Call Detail Records, or CDR, contain details of the whereabouts of a cellular phone at a given date and time. This offers investigators the ability to determine a cellphone's generalized location during an incident and, just as importantly, its movement during a given timeframe. These cellular phone records, also referred to as Call Detail Records CDRcan provide generalized location information as to the whereabouts of a cellular phone at a given place and time. We can compile vast quantities of data into our mapping suite, to visually represent a cellphone's location and movement over time.
Defendant, James Allums, by and through his attorneys, Vanessa M. Ramos and Kristen R. Angelos, submits this Memorandum in Support of Motion to Exclude the Testimony of William Shute, and requests that this Court exclude from trial the purported scientific evidence to be offered by Agent Shute.
Rule of the Federal Rules of Evidence allows expert testimony as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if 1 the testimony is based upon sufficient facts or data, 2 the testimony is the product of reliable principles and methods, and 3 the witness has applied the principles and methods reliably to the facts of the case.
The Supreme Court has interpreted this to mean that only expert testimony that is both reliable and relevant is admissible.
Merrell Dow Pharmaceuticals, Inc. The district court has broad An analysis of cellphones in united states in making these determinations. The party offering the experttestimony bears the burden of establishing, by a preponderance of the evidence, the qualification, reliability, and helpfulness of the testimony.
Allums does not challenge the relevancy of Mr. Accordingly, the proffering party must 2 show that the method employed by the expert in reaching his conclusion is scientifically sound and that the opinion is based on facts.
Even where a proffered expert is clearly an expert and is supremely qualified, it does not necessarily follow that his reasoning and methodology are also qualified and reliable.
Rather, it excluded the testimony because, despite those qualifications, it. An opinion from an expert who is not a scientist should receive the same degree of scrutiny for reliability as an opinion from an expert who purports to be a scientist.
Prior to offering expert testimony, the witness must be qualified by the court as an expert. Western Air Lines, F. United States, F. Here, there are grave concerns about whether Agent Shute is qualified as an expert witness, as well as about the reasoning and methodology underlying his opinions.
While an FBI agent, Agent Shute has taken classes, and even teaches on the subject of cell phone technology. However, the classes were either only two weeks, one week, or four-hours long, for a grand total of seven weeks and four hours of training to become a self-proclaimed expert in the field of cellular technology.
Moreover, none of the courses he took were accredited or certified to any definable standards; in fact, he testified that no such certification even exists.
Nor does Agent Shute have any accreditations or certifications himself in the areas upon which he wants to testify. Agent Shute has a degree in psychology, not engineering or mathematics, and has never worked for a cell phone company.
He has no training in gathering records, nor is there any training offered.
He has no formal education in this area, and has never worked for a cell phone company. Rather than taking multiple programs or courses through an accredited university or other training program, that has definable standards, or accreditation requirements through some national entity, Agent Shute has instead taken a few scattered classes from different groups without any sort of accreditation or other definable standards, and which do not result in any sort of certification for Agent Shute.
See Watson, F. Agent Shute clearly has experience dealing with cell phones, but so does much of the American public. Recent advances in technology and the large-scale distribution of information regarding new features on cell phones have educated the American public to a level where they know about and understand cell phones and how they work.
Even if this Court determines that Agent Shute does qualify as an expert, it still must carefully question his reasoning and methodology, and should still exclude his testimony on this basis. In essence, Agent Shute testified that he obtained the phone records from Cricket, drove around the robbery areas with his own cell phone, and then determined that Mr.
Allums had been in the area at the time of the robberies. How he reached this conclusion, however, is suspect. Agent Shute testified that this was the first case in which he has worked with Cricket, Mr.
Moreover, Cricket does not operate in Philadelphia, where Agent 1 In the first substantive question asked of him by the Government, Agent Shute testified that he was an expert, perhaps hoping to influence the Court from the first available moment into finding him qualified to testify as an expert.
On that task force, do you have a special assignment? I have a particular expertise in cell phone technology Moreover, Cricket does not provide law enforcement with the same amount or type of data that the other carriers - those with whom Agent Shute is accustomed to working with - provide; Cricket records do not provide information about which cell tower the cell call terminates from.
Further, even if Cricket uses the same network as providers that Agent Shute was familiar with, he was still working with a previously-unknown company and less information than he was used to. Agent Shute also based all his conclusions on the assumption that the information he received from Cricket was correct.
Agent Shute also testified that numerous things could interfere with cell tower coverage. However, this data is not preserved in the call detail records.
Accordingly, Agent Shute had no information about the 7 weather conditions on the days of the robberies, no information about the call volume of the cell towers in question, no information about buildings or obstructions, no information about problems with the tower maintenance, or any of the other things he indicated may interfere with cells phone and tower coverage.
A damaged phone could also interfere with the call and yield different tower results for the same location, and yet Agent Shute had no information about the type of phone Mr.To start with, mine permitting and development typically takes 7 to 10 years in the United States, according to one industry-backed study.
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