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 G

2003 WL 25430114 (S.D.W.Va.)

For Dockets See 2:01cv00933
United States District Court, S.D. West Virginia.
Romie R. EDENS, Jr., Plaintiff,
v.
George L. KENNEDY, individually and/or in his
capacity as a Senior Trooper for the West Virginia
State Police, Defendant.
No. 2:01-0933.
July 22, 2003.
Deposition of James A. Blanco
Case Type: Civil Rights & Constitutional Law >>
Search & Seizure
Jurisdiction: S.D.W.Va.
Name of Expert: James A. Blanco
Area of Expertise: Forensics >> Document Examiner/Handwriting
Representing: Unknown
Honorable Charles Haden.
LAW OFFICES OF STEPTOE & JOHNSON
7TH FLOOR, BANK ONE CENTER
CHARLESTON, WEST VIRGINIA 25301
Barbara Harris
Certified Court Reporter
2504 KANAWHA AVE SE
CHARLESTON, WV 25304

Page 1

Q It's possible that Q-1 and Q-2 were, in fact,
signed by Magistrate Carper?
A Yeah, but you understand that's not my testimony.
Q I understand that, but you agree that it's possible?
A It's possible.
Q I want you to look at Q-1 and Q-2 and tell me
what similarities Q-1 and Q-2 have to K-1 through
K-8? In other words, if I hired you and said I want
you to prove to me that Q-1 and Q-2 were, in fact,
signed by the same person that signed K-1 through
K-8, what similarities would you look at to prove
that?
A Okay. To focus on similarities?
Q Yes.
A I would say the general form of the T bears some
similarity with the specimen signatures. The R in
the given name, there is some similarities. I'm looking. The lower case I, its form and its proportion to
the C bears some similarity. The middle initial L in
its slant, in its relationship of the upper loop or upper motion, if you will, to the lower left motion
bears some similarity. The P bears some construction and form similarity to the P?? below or the
specimen Ps. And the extension, the final extension
of the sir name bears some similarity with the final
extension of the sir name, I don't have it right here,
but it's the first known specimen signature at the
top left.
Q K-1,2, I believe?

304/345-4742
Q That's not my question. My question is, in the
world of possibilities, is it possible that Q-1 and Q2 were signed by Magistrate Carper?
A In the world of possibilities, I have to give you
that and say that's a possibility.

A K-l,2, yes.
Q And that's you comparing Q-1 to K-l through K8, correct?
A That is correct.

© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.

2003 WL 25430114 (S.D.W.Va.)

Page 2

Q If you compare Q-2 to K-1 through K-8, what
similarities do you see between Q-2 and K-1
through K-8?

circled something there and highlighted?

A Well, for the most part the same.

?? element, if you will, that doesn't enter into your
equation at all?

A Yes.

Q Okay.
A No, it doesn't.
A For most part the same.
Q How strong is your opinion in this case?
Q Any differences between Q-1 and Q-2, any similarities that you see in one that you don't see in the
other one?

A I have stated in my formal report that the signature is a forgery, and to me, that's a high level of
certainty.

A Not that I note right here. Not that I
Q How high of a level of certainty is that for you?
Q So I couldn't go out and hire an expert, you think,
that would testify to the exact contrary to what
you've testified here today?
A Sure, you could.
Q Because experts, you can pretty much get them to
say anything, can't you?

A Well, that's what I believe it is. In my experience
and training and based on the evidence that I have
available to me, that's my conviction and my belief
is that they are forged.
Q Are you're talking about a 51 versus 49 percent
or how strong is your conviction that this is, in fact,
a forgery?

A Yes, you could.
Q All right. Let's talk a little bit more and then I'm
going to wrap this thing up. I think you already said
this, but I want to make sure I'm right. You're not
going to testify that the trooper was the person that
“forged these documents”?

A Well, keeping in mind I'm not a mathematician,
just trying to state that, trying to put it in a percentage, I'd say 95 percent.
Q So you're 95 percent sure you're correct?
A Yes.

A Correct, I'm not going to say -- I'm not prepared
to say he did.

Q Willing to stake your professional reputation On
that?

Q And you're not going to say that at trial?
A Oh, absolutely.
A Correct, I won't.
END OF DOCUMENT

Q I noticed that -MR. SUWAK: I may have to get one of those experts you say I can get to say anything for that purpose.
BY MR. MULLINS:
Q I think on Exhibit 14, it looks like you have

© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.