There’s so much to this case so I’m going to try to break it down so that people will understand why this trial was so unfair and why so many of us are trying to inform others about what occurred during the investigation and trial.
I’ll start with the Google search because it was the only evidence that held any weight in this trial and we now know that the guilty verdict was based on this “evidence”. There are so many problems with this evidence that it shouldn’t have been allowed in the courtroom to begin with.
The prosecution alleged that Google Map search files were found on Brad’s Cisco laptop (IBM Thinkpad). The files indicate that the zip code was entered, followed by a bee-line to the Fielding Drive area (where the body was found) and then several consecutive zoom-ins in that exact location. The search lasted a total of 42 seconds. This included time for each map to load. The final map image lasted 2 seconds, then the browser was closed. The alleged search took place on July 11th ’08, one day before Nancy disappeared while jogging.
Several months before the trial, Judge Gessner denied the defense attorney’s request for the FBI procedures and MFT (Master File Table) from the computer. The prosecutors claimed that it could jeopardize national security and the judge went along with it. Judge denies request for FBI procedures. Why did they hide behind “national security”? The police could have gone to the SBI to have the forensic exams performed on the computer. Or they could have gone to a digital forensic specialist, but they specifically chose the FBI to perform the exam because they knew they could hide behind national security. Does this case set a precedent? I’m not aware of any other cases that exist where discovery rules can be ignored based on national security concerns.
I will write more about the trial proceedings regarding the Google search, specifics about how the computer was handled by the police, and evidence of tampering and spoliation that was found by two defense expert witnesses in the next few days.
Here is a video highlighting the discovery violations regarding the access of the FBI files and procedures. (This is part 1 of 2)