0001

 1                                                                      IN THE UNITED STATES DISTRICT COURT

                                                                        FOR THE NORTHERN DISTRICT OF GEORGIA

 2                                                                                   ATLANTA DIVISION

 3          ROBERT CHRISTIAN WOLF,

 4                                                          Plaintiff,

                                                                                                CASE NO. 00-CIV-1187(JEC)

 5                                  vs.

 6          JOHN BENNETT RAMSEY and

            PATRICIA PAUGH RAMSEY,

 7

                                                            Defendants.

 8          ~~~~~~~~~~~~~~~~~~~~~~~~~~

 9

                                                VIDEOTAPED DEPOSITION OF

10

                                                                        GIDEON EPSTEIN

11

12                                                                     May 17, 2002

                                                                                    9:35 a.m.

13

                                    191 Peachtree Street, N.E.

14                                                        Atlanta, Georgia

15

16         Valerie N. Almand, RPR, CCR-B-531

17

18

19

20

21

22

23

24

25

0002

 1                                                                                   APPEARANCES

 2                      On behalf of the Plaintiff Robert Christian Wolf:

 3                      EVAN M. ALTMAN, Esquire

 4                                  Lake Forrest Place

 5                                  6085 Lake Forrest Drive, Suite 300-B

 6                                  Atlanta, Georgia 30328

 7                                  (404) 845-0695

 8                      .

 9                      DARNAY HOFFMAN, Esquire (via telephonic means)

10                    Law Offices of Darnay Hoffman

11                                Suite 209

12                                210 West 70th Street

13                                New York, New York 10023

14                                (212) 712-2766

15                    .

16                    On behalf of the Defendants, John Bennett Ramsey and

17                    Patricia Paugh Ramsey:

18                    JAMES RAWLS, Esquire

19                    ERIC P. SCHROEDER, Esquire

20                    Powell, Goldstein, Frazer & Murphy, L.L.P.

21                                Sixteenth Floor

22                                191 Peachtree Street, N.E.

23                                Atlanta, Georgia 30303

24                                (404) 572-6600

25                    //

0003

 1                      L. LIN WOOD, Esquire

 2                      L. Lin Wood, P.C.

 3                                  2140 The Equitable Building

 4                                  100 Peachtree Street

 5                                  Atlanta, Georgia 30303

 6           (404) 522-1713

 7          .

 8          Also Present:

 9          John Ramsey

10        Matt Wood

11        .

12        .

13        .

14        .

15        .

16        .

17        .

18        .

19        .

20        .

21        .

22        .

23        .

24        .

25        .

0004

 1                       Deposition of Gideon Epstein

 2                       May 17, 2002

 3                      THE VIDEOGRAPHER: We are now on the

 4          record, and the time is 9:34 a.m.

 5                      MR. RAWLS: Very good. Let me make

 6          a brief stipulation by way of beginning.

 7          Darnay, can you hear me?

 8                      MR. HOFFMAN: Yes.

 9                      MR. RAWLS: This is the deposition

10        of Mr. Gideon Epstein. The deposition is taken

11        of Mr. Epstein as an expert for the plaintiff,

12        Robert Christian Wolf, in this case.

13                    The deposition is being taken at a

14        time and place determined by agreement of

15        counsel and formalized thereafter by a notice

16        issued by the defendants.

17                    The deposition is taken for all

18        proper purposes under the Federal Rules of Civil

19        Procedure and the Federal Rules of Evidence.

20                    Is that a suitable stipulation, Evan

21        and Darnay?

22                    MR. ALTMAN: Yes, it is.

23                    MR. HOFFMAN: Yes, it is.

24                    MR. ALTMAN: Jim, one preliminary

25        thing. Did you also want to limit the

0005

 1          objections, the usual objection sort of thing?

 2          I don't know if you mentioned that.

 3                      MR. RAWLS: Yes, let's agree as I

 4          believe the rules provide that all objections

 5          except as to the form of the question and as

 6          to the responsiveness of the answer will be

 7          reserved until the time of the trial, hearing or

 8          other use of the deposition testimony.

 9                      MR. ALTMAN: That is acceptable.

10                    MR. RAWLS: Darnay, is that --

11                    MR. HOFFMAN: In fact, in New York

12        we usually, when we sit down we say usual

13        stips. That's fine, absolutely.

14                    GIDEON EPSTEIN, having been first

15        duly sworn, was examined and deposed as

16        follows:

17         EXAMINATION

18         BY-MR.RAWLS:

19         Q.     Mr. Epstein, tell us, please, your

20        full name.

21                    A.        Gideon Epstein, G-I-D-E-O-N, Epstein,

22        E-P-S-T-E-I-N.

23                    Q.        Do you have a middle name?

24                    A.        I do not.

25                    Q.        And have you ever had?

0006

 1                      A.        Never had a middle name. Two was

 2          always enough, thank you.

 3                      Q.        Have you ever had a different name?

 4                      A.        Never had a different name.

 5                      Q.        Your date of birth, please?

 6                      A.        July 6th, 1938.

 7                      Q.        And place of birth?

 8                      A.        Riga, Latvia, that's spelled R-I-G-A.

 9                      Q.        At birth were you a U.S. citizen?

10                    A.        I was not. I'm a naturalized

11        citizen. I was naturalized in 1956.

12                    Q.        Mr. Epstein, where do you make your

13        home, sir?

14                    A.        In Rockville, Maryland.

15                    Q.        And how long have you lived there?

16                    A.        I've lived in Rockville since 1988.

17        Prior to that I lived in Gaithersburg, Maryland,

18        just a short distance from there.

19                    Q.        When did you first come to the U.S.?

20                    A.        I came to the United States in July

21        of 1946.

22                    Q.        At approximately the age of --

23                    A.        Eight.

24                    Q.        -- eight. Shortly after your 8th

25        birthday.

0007

 1                      A.        That's right.

 2                      Q.        Would you describe for us,

 3          Mr. Epstein, what you understand to be your

 4          engagement in the case of Robert Christian Wolf

 5          against John and Patsy Ramsey?

 6                      A.        My engagement in the case, as I see

 7          it, is to conduct forensic handwriting

 8          examinations of the disputed ransom note, in

 9          conjunction with the known handwriting that I

10        was provided of the Ramseys, and attempt to

11        establish, if possible, through that forensic

12        examination whether there was common authorship

13        between the known writing and the disputed

14        ransom note.

15                    Q.        When were you first retained in this

16        case?

17                    A.        I was first retained in this case

18        about a little less than two years ago, I

19        believe.

20                    Q.        Can you be more specific?

21                    A.        No, because originally I became

22        involved in this case in a sort of an

23        unofficial capacity as a result of reviewing the

24        documents that another document examiner who was

25        in the case was looking at, Larry Zieglar.

0008

 1                                  At the time I was the chief document

 2          examiner at the immigration laboratory and

 3          Mr. Zieglar was a contractor for me, and so I

 4          became aware of the documents and I saw the

 5          documents prior to officially becoming involved,

 6          but like I say, the best I can recall is that

 7          it was about two years.

 8                      Q.        When you were first retained did you

 9          agree to assist for a fee?

10                    A.        No, I did not. In fact, I -- prior

11        to being officially retained and while still an

12        employee of the department of justice, I

13        contacted the ethics officer at the Immigration

14        and Naturalization Service and asked for

15        permission to become involved in the case on a

16        pro bono basis, and that permission was granted,

17        and it was at that time that I became involved

18        officially in the case, and there was -- I had,

19        from the beginning it was a pro bono basis

20        case.

21                    Q.        Has that ever changed?

22                    A.        Not -- actually, I did receive a fee

23        for the Article 26 report, but prior to that I

24        had put in more than 50 hours of examination

25        time in the case for which I did not bill

0009

 1          anyone.

 2                      Q.        What was your fee for the Rule 26

 3          report?

 4                      A.        Twelve hundred dollars.

 5                      Q.        And was that paid?

 6                      A.        It was.

 7                      Q.        Do you now consider yourself a pro

 8          bono expert or a for fee expert?

 9                      A.        I consider myself a pro bono expert.

10                    Q.        And would you describe your reason,

11        please, for taking this matter on a pro bono

12        basis?

13                    A.        I've been involved in this profession

14        for 35 years, and have always considered that

15        the forensic sciences have a responsibility to

16        the criminal justice system, and I've felt very

17        strongly about that throughout my entire

18        professional career.

19                                I feel that the questioned document

20        profession let the criminal justice system down

21        in this particular case, and I feel very

22        strongly that I would, if possible, like to set

23        that straight.

24                                I don't believe that the forensic

25        reports that have been rendered in this case

0010

 1          thus far by those document examiners who earlier

 2          examined these documents were correct, and I

 3          don't believe that justice has been served, and

 4          that's my only reason for becoming involved in

 5          the case.

 6                      Q.        Mr. Epstein, given all that, why did

 7          you charge twelve hundred dollars for the Rule

 8          26 report?

 9                      A.        Because I had expenses and we all

10        have bills, and there were cases that I had

11        turn down that were fee cases.

12                                In this kind of a case, you have to

13        be prepared to devote a great deal of time to

14        a case like this, and it's not a case that you

15        can bill for. It's not a case where every

16        hour can be counted and charged up to someone.

17                                So there are, however, instances

18        where you do have static things, for instance,

19        this deposition is an example. It's a certain

20        number of hours that we know we're going to

21        devote to it and we can predict what we can

22        charge in it, and so therefore I think that to

23        work for two years on a case and sacrifice

24        other cases in place of it that you have to,

25        if you can, make up some of that, and I feel

0011

 1          that that's the reason I charged for the -- the

 2          twelve hundred dollars for the Article 26 report

 3          as well as for this deposition, is because these

 4          are sort of static hours that we know we've put

 5          in and it's something that can easily be billed,

 6          whereas the amount of time that we actually

 7          devote to the examination of a case like this

 8          can't really be counted.

 9                      Q.        How many hours did you spend working

10        on the Rule 26 report?

11                    A.        Approximately ten hours.

12                    Q.        So the twelve hundred dollars charge

13        was approximately --

14                    A.        I charged for an eight-hour day.

15                    Q.        All right, sir. In fact, was it

16        suggested to you, Mr. Epstein, that you would

17        have trouble charging my clients for your time

18        today if you had not sent a bill for the Rule

19        26 report to Darnay Hoffman?

20                    A.        No, that was never mentioned to me

21        at all.

22                    Q.        That was never any part of your

23        thinking?

24                    A.        No, never part of my thinking.

25                    Q.        And if that was part of anyone

0012

 1          else's thinking, that was never shared with you.

 2                      A.        If it was someone else's thinking it

 3          was never shared with me, no. In fact, if

 4          there had been any indication that there would

 5          be difficulty collecting a fee for today, I

 6          would have been very happy to come here without

 7          a fee.

 8                      Q.        Mr. Epstein, in this case counsel

 9          have been furnished by your side's attorneys,

10        Mr. Altman and Mr. Hoffman, a document that is

11        styled plaintiff's disclosure of expert

12        testimony. On Page 2 of that document there's

13        a paragraph, in fact could you take a look at

14        the second full paragraph on Page 2 --

15                    A.        Mr. Epstein is being compensated

16        (inaudible). Yes. The twelve hundred dollars I

17        received for the Article 26 report, I have a

18        photographer who prepared all of my charts, he

19        received eight hundred dollars, that makes up

20        the two thousand dollars as far as the amount.

21        I didn't feel I could ask my photographer to

22        work pro bono. He has expenses, and so he was

23        paid eight hundred dollars for the preparation

24        of the charts.

25                    Q.        Mr. Epstein, would you look on with

0013

 1          me and tell me if I am reading this paragraph

 2          correctly? "Mr. Epstein is being compensated

 3          for his report and testimony at the rate of two

 4          hundred dollars per hour for his trial and

 5          deposition testimony, and at the rate of one

 6          hundred fifty dollars per hour for his

 7          laboratory examination and discovery report. To

 8          date Mr. Epstein has paid -- excuse me, has

 9          been paid two thousand dollars."

10                                Have I read that correctly.

11                    A.        You've read it correctly, but I'm

12        not exactly sure what is meant by that. I can

13        only tell you what I received and my

14        understanding.

15                                I think that it was always

16        understood that the majority of my work and my

17        examination time would be on a pro bono basis.

18        The only fee that I've received has been the

19        twelve hundred dollars for the Article 26

20        report, which was invoiced at a hundred and

21        fifty dollars an hour for eight hours.

22                                As far as any understanding, at the

23        time that the report was provided, I don't know

24        that there was any discussion about testimony

25        fees, so that's my understanding of it.

0014

 1                      Q.        Mr. Epstein, did your familiarity

 2          with Chris Wolf play any part in your decision

 3          to do any work on this case pro bono?

 4                      A.        I don't know Chris Wolf.

 5                      Q.        Do you know anything about

 6          Mr. Wolf's situation, his story, his career, his

 7          background, his plight, if you will?

 8                      A.        I know nothing about Mr. Wolf, and

 9          that's intentional.

10                    Q.        May I say I don't blame you.

11                                Are you familiar with Mr. Wolf's

12        career in the entertainment industry?

13                    A.        As I say, I don't know anything

14        about Mr. Wolf at all.

15                    Q.        And why was it intentional that you

16        learned nothing about Mr. Wolf?

17                    A.        Because it's always been my policy

18        as a document examiner not to involve myself

19        with those outside things in a case that have

20        nothing to do with the documents that I examine.

21                    Q.        Mr. Epstein, you testified earlier

22        that forensic reports by members of your

23        document examination profession thus far in

24        connection with the ransom note found at the

25        home of John and Patsy Ramsey have not been

0015

 1          correct.

 2                      A.        That's my feeling, yes.

 3                      Q.        Which of those reports have you

 4          read?

 5                      A.        I've read the report by Howard Rile,

 6          and I've read the report by Lloyd Cunningham.

 7          I think those are the only written reports that

 8          I recall seeing. I know that there were other

 9          document examiners who came to a similar

10        conclusion, but I don't know if they ever put

11        those findings into a written report.

12                    Q.        So the only reports that you have

13        observed are those provided in this case by the

14        Ramseys' experts, Howard Rile and Lloyd

15        Cunningham; is that correct?

16                    A.        That's correct.

17                    Q.        What, if anything, have those reports

18        had to do with the criminal justice system, sir?

19                    A.        They have had nothing to do with the

20        criminal justice system.

21                    Q.        You testified earlier that members of

22        your profession had, in your opinion, let the

23        criminal justice system down in this case; did

24        you not, sir?

25                    A.        I did, because I think that

0016

 1          originally if the examinations had been conducted

 2          in a different manner that the results would

 3          have been such that it may have become a

 4          criminal justice matter.

 5                      Q.        But the fact is you don't know how

 6          those original document examination reports were

 7          done at all; do you, sir?

 8                      A.        Well, I know what the findings were

 9          of the people that did it.

10                    Q.        Do you know the names of the people

11        that made the examinations?

12                    A.        I know that the people from the

13        Colorado bureau conducted examinations that were

14        inconclusive. I don't recall now the person

15        that did it, an older gentleman, I can see his

16        face, I can't recall his name. But there were

17        certainly forensic examinations done at the time

18        that there was a criminal investigation into

19        this matter.

20                                Obviously that was significant

21        evidence in this case, and so therefore that had

22        to have been done, and I know that those

23        conclusions were inconclusive.

24                    Q.        The fact is, you know nothing about

25        the manner in which any of the experts retained

0017

 1          by the Colorado Bureau of Investigation rendered

 2          their examinations, their analyses and their

 3          conclusions; am I not correct?

 4                      A.        Specifically, I don't know what they

 5          concluded, but generally I know that the

 6          conclusions were inconclusive.

 7                      Q.        Mr. Epstein, I want to come back

 8          later to the subject of the other reports and

 9          analyses of handwriting that were done as part

10        of the criminal justice part of the

11        investigation of the murder of JonBenet Ramsey.

12        I'll come back to that later. I want to learn

13        a little bit more about you, if you don't

14        mind --

15                    A.        Not at all.

16                    Q.        -- sharing some additional information

17        with us.

18                                First I'd like to know how you

19        prepared for this deposition.

20                    A.        I prepared for the deposition by

21        going over the work that I had done in this

22        case and going over my report and the

23        illustrations that are attached to it.

24                    Q.        Did you confer with any of the

25        attorneys for Mr. Wolf before this deposition in

0018

 1          preparation?

 2                      A.        I did not.

 3                                  (WHEREUPON, Defendant's Exhibit Number

 4          1 was marked for identification).

 5                                  MR. ALTMAN: Jim, with respect to

 6          the last question, when you say conferred, I

 7          mean, we had discussions regarding the case. I

 8          guess my question is could you maybe be a

 9          little bit more specific about what you want to

10        know regarding that?

11                                MR. RAWLS: Thank you, Evan.

12                    Q.        Mr. Epstein, what I want to know is

13        did you consult Mr. Altman or Mr. Hoffman about

14        this deposition?

15                    A.        I did not.

16                    Q.        Were you told anything about the

17        testimony earlier this week of Ms. Cina Wong?

18                    A.        I learned of that testimony this

19        morning.

20                    Q.        From whom did you learn of that?

21                    A.        From Mr. Altman.

22                    Q.        Have you ever seen Ms. Wong's

23        report?

24                    A.        Yes, I did, almost two years ago.

25        I believe it was shown to me when I first

0019

 1          became involved in this case.

 2                                  MR. HOFFMAN: Jim.

 3                                  MR. RAWLS: Yes.

 4                                  MR. HOFFMAN: I'd just like to add

 5          a note here, it can be on or off the record.

 6          Mr. Epstein has never been shown the most recent

 7          report by Cina Wong.

 8                                  THE WITNESS: No, the most recent

 9          one, the one I saw was several years old.

10                                MR. RAWLS: I certainly take

11        Mr. Epstein at his word that if he saw a Cina

12        Wong report two years ago it could not have

13        been what Ms. Wong has later put together.

14                                But Darnay, thank you for your

15        explanation.

16                    BY MR. RAWLS:

17                    Q.        Mr. Epstein, may I show you a

18        document that has been marked Defendant's

19        Exhibit-1 to your deposition? What is this,

20        please, sir?

21                    A.        This is my fee schedule.

22                    Q.        Did you provide that to Mr. Hoffman

23        and Mr. Altman?

24                    A.        I think I did at one time, but I

25        never, I never really adhered to this fee

0020

 1          schedule.

 2                      Q.        And does anything on this fee

 3          schedule indicate that you are serving in this

 4          case pro bono?

 5                      A.        It does not.

 6                      Q.        And do you know that this was given

 7          us as if it were your fee schedule in this

 8          case by Mr. Hoffman and Mr. Altman?

 9                      A.        I'm not aware of under what

10        conditions that was given to you, but I can

11        tell you that I think they both understand that

12        I'm working this case on a pro bono basis.

13                    Q.        I don't know what they understand, I

14        only know what they have given me to believe

15        before today, Mr. Epstein, and that was this

16        Defendant's Exhibit 1.

17                    A.        And that, I'm not aware of.

18                    Q.        You did not thorough Mr. Hoffman or

19        Mr. Altman to misrepresent to me your fee; did

20        you, sir?

21                                MR. ALTMAN: Object as to the form.

22                    A.        No, I know nothing about this whole

23        matter of the fee. I think it was rather

24        clear from the very beginning that I was working

25        this case on a pro bono basis. It hasn't

0021

 1          changed, and it will not change.

 2                                  MR. HOFFMAN: Jim.

 3                                  MR. RAWLS: Yes.

 4                                  MR. HOFFMAN: Did I include with

 5          that the letter of agreement that I had signed

 6          with Mr. Epstein, I think it was in January or

 7          late December, whereby I had agreed in a letter

 8          agreement with him -- it was one page -- to,

 9          you know, pay him for his time and whatever

10        else? I don't know if that was included there.

11                                MR. RAWLS: I don't think so,

12        Darnay.

13                                MR. HOFFMAN: Okay, because I have

14        it, and I don't know if I can find it like

15        during this deposition period, but I can fax

16        your office a copy of it.

17                                MR. WOOD: Why don't you do that?

18                                MR. RAWLS: That will be

19        appreciated.

20                                MR. HOFFMAN: Because I think

21        there's some confusion here. There was a period

22        late December, early January where I got an

23        e-mail from Mr. Epstein to the effect that

24        because there was so much time involved in the

25        case that he needed at the very least nominal

0022

 1          compensation, and he faxed me a -- and, Gideon,

 2          I don't know if you remember this or not --

 3          faxed me a letter of understanding, agreement,

 4          whatever you want to call it, it was a couple

 5          of paragraphs, which I signed, duly signed and

 6          faxed back to him, and that's the basis by

 7          which it was my understanding that he would be

 8          appearing at least for parts of the deposition

 9          as a paid consultant.

10                                So there's been no attempt to try to

11        misrepresent Mr. Epstein's understanding or my

12        understanding. There may be a little confusion

13        here. And to clear that up, I will fax you a

14        copy of the agreement that Mr. Epstein had me

15        sign, I think it was in January or late

16        December.

17                                MR. SCHROEDER: Darnay, Eric Shroeder

18        here. Would you mind faxing that to my

19        attention?

20                                MR. HOFFMAN: To your attention,

21        Eric?

22                                MR. SCHROEDER: Yes.

23                                MR. HOFFMAN: Yeah, fine.

24                    BY MR. RAWLS:

25                    Q.        Mr. Epstein, would you agree with me

0023

 1          that for justice to be served candor is

 2          necessary?

 3                      A.        Absolutely.

 4                      Q.        Are you, Mr. Epstein, a trained

 5          graphologist?

 6                      A.        I am not.

 7                      Q.        Do you need to be a trained

 8          graphologist in order to be a qualified forensic

 9          document examiner?

10                    A.        No, you don't.

11                    Q.        Does graphology add anything to your

12        ability to be a qualified document -- forensic

13        document examiner?

14                    A.        I don't believe it does, no.

15                    Q.        What is graphology, sir?

16                    A.        The study and examination of

17        handwriting with the purpose of establishing a

18        person's personality and character traits.

19                    Q.        Do you do that?

20                    A.        I do not.

21                    Q.        Have you ever aspired to do that?

22                    A.        I have never aspired to do that.

23                    Q.        Does that business of graphology

24        impress you as a science?

25                    A.        It does not.

0024

 1                      Q.        Does it have credibility with you in

 2          any manner?

 3                      A.        It does not.

 4                      Q.        Do you believe in it?

 5                      A.        I do not.

 6                      Q.        When did you leave government

 7          service, Mr. Epstein?

 8                      A.        I left government service in December

 9          of the year 2000.

10                    Q.        And at that time your employer had

11        been the United States Immigration and

12        Naturalization Service; am I correct?

13                    A.        Forensic document laboratory, that's

14        correct.

15                    Q.        And you were in charge of that

16        laboratory, if I'm not mistaken.

17                    A.        I was in charge of the forensic unit

18        of that laboratory. There's also an

19        intelligence unit that's a part of that

20        laboratory that I was not in charge of.

21                    Q.        When you sought permission to assist

22        Mr. Wolf pro bono, whose permission did you

23        seek?

24                    A.        I first went to the laboratory

25        director and then I went to the ethics officer

0025

 1          at headquarters, INS, and received permission

 2          from both of them.

 3                      Q.        And the name of the lab director?

 4                      A.        Katherine Sheehan, S-H-E-E-H-A-N, and

 5          she's still the laboratory director today.

 6                      Q.        And who is the ethics officer in

 7          Washington?

 8                      A.        That I can't remember. I did

 9          receive an e-mail back from him, and Ms. Sheehan

10        would certainly know who the ethics officer is,

11        but I -- at the moment it slipped my mind who

12        he is.

13                    Q.        Do you still possess a copy of that

14        e-mail?

15                    A.        I probably do, yes.

16                    Q.        We would like to see that if you

17        will agree to --

18                    A.        Certainly.

19                    Q.        -- seek it, and if Mr. Hoffman and

20        Mr. Altman will agree to permit you to share it

21        with us.

22                                MR. ALTMAN: We have no objection.

23        Darnay? No objection.

24                    A.        I will try to find that e-mail. I

25        know that I kept it because I felt that it was

0026

 1          important in case I was ever asked why or how

 2          or under what circumstances I became involved.

 3                      Q.        If I have done my math right, you

 4          are approximately 63 years old now, is that

 5          correct?

 6                      A.        Sixty-four, will be sixty-five in

 7          July.

 8                      Q.        And are you -- do you consider

 9          yourself now to be semiretired, or a nonretired

10        businessman?

11                    A.        Well, I don't consider myself a

12        businessman. Actually I'm a pretty poor

13        businessman, I found. But I am, I would say,

14        semiretired although sometimes I feel that I'm

15        busier now than when I was working, so . . .

16                    Q.        How many hours in a typical week do

17        you practice your field of forensic document

18        examination?

19                    A.        I have a contract at the present

20        time with the immigration service forensic

21        document laboratory to train their new document

22        examiners, and I devote about five hours in the

23        morning, five days a week, to that.

24                                And then in the afternoons I have a

25        private practice and I devote, depending on the

0027

 1          cases, a good part of the afternoon to that.

 2          So I would say that I devote probably pretty

 3          close to eight hours a day to forensic document

 4          examination.

 5                      Q.        Well, that doesn't sound very retired

 6          to me.

 7                      A.        Sometimes it's not.

 8                      Q.        Tell me what is involved in the

 9          training program which -- or by which you train

10        immigration and naturalization service document

11        examiners, please.

12                    A.        Certainly. It's a 30-month program

13        at the laboratory where I was and where I'm

14        presently training people. The handwriting

15        portion of the training is approximately one

16        year in length, and it consists of a reading of

17        all of the recent and past literature, all of

18        the books on questioned document examination to

19        familiarize all of the trainees with the basic

20        principles of the profession.

21                                It involves the reading of papers

22        and various research type projects that have

23        been conducted on the subject of handwriting.

24        It involves the study of handwriting systems,

25        and then a great portion of that training is an

0028

 1          apprenticeship-type training where actual cases

 2          are used, past cases where exhibits have been

 3          photographed and retained and where the cases

 4          are assigned, and then the trainees will work

 5          them and the cases are critiqued, and they move

 6          from that into actual life cases where original

 7          documents are available, and this goes on for

 8          about a year to build a base and a foundation

 9          for knowing and understanding how the basic

10        principle for document examination apply to the

11        work.

12                    Q.        How many individuals are being

13        trained by you in the training program which you

14        are operating at present?

15                    A.        Right now there are three.

16                    Q.        And when did this 30-month program

17        begin which you are now in the midst of?

18                    A.        In June of last year.

19                    Q.        So the idea is that those three

20        students who have been in the program less than

21        one year now will complete 30 months of study.

22                    A.        Eventually. My contract has just

23        been extended for another year. We will be

24        finishing the handwriting block of the

25        instruction next month, and at that time they

0029

 1          will move on to other areas of document

 2          examination.

 3                      Q.        And are those three students being

 4          paid as employees of the INS while they are

 5          taking your training course?

 6                      A.        They are. They are actually

 7          employees. They were brought into the

 8          laboratory as permanent employees and the

 9          positions are the positions of trainee, and then

10        after they've completed their training they will

11        go into permanent positions as forensic document

12        examiners.

13                    Q.        And what credentials did they need

14        to have before they could get admission into

15        your training program, if you know?

16                    A.        I do know. All three of them have

17        master's degrees in forensic science from the

18        George Washington University of Forensic

19        Sciences.

20                    Q.        Did you select these people?

21                    A.        These three, I did not. I've been

22        training people, though, for a number of years,

23        and previous trainees I have selected, but these

24        three were selected by my predecessor.

25                    Q.        At the end of the 30-month course

0030

 1          that you have described what will these three

 2          individuals be qualified to do, in your

 3          judgment, at least as you hope?

 4                      A.        Well, hopefully, and so far we've

 5          been very successful, is that they will be able

 6          to assume a caseload of their own. The first

 7          year or so afterwards their work will all be

 8          check and countersigned by a more senior

 9          examiner, but they will be in a position to

10        take cases to court, should testimony be

11        necessary, and they will conduct independent

12        examinations of handwriting, handprinting matters,

13        altered and counterfeit document cases, various

14        miscellaneous problems having to do with

15        documents.

16                    Q.        In your 30-month program how much

17        time is devoted to the study of graphology?

18                    A.        None -- well, let me say that I

19        spend time only to identify what graphology is

20        and that it is not a part of forensic document

21        examination, and that it is not something that

22        we consider in our work.

23                    Q.        What are the major books in the

24        literature which your training program asks these

25        students to read?

0031

 1                      A.        Well, there's only really a handful.

 2          There's Suspect Documents by Harrison, Questioned

 3          Documents by Osborn, Problem of Proof by Osborn,

 4          Scientific Examination of Documents by Hilton,

 5          Forensic Document Examination by Huber and

 6          Hedrick, Conway's book on disputed documents.

 7          That pretty much is the majority of the accepted

 8          texts.

 9                                  MR. RAWLS: May we take a brief

10        recess at this time? Is that convenient?

11                                MR. ALTMAN: Sure.

12                                MR. RAWLS: We're off the record

13        at --

14                                THE VIDEOGRAPHER: 10:13 a.m.

15                                (Recess).

16                                THE VIDEOGRAPHER: Back on the

17        record at 10:26 a.m.

18                    BY MR. RAWLS:

19                    Q.        Mr. Epstein, we have a book here

20        that I'll show you, let me put it in the way

21        of the camera for just a moment, and, for the

22        record, this book was spoken of by Ms. Cina

23        Wong earlier this week.

24                                Do you understand that Ms. Wong is

25        your co-expert on handwriting in the case of

0032

 1          Chris Wolf? Was that a smile captured just

 2          then or an effort not to smile?

 3                      A.        An effort not to smile. I don't

 4          know what you mean by co- -- what was it you

 5          said?

 6                      Q.        My word was co-expert on handwriting

 7          in the case of Chris Wolf.

 8                      A.        I really don't know how to answer

 9          that question, to tell you the truth, because I

10        was not aware until this morning on my way here

11        that she had, in fact, been deposed and that

12        she had, in fact, written another report.

13                                MR. HOFFMAN: Jim, can I interject

14        here, because this is a thing that involves

15        counsel and you can put this on the record or

16        keep it off, whichever you like.

17                                MR. RAWLS: Well, Darnay, first I'd

18        like for Mr. Epstein to finish his answer. I

19        didn't think he was finished, but he might have

20        been.

21                                MR. HOFFMAN: I'm very sorry.

22                    Q.        Mr. Epstein.

23                    A.        I don't consider her as my co-expert

24        in this case.

25                    Q.        Why is that?

0033

 1                      A.        Someone else may consider her as a

 2          co-expert in this case, but I don't.

 3                      Q.        Why?

 4                      A.        Because I don't believe that she

 5          meets what I and the profession consider to be

 6          the necessary qualifications for forensic

 7          document examination.

 8                     &