Latest / Parsing the Truth: One Byte at a Time / Karen Read 1-11: Lessons Learned
Transcript
- 0:01Join former FBI Senior Forensic Examiners Becky Passmore and
- 0:05Stacey Eldridge as they dig into the world of digital forensics
- 0:08one bite at a time. Now leading their own consulting
- 0:11firms and educating the next generation of cyber sleuths,
- 0:14these bad ass babes of digital forensics bring sharp insight,
- 0:18real world case experience, and a dose of humor to the bits and
- 0:21bites that filled today's investigations.
- 0:23From deep dives into business e-mail compromise and ransomware
- 0:26attacks, Becky's specialty to cracking the complexities of
- 0:29iPhone forensics, Stacy's obsession, this podcast delivers
- 0:33insider knowledge for professionals, students, and
- 0:36true crime techies alike. If you've ever wondered what
- 0:39really happens when the digital trail is all that's left, TuneIn
- 0:42and start parsing the truth. Parsing the Truth One Bite at a
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- 1:29Now on to our episode. Welcome back to Parsing the
- 1:34Truth One Bite at a Time. I'm Stacey Eldridge and with me,
- 1:37as always, is my Co host, Becky Passmore.
- 1:40We are the podcast that focuses on digital forensics and the
- 1:45artifacts and the facts of today's modern crimes.
- 1:48And we even dive into the courtroom testimonies and what
- 1:52those facts reveal to the juries.
- 1:54So, Becky, what are we going to do tonight?
- 1:57Well. Welcome back everyone.
- 1:59Today we are wrapping up the coverage of the first Karen Reed
- 2:04trial and we're taking a look back at all the digital evidence
- 2:09and the forensics testimony that was covered during this these
- 2:13episodes to bring you some lessons that we learned from
- 2:17this trial. Yeah, so first up, I want to
- 2:20loop back around to something. I had a question in one of the
- 2:24previous episodes that we discussed and that was that
- 2:28screenshot that was mentioned of Brian Albert's contact
- 2:33information that was captured on Jennifer McCabe's phone.
- 2:38And I wanted to clarify something for everyone.
- 2:40So my question was, you know, was it really a screenshot or
- 2:44was it one of those captures that is created when you're
- 2:48switching apps? And that was my question.
- 2:51Was it really a screenshot or was it related to the app
- 2:54Switcher? Well here, here are the facts
- 2:57from the actual evidence that we didn't have access to before.
- 3:00So let's First off level set. Now the images that are created
- 3:05for use with the app Switcher are dot KTX files and they are
- 3:11stored generally in a subdirectory of that
- 3:14applications data and they're not stored in a database.
- 3:18And if you're wondering what a KTX file stands for, it stands
- 3:22for Kronos Texture. I didn't know that.
- 3:26I was like oh fancy Chronos texture.
- 3:29I knew what a KTX file was, but not what it stood for.
- 3:32Now these files are an image container made for 3D graphics
- 3:38and when the iPhone is creating them, they actually create 21
- 3:42for light mode and one for dark mode.
- 3:45Now, if it had been a KTX file and was deleted, we wouldn't
- 3:50have known about it, since if it was actually deleted, it would
- 3:54not have been extracted by Celebrate.
- 3:57Also, based on the evidence, that screenshot was indeed a
- 4:00user generated screenshot and it was a PNG file.
- 4:04Now the question still remains, why was it screenshotted?
- 4:06Does it really matter? I don't know, but you know, I
- 4:09think it's interesting to, you know, make sure you know that
- 4:12this is a screenshot and this is a key KTX and which ones are
- 4:16generated and why. Now, a KTX file created by the
- 4:20system certainly could show revealing information in your
- 4:24case, so they're not to be ignored, but in this case, this
- 4:27was just a screenshot that would have been user generated.
- 4:31So now we know the answer to that and maybe we've learned
- 4:34just a little something about KTX files.
- 4:36That's right. Next up.
- 4:37The other thing we discussed was airplane mode, and I think this
- 4:43came up mostly during Trooper Nicholas Garino's testimony.
- 4:49I think Jessica Hyde maybe mentioned it a little bit too,
- 4:52but most of it came out during Nick Garino's testimony and we
- 4:57are talking about GPS and all that sort of stuff.
- 4:59So I think we want to come back around and clarify some
- 5:03terminology and make sure we use the appropriate terminology when
- 5:07it comes to iPhones and how you should be sharing this
- 5:10information with a jury. So level set once again, when
- 5:14you put your phone into airplane mode, it does not disable lake
- 5:18location services by default. You can't go and swipe down into
- 5:23the Control Center and there's nowhere to talk on or off.
- 5:27It's just the airplane mode, Wi-Fi, Bluetooth.
- 5:29That's what everybody should be concerned with.
- 5:31But now what we want to do is tighten up our language around
- 5:33this, because I think in the previous episodes we were saying
- 5:36there was no way to disable GPS on the iPhone from that option
- 5:40from the Control Center. So we should clarify that GPS
- 5:44and location services are related, but they're two
- 5:48different distinct things. On an iPhone, GPS is one of the
- 5:52several data sources that Location Services uses to get
- 5:58location data from. There's not an option on your
- 6:01iPhone to actually switch the GPS service off, so think of
- 6:07Location Services as that umbrella service that manages
- 6:11which apps can access location data and which services are used
- 6:16to determine your location data. So if you're preserving A seized
- 6:21foam, you want to place it in a Faraday bag or Faraday box as
- 6:26soon as possible, not just use airplane mode.
- 6:29And because if you put it in the Faraday bag, what does it do,
- 6:32Becky? Well, it still tries to reach
- 6:35out to those signals and it might lose battery quicker and
- 6:39faster. Right.
- 6:40So you want to try to, you know, think if you put a portable
- 6:43battery pack in there, you don't want the power charging cord
- 6:47hanging out of that bag because then you've just created a
- 6:50little antenna. But the reason your iPhone is
- 6:53still searching for signal all the time is that Faraday box,
- 6:57that Faraday bag is blocking all of those signals.
- 7:00So by doing that, it's preventing any of that location
- 7:03data, Wi-Fi data coming in and entering new data on the phone.
- 7:08Now. Now it's alleged rumored on the
- 7:11Internet that if you say, hey, Siri, turn off location
- 7:15services, it will turn off location services.
- 7:18I don't know, Becky, do you want to try it on your phone and see
- 7:20what it does? Let's.
- 7:21Try Hey Siri turn off turn off Location services.
- 7:27Turning off location services will disable access to your
- 7:30location data for all apps, including Find My.
- 7:34Should I go ahead and turn off location services?
- 7:36OK. And was your phone locked or
- 7:38unlocked when you did that? It was locked.
- 7:40OK, OK, so seems like it now. It pops up a little option for
- 7:46me to toggle off my location services and so it it it does
- 7:52offer a toggle button so if I wanted to do it I I could do it.
- 7:57Does that mean all my location and security services are turned
- 8:02off or there's still some turned on?
- 8:04Yeah, I don't know. But I mean, it's maybe a good
- 8:07option. Now I've also said, you know,
- 8:11it's maybe not recommended to do that.
- 8:14You might get some unexpected results if you say, hey, Siri,
- 8:18disable it and it disables it like, I don't know, Will causes
- 8:20the iPhone to crash because we certainly don't want it to crash
- 8:23and and shut down. You know, like everything, it's
- 8:26about managing risk and mitigating the circumstances.
- 8:30What data do you need to preserve?
- 8:32How so important is that you have that location data shut
- 8:37off, Like if you know it's just going to be an hour or two
- 8:39before you can get it to wherever you've got to go that
- 8:42has a Faraday bag, a room, a box or whatever that's going to
- 8:45block those signals. Maybe don't mess with it, but
- 8:48maybe it's some sort of remote situation.
- 8:50You don't have any Faraday bags. Maybe you want to take that
- 8:53risk. It all just depends.
- 8:56But if you're in law enforcement or working in an agency or a
- 8:59large business group, you might want to do some research,
- 9:02testing and valid and come up with a policy.
- 9:06And maybe you have different recommendations for different
- 9:09circumstances. But the thing we want to
- 9:11reiterate here is you've only got 7 days to grab that detailed
- 9:15location data. If you don't know what the PIN
- 9:19code is, you're going to have to spend some time breaking into
- 9:21that phone. Obviously, if you have it under
- 9:23consent or somebody knows the PIN code, you can get into it a
- 9:26lot faster. And then of course, the other
- 9:28question is, is a full file system extraction supported so
- 9:32you can get that detailed location data that you want,
- 9:35airplane mode and collections being done appropriately in
- 9:38Faraday bags? Do they have them or do they
- 9:40not? This is not going to be the last
- 9:42case that this is going to be talked about in.
- 9:43That's right. And, you know, they made a big
- 9:45deal about this in the Karen Reed trial because, you know,
- 9:49they discussed that, oh, there was all these locations reported
- 9:52from within whatever the agency was that was holding the device
- 9:56at the time. But it really didn't have
- 9:59anything to do with where the phone had been in this case.
- 10:02Like, there was no lost data. They were able to recreate where
- 10:05the phone was the night of Mr. O'keefe's death from the bar to
- 10:1034 Fairview Rd. Oh, Becky, you've talked about
- 10:13it was probably a defense strategy, something to harp on.
- 10:17They're going to nail you. You didn't follow best
- 10:19practices. You could be losing data,
- 10:22overriding data. And then it's going to kind of
- 10:24lead down that trail of, if you didn't do this right, what else
- 10:28are you doing wrong? You know, they're just out there
- 10:31throwing doubt around like it's confetti.
- 10:34Yeah, that's right. So next we talked about the time
- 10:38stamp in a browser. Stamp dot DB is a tab state
- 10:45timestamp, not a search timestamp.
- 10:48Could the two ever match? Perhaps, But the big take away
- 10:52from this trial was that iOS 15 changed this database to only
- 10:58write when a tab is closed. The last viewed time reflects
- 11:03when that tab last changed focus and was closed, not when a the
- 11:10URL was accessed. Much of what that table used to
- 11:15do is now to be able to track in memory and not in the table
- 11:21itself. It makes sense that there's a
- 11:23lot of writing to a database. Celebrate ultimately removed
- 11:29this time stamp from its output because it is in and this is, in
- 11:34Wiffen's words, wildly inaccurate, but it still exists
- 11:40in the raw data. Now, if you want to see this for
- 11:43yourself and you don't want to have the ability to create your
- 11:46own test data set, you can use one of Josh Hickman's head over
- 11:51to his blog at Binary Hick, and he has versions of iOS 13
- 11:57through 17 available for download, along with detailed
- 12:01notes on the actions taken on these devices.
- 12:04And I'll say this much, those iOS versions of iOS that Josh
- 12:09Hickman has created as data sets for people to use for training
- 12:14purposes, for testing purposes, they're they're they're very
- 12:18well written. Yeah.
- 12:21So I downloaded the iOS 15 version and I could see the web
- 12:26URL in the browser state DB and it did not match the time of his
- 12:32searches as documented and corroborated with the history.
- 12:35Yeah, this was a big one in this case, right?
- 12:38That was sort of the, I don't know, in my opinion that the the
- 12:41huge controversial artifact in this case was was the time.
- 12:45And people are still upset about this time.
- 12:51And, you know, I think if you don't believe it, you're unsure,
- 12:57you think that it reflects the search time, then I think you
- 13:00should go out and do your own testing and validating because
- 13:02this might come out to your case.
- 13:05And so you need to understand what you're stating and you need
- 13:10to believe what you're stating too is right.
- 13:13You can't just say, well, somebody said this and I'm just
- 13:16going to take their word for it, especially when this has been
- 13:18hot, you know, hugely really contested.
- 13:20So if this is important to your case, you know you're going to
- 13:24have a hard time on the stand. So you better double down and do
- 13:28a bunch of testing because the opposing side isn't going to go
- 13:31down without a fight if you're trying to say something from
- 13:34this database and the times are super important to your case.
- 13:38Right, and tool version matters. These different tool versions
- 13:43provide different results. That's why they keep releasing
- 13:46new versions, because they can parse more artifacts.
- 13:50Celebrate 7.53 dot 0.29 did not parse the search term House Long
- 13:57to Die in Cold from the browser State dot DB wall record, which
- 14:03was used by Gerano. Version 7.55 was the first
- 14:09version capable of parsing that data.
- 14:11Version 7.61, point 0.12 is what Richard Green used.
- 14:18Rono's original report omitted the artifact entirely because it
- 14:24was not support. It was not a supported artifact
- 14:27at that time. At the end of the trial, it
- 14:30seems it's once again not a supported celebrite artifact.
- 14:35So a few key points here is always document which tool
- 14:40version produced each finding using a new version of a tool is
- 14:45not re examination in the sense that you're not conducting the
- 14:48extraction again, but you need to check the search warrant
- 14:52again and confer with legal counsel if you can process this
- 14:57data again with a newer version of the tool.
- 14:59So we go back and look at the results over again all the time
- 15:04when preparing for trial prep, but processing with new tools,
- 15:08different tools or newer versions of tools, will that be
- 15:11a problem in your jurisdiction? Those are good questions and you
- 15:14don't want to do something so close to the trial to get your
- 15:19data kicked out. It's probably going to be more
- 15:23noticeable if you are producing exhibits sort of at the last
- 15:28minute with these these new tools.
- 15:30And if people catch on to that, they might re raise some
- 15:33questions and try to get that stuff tossed out of court.
- 15:36So, you know, just, you know, double check, read the search
- 15:39warrant again, whatever your legal authority is again and
- 15:42make sure that it's OK to do that.
- 15:45Other people might have questions.
- 15:46Well, why did Greeno use this version and why did Richard
- 15:49Green use a newer version? And obviously in the testimony,
- 15:52it came back out later that Garino did go back and and use
- 15:55newer versions to come up with those same results.
- 15:58And it wasn't until Richard Greene affidavit came out.
- 16:01But they're using different versions because you know, law
- 16:05enforcement is working the case first.
- 16:07Then if it goes to trial or they know it's going to trial, that's
- 16:12when another digital forensic examiner for the defense is
- 16:15brought in. And it kind of depends when
- 16:18somebody for the defense gets brought in, are they doing it
- 16:22sooner trying to get charges dismissed so it doesn't go to
- 16:26trial or they kind of waiting till the last minute.
- 16:28But obviously all this time has gone by.
- 16:30So I'm using whatever my latest version of my tool is.
- 16:34When I get evidence to examine if I'm finding different things
- 16:38than what the other side found and they used an older,
- 16:41different version of the tool, I might go back and use that older
- 16:45version too. But see, that's the thing.
- 16:47When you're on the defense side, you're kind of playing by a
- 16:50different set of rules. There's a lot more liberty of
- 16:53what you can go back and do for sure along the same lines of
- 16:58using newer versions, if you can use multiple tools, right?
- 17:03And you know, if you're going to use multiple tools, you should
- 17:06probably understand what differences are.
- 17:10Do you like the way something looks in one tool versus the
- 17:13other? Does it make more sense in your
- 17:15mind? Do you like how do you can drill
- 17:16down in this tool versus the other tool?
- 17:19And there was some of that discussed during the testimony
- 17:22as well. Greeno himself said he liked to
- 17:25ask him for something and celebrate for for other things.
- 17:27Law enforcement tends to have a lot more tools available to
- 17:31their disposal. If the defense is going to a big
- 17:33forensic firm, they have a lot of tools available to their
- 17:37disposal. But if you're going to a smaller
- 17:39shop like me, I don't have all the things, but I know how to
- 17:45use my tools really well, and I have still an alternate version
- 17:49of a different tool that I can use, and I can always manually
- 17:53parse things if I need to, so that's always an option.
- 17:57Sure. But, you know, I think that one
- 18:00of the key takeaways about using the multiple tools that
- 18:03shouldn't be forgotten is, you know, this house Long to Die in
- 18:06cold was parsed by both Celebrite and Axiom.
- 18:10It showed up in both of the results.
- 18:12So the whole challenge with this in this case was not the fact
- 18:15that the tools found it or did not find it.
- 18:18It was what the heck did that data mean?
- 18:20What the heck did that time stamp mean?
- 18:23And how was it interpreted? Yeah, yeah.
- 18:26Where? Where did the tools categorize
- 18:28it? Because some people, if you're
- 18:29relying a lot on where the tool is putting it, what it's
- 18:32categorizing at it as, that's going to influence what you
- 18:35think that means. But again, what does that time
- 18:38stamp mean? If you're not sure, you're going
- 18:40to have to do some testing and figure that out, yeah.
- 18:43Definitely testing is is part of that process.
- 18:46Testing should be completed just like using multiple tools, just
- 18:50like checking versions. If you're not testing your data,
- 18:54if you don't understand what the tool is parsing and how it's
- 18:59interpreting it, do it yourself. Do it manually, figure out how
- 19:02to do it. Find some other utilities or
- 19:04tools that can help you figure that out for testing.
- 19:07So another area we discussed and should be brought up again is
- 19:12know the three iPhone clocks, monotonic baseband and display.
- 19:18The power log is the only database using monotonic time.
- 19:22You can be sure the opposing counsel is going to ask you if
- 19:26you know what these are, what they do.
- 19:30So when Waze showed a 3 minute discrepancy as discussed in
- 19:35Greens testimony, it came from the power log, not from the Waze
- 19:39data itself. Know which clock on an artifact
- 19:45uses before you interpret it. Going back to know what your
- 19:49tool is interpreting and know what that application.
- 19:53So in this situation, what the clock artifact is being
- 19:57interpreted from the ways application if you need to
- 20:00correlate times? Axiom does a great job showing
- 20:04you all three when monotonic time is involved in power log
- 20:09events. So just do the math as needed
- 20:12when seconds and minutes really matter.
- 20:14And in this situation, for this trial, in this case, they really
- 20:18matter. Yep, absolutely.
- 20:20Everybody just start memorizing what these three different
- 20:23clocks are because I feel like they're going to ask you just to
- 20:25ask you, you're going to be like, you know what the three
- 20:28clocks are and you're going to be like, yes, they're going to
- 20:32be like. And you know that will just
- 20:36again show your confidence level and your knowledge level and you
- 20:42just being able to answer that question and providing the end
- 20:45results for just knowing what the clocks are.
- 20:48And another thing this case really showed was how important
- 20:52the totality of evidence is. And it always is.
- 20:56It's always all the evidence. It's never one artifact alone in
- 21:00isolation. One artifact might suggest one
- 21:04thing, give you clues about one thing, you lead you in One
- 21:06Direction, but five other artifacts might contradict it.
- 21:11And so you've got to figure that out and you've got all these
- 21:13different data points going. And especially I'm in this case
- 21:16where there was a death and movement, you know, there was
- 21:19the GPS data, the location data there, I did it again.
- 21:23I shouldn't have called it the GPS that I, that's my, that's my
- 21:27bad. Is the location data, the Apple
- 21:30health with the steps and the the movement in the flights
- 21:33knowledge see and call logs. There was some confliction on
- 21:37call logs and then they got the the call logs from the the
- 21:40cellular provider themselves. And that happens in another case
- 21:44that we're going to talk about. You know, there's conflictions
- 21:46and then all of your browser history review all of that stuff
- 21:50together and you have to remember the jury hears
- 21:54everything. And so you have to make sure
- 21:56that whatever conclusion you are drawing on the stand, it has to
- 22:00survive the whole picture that they're seeing and hearing and
- 22:04it has to survive the cross examination.
- 22:09You know, we heard some discrepancy in this trial with
- 22:14an examiner stating one thing and then stating the other
- 22:18thing. I think the point they were
- 22:19trying to get to with the when it came to the Apple Health data
- 22:23and then the arrival time of O'Keefe at 34 Fairview was that,
- 22:29you know, with that, if you're paying attention to this
- 22:31monotonic time, then this makes this time weird.
- 22:36And then we don't know about the timing of these Apple Health
- 22:39steps and the floors climbed. It was kind of like we're trying
- 22:43to throw some doubt here onto the timing of all of this stuff.
- 22:48But when you're throwing doubt onto other artifacts and other
- 22:51times, you can't go and say this is the arrival time at 34
- 22:56Fairview Rd., in my opinion. Because if you're saying this is
- 22:59the time we are saying they arrived, then anything that
- 23:04happens before or after that is negated to a certain extent.
- 23:07Because what the problem was in this case was that there was the
- 23:11Apple Health data was recording steps, distance and flights
- 23:16before the arrival time at 34 Fairview Road.
- 23:20And it should be noted again that both the defense and the
- 23:23prosecution agreed on that timestamp of the arrival time.
- 23:26So you can't say this is the arrival time and like like you
- 23:30better take like, you know, what's up with these, this Apple
- 23:33health data, you know? Sure, sure.
- 23:35You've got to be like this is a time.
- 23:38And because this is a time, this negates the Apple Health data.
- 23:41You can't use it to be like discount all the other times,
- 23:44you know. And so of course the question
- 23:46becomes, well, why was there Apple Health data recorded?
- 23:49Well, you know, sometimes it does record it when you're in a
- 23:53car. They don't release the specs how
- 23:56or why Apple Health data does what it does.
- 23:59It's all been reverse engineered.
- 24:01But I think one way to sort of solve this problem is to spend
- 24:05some time timelining because if you timeline this out, then this
- 24:09can help you identify some conflicting information and you
- 24:12can figure out why is it conflicting?
- 24:15Is it just like anomaly bumps in the road or timestamps off or
- 24:20what is going on? Or maybe you can explain it, but
- 24:23you need to be aware of it so you can kind of be more
- 24:26proactive when you start being asked questions on the stand.
- 24:30You don't want to be blindsided by them stating, oh, did you
- 24:32know all this data is conflicting.
- 24:35These timestamps don't make sense.
- 24:36You don't want to be up there going like, no, no, I did not.
- 24:40Right. And again, we, we, we emphasize
- 24:43timelining and we emphasize correlating datas and timestamps
- 24:47and we emphasize that it's not one piece of evidence that
- 24:52solves the case, it is the totality of the evidence.
- 24:55So yeah, definitely was needed in this case.
- 24:59So cross referencing devices to identify deletions and
- 25:03discrepancies. In Green's affidavit, he found
- 25:0617 calls on O'keefe's phone to inform McCabe, but only one on
- 25:12McCabe's phone. And this kind of cross device
- 25:15comparison is how gaps become visible.
- 25:18Don't examine devices in isolation when multiple devices
- 25:22are available. Load all these pieces of
- 25:26evidence into one case in your forensic tool and it will help
- 25:30you timeline this out and identify any anomalies.
- 25:34And as we have presented and we'll be presented in the
- 25:39future, this becomes relevant in so many cases.
- 25:44And you know when we start our next series, you'll see that
- 25:49we're we are repeating ourselves over and over again about why
- 25:54this cross reference of devices and the timelining and the
- 25:58activity is so. Important.
- 26:00Absolutely. And, you know, Speaking of cross
- 26:02referencing information, another kind of recent ish change with
- 26:06the iOS here in this case was the ability to directly search
- 26:11in the search bar in Safari. And that those searches that are
- 26:15conducted being logged in the com dot apple dot mobile safari
- 26:19dot P list. And it only logs when they are
- 26:23searching via that native search bar in Safari.
- 26:27And so you have to remember if people go to google.com and they
- 26:30start typing in their search terms into Google, those are not
- 26:33going to be captured here. So if you see a search in that P
- 26:38list, you need to know where it was entered from.
- 26:41So you're going to say it was entered from that native search
- 26:43bar. And that's, you know, can tell
- 26:46you how that person was interacting with the phone.
- 26:49But you shouldn't be like, this is the only place there are
- 26:51searches. No, there could be search is
- 26:54still in the regular history dot DB if they were doing searches
- 26:59through Google. And then another thing to be
- 27:02mindful of is when people are searching, you may need to
- 27:05distinguish between what they are searching and typing versus
- 27:09what is being suggested to them. And so again, couple of
- 27:13different places to look for some of these Internet history
- 27:16and searching artifacts. Again, the cross referencing
- 27:19don't look at one artifact all by itself.
- 27:22Yeah, and Speaking of absence of data in history dot DB plus
- 27:28unbroken row IDs equals no user deletion.
- 27:33Yeah, we'd love to check that. The the go into the database,
- 27:36look for missing row IDs. That's it.
- 27:37That's a nice easy check, right? It is.
- 27:40Wiffin even showed that if the searches at 6:23 and 6:24 AM had
- 27:46successfully loaded, they would appear in history dot DB.
- 27:49They don't, and there are no gaps in the row IDs proving the
- 27:53pages never fully loaded. So this is the database
- 27:57equivalent of a paper trail. Yep.
- 28:00And again, you might need to do some testing to feel comfortable
- 28:03saying like when doesn't a search or something you're
- 28:07trying to go to a URL visit, when doesn't it get logged in
- 28:10the history DB? But you have to remember, like
- 28:13there are some other artifacts from different databases,
- 28:16different system files that were indicating, hey, this search was
- 28:19going on. And so again, you got to figure
- 28:21out what do all of those artifacts mean together?
- 28:24Of course. Yep.
- 28:25And then, I don't know, we didn't talk about it.
- 28:27It wasn't in any of the digital forensics testimony.
- 28:31But do you want to talk about something kind of silly from the
- 28:33trial back? I want to say it's silly, but I
- 28:35also want to say how important these these things can be
- 28:39discussed. You know, it's, it doesn't have
- 28:41to do with the digital evidence trail, but it definitely can
- 28:44throw a kink in a trial. Yeah.
- 28:47So Jennifer McCabe testified in this case and she had said at
- 28:51some point, I believe it was when she was in grand jury that
- 28:54some of these calls must have occurred before because she had
- 28:57butt dialed. And then so when she was
- 28:59testifying in this case in the first trial, they gave her a
- 29:02really hard time on the stand about butt dialing.
- 29:06But let's just talk about the phrase of butt dialing, right?
- 29:10If you if you are mature like Becky and I are, you were around
- 29:16when the the term butt dialing originated.
- 29:19And this is because old phones, old cell phones used to be
- 29:24different. There was what they called the
- 29:26candy bar style cell phone and it was just like your phone with
- 29:30like physical numbers and buttons to push.
- 29:33And so sometimes, like, you would just like put it in your
- 29:37back pocket or your purse or your front pocket, but you'd put
- 29:40it like in your back pocket and you'd sit down.
- 29:42And especially if you had a speed dial, a sign, then it
- 29:45would start calling someone. And the person on the other end
- 29:48would be like, hello, hello. And then maybe you'd hear
- 29:51something coming from your butt or maybe you wouldn't.
- 29:54And then, you know, it went from there.
- 29:57And they're like, man, sorry, I butt dialed you.
- 29:59And then if you've received that call where you just hear noise
- 30:02in the background, you'd be like, Becky must have butt
- 30:03dialed me again. That's right.
- 30:05That's exactly right. And then you know that the flip
- 30:08phones came along where it shut. So like, you know, there wasn't
- 30:12so many buttons being pressed. But it's the terminology stuck.
- 30:18Becky, what would you say that it means today if someone would
- 30:21say butt dialed you or that was a butt dial?
- 30:24It means that I'm carrying my phone and my phone opened up and
- 30:27all of a sudden the last person I called, which is usually you
- 30:32my, my finger touched it. No, it's not in my pocket.
- 30:36It's not in my back pocket. It's not in my front pocket.
- 30:38It's usually in my hand. Yeah, yeah, because you know
- 30:41they. Just call it a butt dial, yeah?
- 30:42Because it's, it just means it's an accidental thing that
- 30:46occurred. And so, you know, terminology
- 30:48changes over time. No, the butt dialing was
- 30:51associated with accidental calls originally on cell phones when
- 30:55they first started being used as mainstream.
- 30:57And now it just kept in, and now it's just been adapted and it
- 31:00still means a mistake. Yeah.
- 31:03And bringing it back to digital evidence, it's still correlated
- 31:06as whether it happened or didn't happen, right?
- 31:09Dial happened, it still is recorded and now we got to
- 31:13understand the context of that. Yeah, was it a, was it a, you
- 31:16know, is that the one second thing you know, cuz you can see
- 31:19like it was, was it answered or was it just called it not
- 31:22answered because sometimes I'll accidentally hit the wrong
- 31:26person and maybe it calls you super fast and I'm like, oh, you
- 31:29might answer right away every once in a while and I'll be
- 31:31like, oh, sorry, butt dialed you.
- 31:32But like, yeah, it wasn't my butt.
- 31:34It was my finger and I just hit the wrong thing.
- 31:37Yeah, I mean, that happened to me a couple of times in the last
- 31:39couple of weeks where someone has called me, I go to answer it
- 31:43and it stops and I call them back and they're like, oh, I
- 31:46butt dialed you when I was looking at my phone and I was
- 31:49trying to text you back. Well, clearly is not a butt
- 31:53dial, right? So yeah.
- 31:54It's just an expression. So I mean, you might have to
- 31:57explain certain stuff like that because you know, if in this
- 32:02case, if McKay had testified before you, then somebody might
- 32:05want to cross examine you on that and be like, well, what
- 32:08does that really mean and why are they there and blah, blah,
- 32:11blah. So you might need to be able to
- 32:12give some reasonable expect, you know, explanations of that.
- 32:15And another thing is just knowing the lingo because in
- 32:18some cases more than others, the lingo of what people are saying
- 32:22and what it means and how it's taken and construed really
- 32:24matters. Sure.
- 32:25Absolutely. The data alone doesn't convince
- 32:29anyone. It's the story.
- 32:31No matter how technically sound your findings are, if you can
- 32:34translate them into plain English, you'll, you'll, you've
- 32:39lost the jury before you've even started.
- 32:42It's reported that while the digital forensic examiners were
- 32:45testifying, A journalist watched from within the courtroom as the
- 32:49jurors eyes glazed over and the jurors began to yawn.
- 32:54Were they lost? Had they lost total interest?
- 32:57Or was it simply case of the post lunch time yawns?
- 33:03We don't know, but we have to keep in mind every complex
- 33:07concept needs plain English analogy.
- 33:10It's helpful when findings can be shared as a timeline rather
- 33:15than as an artifact list, and every conclusion needs to land
- 33:19in one sentence a juror can carry into the deliberation
- 33:23room. Your testimony has to be
- 33:26engaging. Clarity isn't dumbing down your
- 33:29expertise. It's the highest expression of
- 33:32it. But you know what?
- 33:34It's going to take a lot of collaboration with your attorney
- 33:38to get that story told the way it should be told.
- 33:41Yeah, absolutely. So that is the end of our series
- 33:45on the first Karen Reed trial. These are our lessons learned.
- 33:49We hope you found some great information and key takeaways.
- 33:52And, you know, loved these episodes.
- 33:54And so we'd love for you to join us for our next episode.
- 33:58And oh Becky, do you realize what episode number this is?
- 34:04This is episode #52. Yes, this is number 52.
- 34:09This means it's been 1 entire year of episodes and we have
- 34:15finally reached the end of season 1.
- 34:20Some people are like what are you going to switch to season 2?
- 34:23And I was like, when should we switch to season 2?
- 34:25I thought it was like a year. So here we are.
- 34:27We did an episode every week week for a year.
- 34:31That's the 52. And so we're at one whole year
- 34:35of episodes and this is the last one of of season 1.
- 34:38So we invite you to join us next week when we're going to go to
- 34:43season 2, where we're going to kick it off by talking about
- 34:47what else the podcast. Absolutely.
- 34:51Right, right. And, and, and, and just to make
- 34:54it very clear, it's a lot of work because we do our research,
- 34:58we really dig in. We try to study the cases.
- 35:01We're not here to point blame or point fingers or say we could do
- 35:05it better. We're here to showcase the work
- 35:09that digital forensic examiners do that do not get the attention
- 35:15that they deserve. And so we just want to continued
- 35:20these episodes and continue showcasing these cases.
- 35:24A lot of forensic examiners are very humble.
- 35:28They don't want to talk about all the great work that they've
- 35:32done. But we feel it's important to
- 35:35study these cases and bring out the artifacts, the testimony,
- 35:40because if you can learn something down the line to where
- 35:45you can be a better examiner, you can be a better testifier.
- 35:50I don't know if that's a word, but you can testify.
- 35:53You can testify better. Then that's what we want you to
- 35:58learn from this podcast. Yeah, absolutely.
- 36:01Like, I hope in your, you know, we're listening to these things
- 36:04and you're enjoying it, but I hope like when some piece of
- 36:08data comes up in your note next case, you'd be like, I remember
- 36:11something about this and there was something tricky about it.
- 36:15So I feel like I should not take this at face value.
- 36:17Let me dig in and do a little bit more research before I just
- 36:20run one way or the other with it.
- 36:21That's exactly right. And like, maybe I should go and
- 36:25test something. Maybe I should look at a
- 36:26different version. Maybe I should see what has
- 36:29changed from one version to another.
- 36:32All these little pieces of information, they might not come
- 36:37into play until a little while down the road. 6 months, a year,
- 36:412 years from now. And if you can, go back and
- 36:44remember to. Maybe do a?
- 36:46Little bit of more testing or looking at something else in a
- 36:50in a different way. How a tool parse something
- 36:53doesn't make any sense. Manually do it yourself.
- 36:57These are the things that we want to bring to your attention.
- 36:59Yep, it's been a great year. It has been a great year.
- 37:02Join us next Thursday as we launch Season 2.
- 37:05So and if you've enjoyed these episodes, we're asking you to
- 37:09share it with a friend or a Co worker and just continue
- 37:12listening to us. Give us some feedback.
- 37:14Yep, let us know. So if you have a case that you
- 37:18want us to do research and bring to to the podcast, we love the
- 37:22stories that we don't know about.
- 37:24And so, until next time and next season, stay safe, stay sharp,
- 37:30and as always, keep parsing the truth, one bite at a time.
- 37:35If you enjoyed this episode, make sure to follow us to get
- 37:38notified the next time a new episode drops.
- 37:41If you can do Morehead on over to parsingthetruth.com and
- 37:45donate by clicking on the donate button.
- 37:48Parsing the Truth is a nonprofit organization and we are raising
- 37:51money to send a new digital Forensic Examiner to IASIS
- 37:55training next year in Orlando. Thanks.
- 38:12None.