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Amerithrax — Part 13
Page 174
174 / 189
was proper because Rios s testimon
at
Rosario
possessed the check provided the same corroboration for
the handwriting experts testimony that the fingerprint
evidence in Rivamonte and
Richardson did
Wh tth
bt f
I http://vls.law.vill.edu/locator/3d/July199
~
u
92
.
|
.
.
v
a is
I o
forensic gymnastics neglects to explain, however, is
that the
government's fingerprint
expert was unable to identify any
finger or palm prints belonging to Rosario on the Andrade
check. App. at 42A-43A. Thus, the government was forced
to rely on Rios's
testimony as
the "equivalent"
of fingerprint
evidence precisely
because there
was no fingerprint
evidence available to support the conclusion that Rosario
forged Ana Andrades name on the back of the stolen check
Rather than lend credibility
to the ambiguous handwriting
testimony offered in this case the governments reliance on
Rios s testimony highlights
the dearth of evidence offered by
the government
to meet its burden of proof Simply stated
l The majority correctly
states
that
in Henderson
the government
offered
no evidence that Mr Henderson had ever possessed the stolen check.
Mai Opinion at 8 l note however, that
the government
similarly failed
to offer any evidence specifically relating to Mr Henderson s intent to
CIGTFGLIO Knowledge
or state
or
mind
Page 26 of 29
5/10/2005
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