Many interesting files are getting disclosed in the court docket database.

Excellent work done, by the way, on the coldfusioncommunity.net blog. Abd Lomax actually took the time to compile the avalanche of court files, along with comments which document contains what kind of information. Brilliant!

Among the docket files, the Penon report has been disclosed finally  (file 197-03). The long awaited report is now available for the public. The report was made to examine the performance of Rossi´s e-cat in an alleged one year performance test at an alleged “customer” who turned out to be totally controlled by Rossi himself. The Penon report is a key document in Rossi´s attempt to collect 89 mio $ (in total 100 mio $) from his former business partners Industrial Heat / Cherokee.

From the report it is known that the alleged independent examiner Fabio Penon, who lives in Italy and has a prior association with Rossi, made only 4 short visits to the place where the testing took place, a warehouse in Doral, Florida.

ERV-plant-visits

Extract from Penon´s ERV report

Not really surprisingly, Fabio Penon (the “ERV”) concluded in his report that the E-Cat works as promised, specifically that the “energy multiple” was always higher than 6.

Penon wrote

Penon-summary

Summary of Penon´s E-CAT report

Penon´s report is now seriously discredited by the expert witness Rick A. Smith, principal of Applied Thermal Engineering, Inc. Mr. Smith was hired by Industrial heat to examine the Penon report (docket file 215-02). The expert witness came to the conclusion that “The E-Cat never produced the energy which was claimed for it”. This is exactly what skeptics expected all along. It seems Rossi faked the setup and the Penon report is bogus. According to Smith, “the data are suspect”, the “setup was not properly instrumented” and “the E-cat never produced the energy which was claimed”.

So, we may conclude that Penon is either incompetent or part of a criminal conspiracy with Rossi.

This is the summary of Mr Smith´s assessment:

RickASmith-expert-witness

Update: A more detailed follow-up report by the same expert witness is available in file 235-10. This includes some interesting photos and confirms the earlier findings that the Penon report is wrong. Mr Smith concluded in the summary “whole report is invalid”.