4.9 • 1.9K Ratings
🗓️ 29 January 2025
⏱️ 4 minutes
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The prosecution has asked for a hearing to determine whether or not Mr. Green, Karen Read's digital forensic expert, can testify. The defense argued that all forensic experts use the same methodology—they take the digital extraction, run it through different tools, and interpret the information. The defense also argued that the prosecution's efforts to prevent the expert from testifying are "dystopian" and "Orwellian." The defense asked the court to deny the motion and not have a Daubert Hearing.
The prosecution's police expert, Trooper Guarino, ran Jen McCabe's phone through two different analyzer programs and one program indicated that the Google search was there, and that was not turned over to the defense in the initial report.
It'll be interesting to see what happens Friday's hearing and we'll be paying attention to how many times Mr. Alessi says "Orwellian" and if the court brings up the ACCRA experts and the discovery issue.
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0:00.0 | Welcome back. It's time for a quick bit clip. The full episode will be linked in the description, |
0:05.7 | but this is the quick bit clip to keep you in the loop for everything that's happening on the |
0:11.1 | livestream channel. Let's get into it. |
0:14.6 | We took a quick look at the defense objection to the Commonwealth's motion to exclude Mr. Green, the defense digital forensic |
0:22.8 | expert who evaluated the extraction from Jen McCabe's phone and other items of evidence, |
0:29.1 | though this argument surrounded the 227 AM Google search regarding how long to die in the cold, |
0:36.7 | which is a much contested item of digital |
0:39.4 | evidence in the first Karen Reed trial and will be again presumably in the second trial. |
0:44.5 | The prosecution asked for a hearing like the one we saw with Dr. Russell to determine whether |
0:50.4 | or not Mr. Green can testify and the defense, among other things, said, but they all use |
0:56.1 | the same methodology. All of the forensic experts take the digital extraction, run it through |
1:01.9 | different tools, and interpret that information for the jury, and though they come to different |
1:06.1 | conclusions, that's for the jury to decide which experts methodology they find more reliable and which |
1:13.5 | conclusions based on the evidence and information they find most reliable because we see this |
1:19.8 | in every case with the battle of the experts experts can look at the same information and come to |
1:24.8 | different conclusions that doesn't guarantee guarantee a Dobert hearing on whether |
1:28.8 | or not the methodology is scientifically sound. And the defense pointed out, all of the experts are |
1:33.7 | using the same methodology. They also said that we are getting into the danger zone of legal |
1:39.1 | tyranny and referenced the, well, I don't think they said the word cynical, but that was the implied. |
1:45.6 | The cynical efforts of the prosecution to forestall this expert from testifying as dystopian and Orwellian, |
1:55.3 | the defense is not happy with this motion and are asking the court to deny the motion and not even have |
2:02.8 | a dober hearing for this expert. |
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