Skip to comments.Some Answers, Some New Questions – Trayvon’s Phone
Posted on 02/12/2013 11:09:04 AM PST by Uncle Chip
It is truly amazing to think that it will soon be a year that has passed since the State has had possession of Trayvon Martins phone and yet mysteries still remain even leading up to the point of Bernie de la Rionda handing Mark OMara discovery concerning the phone right in the middle of court on February 5th, 2013.
When last I wrote of Trayvons cell phone it was a complete mystery as to who, what, when and where some mystery person took the cell phone, unbeknownst to OMara, out of the evidence room of the FDLE and shipped it off to some mystery place in California were apparently the phone was accessed and sent back to the FDLE.
OMaras concerns about these specific areas of the phone were expressed in two forms; Defendants Motion to Continue, filed on Jan 30, 2013 and Defendants Motion for Specific Discovery filed on Jan 31, 2013.
On October 5, 2012, SA Gilbreath of Angela Coreys office retrieved the phone from the FDLE. Gilbreath then sent the phone via FedEx ... to Detective Perry Khul at the Santa Barbara Sheriffs Office in California on October 12, 2012.
Here is where the first new questions arise. The first concern is why did it take Gilbreath seven days to send the phone and why is it being shipped via FedEx? It may very well be a common occurrence in the legal world to ship evidence around in such a manner so unless OMara makes an issue of it I suppose its of no concern. However the second issue of the time gap between
The phone was received by Kuhl on October 15, 2012 where it is then described by the state that Kuhl was able to access the phone(figured out the code) allowing someone else to recover additional information. This presents a bit of another problem as that language is vague to the extent if they mean someone in California accessed the information. Regardless, Kuhl shipped the phone, again via FedEx, on the October 29, 2012 back to Gilbreath who received it on October 31, 2012 at the States office. Again Gilbreath keeps the phone for eight days where its then given to SA supervisor David Lee of the FDLE on November 8, 2012.
On November 9, 2012 Lee gives the phone to SA Brenton of the FDLE for download of the contents of the cell phone.
At this point it is not entirely clear what happens with the phone and its location. The state describes that they informed and had discussions with the defense during November/December and say in their response that access to the phone was achieved but further analysis would be required. FDLE did not have the tools necessary to do so. This again is a bit vague. Was Brenton able to download the information or not? What further analysis was needed?
Regardless, on January 13th, 2013 Brenton flew with the phone from Orlando to Cellebrite in New Jersey where they say additional information was recovered from the phone and flew back, presumably with phone, on January 15, 2013.
If you will notice, there is a rather large time gap here. The last date provided regarding the phone was November 9, 2012 and the next we hear of it is January 13th, 2013. So where was it for nearly two months?
Finally we get our newest and latest surprise. Somehow and somewhere along the way the description of Trayvons cell phone has morphed into what is now being described as a flip-phone.
Meanwhile the Defense is closing in on DeeDee:
MOTION FOR SUBPOENA DUCES TECUM TO STATE WITNESS, CIVILIAN WITNESS 8
The only thing I have read (I live in Florida) is that they got data from it...except for the day that he attacked Martin. Somehow, there was mysteriously no data on that day. They said the charge had probably run out.
That’s highly unlikely, since people like him (drug dealers) keep their phones charged morning, noon and night.
So while they may release a few descriptions of places he visited, the fact that they “can’t find” his record for that day is beyond suspicious.
The cell phone towers would still have a record of the “pings” showing the cell phone was on and in contact.
That would indicate there was evidence but that it was removed. IOW spoiliation of evidence which is grounds for dismissal.
Wasn't his girlfriend talking to him on that phone? I thought they had testimony from this girl about talking to him and that he told her someone was following him.
“it was a complete mystery as to who, what, when and where some mystery person took the cell phone, unbeknownst to OMara, out of the evidence room of the FDLE and shipped it off to some mystery place in California were apparently the phone was accessed and sent back to the FDLE.”
Sounds like a serious break in the chain of custody to me...........the whole think stinks of tampering IMHO.
Obviously the evidence collected from the phone was not helpful to the prosecution, which has controlled custody and access to the phone since soon after the incident took place.
Occam’s razor, folks.
Yes, that’s what’s so strange about it. He was clearly in contact with people...and now they say there’s no record of this?
The area is a regular urban/suburban area and is stuffed with cell phone relay points, so there couldn’t have been a gap.
So what happened to those calls?
Please contact Mike Nifong to see what happens when you continue to prosecute a case even after evidence proves those charged to be not-guilty.
A concerned citizen
Everyone who watches NCIS knows you can’t change the timestamp on files or the data themselves in a phone! (do I need the /sarc tag?)
I’m sure they have the info, but as you say, the problem was that it didn’t support the “official” (government) case.
It’s definitely evidence tampering - but who is going to prove it? Martin’s defense is being blocked at every turn.
Even more obvious is that the evidence it contained was exculpatory which is why they have dragged their feet in turning over the contents to the defense counsel.
“Martins defense is being blocked at every turn.”
That would be Zimmerman’s defense...Martin’s dead.
Mystery person taking the phone from the evidence room, along with it’s being shipped all over the place via Fed Ex is a bunch of crap. Why didn’t they simply send it to the FBI and have them crack it? Too many hands handling the thing. The chain of custody on this evidence leaves a lot to be desired.
Could that place be LAPD.
Obvious that the prosecution has tampered w evidence. Enough to have DeeDee testimony thrown out....and enough to toss conviction on appeal
Perry Kuhl — Santa Barbara Sheriffs Department
It's directed at DeeDee and it's supposed to be turned over prior to her deposition.
They want anything that she has with Trayvon's voice on it -- like messages on her phone.
Let's see if they get anything ----
With no continuance on the horizon this thing could move rather quickly.
Common Prosecution trick. Divert evidence when it hurts your case. The court will rule the evidence can’t be used and thus the Defense is hindered. This is clearly Prosecurial Misconduct. Ms. Corey is trying to win her case at any cost. Like Nifong, she put her mouth on display before the evidence was checked for problems. Now she has to proceed.
The court has already denied Zimmerman more time despite Corey’s malfeasence. That is an appeal issue already. I bet Zimmerman never gets the actual evidence on this phone. Clearly the cell provider will have records. Corey is most likely hiding this also.
Perhaps it is because I have not followed the case closely enough, but how do we know Martian was a drug dealer?
Turns out DeeDee is another Julia-composite. There was a female ADULT who spoke with the prosecutors who wasn’t in any way, shape or form some little 15-16 year old who was so traumatized that she couldn’t attend to funeral because she had to be hospitalized like they were claiming. Of course, the internet knew that way back at the beginning when regular folk found his and her FB and some tweets or such.
The judge should throw this whole thing out and pull the license of every attorney who has spent more than 3 minutes railroading Zimmerman. Also, why isn’t the state prosecuting those who put up a bounty on him?
mass55th ~:” Why didnt they simply send it to the FBI and have them crack it? Too many hands handling the thing. The chain of custody on this evidence leaves a lot to be desired.”
I believe the intent with the time delays , and the breaking of the ‘chain of custody’, and so many hands involved in transport was intentional. Since Travon’s father had purchased the phone, there is every expectation that he had the code to unlock the data ; in which case, since he withheld information , he should be charged with obstruction.
This legal prosecution has turned from a legal issue into political kabuki theatre .
As such , expect Holder and his limitless financing to overwhelm defense and step into the fray.
The reason why it wasnt sent to the Fed’s (FBI) is so that there is no blatent ‘conflict of interest’ in a future Federal prosecution.
bgill~:” The judge should throw this whole thing out and pull the license of every attorney who has spent more than 3 minutes railroading Zimmerman. Also, why isnt the state prosecuting those who put up a bounty on him?”
Ageed , on both counts !
Thanks for your insight. You offer many good points I hadn’t thought of.
This whole case stinks from a prosecution perspective, and the entire State of Florida , including the Governor, should be embarassed.
Threat of deadly physical force
“Castle Doctrine” / “Don’t Back Down”
Special Prosecutor -assigned by the Governor
Not criminally charged - and released - then re-arrested
Doctored audio Tapes by the media ( Jingo Press/ Yellow Journalism)
Doctored Photos by the media ( Jingo Press/ Yellow Journalism)
Juvenile photos of the alledged ‘victim’ by the press ( Jingo Press/ Yellow Journalism)
Adult photos of the alledged ‘perp’ in black and white so as not to show physcal damage,swelling , or blood ( Jingo Press/ Yellow Journalism)
‘Dee Dee’ presented by Martin attny. as an audio (?) witness (?)
Affidavit submitted by defense counsel stateing ‘Dee Dee’ as a minor and ‘unavailable’
“Dee Dee” Verbal telephone testimony given to defense counsel (heard by no others -just Martin’s attny ) as basis for affidavit
Interjection of President OBama: “If I had a son...”
Interjection of U.S. Dept. of Justice overseeing the investigation
Bail set and met
Bail revoked - judge irked (!)alledging additional income not reported for bail
Bail set and met - with geographical and electronic restrictions
Threats of Death and physical injury to the alledged ‘perp’ and his family ~ by a racist organization
Then the locked phone
The refusal of phone purchaser (Mr. Martin)to unlock phone code after speaking with his counsel
The phone just lingered and languished - somewhere -
The phone - broken chain of evidence - sent to LA for phone hacking to obtain data
The prosecutor fails to release information contained on the now unlocked phone
The only Missing data on phone occurs only on the date of the assault
The refusal of prosector to release what information was contained on the phone in a timely manner
“Discovery Information” withheld by prosecutor
Request for delay as information from prosecutor not submitted in a timely manner ~ overruled by irked judge
ad nauseaum ...
In Florida , “Lady Justice “ wears a blindfold and has scales of ‘Justice’ in her hands.
In Florida , “Lady Justice’s” blindfold slipped beneath her nose , and now looks more like a bandanna covering her face like a ‘bandito’.
This is no longer a legal criminal case , it is now political kabuki theatre brought to you by a president , and an attourney general who have an agenda on ‘gun control’.
Wasn’t it Holder who said that we should “Brainwash” the American people into believing that guns were bad ?
No Occam’s razor here...not in any way, shape, or form. This case is rife with corruption and more than a little decepion by the prosecution and Martin family lawyers. I hope Zimmerman sues them all. I hope the lawyers are disbarred and the State Attorney removed.
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