Computer Forensics Docket Sheet

In a criminal case, the defendant filed a motion in limine to exclude evidence of chat-room conversations. At the conclusion of each chat-room session, an undercover police officer conducting the chat-room conversation would cut and paste the entire conversation into a Word document for later review. A computer forensics expert, however, testified that this cut-and-paste method created several errors and that several portions of the defendant's conversations were omitted. The defendant argued that the omitted portions of the transcript contained evidence relating directly to his intent and that the cut-and-pasted transcript should not be admitted as evidence without the omitted portions. The court found that the cut-and-paste document was not admissible evidence at trial because it was not authentic under the Federal Rules of Evidence ('FRE'). The government did not prove the proper foundation to show that the cut-and-paste transcript was a trustworthy source of evidence. The court also found that the transcript was not the 'best evidence' as required by the FRE. Although original duplicate documents might be admitted as evidence in lieu of original documents, they still must be an accurate reflection of the original's content. The court found that the cut-and-paste document offered by the government could not be proven to be an accurate reflection of the original chat-room discussions. United States v. Jackson, 2007 WL 1381772 (D. Neb. May 8, 2007).

Computer Forensics Docket Sheet were written by Michele C.S. Lange, a staff attorney with Kroll Ontrack, with the assistance of staff attorney Joni Heikes. Lange has published numerous articles and speaks regularly on the topics of electronic discovery, computer forensics and technology's role in the law. Lange is a member of e-Discovery Law & Strategy's Board of Editors. Reach her at [email protected].