It was very clear from my reading, that the author of 303 understood, that Wong's opinion being based on a Rossisays, makes 3 and 4 opinion borderline excludable. He concludes though by playing it safe, and deciding that a jury is best suited to judge whether Rossi is being truthful.
Excellent analysis.
But just for clarification I'm pretty sure 'he' (the author of 303) is 'she', as in Judge Altonaga, or if it's not written by her, then it's 'he or she'.