The Case Against DNA
If they can't provide something which refutes the prosecution's case, then they have failed to instill doubt, and the cell phone isn't close to what is needed for that.
The defense doesn't have to "provide" anything, and certainly doesn't have to "refute" anything, as the definition of refute [merriam-webster.com] is:
1: to prove wrong by argument or evidence : show to be false or erroneous
The very act of refutation is "proving wrong." You cannot refute unless you prove, and there is no, repeat no burden of proof on the defense. The defense does not have to prove the prosecution wrong, or show that any of their evidence or facts are incorrect. The defense can cede every fact and piece of evidence the prosecution can provide but simply raise enough doubt that this evidence is sufficient to reasonably prove their case. The defense can be successful simply telling another tale with the same evidence.
For instance, the police arrive on the scene to find bigstrat2003 and zzsmirkzz locked in room with a dead prostitute. A knife is buried in the back of the prostitute's neck. Both people are wearing gloves, neither has blood spatter on them, and neither of them are talking. The prosecution claims "bigstrat2003 did it! He was in the room, he had the opportunity, and bigstrat2003 bought the knife earlier that day!" You don't have to prove you weren't in the room. Don't have to prove you didn't buy the knife. You can cede you had the opportunity. You don't have to even say "I didn't do it." All the defense has to say is, "Isn't it possible bigstrat2003 gave the knife to zzsmirkzz, and zzsmirkzz killed him?" Done, reasonable doubt established, and bigstrat2003 walks. No "refutation" required.
Does that make sense now? You don't have to prove or refute anything to establish "reasonable doubt." Just tell another story with the same facts that could be "reasonably" true. However, the more evidence the prosecution has, and the stronger that evidence is, the harder it becomes to tell another story that fits the facts and is still reasonable. If 30 million people watched you murder someone on live TV while it was recorded from 15 different camera angles, and police apprehended you immediately, you could cede all those facts and claim it was not, in fact you, but a doppleganger from an alternate dimension who switched places back with you immediately after committing the crime, but that would hardly be "reasonable."
Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/PDdCPFVuw3E/the-case-against-dna
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