a.ashfield <[email protected]> asked me a reasonable question:
> Rossi stated that he wanted to release the report but had not on his > attorney;s advice. How dO you know better? > Rossi was more specific in a message he sent to Mats Lewan today. He "his lawyer won’t let him" publish the Penon report, because if he publishes it, the report "would not be valid as evidence" in court. This is nonsense, for the following reasons: 1. There is no rule that only unpublished documents can be used as evidence in a trial. Published documents and newspaper articles are often used. 2. All the documents submitted as evidence in the lawsuit are now published. Anyone can get copies of them. So obviously, there is no rule that documents in lawsuits must be kept secret! 3. This document is central to the lawsuit. It should have been included among the documents submitted. Someone in Lewan's blog discussion wrote: > *That is why Rossi said he can only release it after he gets permission > from his lawyer – which, in practice, means after it becomes a required > filing as part of the court proceeding – and that probably doesn’t happen > until the court requests to see it.* > This is incorrect. You can include any documents you like in a lawsuit. You do not wait until the court requests a document -- you include it from the start. This is a key document in the dispute. There is no reason to leave it out. Many documents of lesser importance were included. I am confident that the only reason Rossi has not published the Penon report is because it makes him look foolish. It destroys his credibility. I hope that someday the report is published. - Jed
