross between Seinfeld, a "show about nothing" and The Leftovers, which is a warped take on what it means to have faith. Rossigate is about warped faith, no doubt there.

The one thing Rossi does not want is to risk a jury which rules against him. He would not be a believable witness with his ego and temperament, and a good lawyer will tear him to shreds on the stand. He expected to settle in the beginning (probably getting bad legal advice) - but IH refused and now Rossi cannot walk away without looking bad ... but without Penon, a favorable jury verdict is probably not possible due to the problem of getting the report admitted at all, not to mention the dubious details.

Bottom line: additional reliable information on the science of Ni-H will probably not be forthcoming to the public this year and further delay is anticipated. Rossi may be content to leave everything in limbo and claim to be a victim of greedy investors. That may work to his benefit for the next round in another location.

A nebulous outcome would allow him to look for new backers in Europe or Russia. The suckers who invested $20 million in Steorn - a completely obvious scam, are still out there.

But if a jury rules against him, the party is over. Do not hold your breath for a June trial.



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