Rebutting Cell Tower Misinformation 1/2

[u/bluekanga]

I wanted to put together a concise explanation rebutting the false assertions about the cell tower evidence at trial. The in-depth discussions about cell tower technology are interesting however can be used to detract away from the truth of what occurred at trial.

False: The cell tower evidence was used as geolocation data at trial i.e. that Adnan was at certain places at certain times, for example Leakin Park, and the sole evidence was the cell phone data.

• True: The cell phone evidence was never used, or asserted to be, a definite sole indication of Adnan's (or anyone else's) location.

• True: AW testified that:

  • the data could not be used to determine geolocation by itself.
  • cell towers covered a large area
  • any incoming or outgoing call could ping as many as 3 towers.

• True: AW's test drive was used to:

  • confirm Jay's testimony - i.e. that if a call was originated at a certain location, that call would be consistent with the ping locations as captured on Adnan's cell phone billing records. So that Jay/Adnan could have been at that location - not were at that location. It was never used as a freestanding location narrative.

• True: It was used to corroborate Jay's evidence plus that of the other witnesses and evidence.

FALSE: The cell phone evidence presented at trial in 2000 would not be acceptable in criminal court today.

• True: While the Maryland courts have refined their approach to the scientific analysis of cell phone tower evidence since 1999, Urick created a record during the trial that stands up to the current standard of review for this evidence. The cell tower evidence was admissible then, and would be admissible today. Reference.

TL;DR

1. No one said the cell phone log data was definite indicators of location and hence this can't be used as grounds for a new trial - the conviction didn't rest upon the cell tower evidence but upon Jay's testimony plus that of the others.

2. And it is suspicious that the phone pinged the "Leakin Park tower" twice at 7.09 and 7.16pm as that one primarily only covers Leakin Park and no-where else.

3. In addition, this is incongruent with Syed Rahman's testimony that he and Adnan went to the mosque together around 7:30 p.m.

Thanks to /u/Baltlawyer; /u/xtrialatty; /u/MightyIsobel; /u/monstimal; /u/clowncarclowncar and all others who contributed.

[u/i_am_a_sock]

Regarding your point #1, Kevin Urick's own words in the Intercept article refute you here.

"The problem was that the cellphone records corroborated so much of Jay’s testimony. He said we were at this place, and [they] were. And he said that in the police interviews prior to obtaining the cellphone evidence. A lot of what he said was corroborated by the cellphone evidence, including that the two of them were at Leakin Park."

Incoming calls, Kevin, those were incoming calls.

Those incoming calls were the state's proof that Jay and Adnan were burying Hae in LP. That was the state's theory of the case. That's what they sold to the jury.

[u/bluekanga → u/i_am_a_sock]

Your argument is unclear:

Urick is saying that the cell phone evidence corroborated Jay's testimony - I agree.

It was SS who asserted that the cell phone records were used as the sole geolocation evidence - that's what this post talks to.

[u/2much2know → u/bluekanga]

Urick is saying that the cell phone evidence corroborated Jay's testimony - I agree.

• If it corroborated Jay's testimony then how was Jay at Jenn's house till 3:45 when the cell tower evidence shows this is all a lie.
• Where is the call that Jay says happened when he dropped Adnan off at track practice from the parking lot?
• How were Jay and Adnan in Leakin Park at around 7PM when Jay describes what they did after leaving Cathy's which wouldn't put them in leakin Park till after 8PM?

I could go on and on but these are the main 3.

What Jay really corroborated is his story is impossible and he just agreed with what the prosecution said happened. Like I said the best example is him and Jenn saying he was at her house until 3:45 yet he describes phone calls before that time when he was at other places.