O'Mara calls co-counsel West to the witness stand. Going through the timeline of defense discovery.
August, 2012 - see the phone, it works, assume they can get stuff from SIM card.
Sept 26, FDLE provides the report that it had prepared. This is the first time this report is seen.
Defense knew or was told that phone internal memory was locked out. Learned in November, December timeframe that the phone had been shipped to Santa Barbarba Sheriff office, where phone was unlocked. Late December, early January got a disk represented as a data file, but it wasn't of any value. The state and FDLE advised that data recover was a practical impossibility. Cellebrite came into the picture.
West says that defense was told it couldn't participate (not sure if this comes from Cellebrite or the SAO), so no sense in going just to stand around and watch. Report is January 14 or thereabouts. West describes history of information receipt.
Sept 2012 - short report from FDLE on SIM card
Dec 2012 - short report from SB Sheriff on "swipe code" unlocking
Jan 2013 - report from FDLE, but did not contain the source/BIN file
Feb 22, 2013 - 2nd report from FDLE, including data/source/BIN file
Brenton directed West to Bernardo, for all discovery issues.
Difference between January and February reports was all in the nature of formatting, titleblock, according to Brenton. Brenton was deposed.
Defense did make an unavailing effort to view source data.
West was looking for text messages based on Witness 8's representation that some of her text messages were missing. West mentioned to O'Mara that some information may be missing from state production. So, April 25 Motion for specific discovery.
How would having the complete phone reports in January have assisted us? Hard to estimate how much time that would have saved us, or how much prejudice? Defense still doesn't have the reports generated by Kruidbos and provided to Bernardo. Defense spent a lot of time and money trying to obtain information from the source file. This guy is a licensed Cellebrite analyst, but not using same version of software. Maybe government agencies get more "access" than private purchasers of the software. West estimates 50-100 hours, over a long interval, by many different people.
Defense received additional information on June 4. More than 1000 pages. Certain bookmark/tabs to facilitate cross referencing between reports. More than 4000 images. West says that this production has not been reviewed.
O'Mara says he will be filing another motion to continue. Defense still doesn't have a handle on what information was contained on the phone, nevermind follow-up investigation, such as locating and interviewing witnesses, etc.
Cross exam by Bernardo. Who was the consultant. Connor. When was he listed as a witness? Bernardo asks if defense has Connor's report. West says that the reciprocal discovery includes reports prepared by Connor, probably in the last two or three weeks. Bernardo sounds as though he is going to argue that this is late production. What a bizarre burden shift - nonsense. The state had the information in the first place.
