FORENSIC TAPE ANALYSIS, INC.
(This document is provided as an
aid in writing a motion for original audio and videotape evidence
Expert Affidavit of Steve Cain
BE IT KNOWN, that on this the ____________
day of ________________, 2002
BEFORE ME, a duly sworn and competent authority in and for the County of
Walworth, NOTARY PUBLIC, and the undersigned affiant and competent witnesses
appearing herein below,
DID PERSONALLY APPEAR: STEVE CAIN, a person of the fully age of Majority,
residing and domiciled in the State of Wisconsin, County of Walworth.
WHO AFTER BEING DULY SWORN BY ME, did depose and state:
1. I am the President of Forensic Tape Analysis, Inc. I have been retained by
__________________ to provide said Attorney with the preparation and production
of reports, memoranda and internal defense documents. I have been retained as an
expert on matters relating to audio, video, and voice identification and to
assist said Attorney with regard to evidence produced by the State of
_______________ through the use of highly technical electronic surveillance
equipment and reproduction equipment of which said Attorney has a limited
understanding. My vitae, which sets forth my qualifications can be accessed from
my Internet website, www.tapeexpert.com and is incorporated herein by reference
as being a complete and accurate recount of my qualifications in this field.
2. I am requesting that the original evidence recorders on which the original
evidence tapes were made and the original evidence tapes (all of them) be
supplied in order that a proper analysis and authentication be conducted in my
laboratory at 6242 Jones Rd, Lake Geneva, Wisconsin 53147.
3. I am further requesting that the original electronic surveillance
equipment and any and all recorder(s) be made available for inspection in my
laboratory and identified with the original tape recording described in the
preceding paragraph and also be made available for inspection by _____________
Attorney at Law.
4. The tests which may be necessary to be performed such as Critical
Listening, Magnetic Development, Waveform Analysis, Spectrographic Analysis,
Spectrum Analysis, Video Authenticity, Voice Identification and Tape
Enhancement, are in detail in my article from the Prosecutor Magazine entitled
"Sound Recordings as Evidence in Court Proceedings" and other articles
available which can also be cited in my vitae and at my Internet website,
www.tapeexpert.com and is incorporated herein.
5. It is imperative that these tests be performed on the original tapes and
tape recorders for authenticity and validity. It is further imperative that the
electronic eavesdropping equipment be made available for inspection and
identified with each and every recording made.
6. The equipment required to perform these tests is laboratory equipment
valued in excess of $300,000 and it is not readily transportable. Field testing
can be provided on a selective basis. A manner commonly used to satisfy chain of
custody and evidence requirements in my experience is Federal Express.
Stipulating to a true and accurate copy being utilized if the original is lost
is a protection for all concerned.
7. The evidence recorder would be returned with 10 working days from receipt
of it and my report would be available within 21 working days from that date.
8. I have worked with the following individuals on cases where their evidence
was transported to my laboratory for the purposes of examination.
Michael K. Ausbrook - Attorney at Law 812-334-4116
Brent Rosenberg - Rosenberg Law Firm 515-243-7600
Raymond Dall'Osto - Gimbel Reilly Guerin & Brown 414-271-1440
Samuel Guiberson - Guiberson Law Offices 713-861-3500
David Eldridge - Ritchie Fels & Dillard 423-637-0661
THIS DONE AND PASSED, before me, Notary Public, and the undersigned affiant
and competent witnesses, after due reading of the whole, on the date and in the
Further the affiant sayeth naught.
(STATE OF WISCONSIN)
(COUNTY OF WALWORTH)
Subscribed and sworn to before me by Steve Cain
this the _____________ day ______________________2001.
WISCONSIN State at Large
My commission expires: