Document examination expert witness Ronald N. Morris is a certified forensic document examiner and in this excerpt from Submitting a Handwriting Case for Examination, he writes on how to organize a case for submission.
Step 1-Separate the questioned and known documents.
Step 2-Write the word “questioned” on an envelope and place the questioned document inside this envelope.
In Security Experts: Litigation and Beyond, security expert witness Robert A. Gardner, CPP, writes:
Regardless of the focus of your practice, there may be a place for a qualified security expert in your legal tool kit. Consider making these suggestions to your client:
• Have a qualified security expert conduct periodic surveys of your client’s property, their management practices and their policies and procedures. This will identify security weaknesses before they create a problem. Include both business and residential locations.
Despite recent controversy over the use of Tasers, the San Diego County Sheriff’s Department says the electroshock weapons have defused hundreds of possibly lethal confrontations and kept deputies and the public safer since deputies began using them in late 2005. Law enforcement officials say the stress exerted by a subject as they are resisting arrest contributes more to such a death than a Taser would. From NorthCountyTimes.com:
The blast from a Taser immobilizes a person within seconds, causing the muscles to contract uncontrollably. Medical and law enforcement studies show, however, that Tasers cause no long-term damage. At least one area medical expert said Tasers rarely, if ever, cause a person’s death. “I have not seen anything that would make me think that a Taser actually killed somebody,” said Gary Vilke, a professor of clinical medicine and emergency physician at UC San Diego Medical Center.
In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene, CEO of Evidence Solutions, Inc., writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.
An example of computer message in a court case dates back to the infamous trial of some of the Los Angeles Police being tried in the 1991 beating of Rodney King. One of the officers created a computer message stating, “…….I haven’t beaten anyone that bad in a long time.” This obviously became admissible in court.
A more recent example, is one in which we as a company were hired in a libel case. The libeler was using the internet to post messages on a public bulletin board that were both slanderous and libelous against a competitor in the same field. This person felt that by using “anonymous” e-mails and postings, this would increase their own standing within the same professional community. What the libeler didn’t count on was the traceability of the e-mails to their home, cell phone and company computer systems. We were able to locate the electronic trail, and with this information obtain, on behalf of the client, a court order to confiscate the equipment in order to create image copies of the electronic systems. As a result, in order to keep the issue private, the libeler agreed to a significant out of court settlement.
Joseph E. Bonadiman, PhD, PE, writes on Experience versus education in forensic engineering:
Much like the argument for nature versus nurture in determining the outcome of an individual’s personality, experience versus education in forensic engineering is a subject of contention when it comes to choosing an expert witness. This article defines education as academic education from study and schooling where bachelor’s, master’s, and doctorate degrees are earned. Experience is defined as education derived from persistence in an occupation that has resulted in the accumulation of wisdom gained from observation and insight.
So, what is more important, experience or education, when choosing an expert witness? When considering a bridge failure, for instance, is it more beneficial to know the modulus of elasticity of steel and vector dynamics or why a similar bridge failed 10 years ago under similar conditions? Who is informed? Who would go in the right direction in an investigation? Who would provide the most appropriate testimony for the client?
In Continental Valuations News, real estate valuation expert witness Robert D. Domini, MBA, MAI, writes:
Inventories are beginning to come down in markets like, say, Fort Myers, Florida. You all remember the good old days when a 250-lot subdivision “sold out” in one day? At the peak, properties were appreciating at 5% per month. Buyers had to offer list price on the day it was listed, or lose the deal. The successful bidder stood to make around $50,000 in a few months, on paper of course. Those were the good old days. Then we entered the hold-em phase which lasted about a year. Finally, those desperate to sell began dropping their prices. If you make the trip down there in up-coming off season to look for your retirement dream home, ignore the asking prices. Most sellers are still holding out for the big bucks. Make an offer where you feel comfortable, and someone probably will take it. The foreclosed, REO properties are another story. Those prices are already low.
In Security Experts: Litigation and Beyond, security expert witness Robert A. Gardner, CPP, writes:
Q. How can a security expert help me? I don’t handle security related litigation.
A. It’s true that security experts are most often retained for litigation. Expert opinions on issues of crime foreseeability, security adequacy, and security standards and practices can make or break a case. As such both plaintiff and defense attorneys are constantly in search of qualified security experts. But while the attorney who prevails for a client in litigation may be appreciated, the attorney that can keep a client out of litigation is a true hero.
Document examination expert witness Ronald N. Morris is a certified forensic document examiner and in this excerpt from Submitting a Handwriting Case for Examination, he writes on working with copies:
Another reason why photocopies are problematic is the ability of a person to create or fabricate a completely fictitious document using photocopy technology. The purpose of fabricated documents is to offer them as proof of a position in a dispute, to justify a position, or taking some action. Increasingly, the authenticity of photocopied documents is being questioned because of the ease with which fictitious documents can be created to make it appear that the original document contained certain text or even a signature.
Assuming that the copy accurately records all of the features found on the original it purports to represent is hazardous at best. The only way to substantiate that a copy is an accurate reproduction of the document it purports to represent is by comparing the copy with the original. Authentication of an original based only on the examination of a purported copy of that document is not possible. Any opinion based on the examination of a copy applies only to the examined copy and cannot be extrapolated to the original the copy purports to represent.
A. David Tammelleo, JD, a nationally recognized authority on health care law, writes in Caveat To Physicians Having Lasers In Their Offices:
Recently, the development and refinement of the laser has opened a panorama of areas in which laser treatments can be used. However, whenever lasers are used they should only be used by persons skilled in their use and cognizant of harm that can be done if not used properly. As more and more people seek laser treatment for hair removal and other purposes, more and more people are suffering bums, scarring and disfigurement. Ideally, lasers should be used only by those skilled in their use who are cognizant of the damage that lasers can do if they are not used properly. Ideally, they should be used only under the supervision of physicians. Unfortunately, that is not always the case….
In Texas, Emma Alvarez sued Dean Joshua Blount, R.N., and Dr. Tesoro for negligence, claiming that Blount improperly used the MeDioStar HC laser. Dr. Tesoro moved to dismiss Alvarez’s suit on the basis that Alvarez had failed to file a medical expert report and that her claim was subject to the requirements of the civil practice and remedies code.
In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.
Either having an employee delete a potentially damaging or inflammatory e-mail or even an employee deleting an e-mail on their own, does not protect anyone. In fact, it could in the end harm everyone involved.
If a complaint or inappropriate conduct of an employee has risen to the level where you as an owner/supervisor, need to consult a Computer and Technology Forensics expert, one of the first areas checked is for deleted documents and/or e-mails. These items cause red flags during an examination of equipment, and the original items can and most likely will be found and/or reconstructed. It is very important to understand that the intentional destruction of evidence is a felony, and if proven, could land one in jail.
