Page 76 of The Right to Remain

From the outset, Jack had known he would need a handwriting expert to analyze Owen Pollard’s “suicide” list. He’d hired a good one in Dr. Gerald Stone, a former forensic handwriting and forgery analyst with the FBI’s questioned-document unit. But at such a critical point in the hearing, Jack didn’t put Stone in the category of “urgent” matters.

“Bonnie, there’s nothing more important right now than getting ready for the prosecution’s next witness.”

“Dr. Stone said this could turn the case completely around for Elliott,” she said. “He’s one hundred percent certain that Owen Pollard did not create the list of ‘Things Stressing Me Out.’”

Jack blinked, not comprehending. “Bonnie, this is a homicide case. Our strongest defense is that Owen Pollard committed suicide. How does ithelpmy client if my own handwriting expert is certain that the suicide list is a fake?”

“Just call him. He can explain.” A pair of MDPD officers walked past them. Cell phones were allowed in the lobby, but there was no privacy.

“Let’s go outside,” said Jack. He led, and Bonnie followed him pastthe guard and out the secured exit. They found a bench just outside the gate near the corner street sign. Thirteenth Street. It was never lost on Jack that the county jail was no one’s lucky number.

Jack dialed, and Dr. Stone answered immediately, obviously waiting for the call.

“Jack, I have some good news,” said Stone.

“So I’m told,” said Jack. “But I’m having trouble seeing how it’s ‘good news’ that Owen Pollard’s suicide list is a fake.”

“Because the good news is that your client didn’t write it.”

The doctor suddenly had Jack’s full attention. “Tell me more,” he said into the phone.

“Whoever wrote that list was trying very hard to mimic Owen Pollard’s handwriting. For example, the term ‘BB’s Mom’ is repeated more than a dozen times. The repetition of those two letters together—BB—is a very robust data point.”

“What do you mean by that?”

“If I asked someone to write ‘BB’ ten times, I would expect to see noticeable variations in those ten samples. The top of theBmight be smaller than the bottom. The top and bottom might be the same size. The bottom of the straight edge might drop below line. These variations are normal, even when written by the same person.”

“Are you saying these ‘normal variations’ don’t appear in Owen’s list?”

“Exactly. The letterBappears the same, over and over again. Almost no variation. And that’s the point. It’s as if someone checked to see how Mr. Pollard wrote the letterBand then meticulously re-created that identical image over and over again. And it’s not just theB. I note other examples in my final report.”

A noisy dump truck rumbled around the corner, its diesel exhaust adding to the cloud of confusion. “That’s all fine and good. But how can you tell that Elliott didn’t create the fake?”

“Even in a meticulous forgery, certain characteristics of one’s own handwriting may be too stubborn to keep out of the forgery.”

“Seems logical,” said Jack. “We all have habits that are ingrained in our brain since elementary school.”

“Yes, and here’s the clincher. The fake list contains numerous examples of deeply ingrained habits the forger could not erase from his forgery. Those same handwriting traitsalsoshow up in the handwritten note you found on your windshield.”

Jack had sent Dr. Stone the note after MDPD bagged it as evidence in the case.

“Are you saying the suicide list and the note on my car were written by the same person?”

“That’s my opinion.”

“And Elliott was in jail when I found that note on my car,” said Jack, closing the loop on the analysis.

“Bingo,” said Dr. Stone.

“There’s one problem,” said Jack. “Judge Garrison probably won’t let me put you on the witness stand without a written report for the prosecutor to review in advance. Ms. Weller will surely claim unfair surprise.”

“That’s fine,” said Stone. “How soon do you need a report?”

Jack checked his watch. “How fast can you write it?”

“I’ll get right on it.”

Jack thanked him, and the call ended.