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  Danielle van Dam
Posted by: Summer Dawn - 04-06-2017, 04:30 PM - Forum: OTHER children taken from their beds - Replies (1)

Murder of Danielle van Dam


Danielle Nicole van Dam (September 22, 1994 – c. February 1, 2002)[3] was an American girl from the Sabre Springs neighborhood of San Diego, California, who disappeared from her bedroom during the night of February 1–2, 2002. Her body was found by searchers on February 27 in a remote area. Police suspected a neighbor, David Alan Westerfield, of the killing. He was arrested, tried, and convicted of kidnapping and first-degree murder. He was sentenced to death and is currently incarcerated at San Quentin State Prison.


The crime
On the evening of Friday, February 1, 2002, Danielle van Dam's mother Brenda and two girlfriends went out to a bar, Dad's, in Poway. Danielle's father Damon stayed at home to look after Danielle and her two brothers. Damon put Danielle to bed around 10:30 p.m., and she fell asleep. Damon also slept until his wife returned home at around 2:00 a.m. with four of her friends. Brenda noticed a light on the home’s security alarm system was flashing, and discovered that the side door to the garage was open. The six chatted for approximately half an hour then Brenda's friends went home. Damon and Brenda went to sleep believing that their daughter was sleeping in her room. About an hour later, Damon awoke and noticed that an alarm light was flashing. He found the sliding glass door leading to the back yard open, so he closed it. The next morning, Danielle was missing. The couple frantically searched their home, but could not find her. They called the police at 9:39 a.m.

Danielle became the subject of one of the largest search efforts in state history, with hundreds of volunteers searching deserts, highways and remote areas for weeks. The Laura Recovery Center assisted in organizing the search, and a Danielle Recovery Center was set up in a real estate office in Poway to coordinate the searching.[5] Finally, on February 27, two searchers found her nude, partially decomposed body near a trail in Dehesa, California, an unincorporated town east of San Diego. Some searchers had decided to search the Dehesa Road area, near the trail, after detectives discovered traces of Danielle's blood in David Westerfield's motor home, because Dehesa Road was a possible route Westerfield could have taken to get to the desert.[5] Because of the condition of the body, the coroner was unable to determine a cause of death or whether she was sexually assaulted, and had to use dental records to confirm her identity.

David Westerfield 
Law enforcement officials interviewed the van Dams' neighbors the Saturday morning of Danielle's disappearance, and discovered that one neighbor, David Westerfield, was not at home. Westerfield (born February 25, 1952) was self-employed as an engineer, 49 years old at the time, and held several patents for medical devices. He had no criminal record at the time, and was a divorced father of two college students. He lived two houses away from the van Dams, and owned a luxury motor home. About three days before Danielle's disappearance, Danielle and Brenda had sold Girl Scout cookies to Westerfield, who invited them into his home. Brenda asked to see his kitchen because she had noticed it was being remodeled when they had sold cookies to him the year before.

On Saturday morning, Westerfield fetched his motor home from another part of town, stocked it with supplies, and left home at 9:50, minutes after Brenda called 911 to report Danielle missing. Westerfield later told police that he had driven around the desert and the beach in his motor home, and had stayed at a beach campground: this was later confirmed by witnesses, cell phone records, gas receipts and credit card records. Westerfield said he had intended to go to the desert, but realized he had forgotten his wallet, so he drove instead to the campground at Silver Strand State Beach. He paid in advance for a two-night stay. However, he decided the weather was too cold, so he returned home to look for his wallet, after which he went to the desertA witness at Silver Strand later testified that he saw Westerfield pull out his wallet while at the campground. He drove to the desert, where he got stuck in the sand on Sunday morning about a quarter mile off the road and needed help from a tow truck to get free.

On his way home on Monday morning, a sleepy-looking and bare-footed Westerfield stopped at his regular dry cleaners and dropped off two comforters, two pillow covers, and a jacket that would later yield traces of Danielle's blood. When law enforcement first interviewed Westerfield, he did not mention going to the dry cleaners, although he detailed almost every other stop on his outing.

From Monday morning on, Westerfield became the prime suspect.  Law enforcement placed him under 24-hour surveillance on February 4,noting that he had given his RV a cleaning when he returned from his trip, although he maintained it was normal for him to do so. His motorhome, SUV, and other property was impounded for testing on February 5. 

Westerfield stated that he did not know where Danielle was, but said he had been at the same bar that Brenda had been to that Friday night, which Brenda confirmed
Arrest and trial

On February 22, police arrested Westerfield for Danielle's kidnapping after two small stains of her blood were found on his clothing and in his motor home. Danielle's partially decomposed body was found February 27. Westerfield pleaded not guilty, and went on trial on June 4, 2002. In pre-trial motions, Westerfield's lawyers moved to have his statements to police excluded, charging that he was unfairly interrogated for more than nine hours by detectives who ignored his repeated requests to call a lawyer, take a shower, eat, and sleep.[21] In the end, the two officers against whom the defense directed their complaint did not testify.

The forensic evidence presented by the prosecution included Danielle's blood stains on Westerfield's jacket and on the floor of his motor home, Danielle's fingerprints in the motor home, hairs from the van Dam family dog on Westerfield's motor home bed comforter, hairs consistent with Danielle's on the sheet of his bed, and matching acrylic fibers found on Danielle's body and in Westerfield's home, among other evidence.[22][23] One witness testified that she had left a side door in the garage unlocked, and prosecutor Jeff Dusek theorized that Westerfield might have entered this way; he emphasized, however, that the prosecution did not have the burden to demonstrate how the kidnapping was done, only that it was done.

During the trial, Westerfield's lawyers suggested that the police were in a rush to solve the case and declined to consider other suspects. They suggested that the child pornography found on Westerfield's computer was downloaded by Westerfield's son, Neal, who was 18 at the time of the murder. In testimony, Neal denied this.[24] Part of Westerfield's defense focused on the lifestyle of Danielle van Dam's parents, who they argued had an open marriage, were swingers, and smoked marijuana in their garage regularly. The defense suggested that because of this lifestyle, there might have been other people in the home that night.
To establish an alibi for Westerfield, the defense called three entomologists who testified that insects first colonized Danielle's body sometime in mid-February, long after Westerfield had been under police surveillance. The prosecution's entomologist testified that Danielle's body could have been colonized as early as February 2.
In closing arguments, Feldman argued that no evidence of Westerfield was found in the van Dam residence or at the body dump site, and that a foreign hair found under Danielle’s body was not his.[29][30][31] In rebuttal, Dusek argued that it is plausible for an intruder to enter a home without leaving trace evidence, especially if he is taking appropriate precautions. Conversely, Dusek argued, the nature and volume of Danielle's trace evidence in Westerfield's home and motor home, and on his jacket, allows no reasonable explanation other than guilt.

The trial lasted two months and concluded on August 8. On August 21, the jury found Westerfield guilty of first degree murder, kidnapping, and possession of child pornography.

During the penalty phase of the trial, Westerfield's 19-year-old niece testified that, when she was 7 years old, her uncle entered his daughter's bedroom, where the niece was spending the night with her parents while attending a party, and woke up to find him rubbing her teeth. She said she bit his finger as hard as she could, then went downstairs to tell her mother. Westerfield was questioned about the incident at the time by his sister-in-law, where he explained that he had entered the bedroom to check on the children, and was trying to comfort her. The incident was then forgotten
The penalty phase ended on September 16 when the jury rendered a verdict of death against Westerfield. In January 2003, Judge William Mudd sentenced Westerfield to death.
A
ftermath
Westerfield is currently incarcerated at San Quentin State Prison while his appeal is pending.[36] Because of the continuing 2006 moratorium on executions in California, and the July 2014 ruling on the unconstitutionality of the death penalty in California, it is not known when or if Westerfield will face execution.
The van Dams sued Westerfield, but the case was settled out of court. The van Dams were awarded $416,000 from several insurance companies who insured Westerfield's home, SUV, and motor home. The settlement also prevents Westerfield from ever profiting from his crime. 

When the trial was over, the media, quoting unnamed police sources, reported that Westerfield's lawyers were just minutes away from negotiating a plea bargain when a group of private citizen searchers organized by the Laura Recovery Center found Danielle's body. According to these reports, under the deal Westerfield would have taken police to the site where her body was located, in exchange for a sentence of life without parole.Both the prosecution and the defense declined to comment on these reports,  Many people, including Fox News commentator Bill O'Reilly, expressed outrage at the revelation, claiming that Westerfield's attorneys misled the jury by proposing an "unknown kidnapper scenario" even though their client said he knew the location of the body; however, legal specialists pointed out that defense attorneys are obligated to mount a vigorous defense regardless of their own opinion of the client's guilt or innocence.


In the months following the end of the trial, audio tapes of Westerfield being interviewed were released to the media. During his first interview, he is heard to ask an officer to "leave your gun here for a few minutes" in a seeming suggestion that he would like to commit suicide.[42] In one police interview he tells investigators that he doesn't feel emotionally stable. In one interview he is told that he failed a polygraph test; Westerfield says he wants a retest and that he was not involved in Danielle's disappearance.

In late 2003, San Diego police received a letter from an outside party confessing to Danielle's murder. The author claimed to be James Selby, a man accused of various sex-related crimes in five states, including in the San Diego area.Both police and Dusek read the letter, and deemed it not credible; however, Dusek forwarded the letter to the office of Westerfield's attorney, Steven Feldman, who declined to comment.[46] Selby, who also claimed responsibility for the slaying of JonBenét Ramsey,[46] committed suicide while awaiting sentencing in Arizona on November 22, 2004.[45][47]
An episode from an animal forensic show on the US TV network Animal Planet was based on the belief that hairs consistent with Danielle’s dog, which were found in Westerfield’s laundry, in his RV, and on his comforter at the dry-cleaners, first got onto her pajamas when she cuddled with the dog, and then were carried on the pajamas to his house and RV in accordance with Locard's exchange principle.

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  Riley Fox
Posted by: Summer Dawn - 04-06-2017, 04:11 PM - Forum: OTHER children taken from their beds - No Replies

Justice at last for father accused of killing his daughter, 3, after sex offender admits to murder 



A convicted sex offender pleaded guilty today to the 2004 sexual assault and murder of a three-year-old suburban Chicago girl whose father was wrongly accused in the crime.

With the parents of Riley Fox sitting just a few feet away, Scott Eby said in a clear voice the word 'guilty' six times - ensuring he will spend the rest of his life behind bars. 

In exchange for the 39-year-old's plea, prosecutors agreed not to seek the death penalty. 

The courtroom was packed with dozens of friends and family of Riley, many wearing pins with a photograph of the girl nicknamed 'Rileybugs' on them. 

The gallery was silent as Eby entered his plea, ending a six-year ordeal in the highly-publicised case. 

But that composure disappeared when Assistant Will County State's Attorney Michael Fitzgerald described what Eby himself admitted to doing on June 6, 2004. 
In horrific details, Mr Fitzgerald told the judge how Eby, in a five-page letter, admitted he had been drinking and using cocaine that day - a combination that gave him the urge to break into Riley's Wilmington house and molest her. 
Eby said he put a bandanna over his face before entering the house, put his hand over Riley's mouth and put her in the trunk of his car. 

He described then driving to a nearby forest preserve, duct-taping her wrists and mouth and sexually assaulting her on the floor of a men's room. 

Eby told authorities he knew the girl could identify him and panicked, taking her to a nearby creek and holding her 'under the water by the shoulders until he couldn't feel her struggle anymore'.
Many in the courtroom openly wept, and one member of the gallery yelled 'Rot in hell' before leaving the courtroom.

Riley's father, Kevin Fox, who spent eight months in jail before he was exonerated by DNA evidence, was the first to take the witness stand and read a statement. 

He talked about sitting in a jail cell when he was a suspect, knowing prosecutors wanted him executed and that the real killer was free. 

He said: 'I would always wonder what you were doing with your freedom. If you were lying, watching TV or if you were picking your next victim.'

He said that once he left court he would force Eby from his mind, adding: 'After today you will no longer be a part of my memories of my daughter.'

Riley's mother Melissa spoke of the joys of watching her daughter and how she liked to sing, dance, tell jokes and catch butterflies. 

But, as her voice cracked, she also told Eby what he took when he held her daughter's head under water. 

She said: 'She would never have the opportunity to play with her friends, have sleepovers, get her drivers' license, go to homecoming or prom, go to college, get married or have a family of her own.'

Mrs Fox stared directly into Eby's eyes each time she looked up from her statement, and Eby was visibly moved by her words.

She added: 'I didn't get a chance to say goodbye or give her a last kiss or hug. Instead, I visit a headstone that I decorate for holidays and her birthday.'

Eby fought back tears when she said: 'It disgusts me that she is gone and you are still here.'

He spoke briefly, saying he didn't have any answers or know why he killed the little girl.
Reading from a prepared statement, he added: 'I wish I could explain.'

After the hearing, Eby's attorney Michael Renzi said his client always intended to plead guilty from the time he was charged in May. He said he didn't want to put the family through a trial. 
Prosecutors said Riley's parents agreed to the plea deal. 

'She would never have the opportunity to play with her friends, have sleepovers, get her drivers' license, go to homecoming or prom, go to college, get married or have a family of her own' 

Mrs Fox said in court: 'I'm opposed to you getting the death penalty and dying a quick, painless death.'
Kevin Fox had harsher words after the trial. He said: 'I hope he rots in hell.'

The plea comes nearly five months after Will County State's Attorney James Glasgow announced he'd charged Eby with first-degree murder and predatory criminal sexual assault of a child. 

Authorities were led to Eby from DNA evidence collected from the crime scene along with other clues, including a pair of Eby's shoes pulled from the water that had his name written in them. 

Mr Glasgow, who was not the prosecutor when Mr Fox was arrested, cleared the father after taking office. 
When he announced in May that Eby had been charged with murdering Riley, Mr Glasgow was careful to point out that any prosecutor would have been hard pressed not to file charges against Mr Fox after watching video of statements Mr Fox made to investigators during questioning. 

Mr Glasgow declined to say what Mr Fox told detectives, but he described the statements as 'significant'. 
The Foxes were awarded $12.2 million in damages after they accused Will County investigators of fabricating evidence. 
A federal appeals court in April upheld their claim that Mr Fox was falsely arrested but reduced the award to $8.6 million. 

Eby, who has served prison time for burglary and forgery, was an inmate at the medium security Lawrence Correctional Center in Sumner, serving time for a 2005 sexual assault conviction filed in connection with an attack on a relative. 
According to the Illinois Department of Corrections, he will be eligible for parole on that conviction in mid-2017.

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  Other garrote murders
Posted by: Summer Dawn - 04-06-2017, 03:58 PM - Forum: Cord ligature - Garrote - No Replies

Recently, I started researching about Garrotes.. the history... looking into murder cases where others were killed by a garrote.

I found a really interesting article about a  nurse murdered in 1979.

It was a cold case.

No fingerprints'

Local police NEVER investigated a murder like this one.

Sounds familiar...
~~~~~~~~~~~~~~~~~~~~~~~~~



Lead “Dateline” correspondent Keith Morrison has told dozens of tales of murder, but even he hadn’t encountered grisly details like those of the brutal slaying of Torrance nurse Lynne Knight in 1979.

“Never have I encountered a garrote in a domestic crime, in a local crime that was committed in this way,” Morrison said in an interview Thursday. “It flummoxed everybody. They couldn’t figure it out. There were no fingerprints. It was pre-DNA. It drifted along for all those many years.”


The quest by a cold-case prosecutor and Torrance police detectives to solve the three-decades-old killing will be recounted tonightin a two-hour “Dateline” segment at 9 p.m. on NBC. In August, a jury convicted Knight’s former boyfriend, Douglas Bradford, of first-degree murder, despite his years of claiming he was sailing in the Alamitos Bay on Aug. 29, 1979, when someone slipped into Knight’s Anza Avenue home and mutilated her.


A homemade garrote built with wooden mop handles and picture-hanging wire lay hidden under her body. The device was built so strongly that it failed during the crime, slicing a gash so deep into Knight’s neck that she could breathe through it. Her killer extinguished her pig-like sounds for help by stabbing her in the leg, rupturing her femoral artery and ending her life.
Morrison said “Dateline” built its own garrote for the show.
“I’m holding it right now in my hands,” Morrison said, finishing up the production. “What occurs to you immediately — there is a lot of work that goes into it. You’ve got to cut the dowels, drill the holes, sand them down, carefully put the wire through, double it. Somebody put several hours effort into it, knowing they were going to use this weapon.”


The 28-year-old Canadian nurse hadn’t been in Torrance long. She moved to California to take a job at Little Company of Mary Hospital, working in the neonatal unit. She rented an apartment in a converted garage.
Bradford, an engineering student at Cal State Long Beach, met her while skiing. They dated for a few months. But the relationship ended when he wanted to be exclusive and she didn’t.
During his trial in July and August, witnesses recalled Bradford stalking her apartment, driving past it in his orange 240Z. One night he burst into the apartment and angrily threw a lamp at Knight because she was entertaining another man.


Although police had the garrote, and suspected Bradford committed the crime, detectives could not build enough evidence to prosecute him. Bradford claimed to be sailing at 10:30 that night and having to paddle in to the shore when the wind died.
The case went unsolved.
“I personally worked nine homicides as the lead or co-lead,” said retired Torrance police Capt. Emilio Paerels, who was called to assist at the murder scene with the lead investigator, Gary Hilton. “This was the only one that wasn’t solved. To me, this one was a bugaboo. But the problem is you know who it is. In your heart, you know you’ve identified the suspect, but you’ve gotten to a point where you know it is cold.”


In the early 2000s, Torrance police detectives reopened several unsolved cases, including Knight’s murder. Paerels, working with Deputy District Attorney John Lewin, reinterviewed the witnesses. Now retired Torrance Detective Jim Wallace visited Bradford’s mother at her house in Orange County. He noticed two facts that detectives at the beginning did not: Bradford’s mother was an artist who hung her paintings on the wall with metal wire. Some had hung there for decades.
The mother also used wooden dowels for security locks on her windows.


Tests revealed the wire was the same kind used in the garrote found at the murder scene. Bradford was arrested May 13, 2009. The wire played a central role in the trial.
Famed O.J. Simpson lawyer Robert Shapiro defended Bradford, who chose not to take the witness stand to testify. Shapiro told the jury that Bradford was innocent, and presented his sailing alibi. Lewin countered that with weather and sailing experts, who described how the wind patterns that night did not corroborate his story.
Jurors came back with a verdict Aug. 14, providing relief to Knight’s father, sister and other family members who had waited so long to hear the word “guilty.” Bradford was scheduled to be sentenced to 26 years to life in prison next week, but Shapiro on Thursday requested that the proceeding be postponed until December.


Morrison said he interviewed family members and retired detectives for the program, which fittingly is called “The Wire.” Morrison said he wished Bradford would have consented to an interview.
For “Dateline,” the Knight case had all the necessary elements for a good mystery, including the fact it became Wallace’s last case, and the last trial for Shapiro, “all getting together in the same courtroom where Shapiro assisted in the acquittal of O.J. Simpson.”
“It’s a very compelling program,” Morrison said. “I wound up, as sometimes one does in these cases, particularly in this one, wishing I had had a chance to know the victim. Seems like a really quite terrific young woman — as long as she was allowed to live.

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  John Ramsey on their friendship
Posted by: jameson245 - 04-06-2017, 12:46 PM - Forum: Fleet and Priscilla White - Replies (1)

starting from page 306 of the paperback edition of "the Death of Innocence": 

"As was the case with most of our social friendships, Patsy had met Priscilla and
her children first.  Their kids were almost the same ages as JonBenet and Burke.  Later, Fleet and I were introduced into an already blooming friendship. When we first met, they were renting a small house, two doors up the street from us.  The Whites told us that they had left California because they felt the fast life around Newport Beach was a poor place to raise children.  They had originally thought of moving to Aspen, where Fleet's parents had a home and where Fleet and Priscilla and their children had spent considerable time.  But even Aspen didn't suit what they were looking for.  Ultimately, they settled in Boulder after Fleet drove there one day and decided it was the perfect community for them. Our children became instant friends and enjoyed frequent trips to and from each other's houses, which they could accomplish on their own with complete freedom, via backyards or front sidewalks. That was one of the benefits of a small town, I thought.  Priscilla was a fun-loving, California girl who liked to entertain and had a good sense of humor.  She and Patsy quickly hit it off, and they enjoyed each other's company. 
 The moms soon discovered that Fleet and I shared a penchant for sailing, as well.  It is rare that dads and moms and both children synchronize so easily.  Both sets of parents were older, and that added to the similarities.
 "The newspapers later would refer to Fleet as an oil magnate.  His father, Fleet White, Sr., was reported to have had a natural gas drilling company in California.  He may have worked for his dad for a period of time before coming to Colorado, but as far as I know, Fleet did not work at a steady job during the time I knew him in Boulder.  At one point he was trying to help his dad clean up some environmental issues at a gas station they owned in California, and he spoke of trying to get something started with some Denver businessman.
"Fleet was mainly my sailing buddy.  He occasionally talked of being an ardent sailor in the Newport Beach area and proudly displayed many models of the sailboats he had raced.  He spoke of a silver loving cup which bears his name and is on permanent display at the Newport Beach Yacht Club.  He was a very experienced sailor.  I was not.  I could learn a great
deal from him.  Whenever we were together, sailing was our singular topic of conversation. Since he didn't have a nine-to-five job as I did, Fleet was free to be the coordinator of logistics for our sailing ventures."

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  Jim Marino
Posted by: jameson245 - 04-04-2017, 09:54 PM - Forum: Ramsey family FRIENDS - Replies (14)

       

Jim Marino They were loads of fun too. I've been friends since the 70's back to johns original marriage. I was with John when Beth was run over by a Mack truck. I was with him when Jon Benet was murdered. He's fine now. We talked last week. Jon Benet had Patsy ' s eyes. They were regular folks till that Christmas. What would you do in that circumstance? I defended the family to a fault on Geraldo, the view, people mag etc etc. sad and still haunts me


Jim Marino Well we will never know what culpability they have in the matter. However it doesn't matter above the love I have always had for those two

Jim Marino Kathy Buck Lezovich - not sure what that is? I was not an informant because I was surprised at the murder the same as everyone else. I defended all the crazy speculation against them... it was a nightmare.




Jim Marino Thats me and wife above John and Patsy at our company Christmas party a couple of years before



Jim Marino my position hasn't change and I have moved on. I think there will always be questions about the ransom note etc.... but its all speculation., The family has all been cleared so we have to leave it there.

all of the friends and employees were suspects till all were cleared, including me.

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  Isabel Celis
Posted by: jameson245 - 04-04-2017, 03:35 PM - Forum: OTHER children taken from their beds - No Replies

The body of 6 year old Isabel Celis was found 5 years after being taken from her Arizona bed.
April, 2017

 6-year-old Isabel Celis - taken from her bed in Tucson, Arizona,
police found her remains in a remote area
DNA analysis did confirm that the remains were those of Isabel Celis

.
[Image: e8e09088a697e05bd7a747b6b2bf6de6]
Isabel was last seen by her family about 11 p.m. on Friday, April 20, 2012.


Her father discovered that she was missing at 8 a.m. the next morning - a broken screen was found in her bedroom.

In that case, the police did go to the media with some case against the parents but said
“We’re labeling it as suspicious circumstances and a possible abduction.”

In the statement after confirming Isabel’s death, Tucson police said they “will continue to actively pursue those responsible for any involvement in Isabel’s disappearance and death, and will pursue prosecution to the highest level possible.”
Officials will not be releasing further details at this time since that “could have unintended consequences,” police said.
“As we move forward in our investigation, we will release additional details as they become available.”

Tucson police are still asking anyone with information about this case to please call 88-CRIME. Tips can be anonymous.
While confirmation of Isabel’s death “may provide some degree of closure,” the police statement reads, “this also sadly ends the hope of bringing Isabel home safely to her family.”

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  Stratbucker removed as witness
Posted by: jameson245 - 03-29-2017, 05:10 PM - Forum: Stun Gun - No Replies

He ws removed as a witness in the wolf case - for good reason.  I am posting that bit here but you really should
read his deposition - it is under discredited or discounted witnesses along with Gideon Epstein and Cina Wong.



2 THE VIDEOGRAPHER: Counsel, we are
3 back on the record at 12:47 p.m.
4 MR. HOFFMAN: Thank you very much.
5 I am going to address this, of course, to Lin
6 Wood and to Jim Rawls because they represent the
7 counsel for John and Patsy Ramsey. And I
8 certainly acknowledge Mr. Bauer's important role
9 in the case.
10 Let me take an opportunity to --
11 MR. WOOD: Hey, Darnay, don't --
12 MR. HOFFMAN: -- due to the
13 testimony of the deposition today and to
14 consider not only the witness but also the
15 testimony from the witness and looking at it in
16 relation to my theory of the case, I have
17 decided at this point to withdraw Dr. Robert
18 Stratbucker as an expert witness in this
19 particular case with the understanding, of
20 course, that this testimony, of course, can be
21 sealed if counsel for the defense would like
22 that and there will certainly be no either
23 public reference to any of Dr. Stratbucker's
24 theories to this Rule 26 report, to any of the
25 things that he stated today, any conversations
00082
1 he may have had with me formally or informally,
2 or any other communication involving his theory
3 of whether or not stun gun -- a stun gun was
4 used on JonBenet Ramsey.

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  Robert Stratbucker
Posted by: jameson245 - 03-29-2017, 04:50 PM - Forum: Discredited and discounted witnesses in this case - Replies (3)

00001
1 IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
2 ATLANTA DIVISION
3
ROBERT CHRISTIAN WOLF,
4 Plaintiff,
5 CIVIL ACTION FILE
vs.
6 NO. 00-CIV-1187(JEC)
7 JOHN BENNETT RAMSEY and
PATRICIA PAUGH RAMSEY,
8 Defendants.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
9
10
VIDEOTAPED DEPOSITION OF
11
ROBERT ALLEN STRATBUCKER, M.D.
12
13 May 30, 2002
11:02 a.m.
14
1025 Howard Street
15 Omaha, Nebraska
16
Alexander J. Gallo, CCR-B-1332, CRR
17
18
19
20
21
22
23
24
25
00002
1 APPEARANCES OF COUNSEL
2 On behalf of the Plaintiff:
3 (via telephonic means)
4 DARNAY HOFFMAN, Esq.
5 Law Offices of Darnay Hoffman
6 Suite 209
7 210 West 70th Street
8 New York, New York 10023
9 (212) 712-2766
10 On behalf of the Defendants:
11 JAMES C. RAWLS, Esq.
12 ERIC P. SCHROEDER, Esq.
13 Powell, Goldstein, Frazer & Murphy, L.L.P.
14 Sixteenth Floor
15 191 Peachtree Street, N.E.
16 Atlanta, Georgia 30303
17 (404) 572-6600
18 L. LIN WOOD, Esq.
19 MATTHEW WOOD
20 L. Lin Wood, P.C.
21 2140 The Equitable Building
22 100 Peachtree Street
23 Atlanta, Georgia 30303
24 (404) 522-1713
25 Also Present: J. Rollins, Videographer
00003
1 Deposition Robert A. Stratbucker, M.D.
2 May 30, 2002
3 (Defendants' Exhibit-1, Exhibit-2 and
4 Exhibit-3 were marked for identification.)
5 THE VIDEOGRAPHER: This is the
6 beginning of videotape No. 1 of the deposition
7 of Robert A. Stratbucker, M.D., M.S., Ph.D.,
8 P.E., being taken on May 30 of the year 2002
9 in Omaha, Nebraska.
10 Counsel will now introduce themselves.
11 MR. WOOD: My name is Lin Wood. I
12 am one of the attorneys for the defendants John
13 and Patsy Ramsey. With me from my office is
14 Matthew Wood, legal assistant.
15 Go ahead, Derek.
16 MR. BAUER: Derek Bauer with the law
17 offices of Powell, Goldstein, Frazer & Murphy in
18 Atlanta, also on behalf of Patsy and John
19 Ramsey.
20 MR. RAWLS: Jim Rawls from Powell,
21 Goldstein in Atlanta on behalf of John and Patsy
22 Ramsey.
23 MR. HOFFMAN: I am Darnay Hoffman
24 appearing on behalf of Chris Wolf by
25 teleconference phone in New York City.
00004
1 MR. WOOD: Everybody good to go?
2 MR. HOFFMAN: Ready to go.
3 MR. WOOD: This will, in fact, be
4 the deposition of Dr. Robert A. Stratbucker, an
5 individual who has been identified as an expert
6 witness for the plaintiff Chris Wolf in this
7 case and who has submitted a Rule 26 Expert
8 Witness Report.
9 The deposition is being taken
10 pursuant to agreement of counsel and pursuant to
11 an amended notice of deposition which is dated
12 May 16, 2002, which I have marked for purposes
13 of identification, Darnay, as Defendants' Exhibit
14 1.
15 MR. HOFFMAN: Thank you, Lin.
16 MR. WOOD: And the deposition will
17 be taken for all permissible purposes under the
18 Federal Rules of Civil Procedure, including
19 discovery, cross-examination and, if appropriate,
20 use as evidence at trial.
21 All objections except as to the form
22 of the question or the responsiveness of the
23 answer will be reserved until the time of trial,
24 hearing, or other formal use of the deposition.
25 Are those stipulations agreeable with
00005
1 you, Darnay?
2 MR. HOFFMAN: Yes, Lin, thank you.
3 They are agreeable to me.
4 ROBERT A. STRATBUCKER, having been
5 first duly sworn, was examined and testified as
6 follows:
7 EXAMINATION
8 BY-MR.WOOD:
9 Q. For the record would you state your
10 full name for the record, please, sir?
11 A. Robert Allen Stratbucker.
12 Q. And there are a host of appropriate
13 initials after your name. You are a medical
14 doctor among other degrees that you hold; am I
15 right?
16 A. Yes.
17 Q. And I will address you as Dr.
18 Stratbucker, which is appropriate.
19 Dr. Stratbucker, I've introduced
20 myself to you. I'm Lin Wood and along with
21 Mr. Rawls and Derek Bauer, we represent John and
22 Patsy Ramsey, the parents of JonBenet Ramsey who
23 was murdered in December of 1996 in Boulder,
24 Colorado. You understand that, don't you?
25 A. Yes.
00006
1 Q. And you understand that you have
2 been retained as an expert witness for an
3 individual named Chris Wolf, who is the
4 plaintiff in a lawsuit alleging libel filed
5 against Mr. and Mrs. Ramsey that pends in the
6 federal court in Atlanta, Georgia. Do you
7 understand that?
8 A. Yes, I do.
9 Q. When were you retained in this case,
10 sir?
11 A. About eight months ago.
12 Q. Can you date that for me with --
13 A. Well, I would have to check my
14 record to be precise about it.
15 Q. If you would do that, I would
16 appreciate it. I would like a precise date.
17 A. Well, the most precise date I can
18 give you is February 26 of this year, 2002,
19 which is the date of my report; however, I was
20 engaged prior to that. And the precise date of
21 that I can only estimate. I would say it was
22 about two months prior to that. It would be
23 about eight months ago.
24 Q. So you dated -- your best date, it
25 would be December 2001 or January 2002?
00007
1 A. Yes.
2 Q. Do you recall the manner in which
3 you were first contacted?
4 A. I was contacted by telephone by Mr.
5 Hoffman.
6 Q. Let me tell you that I understand
7 that you are an extremely busy expert for Mr.
8 Hoffman, and I understand that you had to do a
9 fair amount of juggling of your schedule to
10 change this deposition from the date of the
11 28th, I believe, to today, the 30th to
12 accommodate my desire to do some family things
13 over the weekend. I appreciate that.
14 How many depositions have you given
15 this month?
16 A. This month I have not given any.
17 Q. How many court appearances have you
18 made this month?
19 A. None this month.
20 Q. How many active cases are you
21 presently engaged in as an expert witness?
22 A. Probably four.
23 Q. And what do you do with your time
24 other than your consultant work as an expert
25 witness?
00008
1 A. Well, I maintain a part-time medical
2 practice. I am retired from full-time medical
3 practice at this point. And I have a number
4 of other biomedical engineering type enterprises
5 that I am involved in, principally a
6 development, research and development company of
7 my own which does development of medical
8 devices, diagnostic and therapeutic medical
9 devices.
10 And, for example, over the last
11 month, I have had occasion to be in Mainland
12 China for probably three weeks and other travel
13 related to that activity.
14 Q. What type of diagnostic and
15 therapeutic medical devices have been developed
16 by your company?
17 A. Cardiologic, primarily.
18 Q. So there is no misunderstanding, what
19 do you mean in lay terms when you say
20 cardiologic?
21 A. Devices that relate to the diagnosis
22 of heart disease and therapeutic devices that
23 relate to the treatment of heart disease.
24 Q. You have served as an expert witness
25 in civil litigation in the past as well as
00009
1 criminal matters; is that true?
2 A. Yes, I have.
3 Q. Give me your best estimate, Dr.
4 Stratbucker, I am not trying to hold you to a
5 precise figure, but give me your best estimate
6 as to the amount of money, gross revenue that
7 you received in the year 2001 in your capacity
8 as a consultant/expert witness in civil or
9 criminal litigation.
10 A. I would say $75,000.
11 Q. How are we doing this year, 2002?
12 A. About on -- about average, about the
13 same.
14 Q. How long has that figure been about
15 the average, $75,000 a year?
16 A. I would say it is higher now. It
17 has been increasing over the years; but as an
18 average, I would say for a good ten years,
19 probably.
20 Q. Are you on a regular retainer as a
21 consultant/expert for any company?
22 A. I have been with some companies and
23 now with different companies.
24 Companies are acquired, and those
25 things change from time to time; but it has
00010
1 been a relatively constant average.
2 Q. As we sit here today, what company,
3 or companies, pays you a regular retainer to
4 serve as a consultant/expert witness?
5 A. Within this last month, we have
6 managed to negotiate a contract with the
7 Department of Defense, which is actually
8 channeled through TASER International in Phoenix,
9 Arizona, a research project for the Marine
10 Corps. And that is a sizable research program
11 that I am very much involved in and one of the
12 reasons I have been so tied up this month.
13 Q. Are you paid by check from the
14 United States Treasury or are you paid by check
15 from TASER International?
16 A. I am paid by check from TASER
17 International. They are the fiscal repository
18 for the grant funds.
19 Q. And that only came up within the
20 last month?
21 A. Yes.
22 Q. Let me hand you what has been marked
23 for purposes of identification to your deposition
24 as Defendants' Exhibit-2.
25 And also while you are looking at
00011
1 that, let me hand you what has been marked for
2 purposes of identification as Defendants'
3 Exhibit-3 and ask you to just look through
4 those. A couple of quick questions to ask you
5 about them.
6 A. All right.
7 Q. In fact, Defendants' Exhibit 2, that
8 is a true and correct and complete copy of the
9 Rule 26 expert report that you have prepared,
10 signed, and submitted in this lawsuit, true?
11 A. It is nearly complete. I noted in
12 one of the copies that's here that there was a
13 page missing out of the autopsy report that is
14 contained in this. And I have supplemented that
15 with a page from another source.
16 Q. Page 4 was missing from your report?
17 A. Page 4 was missing, yes.
18 Q. With the addition of page 4 of the
19 autopsy report on JonBenet Ramsey, does, in
20 fact, Defendants' Exhibit 2 represent a true and
21 correct and complete copy of your Rule 26 Expert
22 Witness Report?
23 A. Yes, it does.
24 Q. And you stand by your report; do you
25 not, sir?
00012
1 A. Yes, I do.
2 Q. Is there anything that you would
3 like to change in that report before we question
4 you about it today?
5 A. No.
6 Q. You also, as part of that report,
7 have supplied us with a copy of your most
8 recent CV, your curriculum vitae; have you not?
9 A. Yes.
10 Q. And it is a true and -- I was
11 impressed with the thoroughness of it. You even
12 went back to age 19 when you were working at
13 WOW TV or radio, the Johnny Carson Show. It's
14 very thorough in terms of describing your
15 professional endeavors and work experience; is it
16 not, sir?
17 A. I hope it is, yes.
18 Q. And you intended it to be; did you
19 not?
20 A. Yes.
21 Q. So that we can go there and we can
22 find out where you worked professionally, right?
23 A. Yes.
24 Q. We can find out who you worked for
25 in terms of your professional endeavors; can we
00013
1 not, sir?
2 A. I think you can, yes.
3 Q. Do you stand by that CV as being
4 complete and accurate?
5 A. It might have a typographical error
6 here and there, but --
7 Q. We will forgive that.
8 A. -- for the most part, it is accurate
9 and complete.
10 Q. Well, you say for the most part.
11 Is there any part, other than typographical
12 errors, that you have some concerns about in
13 terms of it being accurate and complete?
14 A. Only that I think it has not been
15 updated for about -- I had it retyped, but I
16 didn't update it in preparation for this
17 deposition because of some requirements of the
18 type of display, the font size and so forth.
19 When I did that, it changed the pagination and
20 so forth of the thing. It is different than
21 it was. But I did not update it to include,
22 for example, the items that I've just testified
23 to in connection with the Marine Corps and some
24 of the things that have happened within the last
25 few months.
00014
1 Q. I want to get those updated. So
2 tell me, other than -- and you say the Marine
3 Corps. Is that the Department of Defense
4 deal --
5 A. Yes.
6 Q. -- that's channeled through TASER
7 International?
8 A. That is correct.
9 Q. And that has been only in the last
10 month, right?
11 A. Well, it has been in preparation for
12 a long time. But, I mean, it is a research
13 and development contract that has been in
14 preparation for well over a year, but the award
15 had only been made within the last month.
16 Q. Anything else that you want to add
17 to your CV in terms of updating it other than
18 the Marine Corps, Department of Defense, TASER
19 International contract that you've just described
20 for me?
21 A. Well, there are a number of other
22 items that I referred to in connection with my
23 travels and so on. I am actively pursuing
24 those. Those are -- for example, there is a
25 proposition outstanding with a major Chinese
00015
1 company to take on the manufacturing of a device
2 that I have developed here in Nebraska and have
3 got patent coverage and trademark coverage on
4 and so forth which lends itself to manufacturing
5 in the Chinese economy. And I have been very
6 active in the development of that line of
7 activity.
8 Q. What is that device?
9 A. It is the -- the trade name of it
10 is an Omnitrode, O-M-N-I-T-R-O-D-E. It is a
11 specialized piece of actual apparatus that a
12 patient wears in order to supply a very
13 comprehensive and complete line of cardiac data
14 to a computer system that in turn does various
15 kinds of pattern recognition, data compression
16 and so forth on the signal. It is integrated
17 into a complete system.
18 My colleagues in Houston have been
19 working primarily on the electronic aspects of
20 it, and I have been working on the front end
21 or data acquisition aspects of it for a number
22 of years, and I am very actively involved in
23 that.
24 Q. So we have the Omnitrode and we have
25 got the contract with the government through
00016
1 TASER International. Any other things that you
2 need to give me to make sure that we have
3 updated your CV before we leave here today?
4 A. Those are the principal technical
5 aspects of things, and I still maintain a number
6 of local business enterprises that take up a
7 significant amount of my time. We happen to be
8 sitting in one right now.
9 Q. The bank?
10 A. Well, the building.
11 Q. You own this building?
12 A. Not the bank, but the building that
13 the bank is in is a building where I rent
14 space and operate some commercial enterprises.
15 Q. You do your fruit and vegetables
16 deal on Saturday, still?
17 A. That's right.
18 Q. Your dad Herman, right?
19 A. Exactly right. Thank you for being
20 so perceptive.
21 Q. You still work in the land? I know
22 you went back in, what, '91, to help him out?
23 A. That is correct, yes.
24 Q. And do you still do that?
25 A. Very much so.
00017
1 Q. Still do the corn, half yellow, half
2 white?
3 A. Yes. Still deal with people in
4 Georgia for plants and so on.
5 Q. Good for you.
6 You recognize, Dr. Stratbucker, from
7 your involvement as an expert witness what your
8 role is; do you not?
9 A. Yes.
10 Q. How would you describe your role as
11 an expert witness in the litigation?
12 A. Well, I describe my role as being
13 somewhat similar to my role as a teacher for
14 most of my professional life. And the purpose
15 of an expert witness is to teach the judge
16 and/or jury, the court, on matters which may be
17 unfamiliar with them and to make it possible to
18 properly assess evidence and so forth in the
19 face of unfamiliar, particularly high technology
20 sorts of things.
21 Q. Areas of expertise that are generally
22 considered to be beyond that of the knowledge of
23 a lay person?
24 A. Yes.
25 Q. And one of your roles, and I think
00018
1 you view it as an important one, is to educate
2 the court, the jury, on scientific information?
3 A. Correct.
4 Q. You also are called on, you
5 recognize, to take a certain set of facts and
6 to render opinions from those facts, true?
7 A. Yes.
8 Q. And you recognize that as an expert
9 witness it is not your role to create facts; am
10 I right?
11 A. Yes.
12 Q. You are not and would not
13 misrepresent facts or mislead anyone with respect
14 to the facts upon which you give your opinions,
15 true?
16 A. That is very true.
17 Q. And you are not taking sides here;
18 are you, sir?
19 A. No.
20 Q. I mean, you come into this dedicated
21 to the concept of your role is to be fair,
22 right?
23 A. Yes.
24 Q. To be honest, right?
25 A. Correct.
00019
1 Q. To be unbiased and objective, true?
2 A. Yes.
3 Q. And if I were to present you with
4 factual information, photographic or otherwise,
5 and you felt like the information that I have
6 presented you with established that JonBenet
7 Ramsey had marks on her body that are consistent
8 with the application of a stun gun, you wouldn't
9 hesitate to say that; would you, sir?
10 A. If I -- if it is all as you just
11 represented, that is correct. If all of the
12 evidence that you are referring to is
13 scientifically defensible, I would not have any
14 reservations about it, no.
15 Q. You do not have any agenda here,
16 hidden or otherwise; do you, sir?
17 A. No, sir, I do not.
18 Q. How much money does TASER
19 International pay you each month?
20 A. It's difficult to say because we are
21 just embarking on this now for the first time;
22 and I bill my time at a hourly rate, which
23 happens to be $125 an hour. And I have yet
24 actually to submit a bill. I need to do that
25 in the next probably day or two to finish out
00020
1 this month, which is the first active month of
2 this program.
3 Q. So you have never received any money
4 from TASER International?
5 A. No.
6 Q. They don't pay you in your job as
7 medical director for TASER International?
8 A. Well, that is a very recent
9 description or title. And, in fact, I have not
10 been paid a cent for that up to this point.
11 Now, I have some anticipation that that will
12 change, particularly since the Marine Corps grant
13 or contract, actually, was approved.
14 Q. How recent has that title been
15 bestowed upon you, Medical Director for TASER
16 International, Inc.?
17 A. Well, I think it has been talked
18 about now for a couple of months. As to
19 whether it was a proper designation of the kind
20 of activity that I will be involved in, I have
21 actually commenced over the last probably 60
22 days to take on the role of an on-call medical
23 advisor, medical director, if you will, to
24 handle problems that come up in the field
25 related to their devices that they market, the
00021
1 TASER in particular.
2 And because I have -- I thought when
3 I finished and retired from medical practice
4 that my on-call days and weekends and nights and
5 so forth were going to be freed up some, but I
6 have now jumped right back into the fire from
7 the frying pan, I think, carrying a full-time
8 pager so that I can be reached at a moment's
9 notice and that sort of thing.
10 Q. By TASER International?
11 A. Yes. Well, by -- and by -- and
12 their customers.
13 Q. Well, let me, because you indicated
14 that you had talked about the title for a
15 couple of months and as to whether it was a
16 proper designation that you will be involved in
17 or not.
18 Just plain and simple, do you hold
19 the position as the medical director for TASER
20 International, Inc., the manufacturer of the Air
21 TASER stun gun?
22 A. Yes, I do.
23 Q. How long have you held that
24 position, sir?
25 A. I would say, to be precise about it,
00022
1 it was formally announced at a meeting in Las
2 Vegas two weeks ago.
3 Q. Is that when you took on the role,
4 two weeks ago?
5 A. Well, I haven't been paid yet, so I
6 don't know whether -- if it means I got a
7 check from them, I haven't got a check from
8 them.
9 Q. Sir, it doesn't mean whether you got
10 a check from them or not. You have a number
11 of degrees. You are an educated man. You
12 have been a businessman all of your life. It
13 is a simple question.
14 When did you become the medical
15 director for TASER International, Inc.? Two
16 weeks ago, two months ago? Tell me.
17 A. Oh, I am not sure that I can say
18 that I am even yet because I don't have cards.
19 I don't have any -- I don't have an official
20 statement from them. I don't have a letter.
21 I don't have anything other than the
22 presentation of myself as the newly appointed
23 medical director of TASER International at their
24 big annual meeting here a few weeks ago in Las
25 Vegas.
00023
1 Q. So you would not have --
2 MR. HOFFMAN: Lin, may I ask you a
3 question?
4 MR. WOOD: No. Ask me a question?
5 MR. HOFFMAN: Yes. Are you asking
6 him when he actually began performing any duties
7 as a medical director for TASER?
8 MR. WOOD: I am not. I am asking
9 him when he became the medical director for
10 TASER International, Inc., period. That's my
11 question.
12 MR. HOFFMAN: Okay. Thank you.
13 Q. (By Mr. Wood) So you would not
14 have represented yourself as a medical director
15 for TASER International, Inc. until two weeks
16 ago when the announcement was made in Las Vegas,
17 right?
18 A. It certainly would have been an
19 unofficial or in the context of being that that
20 was a discussion that was ongoing and it was
21 highly likely that it would occur.
22 Q. But it had not occurred prior to two
23 weeks ago?
24 A. Prior to two weeks ago, it had not
25 occurred.
00024
1 Q. And you had not, as Mr. Hoffman
2 suggested a good question, you had not taken on
3 any actual job responsibilities as the medical
4 director until two weeks ago; is that true?
5 A. The job responsibility --
6 Q. Is that true?
7 A. That is true, yes.
8 Q. And you don't know how much they are
9 going to pay you for that job; do you?
10 A. Yes.
11 Q. How much?
12 A. They proposed to pay me $1,000 a
13 month as a retainer. The other activities will
14 be over and above that.
15 Q. And what about stock options, do you
16 have any stock options in TASER International,
17 Inc.?
18 A. No, I don't.
19 Q. Do you own any stock in that
20 company?
21 A. No.
22 Q. Have you been made any promises that
23 you would receive any such benefits --
24 A. No.
25 Q. -- from being associated with them?
00025
1 A. No, I have not.
2 Q. Have you ever had any stock options?
3 A. Yes.
4 Q. In TASER International, Inc.?
5 A. Yes.
6 Q. Tell me about those.
7 A. I was compensated by stock option
8 exclusively for work that I did for them several
9 years ago on animal studies for their device.
10 Those options matured and were executed.
11 Q. You purchased the stock?
12 A. Yeah. And I purchased the stock,
13 and I sold the stock. Actually I divided it
14 up amongst my relatives is what I did with it.
15 Q. How many shares of stock are we
16 talking about?
17 A. About 3,000.
18 Q. How much profit did you make on that
19 sale, gross?
20 A. About $40,000.
21 Q. $40,000 gross profit on the sale of
22 the stock of TASER International, Inc.?
23 A. Over the exercise price, yes.
24 Q. Over the exercise price. TASER
25 International, Inc. stock, right?
00026
1 A. Right.
2 (Defendants' Exhibit-4 was marked for
3 identification.)
4 Q. (By Mr. Wood) Defendants' Exhibit-3.
5 Let me have back No. 2.
6 A. You want three?
7 Q. I want No. 2. I want you to look
8 at No. 3.

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  Cina Wong
Posted by: jameson245 - 03-29-2017, 04:27 PM - Forum: Discredited and discounted witnesses in this case - Replies (7)

from Federal Judge Julie Carnes

Plaintiff, however, asserts that his retained experts believe Mrs. Ramsey to be the author of the Ransom Note. Indeed, Gideon Epstein and Cina Wong, the handwriting experts proffered by plaintiff, opine that they are "100 percent certain" Mrs. Ramsey wrote the Ransom Note. (SMF ¶ 256; PSMF ¶ 256; PSDMF ¶¶ 1-2.) In contrast to the experts relied upon by defendants and by the Boulder Police Department, however, neither of these experts have ever seen or examined the original Ransom Note. (SMF ¶ 256; PSMF ¶ 256.) In fact, Mr. Epstein and Ms. Wong do not know what "generation" copy of the Ransom Note they examined. (SMF ¶ 257; PSMF ¶ 257.) Ms. Wong received her copy of the Ransom Note and certain writings alleged to be historical writings of Mrs. Ramsey from the tabloid, The National Enquirer. (SMF ¶ 258; PSMF ¶ 258.)

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  Tom Miller
Posted by: jameson245 - 03-29-2017, 04:11 PM - Forum: Discredited and discounted witnesses in this case - Replies (4)

handwriting expert.

first his affidavit

AFFIDAVIT OF THOMAS C. MILLER

STATE OF COLORADO)

Ss.:

COUNTY OF DENVER

THOMAS C. MILLER, being duly sworn, deposes and states:

I am a forensic document examiner, commonly referred to as a questioned document examiner or handwriting expert.

I am a Colorado Court-certified examiner with eleven years experience examining questioned documents.

I have been admitted by the Colorado courts as an expert witness in connection with questioned documents and handwriting analysis. I have given testimony in courts of law as a handwriting expert, and I have been qualified to testify.

I have offices located in Denver, Colorado, and I am admitted to practice law before the courts in Colorado as an attorney at law.

I have made a careful comparison and examination of the "ransom" note and the exemplars of Patsy Ramsey and I have reached the opinion that the handwritings are probably the same.

Based upon the exemplars available, the handwriting of the "ransom" note and that of Patsy Ramsey have numerous and significant areas of comparison.

Among the most telling areas of comparison are the shape, size, slant, continuity, arrangement and baseline of the "ransom" note and Patsy Ramsey's exemplars.

Attached to this affidavit is a complete report of my findings and conclusions.

This affidavit and the handwriting report attached hereto represent an analysis based upon exemplars believed to be in the hand of Patsy Ramsey. In the absence of original documents, speed and pressure in the handwriting cannot be adequately analyzed. It should be noted that the taking of verified exemplars from Patsy Ramsey was not available to the affiant. It is highly recommended that additional exemplars be provided or located and that access to the original "ransom" note be provided in order to more firmly establish the conclusions of this affidavit and report.

However, given the many categories and significant and numerous areas of comparison between the "ransom" note and Patsy Ramsey's handwriting, it is my opinion that Patsy Ramsey wrote the "ransom" note.

DATED: November 12, 1997.

(Signature of Thomas Miller)

THOMAS C. MILLER

Sworn to and subscribed before me on November 12, 1997, in Denver, Colorado.

(Signature of Notary)

My Commission Expires March 2, 1999

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