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Data Recovered From DVD Leads To Conviction, 24-Year Sentence

Lucas123 writes "The Santa Cruz, Calif. DA's office had been counting on a DVD with the recorded testimony of a victim in case against a serial rapist, but when they popped the video into the player, nothing came up — the disc was blank. To make matters worse, the cop who performed the original interview with the victim told the DA she never said she was 'forced,' so the judge wasn't going to allow the witness to testify in a case where her original statement to police was in conflict with her current testimony. After two local data recovery firms said there was no way to restore the data, a third was able to recover the police interview from two years earlier, which led the defendant to plead guilty earlier this month. Close call."

12 of 231 comments (clear)

  1. eep by dissy · · Score: 5, Insightful

    Hardware: Recovered Data From a Corrupt DVD Leads To Conviction, 24-Year Sentence

    Why did my mind instantly jump to the conclusion that some data recovery tech worker did someone a favor, got sued by the MPAA, and got a 24-year sentence...

    1. Re:eep by theaveng · · Score: 3, Insightful

      Cops and other institutions are not going to copy their stored DVDs every year. They want something that they can "record once, throw in a box, and forget it". The analog tape fits that role perfectly because even though it might have some magnetic loss, it will still be watchable when Cold Case digs it out of the box in year 2030. ;-)

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  2. Re:Only Meta-Data was damaged by RiffRafff · · Score: 4, Insightful

    I can't believe the other "two local data recovery firms" got stumped by this simple problem.

    Really. I wonder what the names of those two firms are, so we'll know who NOT to go to.

    --
    "I might have made a tactical error in not going to a physician for 20 years." -- Warren Zevon
  3. Re:Only Meta-Data was damaged by sith · · Score: 4, Insightful

    Almost sounds like a DVD that wasn't finalized in a direct-to-dvd camcorder.

  4. Re:Tinfoil hat eh? by fishbowl · · Score: 3, Insightful

    I think you overestimate the resources of the Santa Cruz police.
    McCarthy? Bush? GITMO?? Seriously, Santa Cruz isn't exactly playing in that world.

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  5. hmmm by thatskinnyguy · · Score: 3, Insightful

    Couldn't they just have their local forensics lab run FTK on it? I mean, it has saved me and those I work for tons of frustration thanks to stuff like this.

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    The game.
  6. Re:So it's not only the the 3rd world after all! by bogaboga · · Score: 3, Insightful

    And you think DVDs are a big deal? Think again. On healthcare for example, we are beaten by Cuba!

    I guess you are among those who do not believe that some of these so called 3rd world countries are *slightly* ahead of us especially in what a cellphone can be used for. Now, that's a fact.

  7. Re:Tinfoil hat eh? by jackbird · · Score: 4, Insightful

    I think the GP overestimates the state of the art in 3D rendering and animation. I don't think any team anywhere could fake a video like that to the satisfaction of the people who were actually there. Much less do it in secret on a DA's budget.

  8. Re:Only Meta-Data was damaged by the_womble · · Score: 5, Insightful

    Maybe the headline should read "incompetent data recovery nearly lets rapist get away"

  9. Re:Only Meta-Data was damaged by digitalchinky · · Score: 3, Insightful

    Your comment is not insightful at all, you are just looking for someone else to drag along for the blame, for any stupid reason other than the right one. The individuals doing the investigation would have been the ones who let the rapist get away with the crime. End of story. "Here at the California DA office we routinely put all our eggs in one basket". What kind of shop are they running there anyway? - a single video recording device, one disc, a large number of months between the interview recording and the need to use that disc in court. Nobody bothers to see if the disc actually works until it's needed.

    Now that is incompetence at its finest.

  10. Re:Help! by eh2o · · Score: 4, Insightful

    Quite simple. *Never* talk to the police. http://www.youtube.com/watch?v=i8z7NC5sgik

  11. Re:Help! by denzacar · · Score: 3, Insightful

    Your first sentence answered the question you made in your second sentence. Watch the above linked video for clarification.
    Based on the fact that a cop DOES NOT LIE, when the rape victim steps into that box, swears and then says that the cop (who does not lie - EVER) said something wrong - rape victim can end up in jail for purgery.
    Or at best, just make a fool of themselves and made to appear like someone who goes around accusing innocent people for no reason.

    Correct way is to talk to a lawyer hired by you or appointed to you and have him/her talk to the police.
    Naturally, a lawyer that has two things. YOUR best interest in mind and a BRAIN.

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