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Old February 25th 12, 02:53 AM posted to alt.california,alt.lawyers,misc.legal,rec.games.chess.politics,soc.culture.usa
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Default Estate of Mike Goodall - Motion for Forensic Document Examination

Samuel H. Sloan
Administrator with Will Annexed of
Estate of K. Michael Goodall
461 Peachstone Terrace
San Rafael CA 94903
415-419-5980
415-349-6116



SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF MARIN


Estate of K. Michael Goodall

-against-


James Raymond Hastings

and

Bank of America, N.A.
)
Case No. PR 1100596

MOTION FOR EX PARTE ORDER TO RELEASE LODGED DOCUMENTS PURPORTED TO BE
THE ORIGINAL WILLS OF DECEDENTS KENNETH F. GOODALL AND RACHEL A.
GOODALL FOR FORENSIC DOCUMENT EXAMINATION

Hearing Date: March 19, 2012
Time: 8:30 AM
Department: H

Sam Sloan declares:
1. I am the Administrator with Will Annexed of the Estate of K.
Michael Goodall. I have personal knowledge of the matters set forth
herein and, if called upon to testify, could and would competently
testify thereto.
2. This estate is concerned with the authenticity of three
documents all purportedly signed on the same date of August 24, 1994.
These three documents consist of “Pour Over” wills purportedly signed
by Kenneth and Rachel Goodall on August 24, 1994 and a trust document
purportedly signed by both of them also bearing the same date.
3. I believe that these documents are all forgeries or are
otherwise not authentic. The basis of my belief is that it was
virtually impossible for Kenneth F. Goodall to have signed these
documents on that date of August 24, 1994. He was extremely ill. He
had been ill for at least two years but his condition had gotten much
worse. He had just survived an operation for esophageal cancer. He had
a feeding tube inserted in his abdomen. A witness who visited him in
the hospital with his son Mike and wife Rachel is prepared to testify
that he was on life support, was unconscious and it was recommended
that he not be awaken. The forger has changed his testimony several
times as to where these documents were signed, first starting that it
was in his office, then in his home, then in San Anselmo. We are
prepared to prove that he was in none of those places. Most
importantly, the witness to both of these wills states vehemently that
she never signed these documents and would never have signed these
documents. Her husband and daughter agree with her that they would
have been involved and that she absolutely would not have signed these
documents. Finally, it is just inconceivable that Col. Kenneth Goodall
would have written his only son out of his will just 17 days before he
died, considering how devoted the father was to his son and how
devoted his son was to his father. There is a handwritten statement in
the ring binder left by Kenneth F. Goodall that states, “I have never
encountered a lawyer who did not leave me feeling poluted afterwards.
I despise them as a class and as individuals”. It is thus
inconceivable that on his death bed he would knowingly sign a document
that virtually took all rights away from his only child and gave them
to a lawyer.

4. As to the motivation of the forger, he was at that time an
employee of Bank of America. These documents took the role of back-up
trustee away from Security Pacific Bank and gave it to Bank of
America, of which he was the manager. This has enabled him to earn
administration and legal fees in the amount of several hundred
thousand dollars since that time. Needless to say, all of these funds
will have to be paid back if these documents are determined to be
forged.
5. In order to determine whether these documents are forged or
altered or that they are mere copies, I have agreed to retain a
Forensic Document Examiner who is vastly and eminently qualified in
this field, having worked with the FBI and other governmental agencies
to determine forgeries. He is David S. Moore. He has a laboratory
located at 9010 Barrhill Way, Fair Oaks, California 95628. This
laboratory contains highly sophisticated devices such as microscopes
that easily enable him to determine if a document is forged or not.
These devices cannot be effectively transported out of the laboratory
environment. Therefore, I am asking this court to order the release of
these documents directly to him as the Forensic Document Examiner. I
will of course not handle the documents myself.
6. David S. Moore is a forensic document examiner, with offices
located in Fair Oaks, California. He has more than thirty years of
document and investigative experience, including assignments with the
Crime Laboratories of the United States Army, the United States Postal
Inspection Service, the Las Vegas Metropolitan Police, and the
California Department of Justice. He has received extensive training
regarding handwriting identification, ink and document analysis, and
examination, reflected in courses from the United States Army, the
United States Secret Service, the Federal Bureau of Investigation, the
American Academy of Forensic Sciences, and the California
Criminalistics Institute. He has been certified as a "Diplomate" of
the American Board of Forensic Document Examiners since 1978. From
1999 to 2002, He served as one of the Directors on that Board. He has
published numerous articles in the field of forensic document
examination in the Journal of Forensic Sciences, including “lie
Electrostatic Detection Apparatus (ESDA) and its Effect on Latent
Prints on Paper", March 1988; "The Importance of Shading Habits in
Handwriting Identification: A Case Study", January 1983; the
"Evaluation of a Method to Detect the Site of Rubber Erasures by
Powder", October 1981. In addition, he has presented numerous papers
at meetings and conferences of the American Academy of Forensic
Sciences, the American Society of Questioned Document Examiners, the
International Association of Identification, the Southwestern
Association of Forensic Document Examiners, and the Southeastern
Association of Forensic Scientists.

7. He has presented numerous classes on questioned document
subjects to federal, state and local law enforcement officials, both
government and private attorneys, as well as to bank and insurance
personnel.

8. He has testified as an expert in the field of questioned
documents in justice, municipal, and superior, federal and military
courts and administrative hearings in excess of 700 times in more than
20 states throughout the United States, including California.

9. In order to conduct a proper forensic document examination of
the original questioned wills and trusts in this instant case, it is
his professional opinion that the following tests may be necessary.
a. Visual examination;
b. Microscopic examination;
c. Photographic examination;
d. Ink examination;
e. Handwriting examination;
f. Indentation examination; and
g. Any other non-destructive examination necessary to determine the
authenticity of the questioned document.
10. All proposed examination will be entirely non-destructive
to the document and will be conducted in a manner so as not to
compromise future additional or confirmatory examinations or testing.
Additionally, the original document will not be altered or changed by
any of the proposed examinations.
11. These types of examinations are necessary to evaluate the
genuineness of questioned documents. An ink examination allows him to
analyze the inks used in the documents and draw conclusions about the
use of different inks and to detect whether alternations and/or
interlineations have been made. Indentation examination permits him to
draw conclusions about whether certain documents were together when
they were originally created and also to ascertain whether there is
other information contained on the documents in the form of
indentations that may provide insight into when the document was
created and under what conditions. The other examinations requested
may enable him to draw conclusions about the timeframe in which the
document was created and about the genuineness of the document.
12. It is important that he conduct the examination of the
questioned documents at his laboratory using specialized equipment.
The indentation examination, the ink examination, the fluorescence and
luminescence examinations require the use of laboratory equipment. For
example, the microscope that he uses is a stereoscopic trinocular
microscope that is not readily portable. The video spectral comparator
(VSC) that he uses for ink evaluation is also not readily portable.
Furthermore, it is often imperative to strictly control lighting
conditions during an examination; this can be done in a laboratory
setting, but often cannot be done elsewhere.
13. The various examinations that I have listed and the
equipment that he proposes to employ during the examination of the
questioned documents are routine in cases of this nature. Failure to
examine the questioned document in a laboratory setting, with proper
instrumentation, may result in loss of valuable evidence that would
directly address the issue of the document's authenticity.
14. The wills are on file at the Marin County Superior Court.
Kenneth Goodall’s will is number W001916 and Rachel Goodall’s will is
number W001919.

15. We are also seeking forensic examination of the trust
documents. There are three known trust documents. They a
A document entitled “The Goodall Trust” and dated September 12, 1990.

A document entitled “Declaration of the Goodall Trust” and dated
August 24, 1994.

A document entitled “Second Amendment to Goodall Trust” and dated
January 19, 1999.

16. We believe that the documents dated September 12, 1990 and January
19, 1999 are genuine but that the document dated August 24, 1994 is a
forgery. We want all three documents examined by the Forensic Document
Examiner, David S. Moore. The problem is that these documents are not
in the files of the court. They are in the possession of James R.
Hastings and/or Bank of America and/or Guide Dogs for the Blind, Inc.
who refuse to let us see them. We want this court to order these three
documents to be turned over to the same Forensic Document Examiner.

WHEREFORE, for all of the reasons set forth above, this court should
order that the Wills of Kenneth and Rachel Goodall filed in this court
as will number W001916 and will number W001919 be turned over to David
S. Moore, Forensic Document examiner and
it should order that the originals of Goodall Family Trust Documents
dated September 12, 1990, August 24, 1994 and January 19, 1999 be
handed over to David S. Moore for Forensic Examination.

I declare under penalty of perjury under the laws of the State
of California and the contents thereof are true and correct to the
best of my knowledge and belief.

DATED: February 24, 2012

_______________________


Verification:

Sam Sloan declares:
I have read the Motion for an order to turn over documents to a
Forensic Document Examiner filed in this matter, and I declare under
penalty of perjury under the laws of the State of California and the
contents thereof are true and correct to the best of my knowledge and
belief.



DATED: February 24, 2012





AFFIDAVIT OF SERVICE
I hereby state that I am not a party, I am over 18 years of age and I
served a copy of this motion and the exhibits attached thereto to the
following:

James R. Hastings
1003 3rd Street
San Rafael, CA 94901

Bank of America
1000 4th St.
San Rafael, CA 94901

Gary D. Rothstein
Manatt, Phelps & Phillips, LLP
One Embarcadero Center, 30th Floor
San Francisco CA 94111

Roy Hoppe
461 Peachstone Terrace
San Rafael CA 94903

Frank Thornally
461 Peachstone Terrace
San Rafael CA 94903

Julia Bentley Lemons
Apt. 308
12800 Marion Lane W
Minnetonka, MN 55305-1368
Surviving Sibling of Rachel Goodall

Robert Bentley
Bradford Village #504
906 N Boulevard Street
Edmond, OK 73030
Surviving Sibling of Rachel Goodall

Helen Beth Bentley Perry
7926 Praver Drive W
Jacksonville,FL 32217
Surviving Sibling of Rachel Goodall

Clenda Fern Bentley Zinar
4536 Chatman Street
The Colony, TX 75056

Beverly Gale Bentley Young
2316 Trenton
McKinney, TX 75070

Vickie Bentley Hankins
14580 NE 6th
Choctaw, OK 73020

Jeffrey Bentley
4701 N Douglas Boulevard
Spencer, OK 73084

Chad Everett Bentley
1609 Teepee Trail
Kingsland, TX 78639

Jeanette Goodall Phillips
152 S llth Street
Salina, Kansas 67401

Kristin Kane
University of California
Berkeley College of Engineering
College Relations
208 Mclaughlin Hall #1722
Berkeley, CA 9472A-1722

Guide Dogs for the Blind
Mr. Thomas Horton
Planned Potential Beneficiary
Giving Director
Guide Dogs for the Blind, Inc.
350 Los Ranchitos Road
San Rafael, CA 94903
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Old February 25th 12, 12:06 PM posted to alt.california,alt.lawyers,misc.legal,rec.games.chess.politics,soc.culture.usa
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First recorded activity by ChessBanter: May 2010
Posts: 134
Default Estate of Mike Goodall - Motion for Forensic Document Examination

On Feb 24, 9:53*pm, samsloan wrote:

This laboratory contains highly sophisticated devices such as microscopes


If you really want to wow the judge I'd mention bunsen burners as
well.
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Old February 25th 12, 02:26 PM posted to alt.california,alt.lawyers,misc.legal,rec.games.chess.politics,soc.culture.usa
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First recorded activity by ChessBanter: Feb 2012
Posts: 2
Default Estate of Mike Goodall - Motion for Forensic Document Examination

Sam,

With regard to article 3 where you wish to challenge the authenticity of
certain documents that were signed in 1994, why use the rather fallible
memories of witnesses?
You clearly beieve that Colonel Goodall was hospitalized and unconscious
on the signing date. Have you examined the medical records of that date. Do
those records show that he was unconscious?
Such medical records can answer such a question without raising the issue
of fallibilty of memory. It doesn't matter what your witness remembers or
what the collector of the signature remembers about this date if there is a
medical record of this date which shows Goodall was unconscious.

Good luck,
Dave M.


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Old February 25th 12, 05:07 PM posted to alt.california,alt.lawyers,misc.legal,rec.games.chess.politics,soc.culture.usa
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First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default Estate of Mike Goodall - Motion for Forensic Document Examination

On Feb 25, 6:26*am, "Dave M." wrote:
Sam,

* *With regard to article 3 where you wish to challenge the authenticity of
certain documents that were signed in 1994, why use the rather fallible
memories of witnesses?
* *You clearly beieve that Colonel Goodall was hospitalized and unconscious
on the signing date. Have you examined the medical records of that date. Do
those records show that he was unconscious?
* *Such medical records can answer such a question without raising the issue
of fallibilty of memory. It doesn't matter what your witness remembers or
what the collector of the signature remembers about this date if there is a
medical record of this date which shows Goodall was unconscious.

Good luck,
Dave M.


The declaration James Hastings filed in San Francisco Court that you
can download from the court's website says that in August 1994 Col.
and Mrs. Goodall came to his office and told him that they wanted to
change their wills because Mike Goodall could not be trusted with
money.

You can download that declaration from the San Francisco Superior
Court website at
http://webaccess.sftc.org/Scripts/Ma...=-APTR99273030

We know that this is not true because Col. Goodall was in the
hospital, was a terminal case and was not going anywhere and Mrs.
Goodall was an invalid who could not climb stairs.

We are not going to tell them where Col. Goodall actually was because
then they will change their testimony to say that Col. Goodall signed
the documents in that place.

Sam Sloan
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