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Saved By The Cell

cellphone.jpgCellphone records won out in court over the testimony of an eyewitness to murder and charges. The New York Times reports that prosecutors dismissed murder charges against 36-year-old Eric Wright in large part because his cellphone indicated he was nowhere near the killing and conceded that there was reasonable doubt he was not guilty.

When Tyrell Pope was killed in the East New York neighborhood of Brooklyn in July 2006, it didn't take long for cops to zero in on Eric Wright as a suspect. The two had a history of mutual animosity (Wright was suspected in an earlier shooting that had paralyzed Pope), and Wright even admitted that he had a problem with the victim but insists that he moved to New Jersey to avoid trouble.

Wright's defense attorney was skeptical when his client insisted he couldn't have been at the scene of the killing last year because he was talking with a friend on his phone. Although Wright had already been fingered as the killer by an eyewitness at the scene, attorney George Farkas pulled Wright's phone records, and they indeed showed that someone was using the man's phone in New Jersey at the exact reported time of the murder. Faced with the cellphone record evidence and contradictory eyewitness accounts of the crime, counsel for the DA's office agreed to drop the charges against Wright.

On an interesting note, the prosecution previously argued in Wright's case that phone records traced only the whereabouts of the phone itself and not its owner, so Wright's phone alibi should be discounted as possibly manufactured. That's the first we've heard of prosecutors discounting phone data as being inconclusive, given how much they seem to rely on it these days. Cellphone tracking records were a key component in the indictment of Darryl Littlejohn, which placed him in the vicinity of Imette St. Guillen's murder. Phone use was also a key component in the prosecution of Paul Cortez, who was convicted of murdering his ex-girlfriend earlier this year.

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Comments [rss]

  • guest

    Yeah America

    Actual Truth doesn't matter

    Because Technology is the truth

    I guess Civilization did end in the '70s

    humanity has just been hanging on because we are too scared and stupid to realize it

  • JRod5417

    The NYT article says that at the exact moment of the shooting, he was in New Jersey speaking on the cellphone with a friend and that he was sure of the timing because the friend was in East New York, where the gunshots actually interrupted their conversation. Doesn't anybody find it oddly coincidental?

  • Dave Hogarty

    I think the point is that certain new-fangled technological developments may seem like smoking guns at the outset, but in the end have to be taken in context as just another piece of a mosaic of evidence. Without the cellphone records, his history with the victim, eyewitness testimony, and a concerted prosecution, it's likely that Eric Wright would have been convicted of murder. Sometimes a piece of that mosaic winds up shattering the whole picture the prosecution is presenting.

  • Outter Burrougher

    #2: I believe it can be suggested that SOMEONE ELSE could try to frame a person by stealing a cell phone and taking it to the scene of the crime.

  • guest

    Most definitely the cellphone was used in the Paul Cortez case by the prosecution to convict.

  • Reality Czech

    hmmm, now I know how to kill my wife!

  • guest

    In fairness, I think it's a little different when your cellphone places you away from the crime then it does when it places you at the scene of the crime. Are we suggesting that those defendants tried to frame themselves?

  • guest

    cellphone, oneword

    cell phone, two words

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