CROSS-EXAMINATION OF EXPERT TESTIFYING THAT SIGNATURE IS A SIMULATION OR FORGERY
Now sir, when you learned your craft, what authorities did you study?
Therefore, you acknowledge that Wilson Harrison,Ordway Hilton, Albert Osborn and Robert Saudak, are generally considered authorities in the field of Forensic Document Examination, isn't that right?
Mr. Expert, you have testified that you found a number of what you termed significant or fundamental differences in the questioned signature of writing. Isn't it true that a person's signature is never the same twice? Yes or no?
Isn't it also true that every writing situation is unique? That is, done at one unique place and time?
Therefore, it is possible that unique differences which do not appear anywhere in the know writing or signature could occur, given the particular circumstances? Yes or no?
Mr. Expert, I am going to ask you a series of questions which call for a "Yes" or "No" answer. Can a person's health effect their writing?
Did you know this person's specific health at the moment this document was signed and what the specific effect is on the signature?
If "yes", what conditions was the patient suffering from and what was the specific effect on the writing? Repeat this question for every "yes" answer where they know the drug, drinking history, posture, surface, etc. to the following questions.
Is it true, Mr. Expert, that drugs and medications can affect a persons writing?
Did you know what drugs or medications this person was taking at the moment this document was signed, and whether or not they were prescribed or over-the-counter? If yes: What specific effect on the writing?
Isn't it true that alcohol can affect persons writing?
Did you know whether or not the signatory had anything to drink at the moment this document was signed?
How does alcohol affect writing?
Isn't it true that a person's emotional or mental state can affect their writing?
Did you know the signatory's mental or emotional state at the moment the document was signed?
What is the specific effect on the writing?
All these factors can cause differences in the writing.... can't they?
Can a persons posture affect the way they write? That is, sitting, standing or prone?
Did you know the writers posture at the moment this document was signed?
How does this affect the writing?
Can the surface background or what the writer was leaning on affect the writing? Such as a pillow or bed, desk blotter, car seat, table, etc.?
Did you know the surface background in this case?
Can you tell us how this would affect the writing?
Isn't it true that factors such as temperature or lighting in a room can affect a persons writing? Whether extreme, such as too dark, too hot or cold?
Did you know of any of these?
How do they affect the writing?
All of these factors can also cause differences in the writing, can't they?
Other factors such as fatigue and nervousness or stress can affect the writing, can't they? How?
I see that the samples you relied on are only canceled checks.
They are not proper samples, are they?
Don't people often sign checks differently than other more formal documents?
Isn't it better to have a variety of known samples in addition to some that are similar to get a better picture of the writer's full range of variation?
You didn't do this, did you?
Now isn't it true that frequent pen stops and pen lifts are a sign of simulation?
You didn't find any of these, did you? (If "yes", ask him to point out precisely where.)
Isn't it true that firm beginning and ending strokes are a sign of simulation?
You didn't find any of these either, did you? (Point to feathering of and strokes.)
Pressure that doesn't vary on upstrokes and down strokes is also a sign of simulation. You didn't find any of these either, did you? (If so, where?)
Is patching an indication of simulation, particularly if it is done in the opposite direction of the writing?
You didn't find this, did you? (If so, where?)
What is pen stops?
Are unnatural pen lifts an indication of simulation?
You didn't find any of these, did you? (If so, where?)
Now is it true that tremor can be caused by any number of things before forgery? True?
What are two types of tremor?
Lack of fluidity is an indication of non-genuineness is it not?
What are ten indications of slowness in the writing?
You didn't find this, did you? (If so where and can it be explained?)
What are ten indication of speed in the writing?
In evaluating whether something is a simulation or tracing, writing impulse and pen movement are important are they not?
What is meant by stroke impulse? Letter impulse? Word impulse? Sentence impulse?
How do these relate to evaluating a simulation or tracking?
What is the difference between grip pressure, hand pressure and pen pressure?
What is the difference between finger movement, hand movement and arm movement?
Why are these important in a handwriting investigation?
How are these above factors revealed in the handwriting?
What are the two types of ataxia and the cause of them?
So to summarize, you found no objective evidence of simulation, did you?
Nothing is perfect, is it? This includes forgery also, doesn't it?
So in all forgeries, there should be at least one objective indication and are usually many, such as those mentioned above, shouldn't there?
In fact, your whole conclusion is based on the fact there are difference in the signature and nothing else, isn't that right?
