I also don't understand why Rossi doesn't have Penon on his witness list - seems seminal to his case but maybe I'm missing something.
Dewey,
Who knows...maybe legal jeopardy, or something? Considering Penon refused to "accept service" (10/14/16 transcript) in Italy, and only showed up for his depo in the Dominican Republic after an appeal from Rossi, it should not come as a surprise that Penon is wary.
Wary of what though? If his report is solid, and honest, he should be proud to show up in Miami and defend it you would think. Maybe he is afraid they will expect him to show up with all that equipment he boxed up, and took with him to Italy, presumably to be checked for accuracy? Or perhaps, be asked under oath where all those emails between he/Rossi/Fabiani went? Or afraid he will be asked to explain where the underlying raw data he used in his daily "summaries" is?
Whatever his reasons, I would suspect his no-showing will not be missed by the jury. How strange that the central character in this trial (Penon), THE ERV, upon who's report the case hinges upon, refuses to take the stand, or even to step on US soil...hmmm. Sounds real bad.
BTW, looks too as if none of the Lugano team will show...correct? They are not listed so I presume not.