Lorne, Linton, Storm – Kartel murder trial

Attorney-At-Law for Shawn Campbell o/c Shawn Storm, Miguel Lorne started and completed his cross examination of Detective Sergeant Patrick Linton in the Kartel and others murder trial today.

Please see below my verbattim notes of the proceedings 

———-

Q- u see Mr Simmonds name on statement 
A- yes – Joseph Derrick Graham Simmonds
My note – Joseph Simmonds is the DIGICEL executive that gave evidence for the prosecution weeks ago

Q- 24th November 2011 statement
A- Yes

Q-Surprising that your digital report is also dated 24th Nov 2011 – digital forensic report
A- Merely coincidental

Q- No mek we sort it out before -( question repeated)
A – I have to refresh my memory

Q- You can look at mine ( sends document up to witness)  Is that your report.
A- Yes

Q- Dated 24th Nov. It would be a remarkable coincidence that your report and Simmonds statement are on same date
A- It would be

Q- Your report stated that you carried out exam of phone with a particular machine 
A- yes, I used a forensic device

My note – the name of the machine in the statement of Det Sgt Linton was told to the court, so too the device he then said he actually used. That name will not be printed here for security reasons

Q- I asked you if in the November 24 report you stated that you used a particular software
A- Yes

Q- Was that what you used Mr. Linton
A- I used …

Q- No man. What do you have in your report
A – I used a a particular machine

Q- I am talking about your report – did you state that you connected using this machine..
A- Yes

Q- Is that true
A- I have subsequently corrected that to give the name of the one I sued 

Q- Take it step by step – in your report you said a particular kit…are you saying you made a mistake
A- Yes counsel

Q -The big forensic examiner …how many times in that report u wrote that mistake
A- I would have to look at the report

Lorne asks for original report and Sends document up to Linton-  asks if signature is there and if that’s the report prepared

Lorne to Linton – If you see babylon and certain things on it, I wasn’t referring to you….court chuckles.

My note – Michael Lorne is a rasta man and one who is big in the reparation and repatriation movement in Jamaica. He would have called Fyah bun pon. Babylon a whole heap a time

Q- Look and see how many times you made mistake
A- At least 4 times

Q- Look again man. You go Syria go train police. Want to show we have high standards in Jamaica
Witness looks

Q- About how much times
A- I see about 6/7

Q- Now we going up nicely eeh, gone from 4 to 6/7…6/7 times you made mistake Mr. Linton …now. Mr. Linton look again, you not going to short change me today. This aspect is important. Machine you use is important if you use wrong machine you get wrong data. Look again Mr. Linton

Court waits
A- About 9/10

Q-You see we going up Mr Linton. I had underlines in red to assist you. You didn’t see that

A- No

Q- At least 10 times you made a mistake in writing that you used that machine
A- Yes counsel

Q- The machine you said you used is not a forensic device
A- Not a law enforcement forensic device

Q- Is a device you can buy over the counter
A- I Never bought one

Q- But you know about a forensics one that is different
A- Yes ..that’s what I used

Q- So how comes you write the wrong one 10 times
A- I meant to say the forensic device that I used 

Q- Is it a more inferior device than the one you actually used
A – It’s for corporate use

Q- The one you wrote ten times in your report is not read only
A- No

Q- Because some of data you say you got could not be extracted with that device

A- I didn’t use the one I wrote in my report .. None of the data came from that device

Q- I didn’t say it come from that you know. You are the expert. The data you presented could you have presented them with that

Q- You have never used it but you made the mistake five plus five times equal TEN
Judge – don’t make a statement Mr. Lorne

Q- suggesting that a lot of the information you say you got from the phone you made it up! You manufactured it and put it there, you and your colleagues 
A- No counsel

Q- All dis ting about going to Cuba and all these things, mek u mek it up!
A- No

Q- Georgina make a Cuba -you don’t know the song. You must and you so fascinated with Palmer

Q- Packed soap sell a Cuba – you are big fan

A-Don’t know about that

Q- So you can see the BB messages generated on the Report
A- No My lord

Q- You said up in statement- I think in answer to my friend you started working on the phone of the 14th of Oct
A- Yes

Q- Is that true
A- Yes

Q- Did you state anywhere that you started on 12th on 3682
A- For a different phone not 3682

Q- Said in statement that the same day phone came in they were turned off battery taken out etc and then turned off and then on
A- Can you show me that transcript

Q- Before we show you you have to understand first. Did you say that
A -Have to refresh my mind

Q- I will help you. Crave your indulgence Your Lordship ‘ you didn’t take it out until you started working on it on the 12th’….answer was yes
A- On which phone

3682 mr. Linton.

A- I started working on the 6427 on the 12th Oct 2011

Q- But Mr Linton in your further statement did you say this ‘I conducted further analysis on 4 mobile phones’
A – Mean I would have started that day
Dec 15,2011 stsmt handed to witness

Q- Did you say ‘I conducted digital forensics analysis on 4 mobile phones’
A- No didn’t write that. Mean I started

Q- Paragraph was just shown to you. You want to see it again ‘ I conducted digital forensic analysis on 4 mobile phones
A- Yes 

Q-Any hing there about started my report
A- No

Q- Suggesting 12 and 14 of October might have been insignificant but you keep shifting goalpost when questions are asked of you …evidence unreliable
A- No My Lord

Q- One moment you told court you look in phones to verify certain numbers
A- When you said look in phones what you mean

Q- Looked in back of phones
A- Yes

Q- On previous occasion at that same spot on oath on King James Bible did you swear to speak truth when Rogers asked ‘so when you verify you don’t look at numbers in phone and you say no counsel I did not
A- Can I see the transcript please counsel
Lorne – Oh yes we are here to oblige …look at that  Mr. Linton

Q- Seen it now
A- Yes counsel

Q-So you agree – repeat ques
A- It was when I verified in the book, that was the question

Q- Mr Linton it  says here when you verify you don’t look at phone
Taylor (prosecutor objects) – he’s speaking truth. Be fair to the witness

Lorne – You know what we agree showing you to show you are coming here to deceive. Yo u say to Rogers ‘ I verified entry…2 things written in phone …so when you verify you didn’t look at number in phone …no’

Taylor – that is not true

Pierre Rogers mumbles
Judge – Mr. Rogers pls don’t disrupt the court
Rogers – apologizes and stands
Judge – statement are reaching the jury and I want it to stop now. Counsel has a duty if evidence is being misquoted he has a duty to correct it
Pierre – and so do I My Lord
Judge – not in a manner that disrupts proceeding
Rogers – as it pleases Your Lordship

Lorne continues – Can the machine you now tell the court you used not cause you to bypass PWD and get data
A- Yes

Q- Suggesting because you were using inferior technology by using the machine you listed in your report, that is why you couldn’t do that
A- the forensic machine now has updated system to newer models to accommodate nearer technology

Q- Did you also say, ‘I didn’t see who turned on or off phone’
A- Can I see transcripts pls

A- yes

Q- So can’t verify chain of custody
A- Has nothing to do with chain of custody

Q- Chain of custody means you can say for certain keeping of item from one person to next
A- Yes

Q- And you say your teach it
A- Yes

Q- Wouldn’t you say at time when someone turned phone off that affects chain of custody
A- That has nothing to do with chain of custody

Q- Tell me in this case, you said a lot about SD card right
A- Right

Q- But when you were writing up list of things – no mention of SD card. Am I correct
A- No counsel

Q- At no time did you record brand or model of SD card
A- Yes counsel

Q- Don’t these things have a brand or model

A -Yes counsel

Q- And you made no mention
A- No counsel

Q- Do they have serial numbers

A- External serial number comes too fine

Q- Oh…but you have come here with your magnifying glass
A- Yes

Q- You must have used it when you were examining SD card

A- Not this one

Q- You have another you used at time
A-Can’t recall

Q- Storage capacity of card recorded
A- Not from my recollection

Q- Would they be important to make story look good
A- No counsel

Q- You were asked ‘ with BB message and so on you could verify data with makers of BB, RIM- Research in motion in Canada
A- Don’t know about that

Lorne – mek wi leave Jamaica, Syria now gone to Canada

Q- You don’t know of people who when they want to verify they go to the original source. You as originator of cybercrime unit don’t know you can go to RIM to get verification
A- RIM doesn’t give info about BB convo for privacy reasons

Q- Privacy right. But as a law enforcement person couldn’t you have gotten a court order or warrant to go to RIM
A- I cannot speak to that

Q- Never consulted senior persons in JCF about that
A- Can’t speak to that

Q- Never read RIM privacy policy on internet
A- No counsel

Q- I am Suggesting they provide information for law enforcement purposes
A- Don’t know about that

Q- You didn’t do it as you know information you said was on the card was not there 
A – My Lord – All info I provided was info I extracted from device and presented

Judge – u specifically put to witness that messages re. Cuba are made up. Were there any messages from your client in that regard
Lorne – not specifically My Lord
Judge who are the messages about or from

Lorne – allegedly Mr. Palmer
Judge – suggestion re all of these things relating to Mr. Palmer do you know what Mr. Finson suggestion to witness was in relation to these matters
Lorne – that none of those things existed and were made up against his client. In fact Your Lordship Finson suggested some of these came to counter bail application he was making and prior to that! none of these things arose
Judge – any messages attributed to your client
Lorne – yes Your Lordship…Voice Notes and thanks for guidance Your Lordship…Voice Notes
Judge – any attributed to your client
Lorne – not attributed to but mentions my client. My client’s name is called. None of the BB messages referred to Shawn Campbell at all or come from him

Lorne continues to Linton – Therefore Mr. Linton, this message here and even in those Voice Note where Shawn is mentioned, that is made up and submitted to this court
A- No ML

Q- You want to pull Shawn Campbell in mix up your are propagating
A- No ML.

Q- the device you mention in your report you can out things back  and forth on phone
A– Purpose is to copy from one phone to another.

Q- Suggesting you know quite well. One is corporate and one is law enforcement

Q- Phones – did u ask how they came to be in police custody
A- I was given advise by Corporal Pit and carried out instructions

Q- did they have a Search warrant
A- Didn’t ask

Q- Did you try to see if you were on right Track before you carried out exam
A- Carried out exam based on request from police

Q- And Mr. Linton in this 24th Nov 2011 forensic report, please tell the jury whether Shawn Campbell’s name or telephone number attributed to him appears in this digital forensic report that you prepared
A- No My Lord

Lorne – That may it so please you madam foreman and members of the jury is the end of my cross.

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About emilyshields

Attorney-at-Law, Partner -Gifford Thompson & Shields; Broadcast Journalist; Host of RJR's Hotline - www.rjr94fm.com; Gunner Twitter- @emilymshields
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