Accused Boyfriend’s Fate Nears As State Rests

[00:00:00] Speaker 1: All right, will the party stipulate to the presence of the jury? Yes, Your Honor. All right, take a seat, ladies and gentlemen. Ladies and gentlemen, that last objection was sustained by the court. Attorney Rye? [00:00:16] Speaker 2: Mr. Sanders, you rejected Sophie's AT&T location records as not reliable because they showed some events occurring in multiple locations at the same time. Is that correct? Yes. Do you recall that text message from your animation that says, I'm saved and then scared? Yes. Was that at 11.25 p.m.? [00:00:38] Speaker 3: I would have to look again, but it sounds correct. [00:00:41] Speaker 2: Okay, and correct me if I'm wrong, but it showed that Cooper was away from Sophie at that time. [00:00:46] Speaker 3: Yes, it was during that time. [00:00:48] Speaker 2: All right, for how long would you say he was away from Sophie at that time? [00:00:52] Speaker 3: Without reviewing it, I want to say somewhere in the realm of two minutes. [00:00:55] Speaker 2: All right, and that's the same time we saw the video for exiting his truck, correct? [00:01:00] Speaker 3: Yes. [00:01:01] Speaker 2: Okay, and do you remember seeing that animation where that pink dot was? Do you remember that? Yes. Do you recall seeing it on the side of the road? Yes. Do you recall seeing it briefly in the woods? Yes. Okay, do you know what time of day was that? Evening. Evening. Around 11 at night, almost midnight, correct? [00:01:20] Speaker 3: Yes. [00:01:21] Speaker 2: So she's alone, correct? Yes. And Cooper's away? Devices, they're separated, yes. All right, and at some point does he come back? Yes. All right, so isn't it consistent that that text was sent as he came back or while he was coming back? [00:01:38] Speaker 3: I don't know that. I just know it was sent while the devices were separated. [00:01:43] Speaker 2: Okay, while she was alone in the woods on the side of the road. Correct. [00:01:46] Speaker 3: That's speculating what she was doing, but her device was off to the side of the road. It was what it appeared. [00:01:54] Speaker 2: You just testified that you saw her, and you agreed with me, on the side of the road at night, correct? [00:01:59] Speaker 3: I saw her device having points on the side of the road, yes. [00:02:03] Speaker 2: Her device, right. And you threw out AT&T for that reason, but you kept light 360, and they both have errors. Isn't that correct? [00:02:15] Speaker 3: It wasn't only that reason that I got rid of the AT&T, but yes, both had errors in some manner. [00:02:23] Speaker 2: And you haven't been to Polydan Road, have you? No. All right, so you can't tell us if there's lines on the road? [00:02:30] Speaker 3: I can't. [00:02:31] Speaker 2: What about field view? Can you tell us if there's lines on the road? No. Can you tell us how wide the road is? No. At 11.38.47, do you recall seeing Cooper's truck on the animation? [00:02:44] Speaker 3: 11.38.47. You'd have to show it to me again. [00:02:48] Speaker 2: Do you recall seeing Cooper's truck with a blinking light at some point? Yes. Okay. Isn't that consistent with a turn signal? [00:02:54] Speaker 3: Yes. [00:02:58] Speaker 2: You testified that Cooper did a full loop turning, taking a right up Polydan after Sophie separated from the vehicle, correct? [00:03:07] Speaker 3: Correct. [00:03:09] Speaker 2: Do you know how fast he was going up that road? [00:03:12] Speaker 3: Not off the top of my head, no. [00:03:13] Speaker 2: Do you recall it being almost 50 miles per hour? [00:03:16] Speaker 3: That sounds correct that it was relatively fast for the area. [00:03:20] Speaker 2: All right, so Sophie exits from the vehicle. She's back in the truck. And he's speeding, correct? Yes. He's speeding to get her home, correct? Yes. And you've never been to the scene, correct? No. Have you ever driven the make and model of Cooper's truck? No. Can you tell us that you don't know the turn radius of a truck like that, do you? [00:03:40] Speaker 3: I've driven an F-150 before, but that's about as close as I can get. [00:03:44] Speaker 2: Probably not that great, right? [00:03:46] Speaker 3: It takes a little bit more to turn around than a small sedan. [00:03:49] Speaker 2: So you don't know how many times Cooper had to shift his truck to back up and enter Sophie's driveway from the right? Not yet. I have no idea. All right. You would agree with me that pickup truck's turn radius is a little bit different from your Tesla, right? Yes. We saw in the video where Cooper's at Sophie's house for a little bit, right? [00:04:15] Speaker 3: Yes. [00:04:15] Speaker 2: He's there, he brings her back, the parents come out, and they help her from the truck. Do you recall that? I do. All right. And then isn't it true that Cooper leaves but comes back with Sophie's phone, correct? [00:04:27] Speaker 3: Yes. [00:04:28] Speaker 2: So he left and came back with her phone and gave it to her parents, correct? [00:04:33] Speaker 3: Yes. [00:04:38] Speaker 2: No more questions, thank you. Thank you. [00:04:45] Speaker ?: During cross-examination, you were asked about where light 360 gets its data in the cell phone, [00:04:54] Speaker 4: and I believe the phrase, only as good as what's put in. Is that accurate? [00:05:00] Speaker 3: That was garbage in, garbage out. [00:05:03] Speaker 4: And in the field of digital forensic analysis, is latitude and launch two to a decimal point good data? [00:05:10] Speaker 3: It can be, yes. [00:05:11] Speaker 4: Why is that? [00:05:13] Speaker 3: It identifies a specific point on a map. [00:05:18] Speaker 4: And you were asked a little bit about the method that you used to calculate speed. [00:05:23] Speaker 3: Yes. [00:05:24] Speaker 4: When you did those calculations, did you generate a number of data sets? [00:05:29] Speaker 3: Can you ask that a little differently? [00:05:31] Speaker 4: Sure. When you were calculating the speed relative to your test data, did you provide data sets of all the speed, all the location points, all of your calculations? [00:05:41] Speaker 3: Yeah, voluminous amounts of data. [00:05:44] Speaker 4: And did you make them available for anyone to test? [00:05:46] Speaker 3: Yes. [00:05:48] Speaker 4: And have you in any way been, any method been brought to your attention of any incorrect calculation of those data sets? [00:05:56] Speaker 3: Nothing incorrect, just variations between formulas. [00:05:59] Speaker 4: And talk about those formulas. You, during your data sets, you used how many different formulas to calculate speed? [00:06:06] Speaker 3: I used three different formulas. [00:06:08] Speaker 4: And what was the variation in speed in miles per hour between formulas? [00:06:12] Speaker 3: It was largely a fraction of a mile per hour, with the exception of law of cosines, when it was very close together. It's just not a good formula for very close together, and we had a lot of that. So I ended up moving away from law of cosines. [00:06:28] Speaker 4: And are those scientific formulas generally accepted in the field? [00:06:32] Speaker 3: Yes. [00:06:32] Speaker 4: And are you aware of any attack to the validity of any of those scientific calculations? [00:06:38] Speaker 3: I guess you would say exactly what I just mentioned, but it's well understood. [00:06:42] Speaker 4: So some formulas are better when data is close together, some went further apart? Exactly. And did you utilize the best data, the best equation for the data set you had? [00:06:52] Speaker 3: I did. I used one that was specifically good for close together. [00:06:56] Speaker 4: You were also talking about removing that anomalous 250 miles per hour. Yes. Why did you remove that data? [00:07:02] Speaker 3: I, remove isn't the right word. I never added it. [00:07:05] Speaker ?: Okay. [00:07:05] Speaker 4: So why did you not add that? [00:07:08] Speaker 3: So as we saw in the animation, the sample points, the ones with the S that were very frequent, they were limited, right? I only showed them at points where we really need to break it down second by second. If I had all of those points up the entire time, it would have just flooded the map. It would have ran poorly, and you would never have seen Mr. Ouellette's device in relation to all of Sophie's points. [00:07:29] Speaker 4: And you had talked about your testing revealing that horizontal accuracy rating of five miles or not possibly five meters. Was the data point in that 250 mile an hour set in excess of five miles, five meters of horizontal accuracy? [00:07:45] Speaker 3: Yes. I don't know the amount, but it was quite high, above five. [00:07:48] Speaker 4: And in order to present accurate information, is that why you did not present that data? [00:07:55] Speaker 3: No, because I already wasn't including it, because that was not, it didn't exist at a time frame where I was putting sample points. Okay. [00:08:02] Speaker 4: So you were using server points at that point? Yes. Which has that speed data from the phone? [00:08:07] Speaker 3: Correct. [00:08:11] Speaker 4: And you don't know what the server point, the rate of error plus or minus is as it relates to Lake 360's server points. But as to your sample points, what is the plus or minus of the miles per hour? [00:08:25] Speaker 3: At max, it would be five miles per hour. [00:08:32] Speaker 4: Nothing for the judge, thank you. Anything else? [00:08:36] Speaker 2: So this is the first time you use Lake 360 in your career for a case like this, correct? Correct, yes. All right, and you identified anomalies? Yes. One so big as a truck reversing at a speed of 250 miles per hour. [00:08:50] Speaker 3: Yes, it could be implied that that would be the case, yes. Did you view that? I saw rapid backward movement, yes. [00:08:57] Speaker 2: All right, at a speed of 200 to 250 miles per hour, right? Something outrageous? [00:09:01] Speaker 3: Something beyond the scale of possibility. This was before the limitation at the five meters horizontal accuracy. So if we assumed on the outer ends of the horizontal accuracy that speed would come down, it still was outside of the bounds of what is possible. [00:09:16] Speaker 2: You want us to believe the accuracy of this app? I'm waiting for you to finish your question. You want us to believe the accuracy of this application, correct? You want us to give credit to this application, correct, to its accuracy? [00:09:40] Speaker 3: The data that is provided from and to the application, yes. [00:09:43] Speaker 2: All right, but you've only used it once for a case like this, correct? Yes. You just told the jury that you identified an anomaly of the truck reversing at a speed in 250 miles per hour, yes? [00:09:55] Speaker 3: Yes, generally. That it's backwards at an unreasonable rate of speed. [00:09:59] Speaker 2: You can't tell us all the anomalies that exist. You can't tell us that, can you? [00:10:05] Speaker 3: I did not go through every sample point for the entirety of the data set, no. [00:10:09] Speaker 2: Okay, but here you want us to accept that this application is accurate, correct? [00:10:14] Speaker 3: For the vast majority of what we saw, it appeared to be relatively accurate, yes. [00:10:18] Speaker 2: All right, this consumer app, you want us to vouch to believe its credibility, correct? Injection, ask the man. Sorry, it's accuracy. [00:10:27] Speaker 1: I'll let you ask it one more time. That's it. [00:10:30] Speaker 2: I'll move on. [00:10:31] Speaker 1: I'm finished. All right. [00:10:33] Speaker 4: Anything else? Did surveillance footage corroborate the geolocation data after the anomaly? [00:10:38] Speaker 3: It did, yes. [00:10:38] Speaker 4: Thank you. Thank you, sir. [00:10:41] Speaker 1: Have a step down. Thank you. Appreciate it. All right. [00:10:56] Speaker 5: State. May I just have one moment with the clerk, please? May I. My understanding, Your Honor, in conference with the clerk, is that the only item of evidence that is marked for identification in the state's case would be 70, and every other exhibit is marked as full, either by agreement or through evidence. [00:11:36] Speaker 1: All right, well, I'm going to have you go through that anyways, but that's fine. And with that, the state will rest. All right, state's rest. All right, ladies and gentlemen, it's 10 of. We took it a little early lunch. The state has rested their case. Again, leave your notebooks on the chair. No talk about this case to anybody, marshals, each other, friends, family. No research on the internet or any other means. And we'll see you at 2 o'clock. I really want you.