Neumeister and defense counsel have made some very bold accusations. We have to wait for more testimony to understand whether these allegations are true or a twisting of facts.
Dworkin generated a report which was more than 1,000 pages long. He testified that he examined recovered files.
Some explanations which would refute Neumeisters claims carrying a sinister pall:
- Travis may have scheduled a task for his laptop to come out of sleep mode on the morning of 6/10/08 to check his flight status with Southwest Airlines. This would explain why the computer booted out of sleep mode before the search warrant was signed, and that it automatically pinged Southwest Airlines.
- We know from Neumeister's testimony that TA's computer had at least 19 software programs to handle malware and other issues. Some of these AV programs can be bogus; for example, people who are concerned about malware may load an antivirus program onto their computer thinking it is a solution, when in fact it is malware masquerading as AV software. Based on the sheer number that BN cited, I tend to think this is what happened with TA'scomputer.
- Proper AV software will encrypt and quarantine suspect files. My guess is that all of these files BN is claiming were




, but not noticed by Dworkin or Melendez had been encrypted and quarantined by software.
- BN implied that TA had to search for some of these




sites and that he accessed them. If he searched for them, the search would show up in his browser history. In the event that his full browser history was not available from his hard drive, the defense could always subpeona the ISP for this information. They did not because they know the results would not support their claim.
We'll have to wait for more testimony, but my gut tells me that BN put his balls on the table with this one, making some wild claims that will be shot down.
To me, it's unconscionable that making these kinds of allegations is even allowed. I really want to see sanctions if there is no substance to claims made in motions and subsequent testimony.