The State is compelled, however, to also point out that even a cursory review of the cell tower records and fax cover sheets makes it clear that what Syed characterizes as an “unambiguous warning” does not relate to the cell tower records relied upon at trial by the State’s expert and admitted into evidence, but rather applies to information listed on documents titled “Subscriber Activity” reports.
The flaw in Syed’s argument is that the cellphone records relied upon by the State’s expert and entered into evidence at trial were not Subscriber Activity reports. … Under these circumstances — and having corrected the misimpression advanced, presumably inadvertently, by Syed — counsel’s failure to confront the State’s expert witness with a fax cover sheet that corresponded to an altogether different document can hardly be called ineffective … Indeed, had Gutierrez challenged the State’s expert with a notation in a boilerplate legend from a generic fax cover sheet that applied to a separate report, she would have run the unwarranted risk of looking foolish or disingenuous to the jury.
Last year, when we were reporting the Adnan Syed case, we here at Serial actually spent a good chunk of time investigating this very same disclaimer on the fax cover page from AT&T. Dana emailed and called AT&T repeatedly, but they never answered the question about the disclaimer. Dana also wrote to Waranowitz, asking for help understanding the cell records, but he never responded. Finally Dana ran the disclaimer past a couple of cell phone experts, the same guys who had reviewed, at our request, all the cell phone testimony from Adnan’s trial, and they said, as far as the science goes, it shouldn’t matter: incoming or outgoing, it shouldn’t change which tower your phone uses. Maybe it was an idiosyncrasy to do with AT&T’s record-keeping, the experts said, but again, for location data, it shouldn’t make a difference whether the call was going out or coming in.
Here's the affidavits. http://cjbrownlawcom...LY-EXHIBITS.pdf
Good luck getting the cell phones thrown out.
Edit: And Koenig did see the warning there. My memory failed me.