That it does.
I'm not really sure where else to put this, so I guess here is as good as any. This is quoted material from Gideon Epstein's final report:
Patsy Ramsey has been positively indentified as the ransom note writer. There is no doubt in the view of this examiner. After making my examination of the ransom note and the exemplars of PR, I consulted with Larry Zieglar and Richard Williams, both former FBI document examiners, each with more than 25 years experience. They were both given the same exemplars as myself and they both reached the same conclusion independently.
Epstein also believed that PR had tried to alter her natural handwriting in the samples she provided to police (take note that he says a lot of the things that HOTYH has said in the past):
Nowhere in the submissions provided by plaintiffs is there any attempt to show by what
methodology Mr. Epstein reaches a conclusion of absolute certainty that a given person is, in
fact, the writer of a questioned document.
26 In his response to defendants' Motion In Limine, plaintiff has provided conclusory affidavits
from other experts indicating that they agree with Epstein's methodology and conclusion. Yet,
those opinions beg the question. One does not know by what methodology these other
individuals reach their conclusion that Epstein can make a determination with "absolute
certainty." When the predictive ability of a professed skill is questioned, the belief of multiple
practitioners of that skill that its exercise produces a reliable result still provides no basis for
determining the ultimate soundness of the determination. Further, these individuals were not
disclosed as experts in the case and they did not provide expert reports, as required by Rule
26. Fed. R. Civ. P. 26(2) (B) (requiring that, unless otherwise agreed, the proponent of an
expert must disclose the expert's name and a written report "prepared and signed by the
witness" that, inter alia, includes a "complete statement of all opinions to be expressed and
the basis and reasons thereof.")
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Defendants persuasively argue that Epstein
was unable to identify any unique characteristics of Mrs. Ramsey's handwriting that were mimicked in the Ransom Note. (Def.
's Mtn. in Lim. <68> at 9). Instead. Epstein bases his conclusion on perceived similarities
between the two. Id. Yet, as noted by defendants, Epstein never indicates how many
similarities or what kind of similarities are required before he can reach absolute certainty,
50% certainty, or no certainty, at all. Further, as defendants also note, whenever encountering
any differences between the known writing of Mrs. Ramsey and the Ransom Note, Epstein
finds refuge in the explanation that Mrs. Ramsey must have been trying to disguise her
handwriting. (See id.) While it is, of course, possible that differences between known writing
and questioned documents are the result of a known writer's efforts to disguise her
handwriting, it is just as plausible that the differences can occur because the' known writer is
not the author of the questioned matter. On that issue, Epstein offers no hint of the
methodology that he employs to distinguish between disguised writing and writing that is
simply being provided by two different people.
The underlying notion behind Daubert, and all good science, is that a given premise or
principle should be capable of being tested to determine whether the principle is, in fact,
sound. Thus, if Epstein indicated, for example, that whenever a writer of known material has x
number of similarities, there is a given probability that the writer wrote the note--and if this
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methodology had been tested by reliable means in the past--then Epstein would have shown
reliability in the methodology that he used to reach a determination of the likelihood of his
conclusion. As it is, however, Epstein's explanation for his conclusion seems to be little more
than "Trust me; I'm an expert." Daubert case law has indicated that such an assertion, which
seems to be based more on intuition than on scientific reasoning, is insufficient. Accordingly,
the Court concludes that while Epstein can properly assist the trier of fact by pointing out
marked differences and unusual similarities between Mrs. Ramsey's writing and the Ransom
Note,
he has not demonstrated a methodology whereby he can draw a conclusion, to an
absolute certainty, that a given writer wrote the Note. 27