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Computer Forensics Docket Sheet
Jury Weighs Conflicting
Computer Expert Testimony
In a recent case, the state brought charges and prosecuted the defendant on several counts of sexual exploitation of a minor. The state presented evidence seized from the defendant's computer, including results of a computer-forensics examination that revealed 18 thumbnail child pornography image files stored in the temporary Internet files on the hard drive. Thumbnail pictures, which appeared on the monitor in grids of five pictures wide and four pictures high, comprised 16 of the images. The other two thumbnail images had been enlarged before being automatically stored in the temporary Internet files. The state presented expert testimony concerning the use of the computer and how the 18 images could be present on the computer's hard drive only if the user consciously accessed the Web sites on which they appeared. The state also claimed the enlarged images could have been saved on the computer only by the defendant affirmatively placing the cursor on the thumbnail images and clicking to engage the links. In response, the defendant argued he could not have knowingly possessed the images because the computer automatically saved the images in its temporary Internet files. The jury weighed the conflicting computer-expert opinions, in addition to the other evidence presented, and acquitted the defendant on the 16 counts related to the thumbnail pictures. However, the jury convicted him for the two enlarged images. The defendant appealed the conviction, arguing evidentiary and jury-instruction errors. Vacating the defendant's convictions and remanding for a new trial, the appellate court held that the evidentiary and jury-instruction errors could have affected the verdicts against the defendant. State v. Speers, 98 P.3d 560 (Ariz. Ct. App. 2004).
Michele C.S. Lange Charity Delich www.krollontrack.com e-Discovery Law & Strategy [email protected]
Jury Weighs Conflicting
Computer Expert Testimony
In a recent case, the state brought charges and prosecuted the defendant on several counts of sexual exploitation of a minor. The state presented evidence seized from the defendant's computer, including results of a computer-forensics examination that revealed 18 thumbnail child pornography image files stored in the temporary Internet files on the hard drive. Thumbnail pictures, which appeared on the monitor in grids of five pictures wide and four pictures high, comprised 16 of the images. The other two thumbnail images had been enlarged before being automatically stored in the temporary Internet files. The state presented expert testimony concerning the use of the computer and how the 18 images could be present on the computer's hard drive only if the user consciously accessed the Web sites on which they appeared. The state also claimed the enlarged images could have been saved on the computer only by the defendant affirmatively placing the cursor on the thumbnail images and clicking to engage the links. In response, the defendant argued he could not have knowingly possessed the images because the computer automatically saved the images in its temporary Internet files. The jury weighed the conflicting computer-expert opinions, in addition to the other evidence presented, and acquitted the defendant on the 16 counts related to the thumbnail pictures. However, the jury convicted him for the two enlarged images. The defendant appealed the conviction, arguing evidentiary and jury-instruction errors. Vacating the defendant's convictions and remanding for a new trial, the appellate court held that the evidentiary and jury-instruction errors could have affected the verdicts against the defendant.
Michele C.S. Lange Charity Delich www.krollontrack.com e-Discovery Law & Strategy [email protected]
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