Took some time to locate filings last week relative to pings and things...
Linked below - the 2 recent filings related to the Indy article above. (I've cut/pasted some relevant filing sections below each link.)
The 4th Franks definitely seeks to throw out the search warrants, on the basis that the State withheld this RA-exculpatory information from Diener.
IMO, only expert testimony can interpret the pings specifically sent to and answered by Libby's phone throughout the first hours of the search, well into the morning hours of Feb 14 2017.
However, the every 15-minute ping attempts sent from ATT's Well's Tower at ISP's request to the provider, (including non-successful pings) on 2/13/17 as well as the positive pings of early morning 2/14/17 do
not to match the State's timeline.
ISP expert Blocher advised on Feb 13th that based upon ping info, Libby's phone was either
out of Well's tower range - or -
no longer in working condition. Wells tower ping evidence shows there are no successful tower pings from Libby's phone from 5:44 pm on Feb 13th until Feb 14th early AM.
Yet evidence shows that on
Feb 14 2017 at 4:38 AM, Libby's phone WAS WORKING and pinged Well's Tower.
The Defense's point is NOT that LE pinged Libby's phone at 4:38 AM on Feb 14th. The Defense is interested in the ping - the first evidence of tower contact with Libby's phone since the The Defense's point is that
the phone did not ping until that time. (Libby's iphone would attempt to ping regularly if it was on and in tower range. It would not ping only at shut down.)
- Libby's phone was non-responsive to LE's every-15-minute pinging for hours and hours on the 13th. No results. Yet Libby's phone pings early in the morning of the 14th. This 10+ hours of no Libby phone pings, followed by a ping on the 14th ... gives Libby's phone a different timeline than the State's timeline of the victim's murder.
The State's timeline. Time of death for the victims is between 2:17 pm and 3:57 pm Feb 13th, which LE asserts = RA's timeline. Libby's phone with Libby on the Bridge, down the hill, and at death, phone found next day under Abby's body, under L's shoe.
Libby's phone timeline. Libby's phone with Libby at the Trails and on the Monan Bridge 2:17. (At 3:11 family reports Libby's phone goes to voicemail.) Last ping from Libby's phone was 5:44 pm Feb 13th. After that, LE keeps pinging Libby's phone on Feb 13th through the night; Libby's phone doesn't respond. (a series of 44 pings, every 15 minutes in total). Libby's phone shows "last ping" at 4:38 AM Feb 14th. LE sends its first Feb 14th ping attempt at 5:39 AM Feb 14; but Libby's phone does not respond. Libby's phone's ping record - as to being in range of the Well's tower is not consistent with the State's theory that the phone was with victims at the crime scene between 2:17 and 3:57 on February 13th, at time of victim's death, with Libby's phone under Abby's body, Libby's shoe by 3:57 pm.
As of the filing this week, the Defense was still waiting for the Prosecution to send the full February 14th ping discovery and also geofencing related reports. The Prosecution seems unable (unwilling?) to deliver their investigative reports and raw data wrt to phone tracking.
One would think the P would have this critical evidence/discovery on hand ... unless the P is not / was never interested Libby's phone's ping timeline as evidence.
Writing this reminded me that the PCA for the Search Warrant never referenced the time of death window provided by the autopsies or forensics (just the , nor the known ping history for Libby's phone.
JMHO
Defedants 4th Franks Motion
10. The two pages provided to Mr. Allen’s counsel contain the following summary of a
conversation between Steve Mullin and Sargent Blocher of the Indiana State Police:
“Sgt. Blocher advised according to his evaluation of the data provided by
AT&T the last contact event between the cell phone and the tower located
at Wells Street was at 17:44:50 hours. He advised that according to the
records provided by AT&T there had been no contact with the phone since
then.
Sgt. Blocher advised that his interpretation of the information which we
were receiving from AT&T indicated that the cell phone was no longer in
the area, or no longer in working condition. He advised that since there
had been no change in the every 15 minutes update we were receiving and
the last known contact time had not changed since 17:44 hours.”
11. The conversation above appears to have occurred prior to 1:00 a.m. on
February 14, 2017.
12. On November 9, 2023, the prosecution provided Mr. Allen’s counsel with
evidence of 44 pings generated by AT&T to locate L.G.’s phone (hereinafter
“pings”).
13. There were 2 pings from February 13, 2017 in the pings provided to defense
counsel: one at 5:48 p.m. and 7:16 p.m.
14. Mr. Allen’s counsel did not learn of additional pings which took place every
fifteen (15) minutes on February 13, 2017, until the discovery disclosure on
April 26, 2024. Defense counsel still does not have the additional pings from
February 13, 2017, or the early morning of February 14, 2017. Pursuant to the
information which the prosecution disclosed to Mr. Allen’s counsel, the first
ping on February 14, 2017 was sent to L.G.’s phone at 5:39:41 a.m.
15. More importantly is Sgt. Blocher’s statement that his interpretation of the
information which they were receiving from AT&T indicated that the cell
phone was no longer in the area or no longer in working condition.
16. The prosecution’s entire case rests on the idea that L.G. and A.W. were on or
very near the south side of the Monon High Bridge at 2:13 p.m. and that
Richard Allen killed them between that time and when a witness allegedly
saw a man in blue jeans and a blue jacket on 300 N shortly before 3:57 p.m. In
other words, assuming the prosecution’s evidence is accurate, L.G. and A.W.
were murdered after 2:13 p.m. and before 3:57 p.m. on February 13, 2017.
17. Additionally, assuming this timeline is accurate, the prosecution would have
the girls between the Monon High Bridge and the location where the bodies
were found from 2:13 p.m. on February 13, 2017 (the bridge video) until they
were found at approximately 12:15 p.m. on February 14, 2017.
18. At the time the bodies of A.W. and L.G. were found, L.G.’s phone was under
L.G.’s shoe, both of the which were under the body of A.W.
19. Assuming the prosecution’s timeline is accurate, L.G.’s phone was under
L.G.’s shoe, which was under the body of A.W. from sometime after 2:13
p.m. on February 13, 2017, until the bodies were found at approximately
12:15 p.m. on February 14, 2017, and had remained at the location in that
condition for that entire time.
20. However, Sgt. Blocher stated on February 13, 2017, that the cell phone was
no longer in the area, or longer in working condition.
22. Assuming the prosecution’s timeline is accurate, there is no way that the
phone was not in working condition between 9:00 p.m. on February 13, 2017,
and 1:00 a.m. on February 14, 2017, because we know the phone was on and
communicating with the cell phone tower at 4:33 a.m. on February 14, 2017.
For the prosecution’s timeline to work, the phone had to have been in the
same condition from sometime prior to 3:57 p.m. on February 13, 2017 (the
time the witness sees the man on 300 North) until the time the bodies were
found on February 14, 2017.
23. At the time of the search warrant for Mr. Allen’s residence, members of the
Indiana State Police were also aware that the last ping of L.G.’s phone was
not at 5:44:49 p.m. on February 13, 2017, but at 4:33:35 a.m. on February
14, 2017.
24. Furthermore, it is evident from the data from L.G.’s phone that the phone was
accessed and connected with the cell phone tower at 4:33 a.m. on February 14, 2017.
ACCUSED’S REPLY TO THE STATE’S REPONSE TO MOTION TO COMPEL AND SANCTIONS AND REQUEST FOR THE STATE OF INDIANA TO BE FURTHER SANCTIONED FOR PROVIDING FALSE INFORMATION IN ITS RESPONSE
20. On Friday April 26, 2024 the prosecution turned over a multitude of
documents, including an exculpatory piece of evidence concerning phone
pings that was contained in a report written by Steve Mullins of the
Delphi Police Department on August 23, 2017.
21.Mr. Allen’s counsel previously asked multiple times for the prosecution
to turn over narrative reports related to phone activity, such as
geofencing and pings, and the State of Indiana has continually told the
defense that no such reports exist.
22.The exculpatory report the defense received on Friday, April 26, 2024
(17 days before trial begins) provides evidence that the victims were not
at the crime scene on February 13, 2017.
JMHO
en.wikipedia.org
www.crimewatchers.net
