PUBLISHER'S NOTE: A reader raises an excellent point: "This happens every now and again with state experts with little consequence, interested to see what happens here." I couldn't agree more. Another thought: After years of trying to pull information out of the police both as a criminal lawyer and a reporter, I couldn't help but notice the flood of details in the Sherrif's department's press release announcing the charges laid against the defence expert. HL.
Harold Levy: Publisher: The Charles Smith Blog;
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STORY: "Defrocked expert witness in child sex cases 'squeaked by' with little vetting," by reporter Tony Marrero, published by The Tampa Bay Times on September 29 2106. (Thanks to CSIDDS (Forensics in Focus) for bringing this case to our attention. HL);
GIST: "Josh Adams thought he'd found a solid expert witness for his client. The Orlando lawyer was representing Jason Eugene Daniels, who faced
more than a dozen felonies involving sexual abuse of a child. Adams said
Daniels' cellmate William Teets had mentioned Chester Kwitowski, who
had already appeared as computer forensics expert in other Polk County
cases including Teets'. Adams called Kwitowski and asked for his resume.
"He certainly seemed very confident and knowledgeable, and I never had any reason to be suspicious," Adams said Friday. But when Adams put Kwitowski on the stand in a Polk County courtroom,
the story his resume told began to unravel. A Polk sheriff's detective
appearing as an expert witness for the prosecution grew suspicious about
inconsistencies in Kwitowski's qualifications and the agency launched
an investigation. On Thursday, the 57-year-old Tampa resident was arrested in Polk and
charged with five counts of lying under oath about his educational
background, professional certifications, military service and time spent
working on sensitive government projects. He specialized as a defense
witness in cases involving sexual abuse and child pornography. The Tampa Bay Times found another apparent inconsistency.
Kwitowski claimed to have held "information technology and systems
support contracts" with the Hillsborough County Clerk of the Circuit
Court and the County Administrator's office. Those offices report no
record of any contracts with, or payments made to, Kwitowski or his
company, Brightside Enterprises. ........Legal experts say the case exposed a breakdown in a judicial system that aims to uncover the truth. "Somehow or other this guy squeaked by," said Jack Townley, president
of the Florida chapter of the Forensic Expert Witness Association.
"It's hard to believe he went as far as he did without someone getting
after him or attacking his credentials.""......... Kwitowski's resume states that he has testified as an expert witness
on more than 50 occasions in Pinellas, Hillsborough, Pasco and Polk
counties. At a news conference Thursday, Polk County Sheriff Grady Judd
said detectives were uncertain whether that was true. It's also unclear when Kwitowski first testified as a witness.
Whenever it was, that first case gave him instant credibility that made
other attorneys less likely to thoroughly vet his credentials before
hiring him, said Townley, the FEWA president. "Once you can prove you've been accepted as a witness in court and
have verifiable testimony as an expert, an attorney is less likely to go
through the process," Townley said. "Every hour an attorney spends
vetting somebody costs their client." Anyone who wants to be an expert can pay to be listed on a website
like JurisPro or SEAK Inc. Those sites don't vet backgrounds, Townley
said. FEWA has its own directory and verifies court experience but does
not check education or certifications.......... Kwitowski had been arrested three other times in Florida, all between
2001 and 2007. He was acquitted in one case and the charges were
dropped in two, including a Pinellas charge of making a false report of a
crime. Prosecutors routinely ask witnesses if they've ever been arrested and
Kwitowski was forthcoming about his arrest history in a prior
deposition, said Brian Haas, chief assistant state attorney for the 10th
Judicial Circuit, which includes Polk County. "But since he hadn't been convicted there was nothing we could do," Haas said. Haas said it's not financially feasible for his office to check every
witness' resume. The system ultimately worked and caught Kwitowski, he
said, though "maybe not as quickly as everybody would have liked." "This man committed a crime and we can't lose sight of that," Haas
said. "This isn't a mistake or an error. He intentionally misled a whole
lot of people interested in seeking the truth and doing their jobs.".........Adams' client, Daniels, was convicted of several counts and faces a
mandatory life sentence. He said he will likely seek a new trial on the
grounds that Kwitowski's alleged lying under oath compromised the case. Haas, the Polk chief assistant state attorney, said the cases Kwitowski testified in are strong enough for the convictions to stand
without his testimony. Donna Wood, a spokeswoman for Judd, said detectives were still
investigating and don't yet know what motivated to Kwitowski to lie
about his credentials. It could have been the money, the prestige of
being called an expert, or both, Wood said. "We don't know if we'll ever
have a solid answer.""
The entire story can be found at:
http://www.tampabay.com/news/courts/criminal/defrocked-expert-witness-in-child-sex-cases-squeaked-by-with-little-vetting/2295080
The entire story can be found at:
http://www.tampabay.com/news/courts/criminal/defrocked-expert-witness-in-child-sex-cases-squeaked-by-with-little-vetting/2295080
See Polk County Sherrif's Department release announcing criminnal charges aganst Kwitowski at the link below: "PCSO Deputies Arrest Tampa Man for Five Counts Felony Perjury ; On
Thursday, September 22, 2016, PCSO Deputies arrested 57-year-old
Chester Kwitowski of Tampa, for two counts Giving False Statements
During Prosecution of Capital Felony (F-2), and three counts Giving
False Statements In Official Proceeding (commonly known as Perjury)
(F-3). He lists his occupation as President/CEO of Brightside
Enterprises, Inc. According to the affidavit, Kwitowski appeared
as a subject matter expert witness for the defense, during five sexual
battery on a minor and/or possession of child pornography jury trials or
depositions in the 10th Judicial Circuit, and provided sworn testimony
that he has formal education and certifications including:
See related CSIDDS (Forensics in focus) post from forensic Blogger Dr. Mike Bowers, at the following link; "Here’s a criminal lawyer’s worst nightmare: Hiring a forensic expert with a faked resume.* Master's Degree from USF in Computer Science and Engineering* Secret and Top Secret Clearance from the Federal Government * An Officer in the U.S. Air Force* Multiple computer forensics certifications from different software companiesDetectives have determined that none of the
above are true, and that Kwitowski lied under oath about his
certifications, education, and level of expertise. "We are early in this investigation, and
still awaiting documentation from other government entities and private
companies that Kwitowski has claimed to have certifications with - at
this point in time, it's difficult to tell what, if anything, he has
told the truth about, and what he has completely made up." - Grady Judd, Sheriff During each of the trials and depositions,
Kwitowski testified on behalf of the defense for four defendants, all of
whom were charged with felonies including sexual battery on a minor and
possession of child pornography. Kwitowski's curriculum vitae (CV) lists a
Bachelor's Degree from UCF; a Master's Degree from USF; a secret
clearance from the Department of Defense; a top secret clearance from
NASA; served as an officer in the U.S. Air Force; 36 years' worth of
experience in computer forensic techniques; certified forensic digital
analyst for Cicso, Novell, Microsoft, En Case, and numerous other
software companies. Kwitowski testified as a subject matter expert
witness in the following trials, during which he swore to the following
under oath:
* September 14, 2016 -
During the trial of Jason Daniels, who was charged and convicted by a
jury of 5 counts capital sexual battery on a child under 12 years old,
and 4 counts felony sexual battery on a child under 12 years old,
Kwitowski swore under oath that he obtained a Master's Degree from USF;
was certified by En Case and Cisco; and held a Secret and Top Secret
clearance. He did provide a false statement under oath during a capital
felony proceeding, in violation of FSS 837.02(2) which is a 2nd degree
felony. * September 7, 2016 -
During a deposition prior to the trial of the aforementioned Jason
Daniels, Kwitowski swore under oath that he obtained a Master's Degree
from USF; held certifications from Novell, En Case, and Cicso; served in
the USAF from 1982-1986; was a computer forensics examiner in the
military; and held a top secret clearance. He did provide a false
statement under oath during a capital felony proceeding, in violation of
FSS 837.02(2) which is a 2nd degree felony. * August 30, 2016 -
During the jury trial of William Jason Teets, who was charged with six
third degree felonies (Possession of Child Pornography), Kwitowski swore
under oath that he obtained a Master's Degree from USF; held
certifications from Novell, En Case, and Cicso; and was certified by the
military in computer forensics. He did provide a false statement under
oath in official proceeding (commonly known as perjury), in violation of
FSS 837.02(1) which is a 3rd degree felony. * June 8, 2016 - During
a deposition prior to the trial of Dennis Morgan, who is charged with
13 felonies (Possession of Child Pornography), Kwitowski swore under
oath that he obtained a Master's Degree from USF; and held
certifications from Novell, En Case, and Cicso. He did provide a false
statement under oath in official proceeding (commonly known as perjury),
in violation of FSS 837.02(1) which is a 3rd degree felony. * November 20, 2014 -
During the jury trial of Jesse Rittenhouse, who was charged with
Possession of Child Pornography, Kwitowski swore under oath that he held
certifications from Novell, En Case, and Cicso; he had a Master's
Degree; he spent five years in the USAF. He did provide a false
statement under oath in official proceeding (commonly known as perjury),
in violation of FSS 837.02(1) which is a 3rd degree felony. During the investigation, the following was learned: * The University of
South Florida provided official, certified transcripts for Kwitowski,
which indicates he has completed only three courses of non-degree
seeking and exploratory education - he does not have a degree from this
school.* Cisco Systems, Inc., does not have certifications, refuting Kwitowski's claims to be a Cisco certified engineer and trainer.* The parent company of
"En Case" digital forensics software verified there is no record of
Kwitowski being certified as an "En Case" certified examiner or forensic
analyst, refuting Kwitowski's claims.* Micro Focus Training
provided that there is no record that Kwitowski completed any
certification through their parent company Novell, and there is no such
thing as a "Novell Systems Engineer," refuting Kwitowski's claims.* The USAF Office of
Special Investigations indicate Kwitowski was enlisted as a second
Lieutenant in the U.S. Air Force for a period of five months - April 15,
1982 until September 8, 1982 - and then he was terminated.* The Office of
Personnel Management and NASA Protective Services indicated Kwitowski
has never held a Secret or Top Secret Clearance from the federal
government, and has never been employed by or contracted by NASA. Kwitowski's criminal history includes a 2001
arrest by HCSO for Battery, Domestic Violence; a 2003 arrest by HCSO for
Aggravated Battery With A Deadly Weapon; and a 2007 arrest by Pinellas
Park PD for False Reports of Commission of Crime." Kwitowski's criminal history includes a 2001
arrest by HCSO for Battery, Domestic Violence; a 2003 arrest by HCSO for
Aggravated Battery With A Deadly Weapon; and a 2007 arrest by Pinellas
Park PD for False Reports of Commission of Crime.
http://www.polksheriff.org/NewsRoom/News%20Releases/Pages/09-22-2016PCSODeputiesArrestTampaManforFiveCountsFelonyPerjury.aspx
See the CSIDDS (Forensics in Focus) post by forensic blogger Dr. Mike Bowers at the link below; Interesting story for a few reasons: "Here's a criminal lawyer's worst nightmare; Hiring a forensic expert with a fake resume." "Interesting story for a few reasons: The opposing expert was a cop and thought this defense expert’s CV looked suspicious. This in itself isn’t unusual. Fact-checking an expert is a rather basic act by both sides in court cases. I’ve had weird questions asked of me at times. As in “Do you live in Hollywood?” That was from a DA who was on my hook for missing and not collecting biological evidence from a murder victim.. The DA files 5 charges against the expert with lying under oath. Describes some of the tricks experts of unusual deceit use to puff themselves. I’ve seen similar in the “see one, do one, and then convict one” present in the “fabricating evidence” case of Mississippi {see the Galileo of video “enhancement” in action}"
https://csidds.com/2016/09/28/heres-a-criminal-lawyers-worst-nightmare-hiring-a-forensic-expert-with-a-faked-resume/
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
Harold Levy. Publisher; The Charles Smith Blog.
http://www.polksheriff.org/NewsRoom/News%20Releases/Pages/09-22-2016PCSODeputiesArrestTampaManforFiveCountsFelonyPerjury.aspx
See the CSIDDS (Forensics in Focus) post by forensic blogger Dr. Mike Bowers at the link below; Interesting story for a few reasons: "Here's a criminal lawyer's worst nightmare; Hiring a forensic expert with a fake resume." "Interesting story for a few reasons: The opposing expert was a cop and thought this defense expert’s CV looked suspicious. This in itself isn’t unusual. Fact-checking an expert is a rather basic act by both sides in court cases. I’ve had weird questions asked of me at times. As in “Do you live in Hollywood?” That was from a DA who was on my hook for missing and not collecting biological evidence from a murder victim.. The DA files 5 charges against the expert with lying under oath. Describes some of the tricks experts of unusual deceit use to puff themselves. I’ve seen similar in the “see one, do one, and then convict one” present in the “fabricating evidence” case of Mississippi {see the Galileo of video “enhancement” in action}"
https://csidds.com/2016/09/28/heres-a-criminal-lawyers-worst-nightmare-hiring-a-forensic-expert-with-a-faked-resume/
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
Harold Levy. Publisher; The Charles Smith Blog.
