David Freskos, the plaintiff’s forensics witness, testified on August 17 that the Los Angeles County Sheriff’s Department “violated fundamental forensics principles” when responding to a complaint from Rafael Mendez Jr., who witnessed Deputy Joey Cruz showing off crash scene photos at a California bar. Capt. Jorge Valdez investigated the January 29, 2020, complaint, but, as Freskos concluded, “a complete investigation could not be carried out” due to Sheriff Alex Villanueva directing those tied to the incident to delete the photos immediately, per Nicki Swift’s reporter. As such, the investigation into sharing crash site photos became more difficult, Freskos testified.
Freskos further analyzed the findings of Kroll Associates, the firm which conducted the forensic investigation. Kroll couldn’t find any photos of human remains on any of the suspected devices, leading Freskos to believe the evidence was permanently destroyed. Out of the 11 deputies ordered to turn in their phones, nine bought new devices, which made the recovery process harder. Per Nicki Swift’s court reporter, Freskos testified Cruz had his phone “wiped or reset to factory settings” before turning it in. What’s more? Former Fire Captain Brian Jordan handed over his work computer missing its internal hard drive, per the findings.
Ultimately, Freskos stressed the importance of immediately preserving and making forensic copies of devices in these situations. However, the defense argued this is an “aspirational” scenario, stating LASD was under no obligation to order deputies to turn in their devices.
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