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2019 Murder TrialtranscripttranscriptDavid Britt Dove — Direct/Cross - Day 15 - 2019 Murder TrialSLED Lieutenant David Britt Dove described the handling and logical examination of a Samsung Galaxy Note 3, then answered brief cross-examination questions about extraction software.
Shawn GrahamSuzanne MayesRobert MadsenEugene C. Griffith, Jr.David Britt DoveCourt ClerkDavid Britt DoveShawn GrahamRobert MadsenTHE COURTSuzanne Mayesdirectcross
15 pages·8 witnesses·2,299 lines
DNA analyst Stephanie Stanley, forensic pathologist Janice Ross, and Amber Kyzer testified. The court denied a mistrial motion after Kyzer became distressed on the stand.
David Britt Dove — Direct
DirectDirectDavid Britt Dove — Direct David Britt Dove Shawn Graham

BRITT DOVE, being first duly sworn, testified as follows:

24:55:22

COURT CLERK: Have a seat, please, sir. Once you're seated, state your full name, spelling your last.

34:55:43

DAVID BRITT DOVE: My name is David B. Dove, D-o-v-e.

DIRECT EXAMINATION By Mr. Graham:

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SHAWN GRAHAM: It's Lieutenant, is that correct?

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SHAWN GRAHAM: Would you tell the jury where you're employed and what you do there?

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DAVID BRITT DOVE: I'm employed by the South Carolina Law Enforcement Division, also known as SLED. I'm the Lieutenant in charge of the computer crime center. On a day-to-day basis I run -- handle the management of the unit. I assign cases. I do forensic examinations of digital items, investigations. I'm also an evidence custodian with us and handle the validation and accreditation for our unit for ASCLD and ANAB.

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SHAWN GRAHAM: How long have you worked with SLED?

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DAVID BRITT DOVE: I've been at SLED a couple of weeks short of 11 years.

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SHAWN GRAHAM: And how long have you been in law enforcement?

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DAVID BRITT DOVE: I've been in law enforcement a little over 19 years.

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SHAWN GRAHAM: And you have a document, I believe, that you brought up with you that talks about the chain of custody on a piece of item.

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DAVID BRITT DOVE: Yes, sir. I do.

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SHAWN GRAHAM: And are you considered the records custodian, as far as this particular item that we're discussing?

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DAVID BRITT DOVE: Yes, sir. I am.

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SHAWN GRAHAM: State's 91 is a Samsung cell phone. And I see a bar code with a 70140142 and an item number 27 with a green sticker. Can you tell the jury what that means?

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DAVID BRITT DOVE: What that means is once we receive an item into our lab we assign it a case number that is unique to our unit. The 70, the first two numbers, represents our unit as far as SLED goes with computer crimes. Next two numbers are the year for the case when it was originally open with our unit. And then the following four numbers are the case number for us. Then you have a dash and another number, which is the item number in that case. Every time we receive evidence in we enter it into the computer. It prints a label. We adhere the label to it. That's how we track evidence in our unit. The green dot on there, once something is processed by us it gets a green dot if it was a successful process. If there is an error or some kind of malfunction with a hard drive, for instance, it would receive a red dot.

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SHAWN GRAHAM: So there are -- the top bar code is a SLED bar code. Is that correct?

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SHAWN GRAHAM: Could you describe to the jury how that phone came to SLED, came to be in their possession?

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DAVID BRITT DOVE: Yes, sir. On September 28th, 2017 Detective Creech with the Lexington County Sheriff's Department had previously contacted me about bringing evidence in on this case. I met him when he came in. There was a large number of items. So we helped him carry the items up from downstairs to our second floor location. While he was there I was speaking with him while the items were being logged in and numbers were being adhered to them. They were also being checked and photographed. Then once the items came in and that was completed, myself and one of the other employees with the unit took the items to the evidence vault and placed them on the shelf in the evidence vault.

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SHAWN GRAHAM: As far as opening the item or getting into it, this time you would have opened it to verify serial numbers. Is that correct?

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DAVID BRITT DOVE: Yes, sir. We would have.

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SHAWN GRAHAM: And as far as doing anything else at that time, nothing else would have been done?

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SHAWN GRAHAM: So what was the date and time that it was received into SLED from Detective Creech?

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DAVID BRITT DOVE: It was logged in on September 28th, 2017 at 10:13 a.m.

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SHAWN GRAHAM: From that point on would you explain the movement of the phone to the jury.

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DAVID BRITT DOVE: Yes. After that point, after it came in -- like I said, it was a large number of items that were logged in. So after they were logged in the items were taken in place in the evidence vault on the shelf at approximately 10:40 on September 28th, 2017. Because of the items, I began processing some of the computers in the case. And then on October 13th, 2017 at approximately 13:31, 1:31 p.m., I removed this item from the evidence to begin processing it. Once I got through processing it on the same date, October 13th at approximately 3:48 p.m., I returned it to the evidence vault.

315:00:07

SHAWN GRAHAM: Let me stop you there for a second. When the item originally came in you said that you did break the seal to go into it to verify the serial numbers. Obviously with a search warrant to go in later and also make sure you had, and did you seal it at that time?

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DAVID BRITT DOVE: We reclosed it. Yes, sir.

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SHAWN GRAHAM: And then on October 13th you actually removed it out yourself and you said you did an examination on it?

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DAVID BRITT DOVE: Yes, sir. I did.

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SHAWN GRAHAM: Now, that would have been a logical examination?

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DAVID BRITT DOVE: Yes, sir. I performed -- was able to perform a logical examination of the cell phone. I was not able to get a physical examination at the time.

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SHAWN GRAHAM: So let me stop you there and let's talk about what is -- can you explain to the jury what is a Cellebrite examination and what is a logical examination?

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DAVID BRITT DOVE: Cellebrite is a software and hardware device that can be used to extract things from tablets, cell phones. You go in and it decodes a lot of the apps that you have on your phone. A lot of the information. It'll extract that information. It doesn't just strictly read only form, so that it can't put information back on the phone. Such if I wanted to type a cell phone number in there I couldn't do that. It'll pull that information off and produce it in a report. A logical is basically what you can pull out your phone and look at and see on it right now. Whereas a physical you can get deleted items. Things that you may not be able to see, you thought you deleted are still in memory. And sometimes it'll also give you additional file system information.

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SHAWN GRAHAM: So on that day of October 13th of 2017 you performed a successful, because of the green dot, logical examination. Is that correct?

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DAVID BRITT DOVE: Yes, sir. I did.

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SHAWN GRAHAM: According to the chain of custody can you explain to the jury what happens after you finish that, when you turn it back into evidence storage?

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DAVID BRITT DOVE: After I return it back on October 13th to the evidence locker, on July 30th, 2018, pursuant to request from the Prosecutor's Office and Defense in this case, there was a Defense expert that came to our office and the phone was signed out to him. At that time he took it and he performed whatever examinations he was going to do on it, research on it, and then he signed that back in on July 31st, 2018 to us at approximately 12:47 p.m.

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SHAWN GRAHAM: His name was what?

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DAVID BRITT DOVE: Jake Green.

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SHAWN GRAHAM: And would you explain how Mr. Green got access to the phone? It actually looks like from your records that he got it out on July 30th at 11:15 and he didn't return it until the next day, July 31st at 12:47. You all didn't let him leave the building with it though, right?

465:02:49

DAVID BRITT DOVE: No, sir. What happens when we have a Defense expert come to our unit for any case, because we never know if there's potential for contraband, and to also maintain the integrity of it, they will come, they sign it out from us in our unit. Now, our unit is a controlled environment. It has key swipe to get in. And the only people that are allowed in are SLED employees between 8:30 and 5:00, Monday through Friday. Outside of that 5:00 p.m. or before 8:30 the only people that are allowed into the unit are myself, the other employees of the unit and command staff are able to get access, except during an emergency situation, the fire department. So once he came in and signed it out from us he would have gone around the corner to a cube that we have set up with just a monitor and it has a cabinet that has a key in it and it has power in the key. He would have been able to set his equipment up. Once he sets his equipment up he can begin his processing. If for any time whether it's him or another expert needs to leave for the day, or they want to take lunch or go to the restroom, that cabinet they're able to use, they are able to place the item in there, close it, lock it, take the key with them when they leave. And then when they return they're able to unlock it and continue the process.

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SHAWN GRAHAM: So this shows that he finished whatever examination he was going to do and returned the item actually physically to you?

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DAVID BRITT DOVE: He returned it to me July 31st at 12:47 p.m.

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SHAWN GRAHAM: And then once you got it back in your hands what did you do with it?

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DAVID BRITT DOVE: I took it then -- he signed that out along with several other items. So I took all the items and placed them back into the evidence vault on July 31st, 2018 at 12:52 p.m.

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SHAWN GRAHAM: Back in the evidence room sitting there?

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DAVID BRITT DOVE: Yes, sir. It was in the evidence room.

555:04:39

SHAWN GRAHAM: What's the final entry that you show as far as SLED's involvement with State's 91, the Samsung Galaxy Note 3?

565:04:48

DAVID BRITT DOVE: With this item it was signed out November 26th, 2018 at 2:11 p.m., and it was signed out to Detective Phipps with the Lexington County Sheriff's Department.

575:05:00

SHAWN GRAHAM: Thank you, Lieutenant. Please answer any questions the Defense may have.

CrossCrossDavid Britt Dove — Cross David Britt Dove Robert Madsen

CROSS-EXAMINATION By Mr. Madsen:

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ROBERT MADSEN: Agent Dove, you mentioned, I guess, the Cellebrite software --

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ROBERT MADSEN: -- which is extracting from cell phones, correct?

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ROBERT MADSEN: And Mike Phipps with the Sheriff's Office basically has that same software, correct?

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DAVID BRITT DOVE: He may have -- I believe he does have that, but there's also other software out there that can be utilized.

ROBERT MADSEN: That's all the questions I have.

SHAWN GRAHAM: Nothing else, Your Honor.

THE COURT: You may stand down.

DAVID BRITT DOVE: Thank you. (Whereupon, the witness stepped down from the witness stand.)

THE COURT: All right. We're going to take about 15 minutes. We've got a few things to go over before we call the next witness. You all step into the jury room. We'll have you back out here at 2:30. (Whereupon, the jury was excused from open court for a break.)

THE COURT: We will take a break.

(Whereupon, a short break was taken.)

THE COURT: All right. Bring the jury in. (Whereupon, the jury came into open court at approximately 2:35 p.m.)

THE COURT: All right. Are we ready to continue?

SUZANNE MAYES: Yes, sir, Your Honor.

THE COURT: Call you witness.

SUZANNE MAYES: The State calls Amber Kyzer.

Continue to next page10.Amber Kyzer — Direct (Part 1)