Now that
we've come to the section on expert witnesses I will be drawing on aspects
discussed about misleading evidence so if you haven't already done so you may
wish to read through it to ensure that what follows makes sense to you.
Since the
term 'expert witness' suggests the need for more weight to be given to the
reports and testimonies they provide, with the greatest respect to them all in
fairness it is also necessary to highlight the difference between scientific
evidence and subjective evaluations. With the exception of some particular
fields, most experts findings involve varying degrees of science along with
subjective opinions which can be heavily influenced by non-scientific factors
and cause a significant difference in final outcome. The importance of
preserving the scene of an incident in its raw state cannot be over stated and
the same applies to any evidentiary articles which need to be analysed in any
way. Clearly if anything is moved or tampered with, it will hinder the experts
ability to successfully draw the correct conclusion which in many cases will
ultimately be similar to 'In my opinion the most likely......'.
In some
cases several experts with varying degrees of knowledge will be asked to survey
a scene or item and not all will come to agreement in conclusion. That being
the case, what real worth is expert testimony? Reports from experts in my
experience are in some ways akin to the law itself, for every expert that
concludes one thing, there is likely to be another that concludes the opposite,
highlighting how the scientific aspects can be very easily interpreted
differently depending on what non-scientific input is involved and the general
differences in a personal perspective of any given data.
For the
moment I will concentrate on handwriting analysis as it is the area I have
researched most extensively since being
released. In my own case there was a note written in crayon on what to me
appears to be a standard piece of plain A4 paper. Although this 'evidence' was
used by the prosecution against me I think since court I have managed to piece
together all the inconsistencies which proves beyond doubt that it could not
have been written by me, something I have never been in any doubt of simply
because I know 100% that I didn't write it. Great emphasis was put on this
piece of paper in the trial against me and it was clearly very divisive in
terms of which direction the investigation took and what directions were
eliminated at an early stage. So obviously I have a personal need to know who
wrote it and who if not the same person put it where it was since the result
clearly is perverting the course of justice, hence the reason I have
concentrated my research on finding out why a 'handwriting expert' can possibly
testify that I wrote something I know I didn't.
Perhaps I
should first state the many reasons why I could not have been the author of
such a ridiculous note. Firstly, the writing looks nothing like mine with
perhaps the exception of a letter 't', not a single person who has been shown
it that know my writing recognise it as being anything like mine including my
wife. Secondly the spelling and grammar were frankly absurd, Andy was spelt
with an i instead of a y, 'your' was written I think as 'you're' though the
writing was so poor it’s hard to be sure and there was an s that looked like a
2. Now while I may not have achieved grade A in my English higher, I did study
it; sit the exam and get a result, there are absolutely no circumstances whereby
I could write as terribly as that note was. Thirdly as was remarked by people
observing in court who saw both the evidence note and the samples I provided
willingly, the differences were as stark as night and day even to the lay
person. Those are some minor details which alone cast some considerable doubt
as to the 'probability' that I was its author. Now I will move on to the more
compelling facts which along with the above show beyond any doubt whatsoever
that the note in question physically could not have been written by me.
Analysis
showed that the note was written in crayon yet there were no
crayons in our house because my wife Kareen had thrown them out due to
the kids persisting in drawing on tables and walls when they ran out of paper.
She'd told them we would get more when they learned only to draw or write on
paper. This detail was known to the police.
Quantities
of paper were removed from the house to try and establish a link between the
paper available within to the paper on which the note was written on. Despite
checks from note to paper, paper to note searching for indents from one to
another along with various other tests, NO LINK other than that they 'were of
similar size' was found. In conclusion the note was written by someone with access
to blank a4 paper and a crayon.
The context
of the note had absolutely no relevance to anything that had happened or was
spoken about at any time prior to the fire.
Finally,
though quite significantly is the precise details of where and when the note
was found. During the neighbours efforts to gain access to the house and the
various attempts to see in the windows, and find something to break them with,
the vast majority of all the witnesses were either collectively or singly in
the very spot that the note was discovered yet not a single one of them noticed
it. Then some 10-15 minutes later after the fire brigade had arrived during the
course of their duties, one of them noticed it sitting plainly, prominently and
obviously in the very area the witnesses had previously been. Now, I'm no
police man but this information was available to them in the hours immediately
following the incident and I know what this shows as does everyone who is aware
of ALL the details. The note was
NOT there when the neighbours discovered the fire but APPEARED sometime before
or while the firemen were in attendance! ;Throughout this period I
was unconscious.
If it takes
me the rest of my life I will find out who wrote it and insist they be brought
to justice.
So bearing
all those points in mind, I will turn to the evidence provided by the
handwriting analysis and detail what my research has highlighted about it.
In terms of
attempts made to eliminate everyone else with regard to the note, not a single
other person present at the scene was asked to provide a sample. For any
investigation to be conclusive all other possibilities MUST be ruled out. At a
glance given that the report stated a 'high probability' that authors of the
note and the samples were from the same person, this seems a trivial point.
BUT, in accordance with my studies people from the same area, educated to a
similar level who have similar types of work and are subject to the same environmental
conditions will be likely to have broadly similar writing
styles. Due to this larger sample sizes are required to obtain any
degree of accuracy at all which is a point I will expand upon later.
Although the
report concluded that both pieces were written naturally and fluently (which
rules out forgery or attempts to disguise), it noted similarities but also differences. Given that the note and my provided samples
were naturally and fluently written, how would there be any differences at all?
In any
handwriting comparison analysis, particularly when samples are of limited size,
spelling is of considerable importance. Note the details above.
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In many
states of America, handwriting analysis is permitted ONLY to prove someone
could not be the author since the error rate involved in suggesting that
someone is the author can be in the region of 40% inaccurate hence is not
sufficiently certain to be considered proof. In other states it is permitted
ONLY in conjunction with other evidence regarding authorship such as a sole
witness having seen it being written to prevent the 'one person’s word against
another' scenario.
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To expand on
the sample size issue raised in point 1, I will refer to a case involving one
of Shakespeare's plays. There were some 150 lines of
revision and there was a dispute as to whether or not they were written by
Shakespeare himself or not. Following being analysed by several handwriting
experts, it was ultimately considered that the sample quantity was of
insufficient size to be conclusive and that to say they 'probably' had been
written by him was as definite as they could be. In my case, the note consisted
of a mere 12 words!
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Perhaps the
most conclusive assessment of handwriting analysist's reliability comes from
the case of the so called Hitler Diaries. Historians were keen to ensure that
the supposed diaries they had discovered were definitely of Hitler’s own hand.
Many handwriting analysist’s conducted tests on the documents and compared them
with known texts written by Hitler and concluded that "The
possibility of anyone other than Hitler being the author of these documents are
so remote as to be considered impossible." It was later discovered by
scientific methods that it was physically
impossible that the diaries could have been written by him. If it were
down to handwriting experts they would be part of history books, instead thanks
to science they are known to be nothing more than an elaborate fake.
In court
experts are presented in such a way as to persuade the jury that their testimony
is to all intents and purposes undisputable however I think in this particular
field I have sufficiently demonstrated the actual worth of such a report. With
all of the above in mind, I would appeal to anyone who has any information
regarding the note involved in my case to contact me with a view to bringing
the matter to a conclusion. And to everyone else, an expert’s opinion is purely
and simply an opinion, it is neither definite nor infallible. Link:
You needn't take my word on it, see what the independent Law Commission Said in
its report published on 7th April 2009 about the reliability of 'expert
witnesses'!