Cellular Phone Records As Forensic Evidence

fg_000002084795Cellular phone expert witness Joseph Kennedy testified in the theft and wire fraud trial of former Suffolk County, NY, Sheriff’s Lieutenant Ed Walsh. In the Central Islip federal court case, prosecutors allege that Walsh essentially stole more than $200K in salary for hours he was not at work at the county jail.  The prosecution argues that cell phone records show that on numerous work days Walsh was away from work and actually golfing, gambling, and campaigning.

Cellular tower records are increasingly being used as a forensic tool to locate the position of a defendant. Cellular phone experts are called upon to do triangulation to determine the location of the phone at a specific time. Joseph Kennedy, senior manager at Cherry Biometrics, told the jury in the Walsh case that cell phones don’t necessarily connect with the closet cellular tower because in addition to distance, connectivity also depends on signal interference.

This case illustrates that the analysis and presentation of scientific evidence regarding cellular phone records requires an expert witness experienced and vetted in the advanced technology used in mobile, cellular, and wireless phones.

About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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