The State of Arizona, by the undersigned Deputy County Attorney, requests that the court issue an order prohibiting defendant from questioning witnesses regarding pornographic materials allegedly viewed by the victim on his Compaq Presario computer, item number 390633.
In the recently filed motion to dismiss or the notice of intent to seek the death penalty defense counsel complain that someone from the Mesa Police Department “went into the computer without a “write blocker” and sought to alter its content, and alter they did.” Defense counsel also allege that “exculpatory and/or mitigation information was intentionally destroyed” between the times of 13:56:19 and 16:51:34 on June 19, 2009. In their haste to sensationalize the issue defense counsel tripped over the truth.
Defendant was previously represented by Gregory Parzych and Maria Schaffer, On June 19, 2009, between 13:56:19 and 15:51:34 prior counsel for defendant viewed a number of electronic items seized during‘ the investigation, including the victim/s Compaq Presario computer, item. number 390633. Any deletion of the browser history and registry, if it did occur, was caused by previous defense counsel during their examination. The Compaq
Presario computer was in the possession of defense counsel at all times when defendant complains there was a purposeful intent to alter its content. If the history was altered it was changed by
defense counsel not the State.
Defendant has failed to provide the State a copy of the mirror image purportedly containing the deleted internet browser and registry history. Verification of the history is especially is crucial when it indicates that the victim was accessing’ these sites on June 10, 2008.
He was killed by defendant on June 4, 2008, and it is impossible for him to be engaged in this activity six days after his death. It is also coincidental that the victim allegedly only began to access these sites on May 28, 2008, the same day defendant staged the burglary at her grandparents’ home.
The court should order defendant to produce a copy of the hard
drive image and. any forensic report to the State so that the accuracy of the allegations may be verified.
The image of the hard drive originally made by the Mesa Police Department on June 11, 2008, contained 24 Viruses and the anti-malware program found 17 malware malicious items. These viruses apparently redirected the computer sending it to various porn sites for the period of May 28, 2008 through June 10, 2008, when the computer was turned off. Once a computer is powered off viruses no longer have the ability to direct the computer to any websites.
It would be improper to allow witnesses to be questioned on a
matter involving clearly erroneous facts. Therefore, the State
requests that the court prohibit defendant from questioning witnesses regarding so called pornographic websites allegedly visited by the victim either before or after his death.
Submitted November 11 , 2014.
Scan of original: StateMotionCompaqComputer11Nov2014
Note: almost everything in this document is wrong, see Picking apart the State response on Nov 11 2014 !