Commonwealth v. Read — Trial ArchiveShanon Burgess - Redirect
681 linesJUDGE CANNONE: Go right ahead.
MR. BRENNAN: Thank you. Thank you for that opportunity, your honor. Good afternoon.
MS. BURGESS: Good afternoon.
MR. BRENNAN: Do you know what a sequestration order is?
MS. BURGESS: Yes, I do.
MR. BRENNAN: And what is it?
MS. BURGESS: So it would be an order to not view any testimony of a trial, is my general understanding.
MR. BRENNAN: Does that mean that you can't watch any of it on television?
MS. BURGESS: Correct.
MR. BRENNAN: Do you understand whether or not you can speak to attorneys about testimony? Is that precluded as well?
MS. BURGESS: I'm not aware either way.
MR. BRENNAN: Has anybody ever spoken to you about any testimony that occurred in this trial before you testified?
MS. BURGESS: No, they have not.
MR. BRENNAN: Have I ever discussed, intimated, or suggested any information whatsoever to you about arguments, testimony, or anything about this case as it's ongoing?
MS. BURGESS: No, you have not.
MR. BRENNAN: Do you follow the rules, sir?
MS. BURGESS: Yes, I do.
MR. BRENNAN: Have you followed them in this case?
MS. BURGESS: Yes, I have.
MR. BRENNAN: When you gave your opinions and you've testified, do you have any information or knowledge about this trial as it actually occurred until the point when you testified?
MS. BURGESS: No, I do not.
MR. BRENNAN: You were asked some questions about your CV. A CV is a resume.
MS. BURGESS: Yes, it is.
MR. BRENNAN: Okay. And you were asked about a LinkedIn account.
MS. BURGESS: Yes, I was.
MR. BRENNAN: Is your LinkedIn account different than your CV?
MS. BURGESS: Yes, it is.
MR. BRENNAN: And in this case, when did you learn that your LinkedIn account was wrong or had not been updated? When was the first time you learned that?
MS. BURGESS: That was yesterday.
MR. BRENNAN: When you started your LinkedIn account, do you remember when it was you set it up?
MS. BURGESS: I do not. It would have been maybe 10 years ago or more.
MR. BRENNAN: Do you routinely update your LinkedIn account?
MS. BURGESS: No, I do not.
MR. BRENNAN: When you set up your LinkedIn account, the section where it asks for education, whether graduated or ongoing — do you remember filling out that section?
MS. BURGESS: I don't particularly remember filling it out, but obviously I did at some point.
MR. BRENNAN: When you were asked about Aperture's website, how many experts are associated with Aperture?
MS. BURGESS: I could give you a rough number, between 80 and 100.
MR. BRENNAN: How many offices?
MS. BURGESS: 15 or so.
MR. BRENNAN: Are you involved in the website design or content?
MS. BURGESS: No, I'm not.
MR. BRENNAN: Do you know if Aperture gets the information for their website directly from LinkedIn?
MS. BURGESS: I don't know where they get all of their information from.
MR. BRENNAN: Did you ever weigh in or develop your information that was on Aperture's website?
MS. BURGESS: No, not on the website.
MR. BRENNAN: You do provide CVs before you come to court, don't you?
MS. BURGESS: Yes, I do.
MR. BRENNAN: And in this case, when you provide your CV, do you understand that it's going to be reviewed by whoever requested it — the Commonwealth or the Defense?
MS. BURGESS: Yes, I do.
MR. BRENNAN: And that it will be shared with both sides in the court.
MS. BURGESS: Yes.
MR. BRENNAN: In fact, the first time you provided a CV in this case, was it October 11th, 2024? DEFENSE: Objection, your honor. Leading.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Do you remember the first time you provided a CV in this case?
MS. BURGESS: It would have been around October of —
MR. BRENNAN: What year?
MS. BURGESS: 2024, sorry.
MR. BRENNAN: And when you provided that, was it as an exhibit to something?
MS. BURGESS: Yes, if I recall, it was as an exhibit to the initial protocol that I sent out.
MR. BRENNAN: And when you submitted that CV, did you appreciate whether or not it would be part of a court filing and public?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Okay. If I could have exhibit 183, please. Exhibit 183. You could enlarge the top section. Right there is good. And sir, when you provided this CV to be filed with the court and made public, did you indicate that you had obtained a bachelor's degree?
MS. BURGESS: No, I did not.
MR. BRENNAN: Why did you put "currently pursuing"?
MS. BURGESS: Because I am currently pursuing a bachelor's degree.
MR. BRENNAN: And did you understand your CV was received by the defense and they knew this?
MS. BURGESS: Yes, I do understand that.
MR. BRENNAN: Subsequently, you were asked to provide an updated CV in April 2025.
MS. BURGESS: Yes, I was.
MR. BRENNAN: Did you do that?
MS. BURGESS: I did.
MR. BRENNAN: Can we have exhibit 184? Did you further appreciate this would be provided to both the court and the defense?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Did you represent to the defense that your education included earning a bachelor's degree?
MS. BURGESS: No, I did not.
MR. BRENNAN: You've testified in — you can take that down, please. You've testified in many other cases.
MS. BURGESS: I have. Yes.
MR. BRENNAN: In courts around the country?
MS. BURGESS: Yes, I have. And
MR. BRENNAN: When you've testified in other courts around the country, do you know whether there are transcripts of your actual testimony?
MS. BURGESS: Yes. I believe there are.
MR. BRENNAN: Have you ever represented in any court that you achieved your bachelor's degree?
MS. BURGESS: No, I have not.
MR. BRENNAN: Have you ever inflated your qualifications in a court?
MS. BURGESS: No, I have not.
MR. BRENNAN: When I asked you about some of your background, you told us that you had certificates in Cellebrite and Magnet AXIOM. I didn't go through all of the qualifications and all the accomplishments you had, did I?
MS. BURGESS: No, you did not.
MR. BRENNAN: Do you have professional certifications — GIAC advanced smartphone forensic analysis?
MS. BURGESS: Yes, I do.
MR. BRENNAN: Do you have professional certification from CCME, Cellebrite Certified Mobile Examiner? DEFENSE: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Do you have professional certifications as a Magnet Certified Forensic Examiner? DEFENSE: Objection, your honor.
JUDGE CANNONE: Sustained for the same reason.
MR. BRENNAN: I'm sorry.
JUDGE CANNONE: Sustained for the same reason.
MR. BRENNAN: Do you have a number of certificates that I did not ask you about?
MS. BURGESS: Yes, I do.
MR. BRENNAN: Can you share some of those with us?
MS. BURGESS: Sure. So one of those is going to be GIAC, advanced smartphone forensics. So that's going to be Global Information Assurance Certification. And that is basically a 40-hour — or 48-hour — class with a test at the end to get that certification. There is also a Cellebrite Certified Mobile Examiner certification. That is specifically to demonstrate your knowledge of the Cellebrite software, as well as Magnet Forensics certifications, again for their software specifically.
MR. BRENNAN: Any certifications regarding computer hacking?
MS. BURGESS: What was that last part? Sorry.
MR. BRENNAN: Any certifications regarding computer hacking?
MS. BURGESS: No, not currently.
MR. BRENNAN: Okay. Did you also take any classes regarding crash data or Bosch?
MS. BURGESS: Yes, I have.
MR. BRENNAN: What do you have for certificates in that arena?
MS. BURGESS: So those certifications would be crash data retrieval technician and crash data retrieval analyst. So those courses would be around acquiring and analyzing crash data from airbag control modules.
MR. BRENNAN: Okay. You mentioned that you had over 700 hours —
MS. BURGESS: Yes, I do.
MR. BRENNAN: — of classes and certification.
MS. BURGESS: Yes, that's of classes and seminars or conferences specifically in digital forensics or vehicle forensics.
MR. BRENNAN: Do you need a bachelor's degree to be competent and achieve in this area?
MS. BURGESS: No, I do not.
MR. BRENNAN: Is a bachelor's degree a prerequisite of success in a particular field?
MS. BURGESS: No, it is not.
MR. BRENNAN: You ever hear of Bill Gates?
MS. BURGESS: Yes.
MR. BRENNAN: Steve Jobs?
MS. BURGESS: Yes.
MR. BRENNAN: Oprah Winfrey?
JUDGE CANNONE: Sustained.
MR. BRENNAN: You had become engaged in this case in October 2024.
MS. BURGESS: Correct.
MR. BRENNAN: And when you first became engaged, you had a chance to look at photographs and some data.
MS. BURGESS: Yes, I did.
MR. BRENNAN: At that point, had you had a chance to actually inspect any of the physical property?
MS. BURGESS: No, I had not.
MR. BRENNAN: Did you have an understanding that somebody else did?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Who?
MS. BURGESS: Miss Gaffney and a number of other people with the MSP attended some type of procedure.
MR. BRENNAN: Correct. And do you know who led the actual procedure?
MS. BURGESS: As far as I'm aware, it would have been Miss Gaffney, the defense expert.
MR. BRENNAN: Correct. You filed a protocol. What was the purpose in October when you first got involved with filing a protocol?
MS. BURGESS: Sure. So the first purpose of the protocol was just to address the fact that we were missing data that we expected, and address a potential solution to gather more data, without having looked at the physical property — the actual boards.
MR. BRENNAN: How did you conclude simply on data and photographs that there was missing data?
MS. BURGESS: Sure. So that would be reviewing the initial data that was provided and not seeing user data like I would expect. And that's because there's a number of different chips that are on a circuit board for an infotainment or a telematics or any other module. And there's a number of different data-bearing chips. The purpose of those chips will vary. Some chips' main purpose is to store user data. Some chips' main purpose is to store software or firmware. So if you're acquiring data from chips that only have software and firmware, then you would not expect to see user data within those chips.
MR. BRENNAN: When you made that analysis and concluded that there was missing data, had there been any report provided by Miss Gaffney suggesting there was missing data?
MS. BURGESS: No, there was not.
MR. BRENNAN: Had there been any analysis or opinion alerting that there was missing data?
MS. BURGESS: No, there was not.
MR. BRENNAN: Was there anything to indicate that the person who did this test missed data at that point?
MS. BURGESS: No, not at that point.
MR. BRENNAN: When you decided to write a protocol so you could actually look at the boards and do an analysis, did you put that protocol in writing?
MS. BURGESS: Yes, I did.
MR. BRENNAN: And do you remember if that was around October 10th, 2024?
MS. BURGESS: That sounds familiar. Yes.
MR. BRENNAN: Now, when you were cross-examined, the attorney asked you if you knew what the word "mendacity" meant. Do you remember that?
MS. BURGESS: Yes, I do.
MR. BRENNAN: And you didn't know. Do you now know that means to lie or be
JUDGE CANNONE: Sustained. He didn't ask you a question. He just asked you if you knew what the word was.
MR. BRENNAN: Do you remember that?
MS. BURGESS: Yes, I do.
MR. BRENNAN: Okay. Do you remember he also on cross-examination suggested that when you had your mistake about megabytes/megabits, it was the defense expert that alerted you to that mistake? Do you remember that suggestion by the defense?
MS. BURGESS: Yes, I do.
MR. BRENNAN: Did they ever show you the documents so you could see the chronology?
MS. BURGESS: No, they did not.
MR. BRENNAN: Okay. You wrote a report on October 10th, 2024. Did you then write another report, a supplemental protocol?
MS. BURGESS: Yes. So I did write that initial protocol and then a supplemental protocol.
MR. BRENNAN: Was that on October 17th, 2024?
MS. BURGESS: That sounds about right.
MR. BRENNAN: When you wrote that a week later, at that point, had you realized your mistake? DEFENSE: Objection, your honor.
PARENTHETICAL: [sidebar]
JUDGE CANNONE: Approach, please.
MR. BRENNAN: When you realized your error, what did you do?
MS. BURGESS: So I corrected it with a supplemental protocol.
MR. BRENNAN: When you corrected it with the supplemental protocol, do you remember what date that was?
MS. BURGESS: Not specifically. I do not.
MR. BRENNAN: Okay. If I showed you your report, would that help your memory?
MS. BURGESS: Yes, it would.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Please don't read this. Just look at it. And if it refreshes your memory, let me know and then I'll ask you a question.
MS. BURGESS: Yes, it does.
MR. BRENNAN: When did you correct your error with the supplemental protocol?
MS. BURGESS: That was on October 17th, 2024.
MR. BRENNAN: Okay. And do you remember the date that you first received any information from Mr. Dogra?
MS. BURGESS: No, I do not specifically.
MR. BRENNAN: Do you remember the date when Mr. Dogra's information was first filed?
MS. BURGESS: No, I do not.
MR. BRENNAN: Okay. And do you know if it was after your October 17th supplemental report?
MS. BURGESS: Not specifically, but I believe it was after.
MR. BRENNAN: Okay. And so when it was suggested that you had to be schooled or advised by Mr. Dogra, was that accurate? DEFENSE: Objection, your honor.
JUDGE CANNONE: Word it differently.
MR. BRENNAN: The claim that was made that you weren't aware until someone advised you of your error, was that true?
MS. BURGESS: No, that was untrue.
MR. BRENNAN: When you realized there was an error and put it in a report, were you ever dissuaded from publicly alerting all the parties of your mistake?
MS. BURGESS: No.
MR. BRENNAN: Do you leave stuff in or out of a report if you find it helpful or hurtful to one side?
MS. BURGESS: No, I do not.
MR. BRENNAN: Have you, in this effort that you've made in this case, have you always been encouraged to provide all information regardless of what it is?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'm going to allow that.
MS. BURGESS: Yes, I have.
MR. BRENNAN: And who's encouraged you to always provide all information regardless of what it is?
MS. BURGESS: No one. My job is to assist the jury. Assisting the jury means presenting all the information.
MR. BRENNAN: Have you ever been discouraged by me?
MS. BURGESS: No, I have not.
MR. BRENNAN: When you looked at the photographs and you looked at the boards without actually touching them, how long did it take you to figure out that there was some other vehicle for data?
MS. BURGESS: It took a few times to look at the photographs before I identified the micro SD card slot.
MR. BRENNAN: You were asked whether it's important to be accurate and reliable. Is it in this field?
MS. BURGESS: Yes, it is.
MR. BRENNAN: And if data is not found on the chips, is it a standard practice to look elsewhere?
MS. BURGESS: Yes, that would be a standard practice.
MR. BRENNAN: Was that done in this case before you became involved?
MS. BURGESS: No, it was not.
MR. BRENNAN: Who is the first person to identify where the missing information was?
MS. BURGESS: Myself.
MR. BRENNAN: What happens if you miss information because you don't see it?
MS. BURGESS: If you miss information, that's information that won't help in the analysis.
MR. BRENNAN: In this case, the information on the SD card that you found, how important was that to this entire analysis?
MS. BURGESS: It was important to timestamp certain events.
MR. BRENNAN: Without that information in the SD card, would you have been able to so accurately timestamp certain events?
MS. BURGESS: No, not so accurately.
MR. BRENNAN: Before you were involved, was that information, that very important information for timestamps — was that available for either side?
MS. BURGESS: No, it was not.
MR. BRENNAN: Is it now?
MS. BURGESS: It is.
MR. BRENNAN: You were asked about Berla. When Berla did not have updated software to simply plug into a car and download the information, what process would have to be used?
MS. BURGESS: Best practice for vehicle forensics — if the module or a vehicle is not supported by a forensic tool — would be to remove that module. Let me start over. Manually document the screens on that infotainment module if it's available and it can be powered up. But then also going through disassembling the module, identifying any type of chips or SD cards that may hold data and acquiring that data.
MR. BRENNAN: Is that called a chip-off process?
MS. BURGESS: It is called a chip-off process.
MR. BRENNAN: Does it describe the process? Well, chip off.
MS. BURGESS: Yes, it does.
MR. BRENNAN: Since Miss Gaffney did the original analysis and did that chip off, has the software updated?
MS. BURGESS: Yes.
MR. BRENNAN: And is that the Berla software?
MS. BURGESS: No, I'm sorry. So she has not done an updated analysis with the Berla software.
MR. BRENNAN: But has the Berla software itself updated?
MS. BURGESS: The Berla software itself has updated. But it is limited to again plugging in a USB into the infotainment module while it's in the car running.
MR. BRENNAN: Does the update in the Berla software have anything to do with the SD card?
MS. BURGESS: No, it does not.
MR. BRENNAN: Why not?
MS. BURGESS: Because again they're going a different route to acquire data, and they are acquiring a limited amount of data through what's called diagnostic logs. So if you think of diagnostic logs, your radio unit is keeping logs of anytime things happen on the radio for manufacturer purposes. Berla is taking those logs and they can interpret some of those logs. They are not acquiring all the data that is on the SD card itself.
MR. BRENNAN: You have drafted a number of reports in this case?
MS. BURGESS: I have, yes.
MR. BRENNAN: Regarding the chip-off process, did Miss Gaffney ever write a report?
MS. BURGESS: No, not that I'm aware of.
MR. BRENNAN: When you wrote reports in this case, do you expect for them to be shared?
MS. BURGESS: Yes, I do.
MR. BRENNAN: When other experts, like for example, Mr. Dogra writes a report, do you expect to have a copy and review it?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: What is the standard practice when there are reports from different experts regarding the same subject matter?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Is there a standard practice regarding reviewing reports from similar experts and similar subject matter?
MS. BURGESS: Anytime a report is written by an expert, that report would be provided and shared with opposing experts.
MR. BRENNAN: Do reports always come at the same time in a case?
MS. BURGESS: No, they do not.
MR. BRENNAN: When you wrote your reports, how would you provide them so they could be disseminated?
MS. BURGESS: I would typically provide them to the client or the attorney that hired me, and then that would be disseminated from there.
MR. BRENNAN: Did you have an opportunity to receive Mr. Dogra's March 5th, 2025 PowerPoint?
PARENTHETICAL: [unclear]
MS. BURGESS: Yes, I did.
MR. BRENNAN: Were you provided that by me,
MS. BURGESS: Yes, I was.
MR. BRENNAN: And were you asked or given any direction on what you could or should do?
MS. BURGESS: No, I was not.
MR. BRENNAN: Were you ever asked to reach any particular result?
MS. BURGESS: No, I was not.
MR. BRENNAN: Were you ever asked to avoid anything?
MS. BURGESS: No, I was not.
MR. BRENNAN: What did you see your role as when you'd receive a report from another expert like Mr. Dogra?
MS. BURGESS: When I receive a report, I would typically review it and then make a decision if it's better to address any issues in that report through testimony or address those with a supplemental report.
MR. BRENNAN: And in that analysis, do you follow your own discretion or do you follow directions of the client?
MS. BURGESS: I would follow my own discretion.
MR. BRENNAN: Did you ever receive any direction on what you should and shouldn't do regarding considering Mr. Dogra's report?
MS. BURGESS: No, I did not.
MR. BRENNAN: When you looked at Mr. Dogra's report, did you have concerns about his report?
MS. BURGESS: I did, yes.
MR. BRENNAN: I want to talk about his report in detail. Before we get there, share with us what your general concerns were about Mr. Dogra's report when you reviewed the whole report.
MS. BURGESS: What Mr. Dogra does is take a couple different adjustment methods to attempt to adjust the clock from the Lexus with the iPhone. But what he does is take a lot of methods or data points that are not applicable to the time that we're interested in.
MR. BRENNAN: What do you mean? Can you explain with a little more specificity what he does?
MS. BURGESS: So if you think about it, your clock is constantly changing as far as it syncs up with other GPS satellites or network time servers, and it's updating constantly. So a clock variance between two devices may be different at, say, 12 o'clock in the day versus one o'clock in the day. So best practice is to choose an event that is nearest to your time in question, so you have the most appropriate adjustment for that clock variance.
MR. BRENNAN: Mr. Dogra's analysis — did he choose the event most closely tied to the backing up event?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: The backing up event — are you familiar with that time frame?
MS. BURGESS: Yes, I am.
MR. BRENNAN: Was Mr. Dogra's analysis based on information most closely related to that event?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
PARENTHETICAL: [unclear]
MS. BURGESS: and 1-second offset are actually from Ms. Read's iPhone as she gets back in the vehicle and her phone connects up and syncs back up. So the 8-second and the 16 or 21-second offset are the only offsets that we have to compare two calls.
MR. BRENNAN: What information did Mr. Dogra choose to use for that analysis relative to the backing up event?
MS. BURGESS: He chose a couple things. That's going to be call logs that happened on both devices, or that was recorded on both devices, as well as a GPS data point which was incorrectly identified as being near, or encompassing, that three-point turn. So what we did is a more thorough analysis of that three-point turn event, when it occurred within the iPhone data, and then compared that and adjusted with the Lexus.
MR. BRENNAN: Explain to us your concern about using call logs.
MS. BURGESS: There are a number of call logs that you saw earlier that were recorded by the phone and the Lexus. The one thing you'll notice — and it's hard to kind of go back to it without the graph — but the calls that happened between one and five o'clock that morning actually happened when the car was powered off. We know that based on the power on and power off events. So those timestamps that are recorded with that
MR. BRENNAN: Was that a concern?
MS. BURGESS: It was a concern.
MR. BRENNAN: Why?
MS. BURGESS: Because if you're using the 1 and 2-second offsets, that could be misleading because it's not actually comparing the Lexus clock with the iPhone clock from Mr. O'Keefe.
MR. BRENNAN: What's it doing?
MS. BURGESS: It's comparing Mr. O'Keefe's iPhone clock with Ms. Read's iPhone clock.
MR. BRENNAN: What other concerns?
MS. BURGESS: The other concern was a GPS point known as GPS 154, which if you remember yesterday, we talked about a little bit. So that was misidentified as being the end, or towards the end, of that three-point turn. But when we look closer at all the location data, we can see that that actually occurs between 1:23:59 and I believe it was 1:24:07.
MR. BRENNAN: Let me ask you some questions about what compelled you to look at the three-point turn and synchronize the clocks. Were you aware of Mr. Whiffin's report where he offered that the last user interaction on Mr. O'Keefe's phone was 1:32:09?
MR. ALESSI: Objection, your honor.
MS. BURGESS: No.
MR. BRENNAN: You were asked — did you consider Mr. Whiffin's report where there was a last user interaction of 1:32:09 by the user?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'm going to allow that.
MR. BRENNAN: You were asked if you considered that. Did you know that information?
MS. BURGESS: I did know that information was available and existed, but I did not use that in my analysis for the clock synchronization.
MR. BRENNAN: Did that have any part of your motivation to do the clock synchronization?
MS. BURGESS: No, it did not.
MR. BRENNAN: Were you attempting to match the synchronization with any of this other information that exists in the data?
MS. BURGESS: No, I was not.
MR. BRENNAN: You were also asked if you were aware of Mr. O'Keefe's phone — that at 1:32:16 it ended its movement.
MS. BURGESS: Yes, I was aware of that. Yes.
MR. BRENNAN: Did that in any way affect your interest or your decision to synchronize the clocks?
MS. BURGESS: No, it did not. So my primary focus, and to adjust the clocks, was because I thought the PowerPoint slides by Mr. Dogra were misleading
MR. BRENNAN: When you were shown Exhibit 190. Can we have 190, please? You were shown this chart. Was this the entirety of Mr. Dogra's report?
MS. BURGESS: No, it was not.
MR. BRENNAN: Was there text information offered by Mr. Dogra to give his position or explanation of this?
MS. BURGESS: Yes, there was.
MR. BRENNAN: Is that included in this exhibit?
MS. BURGESS: No, it's not.
MR. BRENNAN: Did you get a chance to read Mr. Dogra's report, including the actual text explaining his analysis and process leading to this chart?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Did you look at Mr. Dogra's entire report?
MS. BURGESS: Yes, I did.
MR. BRENNAN: I move to introduce Mr. Dogra's report.
JUDGE CANNONE: Okay. So, this was triple D for identification. That would be the next — 191.
MR. BRENNAN: You said as a result of Mr. Dogra's report you were concerned — so that compelled you to do your analysis that resulted in your May 8th report?
MS. BURGESS: Correct.
MR. BRENNAN: I want you to take us through Mr. Dogra's report and explain to the jury what concerned you about his analysis.
MS. BURGESS: Sure. With the court's permission, I'd like to put up page one of this report.
JUDGE CANNONE: Okay.
MR. BRENNAN: Is this the front cover of Mr. Dogra's March 5th, 2025 report?
MS. BURGESS: Yes, it is.
MR. BRENNAN: Turn to page two, please. What do you recognize this slide or photograph coming from?
MS. BURGESS: Sure. So, this slide is coming from Dr. Welcher's overall PowerPoint slides.
MR. BRENNAN: When you first saw this slide, what source did you first see this through?
MS. BURGESS: Through Mr. Dogra's PowerPoint.
MR. BRENNAN: Well, Dr. Welcher works at Aperture, doesn't he?
MS. BURGESS: He does. Yes.
MR. BRENNAN: Did you know he was working on this case?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Was he providing you his PowerPoint or slides before this point?
MS. BURGESS: No, he was not.
MR. BRENNAN: When you first saw this slide, did you see information about the timing of the text stream event, which was the backing maneuver?
MS. BURGESS: Yes, I did.
MR. BRENNAN: And what time did that show?
MS. BURGESS: Can we blow it up, just so I don't get the time wrong?
MR. BRENNAN: Up, please. I'm sorry. Here we go. Thank you, Miss Gilman.
MS. BURGESS: Sure. So that's got the text stream event ending at 12:31:43.
MR. BRENNAN: These text stream events that are captured — do you know how long of the event is captured? How many seconds?
MS. BURGESS: Yes. So approximately 5 seconds before the trigger threshold is met and 5 seconds after.
MR. BRENNAN: When this information that you reviewed in Mr. Dogra's report — do you know what clock is used to identify the 12:31:38 to 12:31:43?
MS. BURGESS: Yes, I do.
MR. BRENNAN: And what clock is that?
MS. BURGESS: So, that's a combination of the Lexus clock that's coming from the infotainment center, as well as the running timer that we discussed yesterday, that's coming from the airbag module itself.
MR. BRENNAN: Is the source of that time important?
MS. BURGESS: Yes, it is.
MR. BRENNAN: If you compare time from a different clock with time from a different clock and don't synchronize the two, does that lead you to an accurate result?
MS. BURGESS: No, it does not.
MR. BRENNAN: When you were answering questions, you repeatedly were saying "according to the Lexus clock." Why were you offering that qualification
JUDGE CANNONE: One moment, please.
MR. BRENNAN: Why were you offering that qualification repeatedly?
MS. BURGESS: Sure. So to make sure that the jury understood that that timestamp was coming from the Lexus itself and was not an adjusted timestamp to Mr. O'Keefe's iPhone.
MR. BRENNAN: Could you scroll down please, Miss Gilman? Up a little bit, please. Thank you. The 1:32:09 — what did you understand that information to be?
MS. BURGESS: Sure. So that is information I understood to be the last device lock recorded on Mr. O'Keefe's iPhone.
MR. BRENNAN: And what clock did you understand that time came from?
MS. BURGESS: That would come from Mr. O'Keefe's iPhone clock.
MR. BRENNAN: If you reconciled his iPhone clock information or if you compared it without reconciling to the Lexus information, what's the danger in doing that?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Is there any danger in doing that?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'm going to allow that.
MR. BRENNAN: Is there any danger in comparing two times if you don't consider the clocks that they came from?
MS. BURGESS: Yes, there is. So, you could essentially give an inaccurate time for when that event actually occurred.
MR. BRENNAN: If you could just scroll down to the bottom so we could see the rest of that. You mentioned the word "variance" yesterday during your direct examination. I'm going to ask you to look at that box that has the green around it. Is that an example of variance?
MS. BURGESS: Yes, that is an example of variance — um, between — well, so no. I take that back. That is not an example of variance itself. That is an example of comparing the end of the text stream event to the device lock event.
MR. BRENNAN: Is that attempting to compare two different devices?
MS. BURGESS: So that's not attempting to compare anything. It's just stating that the time between the device lock event and the end of the text stream event, unadjusted, is approximately 26 seconds.
MR. BRENNAN: Is that accounting for synchronization or not accounting for synchronization?
MS. BURGESS: That is not accounting. That is not with synchronization.
MR. BRENNAN: Could we turn to the next page, please? Did you review the next page of Mr. Dogra's report?
MS. BURGESS: Yes, I did.
MR. BRENNAN: And did it lead you to any concerns?
MS. BURGESS: This page specifically — yes and no. So this page again is just showing the time difference between the end of the text stream event and Mr. O'Keefe's last device lock event.
MR. BRENNAN: Is this another way of showing the information that was in that green box?
MS. BURGESS: It is. It's another way of showing the information in that green box, but it is not a clock variance or an adjustment.
MR. BRENNAN: Could you turn the page, please? When you read this page, is this an opinion or conclusion?
MS. BURGESS: No, it does not.
MR. BRENNAN: What is it?
MS. BURGESS: So this is just pointing out that when the 26-second window — which they'll refer to as John's interaction window — when that number is positive, then the phone interaction occurs after the end of the text stream event. When that number is negative, the phone interaction occurs before the end of the text stream event.
MR. BRENNAN: Did you have any issue with that slide?
MS. BURGESS: No, not that slide in particular.
MR. BRENNAN: Turn to the next page. Did you have an opportunity to review the next page?
MS. BURGESS: Yes, I did.
MR. BRENNAN: And were you in agreement with this page?
MS. BURGESS: I was in agreement with this page. Yes.
MR. BRENNAN: And what does this tell us?
MS. BURGESS: So, this page points out that two clocks are not always in sync. So again, to synchronize those clocks you would have to have a shared event that occurred on both devices.
MR. BRENNAN: If we could have the next page, please. Any chance to make that a tiny bit bigger, Miss Gilman? Were you in agreement with this page?
MS. BURGESS: No, I was not.
MR. BRENNAN: Tell us what concerned you about this page.
MS. BURGESS: Sure. So this page is potentially misleading to the jury again by using —
MR. JACKSON: Your honor, move to strike.
MR. BRENNAN: Strike that. Just tell me what your concerns were.
MS. BURGESS: Sure. So, my concerns were that it was potentially misleading to the jury.
MR. ALESSI: Objection, your honor, move to strike.
JUDGE CANNONE: I'm going to allow that. That's his concerns.
MS. BURGESS: Sure. So, that this slide was potentially misleading to the jury because it uses incorrect adjustments to try and adjust the times.
MR. BRENNAN: How does it use incorrect adjustments? Explain that to us.
MS. BURGESS: Sure. So, as we go through the next few slides, you'll see — but essentially what is being done is they're comparing call logs, timestamps from call logs from when the phone was off, suggesting that the lock event occurs after the end of the text stream event, as well as incorrectly identifying the GPS point when the three-point turn ends.
MR. BRENNAN: Would you be better able to explain that to us with the further slides that come next?
MS. BURGESS: Yes, I believe so.
MR. BRENNAN: If we could turn the next page, please.
MS. BURGESS: Okay.
MR. BRENNAN: Is this just a label of what's to come?
MS. BURGESS: It is.
MR. BRENNAN: And can we turn to the next page, please? If we could start, Miss Gilman, with the top left-hand box — if you could enlarge that for us. Did you review this information in this box?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Okay. And before we get to your opinions, what does this information tell you?
MS. BURGESS: Sure. So, this is a snapshot from my initial report, where I point out that the ignition on happens approximately 3 seconds before the infotainment power-on event. So you can see — I think we're up a little too high on the page. Yeah. So highlighted in the red. That's based on our testing where we identified that the ignition-on, or your finger on the ignition pressing it, and the engine coming on and the vehicle coming on, happens 3 seconds before the infotainment system powers on.
MR. BRENNAN: You were asked on cross-examination about that 3 seconds between the pressing the button and the infotainment system going on, but you weren't allowed to answer the question whether you considered it or why that was important. So I'm going to give you that opportunity now.
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained. Ask the question.
MR. BRENNAN: Okay. Is there significance to that 3 seconds and did you consider it in your report and your findings?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Share with us.
MS. BURGESS: Sure. So when we make our adjustments based on the event — so in this case, the three-point turn — what we're looking at is the approximate time frame when that three-point turn occurred via Mr. O'Keefe's iPhone. And then we're adjusting that for the approximate time that the text stream event and that three-point turn ends. So as we sync those clocks, we're adjusting not only for the difference in the clocks, but we're also adjusting for this 3-second delay.
MR. BRENNAN: Did you accommodate that 3-second delay in your analysis and your conclusions?
MS. BURGESS: Yes, that was included in my analysis.
MR. BRENNAN: Now, back to the screen — the information there, is that text taken from your actual report?
MS. BURGESS: Yes, it is.
MR. BRENNAN: Could we shrink the screen, please? And then the photograph in the bottom left, if we could enlarge that — is that as well from your report?
MS. BURGESS: Yes, that is also from my report.
MR. BRENNAN: Did we look at that yesterday on your direct examination?
MS. BURGESS: Yes, I believe so.
MR. BRENNAN: And briefly tell us what that depicts.
MS. BURGESS: Sure. That's during our exemplar testing where again we've got it rigged with cameras that are recording video and timestamps of interactions we're having with the vehicle, which include powering it on and powering it off.
MR. BRENNAN: If you could shrink the screen and we'll go to the right. Miss Gilman, what was the import of this screen to you in its entirety?
MS. BURGESS: Sure. So this is not actually a valid way to adjust or synchronize clocks because again, we're not adjusting based on a shared event. So the ignition-on event occurs — it is not recorded by Mr. O'Keefe's iPhone. But again, we are adjusting and including this in our timestamp adjustment.
MR. BRENNAN: If we turn to the next page, please. You were asked about the process of synchronization through phone calls or through the three-point turn data.
MS. BURGESS: Yes, that's correct.
MR. BRENNAN: Why did you choose to use the three-point turn data instead of phone calls?
MS. BURGESS: Sure. So I chose to use the three-point turn data because it was closer in time to the event that was of interest, as well as it was based not only on the infotainment clock but it was also based on that running timer. So once we adjust that first event to Mr. O'Keefe's phone, the second event is also based on that running timer. So it would also be adjusted.
MR. BRENNAN: Did you have any concerns about using phone calls specifically?
MS. BURGESS: Yes, I did.
MR. BRENNAN: And what were they and why?
MS. BURGESS: Sure. So those concerns were related to the phone calls that we could actually compare, and again some of the phone calls that happened earlier or closer to the event of interest were not actually recorded by the infotainment system itself.
MR. BRENNAN: Why is it important to take an event closest to the time of the event you're studying?
MS. BURGESS: Sure. So like I said before, clock variance will change between devices as they are constantly syncing back up with reference systems. So a clock difference that you see at 1:00 in the day is not going to be the same as you would see at 2:00 in the day.
MR. BRENNAN: When you chose the three-point turn, how close to the backing-up event was that in time?
MS. BURGESS: I believe it was within 10 minutes or so.
MR. BRENNAN: Was that closer in time or further away in time than the phone calls as a method?
MS. BURGESS: That was closer in time than the phone calls. If you think back to the phone calls that we could have compared, those occurred at 5:00 in the morning.
MR. BRENNAN: We turn to the next page, please. Did you have a chance to review this slide of the PowerPoint?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Now, you see on the left is a box. Where's that box taken from?
MS. BURGESS: Sure. So that box on the left is taken from my report. That's going to be my initial report, January 30th, 2025.
MR. BRENNAN: That's correct. Okay. And share with us what you were trying to express in this box.
MS. BURGESS: Sure. So again, this box is —
MR. BRENNAN: I'm sorry to interrupt you. My apologies, Miss Gilman. Is there any chance we could enlarge the box on the left? My apologies. Okay, please proceed.
MS. BURGESS: Sure. So this is a comparison of the calls. So the infotainment call timestamps are on the furthest left column. So again, your infotainment system when you plug your phone in is recording and synchronizing your calls. It's not great about recording and synchronizing every call. So there's a lot of calls here that we don't have that we know exist based on Mr. O'Keefe's iPhone. So the calls that we do have that were recorded in the infotainment system, we can compare to the timestamps that those are recorded on Mr. O'Keefe's iPhone. So when we do that, there's a couple things we notice: during that 1:00 and 4:00 to 4:45 time frame, when we look back at the power on and off events, we know the vehicle was not powered on at that time. So the vehicle's off.
MS. BURGESS: So those timestamps are not coming from the vehicle. They're coming from Mrs. Read's iPhone — or the defendant's iPhone. And then the times after 5:21, we know the vehicle has been powered up at that point. So those timestamps are coming from the infotainment system itself. So that's why we can actually do a comparison of those timestamps and determine the approximate clock variance.
MR. BRENNAN: When you look at the call timestamps of 1:14:13, 4:38:16, 4:42:06, and 4:45:12 — was the power on or off with the car during those four first calls?
MS. BURGESS: Yeah. So with those first five calls, the car was powered off. And again, we see that — we know that based on the power on and off event. We also know that just by looking at the offset — it's a consistent one or two seconds. And that's what we typically expect and see between two iPhones, because iPhones are generally pinging back to Apple servers or GPS towers that are the same. So those times are pretty consistent and pretty accurate.
MR. BRENNAN: Was the power on by 5:04:28?
MS. BURGESS: No, not at 5:04:28 — still powered off.
MR. BRENNAN: So those first five events — were they reliable for you to use in synchronization?
MS. BURGESS: No, they were not.
MR. BRENNAN: You gave us a number of reasons: the time distance between the event, and because they were phone to phone. Any other reasons why they weren't?
JUDGE CANNONE: I'll strike the first. Answer the question.
MR. BRENNAN: Besides the reasons you already gave us, are there any other reasons why this would not be a reliable way to synchronize two separate devices?
MS. BURGESS: Not besides the points I've made already.
MR. BRENNAN: Okay. And if we could zoom back on this — the box on the right, is that from your report? Is that Mr. Dogra?
MS. BURGESS: That's Mr. Dogra.
MR. BRENNAN: And was there anything about that analysis that concerned you?
MS. BURGESS: Sure. So that analysis is misleading because again, it's not comparing Mr. O'Keefe's iPhone to the infotainment system. It's actually comparing the defendant's iPhone to Mr. O'Keefe's iPhone.
MR. BRENNAN: Is there any acknowledgment anywhere in Mr. Dogra's report that he appreciated that this was iPhone to iPhone rather than iPhone to infotainment?
MS. BURGESS: No, there's not.
MR. BRENNAN: Did you ever receive any report from Mr. DiSogra that would alert that he appreciated that this was iPhone to iPhone and not iPhone to infotainment?
MR. ALESSI: Objection.
MR. BRENNAN: If we could go to the next slide, please. Is this a similar or different slide?
MS. BURGESS: Sure. So this is a different slide.
MR. BRENNAN: If we can zoom in on the left box, please. Where does that box come from?
MS. BURGESS: Sure. So again, that's coming from the same page of my report, highlighting the 5:30 phone call. And this is comparing the iPhone from Mr. O'Keefe with the infotainment clock.
MR. BRENNAN: At that point, is the power on of the Lexus?
MS. BURGESS: Yes. So at this point the power is on. So this is a comparison of the infotainment clock with the iPhone clock at that time.
MR. BRENNAN: Could you zoom out? That final box that shows the comparison between the defendant's Lexus and Mr. O'Keefe's iPhone — do you have any concerns about the accuracy of that information for that time?
MS. BURGESS: No. So I think those times are accurate, but again, that's at 5:00 in the morning when we're trying to adjust the clock variance. And if we zoom back in to the box, we can actually see in the data what I'm talking about as far as clock variance will change within time. So the phone call at 5:21 we see an offset of around 8 seconds between the two devices, between the infotainment system and the iPhone. And then at 5:30, which is only 9 minutes later, we can see that that offset has actually increased — between 16 and 21.
MR. BRENNAN: In capturing this data, were there phone calls between the infotainment system and Mr. O'Keefe's phone?
MS. BURGESS: Yes, those last two phone calls were between the infotainment system — or were recorded by the infotainment system — with Mr. O'Keefe's iPhone.
MR. BRENNAN: How does that happen?
MS. BURGESS: Sure. So when the device is connected up to the vehicle and you make a phone call, the call is recorded within the infotainment system and it's recorded with the infotainment system's timestamp.
MR. BRENNAN: Could you focus on the right-hand box, please? Did you review the right-hand box?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Was that from your report or is that Mr. Dogra's opinion?
MS. BURGESS: That's Mr. Dogra's.
MR. BRENNAN: Did you have any agreement with that?
MS. BURGESS: Yes. So I do agree with that calculation, but again that's — that's 5:00 in the morning versus when we're really interested in around 12:30.
MR. BRENNAN: Can we have the next slide, please? Could we enlarge this? Do you know where this photograph came from?
MS. BURGESS: Yes. So this screenshot came from Dr. Welcher's presentation.
MR. BRENNAN: When's the first time you saw this screen?
MS. BURGESS: When I saw this presentation in Mr. Dogra's report.
MR. BRENNAN: Correct.
MS. BURGESS: Yes.
MR. BRENNAN: Had you seen this before that?
MS. BURGESS: I had not seen this before that.
MR. BRENNAN: If we could focus in a little more, especially the bottom left-hand. When you reviewed this, did you feel any need to do further testing?
MS. BURGESS: Yes, I did.
MR. BRENNAN: Why?
MS. BURGESS: So what we're looking at — if we zoom back out — what that is is the 12:23:38 is the approximate time that the text stream event occurred. Now what we want to do is we want to be able to compare that to the three-point turn from Mr. O'Keefe's iPhone. What you'll notice though is right here, we've got a circled GPS point. So if we can zoom in there. This circle here is actually circled GPS point 155, which is after this point, but we'll kind of ignore that. GPS 154 — and it's hard to see — the time is 12:23:58. When we look at that, what we see is that actually that GPS position is recorded before the three-point turn even starts.
MR. BRENNAN: You mentioned 154 begins recording before the three-point turn starts.
MS. BURGESS: Correct.
MR. BRENNAN: Is the end time of the three-point turn a time before or after that 12:23:58?
MS. BURGESS: Sure. So the end of the three-point turn logically would be after this point.
MR. BRENNAN: At the time you saw this slide, had you broken down 154?
MS. BURGESS: No, not at the time that I saw this slide.
MR. BRENNAN: Could you zoom back out a little bit, please? The information in the right box — is that from you or from Mr. DiSogra?
MS. BURGESS: That is not from me.
MR. BRENNAN: And when you read that, did that compel you to want to do anything?
MS. BURGESS: Yes it did. So again, my initial thought was to address this during testimony. With further review and further thought, I decided it was best to offer a supplemental report. What this is — basically the math I agree with. The point I don't agree with is that GPS 154 is the time towards the end of the three-point turn. And now reviewing further data, we know that's not true.
MR. BRENNAN: The 12:23:58 event on the phone — is that related to the first event, the three-point turn, or the second event, the backing maneuver?
MS. BURGESS: So that's going to be related to the first event, the three-point turn.
MR. BRENNAN: Was there any other data that was closer in time to the backing event that you had access to?
MS. BURGESS: No, not that we had access to.
MR. BRENNAN: We turn to the next slide, please. You've seen this part of the report before?
MS. BURGESS: Yes, I have.
MR. BRENNAN: Okay. Having seen the earlier part of the report, does it help you explain and understand this diagram?
MS. BURGESS: Yes, it does.
MR. BRENNAN: Is this your diagram or Mr. DiSogra's?
MS. BURGESS: This is Mr. Dogra's.
MR. BRENNAN: Do you agree with this diagram?
MS. BURGESS: No, I do not.
MR. BRENNAN: Okay. Could you explain to us — from your perspective, from your experience — what this chart is trying to suggest?
MS. BURGESS: Sure. So this chart is trying to suggest that the lock event always occurs after the end of the text stream event. And again, that's using inaccurate adjustments to make that conclusion.
MR. BRENNAN: I want you to use the pointer and I want you to take us line by line why you believe that this isn't accurate in trying to conclude the time of those locking adjustments.
MS. BURGESS: Sure. So it's kind of hard to tell. So what we've got is we've actually got two different sections. We've got the top section which is one, two, three, four, six events. So that's going to be the GPS event — and those — let's see — no, that's going to be this. It's hard to say. That's going to be the phone calls and the GPS event that are calculated in this, and it's also done with the 3-second delay as well adjusted. But what we see is — so this obviously plus one is one of the phone calls that was from the defendant's iPhone time, so not from the infotainment system. So that's an inaccurate comparison. Same thing for the plus two. The plus one, the plus two. Again, the plus 8, the plus 16, and the plus 20 are going to be those last two calls.
MS. BURGESS: If you'll notice, the very last call, we can't really tell which phone call is the correct one to compare. So we're using both within that same time frame. And that's why we get the 16 or the 21-second variance. But again, that's five o'clock in the morning. So that's not appropriate for the time that we're interested in. And then the 22-second variance is coming from that inaccurate GPS position comparison.
MR. BRENNAN: Could we enlarge that a little bit, Miss Gilman? On the 20-21, is that plus or minus 21?
MS. BURGESS: So that is minus 21.
MR. BRENNAN: The 20 and 21 — is that based on different information than the 1, 2, and 8?
MS. BURGESS: Yes, it is.
MR. BRENNAN: And explain again for us, where's the different source of the information?
MS. BURGESS: Sure. So the minus 20 is coming from GPS 154, which we know is not the end of the three-point turn. It's right before the three-point turn begins. And the minus 21 is coming from the last phone call. That happens around 5:20 — I believe — or 5:30. And again, that's you know 5 hours after the time of interest.
MR. BRENNAN: The minus 20 and minus 21 — is that suggesting that time should be taken off or put onto Mr. O'Keefe's phone for synchronization?
MS. BURGESS: Sure. So that's suggesting that time should be — I'd have to go back to the other slides. I believe — either way, it's suggesting that the iPhone lock event occurs plus 6 or plus 5 seconds after the end of the text stream event, besides not accommodating for the timing of that timestamp at the beginning of the three-point turn.
MR. BRENNAN: Is there anything else about this that concerns you?
MS. BURGESS: No, just that overall these numbers can be misleading, again, because they're based on inaccurate adjustments, and could lead the jury — again — to believe that the lock event always happens after the end of the text stream event.
MR. BRENNAN: Could we go to the last page of Mr. Dogra's report? Is this a conclusion offered by Mr. Dogra?
MS. BURGESS: Yes, it is.
MR. BRENNAN: Did you agree with that?
MS. BURGESS: No, I did not.
MR. BRENNAN: Why not?
MS. BURGESS: So again, based on those inaccurate adjustments, this slide is again kind of misleading in the fact that it states there's always interaction with Mr. O'Keefe's phone after the end of the text stream event.
MR. BRENNAN: You can take that down and turn that off please for a moment. After reviewing this report, you told us you then engaged in further study for synchronization.
MS. BURGESS: Yes, I did.
MR. BRENNAN: Did you call me on May 7th?
MS. BURGESS: Yes.
MR. BRENNAN: Okay. And what were you told to do about a report?
MS. BURGESS: On May 7th? Sure. So I was — finish the report and submit it.
MR. BRENNAN: Did you?
MS. BURGESS: I did.
MR. BRENNAN: And when did you submit it?
MS. BURGESS: May 8th.
MR. BRENNAN: And do you know that it was provided to the defense by email on May 8th? Do you know if it was provided to the defense?
MS. BURGESS: Yes, I know it was provided. I don't know when.
MR. BRENNAN: Now, if we could have Mr. Burgess's PowerPoint. We can go back to page 38, please.
JUDGE CANNONE: After you explain to us — let's go. I thought it would be lunch — thank you. All right. Please don't follow me. Put us back in session. You may be seated. All right, Mr. Brennan, whenever you're ready.
MR. BRENNAN: Thank you. Sir, when I asked you about your first report regarding the protocol, you told us October 10th, followed by your supplement on the 17th. You did not remember the day that you first received any information offered by Mr. Dogra. Is there a document that may refresh your memory?
MS. BURGESS: Yes, there is.
MR. BRENNAN: May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Thank you. Don't want you to read this. I just want you to look at it. You can look at any part of it. Okay? And look up when you're done. Then I'll ask you a question.
MS. BURGESS: Okay.
MR. BRENNAN: Does that refresh your memory? The first time that you saw any information provided by Mr. Dogra?
MS. BURGESS: Yes, it does.
MR. BRENNAN: And when was that?
MS. BURGESS: November 7th of 2024.
MR. BRENNAN: Before or after you recognized the [unintelligible]?
MS. BURGESS: That would be after.
MR. BRENNAN: I want to go back to where we were before we went to lunch. You had described two Techstream events. I want to focus on the first Techstream event, and that is the Techstream event relative to the three-point turn. You had described that there was a timestamp 154. Just to reacquaint us, can you very briefly tell us the significance of 154?
MS. BURGESS: Sure. So GPS point 154 is a GPS point that occurs just before the three-point turn starts.
MR. BRENNAN: And why is it important to identify when that turn starts and when it ends?
MS. BURGESS: Sure. So what we're specifically looking at comparing is the end of the three-point turn. That's going to be the Techstream event ending, which is near the end of the three-point turn, as well as the end of the three-point turn as recorded in Mr. O'Keefe's [unintelligible].
MR. BRENNAN: Was it important to identify the beginning and end of that event to come to a conclusion to a reasonable degree of scientific certainty regarding the variance between the Techstream data and Mr. O'Keefe's phone?
MS. BURGESS: Yes, there was. So we can't — we can pinpoint approximately when the three-point turn ends based on the GPS data, but best practice would just be to use a range of time. So the range we're using is the time that the three-point turn starts to the time that the three-point turn ends.
MR. BRENNAN: Could we have from Mr. Burgess's PowerPoint number 41, please? Is this part of your presentation helpful in explaining the beginning and end point of that three-point turn?
MS. BURGESS: It does.
MR. BRENNAN: So if you look at — and if you recall yesterday — the heading change, the first heading change from a general north heading, is depicted by that green shading circle. Could you use your pointer please?
MS. BURGESS: Sure. Yes.
MR. BRENNAN: Miss Gilman, can you enlarge just a little bit?
MS. BURGESS: So again, this green circle is going to be the — the center of this circle is going to be the GPS point itself. That's going to be centered on a horizontal radius, which is the accuracy. So the green circle represents the 16-foot accuracy zone. The black arrow coming off in a northwestern direction is going to be the heading for that point. And then again the yellow is going to be approximately — you know, 8 seconds later — when the heading changes again in a southerly direction. And then the GPS points after that also continue south with increasing speed.
MR. BRENNAN: What part of the three-point turn event does the green circle signify?
MS. BURGESS: Sure. So that's going to be the approximate beginning of the three-point turn. And that time is going to be 12:23:59.
MR. BRENNAN: The yellow circle — what part of the three-point turn does that indicate?
MS. BURGESS: Sure. So that's going to be approximately the end of the three-point turn. And that time is going to be 12:24:07.
MR. BRENNAN: Is there any correlation between the time difference between the green and yellow circle and the range you ultimately arrive at as far as the synchronization variance?
MS. BURGESS: Yes. So that is what determines that range of 21 to 29 seconds.
MR. BRENNAN: This illustration or diagram where you've put the green circle — is that based on actual data?
MS. BURGESS: Yes, that is based on actual data recorded by Mr. O'Keefe's iPhone.
MR. BRENNAN: That data — is it accurately reflected in this diagram?
MS. BURGESS: Yes, it is. So again, the GPS point that is recorded within the iPhone — every point has a horizontal accuracy. And again, that horizontal accuracy is depicted by the green circle.
MR. BRENNAN: Is that level of precision used when you create this diagram?
MS. BURGESS: Yes, it is.
MR. BRENNAN: The yellow circle — is that specifically reflected in the data or is that an estimate?
MS. BURGESS: Sure. So that's specifically reflected in the data. So that is another GPS position that has been recorded by the iPhone — again with a horizontal accuracy, a timestamp, and a speed and heading.
MR. BRENNAN: How about the orange circles?
MS. BURGESS: So the orange circles are portions of the GPS positions leading up to this event. So if we went back one slide, you would see — it would zoom out obviously, so a little bit harder to see — but essentially what I've done is I've removed the other orange circles representing GPS points heading north and the GPS points heading south after the three-point turn. And I've just removed those for clarity, to kind of clean up the map so it's easier to read.
MR. BRENNAN: On the left, Techstream 11621. Remind us again where that information comes from.
MS. BURGESS: Sure. So that's the Techstream — that's the end of the Techstream event for the three-point turn. And that is based on the infotainment clock as well as that running timer from the airbag control module.
MR. BRENNAN: Does this diagram reflect the data that you reviewed to a reasonable degree of scientific certainty?
MS. BURGESS: Yes, it does.
MR. BRENNAN: In breaking down this timestamp 154 and getting into the minute detail of when it started and ended, one of your charts — does it also show it numerically?
MS. BURGESS: Yes, it does.
MR. BRENNAN: Can we have number 40, please? Before we discuss this again, where did you get the information to put in this chart?
MS. BURGESS: Sure. So this is coming from Mr. O'Keefe's iPhone. Specifically, it's coming from a SQLite database that is recording locations as he's using the Waze app to navigate.
MR. BRENNAN: Is the information in this chart or diagram directly from the data?
MS. BURGESS: It is directly from the data.
MR. BRENNAN: Is this accurate to a reasonable degree of scientific certainty?
MS. BURGESS: Yes, it is.
MR. BRENNAN: If we could zoom in just a little — we'll have to go left to right. Miss Gilman, we start with the left. Timestamp 154. At what point in that three-point turn does 154 represent on the left?
MS. BURGESS: Yeah. So timestamp 12:23:58, or GPS point 154, is approximately 1 second before we see the heading change. If we could zoom out just a little bit. A little bit more. Yep. So we see the heading change represented in green. That's a heading change to 284. Before that we've got a pretty consistent heading of 348 to 339. So that first heading change as well as the drop in speeds is indicative of a three-point turn maneuver.
MR. BRENNAN: The latitude and longitude — did that assist you in making the diagram with the circles on it?
MS. BURGESS: Yes, it did.
MR. BRENNAN: How so?
MS. BURGESS: So the latitude and longitude are the center points for each GPS point — or the center point for each circle.
MR. BRENNAN: There's a green highlighted row and an orange highlighted row. What's the difference between the two?
MS. BURGESS: Sure. So the green highlighted row is again the approximate beginning of the three-point turn, and the orange — or the yellow — is the approximate end of the three-point turn.
MR. BRENNAN: In the time between the green and the orange lines — approximately 8 seconds — is that consistent with the range that you've shown for synchronization?
MS. BURGESS: Yes, it is. Plus 21 and plus 29.
MR. BRENNAN: Yes, it is. The inevitable variance that you found between the Techstream data and Mr. O'Keefe's cell phone — could you share with us to a reasonable degree of scientific certainty what that variance is?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Do you have an opinion about the time range in the synchronization between Mr. O'Keefe's cell phone data and the Lexus clock that shows the Techstream data, to a reasonable degree of scientific certainty?
MR. ALESSI: Objection, your honor, and appreciate an approach at the appropriate time.
JUDGE CANNONE: Okay. So, answer that question. Yes or no?
MS. BURGESS: Sure. So, yes, I can. [unintelligible — possible sidebar]
MR. BRENNAN: We go back to slide 40, please. In reaching your conclusion about the variance between the defendant's Lexus as contained in the Techstream, as it relates to Mr. O'Keefe's iPhone — was timestamp 154 part of your analysis?
MS. BURGESS: Yes, it was part of my analysis.
MR. BRENNAN: Was the running clock on the Techstream data part of your analysis?
MS. BURGESS: Yes, it was part of my analysis.
MR. BRENNAN: What else was part of your analysis?
MS. BURGESS: Sure. So in addition to the location data including GPS 154, that would be the running clock for the Techstream data as well as the infotainment clock from the Lexus.
MR. BRENNAN: How does the running clock correlate with the Techstream data and with the time on Mr. O'Keefe's iPhone?
MS. BURGESS: Sure. So they correlate — the running clock and the infotainment clock are used to create that timestamp for the Techstream events one and two. And then comparing those to the iPhone, we can adjust and get a clock variance for those.
MR. BRENNAN: Did you come to a conclusion to a reasonable degree of scientific certainty about the variance range between the defendant's Lexus and its clock system and Mr. O'Keefe's phone?
MS. BURGESS: Yes, I did.
MR. BRENNAN: And to a reasonable degree of scientific certainty, what is that variance that is needed to identify for synchronization?
MS. BURGESS: That is 21 to 29 seconds.
MR. BRENNAN: We now have number 43. Did you create this diagram?
MS. BURGESS: Yes, I did.
MR. BRENNAN: When comparing the Techstream event — the backing maneuver — to Mr. O'Keefe's clock on his phone, do you recognize the different timestamps on each device?
MS. BURGESS: Yes, I do.
MR. BRENNAN: When you are trying to synchronize them, What do you do? What is the base? Do you start with the Techstream event and add, or do you start with Mr. O'Keefe's phone and subtract?
MS. BURGESS: Sure. So we could do it either way. Because we're wanting to compare this against other events that occurred on Mr. O'Keefe's phone, we're going to adjust the Techstream clock, or the Lexus clock, to Mr. O'Keefe's clock. But you could do it either way.
MR. BRENNAN: The window that is depicted on this diagram — this is not the three-point turn.
MS. BURGESS: No, this is not the three-point turn.
MR. BRENNAN: Which event is this?
MS. BURGESS: This is going to be the backing maneuver.
MR. BRENNAN: The green — what does that green depict?
MS. BURGESS: Sure. So the green depicts the range of time that this Techstream event ended. So based on our range of 21 to 29 seconds, and applying — adding that to the Lexus clock — we get an adjusted time of 12:32:04 to 12:32:12, and that's going to be the approximate end time of Techstream event 11622. Now, again, the Techstream data has a limit on the amount of time available. Can you rephrase your question?
MR. BRENNAN: Sure. You said a window is captured during a triggering event.
MS. BURGESS: Sure. Yes. So there is a window that's captured during the triggering event.
MR. BRENNAN: And what is that window? How much time?
MS. BURGESS: Sure. So from the Techstream trigger, there's 5 seconds before and 5 seconds after.
MR. BRENNAN: Can an event be longer than that 10-second window?
MS. BURGESS: Yes, it can.
MR. BRENNAN: And in this case, do you know, at the end of this reconciled event at 12:32:12, do you know from your study what direction the defendant's car was traveling at 12:32:12?
MS. BURGESS: It would have been traveling in reverse.
MR. BRENNAN: And at 12:32:12, do you know how fast the defendant's Lexus was traveling at 12:32:12?
MS. BURGESS: I do not recall.
MR. BRENNAN: Mr. O'Keefe's last user interaction with his phone at 12:32:09 — where does that fall within the 10-second window that was captured by the Techstream data?
MS. BURGESS: Sure. So that falls within that 8-second window. So again, the Techstream event ends somewhere between 12:32:04 and 12:32:12. But that does not represent that the backing maneuver has ended — just the recorded data has ended.
MR. BRENNAN: And in your review, do you have around this time any other movement of Mr. O'Keefe's phone after 12:32:16?
MS. BURGESS: I did not look at that specifically. It was my understanding that Mr. Whiffin looked at that.
MR. BRENNAN: To a reasonable degree of scientific certainty, did both these events — the last user interaction and the window captured on the reconciled data for the Techstream — happen around the same time?
MS. BURGESS: Yes, they did.
MR. BRENNAN: I have no further questions. I can approach later or now. Your honor, I move into evidence the following pages from Mr. Burgess's PowerPoint presentation. Moving into evidence page 41. I move into evidence page 40. And I move into evidence page 43.
JUDGE CANNONE: Okay. Thank you.
MR. BRENNAN: I have no further questions.
JUDGE CANNONE: Once we get these marked 192A, B, and C. All right. Whenever you're ready, Mr. Alessi.