Latest / The Front / Did police overlook Erin Patterson’s ‘missing’ phone?
Transcript
- 0:04Speaker 1: From the Australian. Here's what's on the front. I'm Claire Harvey.
- 0:07Speaker 1: It's Friday, May thirty, twenty twenty five. An extremist cleric
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- 0:48Speaker 1: turned upside down right now at the Australian dot com
- 0:52Speaker 1: do AU. Did Aaron Patterson really search the web for
- 1:01Speaker 1: information about death cap mushrooms? And did police miss a
- 1:05Speaker 1: crucial piece of evidence when searching her house? Today? Where
- 1:09Speaker 1: the defense lawyer is probing the police case against Patterson,
- 1:13Speaker 1: who's pleaded not guilty to three counts of murder and
- 1:17Speaker 1: one of attempted murder. We've used voice actors throughout this
- 1:26Speaker 1: episode to bring you the words aired in court. What
- 1:32Speaker 1: happened at Aaron Patterson's house when police showed up to
- 1:36Speaker 1: execute a search warrant, and wear's Patterson's missing phone. Those
- 1:41Speaker 1: are two of the big questions at the heart of
- 1:43Speaker 1: the so called mushroom murder trial, where Patterson is accused
- 1:47Speaker 1: of murdering three elderly relatives and attempting to murder a
- 1:51Speaker 1: fourth by deliberately feeding them beef wellington laced with deadly
- 1:56Speaker 1: death cap mushrooms. She's pleaded not guilty, and her defense
- 2:01Speaker 1: lawyer has told the jury the poisoning was a tragic
- 2:04Speaker 1: accident that even though she lied to police about whether
- 2:07Speaker 1: she'd ever foraged for mushrooms, that was a sign not
- 2:11Speaker 1: of guilt, but of panic at the catastrophe that was unfolding.
- 2:17Speaker 1: On Thursday, Aaron Patterson's lawyer, Colin Mandy Casey Cross examined
- 2:21Speaker 1: the lead homicide cop in the case, Detective Senior Constable
- 2:26Speaker 1: Stephen Eppingstall. The Crown has told the jury Patterson's main
- 2:30Speaker 1: mobile phone with her primary SIM card they're calling it
- 2:34Speaker 1: phone A, has never been recovered by police. The juries
- 2:39Speaker 1: heard that on five August twenty twenty three, as the
- 2:43Speaker 1: elderly lunch guests were critically ill in hospital or on
- 2:46Speaker 1: their way to the Morgue police showed up to search
- 2:50Speaker 1: Patterson's home. The Crown says it was during that search
- 2:54Speaker 1: that Patterson took her main sim out of phone A,
- 2:57Speaker 1: a Samsung Galaxy, and put it in a Nokia phone.
- 3:01Speaker 1: The Crown says she then surrendered a totally different device,
- 3:06Speaker 1: phone B, to the police when they asked for her phone.
- 3:10Speaker 1: Here's Colin Mandy Cross examining Cop Stephen epping Stall. We've
- 3:14Speaker 1: used voice actors.
- 3:18Speaker 2: Is it the case that you and miss Patterson had
- 3:20Speaker 2: a discussion about the Nokia mobile phone.
- 3:22Speaker 3: In the record of interview, she did mention that there
- 3:25Speaker 3: was a Nokia In.
- 3:27Speaker 1: The police interview, Patterson said this about the Nokia. It's
- 3:31Speaker 1: a really old Nokia that I've got for like, you know,
- 3:34Speaker 1: if you break your phone and you've got to send
- 3:35Speaker 1: it away for repairs, so it's this really old thing.
- 3:41Speaker 2: But you don't recall having seized that phone.
- 3:43Speaker 3: No, we definitely didn't seize the Nokia.
- 3:46Speaker 2: Because your case is that the Nokia came into use
- 3:48Speaker 2: after that time. Yes, sir, so it couldn't have been
- 3:51Speaker 2: seized because you would have had it.
- 3:53Speaker 3: Yeah, correct, Yeah.
- 3:56Speaker 1: Mandy showed epping staol a police photo from.
- 3:59Speaker 2: The Do you know what that black item is sitting
- 4:03Speaker 2: on the window sill?
- 4:04Speaker 3: No, I've got no idea, sir.
- 4:06Speaker 2: Can I suggest that is phone? A? In a case?
- 4:09Speaker 3: I don't think that's consistent with the phone, but it's
- 4:12Speaker 3: a matter for the jury.
- 4:13Speaker 2: I'd say, sir, you don't exclude that possibility.
- 4:16Speaker 3: If that was a phone, I would think we would
- 4:18Speaker 3: have seized it.
- 4:23Speaker 1: After the search. On August five, Eppingstall took Aaron Patterson
- 4:26Speaker 1: to warm Thaggy police station for an interview. The video
- 4:30Speaker 1: of that conversation was played to the jury earlier this week.
- 4:33Speaker 1: The Crown alleges that during that interview, Patterson gave police
- 4:36Speaker 1: the phone number not for her main phone, which they
- 4:39Speaker 1: say they've never found, but for a different device, phone B,
- 4:43Speaker 1: which the Crown says she had loaded with a SIM
- 4:46Speaker 1: card that she'd taken out of a Samsung tablet.
- 4:51Speaker 2: You knew that Aaron Patterson was utilizing the phone number
- 4:55Speaker 2: ending in seven eighty three prior to the execution of
- 4:58Speaker 2: the search warrant. Yes, that is correct, and you didn't
- 5:01Speaker 2: ask her about the fact of the seven eight three
- 5:03Speaker 2: mobile number in the record of interview.
- 5:06Speaker 3: No, I asked her for a phone number in the
- 5:08Speaker 3: record of interview, and I didn't realize that she hadn't
- 5:10Speaker 3: given me that number. I just wrote it down and
- 5:13Speaker 3: just moved past it.
- 5:14Speaker 2: She gave you the phone number of the phone she
- 5:17Speaker 2: surrendered to police earlier.
- 5:19Speaker 3: Yeah, correct, I just wrote it down and didn't give
- 5:22Speaker 3: it any more thought until later on.
- 5:24Speaker 1: Mandy put it to epping Stall that phone a was
- 5:27Speaker 1: at one point being used by Aaron Patterson's teenage son.
- 5:31Speaker 1: Epping Stall said he didn't know coming up. Did Aaron
- 5:38Speaker 1: Patterson really search the web for deathcat mushrooms. One of
- 6:04Speaker 1: the pieces of evidence the Crown has put before the
- 6:06Speaker 1: jury is web searches made by Aaron Patterson on her computer,
- 6:10Speaker 1: a Cooler Master brand, which police found in her home
- 6:14Speaker 1: on the top shelf of her son's bedroom cupboard. The
- 6:17Speaker 1: Crown showed the jury screenshots of a website called eye Naturalist,
- 6:22Speaker 1: where citizen scientists or real scientists can upload images of
- 6:26Speaker 1: and information about flora and fauna they've spotted in the wild.
- 6:31Speaker 1: The screenshots showed to the jury suggested searches had been
- 6:34Speaker 1: made on that computer for deathcap mushrooms, but Colin Mandy
- 6:38Speaker 1: k C for Aaron Patterson wanted to know if the
- 6:40Speaker 1: cops could actually prove that these web searches allegedly conducted
- 6:44Speaker 1: by Aaron Patterson in May twenty twenty two showed anything
- 6:48Speaker 1: important at all. Epping still agreed he had analyzed Patterson's
- 6:52Speaker 1: alleged web activity in December twenty twenty four, so nineteen
- 6:56Speaker 1: months after the searches.
- 7:00Speaker 2: Other than the fact this is a page with the
- 7:02Speaker 2: same name, same URL, same address, you don't have any
- 7:06Speaker 2: evidence as to what the landing page for this URL
- 7:09Speaker 2: was in May twenty twenty two. No, I don't, sir,
- 7:12Speaker 2: Or if it was this landing page in twenty twenty two,
- 7:16Speaker 2: whether any of the details contained on it were the
- 7:18Speaker 2: same then yes.
- 7:22Speaker 1: Mandy also asked Eppingstall why the police's mobile phone expert,
- 7:26Speaker 1: Dr Matthew Cerrell had not done a more detailed report
- 7:29Speaker 1: on some aspects of the evidence about where Patterson's phone
- 7:33Speaker 1: was allegedly pinging mobile phone towers. If you've been following
- 7:37Speaker 1: the trial, you might recall Doctor Currell told the jury
- 7:40Speaker 1: that Aaron Patterson's phone allegedly pinned mobile phone towers in
- 7:44Speaker 1: the area where deathcat mushrooms had recently been reported on
- 7:48Speaker 1: the Eye Naturalist website. Eppingstall said he was restricted by
- 7:52Speaker 1: costs and only did the most detailed search called an EBM,
- 7:57Speaker 1: for a limited number of days.
- 8:00Speaker 2: Is there a reason why EBM data wasn't obtained for
- 8:03Speaker 2: all of the days in the relevant period.
- 8:06Speaker 3: Yeah, A very good reason is it's very cross prohibitive. EBMs.
- 8:11Speaker 3: When they first came out a couple of years ago,
- 8:13Speaker 3: they were about seventeen hundred dollars for two hours. I
- 8:17Speaker 3: know that price has come down a fair bit, but
- 8:19Speaker 3: to get EBMs for a period every year, we'd be
- 8:21Speaker 3: talking well into six figures. And my boss isn't real
- 8:24Speaker 3: keen when I spend too much money.
- 8:27Speaker 1: Epping Stool also said.
- 8:29Speaker 3: Look, Professor Surrel likes to upsell us in a lot
- 8:32Speaker 3: of things. We've got to be careful with what we
- 8:35Speaker 3: tell him, and so just because we don't want the
- 8:37Speaker 3: evidence to be tainted, we give him very little instructions.
- 8:48Speaker 1: The trial continues in the Victorian Supreme Court, sitting at
- 8:51Speaker 1: more Well in the Latrobe Valley. You can follow live
- 8:54Speaker 1: coverage by our reporters Elie Dudley and John ferguson anytime
- 8:58Speaker 1: at the Australian dot Com dot Au