Posts by Shane D.

Quote from IH Fanboy

Less concerned about Rossi's expert than IH using LENR know-nothings (and possibly LENR-hostiles) as their experts.

I bet our experts, can beat up your expert.

Agree. I generally do not like classical, but that was very good. Thanks Bocijn!

Well they are "there and setting up". I figured I would keep my skeptic hat on until me356 physically let them into his house, and now it sounds like he did. Good to see me356 was good to his word from 1 year ago! Now let us see if he has something.

Quote from Alan Fletcher

Losing Wong for the COP is very minor ... as the judge pointed out in 303-0 it's a simple division output/input.

Wong's expert testimony on the heat exchanger is in.

Alan,

How would you like to be in Wong's shoes having to defend the HE?

As said...off to trial we go! I would venture to guess that had we known when Rossi first filed suit, that JMP was a ruse...there was no customer, no product, no need for steam, that Rossi dismantled enough of the set-up to make it guess work at best as to whether it worked, that Rossi/Penon/Fabiani all destroyed and/or deleted vital data, Fabiani would flee to Russia, while Penon would play hard to get...only agreeing to deposition after a plea from Rossi, and then only in a neutral country (DR), that most here -even the Rossi fans, would opine that this case would never make it to a jury.

But it is, and that is kind of spooky when you think about it. If it could happen to savvy investors like IH, than anyone could be lured into such a trap by someone like Rossi, finding themselves caught between the devils choice of a jury trial (gulp), or settlement. No doubt, IH's experience will not be lost on others who dare venture into similar ventures. Maybe for the good, as there never should be a substitute for a real, honest to goodness, DD. Had IH stood their ground on "getting one of the big boys" in for the VT, they would not be where they are now. They backed down though, then gave Rossi a lot of rope for the next 3 years so as "not to piss him off", and Rossi took that rope and wrapped it around their neck.

So what will IH's court strategy be? I think it will be layered, and as Sig points out, start with the contractual arguments that this was not a GPT. Not signed, 6 syclinder etc. The deceit surrounding JMP alone is rich and deep, so will no doubt be hammered on. Even the Rossi supporters seem aghast at that, and if they are, a jury will react even stronger.

Then, in no particular order, go on to spoliation, as it will elicit a strong response against Rossi...especially if the judge "granted in part" the portion of 264 where the jury is instructed: "that spoliation of evidence raises a presumption against spoliator". The heat exchanger issue will be about spoliation, and perhaps provide the key to destroying Rossi's case, if the jury is convinced it did not exist, or if it did, could not have worked. Destroy the HE upstairs, and even his own expert Wong will admit that there could not be 1MW. Case over.

Perhaps the biggest challenge for IH, is how they approach the performance of the 1MW. Will they claim it did not work, impossible to know because Rossi/Penon/Fabiani destroyed the data, set-up, and Penon took his instruments to who knows where, or make their case that both are possible? That may confuse the jury though. Risky if you ask me, so I would stick to the spoliation.

Whatever the outcome though, this case will not show the "plant" produced 1MW. Why?...because it did not. That simple. That will leave us to speculate for the coming years (oh boy), as to whether Rossi has, or had a little something no one else has. But under no circumstances will I ever speculate on that damn QX!

IL,

If you invented the Ecat, and it worked as Rossi describes, would you sell the IP for only $10 mil? And would you chose a business partner with no experience in the energy field, opting instead to partner with a real estate VC?

Now put another way: If you created the Ecat, and know it does not work...is $10 mil now a good price for the IP, and a naive VC firm the best partner?

With it being known now that Fabiani (Ecat control box expert) is working with the Swedes, along with Deweys revealing today the "tricked out control box" in NC, and combining the two into Alan's rumor that the Swedes are now having some "positive results" replicating Lugano...

Hopefully it was not FF's magic box that brought them success?

Quote from Dewey Weaver

Alan - The entire rig was a trick by Rossi and Fulvio. We insisted that they isolate the reactors for individual measurement and that is how we caught them. The reality is that all of the cars on Planet Rossi get 3mpg while the sales sticker claims 27mpg. TD out-tricked the tricksters. In a separate previous incident that I witnessed, R was showing 450C or so for a reactor test on his control box when a temp gun showed something like 275C. I was close enough to sense the heat, had my doubts and put a temp gun on the device out of curiosity. R saw me do this, flipped a couple of switches and claimed possible runaway then emptied the room. He then told T Barker to "keep those lawyers out of here" which I, as a polite civilian and not a lawyer, was happy to oblige.

Dewey,

That is interesting. That all would have taken place in the fall of 2013. After catching Rossi/FF with their hands in the cookie jar so to speak, Rossi called his old friends (the professors) for a helping hand, and the profs obliged with Lugano...which took place during March 2014. IH built the reactor for that test and shipped it to Lugano. You (IH) even improved on the earlier Hotcat from Ferrara, according to the report.

I am curious; did you guys take steps after seeing the Rossi/FF "tricks" in NC, to make sure they could not do the same thing in Switzerland? TD informed us in his depo that Rossi/FF were there most, if not the whole 32 days, so I would think that after NC, he would have been very suspicious with those two characters being so heavily involved? Yet, in reading the depos's, all of IH appeared to be impressed by the Lugano results...or were they? I would even go so far as to say that were it not for Lugano, TD never would have signed the Term Sheet allowing Doral.

Quote from sigmoidal

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'.

Understand Sig. I went by the assumption that judges are too busy to research and write up these complex decisions? Could be wrong, but I thought they had clerks, interns, law students etc who do the heavy lifting, and they review, and sign off on.

Anyways; whomever -whatever sex they may be, that wrote 303...good job!

303 is well written, and researched. It addresses each sides attempts to disallow, or limit the other's expert testimony. Both Smith and Murray passed muster, but Wong not so much. Here are Wong's 4 opinions the court considered:

(1) the coefficient of performance is a suitable criterion to gauge the

E-Cat’s performance;

(2) there are logical explanations for the inverse relationship between the

power input into a device and its coefficient of performance;

(3) it was possible for one

megawatt of heat energy to be expelled without rendering the Doral facility an unsafe working

environment; and

(4) it was possible to expel one megawatt of heat energy from the Doral

facility consistent with the Penon Report.

The court determined that Wong will not be allowed to testify on 1 and 2...which pretty much knocks out the Penon report. He is allowed however, to testify on 3&4...both concerning the upstairs heat exchanger. What a lucky guy! I bet he is wondering how the hell his reputation became hostage to a Rossisays. Would not want to be in his shoes.

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.

Rossi will be hammered on the stand about this. His story sounds just like...well, a story. No pics, no documentation, fathom day laborers, no one else noticed, windows intact, etc....hard to find 6 jurors who could believe him on this. His foreign accent, little guy (David) appearance, IH's big guy (Goliath) look, and Rossi's bringing his spittoon to the stand (he can not swallow), won't save him from the insincerity of his testimony.

Take out the HE, and the case is all but over. As 303 notes, even Wong admits that without it (HE), there was no 1MW.

With all this talk about the Optris camera again, a few weeks back I recall seeing that Optris is supporting MFMP. It was at the bottom of some document. Did a shallow search, but could not find it. Anyone remember seeing that?

Quote from Rionrlty

Which is exactly the argument I used in an earlier post in defense of Rossi's actions. Both government and big business seem to adhere to a different set of ethics than most individuals are held to. I believe that everything that Rossi did, good or bad, was simply trying emulate and play the so-called game by the same rules as IH held itself to. Only as an individual he gets tagged as scammer, fraud, liar, schemer and charlatan, while IH acting through its myriad shell companies is just behaving normally, as any good business would.

Rion,

You are taking this much further than what I said. To be clear; I said government is inherently corrupt. Businesses like Cherokee...so as to survive, have held their noses and adjusted to deal with that. I never mentioned Rossi, nor was I even thinking of him when I said that, but since you weave him into the narrative...he (Rossi) takes corruption to a level even the govt. would be envious of.

Unfortunately for him, govt. can get away with it, but he can not...hopefully.

Rossi presented his witness list to the court, and the Lugano profs are labeled as a "might present"... or something like that, on his behalf. If any of the Swedes (Levi...no way) do actually travel to Miami and take the stand (testify) in defense of Rossi -which I doubt, it would be a sad reflection on their professionalism, that they are more willing to face a jury of laypeople to defend their findings in a court of law, rather than a jury of their scientific peers in the court of scientific opinion.

IHFB,

I do not hold it against the businesses themselves. Few can survive without dealing with govt. That is where most of the money is. Not their fault they have to get their hands dirty. It is the corrupt bureaucrats, politicians, and public unions that leave them no choice, that are to blame.

If it makes you feel better about them...most hold their noses when having to do what they have to do.

Quote from ele

Nice material . I think that a full read of the proposed links will be quite interesting.

I read all that when when it came out. Only thing interesting about it was the corruption of the politicians involved. Well, acvtually even that was not all that interesting, as govt. corruption is the norm, rather than the exception.

Any business that wants to do business with government, soon finds out...and trust me on this, that if you are not willing to "pay to play", do not waste your time. The corruption is seldom a direct cash payment nowadays, and usually involves a ,more indirect route. A good example being...donate to my charity, "sponsor" free dinners and drinks at our annual government get together in Miami, etc.

Cherokee did what they had to do.

Most forget that the QuarkX was first unveiled in July 2015 (22 months ago), at almost the exact same time Rossi refused Murray entrance to the 1MW in Doral. Odd timing no doubt, and could easily be seen as Rossi's attempt to divert IH away from their growing suspicions about Doral.

He first called it the "new Hotcat", then changed it to Mme. Curie, and finally settled on QX. The R/D for it was supposedly done "in the control room"...which was the air conditioned module next to the Doral 1MW plant.

Surprised Fabiani was not questioned about the QX in his depo, as the control room was his hang-out. Especially so after his interview with Lewan in the fall of 2015, where he claimed seeing incredible things.

Anyways, early claims of QX performance were fantastical -electricity, light, and heat, all at once! Nowadays, not so much...just heat. This past Feb, Rossi had promised a demo, then backed out in Jan. , claiming pressures from the law suit, and re-set (started over) his march to whatever his definition of Sigma 5 is.

As Bob points out; here we are almost 2 years later, with absolutely no proof the thing works, talking about it, and not the Ecat. Another win for Rossi.

Dewey,

Does "Pizzata"=FF? If not, another hint please.

Quote from Rionrlty

As an obviously intelligent person you must be aware of the problems with proving a negative.

Rion,

I am not that "intelligent person" to who you refer, but no argument from anyone here that: "proving a negative" is a big problem for IH. Rossi knows that very well, and he has positioned his defense with that in mind.

Quote from IH Fanboy

What is so wrong about leaving some wiggle room? Seems like the most common unsolicited advice I get from the IH camp is to hedge more. I think I hedge my words nearly all the time.

In any case, there is an email, and it looks to me like an order was placed, and it is on the list of evidence to be presented at trial, so not sure why you are nitpicking this one.

Oh, so you are angry! About Pt Sponges nonetheless. LOLs..what a poor choice of battle.

Tell you what IHFB, go re-read first... the Bass deposition, then Johnson's (JMP), and lastly Rossi's 1 of 3 depos's, but the one where he has his "Director of JMP's" hat on. Then prove your case that there were any Pt sponges involved. You are wasting your time if you ask me, but go ahead and knock yourself out.

Oh, and I am no engineer as I have confessed to many times, but can you tell me how much Pt Sponge would be required to absorb 1MW thermal, 24/7, for 365 days? And could that amount fit into those measly few "serpentine pipes" within the misnomer "black box" on the JMP side"?

Quote from IH Fanboy

Take for example, Darden's claim that he knew it didn't work in January of 2014 because the dummy reactor allegedly gave the same performance as a fueled reactor, but then would go on to raise tens of millions of outside investment based on Rossi's technology. Darden isn't playing straight. Something is amiss.

Good point. Obviously Rossi feels, along with his remaining 7 supporters, that this is significant in some way, as he has said that repeatedly in his filings to the court, and on JONP. I have never really understood how that will help him win $89 million...do you?

It is a curiosity no doubt, but I only see it as a distraction at this point, that we can set aside to discuss after Rossi is in jail, Unless, of course, the investors themselves file suit against IH tomorrow, or file a friend of the court appeal on Rossi;s behalf. Not going to happen I suspect.