Ian Whiffin - Redirect/Recross
621 linesJUDGE CANNONE: Okay, Mr. Brennan?
MR. JACKSON: Thank you. Thank you.
MR. BRENNAN: Good afternoon.
MR. WHIFFIN: Good afternoon.
MR. BRENNAN: As a forensic analyst, do you study data?
MR. WHIFFIN: I do.
MR. BRENNAN: Do you consider it a science?
MR. WHIFFIN: I do.
MR. BRENNAN: Are you a criminal investigator like a police officer in your present role?
MR. WHIFFIN: Not anymore.
MR. BRENNAN: Are you a detective in your present role helping aid one side or another in an investigation?
MR. WHIFFIN: I'm not. No.
MR. BRENNAN: At some point you and I spoke about reviewing phones.
MR. WHIFFIN: We did.
MR. BRENNAN: You had begun your whole process in some of this work before you had met me.
MR. WHIFFIN: Correct.
MR. BRENNAN: And I'd asked you to look at Mr. O'Keefe's phone.
MR. WHIFFIN: Correct.
MR. BRENNAN: Did I ever tell you what you should look for?
MR. WHIFFIN: No.
MR. BRENNAN: Did I ever tell you what I wanted to see or what I wanted the results to be?
MR. WHIFFIN: No.
MR. BRENNAN: Did I ever share with you parts of the investigation that had nothing to do with your actual data analysis?
MR. WHIFFIN: No.
MR. BRENNAN: Would it be inappropriate or not helpful for an advocate to provide you information that might taint or influence your thinking when you're looking at data in a case?
MR. WHIFFIN: I'm going to say 100% it would be problematic.
MR. BRENNAN: When I asked you to look at data in this case, did I ever express any opinion whatsoever that I cared one way or another what your results would find?
MR. WHIFFIN: No.
MR. BRENNAN: Did I ever attempt to shape or influence your process by offering you information that had nothing to do with your assessment of data?
MR. WHIFFIN: No.
MR. BRENNAN: And so as a scientist, what a legal investigator or an advocate for either side thinks — is that relevant to you?
MR. WHIFFIN: No. The data is the data.
MR. BRENNAN: The data is the data.
MR. WHIFFIN: I can explain my opinions on the data.
MR. BRENNAN: The science is a science.
MR. WHIFFIN: The science is a science.
JUDGE CANNONE: That's sustained. Watch the form.
MR. BRENNAN: Now, counsel showed you some parts of your report regarding John O'Keefe's cell phone, didn't he?
MR. WHIFFIN: Yes.
MR. BRENNAN: You saw select pages from that report.
MR. WHIFFIN: Correct.
MR. BRENNAN: A few pages you were asked about.
MR. WHIFFIN: Yes.
MR. BRENNAN: But you wrote an entire report, didn't you?
MR. WHIFFIN: I did.
MR. BRENNAN: And do you think that your entire report puts into perspective some of those select pages that you were shown?
MR. WHIFFIN: Definitely. Yes.
MR. BRENNAN: I move to introduce Mr. Whiffin's entire report.
JUDGE CANNONE: Approach.
MR. BRENNAN: Do you still have your report with you, Mr. Whiffin?
MR. WHIFFIN: I do. Yes.
JUDGE CANNONE: Okay.
MR. BRENNAN: Let's start with questions that counsel asked you about the battery. When you were trying to determine how the battery worked, you shared with the jury that you did certain testing.
MR. WHIFFIN: Correct.
MR. BRENNAN: What was the purpose of that testing?
MR. WHIFFIN: To make sure that the battery temperature sensor would be affected by environmental temperatures — such as being in the freezer, such as being outside, being brought back indoors — and to make sure that the fall and rise of the temperature sensor, at least the pattern, would match the expected pattern and would match the thermometer that was alongside it.
MR. BRENNAN: When you put the batteries or the phone in the freezer, did it matter what the temperature of the freezer was when you put it in?
MR. WHIFFIN: I didn't believe it did.
MR. BRENNAN: What was the purpose again of putting it in the freezer?
MR. WHIFFIN: Just to remove the device from a warm environment — which was outside of the freezer — placing it inside the cold environment of the freezer, and just seeing how the temperature dropped.
MR. BRENNAN: As you mentioned, you look at data through science.
MR. WHIFFIN: Correct.
MR. BRENNAN: And so did anybody ever share with you the important points of the decrease in temperature of the cell phone battery to try to influence your results?
JUDGE CANNONE: Your honor — I'm going to — I'm sorry. Could you rephrase?
MR. BRENNAN: Anybody try to tell you important points of the evening on January 29th, 2022, in an attempt to influence your studies on the fact that a battery — or a phone — when it gets colder, the battery temperature decreases?
MR. WHIFFIN: No.
MR. BRENNAN: So when you developed the graph of the battery temperature and you followed the progress of that temperature declining through the night, was there any other scope or focus of yours other than to simply track the data?
MR. WHIFFIN: Just tracking the data.
MR. BRENNAN: Similarly, when you looked at Health data, were you asked to try to see if the Health data could fit a certain theory or argument?
MR. WHIFFIN: No, I was not.
MR. BRENNAN: You were looking at the Health data — were you looking at it independently?
MR. WHIFFIN: I was.
MR. BRENNAN: Now, it's not your opinion, and you're not taking a position on what the meaning of that data matching up is, are you?
MR. WHIFFIN: No.
MR. BRENNAN: No one's asked you to give an opinion about the coordination of data, have they?
MR. WHIFFIN: No.
MR. BRENNAN: So if the data just coordinates on its own, that has nothing to do with your opinion?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained.
MR. BRENNAN: You mentioned when you put a cell phone in a colder environment like a freezer, you noted that the temperature goes down.
MR. WHIFFIN: Correct.
MR. BRENNAN: Do your studies also show that when the cell phone is taken out of a certain temperature and put in an increased temperature, the cell phone battery temperature goes up?
MR. WHIFFIN: It does.
MR. BRENNAN: Okay. Do you have available for the screen the battery graph that we had on your PowerPoint?
MR. WHIFFIN: I do — two seconds.
MR. BRENNAN: If you could go back one to where it's just the chart, please. And if you could enlarge it, we'll start near the top.
MR. WHIFFIN: Two seconds.
MR. BRENNAN: Okay. At 20:43 on January 28, 2022, the battery temperature is 77°.
MR. WHIFFIN: I'm sorry — that's 8:43 p.m.
MR. BRENNAN: 8:43 p.m.?
MR. WHIFFIN: Yes. The first record.
MR. BRENNAN: 77°?
MR. WHIFFIN: Yes.
MR. BRENNAN: And if we look down to the last box on January 28, 2022.
MR. WHIFFIN: Yes.
MR. BRENNAN: So at 23:28 — that's 11:28 p.m.?
JUDGE CANNONE: Approach, please. Okay. I'm going to ask Mr. Whiffin — I'm going to ask you to start at 12:13 on January 29th, 2022. Battery temperature 82°.
MR. WHIFFIN: Yes.
MR. BRENNAN: Okay. And now you were also tracking Health data, weren't you?
MR. WHIFFIN: Correct.
MR. BRENNAN: You were also tracking location information.
MR. WHIFFIN: Correct.
MR. BRENNAN: At 12:22, the battery temperature is 77°F.
MR. WHIFFIN: Correct.
MR. BRENNAN: And during that time — 12:22 — that is the time with the location data where we see Mr. O'Keefe's car traveling near Cedarcrest — isn't it?
JUDGE CANNONE: Your honor, the form — sustained.
MR. BRENNAN: And at 12:22 on January 29th, 2022 — where does the location data show Mr. O'Keefe's phone in progress?
MR. WHIFFIN: It's around Oakdale Road, I believe.
MR. BRENNAN: And the travel that you're noting — is that consistent, given the speed, with being within a car?
MR. WHIFFIN: I believe so.
MR. BRENNAN: And do you know whether or not that car had heat on?
MR. WHIFFIN: I've got no idea.
MR. BRENNAN: You have Health data that the phone moves for a 20-second period, right?
MR. WHIFFIN: I believe so. Yes.
MR. BRENNAN: That is after the Waze information stops — correction — so you have to watch the form. I know it's hard to orient. In your PowerPoint presentation, you are tracking the Waze information, aren't you?
MR. WHIFFIN: I am. Yes.
MR. BRENNAN: And at some point that switches to more local location data.
MR. WHIFFIN: Again, Waze is not recording the location data. Waze is requesting location data from Apple location services, and location services is doing the recording of the location data.
MR. BRENNAN: So if we're following the phone through Waze at 12:24:25 — is it in a car moving at 16.6 mph?
MR. WHIFFIN: According to the data, yes.
MR. BRENNAN: At 12:24:26, according to the data, is it still in a car moving at 17 miles per hour?
MR. JACKSON: Sustained as to form.
MR. BRENNAN: Mr. Whiffin, can you pull up your PowerPoint and we'll start at 12:24:25? We could show the jury the progress of that phone.
MR. BRENNAN: Okay. And at 12:24:25, how fast is Mr. O'Keefe's cell phone moving?
MR. WHIFFIN: The data on the device says that he was moving at around 16.6 mph.
MR. BRENNAN: Next page. 12:24:26.
MR. WHIFFIN: 17 mph.
MR. BRENNAN: Next page. 12:24:27.
MR. WHIFFIN: 15.9 mph.
MR. BRENNAN: Next page. 12:24:28.
MR. WHIFFIN: 14.5 mph.
MR. BRENNAN: 12:24:29.
MR. WHIFFIN: 12.1 mph.
MR. BRENNAN: 12:24:30.
MR. WHIFFIN: 11.5 mph.
MR. BRENNAN: 12:24:31.
MR. WHIFFIN: 10.4 mph.
MR. BRENNAN: 12:24:32.
MR. WHIFFIN: 8.9 mph.
MR. BRENNAN: 12:24:33.
MR. WHIFFIN: 7 mph.
MR. BRENNAN: 12:24:34.
MR. WHIFFIN: 5.2 mph.
MR. BRENNAN: 12:24:35.
MR. WHIFFIN: 3.5 mph.
MR. BRENNAN: 12:24:36.
MR. WHIFFIN: 3.2 mph.
MR. BRENNAN: 12:24:37.
MR. WHIFFIN: 1.4 mph.
MR. BRENNAN: And 12:24:38.
MR. WHIFFIN: 0 mph, or 0 m/s.
MR. BRENNAN: And at 12:24:38, that phone is stopped near the flagpole.
MR. WHIFFIN: I would say so. Yes.
MR. BRENNAN: Then the location data gets more broad.
MR. WHIFFIN: It does.
MR. BRENNAN: There is no movement at that time after the car stops. Is there any movement when the car stops at 12:24:38 — between 12:24:38 and
PARENTHETICAL: [unclear]
MR. BRENNAN: ? Is there any movement indicated on the health data?
MR. WHIFFIN: Not from the health data. No.
MR. BRENNAN: At 12:31:57, does the phone demonstrate any movement?
MR. WHIFFIN: If I may just look back at my report to recall. What time was that? Sorry.
MR. BRENNAN: 12:31:57.
MR. WHIFFIN: Yes. Around 12:31:56 or 57 is the start of the health event. 36 steps.
MR. BRENNAN: How many seconds does that phone move for?
MR. WHIFFIN: 20 seconds. 12:31:56 to 12:32:16.
MR. BRENNAN: Correct. Okay. And that — is that the only time that the phone moves from the point it stops at the flagpole until the next morning?
MR. WHIFFIN: Correct. The only time.
MR. BRENNAN: 12:31:56 to 12:32:16.
MR. WHIFFIN: Yes.
MR. BRENNAN: And when that phone moves, you can't tell if it's walking a straight line or in a circle.
MR. WHIFFIN: Correct.
MR. BRENNAN: You don't know if the phone is pacing back and forth.
JUDGE CANNONE: Sustained as to form.
MR. BRENNAN: Can you tell how far a phone moves from its origin — from its original point — when you're counting steps?
MR. WHIFFIN: No. iOS creates the calculation — number of steps times the person's gait — and provides 25.4 meters at 12:32:16, when that phone stops moving.
MR. BRENNAN: John O'Keefe's phone stops moving. Do you know the next time it moves again?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'm going to allow it.
MR. WHIFFIN: It's approximately 6:15.
MR. BRENNAN: Now, less than 5 minutes later — 12:37 — that battery in that cell phone gets another temperature reading, doesn't it?
MR. WHIFFIN: It does.
MR. BRENNAN: Does it go up?
MR. WHIFFIN: It goes down.
MR. BRENNAN: And it goes down to what degrees?
MR. WHIFFIN: 72°.
MR. BRENNAN: And over the next 8 minutes, does that temperature even or go up?
MR. WHIFFIN: At 12:43, there was another reading of 66°F.
MR. BRENNAN: And then at 12:53 — that's about 21 minutes or so after that phone stops moving — what's the temperature? I'm sorry, at 12:53?
MR. WHIFFIN: Yes. 61°F.
MR. BRENNAN: 61°. Yes. And over the next 14 minutes, does it drop again?
MR. WHIFFIN: It does. It drops to 55° at 1:07.
MR. BRENNAN: And at 1:36 a.m. that morning, it's down to 50°. And this health data shows that that phone hasn't moved. Does this health data show that this phone hasn't moved since 12:32:16?
MR. WHIFFIN: No more steps were recorded.
MR. BRENNAN: Now, you had studies where you put the phone in a freezer, correct?
MR. WHIFFIN: Correct.
MR. BRENNAN: When you put the phone in the freezer, did you wrap it in anything?
MR. WHIFFIN: I did not.
MR. BRENNAN: Did you use any type of heat source that would slow down the process of the temperature dropping?
MR. WHIFFIN: No.
MR. BRENNAN: Let me ask a hypothetical. If a person — a human — was lying prone on a cell phone outside and had a body temperature directly touching the phone, in your opinion could that slow the process of the temperature decreasing as compared to just simply putting a phone in a freezer?
MR. ALESSI: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: When you put the phone in the freezer, did you wrap it in any warmth?
MR. WHIFFIN: No.
MR. BRENNAN: Any clothing?
MR. WHIFFIN: Nothing at all.
MR. BRENNAN: Now, you don't know the temperature, but you said there was a blizzard outside.
MR. WHIFFIN: That's my understanding. Yes.
MR. BRENNAN: At 6:06 a.m., is there a change in the battery temperature of John O'Keefe's phone?
MR. WHIFFIN: Yes. The temperature dropped to 43° F.
MR. BRENNAN: So there's a 7° drop in temperature at 6:06.
MR. WHIFFIN: Correct.
MR. BRENNAN: Were you shared any of the facts or information that has nothing to do with data and science? Were you shared any facts or information about what may have occurred to that cell phone and its exposure to colder air that morning, minutes prior to 6:06 a.m.?
MR. WHIFFIN: I may have heard that around that time is when John was found.
MR. ALESSI: Your honor, strike.
JUDGE CANNONE: So, could you answer the question yes or no that Mr. Brennan asked you?
MR. BRENNAN: Did anybody share information with you about that, sir?
MR. WHIFFIN: Nobody shared it with me. No.
MR. BRENNAN: If the phone was in an environment and it was exposed to further colder air or a drop in temperature, could it register a reading?
MR. WHIFFIN: I'm sorry, could you ask that again?
MR. BRENNAN: Sure. Let me ask a different question. The phone drops to 43°. John's phone at 6:06 — is there another change with this phone dropping in temperature?
MR. WHIFFIN: Yes, it drops to 37° Fahrenheit.
MR. BRENNAN: Do you know what, if anything, happened as far as the environment that phone was exposed to seconds before 6:14?
MR. WHIFFIN: I don't know.
MR. BRENNAN: Do you know if that phone at 6:15 was then placed in a warmer environment like a pocket or a car?
MR. WHIFFIN: I have no idea.
MR. BRENNAN: But your data shows at 6:35 there's an increase in temperature. Correct. Doesn't it?
MR. WHIFFIN: It does.
MR. BRENNAN: So at 6:14 you don't know if there was any increased exposure, do you?
MR. WHIFFIN: No. I know that according to the battery temperature it increased, but I don't know the reason for that.
MR. BRENNAN: Now, if you look at the battery temperature at 6:06 a.m., it's 43°.
MR. WHIFFIN: Yes.
MR. BRENNAN: That's a change in temperature, isn't it? Your honor — is that a change in temperature from 1:36?
MR. WHIFFIN: It is.
MR. BRENNAN: Looking at your health data, is there something happening relative to the phone at 6:04 to 6:11?
MR. WHIFFIN: There is — 432 steps were recorded at that time.
MR. BRENNAN: Can a phone record steps if it's being moved back and forth?
MR. WHIFFIN: It may record some. It's difficult to say how many would be misunderstood as being steps taken.
MR. BRENNAN: If you're shaking an object that moves the phone violently, could it record steps?
MR. WHIFFIN: Again, potentially it could record some, but it's not a consistent enough pattern of movement for it to be recorded as lots of steps.
MR. BRENNAN: Now, at 6:14, the temperature is 37° and you just offered us that by 6:35 — over the next 21 minutes — the temperature goes up by 6°. Correct?
MR. WHIFFIN: Correct.
MR. BRENNAN: You don't know what was happening with that phone at 6:15, do you?
MR. WHIFFIN: I don't —
JUDGE CANNONE: I'll allow it.
MR. WHIFFIN: I don't know. No.
JUDGE CANNONE: Next question.
MR. BRENNAN: But what you do know is this health data at 6:15:14. Correct?
MR. WHIFFIN: Correct.
MR. BRENNAN: And that demonstrates what?
MR. WHIFFIN: At 6:15 it was the start of 180 steps.
MR. BRENNAN: So the phone at 6:15 is again moving.
MR. WHIFFIN: Correct.
MR. BRENNAN: And after that it starts moving — wherever the phone may go, it starts getting warmer in temperature. Correct?
MR. WHIFFIN: Correct.
MR. BRENNAN: Now you shared with us location data and you explained the difference between Waze and other types of location data. I had asked you an opinion about where the phone was located based just on location data, nothing else. And when I asked you that opinion, I didn't ask you to a reasonable degree of scientific certainty, did I?
MR. WHIFFIN: I don't recall.
MR. BRENNAN: I asked you if it was consistent —
MR. ALESSI: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Based on location data alone, are you offering an opinion to a reasonable degree of scientific certainty where that phone was?
MR. WHIFFIN: It's difficult to say with a reasonable degree of certainty based on the randomness of the location data.
JUDGE CANNONE: I'm going to ask you to keep your voice up, Mr. Whiffin. Could we turn the AC off, please? Thank you.
MR. WHIFFIN: No, it's difficult to give an answer to a high degree of scientific certainty based on the sporadic nature of the records that night.
MR. BRENNAN: Based on the data you have — just on location data alone — is that location data consistent with that phone being in the flagpole area from midnight until 6:15 the next morning?
MR. WHIFFIN: It is. Yes.
MR. BRENNAN: Is it also — given the broadness — consistent with it having been somewhere else?
MR. WHIFFIN: Correct.
MR. BRENNAN: Yet it is consistent.
MR. WHIFFIN: It is.
MR. BRENNAN: You didn't just rely on location data for your opinion, though.
MR. WHIFFIN: I did not.
MR. ALESSI: Your honor, watch the form, Mr. Brennan.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Did you rely just on location data for your opinion?
MR. WHIFFIN: No, I did not.
MR. BRENNAN: Did you also consider the health data?
MR. WHIFFIN: I did.
MR. BRENNAN: And did you also consider the battery temperature?
MR. ALESSI: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: In addition to location data, what are the other things you considered in your opinion to a reasonable degree of scientific certainty that that phone was at the flagpole the entire night from 12:30 until 6:00 the next morning?
MR. ALESSI: Objection.
JUDGE CANNONE: I'm going to allow that.
MR. WHIFFIN: It was based on the location data that recorded high accuracy, based on the health data that showed when the device moved and how far, based on the battery temperature information, and based on the [unintelligible] information.
MR. BRENNAN: Let me ask you some more questions about the health data. You were shown pieces of information on examination. You told us that the health data — well, the phone — was it your opinion the phone was in the car until it stopped at the flagpole?
MR. ALESSI: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: At 12:31:56 and 12:32:16, does the data show — at what time? Sorry — 12:31:56 to 12:32:16. And the question is: does that demonstrate movement of the phone at that time?
MR. WHIFFIN: Yes.
MR. BRENNAN: You shared that you can't tell the direction or the distance of steps —
MR. WHIFFIN: If — I'm sorry.
MR. BRENNAN: No, no, please. Pardon me. If that phone moved from the flagpole in a straight line away from the flagpole — like, for example, towards the house — wouldn't it have to move again before 6:04 to get back to the flagpole?
MR. ALESSI: Objection.
JUDGE CANNONE: I'll allow it.
MR. WHIFFIN: I would presume so.
JUDGE CANNONE: All right. You're asking me to strike that, Mr. defense? I'm going to strike that.
MR. BRENNAN: Does health data register when a phone moves?
MR. WHIFFIN: It does.
MR. BRENNAN: I'll ask you some more detailed questions about your research into a phone that's been attributed to Jennifer McCabe. You looked at one piece of your report on the screen — and that was a phone call register.
MR. WHIFFIN: Yes.
MR. BRENNAN: Could you turn to that phone call register, please?
JUDGE CANNONE: What are we doing with the slide that's up there, Mr. Brennan?
MR. BRENNAN: I would like to change it to the phone call register if possible.
JUDGE CANNONE: Oh, it's not me. I believe it's exhibit 42.
MR. BRENNAN: Do you have the report that you could put on the screen regarding —
MR. WHIFFIN: Oh, I don't have the register. I don't have this one that was shared as exhibit 42.
COURT CLERK: This is now marked as exhibit 42.
MR. BRENNAN: In the phone call register, you noted that there was a call at 12:14:36.
MR. WHIFFIN: Yes.
MR. BRENNAN: Have you found it? Is that you?
MR. WHIFFIN: This is not me.
JUDGE CANNONE: No, I think it's Miss Gilman.
MR. BRENNAN: Thank you, Miss Gilman. Could you enlarge that, please?
JUDGE CANNONE: Which portion of it?
MR. BRENNAN: The top part, the first four or five calls. Thank you. And we need it larger, Miss Gilman, please. All right, that's better. Thank you. On examination, you read that at 12:14:36, there was a phone call incoming.
MR. WHIFFIN: Yes.
MR. BRENNAN: That appeared to be from Jennifer McCabe.
MR. WHIFFIN: Correct.
MR. BRENNAN: At 12:14:36, the location information — is John O'Keefe's cell phone at Fairview Road by that point?
MR. ALESSI: Objection.
JUDGE CANNONE: Is the question — is it?
MR. BRENNAN: Yes. Is it?
MR. WHIFFIN: No.
MR. BRENNAN: Okay. And then at 12:18:47, there's another call — and again from Jennifer McCabe?
MR. WHIFFIN: That's an outgoing call to Jennifer McCabe.
MR. BRENNAN: It's an outgoing call to Jennifer McCabe. Yes. 12:18:47. The location information — does that place Mr. O'Keefe's cell phone at Fairview Road?
MR. WHIFFIN: No, it does not.
MR. BRENNAN: Then at 12:29:44, there's an 8-second call that you said you believe is answered. Do you know if there was any conversation in that call?
MR. WHIFFIN: No way to know if there's any conversation.
MR. BRENNAN: And at 12:29:44, does the location information place John O'Keefe's cell phone somewhere?
MR. WHIFFIN: It does. At Fairview Road, at the flagpole.
MR. ALESSI: Your honor, strike.
JUDGE CANNONE: Sustained. Thank you.
MR. BRENNAN: Now, there is not a call — well, let me ask you the next call. What time is the next call?
MR. WHIFFIN: 33 minutes and 35 seconds after midnight.
MR. BRENNAN: And who's that call from?
MR. WHIFFIN: From Karen Read.
MR. BRENNAN: Is that before or after John O'Keefe's health data stops?
MR. WHIFFIN: After.
MR. BRENNAN: At 12:37, you offered us that the cell phone battery temperature is decreasing.
MR. WHIFFIN: Yes.
MR. BRENNAN: How many calls have been made from the defendant to John O'Keefe by the time that cell phone battery starts dropping in temperature?
MR. WHIFFIN: Seven.
MR. BRENNAN: I want to turn now to some questions about your analysis of Miss McCabe's phone. You were asked about hash values, a way of trying to confirm the integrity of the data on an extraction.
MR. WHIFFIN: Yes.
MR. BRENNAN: When forensic analysts look at phones, do you sometimes get to actually see the phone?
MR. WHIFFIN: Yes.
MR. BRENNAN: Do you sometimes have to use an extraction, a copy of the phone?
MR. WHIFFIN: Yes.
MR. BRENNAN: Is it important to try to look and research or search the item to determine whether or not there's been any tampering?
MR. WHIFFIN: Yes.
MR. BRENNAN: You were asked if hash values is one way to do that.
MR. WHIFFIN: I was.
MR. BRENNAN: And you were shown or read part of your report about hash values.
MR. WHIFFIN: Yes.
MR. BRENNAN: There's a second part to that, isn't there?
PARENTHETICAL: [Objection, your]
MR. WHIFFIN: There is.
MR. BRENNAN: You didn't get a chance to share the second part, did you?
JUDGE CANNONE: Sustained.
MR. BRENNAN: In this case, there was a hash value, wasn't there?
MR. WHIFFIN: There was.
MR. BRENNAN: Now, just so we can understand simply, how is a hash value created during the extraction process? What does that mean in very simple terms?
MR. WHIFFIN: At the end of the extraction, an algorithm is run on every piece of — every byte of data within the extraction and it comes out with a value at the end. The idea is that if any of that data ever changes, be it through user interaction or through corruption of data in how it was stored, then that value will change at the end.
MR. BRENNAN: You mentioned GrayKey. Is that a software or hardware that makes the copy of the phone?
MR. WHIFFIN: It's a piece of hardware and includes software.
MR. BRENNAN: How commonly is GrayKey used in the industry?
MR. WHIFFIN: It's very common.
MR. BRENNAN: Did I hear you say that with GrayKey, the hash value is never authenticated?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained as to form.
MR. BRENNAN: Does GrayKey authenticate the hash value?
MR. WHIFFIN: The hash value is placed inside a PDF which is not signed.
MR. BRENNAN: And is that common or typical in the industry?
MR. WHIFFIN: That is the way that GrayKey does it.
MR. BRENNAN: Was there anything anomalous or untoward or different about the way this one was done?
MR. WHIFFIN: No.
MR. BRENNAN: Did the hash value from the GrayKey extraction match the hash value?
MR. WHIFFIN: It did.
MR. BRENNAN: Anything irregular whatsoever about it?
MR. WHIFFIN: No. Not that I can see.
MR. BRENNAN: Now, you don't just read software programs when they spit out reports, do you?
MR. WHIFFIN: No.
MR. BRENNAN: As an analyst, as one of the leaders of Cellebrite, do you have a history of being a researcher?
MR. WHIFFIN: Yes, I do.
MR. BRENNAN: A history of study?
MR. WHIFFIN: Yes.
MR. BRENNAN: Have you written reports and papers for people to learn?
MR. WHIFFIN: I've written multiple blogs, done multiple presentations, webinars. Some of my blog posts have become peer-reviewed articles.
MR. BRENNAN: Okay. Is it sufficient to simply look at a report that is generated by Cellebrite or Magnet AXIOM or any other service and make conclusions just on the report?
MR. WHIFFIN: I don't believe it is.
MR. BRENNAN: No. Why do you think that's imprudent? Sorry. Why do you think it is not prudent to simply rely on a report?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'm going to allow him to answer.
MR. WHIFFIN: The tools are very good at surfacing data, but I believe it's up to the examiner to understand what that data means and to provide context to the information which the tool itself can't give.
MR. BRENNAN: And when you were considering the hash value and determining whether or not you thought there was anything wrong with the data — aside from the hash value, how do you make a determination whether or not this data has integrity, the data hasn't been tampered with, so to speak?
MR. WHIFFIN: So notwithstanding the hash value, I'd be looking for issues with the data that don't make sense. In this particular case, there were lots of data points that all appeared to work together — like you would see one artifact change in one database and an artifact would change somewhere else. And it all just made perfect sense in how it was functioning. That kind of leads you to believe that it's not been tampered with, or the person tampering with it did an exceptional job to be able to cover all of these different tracks and make it undetectable.
MR. BRENNAN: Did you try to summarize that perspective in the part of the report that wasn't read to you on examination?
MR. WHIFFIN: I did.
MR. BRENNAN: Do you have an opinion to a reasonable degree of scientific certainty if there were any data integrity issues in the information you reviewed?
MR. WHIFFIN: I don't believe there was any.
MR. BRENNAN: It was characterized on examination — there was a dispute about the time origin of the search "how's long to die in cold." Do you remember being asked the question about a dispute?
MR. WHIFFIN: Yes.
MR. BRENNAN: In your studies and in your position, is there any viable dispute in the forensic data scientific community about that issue?
MR. WHIFFIN: I don't believe there is anymore.
MR. BRENNAN: Now, you got involved in this case because you received a complaint from a consumer.
MR. WHIFFIN: I received a question from a consumer.
MR. BRENNAN: Yes. Did you attempt to resolve that?
MR. WHIFFIN: Correct.
MR. BRENNAN: Other than that source, have you received any information, feedback, or opinions that would make this issue in any way a dispute?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: I'll allow that.
MR. BRENNAN: I'm sorry, can you rephrase — other than that one person, that one consumer, have you received any information in the forensic community — which you're part of — any data, any information that would suggest that your conclusions are in dispute?
MR. WHIFFIN: I received a very similar question from an examiner in Europe. Fairly similar circumstances with a case, with a timestamp that didn't make sense that was originating from the same database. I applied the same logic and theory to his question, and he confirmed it. It solved the issue for him. It all made sense then.
MR. BRENNAN: And since then, in your world — academic and research world, forensic data science — other than the person who originally raised the question, has there been any dispute brought to you by anybody about your conclusions about when the search actually happened?
MR. WHIFFIN: No. If anything, I've heard people who have confirmed the research that I did.
MR. BRENNAN: Do you know Jessica Hyde?
MR. WHIFFIN: I do.
MR. BRENNAN: Is she well known in the forensic community?
MR. WHIFFIN: She is.
MR. BRENNAN: You were asked questions about your law enforcement background and the fact that Cellebrite is used as a forensic tool, often times by law enforcement.
MR. WHIFFIN: Yes.
MR. BRENNAN: Did you go into your company's software and change it to accommodate law enforcement?
MR. WHIFFIN: No, definitely not.
MR. BRENNAN: Would you ever do such a thing?
MR. WHIFFIN: No.
MR. BRENNAN: Why wouldn't you do something like that?
MR. WHIFFIN: Aside from being unethical to change the data in that way, this is an artifact that is easily validated by any examiner and if I was to tamper with it for the purposes of changing the outcome of a case, it would be detected by all of our customers immediately and would destroy the reputation of Cellebrite, which I've got no intention of doing.
MR. BRENNAN: In a prior proceeding, the printout from the software when it was showing the timestamp of the Safari search — was it labeled something in particular? Before the Cellebrite search was labeled "last visited time"?
MR. WHIFFIN: Last visited time.
MR. BRENNAN: And when it was labeled "last visited time," did it show 2:27 on the report?
MR. WHIFFIN: It did.
MR. BRENNAN: Cellebrite, after research and consideration, removed that label.
MR. WHIFFIN: We removed the timestamp when we determined that it was not relevant to the last time that that page was visited.
MR. BRENNAN: Why was it important to remove that timestamp from the program in the software?
MR. WHIFFIN: It was clearly causing confusion.
MR. BRENNAN: Does a company have concerns when consumers are confused about information?
MR. WHIFFIN: Of course. Yes.
MR. BRENNAN: Do companies have concerns if a consumer tries to manipulate the use of that information?
MR. WHIFFIN: Of course.
MR. BRENNAN: Are companies concerned that a label could be misleading for somebody who may not have a higher level of experience?
MR. WHIFFIN: Yes.
MR. BRENNAN: When that decision was made to change that for clarification, did you make that solely by yourself?
MR. WHIFFIN: No, I did not.
MR. BRENNAN: Who do you consult with and who's part of that decision process?
MR. WHIFFIN: After my research, I passed the results of my research to the forensic research group. This is a team based at Cellebrite whose sole job is to do the research, do the coding to make sure that what we're giving to customers is correct. They spent some time validating the research that I did, verifying that my research was correct, and then they were responsible for making the change based on the updated research.
MR. BRENNAN: It was suggested that a separate software program — not the company you work for, Cellebrite — but Magnet AXIOM reflects this search as deleted. That's not entirely accurate, is it?
MR. ALESSI: Objection.
JUDGE CANNONE: Sustained as to form.
MR. BRENNAN: Would Magnet AXIOM reflect this search as deleted?
MR. WHIFFIN: Yes, and it is a deleted search.
MR. BRENNAN: Does it have a label on it?
MR. WHIFFIN: It does.
MR. BRENNAN: Is that "carved"?
MR. WHIFFIN: Yes, it would be.
MR. BRENNAN: Now, are you familiar with the Magnet AXIOM artifact reference guide when it talks about the dangers of relying on the timestamp?
MR. WHIFFIN: I'm not familiar with it referencing "dangers," but I'm aware of the document.
MR. BRENNAN: Are you aware of the reference guide when it talks about Safari suspended tab state tabs?
MR. WHIFFIN: Yes.
MR. BRENNAN: And offers that since these are local tab states, results from this artifact may contain an earlier date and time compared to the results in the Safari history artifact if iCloud Safari synchronization —
MR. ALESSI: Objection.
JUDGE CANNONE: Sustained.
MR. BRENNAN: Are you aware of the reference guide?
MR. WHIFFIN: I am.
MR. BRENNAN: Are you aware that it cautions that a timestamp can be misinterpreted?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Sustained. This is a new/empty run directory. Here is the corrected output for this chunk:
MR. BRENNAN: Sir, when you came to your opinion that the search for "how long to die in the cold" at 6:23 and 6:24 in the morning of January 29th, 2022, was the time that it was actually inputted — not 2:27 — in informing your opinion, did you consider both Cellebrite and Axiom software?
MR. WHIFFIN: I did.
MR. BRENNAN: Did you consider other tools as well?
MR. WHIFFIN: Yes, my own.
MR. BRENNAN: And tell us a little bit about your own tool.
MR. WHIFFIN: Again, this is a tool I've been writing for approximately five or six years now. Partially for fun, partially for research purposes. And it's a tool I make available to other examiners globally.
MR. BRENNAN: And sir, when you were trying to examine these searches that in your opinion were 6:23 and 6:24 a.m., did you ever try to test it yourself and actually take a phone so you could either prove or disprove to yourself that that earlier timestamp didn't mean it was the time that it was searched?
MR. WHIFFIN: Oh, definitely. That's the kind of thing I do all the time when verifying artifacts.
MR. BRENNAN: And in your opinion, is that helpful in understanding how a timestamp earlier could relate to a later search?
MR. WHIFFIN: Exactly. Very helpful.
MR. BRENNAN: Would you be willing to do a live demonstration for us on the screen and show us how that works?
MR. WHIFFIN: Yes.
MR. BRENNAN: Okay. How long would that take?
MR. WHIFFIN: Probably about 5 minutes.
MR. BRENNAN: Okay. Could you show us?
MR. WHIFFIN: Of course.
JUDGE CANNONE: Seems like a good place to take our lunch recess. 45 minutes. Mr. Whiffin, I'm going to ask you not to discuss your testimony. The rest of us, please rise for the jury.
COURT OFFICER: Please be seated. Court is in session.
JUDGE CANNONE: All right, Mr. Brennan, go right ahead.
MR. BRENNAN: Thank you. Thank you. Mr. Whiffin, I'd like to ask you a couple of general questions.
MR. WHIFFIN: Yes.
MR. BRENNAN: You mentioned with reference to location data that the scope of identifying a location of a phone can change depending on what information the phone is receiving. I'm sorry. You showed us a number of graphs and exhibits that show different circles. Some might be smaller, some might be larger than others.
MR. WHIFFIN: Yes.
MR. BRENNAN: And you share with us that location information is being received from a number of different sources.
MR. WHIFFIN: Yes.
MR. BRENNAN: Can you remind us again what can affect that location data as far as receiving some high accuracy, mid and low level? What could affect the receipt of that information?
MR. WHIFFIN: So primarily the requesting application defines how accurate it needs the data. iOS location services then determines the best technology to use in order to work out that location. And it can use GPS information for the most accurate. It can use Wi-Fi, cell sighting. So it understands the Wi-Fi networks that it can detect close by and it knows where those networks are and from that it can derive where it itself is. Similar idea with both Bluetooth beacons and with cell tower technology. It understands where the cell towers are. It understands where the Bluetooth beacons are and if it can see those particular cell towers or beacons, it knows roughly where itself must be.
MR. BRENNAN: You share with us there are some factors that can affect that location data.
MR. WHIFFIN: Yes.
MR. BRENNAN: In addition to being in a building like a house or a business, that's one way it can be affected.
MR. WHIFFIN: It is.
MR. BRENNAN: And there are other ways as well, isn't there?
MR. WHIFFIN: There are.
MR. BRENNAN: And could you share again the other ways that location information could change?
MR. WHIFFIN: Yeah, the weather can play an effect on it. The geography of the area, whether it's in a rural or urban environment. Other kinds of interference. If there are other items close by that are emitting electrical interference, it could affect the location data as well.
MR. BRENNAN: How about a body being on the phone? Could that affect location data?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: Ask it differently.
MR. BRENNAN: If a human being was covering the phone so it wasn't exposed to the air, could that affect the location data?
MR. ALESSI: Objection, your honor.
MR. WHIFFIN: I'm going to believe it could.
MR. BRENNAN: Yes, you were shown exhibit 40. It was one select piece of the report. It was a graph. With the court's permission, I'd like to show exhibit 40.
MR. WHIFFIN: Yes.
MR. BRENNAN: Exhibit 40 has two circles. One darker, one white.
MR. WHIFFIN: Yes.
MR. BRENNAN: And do you remember being asked questions about this particular exhibit?
MR. WHIFFIN: I do.
MR. BRENNAN: And in addition to this exhibit, is there other information in your report that wasn't shown to you that would put this in context?
MR. WHIFFIN: There is. This exhibit is to demonstrate a window of when location data was taken for a particular time.
MR. ALESSI: Objection. Your honor, watch the form of the question.
JUDGE CANNONE: Mr. Brennan, this photograph — what does it represent?
MR. WHIFFIN: There were two particular time periods of approximately 5 seconds where multiple records showed identical latitude and longitude. So the same center point of the radius, but the radius themselves differed. So in this case the white circle, or the white circles, show the lowest accuracy and the highest accuracy for five records that were all within a 5-second time period and that shared the same latitude and longitude as the central point.
MR. BRENNAN: Looking at this snapshot of 5 seconds, is this still consistent with your opinion that to a reasonable degree of scientific certainty, you opine that the cell phone was in the flagpole area the entire evening of January 29th, 2022?
MR. ALESSI: Objection.
JUDGE CANNONE: You're right. I'm going to allow it.
MR. WHIFFIN: Yes. It still aligns with my opinion.
MR. BRENNAN: When you provide a report with all the different graphs and explanations, do you expect it's going to be shared with the defense attorneys?
MR. WHIFFIN: Of course.
MR. BRENNAN: And you understand in this case, everything is shared.
MR. WHIFFIN: Of course.
MR. BRENNAN: And when you shared your report with this piece of information, did you include a summary chart that wasn't shown to you on examination?
MR. WHIFFIN: I believe I did. Yes.
MR. BRENNAN: Okay. May I approach?
JUDGE CANNONE: Yes.
MR. BRENNAN: Showing you your report. Do you recognize your report?
MR. WHIFFIN: I do.
MR. BRENNAN: And what page are you on?
MR. WHIFFIN: Page 22.
MR. BRENNAN: Do you recognize anything in particular as far as a chart on that page?
MR. WHIFFIN: I do. There's a chart at the top with the location data that was used to create the image shown.
MR. BRENNAN: Does that chart help explain this photograph?
MR. WHIFFIN: It does.
MR. BRENNAN: I'd move that chart into evidence. Any objection, Mr. Alessi?
MR. ALESSI: No objection, your honor.
JUDGE CANNONE: Yeah.
MR. BRENNAN: Thank you. With the court's permission, I'd like Miss Gilman to show us the chart.
JUDGE CANNONE: Yes.
MR. BRENNAN: How long of a time period does that photograph encompass?
MR. WHIFFIN: The photograph has got two time periods of 5 seconds each which are approximately 40 minutes apart.
MR. BRENNAN: Okay. And what does this show us? Can you explain the chart that goes along with that photograph that was shown to you?
MR. WHIFFIN: So this chart — or I should say the map — shows five of the records from this particular chart. But we can see that all of these records have a consecutive timestamp 1 second apart. The latitude and longitude is identical for all of these records but at the same time the accuracy drops from 43 m to 7 m within that same 8-second time period. The idea was to demonstrate that if you had one of these records on its own, if you only had the 43 meter accurate record, for example, then the phone could be anywhere within that 43 m radius. But as time goes on, the accuracy is refined. The same central point is used by iOS, but we've now got an accuracy of 7 m.
MR. WHIFFIN: And again if we were to say that the phone is anywhere within that seven meters it's a much more accurate representation according to the data than the 43 m would be. And with an 8-second time period if the device was actually moving during that time I wouldn't expect to see the latitude and longitude remain exactly the same. There'd be some degree of movement in the coordinates. When you're producing location information in the circles that represent the location, change small, medium, large at different times.
MR. BRENNAN: Does this chalk help represent that there can be changes in the location data but the item can remain dormant?
JUDGE CANNONE: Ask that differently, Mr. Brennan.
MR. BRENNAN: What is the exact point of the demonstration or this chalk? How does that help us understand the movement or the lack of movement of a cell phone?
MR. WHIFFIN: So it demonstrates the fact that the phone is constantly refining the location data or the accuracy of the location data even though it's using the same central point — the latitude and longitude — as the reference point. It doesn't necessarily mean the device had to move.
MR. BRENNAN: If I could go back to exhibit 40, please. So, looking at your photograph that you were asked about, there are two different circles, one dark and one light.
MR. WHIFFIN: Yes.
MR. BRENNAN: And those circles are in different spots.
MR. WHIFFIN: Yes.
MR. BRENNAN: Based on the chalk or the chart you just showed us, are both of those different color circles consistent with a phone being in the same spot and not moving?
MR. WHIFFIN: The previous chart that was shown only accounts for the white circles on this map and it only shows the highest and the lowest accuracy. 20 minutes later, there was another similar scenario where there were multiple records with the same central GPS coordinates but with different accuracy levels and that's what was used for the black circles. Importantly, in my opinion, they all overlap. So, it's possible that the device is somewhere in between those two circles for the duration of the time.
MR. BRENNAN: Now, finally, I want to turn back to the phone that was attributed to Jennifer McCabe, and you had shared with us your opinions about the time in which the searches at 6:23 and 6:24 were made.
MR. WHIFFIN: Correct.
MR. BRENNAN: And I asked if you could just show us live right now how it works that a person can open a tab and there's a timestamp, a time when it's open, and then make a later search but still retain the original timestamp.
MR. WHIFFIN: Yes.
MR. BRENNAN: Is that something you can do for us?
MR. WHIFFIN: It is. Yeah.
MR. BRENNAN: Okay. With the court's permission, I'd ask Mr. Whiffin to give us a live demonstration of this. Do you want the light off, Mr. Whiffin?
MR. WHIFFIN: The light off would be better.
MR. BRENNAN: Thank you. Okay. Thank you, Dave. Okay.
MR. WHIFFIN: First of all, I will highlight on the left side of the screen here, this is actually a live representation of what I have on a phone that's in front of me. So, as I move this around, you can actually see on the screen that the screen refreshes. I'll also point out the iOS version here is 15.2.1 which matches that from Jennifer McCabe's phone. On the right side of the screen is the tool which I spoke about earlier, the one that I've been writing for several years. I make it available for free for any examiner who wants to download it and research primarily iOS devices. Here you can see I've got a live connection to the device. So every file and folder that is on the device I can see within this directory view as you would normally see on a regular computer.
MR. WHIFFIN: the right side of the screen is the tool which I spoke about earlier, the one that I've been writing for several years. I make it available for free for any examiner who wants to download it and research primarily iOS devices. Here you can see I've got a live connection to the device. So every file and folder that is on the device I can see within this directory view as you would normally see on a regular computer. And we can see the browser state.db database. If I open that database up, you can see there are four tables, one of which is called tabs.
JUDGE CANNONE: Mr. Whiffin, I hate to interrupt you. Can we make this larger? I know jurors earlier were hoping — I can try to have a larger view of what's up there. Is that going to impact your demonstration in any way?
MR. WHIFFIN: It shouldn't. I should be able to work around it.
JUDGE CANNONE: Thank you. Is that better for the jurors? Yes. Get this just a little closer. We can hear you in the back.
MR. WHIFFIN: Let me pull forward.
JUDGE CANNONE: Thank you. Turn the air conditioning on.
MR. WHIFFIN: So at this moment in time, the tabs table has two records. I'm just going to ask you to ignore those for now. They're from a previous demonstration. I can't delete those without taking longer to do this demonstration. If I go back onto the phone itself, just takes a second to refresh. And open up Safari. And I can open up a new tab. What I will just do now is search for the time that we're on now. So 1410 and hit go. So right now that page is loaded. And I can go back into the database and just hit reload. That will bring the most recent version of the database from the device back onto my computer and show it back in this window in exactly the same way as I was viewing it a second ago. And you can see right now there's still only two records.
MR. WHIFFIN: So the fact that I did a new tab and a new search has had no effect on what I can see. This is different to on previous versions of iOS where you would already now see a new record with the 1410 search which I'd made. I'm then going to do another search. Hopefully it's going to catch up with me. It's now 1411. So I'll do a search for 1411. Okay, we can see the page has loaded and I can go back over to this tool and reload the database. We still don't have a new record that shows that a search has been conducted. I'll just take the time to do another little search and just do 1411X. Reload the page again. Still nothing's appeared. I can even close down Safari, just minimize it into the background, and then bring it back into the foreground by just pressing the Safari icon.
MR. WHIFFIN: I can hit reload again. We still don't have a new record. And I can do a further search for now 1412. 1412 has loaded and I can reload the page. Still no records present. I can now go into Safari and just close the tab. So now that tab has closed — and I can just prove that. So that tab is now closed — and I can go back over here and reload, and you'll see a new record has appeared. I'm just going to change the time zone just so that this shows accurately and tell my tool to treat the timestamps as Eastern time. So we look at this particular record, you can see the title is 1412. That's the last item that I searched for. You can see the URL is the Google.ca/arch1412. Again, that is the content that I searched for. And then we see this field here — the "last viewed" timestamp.
MR. WHIFFIN: And the time here still says 1410 because that's the time that I first loaded the tab. The fact that I navigated — the fact that I minimized and reopened Safari — bears no relevance to this timestamp. It is purely the timestamp that that tab was created or brought back into focus.
MR. BRENNAN: To an untrained eye, can that development of a timestamp become confusing?
MR. WHIFFIN: Yes. The "last viewed time" clearly has implications that would make you believe that it was the time that the page was last viewed. It's a very simple test, just demonstrated, to prove that that's not the case.
MR. BRENNAN: Is there any other reason that Cellebrite removed that process of timestamp other than to clarify that issue?
MR. ALESSI: Objection, your honor.
JUDGE CANNONE: No, I'll allow it.
MR. WHIFFIN: Purely because we determined it was unreliable to use as a time that the page was last viewed.
MR. BRENNAN: If an examiner simply made a report from Magnet AXIOM or Cellebrite or another software but didn't have the time or skill to actually go into the data, could they be easily confused by this?
MR. WHIFFIN: Yes. The way that Cellebrite provided this information showed as "last viewed timestamp." The way that Magnet AXIOM provides this data is called "last interaction time." So there is some leeway there to — to misunderstand it less from Magnet AXIOM, because it's talking about tab interaction rather than a web page that was last viewed.
MR. BRENNAN: Thank you. I have no further questions.
JUDGE CANNONE: All right. Thank you. The lights on, please. Mr. Alessi.
MR. ALESSI: Briefly, your honor, if I may.
JUDGE CANNONE: Thank you. Do you want Mr. Woll to take this down?
MR. ALESSI: Yes, please, your honor. Good afternoon and hello again, Mr. Whiffin.
MR. WHIFFIN: Good afternoon.
MR. ALESSI: Magnet AXIOM still shows a 2:27 a.m. timestamp on its forensic tool. Correct?
MR. WHIFFIN: Correct.
MR. ALESSI: And Magnet Forensics is a reliable forensic tool company.
MR. WHIFFIN: Correct. As reliable as they come. Yes.
MR. ALESSI: The demonstration that you just performed — when did you create it?
MR. WHIFFIN: The — sorry — the demonstration? What you just — like, literally just now, as I was doing it live.
MR. ALESSI: So you created the demonstration now, live on the stand. That particular demonstration. Yes?
MR. WHIFFIN: Yeah.
MR. ALESSI: So that demonstration therefore was created after Cellebrite removed the 2:27:40 a.m. timestamp from all of its tool programs. Correct?
MR. WHIFFIN: Correct. No. Incorrect. I mean, that demonstration I just provided was right now — it was live. Initially, when I did these tests, I did the same kind of experiment, the same type of testing, back in late 2023, I believe. And after I did those tests and used that research, that is when Cellebrite —
MR. ALESSI: My question wasn't clear. Let me see if I could rephrase it. The demonstration that you just gave — when did you prepare the demonstration? Not — just the demonstration that you just showed on the screen. When did you create that demonstration on your computer?
MR. WHIFFIN: Again, I've been doing this demonstration for two years. I —
MR. ALESSI: My question again is: the demonstration you just gave —
MR. WHIFFIN: Yes.
MR. ALESSI: When was the last time you altered that demonstration?
MR. WHIFFIN: Other than to use different search terms, it's the same demonstration.
MR. ALESSI: I'll try it differently.
MR. WHIFFIN: Yes, please.
MR. ALESSI: When was the last time you altered in any way the demonstration you just gave?
MR. WHIFFIN: Right now.
MR. ALESSI: So you altered it right now. And that alteration was made after Cellebrite had removed the 2:27 a.m. timestamp from its programs. Correct?
MR. WHIFFIN: Yes.
MR. ALESSI: Okay. Thank you. No further questions, your honor.
JUDGE CANNONE: Mr. Whiffin, you are all set. Thank you very much.
MR. WHIFFIN: Thank you.
MR. BRENNAN: May we be seen while Mr. Whiffin is collecting his items?
JUDGE CANNONE: Feel free to — [unintelligible] — for identification. Thank you very much.