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Dan wondered if the trial gods were conspiring with Garrett to creep everyone out, because the first prosecution witness of the morning fanned the flames he’d stoked the evening before.
Bret McCoy was a telecommunications data-mining expert, which was apparently a fancy way of saying he hacked cell phones and knew everything there was to know about them. He had helped the prosecutors draft the search warrants they used to obtain information, not only from Camila’s phone, but also from the phones of others who were in the pedestrian shopping area at the approximate time the oven was activated.
“It’s called a geofence warrant,” McCoy explained. Big man, former wrestler. Curly hair. Hipster threads. “A tool we use to collect information about people suspected of crimes. We specified an area and a time period and sent the warrant to Google.”
“Did Google reply?”
“Yes. Fortunately, the defendant used an Android phone. Apple claims it doesn’t collect this kind of information. But Google does. In Sensorvault.”
The jury looked mystified but intrigued. Many probably had Android phones. “What is Sensorvault?”
“That’s a Google database. Huge thing. Connected to their Location History service. Started in 2009.”
“Is this on all Android phones?”
“It is, but it’s not on by default. Google prompts users when they set up their phones. They can choose whether they want it activated.”
“Do most people use Location Services?”
“Almost everyone. Because they want Google Maps. They want real-time traffic alerts and such. And that means Google has to know where they are. Google can collect that data any time the phone is on, even if you’re not currently using an app that requires location services. They use it for commercial purposes. For instance, to target ads. They know when you’ve been in an advertiser’s store—or a competitor’s.”
“And Google will provide this information to law enforcement?”
“Yes. Sensorvault turns all those cellphone user locations into a digital dragnet that law enforcement can access. Federal agents were the first to use this, back in 2016, but since then, many local and state departments have also used it. Last year, Google was getting 180 requests a week.”
“Did your warrant produce any useful information?”
“Yes. I collected the data in a spreadsheet to help everyone see the bottom line.” After admitting his spreadsheet into evidence, Jazlyn put it up on the screen so the jurors could view it. “I realize not everyone here is a techie like me, so staring at numbers may not be your idea of a great time. I highlighted the most important parts.”
“What conclusions did you reach?”
“This data provides information on all devices recorded at or near the bakery at the time the murders took place. We can say with absolute certainty that Camila Pérez was in the area at the time the murders took place. She was there when the last victim was lured onto the premises. She was there when the sex act took place in the lobby.” He paused. “And she was there when the oven was turned on.”
He checked the faces in the gallery. Their sober expressions were not difficult to read. Even if they didn’t understand the document, they understood what he was saying.
“Were there any witnesses who saw her there? I mean, human witnesses?”
“Absolutely. At least fourteen people spotted the mayor in the shopping area and took pictures. Several uploaded photos to Instagram.”
“How far is the pedestrian mall from the bakery?”
“Less than a block.”
“Did the defendant ever come any closer to the bakery?”
“Absolutely.” Jazlyn put a location map on the screen. “See the blinking red dot? That’s the defendant. The square outlined in blue is the bakery. You can see that, about the time of the murder, she went straight there.”
“Thank you. Your witness, Mr. Pike.”
He glanced at Maria as he rose, hoping she had some miracle line of attack, because he certainly didn’t. These tech devices were the modern equivalent of expert witnesses. In some ways, they were worse, because you couldn’t cross-examine a Google database. You could barely understand it.
He plunged right in. “You’re aware that my client made a public appearance at the shopping mall at the time in question, right?”
“I’ve heard that. I don’t have any personal knowledge of it.”
“She gave a speech and cracked a bottle of champagne, christening a new minority-owned business. Wouldn’t that explain why she was in the area?”
“Maybe part of the time.”
“And it would explain why people were able to take her picture.”
“Perhaps.”
“In fact—and for some reason you failed to mention this to the jury—those Instagram photos you mentioned were all taken at the mall. Not the bakery. Right?”
“That’s true. But the mall wasn’t the only place she went.”
“But it explains why she was in the neighborhood.”
“Or shows she was creating an alibi.”
“After she performed her job, she walked around, which is what people are supposed to do at a pedestrian mall. None of this proves she committed murder.”
McCoy stood his ground. “My data shows that she walked directly to the bakery.”
“Is that surprising? She owned it.”
“My point is that she was there at the approximate time the murders took place.”
“Emphasis on the word ‘approximate.’ You cannot tell the jury precisely when the murders took place, can you?”
“I’m not the medical examiner. But I read his report, and he placed the activation of the oven in a two-hour framework. My data shows your client was at or near the bakery during part of that time.”
“Did the medical examiner come up with the two-hour slot before or after you presented your data?”
“My data shows she was there at five in the—”
“And if your data showed she was there at four, would the coroner have made it a three-hour window?”
Jazlyn rose. “Objection. He’s calling into the question the integrity of the prosecution witnesses.”
“That’s my job,” he muttered.
“Specifically,” Jazlyn continued, “he’s impeaching the testimony of the medical examiner, who is not in the courtroom to defend himself. Mr. Pike had a chance to cross-examine the medical examiner and he raised no objection to this aspect of his report then.”
“Your honor, I hadn’t seen yet how the time-of-death window expanded to include the time when they think my client was in the area. It smacks of prosecution conspiracy. Possibly even witness and evidence tampering. Again.”
Jazlyn’s neck stiffened. “Again I object. And I ask that counsel’s offensive and possibly unethical remarks be stricken from the record.”
Judge Hayes waved them forward and covered the microphone. “First of all, chill. Both of you. You’re not impressing the jury and you’re not helping your case. Mr. Pike, these jurors are smart enough to put two and two together. They don’t need you to indulge in name-calling. They—”
Jazlyn interrupted. “It’s more than that. He insulted my—”
The judge erupted. “Little lady, I will thank you to not interrupt me. Ever. You will respect this court. Otherwise, you will not be welcome here.”
Jazlyn tucked in her chin.
The judge took a breath and continued. “I’m going to overrule the objection. This is cross and tearing at your case is hardly unexpected. But I will warn you, Mr. Pike, that this will not immunize you from later ethical complaints if you engage in slander relating to members of the law enforcement community or the bar. Toe the line.”
“Yes, sir.”
Jazlyn found her voice. “I want to file that ethical complaint right now. I want—”
The judge cut her off. “Oh, don’t get your panties in a twist. If I were you, I’d focus on your case. If you flop on something this high profile, there won’t be enough MeToo in the world to keep you in your job.”
He watched Jazlyn’s face flush red right before his eyes. He knew exactly what was running through her brain. She wanted to call him on his patent sexism. But while that might give her some personal satisfaction, it probably wouldn’t hurt Hayes much in the long run.
She bit her lip and nodded.
The judge waved them away. “Let’s get this done. I’m hungry.”
He continued his cross. “You’ve claimed my client was at the bakery during a vague two-hour period when you think maybe the murders occurred. Did she actually go inside?”
McCoy hedged. “That I can’t say for certain. This location tracking isn’t that precise. Only good to about two to three hundred feet. She might’ve gone in. She might’ve stood outside. I know her prints were found inside.”
“But you don’t know that they were left on the day of the murders.”
“That is outside my area of expertise. But if she was present when the murders took place—”
“Then she might’ve been completely unaware she was a few feet away from a horrible crime.”
McCoy smiled. “Involving the bakery she owned and three men she knew and had serious grudges against.”
Out the corner of his eye, he saw jurors nodding in agreement. “Motion to strike.”
Judge Hayes shook his head. “You opened the door to that, counsel.”
He couldn’t conclude on that note. “There’s no indication my client went anywhere else during that time period. Is there?”
“No.”
“Or did anything else. Didn’t meet henchmen or bury bodies.”
“No.”
“Didn’t go to a bar and get plastered.”
McCoy agreed. “No, after her time at the bakery, the location data indicates she went home and remained there until the end of the time period covered by the geofence warrant. Presumably she went to sleep.” He folded his hands. “And slept with the calm satisfaction that comes from completing a job well done.”