Oct 23, 2024
DELPHI, Ind. (WANE)— The afternoon session of Day 5 of the Delphi murder trial focused on cell phone and electronics analysis. Richard Allen is charged with two counts of murder and two counts of felony murder in the 2017 deaths of Abby Williams and Libby German in Delphi. Libby had her cell phone with her when she and Abby took a walk to the Monon High Bridge on February 13, 2017. Data was extracted and first analyzed by Indiana State Police Digital Forensics Investigators on February 15, 2017. But, Wednesday's testimony focused on a new examination of the data done in 2019 by 1st Sgt. Christopher Cecil. In the two years since 2017, technology had improved and Cecil took the original data extraction from 2017 and ran it through updated programs to see if he could get new information. See Lt. Brian Bunner's testimony on Tuesday about the 2017 analysis he did in the story link below: Delphi: Witnesses in court recall seeing “bridge guy”; Delphi native reflects on Abby & Libby’s legacy Cecil testified that the newer software allowed him to access more detailed data about how the phone was used and when. His 2019 report revealed that two people regularly used Libby's iPhone 6S: Libby and Abby Williams. There were three fingerprints registered to the phone labeled right, left, and Abby. The "right and left" presumably meaning Libby's fingers. There were also usernames for both Abby and Libby on phone for several social media accounts. Previous testimony had said Abby did not her her own cell phone and was known to used Libby's. The new data analysis also pulled information from the Apple Health App, which tracks steps and phone movements as well as elevation changes. A chart in Cecil's report outlined the recorded movement for Libby's phone on February 13, 2017: 1:31 pm - 2:08 pm - 1,682 steps (707.34 meters)2:08 pm - 2:18 pm - 414.38 meters2:25 pm - 2:32 pm - 66 steps (50.64 meters) 2:31 pm - two-floor elevation change Cecil's testimony explained the iPhone uses 10 feet as it's estimation for distance for a "floor," meaning the two-floor elevation change would be about 20 feet. The Health App, he explained, doesn't record a duration for the elevation change. He said that it happened during the steps taken from 2:25 pm to 2:32 pm. "February 13, 2017 at 2:32:39 pm was the last date and time the iPhone logged movement until it was charged and forensically examined on February 15, 2017," the report read. Cecil said the phone can detect movement in a car if the vehicle hits a bump and the car bounces, but it wouldn't necessarily do that. Defense attorney Jennifer Auger argued that just because the phone didn't record any movement, doesn't mean it wasn't moving in a car. Just as it might detect movement in a car, it also might not, she argued. Cecil's deeper analysis in 2019 also was able to access the KnowledgeC database, which logs all kinds of user data from when a phone is turned on or off to when the screen lights up to when apps are used and how they're used. The forensic examiners didn't know the KnowledgeC database existed in 2017 during the first phone extraction analysis. That new report showed second-by-second activity of Libby's phone on the 13th. What was talked about the most was when she posted pictures to Snapchat. The following is the timeline in Cecil's 2019 report: 1:41 - posted a picture to Snapchat1:43 - posted a picture to Snapchat of the girls in a car2:05 - posted a picgture to Snapchat of the bridge with no people in it2:07 - the last time the phone was unlocked (later testimony also said a picture was posted to Snapchat at this time, but that photo was not located on Libby's phone)2:13:51 - the 43-second video of Abby and a man behind her on the bridge starts2:14:34 - the video ends2:14:41 - Libby tried to fingerprint unlock the phone, but it was unsuccessful 2:32:39 - last phone movement 10:32:26 - phone likely dead (Cecil testified that this was inaccurate in his 2019 report and he corrected it in his 2024 report.) Cecil testified that the photos posted to Snapchat were found in the phone's Snapchat cache, but at 2:07, he believes a picture was posted to Snapchat but that image was not in the phone's cache. He found a picture on the internet he believes was the one posted at 2:07. However, Auger questioned the validity of that conclusion. Through her questioning, Cecil testified that he found it with a Google search and the original picture didn't have a date and timestamp on it. It said "7 hours ago" instead, but Cecil doesn't know when it was posted to know when 7 hours ago was. She also proposed that the reason the 2:07 Snapchat photo was not on Libby's phone was because someone else might have posted it from another device. Auger also brought up again that every time a phone is powered on and shut off, some data is lost and overwritten. So, when the phone was shut down on February 15, 2017, the "shutdown log" was rewritten to show the last time it was turned off to be on the 15th. "So now we'll never know when it shut down on February 14," Auger said. Prosecutor Nick McLeland then clarified that while some data is lost, it's not data from the camera roll, which Cecil agreed with. From 2019 to 2024, digital forensic technology continued to improve and Cecil did another analysis of the 2017 extraction data earlier this year. He compiled that report from May 10, 2024 until August 18, 2024. The 2024 report had a few corrections from the 2019 report. First he corrected that the phone was opened with the passcode in 2017, not by a software access program. He corrected a timestamp typo he made in one entry and he also said it was a "premature conclusion" that the last phone activity was at 10:32 pm on February 13. He testified that when a phone's battery is getting close to zero, it will often slow down processing to conserve power. While some things won't refresh in the background or the screen might go dark more quickly, he said the gyroscope tracking location and movement would continue to work. After his review in 2024, Cecil said there's no indication that the phone was turned off after the last movement reading. At 4:06 pm on February 13, Libby's phone got an SMS text message from her grandmother Becky Patty saying, "You need to call me now [multiple exclaimation marks]" Missed calls and messages then progressed through the night, he testified, then there was a gap of time and at 4:33 am on February 14, 2017, the phone received 15 SMS text messages. The "gap of time" was not made clear. But Cecil said he doesn't know why all the SMS texts would have come in at once at 4:33 am. There was then no activity after 4:34 am on February 14. Auger also made a point to note that iMessages are timestamped with when the message is sent. For example, if someone sends a message at noon, but it arrives at 2 pm, it would be timestamed as noon. But, SMS text messages, which use cell towers to be sent, have timestamps of when they are received. So, if someone sends an SMS text at noon, but it arrives at 2 pm, it would be timestamped as 2 pm. The jury asked Cecil 16 questions, including if an iMessage can be sent using cell service instead of WIFI. He said yes, but the iMessage converts to an SMS message to go through the cell tower. Richard Allen's Devices Questioning surrounding the analysis of Richard Allen's electronic devices was the most direct mentioning of the defendent since the trial started. On November 8, 2022, 23 devices were taken from Richard Allen's home and data was extracted and analyzed. What exactly the devices were was not clarified. Cecil explained that a MEID, or Mobile Equipment Idetifier, can be used to identify specific phones. He had the MEID for Allen's cell phone in 2017 and that phone was not in his house and was not one of the devices analyzed. It was not made clear what efforts, if any, were made to find that phone to have it analyzed. However, Auger's questioning brought out that no information on the devices that were analyzed linked Allen to the girls or their deaths. She asked Cecil four similar questions: Standing next to Allen at the defense table, looking at the jury, Auger asked Cecil if any information on Richard Allen's devices tied him to Libby German, and she placed her hand on Allen's shoulder as she said his name. Cecil responded no. Auger repeated that same question and touched Allen's shoulder again each time she said his name, just replacing Libby's name with Abby's name and then with each girls' death. Each time, Cecil answered no. A juror asked how Cecil determined Allen had no connection to the girls. He said because he didn't find any contact or communication with their accounts in Allen's devices. However, internet search history did include searches about the girls and news stories about what happened. Auger clarfied that those searches happened after the girls' deaths and they don't know who made those searches. 'He was covered in mud and blood': 'Bridge Guy' witness No. 4 After three witnesses that were on the Monon High Bridge Trail around the time Abby Williams and Libby German went missing testified on Tuesday, another witness that was in the area gave an animated and fiery testimony on Wednesday morning. Delphi native, Sarah Carbaugh, took the witness stand for the prosecution for nearly an hour Wednesday morning. She said she saw a man matching the description of "bridge guy" the afternoon the girls went missing. "I'm as local as you can get," she said as her leg bounced up and down while sitting on the stand. Delphi: Witnesses in court recall seeing “bridge guy”; Delphi native reflects on Abby & Libby’s legacy Carbaugh said on the afternoon of Feb. 13, 2017 she kept on driving along County Rd. W. 300 N. past one of the entrances to the Monon High Bridge Trail to scope out how many people were parked there. She said on her last time driving by, around 4 o'clock that afternoon, she noticed a group of people at the entrance that looked stressed. A little further down the road, she said she "saw a man covered in mud and blood walking along the side of the road." She noted in court that she looked at the man but he didn't make eye contact with her. She acted out in the courtroom how she saw the man walking with his hands in front of his hips while hunched over. Surveillance video near the trail entrance confirmed that the last time Carbaugh's red Saturn passed by was at 3:56 p.m. At that time, Carbaugh was unaware that Abby and Libby were missing. Later, when she saw the picture of "bridge guy" on the news, she knew that was the man she saw on the road. But she didn't tell police for three weeks. "My inaction was me overthinking and panicking," she said. "I was having a moment." After her testimony, Richard Allen's defense attorney Andrew Baldwin spent about 35 minutes cross examining. Carbaugh changed her body language and crossed her arms and legs when Baldwin was asking her questions. Baldwin mostly focused on two parts of Carbaugh's testimony: the statements about seeing the man's clothes being covered in mud and blood, and her waiting three weeks to tell police what she saw. Baldwin pointed out that in Carbaugh's first two interviews in 2017, she never said the word blood. She just said he was covered in mud. Carbaugh said she told investigators both mud and blood. "Point out where you said blood in it," Baldwin said as he handed her a transcript of her June 19, 2017 interview. Carbaugh confidently responded by saying that she didn't see it in the transcripts before her, but she remembers talking to an officer about it. Then Baldwin said that in her third interview two years later in 2019, she only said he was covered in blood not mud— the opposite of what she said in 2017. "I understand that you're doing your job," Carbaugh said to Baldwin. "I saw a man on the side of the road with mud and blood and that's it." In her 2019 interview she said it looked like the man had just slaughtered a hog. Baldwin pointed out inconsistencies in her description of the clothes the man on the side of the road was wearing. Baldwin said that she originally said the jacket was tan and then switched to saying it was blue. Carbaugh said when she said tan she meant more brown and it was probably from the mud. The jury asked several questions to Carbaugh after her cross examination. They asked how she was able to tell there was blood on the clothes and how she compared mud to blood. Carbaugh said she saw clear blood spatter. They also asked how far away from the man she was from her when she drove by. She said she was about three feet away. Baldwin chimed in and said she claimed she was 20 feet away in one of her interviews. "I was driving," Carbaugh snapped. "I didn't [get] out and say, 'Hey I was 17 inches away.' No!" The forensic pathologist the conducted the autopsies on Abby Williams and Libby German took the stand after Carbaugh. Forensic pathologist on autopsies *WARNING: This section contains graphic details of the wounds that may not be suitable for all readers. Just after 10 a.m., the state called Dr. Roland Kohr, the forensic pathologist who conducted Abby Williams' and Libby German's autopsies, to the stand. He worked at Terre Haute Regional Hospital and had also previously served as the Vigo County, Ind. coroner. He testified that he's performed 7,700 to 7,800 autopsies over the course of his career. Kohr began his testimony by describing how he conducts autopsies and other procedures he may need to do like taking hair or fingernail samples, or using a sexual assault kit. That is all done before any cleaning of the bodies, which allowes them to better examine wounds. He said he was called on the day the girls were found and conducted their autopsies the next morning, Feb. 15. When the autopsy photos were shown, Libby's mom was emotional and one juror would glance at the picture and then put his head down in his hand and not look at the photos anymore. Dr. Kohr did Abby's autopsy first. He completed a sexual assault kit and said there wasn't any evidence of injury from sexual assault. But he clarified that doesn't mean there wasn't an assault, there was just no trauma. Kohr also noted there were two faint lines on her face. One was between her chin and lower lip and the other below her chin. While he said it looked like it could have been the edges of duct tape, he said there was no tape residue left behind. Abby had one cut to the left side of her neck. Dr. Kohr said it was a partial cut through the left jugular vein. Dr. Kohr said the transverse (horizontal) cut was about 2.75 inches long and was gaping open about 2 inches. There were no signs of blunt force trauma. He said because of some abbrasions on the right side of the wound and a clean edge on the left side, he would estimate the cut was made from right to left. He estimated it was about an inch deep. Libby's autopsy also had no evidence of sexual trauma or defensive wounds. A sexual assault kit was also completed on Libby. Dr. Kohr said Libby's right common carotid artery was partially cut and her left common corotid artery and left jugular vein were completely cut through. Dr. Kohr explained she had four wounds and possibly a fifth. Dr. Kohr said while it looks like three wounds, two of them overlapped and another one has a possibility of also being two cuts. The largest wound, on the right side of the neck, had what he called a tag at the end. He said it's more like an X pattern and it would have been someone making two passes with a sharp object, trying to be on the same line but not being fully accurate. The middle wound has the suggestion of a tag, but it's not conclusive. That's why Dr. Kohr said he can't tell with certainty if there were five cuts. There could have been a second pass on that location as well, but he's not sure. The wound on the right side of Libby's neck had five red lines on the edge of the wound. They came out from the wound's edge and were around 1 mm wide with space between them. These abbrasions are at the center of the discussion about what type of knife could have been used. In his original autopsy report, Dr. Kohr indicated these marks could mean a serrated knife was used. But, he said as he's thought more about it in recent months preparing for the trial, he thinks the marks would be more consistent with a handle or something other than a serrated blade. In court Wednesday, he testified he thinks a boxcutter was the weapon used. The thought came to him, he said, when he saw a boxcutter on his workbench in his garage and the thumb grip had several parallel lines on it that he thinks could have made the marks on Libby. That was a recent conclusion, though. In his deposition with defense attorneys in February of this year, Kohr said the weapon could have been anything from a pocket knife to a kitchen knife. He did say in the deposition that the wounds were not classic serrations and he was already walking back his serration conclusion from the autopsy reports. "I was unsettled becasue they weren't classic serrations. So, what could have caused those marks," Dr. Kohr said. Defense attorney Bradley Rozzi continued his questioning asking Kohr if he called the defense with his new conclusion about the weapon being a boxcutter. Rozzi also asked if a new report was made. Kohr answered "no" to both of those questions, but said he told the prosecution about his new conclusion. Kohr said he didn't create a supplemental report because it would have been speculative, not difinitive. "Either way, it's all speculation," Rozzi said. While the abbrasion lines were only on one wound, it doesn't necessarily mean more than one instrument was used. Dr. Kohr said the marks could have been made in only place because of different angles or pressure. However, it also doesn't rule out the possibility of more than one weapon. Dr. Kohr also said in his deposition he couldn't tell if the suspect was right or left handed. Dr. Kohr testified Wednesday that it's difficult to tell how long after they received their wounds that the girls passed away. He estimated between five to ten minutes for Abby and closer to five minutes for Libby, based on which veins and arteries were damaged. Rozzi pointed out that the girls' airways were not damaged, so they would have had time to react and scream. Dr. Kohr told the prosecution he couldn't determine Libby's time of death with precision. "The biggest challenge we face in forensics is time of death," he said. Prosecuting attorney James Luttrell asked if the girls' bodies were consistent with dying 41 hours earlier, and Dr. Kohr said yes. That would be about 3 p.m. on February 13.
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