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Old June 30th 12, 02:49 PM posted to rec.games.chess.politics,misc.legal,rec.games.chess.misc,alt.california,soc.culture.usa
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Default Estate of Mike Goodall - Report on Forensic Document Examination

SAM WARE (State Bar No. 105005)
700 Larkspur Landing Circle, #199
Larkspur, CA 94939

Telephone 415-464-4872

E-mail

Attorney for Sam Sloan,
administrator of Estate
of K. Michael Goodall

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO


In the Matter of the Goodall

Family Trust dated September

12, 1990 )
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) Case No. PTR-99-273030

Declaration of David S. Moore

Hearing Date:
Time:

Department: 204



David S. Moore declares:

1. I make this declaration based upon my own personal knowledge unless
otherwise stated.
2. I am a Forensic Document Examiner. I have a laboratory located at
9010 Barrhill Way, Fair Oaks, California 95628. This laboratory
contains highly sophisticated devices such as microscopes that enable
me to determine if a document is authentic or not.
3. I have 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. I have 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. I have
been certified as a "Diplomate" of the American Board of Forensic
Document Examiners since 1978. From 1999 to 2002, I served as one of
the Directors on that Board. I have published numerous articles in the
field of forensic document examination in the Journal of Forensic
Sciences, including “The 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, I have 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.

4. I have 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.

5. I have 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.

6. In order to conduct a proper forensic document examination of
the original questioned wills and trusts in this instant case, it is
my 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.

7. These types of examinations are necessary to evaluate the
genuineness of questioned documents. An ink examination allows me 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 me 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 me to draw conclusions about the time frame in which the
document was created and about the genuineness of the document.
8. The indentation examination, the ink examination, the
fluorescence and luminescence examinations require the use of
laboratory equipment. For example, the microscope that I use is a
stereoscopic trinocular microscope that is not readily portable. The
video spectral comparator (VSC) that I use for ink evaluation is not
readily portable. The Electrostatic Detection Apparatus (ESDA) that I
use for detecting and visualizing indentions is 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.
9. The various examinations that I have listed and the equipment
that I 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.

10. On May 7, 2012, I conducted a Forensic Document Examination
of the wills of Kenneth F. Goodall and Rachel A. Goodall on file at
the Marin County Civil Court located at The Civic Center, Hall of
Justice, Room 113, San Rafael CA 94901. In this forensic document
examination I was assisted by Irene Mariani, Supervisor in the Civil
Department of the Clerk's Office. These 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.

11. I have examined at my office laboratory in Fair Oaks,
California a white file folder with a business card of James R.
Hastings, Attorney at Law, annexed. This white file folder contains
the following documents:

Bill from J. R. Hastings dated July 27, 1994

Bill from J. R. Hastings dated July 20, 1994

Business Card of James R. Hastings

Letter by J. R. Hastings to Kenneth and Rachel Goodall dated July 26,
1994

Assignment of Personal Property from Kenneth and Rachel Goodall to the
Goodall Trust undated and unsigned marked COPY

Letter from J. R. Hastings to Christine Clausen of Bank of America
dated July 26, 1994 informing B of A that it has been named alternate
executor of the Goodall Trust unsigned by Hastings and Kenneth and
Rachel Goodall marked COPY

Unsigned Declaration of the Goodall Trust, 37 numbered pages plus one
unnumbered page entitled SCHEDULE OF COMMUNITY PROPERTY ASSETS

One Page AMENDMENT TO GOODALL TRUST Preamble unsigned and undated
marked COPY with one page unsigned Notary Public acknowledgment by
James R. Hastings (This two page document is NOT included in the 1994
Trust as submitted by Bank of America but is stapled on top of the
unsigned 1994 trust)

Last Will of Rachel Goodall unsigned

DURABLE POWER OF ATTORNEY FOR MANAGEMENT OR PROPERTY AND PERSONAL
AFFAIRS unsigned and marked COPY

DURABLE POWER OF ATTORNEY FOR HEALTH CARE unsigned and marked COPY

DURABLE POWER OF ATTORNEY FOR MANAGEMENT OR PROPERTY AND PERSONAL
AFFAIRS signed original signed by Rachel Goodall accepted by Kenneth
Goodall notarized by James R. Hastings on August 24, 1994 in legal
blue backing

DURABLE POWER OF ATTORNEY FOR HEALTH CARE signed original by Rachel A.
Goodall dated August 24, 1994 witnessed and signed by James R.
Hastings and Nancy Rodgers in legal blue backing

A separate document entitled “Employment of J. R. Hastings Law
Corporation Estate of Kenneth F. Goodall” dated September 19, 1994
signed by James R. Hastings and Endorsed by Rachel Goodall on SEP 27,
1994

12. I have examined documents contained in a Green Ring Binder that
appear to be original documents. The Green Ring Binder includes tab
markers. It contains the following signed original documents under
these respective tab numbers:

Tab 7: Original Letter from James R. Hastings to Kenneth F. and Rachel
Goodall dated September 12, 1990, with original signature by James R.
Hastings and pencil notes by Kenneth F. Goodall

Tab 9: Durable Power of Attorney signed by Kenneth F. Goodall dated
August 26, 1989 and notarized by James R. Hastings

Tab 10: Contributions of Anatomical Gift dated May 16, 1989 and April
26, 1989, signed by Kenneth F. Goodall witnessed by James R. Hastings

Tab 10: Contributions of Anatomical Gift dated May 16, 1989 signed by
Rachel A. Goodall witnessed by James R. Hastings. (This is one of the
two original signatures we have of Rachel A. Goodall.)

Tab 11: California Natural Death Act Directive to Physicians dated
April 26, 1989 signed by Kenneth F. Goodall witnessed by James R.
Hastings

Tab 11: California Natural Death Act Directive to Physicians dated
April 26, 1989 signed by Rachel A. Goodall witnessed by James R.
Hastings

Tab 11: California Natural Death Act Directive to Physicians dated May
16, 1989 signed by Kenneth F. Goodall, no witnesses.

Tab 12: Durable Power of Attorney on official form signed by Kenneth
F. Goodall no date

Tab 14: Personal Affairs Workbook signed on the first page by Kenneth
F. Goodall with numerous hand written notes in pencil.

13. I have also examined the following documents which are copies,
not originals:
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.

14. The conclusions I have reached as a result of these
examinations are as follows:

There are no inconsistencies in the signatures of Nancy Rodgers. They
were all signed quickly and legibly.

The signatures of Rachel Goodall and Kenneth F. Goodall on the DURABLE
POWER OF ATTORNEY FOR MANAGEMENT OR PROPERTY AND PERSONAL AFFAIRS were
signed with two different blue pens. This is not inconsistent with the
view that Kenneth F. Goodall was hospitalized at the time and that he
and his wife Rachel Goodall signed this document at different times
and places. I have concluded that these signatures are genuine.

The document entitled AMENDMENT TO THE GOODALL TRUST as filed in San
Francisco Probate Court is a copy of a FAX. The FAX markings show it
was transmitted on November 24, 2008 at 12:31 PM. The facsimile
process greatly distorts the information being transmitted. This
distortion is readily evident when attempting to evaluate the
authenticity of faxed signatures. From the submitted fax copy, no
determination can be made regarding whether the purported signatures
of Mr. and Mrs. Goodall were naturally and freely written or whether
they contain evidence that would support the belief that they were not
genuine. Needless to say in a FAXed document, no determination can be
made regarding whether similar or different inks were used to create
the questioned signatures. Furthermore, no determination can be made
from this fax copy regarding any indentation evidence that may exist,
or whether differences exist in paper, staple holes, creases and
folds, machine printing, etc. Any and all of these aspects should be
considered in evaluating the authenticity of the document – but they
cannot because of the poor quality of this faxed document. This is a
perfect example of the acronym “GIGO” (Garbage in - Garbage Out). For
these reasons, I will need to examine the original document to
determine if these are valid signatures. Presently, I am neutral on
the question of whether these are authentic signatures. With respect
to these questioned signatures, none of the following alternatives can
be excluded:
- They may be tracings.
- They may be simulations.
- They may be the product of a “cut and paste”.
- They may be genuine.

I declare under penalty of perjury under the laws of the state of
California that the foregoing is true and correct.

Executed at Fair Oaks, California this 23rd day of May, 2012.



David S. Moore

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