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.