ORDER ON DEFENDANT'S MOTION IN LIMINE RE: VAGUE AND UNDISCLOSED EXPERT TESTIMONY
pg 5
C. Heather and Jared Barnhart?
The Barnharts are digital specialists with Cellebrite who were retained by law enforcement to analyze Defendant's cell phone and PC to determine "user behavior and actions." They are disclosed to opine that the gaps in data on the two devices were "abnormal."!° Attached to the disclosures is a report jointly authored by the Barnharts detailing their analysis and findings. Their CVs were provided as well.
Defendant argues that the disclosures indicate they will testify to "habit" evidence, which
he complains is not explained and is not accompanied by any opinions. Defendant's challenge is confusing. Nowhere do the disclosures or the report indicate the Barnharts will testify about "habit" evidence. Rather, the disclosures state they will testify to their findings pertaining to Defendant's activities on his PC and cell phone for a period of time before and after the homicides and why gaps in data over that time period are "abnormal."
The Barnharts' opinions regarding these topics are fully set forth in their joint report. For example, they observed gaps in Defendant's school PC that "may be consistent with cleaning up
* For example, Defendant complained at the hearing that Agent Ballance analyzed handoff data for the seven minutes prior to the phone powering off at 2:54 a.m. on November 13, 2022, but did not provide an opinion about what his analysis showed. Thus, Defendant wants to exclude any opinion as to what his analysis of those seven minutes showed. However, as pointed out in Agent Ballance's rebuttal disclosure, page 13 of the CAST Report sets forth the data Agent Balance relied upon to opine that Defendant's phone used a certain tower and sector at 2:47 a.m. southeast of his apartment and ceased communication with the network at 2:54. He also explains that thelocation of a device is best estimated by the initial cell site versus the handoff cell site. He will be allowed to testify to these opinions. If Defendant believes Agent Ballance strays beyond these opinions, he can object and the Court will take the matter up then.
° The State submitted the following disclosures for the Bamharts: Initial Disclosure Heather Barnhart (Exh. S-3) (Dec. 18, 2024); Initial Disclosure - Jared Barnhart (Exh. S-4) (Dec. 18, 2024); Rebuttal Disclosures - Heather and Jared (Exhs. S-3 through S-5) (Feb. 17, 2025). Their rebuttal disclosures state simply that the Barnharts intend to rebut the expert testimony of Carol Penden, Kevin Penden and Josiah Roloff but need additional information prior to offering rebuttal opinions. Defendant is not challenging these.
'Specifically, their report explains that the gaps in data may be consistent with "cleaning up or using anti-forensic methods to clear evidence." Report, p. 1.
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OKAY, this seems pretty straight forward, right?
But apparently there is some strong speculation that there is more to this testimony than we see in this report.
I have investigated something that is being discussed about these prosecution witnesses.
OK, the defense has complained a few times in various hearings, about the 'vague undefined' report about their upcoming testimony. And it seems the reason they are complaining and asking for more information is that the Barnharts specialise in more than just cellebrite phone data.
They actually are very involved in rooting out DEEP FAKE AI ---specifically cell phone pictures and videos. They designed apps which can verify the meta data in order to recognise phony pictures.
For example celebrities who are falsely accused of doing or saying something ---for example, someone makes an AI photo of them cheating on their spouse.
OK WHY IS THIS IMPORTANT?
There is strong speculation about the alibi info originally given about BK being in that Wawhee Park, or whatever it is called...And in the hearing, AT said that BK always takes photos of the night sky when he goes there at night.
It is being said that AT is wanting to know exactly what the Barnharts are going to testify to because the defense allegedly is going to offer the court a PHOTO taken on Nov 13th, 22---and they will say it proves that he was too far away from crime scene
And they say that the meta data on the picture will show, EVEN IF PHONE NOT HOOKED TO WIFI at the time, that he was in that park and not in Moscow.
And so AT wants to prevent the Barnhart's from testifying to the authenticity of the photo.
{Dear Mods---this video is
Heather and Jared Barnhart----they are testifying as prosecution experts]