CELLULAR EXPERT WITNESS                                                                                      Michael Cherry, Manfred Schenk and Joseph Kennedy are the ONLY experts to have ever won Innocence, Habeas, Dauberts and the Exclusion of Drive Tests and Call Detail Records (CDR's) against Historical Cell Site Analysis / Cell Tower Tracking. Cherry Biometrics Article in the ABA JOURNAL

ABOUT US                                                                                                          We are Biometric, Computer and Cellular Subject Matter Experts. Michael Cherry addressed the United Nations Counter-Terrorism Committee. His topic was Information Technology Security and the latest border-control systems that authenticate the identity of individuals through the use of iris or fingerprint scans. He also discussed the security implications of continuous software updates. 

INCOME and RESIDENCY TAXES - SIGNIFICANT SAVINGS                                                                Taxing Agencies often rely on the contents of cell phone company records to determine the location of the caller at the time he or she placed or received a call.  However, unless properly--expertly--interpreted, the contents of such records can be misleading.  For example, a caller can be physically in New Jersey but use telephone equipment located in New York.   We can provide the expertise necessary to correctly process the data in the cell phone records. We have written a computer program that can analyze the contents of cell phone records and the equipment used to determine whether in fact a person was in a particular location such as New York State when he or she placed or received a call.

 As cell phone application developers we are proud of our groundbreaking Daubert and Innocence wins including the following:

  • LISA MARIE ROBERTS was freed after serving 12 years for a murder that she did not commit. "Petitioner shall be released from custody unless the State of Oregon elects to retry her within 90 days of the date of this Opinion and Order."  The Honorable Malcolm F. Marsh United States District Judge. The Verizon RF Engineer who claimed that he could prove Lisa’s location after her initial arrest, subsequently choose to remain silent. Manfred Schenk and Michael Cherry were the Defense Cell Tower Experts and they worked closely with Attorney William Teesdale and other attorneys at the Portland, OR Federal Public Defender Office.
  • UNITED STATES OF AMERICA V. ANTONIO EVANS. "FBI Special Agent Raschke may not testify concerning the theory of granulization, which the court finds to be unreliable. In addition, the estimated coverage areas contained in summary exhibit 6 must be removed before the court will admit this exhibit." The Honorable Joan Humphrey Lefkow United States District Judge. Patrick Blegen of Blegen and Garvey was the lead defense attorney.
  • UNITED STATES OF AMERICA V. RODERICK THORNTON."The Court would have significant concerns if FBI Special Agent Fitzgerald were to offer an expert opinion on the precise street location or radius where the Defendant’s phone communications were made based on the telecommunications data and methodology identified in his testimony. However, Fitzgerald clearly indicated that based on current data and cell technology infrastructure, he could not reliably offer an opinion regarding the specific location footprint indicated by the phone calls at issue here." The Honorable Amy Totenberg United States District Judge. The defense attorney was Fenn Little. 
  • STATE OF ALABAMA V. CARGILL QUINCETTA YVONNE
    The Court will conference with attorneys concerning the admission of State's Exhibit 3 for trial purposes prior to trial. Modifications are necessary on Pages 7 and 8 or these pages are not admissible as part of Exhibit 3. Otherwise, FBI Special Agent Carman's Exhibit 3 is admissible, Teresa T Pulliam, Circuit Judge. Joseph Kennedy and Michael Cherry supported Defense Attorney, Christopher Daniel.
  • STATE OF CONNECTICUT V. EMMANUEL HILDING SALORIO The Honorable James Graham, excluded Verizon Call Detail Phone Records (CDR's) from evidence. The prosecutor wanted to use Call Detail Records to support his theory that Mr. Salorio was in the area of the victim's apartment on the night of the crime. Michael Cherry worked with defense attorney Hubert J. Santos. The prosecutor used a Verizon Custodian of Record.

We are members of several Wireless Associations including the California Wireless Association and the Telecommunications Society for Electrical and Electronic Engineers (IEEE).  

STATE OF FLORIDA V. ADRIAN DEON BROWN On May 11, 2011 Adrian Deon Brown was found not guilty of murder and he walked out of the Ocala, FL County Courthouse. The defense team included Attorney Nicole Hardin, Michael Cherry and Manfred Schenk. Prosecution experts included two Radio Frequency (RF) Engineers, one from Sprint and one from Verizon. 

STATE OF CONNECTICUT V. ANTIONE PARIS DAVIS On December 15, 2010 Antoine Paris Davis was acquitted in the Middletown, CT Superior Court. He was charged with home invasion robbery, burglary, assault, larceny, conspiracy and accessory to kidnapping with a firearm. His defense attorney Aaron J. Romano used Manfred Schenk, as his Cell Tower Expert. The prosecution used a Verizon RF Engineer Manager. 

On Sept. 20, 2012 the employment of Messrs. Joyce, Bligh, and Cashman was reinstated by their employer National Grid. Their employment was terminated eight months earlier when outside cell phone experts accused them of stealing time based on cell tower call detail records (CDR’s). The outside cell phone experts choose not to appear at the final labor arbitration hearing as Manfred Schenk was there to challenge their interpretations.

I would like to endorse Michael Cherry for anyone who has a case where 
cellular tower records are being used to locate the position of a defendant 
or witness. He assisted me greatly in my last trial that ended in a not 
guilty verdict. I spoke with the jurors who all stated after the cross exam 
of the state's expert and our presentation of evidence, the cellular tower 
location was not even a consideration. We should all be pushing for this 
evidence to be tossed out in a Daubert/Frye hearing. While one was held in 
my case and the judge allowed the evidence in, the jury was bright enough to 
know what to do with this type of evidence- throw it out! 

Thank you Mike and Manfred! 

Aaron J. Romano, P.C.- Trial Attorneys 
Bloomfield, CT 06002 

Mike and Manfred, 

Lisa Roberts was released yesterday afternoon.  The DA will not
attempt to prosecute the case again. Thank you so much for your
work on this case. It was pretty amazing to be there to pick up Lisa
at the prison gate as she was released after serving 12 years for a
crime she did not commit. Cheers, William
 
William J. Teesdale
Federal Public Defender Chief Investigator
101 S.W. Main St., Suite 1700
Portland, OR 97204                                                                                                    

The United States Department of Justice has favorably reviewed two of our fingerprint articles: How We Can Improve the Reliability of Fingerprint Identification                                     Michael Cherry; Edward Imwinkelried                                                             http://www.ncjrs.gov/app/publications/abstract.aspx?ID=238083  

A Cautionary Note About Fingerprint Analysis and Reliance on Digital Technology                     Michael Cherry; Edward Imwinkelried                               http://www.ncjrs.gov/app/publications/abstract.aspx?ID=236592 

Cherry Biometrics votes on law enforcement biometric standards at the invitation of the United States Department of Commerce, National Institute of Standards and Technology (NIST). We have been voting on international law enforcement biometric standards for the past 10 years. 

Our team of Manfred Schenk and Vincent Panevino have won several criminal fingerprint cases where their opponents were established law enforcement fingerprint experts.

COMPUTER HISTORY                                                                                                                 Manfred Schenk and Michael Cherry were early design team members of Apollo 11, The Trip to The Moon. And they were early designers of automated banking and brokerage applications. Their clients included: JP Morgan Chase, UBS, Citigroup, Western Union and NCR. They designed and built PC imaging products and solutions that were sold worldwide by IBM and Sony. Their clients included: State Farm Insurance, Kemper Insurance and Liberty Mutual Insurance.  

Link to First Information Fortress

PRESS  

http://www.newyorker.com/online/blogs/newsdesk/2014/06/what-your-cell-phone-cant-tell-the-police.html 

http://www.washingtonpost.com/local/experts-say-law-enforcements-use-of-cellphone-records-can-be-naccurate/2014/06/27/028be93c-faf3-11e3-932c-0a55b81f48ce_story.html 

Wall Street Journal Quote - Credit-Card Security Falters

ABA Journal - First Daubert Win Against FBI CAST Cell Tower Tracking   We didn't have to learn this topic - we lived it

Judge compliments our cell tower testimony

Associated Press Quote - Effort made to restore photography’s credibility

MIT Technology Review Quote - Finding Evidence in Fingerprints 

Time Magazine

 

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