Introduction On June 23,the government filed a two-count indictment charging the defendant in Count I with Bank Fraud, in violation of 18 U. On July 29,the defendant was arraigned on the indictment and pled not guilty to both counts. In support of his motion in limine, the defendant has submitted a brief.
United States District Court, D. Attorney s appearing for the Case Thomas M. The defendants challenge the admissibility of the opinions of a forensic document examiner on whether certain writings and handprintings are theirs.
We have read Hidalgo Sr. We granted the defendants' motion for a Daubert hearing and heard testimony from William J. Flynn, a forensic document examiner, and Dr. Moshe Kam, a professor of electrical engineering, on behalf of the government's position. We also heard the testimony of Dr.
Saks, a professor of psychology and law, on behalf of the defendants. We first summarize the evidence and our findings. We then describe our understanding of the law on the issue in the post-Daubert, post-Kumho setting. We then reach our conclusions. Handwriting analysis is based upon the premise that each person's handwriting is unique.
This assumption is key because it is uniqueness that allows a handwriting analyst to establish authorship against all other writers in the world. To establish uniqueness, the government points to a recent study of Professor Sargur Srihari.
Sargur Srihari et al. Professor Srihari's research team scanned the handwriting samples of 1, individuals into a computer. The computer was then programmed to analyze and compare the samples based on a variety of features such as slant, height, the number of interior contours, and the number of vertical slope components.
The government argues that this study inferentially proves that handwriting is unique because otherwise the computer would not have been able to differentiate among the exemplars. Yet the Srihari study fails to establish uniqueness. At most, we can reasonably infer that among 1, writers, very few write in a similar way.
Wanscher, The Hereditary Background of Handwriting: Each of the four studies in evidence was based on an evaluation of the handwriting of identical twins. In only two of these was the evaluator blind as to whether the exemplars were those of an identical twin.
The two blind studies were designed to determine whether handwriting has a genetic basis, not whether the handwriting of identical twins is distinguishable. Because of this, the studies adopted classification schemes that are too imprecise for our purposes. One study classified the writing of thirteen out of twenty-nine identical twins as "identical or very similar.
The other grouped many twins as writing "alike.Handwriting analysis is based upon the premise that each person's handwriting is unique.
(See Flynn Aff. at ). This assumption is key because it is uniqueness that allows a handwriting analyst to establish authorship against all other writers in the world. Studies by Professor Sargur Srihara, Dr.
Moshe Kam, and Jodi Sita on the individuality of handwriting using handwriting of individuals concluded that, using computer software, handwriting individuality can be validated with a very high degree of confidence.
Electronic Signature Forensics Table of Contents 1 Moshe Kam, Gabriel Fielding and Robert Conn, "Writer Identification by Professional Document Examiners," valuable information for handwriting analysis. The Topaz system records the original electronic signature.
Multiform Korean handwriting authentication by forensic document examiners. Author links open while Moshe Kam's group performed a study on the signature examination This is the first analysis of the Korean handwriting identification conducted by experts with valuable research on the effect that exchange of opinions among handwriting.
Moshe Kam et al., Writer Identification by Professional Document Examiners, 42 J.
Forensic Sci. () (Kam II). FN In response to criticism of Kam II, a third study was conducted based on varying the rates of compensation for participating laymen.
Aug 20, · Measurement Science and Standards in Forensic Handwriting Analysis Conference 8 of