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Forensics
1993 Incident
Sample cross

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A Sample Cross-Examination

The request for a forensic examination invokes a specific legal procedure in the United States, in which the claims of someone claiming forensic expertise is subject to adversarial cross-examination. In the instant case, moreover, the circumstances of the type of evidence subject to examine raise insuperable difficulties for an expert attempting to show a valid examination. In this instance, we are not asking an expert to examine the English language written on a forged check, something which is familiar to examiners. We are, rather, suggesting the examination of a document which is completely unique in the world.

If this were a court, one would expect a cross-examination of a handwriting "expert" along the following lines:

    (Examiner) Q. Have you examined the "prophecy letter" in question?

    (Expert) A. Yes.

    Q. Does a handwriting expert's familiarity with the handwriting system have an effect on the expert's ability to accurately assess the sample?

    A. Yes, of course.

    Q. How many letters in Tibetan handwriting have you examined before this assignment?

    A. None

    Q. How many other prophecy letters have you examined in your career?

    A. None.

    Q. Do the circumstances under which someone writes a document, such as physical health, purpose of the document, environment in which the document was written, affect the details of the handwriting of that person?

    A. Yes.

    Q. What familiarity do you have with the conditions under which a "prophecy letter" of the Sixteenth Karmapa was written?

    A. None.

    Q. Are you familiar with the circumstances under which any Karmapa prepares such a prophecy letter?

    A. No.

    Q. Let's turn to another area with which you might be more familiar, and examine the following hypothetical: you are given an allegedly forged check to examine. The check is supposed to be evidence of payment in January, 1990 by a payor who died in February 1990. The estate of the payor believes that the check was forged by the payee in February and backdated, and hence is not valid. The payee claims he received the check in January, before the payor died. Do you understand me so far?

    A. Yes.

    Q. Assume the forgery is perfect in terms of the handwriting, but you find something else out, as follows: In looking at the check, you notice a coded notation on the check. Assume for purposes of the hypothetical that you can show the notation was written at the same time the check was written. When you unscramble the code, you discover that the notation means "X died February 12, 1990 at 2:00 a.m.", which in fact was the exact time and date of death. Would you consider the relevance of this notation to be part of your job in determining the authenticity of the check?

    A. Yes.

    Q. Would you not consider this notation conclusive evidence that the writer of the check knew -- at the time he wrote the check -- that the payor had already died?

    A. Yes.

    Q. So would you then consider the coded notation evidence that the check was written after the death of the payor and is thus a forgery?

    A. Yes.

    Q. What if the payee provided evidence that the payor had a vision, in January when he allegedly wrote the check, of the impending date and time of his "scheduled" February death, and hence wrote the notation on the check? Would that change your opinion of the validity of the check?

    A. No, since such "prescience" is a scientific impossibility, I would know conclusively that the check was forged . . .

    Q. Let's return to the prophecy letter. Before you examined it, did someone tell you that, if valid, it contained a statement by the Karmapa made in the early 1980's containing a detailed description of someone "scheduled" to be born years later?

    A. Yes.

    Q. Did you credit this explanation as a valid scientific possibility so that your examination of the authenticity of the handwriting sample was dispassionate and unbiased?

    A. Well -- I think I can be objective even if I do not accept that possibility.

    Q. By the way, sir, how much are you getting paid to testify here today?

    A. US $300 an hour.

    Q. And how many hours have you put in?

    A. Well, I was hired many years ago, and had to travel to India a lot and familiarize myself with the handwriting samples, so I have put in 500 hours.

    Q. So you have been paid US$ 150,000?

    A. Yes.

Cross-examination may be something of an art, but such examinations are reviewed in a jury system according to cannons of common sense by ordinary laymen. We believe that on such a basis, the above cross-examination demonstrates that forensic examination of the prediction letter will never be able to create certainty about this quintessentially religious issue.

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