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.