That all sounds right and yep it's in the docs. Haven't read defenses MILs in detail yet though so thanks for the heads up.Agent Imel preferred 2011-13.
Franks Order
Page 18:
What the email chain shows is that, on November 26, 2022, Agent Imel directed the FBI to "open up" their search to "2011-2016." Exh. D9 at Bates 15580. In doing so, he discussed the changes to the Hyundai Elantra in 2014 and 2017 and stated that he wanted a "better shot ofthe vehicle's front fog lights and rear reflectors." He further added, "rather not leave anything out better safe than sorry." Five minutes later he sent another email stating "yea I see the change in 2014 and [I'm] not really a fan of the 2014 much prefer the 2011 2013 but wanted to lay that out have a good night. Will keep looking and send any new info I can come up with." Jd.
These emails demonstrate that it was Agent Imel's decision to open the date range to 2011-2016, despite his "prefer[ence]" for 2011-2013. Exhibit A accurately captures this decision by stating that the specialist initially believed it was a 2011-2013 but opened it up to 2011-2016 upon further review. While Exhibit A did not call out that Agent Imel preferred narrower time frame, Defendant has not shown this omission to be exculpatory and material. Exhibit A is replete with evidence linking Defendant's vehicle and cell phone to Suspect Vehicle 1. Considered as a whole, it cannot be reasonably concluded that Agent Imel's "preference" for a narrower date range would have derailed the magistrate's finding of probable cause had it been included.
SAIs extension of the year range was Nov 26th. Why were they not, internally, looking for the expanded range? Why did the Nov 29th WSU discovery not become known until after Dec 19th?
SAI Stating he wanted a better shot of the fog lights and rear reflectors.
The recent 1112 images on Queen do not show fog lights nor rear reflectors IMO.
BP listed the main images in testimony:
So the first one was from 1112 King Road. It was a surveillance camera, an exterior surveillance camera on a house that was immediately to the northeast of 1122 King Road. There was some footage from a Linda Lane camera, I forget the address off the top of my head. There was footage from the A&W, which is at the corner of Lauder and South Main, or Highway 95. There was footage from an address on Indian Hills. There was also footage from a Ridge Road camera. And that's how we referred to them was basically by those names.
Which one, if any, showed fog lights and reflectors?
Maybe the 451 Paradise stills or screenshots from Ridge Road ?
MIL car ID
Email Nov 23
View attachment 569425
There is no continuous footage linking the vehicle at the 1112 King road footage and that from Ridge road. Additional surveillance footage depicts vehicles, but not identifiable vehicles.
JMO
As for Franks order, nothing in it raises issues for me. Looking forward to testimony of the experts at trial. In the interim I'm not in any position to know the full story behind Imel's work and LE decisions. Clearly Hippler did not find the way the car was identified and that part of the investigation meeting anywhere near the threshold for some sort of deception worthy of a Franks Hearing. He found no issue infact imo. BP was called to testify within that context. I feel at trial the car identification will be represented in appropriate detail by Imel I would think. Just a guess.
Until then am refraining from analysing piecemeal and constrained testimony at pre trial hearings.
Jmo