"....if the text of $20,000 was sent at 9:00 am (as we've believed from the docs all along..."
Personally, I never thought the text was sent AT 9:00 AM. It said APPROXIMATELY. AND we all knew that the bank didn't open until 9 am. So I never assumed that the text actually went out at 9 am. I took them at their word when they said APPROXIMATELY. JMO
So that whole thing about there being another clump of cash is a huge stretch, imo.
"but if the affidavit is incorrect and the investigator wasn't aware of this until today's hearing, it certainly brings into question LE's attention to detail..."
Why would we think the investigator didn't know what time the text was sent until today? Where is that coming from? They had all of the cell records and logs for quite awhile already.
"But as it relates to LE's accuracy in the investigation..."
Again, how is LE's 'accuracy' questioned when they used the modifier= APPROXIMATELY in their statement? The time of the text had no bearing on the request for the SW. So they went with the APPROXIMATE time given by the witness. And I am pretty sure it was a long series of texts that probably began around 9 am, which is where she got her time reference.
IN REALITY, the prosecution testified in response to the defense claims, and clarified that the actual time was 9:57 am. That does not mean they made a mistake. It just means they used an approximate time because the exact time had no bearing on the Search Warrant request. JMO
BBM so I can respond to your points.
You may not have thought the text was sent a little after 9 am (which is what approximately means to me - either that or a little before. I think anything over 15 minutes is outside approximately, but that is ONLY my opinion), but I remember a discussion on here where we were trying to figure out if the bank would open early for the accountant because JW sent that text at approximately 9 am.
I agree that another clump of money is a stretch!
I was getting the investigator didn't know that the text of the money was sent at 9:57 since he replied "I don't know" when asked how the text could have been sent at approximately 9 am if JW wasn't at the bank until 9:45. If he knew the text was actually sent at 9:57, it would have been easy for him to say that.
If the investigator was not aware of the actual time of the text, given that they've had plenty of time to corroborate the time W2 said she received the text and the time they saw that the text was sent when W2 showed it to them with phone records, if the discrepancy wasn't noted by today, I think that's a lack of attention to detail. I think LE tries to be as accurate as possible, especially when the information is readily available to them. Since they did not have to rely on when W2 thought she received the text, because she showed them when she received the text, I would think if the time of the text was closer to 10 am, they would have said "approximately 10 am". In re-reading it, LE
does say "W2 stated IT received a text... at approximately 9:00 am" but doesn't say what time they saw the text was
actually sent when the viewed it. So if I read it as literally as possible, LE doesn't actually say what time the text was sent, just what W2
stated. Given that they were very specific about what was visible in the text photo, I must have been assuming that if W2's statement was inaccurate, they would have stated the time the text was actually sent if it differed substantially from W2's statement. My bad. The
approximately 9:00 am referred directly to the text of the money, not some other unmentioned text per the affidavit.
I'm not sure who said in court today that the text was sent at 9:57. Was it the prosecutor? In which case, he can't testify, but can suggest, imply and state opinions of fact, when questioning a witness. It doesn't sound like Owens was the one who said the text was at 9:57, but rather that the prosecutor responded to the defense's question with that information. The defense obviously thought approximately 9:00 am did NOT mean 9:57 or they wouldn't have played "gotcha" with the bank photo. Kind of takes the wind out of one's sails if the witness says "Oh, yeah, well by approximately 9:00 we meant any time within an hour or so".
I don't think we need to keep arguing about what approximately means. I don't think it means the same thing you and other people do, and that's okay. I'm not trying to convince you or anyone else that my definition is the right one. Perhaps in the trial, LE will say they just included the time that W2
stated in the affidavit, but they knew all along the text was sent at 9:57.