ll_Ll5 LJJILUVeRY ffi*[,]i,r: . r!

1l

I, David Jon

Penrod, hereinafter referred to as the Affiant, being of lawful age and first duly sworn, do depose and state as follows:

1.

On April 5,2012, the Affiant received via email seven (7) digital video segments of varying lengths. These segments were included in a compressed file.

2. The Affiant subsequently

conducted a forensic multimedia examination of the video segments contained within this file in order to determine if a person or persons had edited them. Specifically, the Affiant was charged with determining if the faces of the persons depicted in them had been morphed

3.

The Affiant has been a certified forensic computer examiner since 1997 and is a former Senior Special Agent of the US Customs Service (USCS), a law enforcement agency of the government of the United States. He has conducted digital computer and video forensic analyses of behalf of the Intemal Revenue Service (IRS), The Drug Enforcement Agency (DEA), Bureau of Alcohol, Firearms and Tobacco (AFT), The Bureau of Land Management (BLM), U.S. Army Criminal Investigation Command (Army CID), U.S. Air Force Office of Special Investigations (USA AF OSI) and other federal, state, and local law enforcement agencies. The Affiant also has testified about his findings under oath in U.S., state, and U.S. Military Courts. The Affiant's CV is included herein as Attachment A. BASIS FOR CONCLUSIONS

4.

The Affiant conducted the examination on the following video segments: Segment and Type

Date Created
12/23/2009 12/23/2009
12:23:2009

Time Created
23:27

Length
23 ffLrn 11 sec
00 min 33 sec 02 min 45 sec 02rlrrlrr 05 sec)

Size

1,. O9CAOJT2.ASF

221M8
OO6MB

2. O9CAPV12.ASF 3. 09CAQ0L2.ASF 4. 09CCO252.ASF 5. O9CCO6C2.ASF 6. 09CDJ142.ASF 7. O9CE8E,D2.ASF

23:44
23:45
1,7:24 1.7:26

028MB 021MB
O27MB

12/24/2009 12/24/2009 12/2s/200e 12/25/200e

02 lr,tfl 46 sec
15

01:04 07:10

min 26

sec

139M87 016MB

02 min 32sec

Other than the videos themselves and the scope of the requested examination, the client provided the Affiant with no information about the particulars of the case. The client did not

AFFIDAVIT OF DAVIDJON

PENROD

provide the names of the individuals depicted in the video or the location of the scene in the video other than the country of origin, which is India. The segments above depict two persons within a small bedroom. The first is an Indian male in an orange, sleeve-less, pullover shirt. His black hair is long, reaching his upper back. He has a black or dark red dot above his nose and between his eyes. The second person is an Indian female who at times is lying on the bed with the male and aI others moving around the room, attending to him. The male and the female appear to be physically intimate in the segments analyzed. There is a stand to the right of the bed with an orange, metal bottle and light purple radio/CD-player on it. Behind and above the bed there is a shelf with a small square alarm clock. It appears to be 5 minutes ahead of the embedded time stamp on the video. Above and behind the shelf there are yellow curtains. There is a door in the far corner of the room, to the right of the curtains. In the same corner, to the right of the door, there is a floor fan. To the right of the fan there is a media table with flat-screen television on top. One can see the extreme left side of a door to the right of the media table. This door appears to lead into a room.

SUMMARY OF CONCLUSIONS

7.

The videos at issue are consistent throughout each segment. No evidence exists on any them of tampering, editing, or morphing.

of

FORENSIC ANALYSIS The Affiant examined all individual digital frames in each segment using forensic video software applications. He enhanced them for clarity and searched for anomalies in the digital data at pixel level. The following are the results of the forensic examination:

a. b.

The Affiant was unable to find any variances in pixel size or color; He did not detect any flickering or pulsating deformations of detail; He did not detect inconsistencies in hue, saturation, value or luminosity; He did not detect distortions of lines and edges, such as blurring in an otherwise sharp zone or hard lines and edges within a blurred one; and He did not detect erratic or uneven speckling and striping.

c.
d. e.

CONCLUSION

9' The Affiant believes within a reasonable

to prove excision, erasure, embellishment, addition, alteration, or morphing of any of the

degree of scientific certainty that no evidence exists

FURTHER AFFIANT SAYETH NAUGHT.

STATE OF COLORADO

coLrNrY oe
Penrod.

oo,.r.qias \J

) )

SUBSCRIBED AND swoRN to before me this WITNESS my hand and official seal.

/t'[*

of June, 20t2 byDavid J.

l'lito.,

"*n,."

", 8 /q /,5

Given under hand and seal the day and year last above written. My Commission Expires:

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Attachment A
Affiant's CV

DAVID J. PENROD
Expert in Electronic Discovery and Computer Examinations PenrodEllis Forensic Data Discovery 1805 South Bellaire Street, Suite 401 Denver, Colorado 80222 Phone: 303.691.0047 Cell: 303.945.6006

Vitae Synopsis

David J. Penrod has been a certified forensic computer examiner since 1997. He served as the sole certified Computer Investigative Specialist for the U.S. Customs Service, Office of Investigations, District of Arizona, from 1997 to 2002. He became a private consultant in 2004. As a private consultant, Mr. Penrod has conducted approximately 450 forensic computer investigations and electronic data discovery procedures in civil, criminal and administrative cases as well as corporate internal matters. He has collected, processed and examined forensic bit-stream images from thousands of electronic data storage devices, including stand-alone and network-linked computers, network servers, peripheral devices, external USB hard drives and flash memory devices, optical media (CD/DVDs), digital cameras and mobile phones. Mr. Penrod has preserved, recovered and analyzed electronically stored information on these devices using Guidance Softwares EnCase Forensic and AccessDatas Forensic Toolkit software applications. Since 2004 Mr. Penrod has testified under oath on 41 occasions in state, federal and military courts as an expert witness in electronic discovery and computer forensics. In support of his expert testimony, Mr. Penrod prepared reports of forensic examination describing his methodology, findings and opinions. He introduced computer evidence at trial supporting his published conclusions. Mr. Penrod has authored several articles addressing computer forensics for Colorado Law Week and has provided Continuing Legal Education (CLE) to both criminal and civil attorneys as well as paralegals in online broadcasts as well as in person in San Diego, Denver, Boulder, Dallas, Jackson Hole and Raleigh-Durham. Mr. Penrod is a former Senior Special Agent of the US Customs Service (USCS), with 14 years investigative experience. Mr. Penrod conducted forensic exams from 1997 to 2002 for the USCS in Arizona and New Mexico. He also examined computers on behalf of the IRS, DEA, ATF, the BLM, US Army CID, US Air Force OSI, the Tucson Police Department, the Arizona Highway Patrol, and the Santa Cruz, Pima and Yuma County Sheriffs Departments. In addition to examinations, Mr. Penrod also provided technical training in computer forensics to homicide detectives of the Pima and Yuma County Sheriff's Departments and the Tucson Police Department.

Expert Testimony

Date
6/3/11 5/12/11 10/25/10 8/20/10 8/16/10 6/22/10 3/11/10 2/12/10 1/19/10 1/13/10 1/20/10 9/3/09 9/3/09 8/21/09 5/27/09 4/29/09 3/4/09 11/3/08 10/31/08 10/23/08 9/25/08 4/24/08 3/12/08 2/20/08 1/3/08 12/19/07 12/11/07 8/17/07 4/24/07 3/13/07 2/21/07 2/14/07 1/11/07 11/16/06 8/2/06 6/9/06

Procedure
Hearing Hearing Hearing Hearing Trial Hearing Trial Trial Trial Hearing Trial Trial Trial Hearing Hearing Trial Trial Trial Trial Trial Trial Hearing Deposition Trial Hearing Hearing Hearing Deposition Trial Crt Martial Trial Deposition Trial Hearing Hearing Trial

Case
CO v McKay Woojin v Trinkaus CO v Shervanick Bennett v CO CO v Eddy CO v Stott CO v Eichsteadt CO v Eddy US v Haymond US v Haymond US v Haymond CO v Walker CO v Harris McKenzie v Gravert CO v Mattson CO v Harris US v Lynn US v Dobbs US v Dobbs US v Rose US v Hoa Sun MP v Abraham Bertoi v. Provident US v Vaughn US v Vaughn US v Barnes US v Dobbs IBP v Beveridge Harris v Luminate US v Eslinger US v Schene Harris v Luminate CO v Webb CO v Lippit Lilienkamp CO v Hunsaker

Docket
10CR1781 11CV1130

Jurisdiction
Dist Crt Dist Crt Dist Crt Dist Crt

Location
Greeley Castle Rock Boulder Colorado Spgs Grand Junction Colorado Spgs Colorado Spgs Grand Junction Tulsa Tulsa Tulsa Grand Junction Greeley Colorado Spgs Golden Greeley Fresno Tulsa Tulsa Ok City Cheyenne Madison, WI Denver Fresno Fresno Des Moines Tulsa Los Angeles Denver Fort Carson Ok City Denver Centennial Canon City Boulder Fort Collins

08CR1733 09CR1849 09CR1456 08CR1733 08CR201 08CR201 08CR201 07CR702 08JD773 04DR378 08CR1676 08JD773 08CR00172 07CR149 07CR149 CR08127D 07CR0262B 07CV00967 CRF050482 CRF050482 4:06CR0079 07CR149 BC 344129 06CV5235 N/A CR06282 06CV5235 06CR359 03CR1173

Dist Crt Dist Crt Dist Crt Dist Crt US Dist Crt US Dist Crt US Dist Crt Mesa Comb 19th Dist Crt El Paso Comb 20th Dist Crt 19th Dist Crt US Dist Crt US Dist Crt US Dist Crt US Dist Crt US Dist Crt US Dist Crt US Dist Crt US Dist Crt US Dist Crt US Dist Crt US Dist Crt Superior Crt 2nd Dist Crt 10th SF Group US Dist Crt 2nd Dist Crt 18th Dist Crt 11th Dist Crt Boulder Dist Crt 8th Dist Crt

5/2/06 4/12/06 4/6/06 10/11/05 6/22/05 10/27/04 8/25/04

Hearing Hearing Hearing Trial Trial Deposition Hearing

CO v Archer CO v Elliot CO v Elliot CO v Cook CO v Lemos Baca v CO CO v Ward

05CR19 04CR217 04CR217 04CR3080 04CR1145 03D0503 03CR226

17th Dist Crt 5th Dist Crt 5th Dist Crt 18th Dist Crt 20th Dist Crt US Dist Crt 7th Dist Crt

Brighton Breckenridge Breckenridge Centennial Boulder Denver Montrose

Forensic Certifications

AccessData Certified Examiner (ACE), AccessData Corporation for Forensic Toolkit (FTK), FTK Imager, Registry Viewer and Password Recovery Toolkit (PRTK): June 2009 to Present. Certified Computer Examiner (CCE), #556, International Society of Forensic Computer Examiners (ISFCE): August 2006 to August 2008. Network+, the Computing Technology Industry Association (CompTIA): December 2004 to Present. Computer Investigative Specialist (CIS), US Customs Service, Office of Investigations: August 1997 to February 2002

Professional Organizations

International Society of Forensic Computer Examiners (ISFCE), P.O. Box 1403, Key Largo FL 33037, (305) 453-7862, www.isfce.com. Colorado Criminal Defense Bar (CCDB), 789 Sherman Street, Suite 660, Denver CO 80203, (303)758-2454, www.ccdb.org. National Association of Criminal Defense Lawyers (NACDL), 1150 18th St. NW, Ste. 950, Washington DC 20036, (202) 872-8600.

Computer Forensic Training

Windows Forensics (January 2006), AccessData Corp. in Madison, Wisconsin. Forensic Bootcamp (April 2005), AccessData Corp. in Denver, Colorado. Network+ (December 2003), TechSkills Computer Training Center in Englewood, Colorado (CompTIA Certified). EnCase Forensics (May 1998), Guidance Software Corp. at the US Customs Cyber Smuggling Center in Fairfax, Virginaia. Seized Computer Evidence Recovery School (August 1997), Federal Law Enforcement Training Center in Brunswick, GA. Implementing & Supporting Windows (July 1997), MIDAK in Tucson, Arizona. Child Porno. & the Internet (April 1997), SEARCH in Sacramento, California.

Other Education and Training

Bachelor of Arts in English (December 1982), Truman State University, Kirksville, Missouri. Infantry Officers Basic Course (May 1983), US Army Infantry School, Ft. Benning, GA French Army Commando School (November 1983), Commando School #10, Quartier Napoleon, West Berlin, Germany US Army Mountain and Winter Warfare School (October 1984), Vicenza, Italy Infantry Officers Advanced Course (July 1986), US Army Infantry School, Ft. Benning, GA Criminal Investigator Training Program (January 1987), Federal Law Enforcement Training Center (FLETC), Brunswick, GA Customs Basic Enforcement School (July 1988), US Customs Academy, Marana, AZ Physical Surveillance School (March 1989), US Customs Academy, Marana, AZ Firearm Instructors Course (March 1996), FLETC, Brunswick, GA Confrontational Safety Awareness Course (March 1997), US Customs National Firearms Program Staff, Fort Benning, Georgia Use of Force Instructors Course (February 2000), US Customs Firearms Training Branch, Ft. Benning, GA Asset Seizure and Forfeiture Course (April 2001), U.S. Department of Justice, Phoenix, Arizona