Robert W. Lesnevich, J.D. Diplomate American Board of Forensic Document Examiners

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Hidden Evidence

Winning your Case with Latent Evidence on Documents
 
Author:  Rob Lesnevich

There may be more than is apparent to the naked eye. The documents in your case may contain valuable latent evidence.  The latent evidence is an indisputable fact supporting or disproving a fact pattern.  Evidence of alteration is often found using one of two non-destructive analytical techniques: Latent indentations and ink analysis.  

 

Ink Analysis

 

A.  Scientific Basis

   A questioned entry is examined with the Video Spectral Comparator (VSC).  The VSC directs energy (light waves) onto a document and when viewed in conjunction with filters, ink can be differentiated.  The directed energy makes up a portion of the electromagnetic spectrum, including the ultraviolet, visible and infrared portion of the spectrum.  When energy is directed onto pigment and dyes (components of ink) one of five things naturally occurs depending on the emitted wavelengths and the composition of the object.

 

1)                     Reflectance:  All or most of the light will be reflected off the object, making it appear white.

2)                     Absorption:  All or most of the light will be absorbed by the object, making it appear Black.

3)                     A combination of Reflectance and absorption:  The object reflect some of the light and absorb some of the light producing colors in the visible spectrum

4)                     Transmittance: Light can be transmitted through the object making it disappear

5)                     Luminescence:  Light is absorbed by the object and reemitted at a longer (higher) wavelength.  This will produce a glowing effect.  Luminescence is categorized as either fluorescence (glows less than 10-8 seconds or phosphorescence (continue to glow past 10-8 seconds).

 

          The VSC uses a combination of cameras, light sources, and filters to allow an examiner to produce and measure each of these effects under controlled circumstances.  Dissimilar inks will generally show variation in these characteristics and therefore inks, apparently identical to the unaided eye, may be differentiated.

 

In sum, if there is a measurable or obvious difference in the reactions of two inks on a paper, then the inks can be differentiated.  In other words, if the two inks react differently then they are different.  This means that the physical properties that compose the two samples are different and while they might appear to the unaided eye to be the same color, they are not. 

 

 

B.  How Ink Differentiation Helps You

   A VSC examination can reveal the presence of two different inks in a questioned entry.  This technique is commonly used in the examination of medical records, wills, deeds, contracts, or any documents containing evidence of record keeping relevant to the facts of the case at hand. Ink differentiation can show:

·        Proof that numbers were altered with a different pen.  For example changing a “1” to a “4”.

·        Proof that lines of text or paragraphs where later added to a document.

·        Revealing text that has been crossed out or overwritten. 

 

Latent Indentations

 

A.  Scientific Basis

          Examinations are conducted with the Electro-Static Detection Apparatus (ESDA). A document is placed onto a vacuum plate and covered with a thin sheet of plastic.  The document is then subjected to an electrical charge.  Electrons tend to amass in any indentations on the document.  Black toner is then applied to the document, which is attracted by the charged surface.  The result is that the toner will collect at the point of any indentation (where the most charge is located). 

 

B.  How Latent Indentations Helps You

          An ESDA examination will reveal the presence of latent indentations, so if a document was signed or text written with document underneath, this will leave an indentation (tracing) on these documents.  Latent indentations can show:

·        Proof that a set of documents were on the table when a contract was signed.

·        Proof that the recorded entries were fraudulently created.  Recorded entries covering a span of time can be proven to have been created all at the same time.

·        Dated sign-in sheets supposedly signed on different dated can be shown to have been created in a single session.

·        Proof that a body of writing was or was not created at the same time.

 

Summary

          Latent indentations and ink analysis can reveal important evidence relevant to your case.  It is important to note that both techniques are non-destructive.  Any document that contains important recorded or dated entries should be examined using these techniques to support other factual information of your case.  These techniques can be utilized to show:

·        Date and time alterations

·        Records not created on the alleged dates

·        Connecting documents as a group

·        Inserting of text at a later date

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About the author:  Rob Lesnevich is a court qualified forensic document analysist with 12 years expierence in the field of questioned documents. Mr. Lesnevich is currently employed with the United States Department of the Treasury, Questioned Documents Lab, in Hyattsville Maryland. Mr. Lesnevich currently resides in the Baltimore suburbs with his wife and three children.  Questions and comments about this article can be addressed to him at RRLesnevich@verizon.net.  Mr Lesnevich currently accepts civil cases on a limited basis.  For information on a specific case, please contact him at 410-744-5189.

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