Posted on 02/01/2013 1:32:58 PM PST by Uncle Chip
George Zimmerman's attorneys have filed a motion to delay George Zimmerman's trial until November. The motion to continue is here.There is quite a bit of new information in it.
I think the biggest revelation is about Trayvon Martin’s cell phone and mysteriously missing data. Even if you have no interest in the George Zimmerman case, you should read this to see the extent to which information stored in your phone is capable of being retrieved and provided to law enforcement (or anyone else who gets their hands on your phone and wants to know what’s on it.) It's a new dawn in the age of the Tele-Rat. [More....]
According to the Motion to Continue, the state told O’Mara that when Trayvon’s phone was recovered, the phone was wet and inoperable. On August 8, at a joint meeting, O’Mara asked if a charger could be used to restart it. FDLE analyst Steven Brenton came in and charged up the phone. When the screen came up, it said the phone was “locked out,” meaning someone had tried to unlock it more than the maximum permitted times with the wrong password. Brenton then disclosed he had performed an analysis of the phone, but was only able to access the SIM card and SD card, not the internal memory. (Eventually, O’Mara received some of the material Brenton had downloaded from the phone and Brenton's report.)
Sometime after that, someone at the state’s attorneys office shipped Trayvon's phone to a law enforcement agency in California for analysis. The agency was "seemingly able" to access the internal memory. The state refuses to give the defense any information as to who at the state’s attorney’s office decided to do this, the name of the agency it was sent to, the identity of the analyst who obtained the data, or the results obtained.
After the unnamed agency returned the phone, during the first week of January, 2013, the state sent it to Cellbrite in New Jersey for analysis. Cellbrite also was able to access the internal memory, and the state provided the defense with the results on January 18. The defense says Cellebrite obtained an "enormous" amount of information from the internal memory. But, guess what's missing? All data for Feburary 26, the day/evening of the shooting.
As illustrative example, while the analysis includes GPS locating records for Mr. Martin's phone for all of the time that he was in the Sanford area, specifically absent is any such data for February 26, 2012, the date of the event. Similarly, there seems to be missing entries regarding phone callsor texts made to or from the phone in the evening hours of February 26,2012. (My emphasis.)
Obviously, the defense wants an explanation for the missing data, and the results of the analysis from the unnamed California law enforcement agency that first accessed the phone's internal memory.
I think it’s fair to ask whether there is a legitimate explanation for Cellbrite's ability to provide GPS and other data stored on the phone for every day Trayvon Martin was in Sanford except Feb. 26, the day of the shooting. Why did only the data for Feb. 26 go down the rabbit hole? Was the data for Feb. 26 intentionally removed by the California law enforcement agency, and if so, at whose request? Or is there some innocent technological reason?
Cellebrite is like the ultimate Tele-Rat, providing vast amounts of information about your phone. Its signature product is the Cellebrite UFED Touch Ultimate.
Here’s what I’ve learned in the last 24 hours from material available on Cellebrite’s website. The Cellebrite UFED Touch Ultimate provides both physical extraction and logical extraction services. Many more phones support logical extraction than physical extraction. These are the descriptions provided for each:
It's still around *sigh*.
As one prosecutor told me; "If you change one bit, I can't convict." If the data shows any tampering, it can't be used as evidence by either the prosecution or the defense in the upcoming criminal trial. However, it could be used in a civil suit showing intentional tampering with evidence and failure to follow strict rules of evidence's chain of custody.
somebody tampered with the phone and broke the chain of custody.Normal, they send the phone off to a 3rd party in case like this and they make a image of files before they try to decrypt them. Also, the phone company has a record of every phone call and txt message send or received from the phone. This missing data is more than enough to get Zimmerman off on appeal if this goes all the way. Somebody is going to get a Civil Rights Lawsuit and disbarred.
Until the mountains crumble and the seas evaporate into the vacuum of space, as long as there's a MicroSoft there will be a Blue Screen of Death!
This I do swear!
Regards,
GtG
This is a common Prosecution technique. When the evidence excupates the Defendant, then it is altered or destroyed. The court will then rule it is inadmissable which hurts the Defendant.
This is a clear case of Prosecurial Misconduct.
Oh, I completely agree with you! I just got caught up in terming things the way the prosecution wants it to be known. I have no doubt that Zimmerman acted in self-defense. That bloody nose and face photo told a lot more of the story than the media was willing to let out.
Ever hear of Spoliation of Evidence?
The motion to continue seems to be in essence a motion to delay the trial.
If so, what about the defense’s right to a speedy trial?
When the prosecution is playing hide and go seek with the evidence, then you have to forego your right to a speedy trial with some of the evidence he's hiding for your right to a fair trial with all of the evidence that he's hiding at your disposal.
Especially since a "witness/girlfriend" was supposedly talking to him on same phone just before the attack...
Defendant has to waive the speedy Trial in order to obtain all information/discovery that the State was obliged to provide in the first place. Prosecutor is playing games with this case and now they are trying to obtain a hail mary to avoid paying $millions to Zimmerman.
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