Ceglia v. Zuckerberg et al

Filing 589

DECLARATION signed by Alexander H. Southwell re 588 Reply to Response to Motion filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Snyder, Orin)

EXHIBIT K

November 2010
Vol. 40 — Issue 6
Editor: Sonya Bynoe

President’s Message

Joseph P. Bono, MA

A few words on some important decisions since
the last newsletter are in order. The American
Academy of Forensic Sciences has settled a
federal lawsuit brought by a former member of its
Questioned Documents Section, James A.
Blanco, who was expelled from the Academy in
2008, following an ethics investigation. The
settlement brings an end to proceedings that
began in 2006 when an ethics complaint was filed
against Mr. Blanco. The Board of Directors
deliberated long and hard, and with due diligence,
in reaching an agreement which we believe is in
the best interests of the Academy, not for a week,
a month or even a year, but rather, long term.
The Board examined the issues from every angle,
considered the ramifications of the alternatives,
carefully weighed the options and the advice of its
counsel, and then resolved to enter into a
settlement. This was not an easy decision for the
Board and was one of those instances when the
Board’s vote was not unanimous. While I
recognize that it is a matter upon which
reasonable minds might disagree, the vote of the
Board demonstrates the overwhelming support
for the decision and the resulting actions
described later in this message.
On June 13, 2008, following an evidentiary
hearing, the Academy’s Ethics Committee found
clear and convincing evidence that Blanco had

violated Section 1(a) of the Academy’s Code of
Ethics and Conduct by submitting an erroneous
and misleading report to be used in the judicial
process, thereby diminishing confidence in
forensic scientists and their disciplines. The Ethics
Committee also found, by clear and convincing
evidence, that Blanco had violated Section 1(c) of
the Code of Ethics and Conduct by knowingly
misrepresenting the data used to arrive at the
conclusions in his report. As a result, the Ethics
Committee recommended that Blanco be
expelled from the Academy. And in September
2008, the Board voted to accept the
recommendation of the Ethics Committee.
The settlement of the Blanco suit in September
2010 did not undermine the decision of the
Ethics Committee or the Board decision in
September 2008. The Board’s actions a few
weeks ago produced a decision eliminating any
uncertainty in the result. It is possible that a
lengthy litigation process would not have
produced those same results. At the same time
the Academy’s assets are protected. Keep in
mind that the records of what transpired in this
case are permanent and available in the public
domain, and they document the sequence of
every step in this process. There should be little
uncertainty in reasons for the settlement
agreement.

continued on page 3

ATTENTION ALL MEETING REGISTRANTS!
The 2011 AAFS Annual Scientific Meeting Pre-Registration Form is provided in this issue of the
Academy News, on page 12. Attendance at all special functions (breakfast seminars, luncheons, special
sessions, and workshops) is by pre-registration only.
The deadline for pre-registration is January 26, 2011. The deadline is firm.
To ensure your full participation, don’t delay! Send in your registration form today, or go to the AAFS
website (www.aafs.org) and register online! Pre-registration forms received after January 26, 2011, will be
processed as on-site registrations which will VOID your registration/attendance for ALL special functions
(breakfasts, luncheons, workshops, and special sessions).

Officers 2010-2011
PRESIDENT

Joseph P. Bono, MA
PRESIDENT-ELECT

Douglas H. Ubelaker, PhD
PAST PRESIDENT

Thomas L. Bohan, PhD, JD
VICE PRESIDENTS

Daniel A. Martell, PhD
John L. Sang, MS
SECRETARY

Robert E. Barsley, DDS, JD
TREASURER

Barry K. Logan, PhD

Board of Directors
CRIMINALISTICS

Susan M. Ballou, MS

DIGITAL & MULTIMEDIA SCIENCES

Zeno J. Geradts, PhD

ENGINEERING SCIENCES

Robert N. Anderson, PhD
GENERAL

John E. Gerns, MFS
JURISPRUDENCE

Betty Layne DesPortes, JD
ODONTOLOGY

Robert B.J. Dorion, DDS
PATHOLOGY/BIOLOGY

Victor W. Weedn, MD, JD

PHYSICAL ANTHROPOLOGY

Norman J. Sauer, PhD

PSYCHIATRY & BEHAVIORAL SCIENCE

Stephen B. Billick, MD

QUESTIONED DOCUMENTS

William M. Riordan, BA
TOXICOLOGY

Marilyn A. Huestis, PhD

AAFS Staff

EXECUTIVE DIRECTOR

Anne Warren

EXECUTIVE ASSISTANT &
CE COORDINATOR

Kimberly Wrasse

DIRECTOR OF DEVELOPMENT
& ACCREDITATION

Nancy Jackson

FINANCE MANAGER

Debbie Crockett

ACCOUNTING ASSISTANT

Tracie McCray

MEETINGS & EXPOSITIONS MANAGER

Sondra Doolittle

ASSISTANT MEETINGS MANAGER

Salena Grant

MEETINGS ASSISTANT &
VOLUNTEER COORDINATOR

Amber Olson

PUBLICATIONS COORDINATOR

Sonya Bynoe

MEMBERSHIP COORDINATOR

Cheryl Hunter

MEMBERSHIP ASSISTANT

Christie Vigil

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RECEPTIONIST

Phyllis Gilliam

Inside This Issue

President’s Message ................................................................................................................ 1
Gradwohl Medallion To Be Awarded .................................................................................. 3
Distinguished Fellow Awards to be Presented in Chicago .................................................. 3
In Memoriam: Homer R. Campbell, Jr., DDS .................................................................. 4
President-Elect’s Message ...................................................................................................... 5
Legislative Corner.................................................................................................................... 6
Reliable, Relevant and Valid Forensic Science - Digital & Multimedia Sciences .............. 7
A Word From Your 2011 Program Chair............................................................................ 8
63rd Annual Meeting Workshops ........................................................................................ 9
63rd Annual Mmeting Special Sessions & Evening Sessions ............................................ 10
63rd Annual Meeting Breakfasts & Luncheon Seminars .................................................. 11
AAFS 2011 Annual Meeting Registration Form..................................................................12
Bring Your Own Slides Session Form..................................................................................13
Chicago 2011 Volunteer Form..............................................................................................14
FSF Silent Auction ................................................................................................................ 15
Chicago Hotel Information ..................................................................................................16
AAFS Policy On Abstracts and Presentations .................................................................... 17
Richard Rosner Award Guidelines ...................................................................................... 17
AAFS Annual Meeting Employment Forum...................................................................... 18
Guidelines for Using An LCD Projectors .......................................................................... 18
Guidelines for Poster Presentations .................................................................................... 19
Guidelines for Toxicology Poster Presentations ..................................................................20
FEPAC News ........................................................................................................................ 21
Planning & Development .................................................................................................... 23
FSF Announces the 2010-11 Awards and Grants .............................................................. 25
FSF Jan S. Bashinski Grant Award ......................................................................................26
FSF Contest ............................................................................................................................27
Section News ........................................................................................................................ 29
FSF Contributors .................................................................................................................. 35
In Memoriam........................................................................................................................ 36
Contributing Article: Going Ballistic(s) .............................................................................. 37
Applicants .............................................................................................................................. 40
Young Forensic Scientists Forum Newsletter...................................................................... 50
Meetings & Conferences .............................................................................................. 53

Future AAFS Annual Meeting Dates

February 20-25, 2012
Atlanta Marriott Marquis
Atlanta, GA
February 18-23, 2013
Marriott Wardman Park
Washington, DC

February 17-22, 2014
Washington State Convention & Trade Center
Seattle, WA

February 15-20, 2016
Rio Las Vegas Hotel
Las Vegas, NV

February 16-21, 2015
The Peabody Orlando
Orlando, FL

Academy News (ISSN#: 0739-7666) is published bi-monthly by the American Academy of Forensic
Sciences, 410 North 21st Street, Colorado Springs, CO 80904. Periodicals postage paid at Colorado
Springs, CO 80904. Postmaster: Send address change to Academy News, 410 N. 21st Street, Colorado
Springs, CO 80904. The deadline for inclusion of material in the next issue of Academy News is
December 1, 2010.

Academy News

Kurt M. Dubowski to Receive Gradwohl Medallion

The American Academy of Forensic Sciences Board of Directors is very pleased to announce that Kurt M. Dubowski, PhD,
Fellow in the Toxicology Section, has been named R.B.H. Gradwohl Laureate—the Academy’s highest honor. Dr. Dubowski will
receive the Gradwohl Medallion during the Annual Business Meeting in Chicago, IL, on Wednesday, February 23, 2011.
The Gradwohl Medallion is conferred upon only those persons who have attained exceptional distinction in the advancement of
the forensic sciences, who have given outstanding service to the AAFS over a long period of time, and who have achieved
outstanding recognition in a public position through service to the forensic science profession. Gradwohl Laureates are not named
regularly, but rather only when recognizing an individual of exceptional distinction. Since the award was established in 1974, only
11 other professionals have been given the honor.

Three Distinguished Fellow Awards to be Presented in Chicago

The AAFS Board of Directors has named three 2011 Distinguished Fellows who will be recognized for their contributions to the
Academy and to the profession during the 63rd Annual Meeting in Chicago, IL. Mary Fran Ernst, BLS, Fellow in the General Section;
Patricia J. McFeeley, MD, Fellow in the Pathology/Biology Section; and Richard Rosner, MD, Fellow in the Psychiatry & Behavioral
Science Section, will be conferred with the honor of “Distinguished Fellow” during the Annual Business Meeting in Chicago on
Wednesday, February 23, 2011.

President’s Message cont.

Section 1 of the settlement agreement reads:

Vacation of Expulsion and Resignation. The parties agree to
the following: (1) AAFS hereby vacates its September 16,
2008 expulsion order of the Board of Directors of AAFS; (2)
Simultaneously with AAFS’s vacating of its September 16,
2008 expulsion order, Blanco’s resignation from the AAFS
will deemed to have been tendered and accepted; and (3)
Blanco will never reapply for membership in the AAFS in
the future.
No money was paid to anyone in this settlement, nor were
any Ethics Committee findings overturned or vacated.

While I can understand the opinions of some regarding the whys
and wherefores of the Board’s decision, I believe that the Board
acted in the best interests of the membership by concluding this
litigation. The sequence of events concluded with the exact same
result (termination of membership) that would have been hoped
for had the lawsuit continued over a period of years.
Finally, I want to again thank the Board for the collective wisdom
and courage displayed in bringing this issue to closure. Any
group of leaders can function when difficult decisions are not a
part of their responsibilities. In this instance, the decision was
difficult and required resolve because we knew that the resulting
settlement would not be popular in the minds of many. At the
same time we realized that the decision was in the best long-term
interest of the welfare of the Academy. And while there will
always be those who disagree and dissent, which is their right and
one which I will always support, at the same time I will always
believe that the correct decision was made in this instance.
As we prepare for the upcoming meeting, I look forward to seeing
everyone again in Chicago in February for more important
discussions, in both formal and informal sessions. This has been

Academy News

a challenging year for forensic science professionals in all
disciplines; however, it has been a year in which we have had a
unique opportunity to think about what we must do to strengthen
our role in the judicial process. I appreciate the letters of support
which I have received throughout the year. I also appreciate and
respect those with dissenting points of view. When asked why I
do not respond directly to those with opposing views, my thought
processes remain unchanged: those with opposing viewpoints
have the same rights as I have in expressing their opinions. In the
end, I believe that the truth (there’s that term which keeps coming
up again) will always prevail. Words matter; however, repetition
is not the determining factor in the veracity of an argument. Time
is the determining factor, and patience will always trump bravado
in seeking the best ways to advance our profession, especially in
these times when too many claim to be “experts in all things
forensic.”
The 2010 AAFS International Educational Outreach Program
visit to France was a great success. Eric Baccino, a Fellow in the
Pathology/Biology Section, was instrumental in making our visit to
France one of the most beneficial the Academy has ever
experienced. This visit served as a continuation of the friendship
and cooperation between the forensic science and judicial
communities in France and the United States. To Dr. Baccino
and our colleagues in France, I extend a special thank you for the
fond memories and educational opportunities during our nine
days in your beautiful country.
The Board of Directors has accepted a recommendation of the
Executive Committee based on a committee report to remind
members that they should cite Academy membership when
speaking in public. At the same time, when this happens,
statements by Academy membership must not be misconstrued as
speaking for the Academy, which is allowed only by the President
and President-Elect.

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