courts allow
handwriting identification testimony to be given."
"That is damn different than statistical tests of accuracy. Tell me
this. Courts allow juries to give verdicts of guilty or not guilty, is
that correct?"
"Yes."
"That doesn't mean that they are always correct in their assessment,
that just means that the court accepts it, right?"
"Yes."
"You are aware that the courts accept and allow testimony from any
number of so-called experts in many different fields such as doctors,
psychologists, engineers and natural scientist, just to name a few?
"Yes."
"This does not necessarily mean that all of these are one hundred
percent correct in their testimony. It just means that the court
accepts and allows it. Is that correct?"
"Yes."
"Sources of error can exist in handwriting analysis, can they not?
There are a lot of judgment calls just like there is in most
professions, isn't that correct?"
"Yes."
"So we really have no evidence that handwriting analysis is infallible.
In fact, there are document examiners that are honest enough not to
claim that."
"Well, they must be graphologists. We are on a different basis and it
cannot be carried over to what we are doing."
Trenchant then named a well known document examiner and asked if Avery
knew of him.
"Of course."
"Is he a graphologist?"
"No."
"We talked to him about this situation and asked him questions.
Unfortunately, it was much too expensive to bring him here to testify,
however, he did agree to make an affidavit. I will read from it now.
Quote. 'It is my opinion that the identification of handwriting is not
as positive as fingerprint identification. While a document examiner
may feel that his or her opinion is 100 percent positive, the facts are
that the opinion is based on qualifications, training, experience and
judgment, any of which may be limiting or otherwise subject to
question. In addition, the known standards used in the comparison for
the Belmont case may be tainted or under dispute.'"
"I don't agree." The document examiner said, visibly upset.
Henry called a recess.
When the session opened again, Diana asked, "If you had your druthers,
would you agree with other document examiners that original standards
are preferable to copies?"
"Yes."
"You have said that you could not reach a conclusion from the first lot
of so-called standards sent to you. If you had not been sent all that
additional materi
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