From yawen@enter.net Fri Aug 23 17:14:14 PDT 1996
Article: 59218 of alt.revisionism
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From: yawen@enter.net (Yale F. Edeiken)
Newsgroups: alt.revisionism
Subject: Re: Put up or shut up, Mr. Giwer: The Himmler tape
Date: 23 Aug 1996 20:41:38 GMT
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>   kmcvay@nizkor.org (Ken McVay OBC) writes:

>  If Mr. Giwer is prepared to pay the full cost of voiceprint
>  analysis of the disputed tape and adequate control
>  samples, should scientific analysis demonstrate that the tape
>  is a genuine recording of Heinrich Himmler, the Nizkor Project
>  is prepared to negotiate and conclude a legally binding
>  agreement for the purpose of determining the authenticity of
>  the recording.
  
>  Mr. Giwer, upon agreement to participate, shall deposit the
>  full cost of the laboratory analysis, as specified by the
>  laboratory chosen to perform the test, with a recognized trust
>  accountant.
  
>  If the recording is determined to be genuine by reasonable
>  scientific standards, Mr. Giwer will agree to the immediate
>  release of the trust funds to the San Antonio Area Foundation
>  Nizkor Fund as a tax-exempt donation. If the recording is 
>  determined to be fraudulent by reasonable scientific standards, 
>  the trust funds will be returned to Mr. Giwer immediately, and the
>  Nizkor Project will immediately tender reasonable interest on
>  the full amount to Mr. Giwer, and meet the cost of
>  establishing and maintaining the trust account. In no event
>  shall either the trust fund or either party's liability exceed
>  $US10,000.00.
  
>  Mr. Giwer is invited to have his attorney contact me to
>  initiate negotiations leading to the conclusion of such an
>  agreement. (For the purposes of this offer, and subsequent
>  agreement, I designate Mr. Edeiken as my attorney of record,
>  and hereby authorize him to negotiate this matter in my name
>  and to bill me for appropriate professional fees.
>  Should Mr. Edeiken decline this task, I shall designate
>  another American attorney to act in my name.)
  
>  The appropriate phrase at this point would seem to be "Put up,
>  or shut up, Mr. Giwer."
  
>  Mr. Giwer, of course, is unlikely to accept this offer, as....

	Three comments seem appropriate:

	First: Feasability:  The analysis is feasible.  I talked with a private voice 
identification firm and they would be able to make the analysis.  I have never 
used them for analysis but they were highly recommended to me by the 
laboratory that I used to examine questioned documents.  They have excellent 
credentials and have been used by the government and law enforcement bureass 
in New Jersey.  They also have some experience with foreign language 
identification.  In fact, they have been used to verify a speech by Kruschev.

	The requirements are simple.  They would need a good copy of the 
Posnan speech (preferably done with a patch cord) and a copy of another 
speech by him.  A known copy from a movie soundtrack would be sufficient if it 
was of the same quality as the Posnan speech.  Transcripts of the sppech would 
be helpful.

	For an effective identification there would have to be a minimum of 
twenty identical words that could be compared.  Since Himmler spoke at Posnan 
for a considerable amount of time this should be no problem.  Since the selection 
of the words would be at issue  and the laboratory does not have a German 
speaker on staff, one German speaking represenative from each side could assit 
them..

	Second: Price.  The price I was quoted was $1,750.00.  Which seems 
a reasonable fee.  The document analysis lab I use has a minimum fee of 
$2,500.00 and goes up from there.  Further the first $750.00 would be for a 
preliminary analysis.  If they found that a complete identification could not be done 
that would be the total fee.  The final $1,000.00 would include complete analysis 
and a final report.

	Third.  Trust account.  There is no need for any special account.  Every 
lawyer must maintain (or have access to) a trust account for the deposit of clients 
funds.  Withdrawals cannot be made from such an account without notice or, 
depending on the agreement, permission of the client or a court.  If Giwer does 
not trust the account that I maintain or the one our firm maintains either his 
attorney could hold it or we could name a neutral attorney to do so.

	Now we can see whether Giwer really wants to examine the evidence 
or is just running  his mouth in high gear.

	--YFE

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