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  • Epstein - Forensic document examiner for OSI
  • Stewart - Forensic ink and paper expert for OSI
  • Smith - Typewriter expert for OSI

    Prosecution witnesses in jd20010529.html

    (Cleveland, May 29 - June 07, 2001)

    Title Page:
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    Case No. 1:99CV1193
    Cleveland, Ohio
    Tuesday, May 29, 2001
    10:55 a.m.






    VOLUME 1

    For the Plaintiff:
    Edward A. Stutman, Esq.
    Jonathan Drimmer, Esq.
    Michelle Heyer, Esq.
    Michael Anne Johnson, Esq.
    Susan Siegel, Esq.
    For the Defendant:
    Michael E. Tigar, Esq.
    John H. Broadley, Esq.
    Court Reporter:
    Bruce A. Matthews, RDR-CRR
    United States District Courthouse
    201 Superior Avenue
    Cleveland, Ohio 44114
    (216) 685-9949
    Proceedings recorded by mechanical stenography, transcript
    produced by computer-aided transcription.

    BRUCE A. MATTHEWS, RDR-CRR (216) 685-9949

    Stutman/Tigar; P00003 - 15; 2001/05/29; Vol.1
    [2001/05/29, Tue.; P00003 - 15, Vol. 1; Stutman/Tigar]
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    **** **** **** **** **** ****
    2001/05/29 � Stutman, Tigar
    **** **** **** **** **** ****

    P00003 - Stutman:
    �We will show that these seven documents establish that Iwan Demjanjuk, identification number 1393, served at Trawniki training camp and as an armed guard at the Majdanek concentration camp, the Sobibor extermination camp, and the Flossenburg concentration camp.�

    - Stutman further states that the OSI will prove that these documents are genuine and that they implicate Mr. Demjanjuk.
    **** **** **** **** **** **** **** ****

    P00008f - Tigar:
    - points out that, in 1981, the OSI was wrong about claiming the Mr. Demjanjuk was Ivan the Terrible of Treblinka.
    - there are a multitude of discrepancies in the submitted documents.
    - there are no living eyewitnesses.
    - no expert has stated conclusively that the signature on the Trawniki ID card #1393 was written by John Demjanjuk.
    - no fingerprints, no DNA tests.
    - points out that there is no direct or indirect evidence against Mr. Demjanjuk of having committed atrocities.
    - states that this is �trial by archive�.
    **** **** **** **** **** **** **** ****

    Gideon Epstein; P00016 - 151; 2001/05/29; Vol. 1
    [2001/05/29, Tue.; P00016 - 151, Vol. 1; Epstein]
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    P00016 - Epstein:
    - Army crime laboratory from 1967 - 1978; Bureau of alcohol, Tobacco and Firearms from 1978 - 1980; Immigration and Naturalization Service from 1980, chief in 1985, and retired December 2000.
    - He is the forensic document examiner who testified against Mr. Demjanjuk in the 1981 denaturalization trial and in the 1987 Jerusalem trial.

    P00017f - GE10 = Resume of Gideon Epstein
    - in none of these trials, including this one, does he testify as to the authenticity of the questioned signature on the Trawniki ID card #1393, which has now been designated as Government Exhibit 3 (GE3).
    - most recently examined this card in his laboratory in July 2000.

    P00024f - Tigar does a �voir dire� on Epstein�s qualifications:
    **** **** **** **** **** **** **** ****

    - Epstein concedes that he is not an expert of the chemistry of paper or ink; not an expert in the chain of custody.
    - He is not a fingerprint expert, although he supervised the fingerprint section for many years.
    - Basically he is a handwriting expert who also looks for alterations in the document.
    - Matia rules that Epstein is qualified to testify as a handwriting expert.

    P00033f - Stutman direct examination of Gideon Epstein.
    **** **** **** **** **** **** **** ****

    - GE18 = list of documents examined by Epstein.
    - of which 4 were considered disputed.
    - Epstein has the photographs of the originals, but the prosecution, defense and court have color photocopies thereof.

    P00035 - Epstein examined and photographed documents in Moscow on May 29, 30, 2000; in Berlin on May 31, 2000; and in his MacLean, Virginia laboratory.

    P00036 - GE3 = Trawniki ID card #1393 (tav/149 in 1987 Jerusalem trial)
    - First examined it in 1981, then in 1987 in Jerusalem

    P00039 - Streibel signature appears on GE3 (Demjanjuk #1393), GE45.14, 17, 32, 33 (Kabirow #1337, Bondarenko #1926, Nahorniak, Szkurhan).
    - [W.Z. Epstein either didn't notice or didn't report on the pen stop that Lubomyr Prytulak has identified on his UKAR site. Nor does he refer to the overwrite of the first e.]

    P00043 - In addition to GE3, the Teufel signature appears on GE45.12, 14, 15, 22. (Pawlo Sidorschuk, Nurgali Kabiriv #1337, Odartschenko, Unknown)
    - Epstein authenticates the signature of Streibel and Teufel by comparing them against the signatures of other documents.

    P00046 - Particularly interesting is Epstein's reference to the date/place 27.3.43 Sobibor which appears on GE3 (Demjanjuk #1393), GE45.7 (Danilchenko #1016) and GE45.14 (Kabirow #1337), which presumably were all made by the same writer [and presumably on the same date].

    P00049 - Presumably, the purple Cyrillic handwriting of Bazilevskaya appears on GE3 (Demjanjuk #1393), GE45.7 (Danilchenko #1016), GE45.4 (Juchnowskij #847), GE45.32 (Nahorniak), and GE45.33 (Szkurhan).
    - Presumably, it also appears on many of the other documents.

    - [W.Z. The bad faith of Epstein, the OSI and the Israeli prosecution is illustrated by the fact that neither in 1981, 1987 nor in 2001 did they even attempt to locate and contact Ms. Bazilevskaya to testify.]

    P00057 - The same rubber stamp �Wird der Inhaber dieses Ausweis ...� appears on GE3 (Demjanjuk #1393), GE45.4 (Juchnowskij #847), GE45.17 (Bondarenko #1926), as well as other documents.

    - "All of the stamps on these documents are extremely poorly made stamps. At that particular period of time all rubber stamp impressions were made by hand pretty much, and so any time you would do something by hand, you inject defects into it. It's not like it's stamped out by machine where one stamp is exactly the same as another."

    - [W.Z. Yes, these are exactly the types of stamps which would be made by the Polish or Jewish underground. There has never been any testimony about German stamps in any of these trials.]

    - Presumably, there are similar but different "Wird der Inhaber ..." stamps on other documents.

    P00062f - The same "Dienstsitz Lublin Ausbildungslager Trawniki" on the front cover appears on GE3 (Demjanjuk #1393), GE45.4 (Juchnowskij #847), GE45.15 (Odartschenko) and GE45.17 (Bondarenko #1926).
    - The same stamp presumably also appears in GE45.12 (Pawlo Sidorschuk) and GE45.23.

    - Once again, there are many defects therein (especially the z in Dienstsitz, the L in Lublin, the first l in ausbildungslager, the first a and last i of Trawniki), indicating the stamps were poorly made by hand.

    P00068 - The same �Zweigestelle Trawniki� circular stamp appears to the left of the Streibel signature on the outside and over the edge of the photograph on the inside of GE3 (Demjanjuk #1393), GE45.12 (Sidorschuk), GE45.17 (Bondarenko #1926), GE45.24 (Alexandr Solontschukow)

    - [W.Z. There are actually two Zweigestelle Trawniki stamps overlapping the Demjanjuk #1393 photo. One is on the bottom left and the other is on the right top. On UKAR, Lubomyr Prytulak has shown that the spacing of the interior printing of these two stamps is different. To my knowledge, none of the other photographs have two stamps.]

    P00070 - The Erlinger signature on GE4 (Majdanek quarantine infraction) is the same as on GE55 [same watermark paper from England], GE63, GE44.9 and GE44.10.
    - Epstein used 5 of 9 available Erlinger signatures.

    P00074 - The stamp on the upper left corner of GE4 and GE55 containing the date 21 January 1943 is the same.
    - This stamp has a great many "very unusual and highly unique defects" indicating that it was made by hand.

    P00076 - The Skierka signature on GE8 (Flossenburg duty roster dated Oct. 3, 1944) and GE 71 is the same.

    P00079 - The Zettl signature on GE8 and GE67 is the same.
    P00080 - Epstein claims that knowledge of the �chain of custody� is not important for his work.
    - A Miss Wilk representing the defense was present when Epstein examined the documents in Moscow and Berlin.
    - Epstein says that Julius Grant, who testified on behalf of Mr. Demjanjuk at the Jerusalem trial, is not a handwriting expert.
    - Epstein concludes that he found no discrepancies in the signatures or stamps.

    - [W.Z. We note that Epstein did not give expert testimony on the Demjanjuk signature.]

    P00085f - Tigar cross-examination of Gideon Epstein:
    **** **** **** **** **** **** **** ****

    P00087 - Tigar points out the date 12/14/48 attributed to Bazilevskaya on GE3 (Demjanjuk #1393), which Epstein had not paid attention to on this card or any of the other cards.
    - [W.Z. Actually, both on Demjanjuk #1393 and Juchnowskij #847, the number appears as 12/III-48, which presumably translates to March 12, 1948.]

    - Tigar next points out that on GE45.7 (Danilchenko #1016) the corresponding date is 9/III-48 (March 9, 1948)

    P00090f - Epstein first saw [the original] GE3 on Feb. 27, 1981 in the Soviet Embassy in Washington, DC.
    - DE D17 = Epstein report [lab notes] from 1981.

    P00091 - Tigar berates Epstein for omitting reference to an erasure of the letter I (in Ivan) in card #1393 in his 1981 report and stating �no fiber disturbance�.
    - Epstein responds that this erasure was so obvious that he considered this was not an attempt to be fraudulent. Even in 1986 he did not mention it, but only in response to an Israeli letter did he mention it.
    - [W.Z. I do not recall this coming up in Epstein's testimony in the 1987 Jerusalem trial.]

    P00094f - D19 = Epstein 1986 report for the Israelis
    - where it states that he did find fiber disturbances [erasures].
    - Epstein did the examination in May 1986 [??? the original document???]
    - Trawniki ID card was obtained from Soviets via Armand Hammer.

    P00096 - Tigar: "Have you ever seen the letter from the Deputy Head of the USA and Canada Department of the USSR that accompanied the document in 1986?"
    - Epstein: "No"
    - [Was this Arbatov, who was a so-called reformer under Gorbachev?]

    - Tigar takes Epstein to task for stating that �chain of custody� is not important.

    P00098 - Tigar seems to want to bring out that GE4 and GE55 were on similar paper. Epstein says that GE4 was on some sort of yellow aged paper that had blue writing. The original GE4 "has just arrived".

    P00101 - Tigar points out that Epstein never gave an opinion on the Demjanjuk signature in 1981 or 1987, and he wasn�t asked to refer to it today.

    P00104f - Tigar points out that some of the SS runes on the documents are hand drawn while others are printed, which Epstein missed in 1981.
    - Epstein missed that.

    P00108 - Tigar referring to GE3 (Demjanjuk #1393) and GE45.7 (Danilchenko #1016): "We also see a number of differences in the format of these two cards, is that correct?"
    - Epstein agrees.
    - The �Wird der Inhaber� stamp on #1393 is different than the one on the Danilchenko (#1016) document (GE45.7)
    - It is not clear whether the Danilchenko version is a stamp or printed.

    P00109 - Tigar points out that even though the same person signs the cards the forms may be different.
    - Epstein: "There were different versions of the same form."
    - [W.Z. We would dearly love to compare these two forms.]

    P00112 - OSI did not ask Epstein to examine Bondarenko (#1926) Personalbogen.

    P00114 - Tigar points out that there is no signature on the Danilchenko (#1016) and Juchnowskij (#847) documents.
    - Many of the documents have no signatures.

    P00116 - When he was testifying in Israel, Epstein was being paid by the INS and even flew directly into Jerusalem.

    P00118 - Tigar points out non-alignment of stamps around photo of Demjanjuk #1393, staple holes, purple stuff around staple holes, Epstein didn't look for staple holes in other documents, never examined any Personalbogen

    P00122 - Epstein worked on the case of Trifa, Archbishop of Romania, who sent a friendly postcard to Himmler in 1942 from which a fingerprint was obtained, which resulted in him being banished to Portugal.
    - Epstein never attempted to lift fingerprint from GE3.

    P00125 - In Feb. 12, 1981 report to Battisti, Epstein refers to erasure of N in Nikolai.
    - Even after looking at his report, Epstein can't recall seeing such erasure in 1981. Presumably, he saw something on the photographic copy, but did not see it when he looked at the original on Feb. 27, 1981 at the Soviet Embassy.

    P00128 - Tigar refers to a Vanya letter signed by Mr. Demjanjuk on Feb. 3, 1941. Epstein says he never saw it.
    - [W.Z. Presumably, this is the letter that William Flynn was referring to as being written on behalf of John Demjanjuk by his commanding officer.]

    P00131 - Epstein confirms that he has been working with the OSI lawyers for 21 years.

    P00132f - Stutman re-direct of Epstein.
    - There was a "rubber erasure" beneath the I in Iwan.
    - Extension of line below Demjanjuk was done with a typewriter.
    - Epstein claims to have seen this in other Dienstausweis.

    P00135 - Stutman has Epstein read from his 1981 lab notes referring to Demjanjuk's signature, where he says that only 3 letters (e, m, k) lent themselves to comparison. This was insufficient to lead to a definitive conclusion.
    - In 1986, Epstein was given many more Cyrillic signatures.
    - Tigar objects, Matia intervenes, questions Drimmer and rules that, since the Demjanjuk signature did not form part of Epstein's written expert opinion, the subject cannot be brought up now.

    P00139 - Discussion about bulges and defect in �i� in �Zweigestelle Trawniki� stamp, which appears in both GE3 (Demjanjuk #1393), GE45.12 (Sidorschuk), GE45.24 (Solontschukow) and GE45.17 (Bondarenko #1926).

    - Epstein: "The particular stamp that appears over the photograph here and here has basically two main defects. The first is that it has a bulging area where the stamp is out of circle. In other words, it bulges out in this area here and the same thing in this area here so that it's not a completely round stamp."

    - "But the other one and perhaps more significant characteristic of the stamp is that the I in Trawniki right after the N, and it's enlarged a little bit better here on this photograph so it can be more clearly seen, that that is a very defective I, and so that I is a characteristic of this particular stamp."

    P00141 - "Those defects were pointed out in my notes in 1981. They do appear in those notes, the same defects."

    P00143 - Tigar re-cross examination of Epstein.
    - On GE45.12 (Sidorschuk), the "Zweigestelle Trawniki" stamp "appears both over the photograph and next to Streibel's signature", but on GE3 "a different stamp appears on the front".

    P00144 - Tigar further points out that GE45.17 (Bondarenko #1926) has no photograph and indications of one stamp; whereas GE3 has two stamps over the photograph.
    - Epstein suggests that there was no uniformity in issuing Dienstausweis. The glue was weak and some pictures eventually came off.
    - Epstein saw a lot of erasures, which often were associated with the name.

    P00145 - Epstein has negatives of his original photographs and leaves his photograph exhibit with Matia.

    P00146 - Stutman has another original Dienstausweis GE45.11, but doesn't say of who it is.
    - [W.Z. Is this Wolembachow #1211?]

    P00151 - **** END of Epstein testimony on 2001/05/29 and in trial ****

    [W.Z. Summary:
    During the 1987 Jerusalem trial, the direct testimony and cross-examination of Gideon Epstein on the Trawniki ID card #1393 was far more detailed than in this 2001 trial:
    - There is no mention of the multitude of colors, handwritings and markings on the card.
    - There is no mention of the strange fonts used to print the form.
    - There is no mention of the use of strange German words, which appears to be more representative of Yiddish than of proper German.

    However, Epstein does talk extensively about the defects in the rubber stamps used in #1393 and other documents that he examined, presumably because they were "hand-made". He leaves the impression that all the German (and Allied?) stamps were hand-made, which I do not believe is true.

    Of major importance could be Epstein's confirmation that "there were different versions of the same form" for the Dienstausweis. Presumably, the 4 Trawniki ID cards used in Israel (#1393, #847, #1211, #1926) were one version. We have no information on the other version.

    The main purpose of Epstein's testimony appears to be to cross-reference the various signatures which appear on the various documents.

    Of course, without access to either the original documents, high resolution digitized images, or even good quality colored photographs of these documents, it is impossible to verify any of Epstein's testimony.]

    Larry Stewart; P00152 - 238; 2001/05/30; Vol. 2
    [2001/05/30, Tue.; P00152 - 238, Vol. 1; Epstein]
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    [W.Z. Both Larry F. Stewart and Thomas J. Smith work for the U.S. Secret Service, Stewart as Laboratory Director and Smith as Chief of Questioned Document Branch of the Forensic Services Division. We find it very disturbing that the U.S. Secret Service would get involved in political show trials on behalf of the Holocaust Industry.]

    P00154f - Drimmer direct examination of Larry Stewart:
    **** **** **** **** **** **** **** **** **** **** **** ****

    - Laboratory director for the United States Secret Service; in charge of all the forensic operations; chief forensic examiner in the area of document authentication; employed since 1979.

    P00155 - PE13 = Curriculum vitae of Larry Stewart.
    - Florida Technological University; University of Central Florida (BSc); Antioch School of Law, Yellow Springs, Ohio (MSc).
    - Tigar concedes that Stewart is an expert in ink and paper chemistry; computer enhancement analysis.

    P00158f - Stewart examined 22 documents in Moscow, Berlin (see Epstein above) and his Washington, DC lab.
    - GE17 = list of 22 documents examined by Stewart.
    - Stewart: "There were five documents that referred to Mr. Demjanjuk in some way, and those were considered questioned."
    - Stewart reads from list which defense has not seen previously, so Tigar has it marked as DE AA.
    - Defense law clerk was present during his examinations of documents from Moscow, Berlin and Poland but not for those from Ukraine, Lithuania or Israel.
    - no indication that any of the 22 documents were falsely dated, none were altered to make them look older.
    - looked at the documents in the infrared, ultraviolet and visible wavelength regions.

    P00164 - Drimmer: "How were these documents produced?"
    - Stewart: - "It was a combination of methods to include offset lithography, a duplication process most consistent with direct impression stencil, which is a type of mimeography, typewriting, stamp pads, fountain pens and pencils."

    - There was �no breaking on the reverse side�, which occurs if you type on very old, dry paper.
    - looked for fluorescence with ultraviolet light.
    - no evidence of chemically induced alterations.
    - no indication of titanium dioxide which is used as a paper brightener since the 1950s.

    P00171f - found watermarks on GE4 and GE55 � Greenson & Waite, dandy roll for Joe Wiggins Fine Papers Arjo, utilized from prior to 1940s to early 1970s.
    - no watermarks on other documents which is not surprising.
    - [W.Z. GE4 = Jan. 20, 1943, Erlinger document concerning Majdanek quarantine indiscretion of 4 guards;
    - GE55 = Jan. 20, 1943, Erlinger document re indiscretion of 2 Majdanek guards.]

    P00173f - The two circular stamps overlapping the photograph in #1393 do not line up.
    - However, by shifting the photo vertically, horizontally and rotating it one degree counterclockwise, he can make them line up. (He does a computer scan of the image and uses image manipulation software.)
    - Stewart concludes that this is the photograph which was originally on the card.
    - [W.Z. Surprisingly, Stewart doesn't mention the "bulges" that Gideon Epstein testified about, nor does he refer to the different spacing of the letters within the stamp that Luybomyr Prytulak on UKAR has pointed out.]

    - x-ray fluorescent spectroscopy and scanning electron microscopy yielded information on the inorganic composition of the paper, but not the organic composition.

    P00177f - Stewart took ink samples via micro-perforations technique, and did thin layer chromatography.
    - Stewart: "Yes, everywhere where it was conceivable, I took samples for the defense in case they want to have them tested." "They never requested them."

    P00182 - There is a match of the black printing ink on GE3 (Demjanjuk #1393) and GE45.14 (Nurgali Kabirow #1337).
    - Stewart: "The fountain pen inks were various different types of -- the one was an iron gallotonnate type, which is a formula that has iron in it. Another one is a -- the colored inks, the more colorful inks are what we call aniline inks, and the aniline inks were used from the 1920s forward."

    P00183 - Between GE4 and GE55 (the watermark paper), there is a match of the green fountain pen ink, the violet and gray pencil, rubber stamp defects.

    P00184 - Between GE6 and GE64, Stewart found the �black duplicating ink� to be the same.

    P00185 - The gray pencil entries on GE7 match GE55.
    - Thickness of the paper of page 25 in GE7 is 0.0032"
    - Stewart: "The questioned entries on page 25 and 69 are consistent in pencil intensity, color, thickness and pressure to the surrounding entries ..."

    P00187 - Stewart: "There were many of these documents [GE3 through 7] where the ink or pencils did not match across the document."

    P00188 - Documents from Nurnberg Trial era had many similar colored pencil markings.
    - Stewart: "The fact that a number of pencils were used in these documents is very consistent with documents of that era. When I've examined documents from the Nuremberg trial, for instance, there are many documents where pencil entries were utilized, and one of the things that one finds if they examine documents from that era is that colored pencils were a favorite to be used."

    - [W.Z. Why would a modern-day Laboratory Director of the U.S. Secret Service be examining documents associated with the Nurnberg Trials of the 1940s? When did he do these examinations? Was it somehow associated with the Demjanjuk and other OSI cases?]

    - Stewart concludes that all documents were from the 1940s era and that the photograph on Demjanjuk #1393 is the original.

    P00190 - Tigar cross-examination of Larry Stewart:
    **** **** **** **** **** **** **** **** ****

    - Stewart admits Drimmer gave him list of questions and Stewart wrote out his responses beforehand.

    P00193 - Stewart explains thin layer chromatography to Tigar and assures him that everything was done properly.

    P00194f - Tigar refers to book by "Ordway Hilton called Scientific Examination of Questioned Documents", which outlines the care required in handling documents. Tigar suggests that the people who handled the documents before Stewart saw them did not use this great care.

    P00199 - Stewart admits he has no knowledge of the location of the documents before he saw them.

    P00200f - Mr. Domarkos of the Lithuanian archives brought green book with red-bindings (GE4) to Stewart�s lab. (Has Cyrillic CCP inside, as well as Lithuanian writing.)
    - Stewart makes it perfectly clear that he is not interested in the chain of custody of the documents he examines.
    - Stewart seems to be completely unfamiliar with Cyrillic, German, Lithuanian writing.

    P00208 - Stewart did not examine the purple ink of the Cyrillic writing in GE4.
    - Page 32A insertion into GE4 "is part of this purple ink part".
    - Tigar points out that the pages in GE4 are not in chronological order.

    P00216 - The top of the GE4 document appears to be cut and is not rectilinear.
    - Paper probably manufactured in England.
    - Stewart states that for German documents in the Nurnberg Trials it was quite common to find paper and inks manufactured in the United States and England.

    P00218 - Stewart: "No, sir, but if I could elaborate a little bit on that, by examining many consistent documents in the Nuremberg trial and other similar cases, it's quite common in the early 1940s in the German possession to have not only papers from American and United Kingdom sources, but also inks. They were quite fond of many of the inks that were being used in America and England at the time."

    - [W.Z. But Germany was at war with the U.S. and Britain! Surely, the Germans weren't smuggling in paper and ink from their enemies!]

    - Tigar asks Stewart if he talked to government counsel about his examination of Nurnberg documents and then asks Matia to tell Drimmer to stop making faces and shaking his head from side to side.
    - Stewart, of course, says no.

    P00219 - Stewart doesn't know of any other Nurnberg document with a "Standard" watermark such as GE4 and GE55.

    - Stewart didn�t look for staple holes in other documents besides GE3.
    - He says that "It was not material to my examination ..." and gets into an argument with Tigar.

    P00222 - Tigar asks a question about computer movement of stamps on photo on GE3, but cannot follow it up with relevant questions.
    - [W.Z. The defense should have asked Stewart to perform the whole procedure live in front of the judge. If not, someone from the defense team should do it. Once an image is in digitized electronic format, it is very easy to manipulate and distort it.]

    P00223f - Stewart did not attempt to obtain fingerprints from GE3, although he discussed it with Stutman and Drimmer.
    - Tigar discusses the possibility of using the "laser-based method of revealing latent fingerprints on absorbent surfaces", which Stewart had, in fact, considered.
    - Tigar then refers to the Trifa case, where this method was used.

    P00229 - Tigar refers to the "purple on the front of the photograph" of GE3 and asks if Stewart thinks it is fountain pen ink. Stewart did not test it. He does not know if it is the same purple ink as on the rest of the card.

    P00230 - When asked if there was iron in the other black inks on GE3, Stewart says "I did not test it for that aspect of its composition. I tested to see if that ink matched other inks on other documents."
    - "It's a dye test where we are looking at the composition of the organic components. Iron, as you were speaking of, is an inorganic component."
    - [W.Z. Organic component of ink?]

    P00233 - Drimmer re-direct examination of Stewart.
    P00234f - Defense asked Stewart to do some tests on page 69 of GE7.
    - [W.Z. I thought that was GE4.]
    - The results tended to confirm authenticity of GE7.
    - The defense did not ask Stewart to do tests on GE3, GE4, etc.
    - Stewart says the chain of custody is immaterial to him.

    P00236 - Tigar re-cross examination of Stewart.
    - Tigar seems unaware of the tests on GE7 performed for the defense in Berlin.
    - Stewart: "I determined that page 25 and page 69 had not been reinserted or altered in any way." (of the black-bound book GE7).

    P00239 - **** END of Stewart testimony 2001/05/30 and in trial ****

    [W.Z Summary:
    As a result of the testimony of U.S. Secret Service employee, Larry Stewart, my perception of the Trawniki ID card (Demjanjuk #1393) has changed somewhat. During his testimony in the 1987 Jerusalem trial, Gideon Epstein listed at least 7 different colors of writing and markings on the card.[T005792] The purple Russian Cyrillic handwriting was presumably written by Ukr. MGB translator, Z. Bazilevskaya on March 12, 1948. My mental image was that the other handwriting and markings had been added long after that date, when the KGB was preparing to release the Demjanjuk accusations to the West.

    Stewart, however, insists that these markings are a characteristic of documents from the Nurnberg Trials era. Thus, it is possible that these markings could have been present before Ms. Bazilevskaya got hold of them or were added shortly thereafter. This is why it is so important to establish a chain of custody (as much as possible) of all the documents associated with the John Demjanjuk case.

    If Stewart's scenario is correct, the whole John Demjanjuk trial simply becomes an extension of the infamous Nurnberg War Crimes Trials of the 1940s, where the Victors wreaked vengeance upon the Vanquished, while minimizing their own complicity in war crimes and crimes against humanity.

    Once again, as in the case of Epstein, it is impossible to verify Stewart's testimony without access to the documents in question.]

    Thomas Smith; P00239 - 267; 2001/05/30; Vol. 2
    [2001/05/30, Tue.; P00239 - 267, Vol. 2; Epstein]
    [Top] [2001/05/30] [Bottom]

    P00239 - Drimmer direct examination of Thomas J. Smith:
    **** **** **** **** **** **** **** **** ****

    - Smith is employed with the United States Secret Service in Washington, D.C.; chief of the Questioned Document Branch of Forensic Services Division
    - "I examine any document that's questioned by the Secret Service or other agencies of the federal government."
    - "I conduct examinations in handwriting and typewriting."

    P00241 - GE12 = resume of Thomas J. Smith.
    P00242 - GE16 = list of documents examined by Smith.
    - Smith was in Moscow/Berlin with the rest of the OSI crew on May 29/30/31, 2000.

    P00243 - He examined GE5 and GE6 in Moscow and 3 documents in Berlin (the originals of which are in the courtroom)
    - "I examine the document physically using a handheld magnifier or microscope. Then with the aid of a typewriter test plate I measure the escapement or linear spacing of the typewriting to determine if it's an elite or pica style of type."

    P00244 - GE26 = Chart prepared by Smith to illustrate his analysis.
    - virtually all typewriter print is of the pica type 10 characters/inch spacing, which is consistent with an Olympia brand typewriter of that era.

    P00247 - Smith did typewriter analysis of GE45.4 (Juchnowskij #847), GE45.11 (?Wolembachow #1211?) and GE45.17 (Bondarenko #1926), which was consistent with an Olympia style of type.
    - Found erasure and substitution in GE45.17 (Bondarenko #1926)

    P00248 - Also, GE5, GE8 and GE9 was Olympia typewriter, GE6 could have been Olympia or other typewriter.

    P00251 - Tigar cross-examination of Thomas J. Smith:
    **** **** **** **** **** **** **** **** **** ****

    - Smith was in Moscow on May 29/30, 2000 with Stewart, Epstein, Drimmer, archival Justice Department historian [Coe], defense law clerk, translator, Miss Wilk.
    - looked at GE5 and GE6
    - He did not check to see if the same typewriter was used, just that type conformed to Olympia brand.

    P00253 - Tigar: "And you have no opinion over whether the same typewriter typed all of these service passes [Dienstausweis] you were shown; is that right?"
    Smith: "That is right."
    - [W.Z. This illustrates bad faith by the OSI and Smith.]

    - In GE3 (Demjanjuk) there was no meaningful erasure except for the �I� (in Iwan?)

    P00254 - In GE45.17 (Bondarenko #1926) in the Nationalitat line MYKOLA was typed and erased. There is an erasure before Kloschko.

    P00256 - Tigar: "Do you remember the people, the Russians that were there, refusing to give certain documents to the team from the United States on the grounds that they related to so-called internal matters?"
    - Smith: "No, sir, I don't remember that."

    P00258 - Both in Moscow and Berlin, Smith had no role in selecting documents; Drimmer simply handed them to Smith.

    P00260 - Gentleman from Ukraine visited Forensic Services Division with documents.

    P00261- Eli Rosenbaum personally brought the 4 Trawniki ID cards from Israel.

    P00262 - Smith: "The only document that appears to have been typed possibly -- or should I say manufactured by another company was the typewriting appearing on Exhibit 6. That is a style of type that is found not only on Olympia typewriters but also on a number of other typewriters, so I couldn't be more specific on 6."
    - "But all the other documents, Exhibit 3, Exhibit 5, 7, or should I say, I'm sorry, 8, 9, they appear to have been typed on an Olympia typewriter."

    P00263- The type is manufactured by Ransmeyer Rodrian.
    - some typewriters had SS runes others didn�t.
    - some documents have typewritten SS runes, others don't.
    - [W.Z. Presumably, some documents have typewritten SS runes, and some have them hand-drawn.]

    P00264 - Drimmer re-direct examination of Smith
    **** **** **** **** **** **** **** **** **** ****

    - Ransmayer Rodrian type was available in Europe in 1940s.
    - Noticed erasure of "I" in GE3, but doesn't feel it is significant.
    - Larissa, a tall blond woman, was archivist in Moscow.
    - Smith does not recall "Miss Wilk ask that archivist any questions".

    P00266 - DE BB = OSI's second supplemental request to defendant's second set of interrogatories.

    P00267 - **** END of Smith testimony on 2001/05/30 and in trial ****

    [W.Z. Summary:
    The major contribution of Thomas Smith is to testify that all the documents that he examined were typed on an Olympia brand typewriter (except for the possible exception of GE6). Surprisingly, there was no statistical evidence presented as to the various brands of typewriters used by the Germans.

    The bad faith of the OSI and Thomas Smith is illustrated by the fact that he did not verify if any of the documents were typed on the same typewriter.

    It is interesting that the director of the OSI, Eli Rosenbaum, personally brought the 4 Trawniki ID cards (#1393, #847, #1211, #1926) from Israel. These were the ones used in the 1987 Jerusalem trial. Presumably and surprisingly, they had never been returned to the Soviet Union.]

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