I'm back at the courthouse today for the last day of the Laura Babcock murder trial this week.
It's expected that Mark Smich's lawyer, Tom Dungey, will begin his cross of retired OPP officer Jim Falconer this morning.
Dellen Millard's cross is still open from yesterday though (he's representing himself), so there's a chance he may ask some more questions first.
We're in the courtroom now, just waiting on the jury.
We're now in session, just waiting on the jury.
The jury is now coming in. We're getting started.
"As often happens if you give a cross examiner overnight, he finds a couple more questions to ask," Justice Code says. Millard is now continuing his cross.
I'll try to make this as clear as possible, but it was quite difficult to understand a lot of his points and questions yesterday.
He's asking about backups with iTunes and iPhones, and how a user has to choose to do a full backup of their phone.
Millard is asking if backup files can be deleted. Falconer says yes. "There's no special programming guard within iTunes that would prevent a person from deleting them, is there?" Falconer says no, he doesn't believe so.
Falconer says the backups used in his presentation were "intact backups."
Millard now asking about deleting files on phones and computers. He says data might still sit there after deletion until something overwrites it, so it could be recovered. Falconer says yes, typically that's the case.
"It becomes truly overwritten with other data, making it unrecoverable," Falconer says.
Falconer now talking about how deleting files can be different on a phone, versus a computer.
Millard is now asking about "batch deletes."
Millard asking if the iPad backup that was recovered had been deleted. Falconer says it was intact.
We've seen lots of texts in Falconer's presentation that had been deleted, but were recovered by computer software.
Millard now asking about the "notes" feature on iPhones.
Milllard is asking about file creation dates in metadata, and file modification dates.
"So with the last modification date, we can take from that the file hasn't been changed since that date?" Millard asks. Falconer says yes.
"Somebody could modify files 100 times, and we'd still only see the last modified date?" Millard asks. Falconer says yes. "You could create a file that's blank, put one space in it with the space bar, and then that's the creation date?" Millard asks. Falconer again says yes.
Millard now asking about copying and pasting info from one note to another new note, so that content from an earlier one could end up in the creating date of the second note file.
"So what are you asking me?" Falconer says. "I'm trying to get at the concept that the creating date of a note does not necessarily reflect the creation of the content of a note," Millard says.
"What I'm trying to point out, is the creation date of a note, cannot with absolute certainty, reflect the creation of the content of a note," Millard says. "Correct," Falconer says.
Millard is now back to asking about deleted text and iMessages.
Millard is asking about where blank spaces showed up in extraction reports for cellphones that we've seen. Falconer says he believes those were emoticons.
Millard says he's now putting an exhibit on the screen.
It appears to be a photo of Smich, and map coordinates from its GPS metadata.
Apparently it's a video that Smich appears in, not a photo. It was shot at a Mississauga address.
Millard says he's not playing the video, but is pointing out a brick wall and a white ceiling behind him in the screenshot.
Now we're seeing another screen grab of Smich from the video. Millard is again pointing out the background, and asks if it's the same location. Falconer says it appears to be.
Millard is now pointing out some lights hanging from the ceiling in the screen grab.
Millard says he's suggesting this movie was taken in the basement in Maple Gate. Falconer says he just looked the coordinates up again, and they're again coming back to the Mississauga address.
Millard is now showing the difference between the two addresses on a map.
So what's happening here: Falconer's report says a movie of Smich was shot at a Mississauga address. Millard is suggesting that's wrong, and it was shot in the basement of his Maple Gate home.
Falconer says for the things in his court presentation, things are "vetted very carefully." This screenshot Millard is pointing out is from his larger files.
Millard now asking Falconer to go to the movie file himself and watch it. Millard says "I don't want to hear the volume."
"This is very, very far out on the fringes of utility and reference Mr. Millard," Justice Code says. "At some point, you've gotta move on."
Basically, there may have been an error in the GPS data from that video. But it wasn't included in the court presentation, so it wasn't double checked.
Millard is now showing text messages from 2005.
Millard says one of the phones is associated with Christina Noudga. The texts seem to span several months, they're not chronological.
Millard is asking if these texts are in the backup data. Falconer is checking.
"I'm concerned about relevance here ... this is seven years before," Justice Code says. Millard is saying the data is in error. Falconer says he can't say whether it is or not.
Millard is asking when the iPhone was first released. Falconer says he doesn't know.
