Cboldt’s breakdown of the last few minutes at TL:
Bernardo is trying to make all digital files equivalent. The 2.3Gb phone data file being the same as a pdf of 10 pages of text. Bernardo insinuating that if information is produced on a CD, then it isn’t human readable.
Bernardo’s bottom line is “the evidence is in there,” referring to the source file. Apparently, depending on the skill of the person and capability of the software, more or less of the data in the source file is visible. Now Bernardo is insinuating that the failure of defense expert Connor to extract information isn’t the state’s problem. Bernardo says “you considered this your work product, right?” West says, “No, we produced it to you.” Now he says it took 6 months to disclose, and maybe the state should be seeking sanctions.
West was laughing, then, sort of called on it, said this situation wasn’t funny. “We caught you hiding information,” says West, “and confronted you with that.” Pretty heated.
Brenton will be called to present the state’s defense to this issue. Again with the threat of “we ought to file for sanctions too.” sh*t or get off the pot Bernardo.
Bernardo has no further questions. Redirect by O’Mara. How did defense get report from FDLE? West doesn’t recall, but thinks it came from SAO in electronic format the day of a hearing. This was about a month after Bernardo told Kruidbos that FDLE would prepare a report for defense. O’Mara asks if Bretton has prepared any report. West says the February version, and the recent June 4 submission.
How long did Mr. Connor work on extraction? West doesn’t know, but is confident it is in excess of 25 hours.
O’Mara wants to call Bernardo to the stand.
Nelson now complaining that this has gone on too long (it’s her fault for letting irrelevant testimony), and all this motion is about is money - this hearing is concluded. O’Mara says this is not just money damages. If Bernardo in fact lied, it is criminal contempt. Nelson says that can happen after trial too. It’s not an issue of witness or evidence exclusion. She concludes the sanctions portion of the hearing sua sponte. She’s pissed!!
After 10 minute recess — now the Frye hearing.