Laura Babcock Murder Trial 11.10.17 - Day 14

[Kamille]

Adam Carter‏Verified account @AdamCarterCBC 57s57 seconds ago
Millard now asking about copying and pasting info from one note to another new note, so that content from an earlier one could end up in the creating date of the second note file. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews 1m1 minute ago
Millard is asking about how a user could create content in two different files, copy and paste them, and then the creation date and modified date would be misleading. Falconer agrees. "I know I'm getting repetitive," #Millard says he wants to make his point clear.

Adam Carter‏Verified account @AdamCarterCBC 57s57 seconds ago
"So what are you asking me?" Falconer says. "I'm trying to get at the concept that the creating date of a note does not necessarily reflect the creation of the content of a note," Millard says. #LauraBabcock

 

[Kamille]

Lisa Hepfner‏ @HefCHCHNews 1m1 minute ago
"So what are you asking me?" Falconer wonders. He then agrees that the creation date of a document in a program may not be its actual creation date. #Millard is asking about copying and pasting. "It's possible," Falconer says.

Adam Carter‏Verified account @AdamCarterCBC 1m1 minute ago
"What I'm trying to point out, is the creation date of a note, cannot with absolute certainty, reflect the creation of the content of a note," Millard says. "Correct," Falconer says. #LauraBabcock

Adam Carter‏Verified account @AdamCarterCBC 57s57 seconds ago
Millard is now back to asking about deleted text and iMessages. #LauraBabcock

Give it up DM. MS had to have created that "note" or "rap" after receiving the Ipad on July 4th. It's the content of the note that matters here. Not the date.

 

[Kamille]

Lisa Hepfner‏ @HefCHCHNews 2m2 minutes ago
"Does the text message being deleted corrupt the information in the text?" #Millard asks. Falconer doesn't think so. He thinks missing information in recovered messages could have been "sent with no body contained," or an emoticon was used & not recognized by the software.

Lisa Hepfner‏ @HefCHCHNews 55s55 seconds ago
The parts of the text messages we do see are accurate, Falconers agrees with #Millard. "I haven't noticed any corrupt data, or data that was completely nonsensical."

 

[EspressoBean]

:silly:
anyone else feeling a bit dizzy this morning?

 

[Kamille]

Adam Carter‏Verified account @AdamCarterCBC 14s15 seconds ago
Millard is asking about where blank spaces showed up in extraction reports for cellphones that we've seen. Falconer says he believes those were emoticons. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC 40s41 seconds ago
Millard says he's now putting an exhibit on the screen. #LauraBabcock

Oh yay! DM has another exhibit that the judge will probably tell him he can't show. :notgood:

 

[Kamille]

Adam Carter‏Verified account @AdamCarterCBC 46s47 seconds ago
It appears to be a photo of Smich, and map coordinates from its GPS metadata. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews 49s50 seconds ago
Millard has put a screen capture up. "It appears to be Mr. #Smich," Falconer says. There's also GPS coordinates from where the video was taken. #LauraBabcock

Adam Carter‏Verified account @AdamCarterCBC 44s44 seconds ago
Apparently it's a video that Smich appears in, not a photo. It was shot at a Mississauga address. #LauraBabcock

 

[Kamille]

Adam Carter‏Verified account @AdamCarterCBC1m1 minute ago
Millard says he's not playing the video, but is pointing out a brick wall and a white ceiling behind him in the screenshot. #LauraBabcock

Lisa Hepfner‏@HefCHCHNews 33s34 seconds ago
The picture is a screen capture from a video of #Smich. "I'm not interested in playing the video," #Millard says. But points out the white ceiling and brick wall behind #Smich in the video. #Millard now points to another point in video, where he's made another capture.

Adam Carter‏Verified account @AdamCarterCBC 56s56 seconds ago
Now we're seeing another screen grab of Smich from the video. Millard is again pointing out the background, and asks if it's the same location. Falconer says it appears to be. #LauraBabcock

Adam Carter‏Verified account @AdamCarterCBC 58s58 seconds ago
Millard is now pointing out some lights hanging from the ceiling in the screen grab. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews 1m1 minute ago
We can see another angle of #Smich location in the #Millard screen grab. He's zooming in. "You see lights hanging from ceiling, some black and white design on something I'm going to suggest is a bar," #Millard seems to be describing his own basement.

I can't wait for Dungey to get up there.

 

[Kamille]

[video=twitter;929005478960619527]https://twitter.com/HefCHCHNews/status/929005478960619527[/video]

 

[Kamille]

Adam Carter‏Verified account
@AdamCarterCBC1m1 minute ago
Millard says he's suggesting this movie was taken in the basement in Maple Gate. Falconer says he just looked the coordinates up again, and they're again coming back to the Mississauga address. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC 1m1 minute ago
Millard is now showing the difference between the two addresses on a map. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews 1m1 minute ago
Falconer agrees that the metadata in that video does not show it shot at #Millard home. (It's not the video with #Smich rapping, according to crown, about #LauraBabcock death)

Mark Carcasole‏Verified account
@MarkCarcGlobal 2m2 minutes ago
#Millard showing still from a video of #Smich in what appears to be DM's Maple Gate home. The metadata showed the pic was taken elsewhere

 

[Nosey Parker]

Does anyone care if DM spliced videos? I don't think it changes the implications of the contents.

 

[Kamille]

Adam Carter‏Verified account
@AdamCarterCBC 2m2 minutes ago
So what's happening here: Falconer's report says a movie of Smich was shot at a Mississauga address. Millard is suggesting that's wrong, and it was shot in the basement of his Maple Gate home. #LauraBabcock

Mark Carcasole‏Verified account
@MarkCarcGlobal 1m1 minute ago
Falconer admits there are variables in generation of metadata that could lead to inaccurate location info. #LauraBabcock

 

[Kamille]

Lisa Hepfner‏
@HefCHCHNews 2m2 minutes ago
Falconer agrees there are variables that can affect the accuracy. In his electronic report, he was working quickly and not always confirming locations. "But I did report the GPS coordinates accurately." The court presentation was done with more editing & corrections

Adam Carter‏Verified account
@AdamCarterCBC 53s54 seconds ago
Falconer says for the things in his court presentation, things are "vetted very carefully." This screenshot Millard is pointing out is from his larger files. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews
1m1 minute ago
The irregularity #Millard is pointing out wasn't noted because Falconer didn't include it in his report. "So if I brought it to your attention earlier you would have fixed it," #Millard says.

Mark Carcasole‏Verified account
@MarkCarcGlobal
1m1 minute ago
Falconer says in generating his report lawyers are given opportunity to cite irregularities to him. "This 1 wasn't brought to my attention."

Adam Carter‏Verified account
@AdamCarterCBC 53s54 seconds ago
Millard now asking Falconer to go to the movie file himself and watch it. Millard says "I don't want to hear the volume." #LauraBabcock

Mark Carcasole‏Verified account
@MarkCarcGlobal
47s48 seconds ago
Falconer says the file #Millard is pointing out was not included in his report. #LauraBabcock

 

[redwing7225]

reminds me of the "I have nothing to hide" type of attitude DM had in the TB trial.
simply spinning in circles trying to cast some shadow of a doubt to the jury, imo. for DM to think his "skills" are above that of a professional regarding data loss and retrieval, DM is, for a lack of better words, grasping at straws. (moo)

 

[Kamille]

Lisa Hepfner‏
@HefCHCHNews
2m2 minutes ago
Millard wants Falconer to look at the video and verify that it was all shot at one location. Judge is questioning the relevance and why we are spending so much time on this point. #LauraBabcock

Mark Carcasole‏Verified account
@MarkCarcGlobal
1m1 minute ago
Judge warns #Millard he's trying to show inaccuracy of something not being used for court purposes. Flying close to the fringe.

Adam Carter‏Verified account
@AdamCarterCBC
1m1 minute ago
"This is very, very far out on the fringes of utility and reference Mr. Millard," Justice Code says. "At some point, you've gotta move on." #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews
1m1 minute ago
If you want to challenge the slides that are being used in court, that would be helpful, Justice Code tells #Millard to move on. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC
1m1 minute ago
Basically, there may have been an error in the GPS data from that video. But it wasn't included in the court presentation, so it wasn't double checked. #LauraBabcock

 

[Kamille]

Adam Carter‏Verified account
@AdamCarterCBC 51s52 seconds ago
Millard is now showing text messages from 2005. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews 23s23 seconds ago
Again Justice Code asks #Millard for his point. He now has some text messages on screen. 2005??

I knew that giving him discovery of everything was going to create this problem. He's trying to show that data can be flawed by showing stuff that wasn't even used in the presentation. If he can't prove the presentation information is flawed, he's got nothing. But it is going to make the jury think. He shouldn't be allowed to present any of this. It's outside the scope of the direct IMO.

 

[Kamille]

Adam Carter‏Verified account
@AdamCarterCBC 2m2 minutes ago
Millard says one of the phones is associated with Christina Noudga. The texts seem to span several months, they're not chronological. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews1m1 minute ago
"The question is, is this data also in error? Is this even possible?" Millard says information is from a "handset." Wants Falconer to check his data to see if he has this information. "What's the question about 2005 messages, Mr #Millard?" Code asks.

 

[Kamille]

Adam Carter‏Verified account
@AdamCarterCBC 2m2 minutes ago
"I'm concerned about relevance here ... this is seven years before," Justice Code says. Millard is saying the data is in error. Falconer says he can't say whether it is or not. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC 1m1 minute ago
Millard is asking when the iPhone was first released. Falconer says he doesn't know. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews
2m2 minutes ago
Millard says he believes the data is in error. Falconer says he doesn't have the data. "There's your answer, Mr #Millard. He can't say if it's in error." Millard wants to know when the iPhone was introduced. Falconer doesn't know.

Lisa Hepfner‏
@HefCHCHNews
1m1 minute ago
Judge says he thought #Millard only has a few questions. "You've now been at this for an hour." Millard promises to "try to tighten it up." #LauraBabcock

He had a busy night going through 10,000 texts and looking for data errors.

 

[Kamille]

Lisa Hepfner‏
@HefCHCHNews
2m2 minutes ago
"Would you agree that some of the technological data is in error?" Falconer does not. #Millard

Adam Carter‏Verified account
@AdamCarterCBC 1m1 minute ago
Millard asks Falconer if he would agree that some of the data is in error. Falconer says no. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews 1m1 minute ago
The data isn't in error. The ability of a device to accurately capture a GPS location has many variables. The data may not have been capturing the location accurately. #LauraBabcock

Mark Carcasole‏Verified account
@MarkCarcGlobal 55s56 seconds ago
"The ability of a device to accurately capture a GPS location is dependent on a number of factors" says Falconer. #LauraBabcock

Mark Carcasole‏Verified account
@MarkCarcGlobal 29s30 seconds ago
Falconer says the iPad may not have captured accurate location data. Based on cell towers, etc it thought it was somewhere else.

 

[Kamille]

You can turn off location data on a phone and and Ipad. What happens then?

 

[Kamille]

Adam Carter‏Verified account
@AdamCarterCBC 2m2 minutes ago
Falconer says "It's not my error. It's not the software that's in error." He says GPS errors could come from poor reception and satellite positioning. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews 2m2 minutes ago
"It's not the software that's in error." Could be poor reception or another factor the device relies upon for a GPS location, Falconer says. "But the findings it makes can be in error," #Millard insists.

Adam Carter‏Verified account
@AdamCarterCBC 1m1 minute ago
They're still talking about GPS data now, and how accuracy can be a little screwed up at times. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews 39s39 seconds ago
Falconer is explaining, again, his process of verifying and corroborating data. "The reliability of a device is affected by many factors.... they're just different factors that affect it." #Millard says. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC 38s38 seconds ago
"The reliability of the device can be affected by many hundreds of factors," Falconer says. "That doesn't mean the data on the device is wrong ... there's just different factors that affect it." #LauraBabcock