1800 Camden Road
Suite 107-137
Charlotte, NC 28203
Phone:  704-726-1396
Fax:  704-342-0272

  North Carolina NC Forensic Document Examiner Thomas Grogan
   


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North Carolina NC Forensic Document Examiner Thomas Grogan
FAQs

What is a handwriting expert / document examiner?
Document examination and handwriting identification is a discriminatory process that derives from the comparison of writing habits and evaluates the significance of their similarities and differences.  A person performing this discipline is referred to as a forensic document examiner and sometimes called a handwriting expert or handwriting analyst.

What is the difference between document examination and graphology?
Graphology is the study of determining personality traits from the handwriting and establishing a psychological profile based on the formation of the letters and position of the writing on the page. Document examination does not involve the personality characteristics of a writer, only whether a specific writer is the author of the writing or document that is in question. Think of it like astronomy and astrology. Both study the stars but each has different applications. The same goes for document examination and graphology. They both study handwriting but each have a different focus, each are different disciplines and therefore require different forms of training to acquire competency in each. Just because someone is a graphologist does not mean they are qualified to perform forensic document examination.

What is a forgery?
According to the FBI, a FORGERY is defined as “the altering, copying, or imitation of something, without authority or right, with the intent to deceive or defraud by passing the copy of thing altered or imitated as that which is original or genuine; or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud.

Is forensic document examination an art or a science?
It is an art that uses scientific instruments and methods. Similar to how a radiologist interprets the images from an X-ray. Alwyn Cole said, "In the sense that it is classified, formulated and verifiable knowledge gathered by observation, research, and experiment, it is scientific knowledge."

How much does a handwriting expert charge to render an opinion?
I work on retainer fee, like a lawyer. At the conclusion of my investigation, I will contact you with a verbal opinion. If my opinion is found in your favor, I will also supply you with a notarized letter stating my opinion. If not, then the balance of the retainer fee that applies to written opinion will be refunded to you. All other charges are dependent on the type of case and whether the case goes to court. I can discuss the details of such charges during your free initial consultation visit.  See the Fee Schedule page for a complete list.

What training does a handwriting expert have to have in order to testify in a court of law?
Until recent years, the only document examiners have been former government employees. Opportunities for the private practitioner were next to null. Very few colleges nationwide offer any extent of document examination and only rudimentary at best as introductory courses in criminal justice degrees.  The only form of training that was available during pre WWII (1939) was self taught. This form launched the likes of renowned handwriting experts as Osborn, Hagan, Ames, Stein and others. Correspondence courses have also provided a degree of training but without the hands on experience and side by side training. The most effective and widely accepted form of training to date is the apprenticeship. All professional organizations for document examiners require at least a two year apprenticeship with a full time qualified examiner. Apprenticeship is the form of training I have primarily studied in. Actually, a handwriting experts’ training is ongoing and continues throughout life as they attend training conferences, conduct research and publish articles for trade journals. There are no state or nationally recognized certification programs for the specialty field of forensic document examination. An examiner’s certification comes from the apprenticeship or training of which he/she served. Even “board certifications” are based only on the specific organization’s standard, completely independent of other organizations.

According to Hilton in his book "Scientific Examination of Questioned Documents," (Callaghan & Co., Chicago, IL., ©1956): "The most important qualification of a witness is his ability to do the work. There is no school at which a document examiner, unlike an engineer or a doctor, can study to prepare himself. Some universities have offered special courses on questioned document examination, but these have not as yet been of high enough caliber to develop a proficient worker. Rather, they give only a survey of the principles of the work. Self-study is the chief means of gaining this special knowledge, and some men have been able to supplement this study by apprenticeship or association with a recognized document examiner or in a recognized laboratory. Self-education must include study by experimentation and systematic research. Publication of results in books and recognized journals is good evidence of this phase of competency. The usual recital of the answers on the various qualifying points unfortunately tends to make even the most incompetent man sound qualified. But this method of determining the fitness of an expert is of long tradition, and at the present there does not seem to be any better means for a court to determine who is and who is not qualified."

Can I just fax the handwriting sample in, or must you have the originals?
Sometimes a fax is the only thing I have to examine. But the originals are better. It is vitally important if I am to prove that my opinion is correct in a court of law. There are things that the originals can reveal to me that I simply will not get from a Xerox copy or fax. For both our protection, I also require all interested parties to sign a Chain of Custody form.

Will this opinion be accepted in a court of law?
The first thing an expert witness is required to do is qualify in a court of law by decision of the judge. Once an expert’s qualifications are accepted by the court, their opinion will be admissible.

According to the Federal Rules of Evidence; Article VII; Rule 702, “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.”

Also, legal authorities agree that, “An expert is a person who has special and competent knowledge of a subject, and who obtained this special knowledge either through study or through experience.” (Miller vs State, Okla. Cr. 255, 131 Page 717)

(NOWHERE in any documentation does it state that an expert is REQUIRED to be trained by a government or law enforcement agency.)

Does document examination and handwriting identification meet the requirements of the
Daubert Rule?

Ever since the United States Supreme Court handed down its decision in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786. 125 L.Ed.2d 469 (1993), the forensic document examination field has been challenged as not meeting the Daubert factors required for the admissibility of scientific evidence. The Supreme Court envisioned that trial courts would conduct a factor based analysis when determining whether the testimony was reliable: (1) "whether the theory of technique can be and has been tested" (2) "whether the theory or technique has been subjected to peer review and publication" (3) "the known or potential rate of error" (4) "the existence and maintenance of standards controlling the technique's operation" and, finally, (5) "'general acceptance' can yet have a bearing on the inquiry." However, the opinion noted that the factors did not comprise a definitive checklist or test. On May 13, 1999, the United States Court of Appeals for the Eleventh Circuit held that the district court properly admitted handwriting identification evidence as satisfying the "scientifically reliable" criteria of the Daubert case in United States v. Paul,....175 F.3d 90.6 (11th Cir. 1999). The Daubert inquiry is to be a flexible one. All of the factors identified in Daubert that guarantee the kind of reliability the Supreme Court said was needed for admissibility of opinions based upon scientific knowledge do not necessarily apply to all forms of expert testimony with the same rigor. Conventional wisdom holds that these factors cannot be applied, in the manner spelled out in Daubert, to handwriting identification or to many other forensic sciences where cases deal with problems that are unique and where the accuracy of a specific finding cannot be stated with a measurable statistical degree of confidence. The questioned document profession meets the most stringent of Daubert requirements. Finally, it is clear to the Court that handwriting identification and document examination has received broad acceptance. Law enforcement agencies such as Interpol, Scotland Yard, the Central Intelligence Agency, the Federal Bureau of Investigation and the United States Postal Inspection service use handwriting analysis.

What process is used in document examination / handwriting identification?
The careful and systematic use of evidence that is common to most if not all disciplines of forensic science is directed towards the identification of something unknown. This process is commonly referred to as the Law of ACE: Analysis, Comparison, and Evaluation. When any two writings possess a combination of similar and independent characteristics, corresponding in relationship to each other, of such frequency and significance as to preclude the possibility of coincidence, it may be concluded that they are the same in nature or are related to a common source. Some noted and respected authorities have said that there are 21 elements of writing that can be involved in the identification process.

What makes document examination / handwriting identification possible?
Handwriting is brain writing. No two people write exactly the same. Handwriting identification is based on two accepted principals (habituation and the individuality of the writing) and a corollary to one (discriminative reliability of the identification process).

How many differences does it take to determine that two signatures were written by two different individuals?
According to Ordway Hilton in his book “Scientific Examination of Questioned Documents" (Callaghan & Co., Chicago, IL. ©1956), “A single significant difference between the (known and unknown) specimens is a strong indication of two writers, unless the divergency can be logically accounted for by the facts surrounding the preparations of the specimens.”

Furthermore, Wilson R. Harrison says in “Suspect Documents” (Fredrick A Praeger, NY, NY. © 1958), “The rule that a single consistent dissimilarity, irrespective of the number and nature of the similarities which are demonstrable must exclude any possibility of common authorship may seem harsh, but in practice, it is exceptional for handwritings by different authors to be found to differ in but one material particular.”

James V. P. Conway says in “Evidential Documents” (Charles C Thomas, Springfield, MA. ©1959), “The series of fundamental agreements in identifying individualities is requisite to the conclusion that two writings were authored by the same person, whereas a single fundamental difference in an identifying individuality between two writings precludes the conclusion that they were executed by the same person.”

Are you available to come to my business / group / organization to speak?
I am available and qualified to conduct public seminars and presentations instructing your business or organization about aspects of forgery and document examination pertinent to your needs and interests.  I have various topics that I present.

  • “The Making of a Forgery” details how someone’s public signature relates to Identity Theft.
  • “Forgery Proof Your Signature” details proactive ways people can form their signature in such a way that it would be difficult to copy and what steps to take to prove your innocence if you are a victim of ID theft via forgery.
  • “Medical Fraud and Prescription Forgery” details the red flags of altered or fraudulent prescriptions. Also covers recent legislations due to the rise in ‘meth labs’ that has caused some stores to remove common OTC drugs from the shelves.
  • “Red Flags of Forged Checks” details tell tale signs of a forged or altered check. Also covers issue of check washing and discusses security measures.
  • “Credit Card Fraud” details proactive ways people can prevent their credit cards from being duplicated and used. Also covers preventive security measures in current use.

All of these presentations can be adjusted and custom made to address specific concerns and interests.  Contact me to discuss speaker’s fees and to schedule a presentation to your business or group.  First come first serve and availability is dependent on current case work load and court appointments..


Portions of the answers on this page written by Thomas Grogan and adapted from “Handwriting Identification: Facts and Fundamentals” by Roy Huber and A. M. Headrick, "Attorney's Guide to Document Examination" by Katherine Koppenhaver and various Forensic Evidence journals. Additional sources are as noted.

     

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