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 and several Wireless Associations. Joseph Kennedy has an FCC License.
We have worked as computer programmers and analysts for communication carriers. Michael Cherry consulted at Bell Telephone Labs. Manfred Schenk consulted at International Telephone and Telegraph. Joseph Kennedy has programmed the AT&T G3 Switch used for both cell towers and land lines..
We have defeated the Call Detail Record (CDR) Business Records Exception. In some situations, it is more efficient to use a Judicial Notice of Impossibility to eliminate critical Call Detail Records.
We have also successfully used evidence hearings including Daubert and Frye to block or modify testimony and exhibits that use the following:
Proximity maps Home tower
Text message geolocation
Flawed tower depiction based on use of nearest/nearby tower
Flawed call records
Sector coverage, Sector range, Sector configuration
Tower range, Tower coverage, Tower interference, Tower configuration, Nearest Tower,
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 Convictions, based on the location of cell phones, or the sectors that they used, should be revisited, using our unpublished newly discovered information.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:
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
STATE OF FLORIDA V. ADRIAN DEON BROWN - NOT GUILTY. 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 - NOT GUILTY. 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 Messrs. Joyce, Bligh, and Cashman were 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.
Kylia Turner vs. La Tanya E. Lee - INNOCENT
From: Dan Deuprey <DDeuprey@DeupreyLaw.com>
Sent: Tuesday, April 25, 2017 11:22:37 AM
To: 'Manfred Schenk'; 'Michael Cherry'; 'Michael Cherry'
Cc: Dan Deuprey; Edward J Imwinkelried
Subject: Outcome of Turner trial
Dear Mike and Manfred:
We received a jury verdict yesterday in favor of our client (10 to 2), and I want to again thank you both very sincerely for all ofyour efforts in support of our client. By copy of this to Ed, I am also letting him know that I deeply appreciated his referral to you.
I will be available to discuss any questions you may have, but preliminarily this is to ask that any additional invoices beyond the last received be sent to me asap for transmission to the carrier for payment.
In addition to the benefits for our case, your work has been an interesting educational experience for me. I hope that I may have an opportunity some day to meet Mike personally.
Dan H. Deuprey
DEUPREY & ASSOCIATES, LLP
1901 1st Ave., Suite 330
San Diego, CA 92101
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
The location of the cell tower is not the location of the cell phone. 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, Cell Hawk 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.
CHERRY BIOMETRICS INC.
6312 Seven Corners Center #251
Falls Church, VA 22044
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