Defense expert: Garcia's phone was contaminated by police

Posted at 4:37 PM, Oct 21, 2016
and last updated 2016-10-21 18:28:15-04

An expert witness for the defense in Anthony Garcia's trial, accused in the Creighton killings, claims investigators contaminated evidence when they removed data from Garcia's phone.

Garcia is charged with the murders of Thomas Hunter and Shirlee Sherman in 2008, and Dr, Roger and Mary Brumback in 2013 allegedly as revenge for being fired from the Creighton Pathology Department in 2001.

Giovanni Masucci, the defense's digital forensics expert, testifies that the way Garcia's data was extracted from his iPhone and the iCloud contaminated the files.

Nick Herfordt, an OPD Digital Forensic Analyst, said earlier in trial he put the iCloud info on his old phone that he wiped clean.

Masucci believes that there wasn't a search for Roger Brumback on the phone made by Garcia May 12, 2013 because the integrity of the evidence had been compromised.  Masucci says the report showed someone even accessed Garcia's phone after he was arrested.

Randy Paragas, a legal analyst, says it's important for the defense to try and disprove this crucial piece of evidence.

"When that evidence got put in I'm sure the jury was just amazed that they would have that type of evidence so now all of the sudden to cast some doubt in that it's very important for the defense to do that because that it damning evidence for the defense,” Paragas explained.

County Attorney Don Kleine questioned Masucci about how much of the phone and iCloud data he actually looked at, and why he didn't look at the raw data which he says shows the Brumback search was made.  Masucci said he had limited reports.  He admitted he will make $550/hour to testify in court.

Also on the stand Friday were a husband and wife who were neighbors with the Brumbacks.  They said they didn't hear any gunshots on Mother's Day 2013.

Finally, Yvonne Villapando, the Des Moines Motel 6 employee who checked Garcia in that day, said that she remembered HIM and that he was with a woman.

“Yeah he was normal, looked like a regular guest,” Villapando described.  "He asked me where he could get some tacos, and I told him where everybody goes.”

Prosecutors suggest he was with a prostitute at that hotel.

Once testimony was done and jurors had left there was more yelling in front of the judge.  Kleine says the defense has been lying to the court and Bob Motta Jr. says the prosecution has been lying to them.