VERDICT WATCH Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #16 *Arrest*

[drsleuth]

14:58

Jury reminded of images found on Patterson's tablet​

Justice Beale is reminding the jury about the images found in the Google Photos app on the Samsung Galaxy tablet seized from Patterson's home.
The jury heard these images including photos of the dehydrator, mushrooms on a dehydrator tray, an image of information regarding ovarian cancer, an image of information regarding brain lymphoma, an image of mushrooms on a set of digital scales and an image of a 'pink object' on a tray.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

 

[drsleuth]

15:08

Judge: Investigators should have 'isolated' Phone B​

The jury is being taken through the phone data contained within the Samsung A23 Patterson (legal team pictured) handed to police after they searched her home on August 5.
The device, known throughout the trial as 'Phone B', was factory reset multiple times including while the device was in a secure storage locker at Homicide Squad HQ in the city.
Justice Beale reminded the jury how phones were factory reset multiple times over different days following the lunch.
He said Phone B factory reset remotely while it was in the police locker.
'After the phone had been taken into police custody, investigators can and should isolate the device from the network,' Justice Beale said.
This can be done by putting the phone on airplane mode, the jury was told.
'Isolating the phone is critical to ensure data remains in its original state,' Justice Beale added.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

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[drsleuth]

now06.10 BST
Fox-Henry also extracted thumbnails of images from a Samsung tablet.

The images extracted from the tablet included an photo of mushrooms on electronic scales and a screenshot of a text message about ovarian cancer, Beale says.

Beale says Fox-Henry also gave evidence about factory resets performed on one of Patterson’s mobile phones - Phone B.

Fox-Henry said one of the resets was performed remotely.

Australia mushroom trial live: judge’s charge to Erin Patterson jury continues on day 37

Victorian woman, 50, has pleaded not guilty to three charges of murder and one of attempted murder over a fatal mushroom lunch in 2023. Follow live

www.theguardian.com

 

[drsleuth]

11m ago

We turn to images from one of the seized devices​

By Mikaela Ortolan​

The jury is then taken to images found on a tablet that police seized during a search of Erin Patterson's home. The jury saw these images earlier in the trial.

One of the images is of a food dehydrator, another shows an image of mushrooms on a plastic tray and another is of mushrooms on a set on scales.

Some of the images also show information about ovarian cancer.

Justice Beale says that Mr Fox-Henry told the court he could not say when the original images were taken and what device they were taken on.

He also said he didn't know if they were taken by the user or received from someone else.

 

[drsleuth]

3m ago

Attention turns to phone factory resets​

​

By Mikaela Ortolan​

We're now looking at a number of factory resets that were carried out on a phone connected to Erin Patterson, which was referred to during the trial as Phone B.

Justice Beale tells the jury the resets occurred on:

• February 12, 2023 at 3:53am
• August 2, 2023 at 9:09pm
• August 5, 2023 at 11:20pm (when the phone was in police custody)
• August 6, 2023 at 3:16pm (when the phone was still in police custody)

Mr Fox-Henry told the court the first three factory resets were done "locally", meaning the person carrying out the resets had the phone in their physical possession.

He also said factory resets are irreversible and destroy the data on the phone, and can be carried out in a number of ways.

Judge in Erin Patterson trial continues final instructions to jury

Justice Christopher Beale's directions to the jury in Ms Patterson's triple-murder trial enter their second day at the Latrobe Valley Law Courts in the regional Victorian town of Morwell.

www.abc.net.au

 

[drsleuth]

15:29

Questions over iNaturalist death cap posts​

Justice Beale told the jury Mr Fox-Henry opined somebody entered a search for iNaturalist on Bing on the Cooler Master PC on May 28, 2022.
The jury heard several iNaturalist pages were visited between 7.20pm and 7.23pm including the Bricker Reserve sighting posted on May 18, 2022.
Mr Fox-Henry said it was the second time the Bricker Reserve page had been visited on the Cooler Master PC but the Cybercrime Squad officer couldn't say when the first visit had occurred.
Justice Beale also said there was no computer evidence Patterson accessed or viewed the iNaturalist death cap sightings in Loch and Outtrim posted by Christine McKenzie and fungi expert witness Dr Tom May (pictured) in April and May 2023.
He said the jury needed to work out if they believed Patterson did access iNaturalist and Ms McKenzie's death cap post.
Justice Beale also told the jury they needed to work out if they believed Patterson saw Dr May's 'Funkey Tom' death cap post.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

 

[drsleuth]

4 minutes ago

One of Erin's phone was 'irreversibly wiped'
Justice Beale then reminded the jury that photos were extracted by one of Mr Fox-Henry’s colleagues from a Samsung tablet seized from Erin’s house.
Several photos depicted her dehydrator and mushrooms on trays of the dehydrator.
Justice Beale explained how the data extracted included the date and time the photos were last modified.
He then moved on to Phone B, the phone Erin handed to police on August 5, which was also examined by one of Mr Fox-Henry’s colleagues.
This was the phone that was factory reset on August 5 and August 6, with Erin admitting that she performed these resets in a panic.
Justice Beale said Mr Fox-Henry said these resets resulted in the phone being “irreversibly wiped”.

https://www.heraldsun.com.au/truecrimeaustralia/the-mushroom-cook/judges-final-instructions-to-jury-before-they-determine-mushroom-cooks-fate/live-coverage/01b6bb3bbaff1cee5d23d7d853eb2432#/entry/32406984

 

[drsleuth]

1m ago

Judge gives directions on digital evidence​

By Mikaela Ortolan​

After a quick break, the jury returns.

Justice Beale picks up by urging the jury not to consider the evidence of Mr Fox-Henry — the police digital forensics expert — in isolation.

The judge tells the jury it needs to consider "whether you can reasonably infer that on the 28th of May 2022, the accused sought out information on the iNaturalist website regarding death cap mushrooms in Victoria for a second time".

He emphasises to the jury that there is no computer evidence of Erin Patterson accessing two posts on iNaturalist that detailed death cap mushroom sightings in Gippsland.

He tells the jury that the prosecution argues Ms Patterson was aware of iNaturalist site and its features.

Judge in Erin Patterson trial continues final instructions to jury

Justice Christopher Beale's directions to the jury in Ms Patterson's triple-murder trial enter their second day at the Latrobe Valley Law Courts in the regional Victorian town of Morwell.

www.abc.net.au

 

[drsleuth]

1m ago06.35 BST

The iNaturalist posts about death cap mushrooms​

Beale says Fox-Henry testified that in May 2022 a user on the Cooler Master entered the term ‘iNaturalist” on the search engine Bing.

A user also visited the Korumburra Middle Pub website shortly after a visit to iNaturalist in the same month, Fox-Henry told the court.

Beale says the jury should consider Fox-Henry’s evidence in conjunction with other evidence in the case.

He says they can use his evidence to infer whether Patterson viewed reports of death cap mushrooms posted on the citizen science website iNatutralist in the months before the lunch.

Beale reminds the jury there is no evidence that Patterson did view these iNaturalist posts by mycologist Dr Thomas May and retired pharmacist Christine Mckenzie.

He says they could also use Fox-Henry’s evidence to infer whether Patterson deliberately put death cap mushrooms in the beef wellington she served to her lunch guests in July 2023.

Australia mushroom trial live: judge’s charge to Erin Patterson jury continues on day 37

Victorian woman, 50, has pleaded not guilty to three charges of murder and one of attempted murder over a fatal mushroom lunch in 2023. Follow live

www.theguardian.com

 

[drsleuth]

1m ago06.43 BST
Beale says the jury does not need to accept the opinions of telecommunications expert Dr Matthew Sorell or Fox-Henry.

“You are the judges of the facts in this case,” he says.

Beale says the jury should consider an expert’s qualifications and whether their evidence is in dispute.

Erin Patterson mushroom trial day 37 – as it happened

This blog is now closed

www.theguardian.com

 

[drsleuth]

15:37

Expert had 'high confidence' Patterson had images of foraged death caps, jury told​

Justice Beale took the jury through more photos they had already seen during the trial.
Some of those photos, taken from the unrecovered Phone A, appeared to be death caps, Dr May said during the trial.
Justice Beale said it was evidence the jury could all take into account.
'So taken between the 28th of April and the fourth of May, images… on the scales with what appears to be wild mushrooms,' Justice Beale said.
Justice Beale said the prosecution argued these mushrooms were 'clearly foraged' and he reminded the jury Patterson, in her evidence, 'acknowledged that they weren't looking good'.
Justice Beale said 'it had been argued' another image of button mushrooms on a dehydrator tray had been a 'test'.
The jury heard Dr May said the mushrooms in the images the prosecution claimed were foraged are 'consistent with Amanita Phalloides (death caps) with a high degree of confidence'.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

 

[Kemug]

Regardless of what happened, the fact she didn’t disclose to her guests that she was picking mushrooms in the wild is nuts to me. Anybody experimenting with food and having guests over should give full disclosure. Let your dinner guests decide if they want to gamble with their lives. If a friend did this to me they would soon be an ex friend.

RSBM
Well, it was exactly the same with the kids'/daughter's brownies wasn't it? She/they had no idea they contained mushrooms, did they? So are they still speaking to her, I wonder.

 

[drsleuth]

iNaturalist in closing address​

By Mikaela Ortolan​

We then turn to a section of the defence's closing address where barrister Colin Mandy SC addressed the alleged visit to the iNaturalist search on May 28, 2022.

He conceded Ms Patterson was responsible for the serach but went on to say it was a brief visit his client was not familiar with the webpage.

Judge in Erin Patterson trial continues final instructions to jury

Justice Christopher Beale's directions to the jury in Ms Patterson's triple-murder trial enter their second day at the Latrobe Valley Law Courts in the regional Victorian town of Morwell.

www.abc.net.au

 

[MrJ]

DBM duplicate

 

[MrJ]

Just now
More directions on expert evidence
Mikaela Ortolan profile image
By Mikaela Ortolan

Justice Beale tells the jury it is "not required to accept the opinions of [telecommunications specialist] Dr Sorell or Mr Fox-Henry, or indeed the expert opinions of the other experts who gave evidence in this case".

He says their contributions are "merely pieces of evidence that you may accept or reject".

The judge says the jury should consider the experts' qualification, experience and whether the inferences of their evidence are disputed or not.

"You will appreciate that defence did not challenge the evidence of Sorell or Fox-Henry; rather, the defence challenged the inferences you could draw from their evidence," he tells the jury.

Judge in Erin Patterson trial continues final instructions to jury

Justice Christopher Beale's directions to the jury in Ms Patterson's triple-murder trial enter their second day at the Latrobe Valley Law Courts in the regional Victorian town of Morwell.

www.abc.net.au

 

[drsleuth]

1m ago

More directions on expert evidence​

By Mikaela Ortolan​

Justice Beale tells the jury it is "not required to accept the opinions of [telecommunications specialist] Dr Sorell or Mr Fox-Henry, or indeed the expert opinions of the other experts who gave evidence in this case".

He says their contributions are "merely pieces of evidence that you may accept or reject".

The judge says the jury should consider the experts' qualification, experience and whether the inferences of their evidence are disputed or not.

"You will appreciate that defence did not challenge the evidence of Sorell or Fox-Henry; rather, the defence challenged the inferences you could draw from their evidence," he tells the jury.

Judge in Erin Patterson trial continues final instructions to jury

Justice Christopher Beale's directions to the jury in Ms Patterson's triple-murder trial enter their second day at the Latrobe Valley Law Courts in the regional Victorian town of Morwell.

www.abc.net.au

 

[drsleuth]

8 minutes ago

Defence didn't challenge expert evidence, merely the inferences put forward
Justice Beale told the jury Mr Fox-Henry’s evidence bears upon several issues in the trial, including whether Erin:
* Sought information on iNaturalist about death caps in May 2022;
* Accessed an iNaturalist post in April 2023 about death caps in Loch;
* Sourced death caps from Loch;
* Accessed an iNaturalist post in May 2023 about death caps in Outtrim;
* Sourced death caps in Outtrim; and
* Accidentally or deliberately included death caps in the lunch.
But he reminded the jury that there was no computer evidence of Erin accessing these iNaturalist posts.
Justice Beale said it was up to the jurors to either “accept or reject” expert evidence, saying they did not need to accept it more than they would other evidence simply because it was provided by an expert.
“The defence did not challenge the evidence of Dr Sorell and Mr Fox-Henry rather the defence challenged the inferences … put forward,” he said.

https://www.heraldsun.com.au/truecrimeaustralia/the-mushroom-cook/judges-final-instructions-to-jury-before-they-determine-mushroom-cooks-fate/live-coverage/01b6bb3bbaff1cee5d23d7d853eb2432#/entry/32407341

 

[drsleuth]

1m ago

Turning now to alleged incriminating conduct​

By Jesse Thompson​

Justice Beale then briefly lists the alleged actions that the prosecution argues are “incriminating conduct”.

The prosecution alleges Erin Patterson:

• Lied about being unwell and faked death cap mushroom poisoning
• Lied that she used dried mushrooms from an Asian grocery in the beef Wellingtons
• Refused treatment on her first presentation at the Leongatha hospital and left the hospital against medical advice
• Was reluctant to obtain medical treatment for her children on July 31, 2023
• Lied that she had fed her children the leftover beef Wellingtons on the Sunday night with the mushroom paste and pastry scraped off
• Reset “Phone B” multiple times from August 2, 2023
• Disposed of a dehydrator at the local tip on the same day
• Provided police with “Phone B” rather than her usual phone during a police search of her home on August 5, 2023
• Later, lied to police about her usual mobile phone number
• Lied that she’d never foraged mushrooms or dehydrated food

Judge in Erin Patterson trial continues final instructions to jury

Justice Christopher Beale's directions to the jury in Ms Patterson's triple-murder trial enter their second day at the Latrobe Valley Law Courts in the regional Victorian town of Morwell.

www.abc.net.au

 

[drsleuth]

15:48

Jury told about Patterson's 'alleged incriminating conduct'​

Justice Beale has now moved to the topic of Patterson's 'alleged incriminating conduct'.
'The prosecution argued Patterson knew she was guilty and did what she did to conceal her guilt,' Justice Beale said.
However, Justice Beale told the jury the defence has reasons for Patterson's behaviour.
'The defence claimed there were innocent explanations for that behaviour,' he added.
Justice Beale listed some of that alleged conduct:
1. She lied about being unwell after the lunch
2. Patterson lied about the Asian grocer mushrooms
3. She refused treatment at hospital and left against medical advice
4. She had reluctance to accept treatment the second time at hospital
5. Patterson was reluctant to get kids treated on July 31
6. Why would she have fed the kids leftovers?
7. She reset Phone B multiple times on August 2
8. She dumped the dehydrator
9. On August 5. she provided Phone B instead of Phone A
10. Patterson lied to cops about her phone number
11. She lied about foraging
12. She lied about owning a dehydrator

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

 

[drsleuth]

3:57 PM

The issue of incriminating conduct
Justice Beale has turned to incriminating conduct. In summary, he said the prosecution alleges that Erin:
* Lied that she was unwell and was faking death cap mushroom poisoning;
* Lied that she used dried mushrooms from an Asian grocer;
* Refused treatment on her first presentation to hospital and discharged herself against medical advice;
* Was reluctant to accept treatment on her second presentation to hospital;
* Was reluctant to obtain treatment for her children;
* Lied that she had fed her children the leftovers of the beef wellington with the mushrooms and pastry scraped off;
* Reset Phone B multiple times;
* Disposed of the dehydrator at the local tip;
* Provided police Phone B, instead of Phone A;
* Lied that her phone number ended in 835 during her record of interview; and
* Lied that she had never foraged for mushrooms and had never owned a dehydrator.
Justice Beale said the prosecution claimed that the “only reasonable explanation” for the conduct is that Erin knew she was guilty and wanted to “conceal her guilt”.
But he said the defence argued that there was a “reasonable, innocent explanation” for the conduct or, alternatively, the conduct did not happen.

https://www.heraldsun.com.au/truecrimeaustralia/the-mushroom-cook/judges-final-instructions-to-jury-before-they-determine-mushroom-cooks-fate/live-coverage/01b6bb3bbaff1cee5d23d7d853eb2432#/entry/32407341