Can’t Fight the Government? At Least Limit its Victory When Documentary Evidence Takes far too much for Granted


Defendant in a Federal criminal case, U.S. vs. Floresca, was accused of making forged documents. The question at issue was were the precise documents filed with the court those he had allegedly admitted forging. Only copies were available of all documents at issue. The Government filed a motion both to exclude defense document examiner’s evidence on grounds of its not being relevant, the defense examiner’s report already having been filed with the court, and to bar all similar evidence in the future. I could not find in the Court’s on-line docket a ruling on the Government’s motion. Thus, only the motion by the Government and the reply affidavit that the defense document examiner had submitted to Defense Counsel for filing with the Court are included. Since a settlement was reached by a plea bargain, there was no trial.

The defense examiner’s reply affidavit provides ideas how to evaluate and reply to like motions against your proffered evidence. Since most forensic examiners lack the research skills, the mastery of logic and the ability for critical analysis needed for such replies, I would be pleased to explore what I might be able to do to assist you on the technical aspects of the issue.

Case: U.S. v Floresca