Joseph Kennedy, Manfred Schenk and Michael Cherry are the only experts to have ever won Innocence, Habeas, Dauberts, and the Exclusion of Drive Tests, Drone Tests, LSite and Call Detail Records (CDR's), against Historical Cell Site Analysis / Cell Tower Tracking. USA v. Roderick Thornton was our first Drive Test Exclusion. USA v. Evans was our first Federal Daubert. Lisa Roberts was our first Innocence.
Our precedent setting wins have been discussed in the following journals: THE WASHINGTON POST, THE NEW YORKER, THE ABA JOURNAL, THE ECONOMIST, THE ASSOCIATED PRESS 12/11/2016 and THE ASSOCIATED PRESS 3/29/2017.
We understand the science. We are members of IEEE Communications Society. We have worked as computer programmers for communication carriers. The long running myth that calls are simply assigned to nearby cell towers, either the closest or the strongest signal, has helped to place a large number of individuals in prison. We could spend the rest of our lives freeing them.
We challenge, and then modify or exclude exhibits that use Call Detail Records and Drive Test Proximity Maps. This unreliable evidence can be arranged in an endless number of theoretical but unprovable cell phone location / movement theories. We sucessfully challenge this subjective evidence even when it is presented by individuals with very convincing job titles, i.e., RF Engineers. Once again, we could spend the rest of our lives freeing innocent individuals.
We are engaged as experts in both pre-and post-conviction cases for defendants in multiple states and federal jurisdictions across the country. Convictions, based on the location of cell phones, or the sectors that they used, should be revisited, using our unpublished newly discovered information.
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.
Some of our major Daubert and Innocence cases include:
We are members of several Wireless Associations including the California Wireless Association and the Communications 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
FINGERPRINT and BITE MARK HABEAS
We are imaging and biometric subject matter experts. We provide analysis, exhibits and testimony. There are several important "newly discovered" issues that need to be advanced.
Frequently fingerprint and bite mark images are improperly enhanced. Most examiners base their opinions on a side-by-side comparison of two images. That approach focuses on similarities and overlooks spatial congruency. By congruency we mean the geometry definition of identicalness in shape and dimension, i.e., the placing of a highlighted latent image on top of a highlighted exemplar’s image.
Our exhibits obey the rules. We vote 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. We have testified at the National Academy of Sciences.
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
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.
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