Q. When you were first retained did you agree to assist for a fee?
A. No, I did not. In fact, I -- prior to being officially retained and while still an employee of the department of justice, I contacted the ethics officer at the Immigration and Naturalization Service and asked for permission to become involved in the case on a pro bono basis
I had put in more than 50 hours of examination time in the case for which I did not bill anyone.
Epstein was asked why his opinion differed from some other document examiners, including Dusak.
His answer:
Everyone knows everyone else. There are certain document examiners who, because of their exposure in the profession, because of the work that they do, because of the workshops that they may present, are looked upon by other examiners as leaders in their field.
it was a matter of chain of events, one document examiner after another refusing to go up against someone who they knew, someone who was large in the profession, for fear that they would be criticized for saying something that another examiner -- it's sort of like an ethics within the medical community, where one doctor protects the other doctor.
I feel personally that the other examiners were simply afraid to state what they believed to be the truth, or that they simply didn't devote the necessary time.
This is the kind of case that you have to devote a tremendous amount of time and effort to. I've spent a lot of my years working cases where you don't count the hours, you simply count the weeks and you count the months and you devote the time that's necessary.
If a document examiner is working this kind of a case and counting the hours, he's going to get to a point where it's going to be too expensive for him to bill, and so he's either not going to do the case in the time that's required or he's going to cut the time short.
And I just don't believe that some of these people devoted the necessary amount of time to the case to come up with the correct conclusions, and I think they simply went along with what had been previously said because it was the most expedient thing to do.
DEPOSITION OF GIDEON EPSTEIN
May 17, 2002
That's what I've been trying to say!