• Voroxpete@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    52
    ·
    edit-2
    24 hours ago

    This case is insane. They didn’t actually charge her until something like a year after the murder because the cops so badly fucked the initial investigation, but the prosecution still got a conviction with barely minutes worth of jury deliberation, because of what a fucking terrible job she did of covering it up.

    The 911 call alone is a horror show. The defense tried to use it to show how sad and scared she was, and then the prosecution proceeded to play the entire call, with a stopwatch running from the time she agrees to start CPR - not when she is first asked to by the dispatcher, but when she actually finally relents and agrees to try - to the first actual compression. Six god damn minutes. She is something like ten minutes into the 911 call at this point. During that time she repeatedly informed the dispatcher that she wasn’t in the room when it happened. Zero interest in saving her husband’s life, only in establishing her alibi.

    Oh, and she claims that her phone was in the room with her husband while she was away (in her kids room) but the records on the phone show that it was unlocked several times over fifteen minutes before she dialled 911. After finding her husband unconscious this woman managed to waste almost half an hour before starting CPR.

    She had multiple searches on her phone for things like “How much fentanyl is lethal”, “Can deleted texts be recovered from an iPhone”, “How to remotely wipe an iPhone”, and “Luxury women’s prisons”, which reads like an avant-garde short story about someone doing a crime. She met up with a convicted drug dealer multiple times despite having no prior history of drug use. She wrote a letter to her mother detailing an extensive scheme of witness tampering that she was to rope Kouri’s brother into, with notes on all of the exact lies he should tell. She changed two different life insurance policies on her husband to have her as the only beneficiary just weeks before he died.

      • Voroxpete@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        11
        ·
        edit-2
        22 hours ago

        Depends. They might have broken in without her password. For all we know her pin was “1234”. They might have pulled files directly from the hardware without logging in at all. Or they might have just used her biometrics, which is legal in most jurisdictions.

        That last one is really important to understand. Courts have generally ruled that refusing to give up a password falls under the fifth amendment right against self incrimination, because it’s considered a form of speech. But biometric data is not speech, and can be obtained via a warrant. So if the cops are allowed to press your fingertip to an ink pad and then a piece of paper, they can also press your fingertip to the sensor on your phone. By the same token they can point the phone camera at your face, just like they can point a camera at you when they book you. It’s all just biometrics, which aren’t protected in the same way. (Yes, its a little more complicated than that, legally speaking, but that’s basically how it’s been argued in court, and many courts have agreed).

        And once either of those actions happens to coincidentally unlock your phone, they have free reign to search the contents and even remove your passwords entirely for their future convenience. That all falls under the standard search and seizure provisions.