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To: RnMomof7
John the Jerk sounds like he could be potentially dangerous.
358 posted on 08/15/2002 12:53:22 PM PDT by the Deejay
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To: All
Someone posted yesterday that Watkins (the prosecution's computer guy) testified that he was in DW's house at approx 9:00 pm on 2/4. Can that person "own up" ;-) and tell me if that was from the PH? Or somewhere else? I've read and re-read the computer testimony, and I'm sure that he said he never arrived at DW's house until sometime after midnight on 2/5.

From Watkins' testimony: Q: YOU ARRIVED AT THE RESIDENCE ON FEBRUARY 4TH.
A: YES, SIR.
Q: DID YOU ENTER THE RESIDENCE?
A: YES.
Q: WHAT DID YOU DO ONCE THAT HAPPENED?
A: I WAS DIRECTED TO THE -- WELL, WHEN WE WENT IN, I TALKED TO SERGEANT HOLMES WHO DIRECTED US TO THE UPSTAIRS OFFICE.
Q: WHAT DID YOU DO?
A: TOOK A -- WELL, EXAMINED THE OFFICE, SAW THAT THERE WERE TWO COMPUTERS INSIDE THE OFFICE AREA THERE. WE SET UP A TABLE AND SET UP A COUPLE OF COMPUTERS AND THEN CONDUCTED THE IMAGING PROCESS.
Q: DO YOU RECALL WHAT DATE IT WAS WHEN YOU ACTUALLY ARRIVED AT THE RESIDENCE?
A: IT WAS THE MORNING OF THE 5TH.
Q: ALL RIGHT.WAS THIS -- WAS IT DARK OUT?
A: YES, IT WAS.
Q: SO THIS WAS AFTER MIDNIGHT ON THE 4TH?
A: YES.

Still with me? Good. From further on in Watkins' testimony:

PERHAPS WE SHOULD GO BACK TO WHEN YOU WERE ACTUALLY IN THE OFFICE DURING THE EARLY MORNING HOURS OF FEBRUARY 5TH. YOU MADE COPIES OF I THINK IT WAS HARD DRIVES OF THESE COMPUTERS.
A: YES, SIR.
Q: GENERALLY WHAT OCCURRED AFTER THAT?
A: WHILE WAITING FOR THE -- WELL, AFTER THEY DISCOVERED THE C.D. ROMS AND THE ZIP DISKS, WE WENT AHEAD AND USED ONE OF THE COMPUTERS TO WHAT'S CALLED A PREVIEW, TO EXAMINE THEM TO SEE WHAT WAS ON THEM TO SEE IF THERE'S ANYTHING QUESTIONABLE OR ANYTHING THAT MIGHT LEAD TO THE WHEREABOUTS OF DANIELLE VAN DAM.

The only problem with all this is that the Det. who got the Search Warrant, used all this information to get the search warrant. If you read that affidavit, Alldredge states that Watkins and Youngflesh were in DW's house. He mentions the "in plain sight" rule, and said that he believed that the search warrant issued over the phone gave them the right to look at the CDs and zips that they had supposedly just found. He states that they now need to go in and gather up all the computer info. that they can find.

BUT as you can see from above, when Watkins was in the house, he and Youngflesh were already imaging the hard drives of DW's computer, and (IMO) states that they looked at the CDs/zips "while they were waiting" - for that imaging process to be complete??

I'll wrap this up by asking another question: Did the telephonic search warrant issued on 2/4 to search DW's house give them the right to make copies of his hard drives? How does that jibe with things "in plain sight"?

By the way, I should mention that the Search Warrant Alldrege applied for was issued at approx. 1:30 am on 2/5, which fits somewhat with Watkins testimony as to the time he arrived at the scene.

Would someone like to kick this idea around with me a bit? It's been bugging me for weeks.
382 posted on 08/15/2002 1:21:06 PM PDT by NatureGirl
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