State v Bradley Cooper 04-19-2011

[gritguy]

I'm confused as well. I thought they would automatically go with Ward as soon as they jury returned. Nothing in this trial has been in any kind of order.

They may still call him but need time to reframe the direct exam since the ruling destroyed their plans.

 

[snowshuze]

Your expert witness has to be able to lay their professional integrity on the line. Just sayin'.

 

[borndem]

must have bach. or master's degree

Look at his resume (I wouldn't call it a CV) on the website -- he cites a BA in "Interdisciplinary Studies" which at many colleges or universities used to be called, "General Studies," i.e., a non-technical degree, but a student could take some tech courses if the school offered them, but he wouldn't have had enough to qualify for a tech degree or even a BS.

 

[Overly-Curious]

Somebody help me out here...How did we get from the Computer guy (Ward) back to the undercover guy?

 

[less0305]

I think they should have gotten someone who has experience testifying in both areas. It was dangerous to call a guy who has not been to the plate before. There are so many firms around, how did they land with this guy?

One thing to think about (it may not work the same in criminal stuff), is that if you have an expert who agrees with you, you list them as a testifying expert. If you talk to one who does not agree with you, you consider them a consulting expert and don't list/mention them at all. Perhaps this guy who took the stand wasn't the only expert talked to, just the one who seemed most helpful.

Perhaps the one who wanted to bulk up his business coffers with defense expert witness fees? Perhaps the one who heard and knew about a Cisco link and contacted the defense with a deal they just couldn't turn down?

 

[ncsu95]

IMO, what they were not allowed was information pertaining to the apparatus and methodology.

They first asked for that...when that was denied, they asked for the MFT report. That was denied as well due to national security.

 

[FullDisclosure]

So, if the defense is calling Agent Johnson, is he on both witness lists? I know that this can happen with witnesses, but I wouldn't expect it from the FBI expert. It can't be cross examination, because that already happened, right? How does this work?
Remember, I'm a rookie...

I should have gone to court today!!!

 

[NCEast]

I agree. I also find his reactions, heavy sighs, staring at the ceiling, etc. to be quite unprofessional for a judge.

I was doing some background research on him and found something akin to 'rate a judge'. His scores were high in some areas, very low in others. Only 7 people had completed the poll when I saw it a few weeks ago.

 

[Just the Fax]

I agree with the part about the computer evidence being real. But it was not shown to be credible. The method used to obtain the evidence was kept secret so the credibility of the evidence was never proven. Of course the evidence is probably very legitimate, but nobody outside of the FBI knows whether that is true or not.

Another one of those corrupt federal government conspiracies, perhaps?
Saving John Edwards I could see, but a lowly NC murder suspect?
Naw, the FBI is credible in this case.

 

[ncsu95]

we will hear that Jay's first computer was a commodore 64

Mine was a commodore vic 20. I would have loved the 64.

 

[GhostCrab]

I dont believe Mr. Ward is being bashed so much as being tagged with being underqualified to testify as an expert to call into question the FBI find of those computer searches of pictures...Never heard him called a liar, or embellisher of truthes at all!! He is a very well seasoned computer geek. Unfortunately Defense picked him to fight computer forensic facts which he isnt qualified to do...

I also read one post a few pages back, accusing the Judge as being a ringer for the prosecution, as an ex-cop, ex-prosecutor..and is biased for Prosecutions success...Now what was that all about I wonder??

I'm a long time lurker that decided to chime in. I do not think that Gessner has run a fair and objective trial. I think that decisions he has taken are time and time again in favor of the prosecution. And I think with his background, it makes sense. You can also see by watching him that he is a rather emotional guy so I in no way believe that he has been able to keep his biases from clouding his perspective. JMO

 

[FullDisclosure]

Somebody help me out here...How did we get from the Computer guy (Ward) back to the undercover guy?

My guess is that if they use Ward, they just have to regroup, since they can't use him to report on his MFT findings, only on security.

 

[less0305]

I dont believe Mr. Ward is being bashed so much as being tagged with being underqualified to testify as an expert to call into question the FBI find of those computer searches of pictures...Never heard him called a liar, or embellisher of truthes at all!! He is a very well seasoned computer geek. Unfortunately Defense picked him to fight computer forensic facts which he isnt qualified to do...

I also read one post a few pages back, accusing the Judge as being a ringer for the prosecution, as an ex-cop, ex-prosecutor..and is biased for Prosecutions success...Now what was that all about I wonder??

True that. Call the police inept and corrupt. Call the judge a cheat for the prosecution side. Call the prosecution witnesses perjuring themselves... but don't dare have an opinion about the first defense witness out of the gate.

 

[snowshuze]

Mine was a commodore vic 20. I would have loved the 64.

I had to take classes to learn DOS for my first computer, lol.

 

[cody100]

Maybe they talked to someone with all that gear and determined the testimony would not be helpful. Lawyers forum shop, judge shop, expert shop and witness shop.

You might be right. I doubt the defense would have picked this judge though in their shopping.

 

[less0305]

My guess is that if they use Ward, they just have to regroup, since they can't use him to report on his MFT findings, only on security.

But he can't come back after today. Barbados called and they want their fee back. They didn't realize he wasn't qualified when they hired him.

 

[macd]

They were not allowed the output from the MFt is my understanding.

That was the judges ruling, but from what I heard this morning, the defense did get a copy last week.
The witness this morning was asked to compare the FBI information with his.

 

[LyndyLoo]

No they didn't. They got a copy of the hard drive in which to derive their own MFT was my understanding.

Then why did Mr. Ward testify that when he downloaded to obtain MFT from that hard drive ( in his home) that his findings didnt match the FBI's MFT?..Dont shot the messenger, that is what he said to Boz..

Kurtz really did try to obscure his request for the tool, but thats what it really came down to in the end. Mr. Ward sought out many other tools in order to replicate that and couldnt...What was he trying to replicate then if you dont believe he had them to replicate?..Sorry..this was all haggled out pre-trial and Kurtz lost that battle then, he mearly tried to do it in court again to get the judge confused and possibly over-rule his original ruling IMO

 

[FullDisclosure]

But he can't come back after today. Barbados called and they want their fee back. They didn't realize he wasn't qualified when they hired him.

I had some buffering issues earlier. Did he say he can't or is it against the rules? (Sorry, my rookie status is showing again.)

 

[less0305]

I had some buffering issues earlier. Did he say he can't or is it against the rules? (Sorry, my rookie status is showing again.)

Kurtz kept saying he couldn't be here beyond today. <shrug> I don't know.