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Sample Affidavit

 (This document is provided as an aid in writing a motion for original audio and videotape    evidence discovery.)

  In the ____________ Court of Walworth County , Wisconsin

  (State of Wisconsin )  


  ( County of Walworth )

  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 place aforesaid.

Further the affiant sayeth naught.




Steve Cain





Subscribed and sworn to before me by Steve Cain

this the _____________ day ______________________2001.

WISCONSIN State at Large
My commission expires:


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