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Amerithrax — Part 13
Page 176
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andres that Rosario had the eave wledge and.
ite of mind necessary to support her conviction. Such
sonsistencies further reinforce my conclusion that the
fidence proffered in this case permitted the jury to do little
‘ore than speculate as to Rosario's guilt.
isummary, | believe that the evidence adduced by the
overnment at trial falls far below the horizon of certainty
ve require in criminal prosecutions and is not sufficient to
tonvict Rosario beyond a reasonable doubt. Handwriting
analysis is at best an inexact science, and at worst mere
speculation itself. See, e.g., D. Michael Risinger et al.,
Exorcism of Ignorance as a Proxy for Rational Knowledge:
The Lessons of Handwriting Identification “Expertise”, 137
U. Pa. L. Rev. 731, 739 (1989) (reporting that "[fJrom the
perspective of published empirical verification, handwriting
identification expertise is almost nonexistent"). As such, |
do not believe that wholly ambiguous testimony from a
handwriting "expert" and selected testimony from a witness
receiving favorable treatment from the government can
16
satisfy the government's burden of proof. Accordingly, |
would reverse Rosario's conviction.
http://vis.law. vill. edu/ locator/3d/July1 997/97a1 636p.him
Page 28 of 29
-§/10/2005
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