Court Opinions

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James P. Gierczyk VS Paul D. Oselka

A lawsuit involving allegations of forgery and whether a party had signed a release.

Erich Speckin testified to the handwriting analysis in deposition, Daubert hearing, and at the trial in the case.  The Judge agreed with the findings of Mr. Speckin and ruled in favor of our client.

Link to text version of Opinion and Judgment – James P. Gierczk VS Paul D. Oselka

Exxon Mobil Corporation VS Polar Equipment, Inc.

Erich Speckin was retained to test a day planner in litigation. The testing included ESDA, sequence of lines, and ink dating using GC/ms for the detection of 2-PE.

The testing. The writer ended up confessing to the majority of the alterations on the witness stand, but Erich Speckin testified to additional alterations and a page removal that was not acknowledged in trial in Anchorage, Alaska.  The Judge agreed with the findings and opinions on the dating and alterations to the documents and found in favor of our client, Exxon.

Link to pdf version of official copy FACTS AND CONCLUSIONS OF LAW

JJK Industries VS KPLUS Inc. et al.

The ink dating of a document was at issue in the patent case in Texas. The ink dating tests showed the documents to be genuine.  After a deposition, the Judge ruled the testimony by Erich Speckin and results we admissible.  The case settled before a trial testimony was required.

Unsuccessful opposing expert: Dr. Valery Aginsky

Link to the text version of Court Document –  JJK Industries VS KPLUS Inc. et al.

Link to pdf version of Court Document – Order Denying Defendants’ Motion to Exclude the Testimony of Plaintiff’s Expert Erich J. Speckin

Link to pdf version of Supporting Court Documents

Aaron Benay, et al. v. Warner Bros. Entertainment, Inc., et al.

Erick Speckin, Dr. Julie Howenstine, and Michael Sinke were retained in a case over the movie rights to “The Last Samurai”. The matter in involved the determining the source of anonymous letters that were sent during the litigation. Through the document examination it was determined that the documents were cut and paste fabrications. The DNA evidence from the envelopes showed further evidence of the sender. Fingerprints were also processed from the envelopes and letters. After submission of the forensic reports the client was awarded summary judgment in their favor.

Link to text version – Civil Minutes

Link to Court Document – 2012-02-14 Order on MSJ and Sanctions

Local Union NO. 300 VS Kraft Foods Global Inc.

Speckin Forensics was retained to perform a handwriting examination on a contract to determine if the signature examination disclosed that the signature was genuine and not a forgery. The results were presented at the union hearing.

Link to text version – Arbitration: Chicago Bakery Same Day Seniority Arbitration Award

Link to pdf version – Arbitration: Chicago Bakery Same Day Seniority Arbitration Award

LAURO REZENDE VS CITIGROUP GLOBAL MARKETS, INC.

Erich Speckin and Robert Kullman were retained to examine several documents for handwriting and to detect alterations to documents. Ink dating was also performed on the documents to determine the age of the ink using accelerated aging and rate and percent extraction methods.  The Federal Judge in New York ruled the methods were scientifically reliable and allowed the evidence to be presented to the jury.

Unsuccessful opposing expert: Dr. Valery Aginsky

Link to text version – Judge’s Opinion

Link to pdf version – Judge’s Opinion 

Please contact us if you are interested in the entire transcript or the preparation bundle and outline created by Speckin Forensic Laboratories to assist Attorney’s in this type of hearing.

Stephen Slessinger vs. The Walt Disney Corp. (Winnie The Pooh)

Superior Court in Los Angeles County California grants terminating sanctions for, in part, altering documents submitted to the court. Testimony of Erich Speckin was presented involving Photocopy Manipulation, Alteration, and Page Substitution which was relied on, agreed with, and used as a basis by the Judge.
Relevant Pages 14-18

Client: O’ Melveny Meyers, Daniel Petrocelli, Justin Goldstein and Walt Disney Company – Los Angeles, CA
Opposing Unsuccessful Experts: Too many to list but including A. Frank Hicks

Trial Court Terminating Order

Stephen Slessinger vs. The Walt Disney Corp. (Winnie The Pooh Appeal)

The California State Court of Appeals Second District affirms terminating sanctions ruling by Superior Court for “Altering Documents with the intent to mislead.” (2007)

Relevant Pages 22-23 & 44-46

Client: O’ Melveny Meyers, Daniel Petrocelli, Justin Goldstein and Walt Disney Company – Los Angeles, CA
Opposing Unsuccessful Experts: Too many to list but including A. Frank Hicks

Court Of Appeals 54 Page Opinion

Aptix Vs. Quick Turn

Federal Court in San Fransisco, California accepts Ink Identification, Infra-red, Sequence of Lines, ESDA, and ESDA sequencing examinations in ruling. The Judge granted terminating sanctions for altering and fabricating documents. (2000)

Relevant pages 21-27

Client: Jeff Miller – Lyon & Lyon (Now Orrick) – San Jose, California
Opposing Unsuccessful Expert: Dr. Albert Lyter III

47 Page Opinion of San Fransisco Federal Judge Alsup

Aptix Vs. Quick Turn

Federal Circuit Appeals Court upholds Federal District Court ruling including Alteration & Evidence Fabrication claims. The court also affirms fees and costs associated with uncovering fraud. (2001)

Client: Jeff Miller – Lyon & Lyon (Now Orrick) – San Jose, California
Opposing Unsuccessful Expert: Dr. Albert Lyter III

Federal Circuit Court Of Appeals Opinion

Criminal Sentence

Nartron vs. General Motors

State of Michigan Court of Appeals decision in 2005 affirming Circuit Court opinion admitting Ink Dating, Dye Ratios, and Accelerated Aging Results. The court also ordered the payment of expert and legal fees associated with uncovering the fraud.

Client: General Motors & Daniel LaCombe (Barris Sott) – Detroit, Michigan

Opposing Unsuccessful Expert: Albert H. Lyter

Appeals Order in Nartron Vs General Motors

Nartron vs. General Motors

State Of Michigan Circuit Court opinion from 2001 admiting Ink Dating, Accelerated Aging, Dye Ratio, and Reverse Extraction results. The court granted summary judgement on the case.

See Page 3

Client: General Motors & Daniel LaCombe (Barris Sott) – Detroit, Michigan
Opposing Unsuccessful Expert: Albert H. Lyter

Court Order in Nartron Vs General Motors

Nord Services vs. Jacob Palter Et. Al.

Trial in Federal Court in the Eastern District of Texas. Testimony of Erich Speckin was admitted and relied on regarding Ink Dating, Photocopy Transfer of Signatures, and Forged Documents. (2008)

Client: Gordon Arnold, Arnold Knoblock – Houston, Texas
Opposing Unsuccessful Expert: None At Trial

Link to text version of Opinion and Judgement – Nord Services vs. Jacob Palter Et. Al.

Link to PDF version of Opinion and Judgement – Nord Services vs. Jacob Palter Et. Al.

Irish Carbonic Company vs. Archer – Daniels – Midland Company Et. Al.

Ink Dating, ESDA testing and sequencing of impressions show that a diary was not written on it’s purported dates. A Federal Court in New York finds “These methods reliable under daubert” and “competent evidence” citing two past cases by Speckin Forensic Laboratories as authoritative. (2000)
Relevant pages 16-17

Client: Phillips Lytle, Kevin Hogan – Buffalo, New York
Opposing Unsuccessful Expert: None At Trial

Court Order by New York Federal Judge

In The Matter Of Jose G. Hiquera

First Frye & MRE 702 Challenge of Ink Dating From 1997 – Testimony on Ink Comparison, Ink Dating, ESDA, and Handwriting was admited and presented resulting in a suspension of a physicians license.

Client: Attorney General’s Office, State Of Michigan

Portion of Testimony of Erich Speckin and Opinion of Judge

State Of Michigan Vs. Jose Hiquera M.D.

Frye & MRE 702 Challenge in a criminal case from 1997 Testimony on ink comparrison, ink dating, ESDA, was admitted and presented at preliminary exam resulting in a guilty plea.

Client: Attorney General’s Office – State Of Michigan
Opposing Unsuccessful Experts: Too Many To List but includes Brian Lindblom and Dr. Valery Aginsky

Preliminary Examination and Opinion of District Court Judge

Nikken vs. Soka

Trial Court in Tokyo Japan accepts evidence from Erich Speckin involving sequence of writing and ink lines with convexities. This evidence was used to show that the high priest added an entry to his diary. (2001)
Revelant page 29
Client: Soka Gakkai – Tokyo, Japan and Barry Langberg – Los Angeles, CA
Opposing Unsuccessful Expert: Yutaka Okuda
Niken Vs Soka Opinion Of Court In Tokyo

Multiut vs. Draiman Et. Al.

Unsuccessful Daubert Challenge in Illinois Court to accelerated aging, Ink Dating, and statistical analysis with well spelled out reasoning by judge. Testimony was presented and accepted.

Client: Altheimer & Gray, Brian Ellis – Chicago, Illinois
Opposing Unsuccessful Experts: Robert Kuranz, Dr. Albert Lyter III and Dr. Valery Aginsky
Transcript of a Portion of Judge’s Opinion Accepting Methods with his Reasoning

Chay Calloway vs. Rudy Richter

Daubert challenge in Federal Court to Ink Dating and Accelerated Aging Evidence was admitted and formed a partial basis for summary judgment.
See Relevant Page
Client: Attorney General’s Office – State Of New York
Summary Judgement and Opinion of Federal Judge

Chay Calloway vs. Rudy Richter

Daubert & Kumho Tire challenge in Federal Court Trial to Ink Dating and Accelerated aging. Testimony was allowed and presented resulting in a defense verdict.

Client: Attorney General’s Office – State Of New York
Opposing Unsuccessful Expert: Dr. Albert Lyter III

Trial Excerpt of Federal Judge’s Opinion
Thank You Letter from Attorney General on case

State Of Florida Vs. Raul Pino

Speckin Forensics is retained by attorney Neil Namaroff to assist in the admission of Ink Dating testing and results by another expert in light of a Daubert challenge by the Government. The Government’s Daubert challenge is unsuccessful. The court found “The methods and procedures employed by the other expert meet the Frye standard by having gained general acceptance by the relevant scientific community in this field.” (2005)

Client: Neil Namaroff, Miami Florida
Opposing Unsuccessful Expert: United States Secret Service

Order Denying State’s Motion To Exclude Defense Expert

Utica Square Shopping Center vs. Renberg’s Inc.

District Court in Oklahoma admits testimony on Ink Dating and Accelerated Aging. The court denies Daubert objection by defendants. (1998)

Client: Helmerich & Payne, Steve Mackey (Tulsa, Oklahoma)
Opposing Unsuccessful Expert: None At Trial

Relevant Portions of Trial Transcript And Judge’s Opinion

Jupiter Medical Center Vs. Orlon Carr

Speckin Forensics is retained to assist attorney with a daubert challenge to ink dating methodology. The challenge was denied, the testimony was admitted and the case settled very quickly thereafter. (2006)

Client: Jupiter Medical Center, Eric Salpeter, Fort Lauderdale, FL
Opposing Unsuccessful Expert: Dr. Valery Aginsky

Torok v Summix Mines

Erich Speckin testified and was accepted as an expert in ink dating and accelerating aging in Supreme Court in Vancouver British Columbia Canada. This was the first time that ink dating methodology to determine relative ink age was admitted into evidence in Canada. (1998)

Client: Paul Hildebrand Vancouver, BC
Opposing Unsuccessful Expert: Brian Lindblom

State of Illinois Vs. Lavelle Davis

Illinois Appelate Court, Judge Sheldon Presiding November 2007
A murder conviction was overturned that was based on a LIP Print Identification. Mike Sinke of Speckin Forensic Laboratories testified and showed the LIP Print Identification was not reliable under frye and that the expert from the State Laboratory had missed differences that should have excluded the suspect. The court agreed with Mr. Sinke. Post trial reversal was granted and the suspect was eventually released from prison.

Client: Winston & Strawn, David Doyle
Opposing Unsuccessful Expert: Steve McKasson and Leanne Gray

Document 1

Estate of Max Tigner

State of Michigan, Saginaw County – Judge Patrick McGraw, September 2005
Robert Kullman and Michael Sinke both testify in a handwriting case and a signature was identified as genuine. Another expert testified against their findings. The judge agreed with the Speckin Forensic Laboratories examiners and ruled in favor of our client.

Client: Todd Tigner
Opposing Unsuccessful Expert: James Steggall

Document 1

New Equipment Leasing Vs. Jungle Gym’s Inc.

State of Michigan, Grand Rapids – Judge Donald A. Johnston, December 2007
Robert Kullman testifies successfully in what is probably the first Daubert hearing on Handwriting Analysis in the State of Michigan. Bob first testified and was excepted as an expert in Handwriting Analysis. After passing the Daubert challenge, he testified to his opinion of authorship of the signatures to the jury.

Relevant pages of the Judge’s opinion relating to the Daubert Challenge

Please contact us if you are interested in the entire transcript or the preparation bundle and outline created by Speckin Forensic Laboratories to assist Attorney’s in this type of Daubert hearing.

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