July 19, 2011
Below is the State’s response to comments made by Mr. John Bradley, designer of the software CacheBack, in today’s New York Times article.
Two software programs were used for conducting computer analysis of searches completed during the Anthony trial. The results produced by CacheBack returned results of 84 visits. The second program, Net Analysis, returned results of 1 visit.
After the results were mentioned in court on June 23rd, Mr. Bradley contacted the State the same day. He consulted as to a potential rebuttal to the defense regarding the error in his program and
recommended using Net Analysis findings. All findings had previously been supplied to the defense in discovery.
On June 27th the discrepancy was discussed with Mr. Baez and both he & the prosecution agreed to use the Net Analysis return of 1 site visit count as the most accurate information available at
the time. If additional information became available, the State agreed to disclose. Mr. Baez brought the discrepancy forward in court testimony and again at closing with his court exhibit.
During jury deliberations Mr. Bradley admitted to sending additional report information to the wrong email address but was able to deliver information to prosecutors on the evening of July 4th. On July 5th prosecutors prepared a Notice of Supplemental Discovery for defense but it was never provided because the jury had reached their verdict.
Mr. Bradley never told prosecutors that the searches or the dates and times of the searches were inaccurate. The only inaccuracies discussed were the visit counts discrepancy and that each software program (CacheBack & Net Analysis) revealed a different number of total records. Again, all of this information was disclosed to the defense in a timely manner.
We are dismayed at the suggestion made by the defense that prosecutors would withhold exculpatory material. Court records show that the defense was completely aware of the issues, utilizing these facts at trial.
So as y’all can see I had this ready to got at 4PM Jersey time. Storm and elements, my bad.