United States District Court District of Columbia United States of America Plaintiff, v. Michael T. Flynn, Defendant
United States District Court District of Columbia United States of America Plaintiff, v. Michael T. Flynn, Defendant
Plaintiff,
MICHAEL T. FLYNN,
Defendant.
DECLARATION OF
KHODY R. DETWILER
I, Khody R. Detwiler of Lesnevich & Detwiler, 7550 Woodbury Pike, Roaring Spring, PA
1. I am of sound mind and over the age of eighteen, and I make the following declaration
EXPERT QUALIFICATIONS
Roaring Spring, Pennsylvania. I have been involved in the field of forensic document examination
since 2008. My initial training was completed in accordance with the SWGDOC Standard for
Minimum Training Requirements for Forensic Document Examiners, under the direct supervision
pertaining to alterations, obliterations, and erasures, as well as non-destructive ink, paper, and
1
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indentation analysis, among other specialties specific to forensic document examination. Since the
beginning of my career in the field of forensic document examination over a decade ago, I have
signatures involved in various litigations throughout the United States and abroad. My
international casework has required extensive travel to locations throughout South America,
4. I have been received as an expert, and have presented evidence, on numerous occasions in
both state and federal courts throughout the United States, and internationally. A sampling of
some of the key cases I have been involved with are included in my curriculum vitae, attached
hereto as Exhibit 1. I also contract with a variety of state and federal law enforcement agencies,
insurance companies, and private entities to perform forensic document examination services on a
regular basis. My professional qualifications and affiliations are set forth more fully in my
curriculum vitae.
ASSIGNMENT
5. I have been retained in this matter by Attorney Sidney Powell, on behalf of Defendant
Michael T. Flynn in the above-captioned action, to undertake and address the following:
handwritten notations purported created during an interview that occurred on January 24, 2017,
herein referred to as “the (Q-1) notations”. Specifically, I have been asked to determine, if
possible, whether the (Q-1) notations were completed in a contemporaneous manner (i.e., during
the course of the open interview) or whether they were prepared at some point in time after the
interview concluded. Additionally, I have been asked to determine whether any portion(s) of the
2
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6. For the purpose of my analysis, I have been provided with a PDF file containing
reproductions of three (3) pages of handwritten notations (Q-1), purportedly authored by FBI
Agent, Peter Strzok during an interview with General Michael T. Flynn commencing on January
24, 2017 1.
SUMMARY OF CONCLUSION
7. Based upon the inherent limitations arising from the examination of non-original evidence,
compounded with the lack of any known comparison handwritten notations of Agent Peter Strzok
(i.e., other non-contested handwritten notations prepared under like conditions), it has been
determined that no conclusion can be rendered as to whether the submitted (Q-1) notations were
written during the course of the January 24th interview, or prepared at a subsequent time period.
forensic document examinations, such as spectral ink analysis or electrostatic detection analysis,
could be conducted to further address whether any portion(s) of the submitted (Q-1) notations were
8. The conclusion summarized above corresponds to the “no conclusion (totally inconclusive,
indeterminable)” point on the nine-point conclusion scale propounded by the Scientific Working
Group for Forensic Document Examination (“SWGDOC”) 2 Standard Terminology for Expressing
1
Attached as Exhibit 2 is a true and accurate reproduction of the Exhibit Q-1 notations submitted for
analysis in this matter.
2
The Scientific Working Group for Forensic Document Examination develops standards and guidelines for
the field of forensic document examination. SWGDOC is composed of private examiners and government examiners
from local, state, and federal laboratories throughout the United States. SWGDOC began in 1997 as TWGDOC
(Technical Working Group for Questioned Documents), was renamed SWGDOC in 1999, and was reorganized in
2001. From 2000 to 2012 SWGDOC published their standards through the American Society for Testing and
Materials International (now simply ASTM International). In 2012 SWGDOC stopped publishing their standards
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follows: “This is the zero point of the confidence scale. It is used when there are significantly
limiting factors, such as disguise in the questioned and/or known writing or a lack of comparable
writing, and the examiner does not have even a leaning one way or another.”
ANALYSIS DISCUSSION
9. When attempting to determine whether a handwritten entry has been modified or changed,
there are several non-destructive examinations that can be conducted by forensic document
examiners in an effort to address such a query; however, most (if not all) of these types of
specialized examinations require that the analysis be conducted with the original evidence.
10. On the basis thereof, one of the more common types of non-destructive specialized
“spectral” examination. In many cases, this type of analysis is routinely completed with the aid of
carry out these types of specialized examinations and comparisons with a Foster + Freeman Video
11. In short, the VSC® is a scientific instrument, or platform, that allows an examiner to non-
destructively examine and evaluate materials, such as inks and papers, beyond the visible light
spectrum; which is accomplished by using different light sources (e.g., Infrared and Ultraviolet)
together with various light filters. Since different ink compositions will often absorb and reflect
light at different wavelengths, it may be possible through spectral ink analysis to determine if a
through ASTM and began self-publishing their standards as is the practice for nearly every other SWG group
(http://www.swgdoc.org).
3
Attached as Exhibit 3 is a true and correct copy of the product brochure for the Foster + Freeman Video
Spectral Comparator VSC®6000/HS.
4
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handwritten entry (or portions of a handwritten entry) found within a document were written with
12. Specifically, if you were to examine a handwritten entry that was prepared with two
different writing ink formulas, using infrared lighting and bandpass filters, differences in the
optical properties of the two ink formulas may become visible. With the VSC®, these “differences”
are often observed as “Grayscale” variations which result in the illusion that one ink formula
“disappears” from the document, while the other remains perceptible; however, this phenomenon
is the actual visualization of the different ink components absorbing and reflecting the light source
at that particular wavelength. Therefore, if you were to examine a series of handwritten notations
that were modified or prepared with a multiple writing ink formulas, it may be possible to visualize
and image the changes or additions through non-destructive VSC® spectral ink analysis; however,
13. Aside from the vast ink discrimination capabilities, non-destructive VSC® spectral
analysis may provide additional pertinent information through a variety of other specialized
examinations, including: paper stock analysis, paper fiber disturbance detection (caused by
erasures, chemicals, and/or other means), watermark visualization and examination, indentation
imaging and decipherment, latent image analysis, security feature detection and examination, as
well as font and print process identification and comparison. When original evidence is submitted
14. When tasked with determining whether modifications or insertions have occurred within a
questioned entry or document, non-destructive indentation analysis may provide key evidence
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15. Indentation examinations are routinely conducted utilizing a variety of lighting techniques
(e.g., oblique lighting), as well as a Foster + Freeman Electrostatic Detection Apparatus (more
16. The ESDA® analysis allows for an examiner to non-destructively develop and examine
writing indentations, either visible or latent, that may appear on the surface of a document. The
physical results of the ESDA® analysis are encapsulated as “ESDA® Lifts” which can be used for
further examination to sequence writings, or to link the writing impressions to other documents
and/or sources. Additionally, through ESDA® indentation analysis it may possible to establish the
“date” a document or entry if the recovered impressions or indentations can be sourced back to
17. As indicated, the original evidence would be required to conduct both the VSC® and
ESDA® examinations. If the original (Q-1) notations were made available for inspection a
definitive conclusion as to whether or not any portion(s) of the notations were modified or added
EXAMINATIONS CONDUCTED
18. In an attempt to fully-address the proposed assignment in this matter, I completed a series
of visual examinations and comparisons of the (Q-1) notations. To the extent possible, each of the
handwriting examinations and comparisons conducted in this matter were non-destructive and
4
Attached as Exhibit 4 is a true and correct copy of the product brochure for the Foster + Freeman ESDA®2.
6
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19. Although the overall format of (Q-1) notations may not appear to be entirely consistent
with the “anticipated” writing format often associated with notetaking (e.g., inter/intra word
spacing, formatting, and overall writing size), without access to comparison notations it is not
possible to establish a baseline, or habit pattern for how Agent Strzok would normally record
notations under similar conditions. As such, there is no way to determine whether the (Q-1)
notations are representative of the complete normal and natural handwriting habits and
can be rendered as to whether the (Q-1) handwritten notations were prepared during the interview
20. If additional comparable 6 notations of Agent Strzok written under similar conditions could
be obtained and submitted for analysis, it may be possible to determine whether the (Q-1) notations
were prepared as purported. In consideration of both the observations made, as well as limitations
present, further analysis of the original evidence would likely be necessary to support any
21. In the event circumstances may warrant, I reserve the right to supplement this declaration
upon the receipt of any additional evidence, including the originals or better-quality reproductions,
and/or any other pertinent information specific to my analysis in connection with this matter.
5
“No conclusion (totally inconclusive, indeterminable) – This is the zero point of the confidence scale. It is
used when there are significantly limiting factors, such as disguise in the questioned and/or known writing or a lack
of comparable writing, and the examiner does not have even a leaning one way or another.” - SWGDOC Standard
Terminology for Expressing Conclusions of Forensic Document Examiners.
6
“Comparable - pertaining to handwritten items that contain the same type(s) of writing and similar
characters, words, and combinations. Contemporaneousness and writing instruments may also be factors.” -
SWGDOC Standard for Examination of Handwritten Items.
7
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EXHIBIT 1
CURRICULUM VITAE OF
KHODY R. DETWILER
T h e Document
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KHODY R. DE T WILER
Forensic Document Examiner
khody@lesnevich.com A forensic document specialist with a focus in handwriting and signature analysis. I
provide detailed, proprietary reports, and high-quality demonstrative exhibits for attorneys,
linkedin.com/in/ state and federal law enforcement agencies, insurance agencies, mid to large sized
khody-r-detwiler businesses, and private clientele. My objective for every consultation is to provide my
7550 Woodbury Pike
clients with the expertise needed so they can confidently proceed to court or make an
Roaring Spring, PA 16673 informed internal decision about the nature or authenticity of a written or digital document.
Roaring Spring, PA
814.793.2377 HIGHLIGHTS/ MAJOR CASE S
Pittsburgh, PA
412.430.3887
PEOPLE VS. CORY BYRD (IND. #2011-749) & PEOPLE V.
Philadelphia, PA
DAVID STEVENSON (IND. #2013-067)
215.800.0120
• Retained by the Orange County District Attorney’s Office in Goshen, New York to examine
www.lesnevich.com evidence, and provide expert witness testimony, in two separate highly publicized homicide
trials involving the murder of a 4-year-old child, and the murder of a 35-year-old mother of
four. Both trials resulted in guilty verdicts.
SKILLS
EXONERATION OF SHAURN THOMAS (PHILADELPHIA, PA)
Trials • Retained by the Pennsylvania Innocence Project and Dechert LLP in the successful
exoneration of Shaurn Thomas. Mr. Thomas spent 24 years in a Pennsylvania prison for a
Civil Litigation
murder that he did not commit.
Forensic Research
Criminal Prosecution PEOPLE VS. ANTHONY D. MARSHALL AND FRANCIS X. MORRISSEY, JR.
Criminal Investigations (BROOKE ASTOR)
• Assisted on a matter in which our firm was retained by the New York County District
Courtroom Demonstratives
Attorney’s Office (Manhattan) in a highly publicized criminal case involving the Estate of
Brooke Astor.
SERVIC E S
KHODY R. DE T WILER
Forensic Document Examiner
khody@lesnevich.com THE ISLAMIC BANK OF ASIA LTD., VS. AHMAD HAMAD ALGOSAIBI &
BROTHERS CO. (SINGAPORE)
linkedin.com/in/ • Retained by counsel representing the Islamic Bank of Asia Ltd. in a matter involving multiple
khody-r-detwiler fraud claims in connection with a series of multi-million-dollar banking transactions originating
7550 Woodbury Pike
from Singapore and Saudi Arabia.
Roaring Spring, PA 16673
Roaring Spring, PA CHEVRON VS. DONZINGER, ET. AL., (S.D.N.Y.); AGUINDA V. CHEVRON
814.793.2377 (LAGO AGRIO, ECUADOR); CHEVRON V. REPUBLIC OF ECUADOR
Pittsburgh, PA
(THE HAGUE, NETHERLANDS)
412.430.3887 • Retained by counsel representing Chevron Corporation in several different international legal
proceedings stemming from a multi-billion-dollar environmental lawsuit originating from Lago
Philadelphia, PA
215.800.0120 Agrio, Ecuador.
handwriting and
SANUM INVESTMENTS LTD VS. GOVERNMENT OF THE LAO PEOPLE’S
signature analysis DEMOCRATIC REPUBLIC
• Retained by counsel representing Macau-based Sanum Investments and Netherlands-based
electronic signature verification
Lao Holdings, NV in bilateral investment treaty arbitration claims against the Government of
Non-destructive ink, paper,
Laos.
and indentation analysis
KHODY R. DE T WILER
Forensic Document Examiner
forensic consulting As part of my training, I was also responsible for conducting a wide variety of case-
specific research and literature reviews correlating to each of the individual cases
handwriting and
submitted to our laboratory for analysis.
signature analysis
electronic signature verification This task was primarily accomplished through extensive review and study of the leading
Non-destructive ink, paper,
authoritative texts and peer-reviewed journal articles published within the Forensic
and indentation analysis Document Examination field.
KHODY R. DE T WILER
Forensic Document Examiner
forensic consulting
ROCHESTER INSTITUTE OF TECHNOLOGY - PRINTING PROCESS IDENTIFICATION AND
handwriting and
IMAGE ANALYSIS FOR FORENSIC DOCUMENT EXAMINERS SEMINAR
signature analysis (Rochester, New York - November 12-15, 2013)
• Some of the topics of instruction included the following:
electronic signature verification
- Traditional and Digital Printing Process Identification and Discrimination
Non-destructive ink, paper,
- Image Analysis and Digital Image Processing
and indentation analysis - Security Inks and Security Papers
forensic document examination
and authentication Khody R. Detwiler CV (October 2019) - Page 4 of 14
T h e Document
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KHODY R. DE T WILER
Forensic Document Examiner
SKILLS EDUCATI ON
Trials
BACHELOR OF SCIENCE
Civil Litigation
Criminal Justice
Forensic Research The Pennsylvania State University
Criminal Prosecution University Park, Pennsylvania
Criminal Investigations 2005 - 2009
Courtroom Demonstratives • Deans List Honors
• From August through December of 2008, I completed a mandatory semester long
SERVIC E S internship with Gus Lesnevich for partial fulfillment of my bachelor’s degree in the
Criminal Justice program at Penn State University.
forensic consulting
handwriting and
signature analysis
KHODY R. DE T WILER
Forensic Document Examiner
KHODY R. DE T WILER
Forensic Document Examiner
KHODY R. DE T WILER
Forensic Document Examiner
KHODY R. DE T WILER
Forensic Document Examiner
KHODY R. DE T WILER
Forensic Document Examiner
KHODY R. DE T WILER
Forensic Document Examiner
Criminal Prosecution
NORTHEASTERN ASSOCIATION OF FORENSIC SCIENTISTS (NEAFS) 40TH
Criminal Investigations ANNUAL MEETING
Courtroom Demonstratives (Hershey, Pennsylvania - November 3-6, 2014)
• Workshop: Ethics in the Practice of Forensic Science
SERVIC E S - (Instructed by Robin Bowen of West Virginia University)
forensic consulting
handwriting and
signature analysis
KHODY R. DE T WILER
Forensic Document Examiner
handwriting and
signature analysis
KHODY R. DE T WILER
Forensic Document Examiner
SKILLS Since beginning my career in the field of Forensic Document Examination, I have conducted a
wide variety of forensic examinations on thousands of individual documents and signatures
involved in various litigations throughout the United States and abroad. My international
Trials casework has required extensive travel throughout Europe, South America and the Middle East.
Civil Litigation In addition, I have also been retained on numerous international matters that have not required
international travel.
Forensic Research
Criminal Prosecution TE STIMONY EXPERIE NC E
Criminal Investigations
Courtroom Demonstratives
I have been received as an expert, and have presented expert evidence, on numerous occasions
in both state and federal courts throughout the United States, and internationally. A complete
SERVIC E S testimony list is available upon request.
forensic consulting
handwriting and
signature analysis
KHODY R. DE T WILER
Forensic Document Examiner
SERVIC E S
forensic consulting
handwriting and
signature analysis
EXHIBIT 2
THE (Q-1) NOTATIONS
Case 1:17-cr-00232-EGS Document 129-18 Filed 10/24/19 Page 25 of 29
DOJSCO-700021196
Case 1:17-cr-00232-EGS Document 129-18 Filed 10/24/19 Page 26 of 29
DOJSCO-700021197
Case 1:17-cr-00232-EGS Document 129-18 Filed 10/24/19 Page 27 of 29
DOJSCO-700021198
Case 1:17-cr-00232-EGS Document 129-18 Filed 10/24/19 Page 28 of 29
EXHIBIT 3
PRODUCT BROCHURE:
FOSTER + FREEMAN VSC®6000/HS
Case 1:17-cr-00232-EGS Document 129-18 Filed 10/24/19 Page 29 of 29
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