8:30am – 9:00am
Registration & Light Refreshments

9:00am – 9:10am
Introduction & Welcome Remarks

9:10am – 10:10am
Reel Talk – Part 1: The Fundamentals of Video Evidence and its Admissibility in Court

10:10am – 11:05am
Not at Face Value: Demanding More from Facial Recognition Technology

11:05am – 11:15am
Break

11:15am – 12:10pm
Challenging Pen Registers, GPS Pinging, and Cell Site Simulators

12:10pm – 1:25pm
Lunch

1:25pm – 2:25pm
Reel Talk – Part 2: A Defense Perspective on the Use of Compilation Videos in the Courtroom

2:25pm – 3:20pm
Wearables, The Cloud, and Other Sources of Data

3:20pm – 3:30pm
Break

3:30pm – 4:45pm
Truth or Tech – Navigating AI-Generated Evidence in the Courtroom

4:45pm – 4:55pm
Closing Remarks

Diane Akerman, Staff Attorney, Digital Forensics Unit, Legal Aid Society
Christopher Pelletier, Analyst, Digital Forensics Unit, Legal Aid Society

It is rare to see a case that doesn’t involve video of some kind – whether MTA surveillance, building surveillance, or from a personal device. Using that video isn’t as simple as hitting the play button. In part one of this CLE, we’ll cover the technical aspects of video, proper preservation, and forensic analysis. We’ll also cover proper authentication – both forensically and legally, and how to object to improper use of video by the prosecution at grand jury or trial.

1.0 CLE credits in Areas of Professional Practice

Tamar Lerer, Deputy Public Defender, Forensic Science Unit, New Jersey Office of the Public Defender

Facial recognition “matches” are trapping defendants in police investigations. But there’s a lot we need to know about any facial recognition system, its inputs, and its outputs, to understand a match. This CLE discusses how to contextualize a match in your case, what discovery to ask for, and what to do when you don’t get it.

1.0 CLE credits in Areas of Professional Practice

Jerome D. Greco, Director, Digital Forensics Unit, Legal Aid Society

PRTT, E-911 pinging, NELOS, LOCDBOR, etc. Search warrants for tracking cell phones in real time are littered with acronyms and industry terms, hiding the significant invasions of privacy and legal issues. This presentation will explore the world of device tracking, as well as how to identify the surveillance technologies used in your clients’ cases and legal methods to challenge them.

1.0 CLE credits in Areas of Professional Practice

Joel Schmidt, Staff Attorney, Digital Forensics Unit, Legal Aid Society|
Lisa Brown, Senior Analyst, Digital Forensics Unit, Legal Aid Society

Compilation videos in the grand jury, compilation videos at trial, it seems compilation videos are everywhere these days. The proliferation of surveillance cameras is making the use of compilation videos more common than ever before. We will cover the various legal and technical arguments that may be available to challenge the admissibility of compilation videos, and when they can be legally admissible and beneficial in support of the defense case.

1.0 CLE credits in Areas of Professional Practice

Gregory Herrera, Staff Attorney, Digital Forensics Unit, Legal Aid Society
Brandon Reim, Senior Analyst, Digital Forensics Unit, Legal Aid Society

Since data sources vary from case to case, this presentation will explore some alternative sources of potential evidence. We will cover fitness/smart watch data and how it keeps track of health, location, and more. We will also look at cloud data and what popular services await us in the cloud. Finally, we will take a peek at some data from unlikely places.

1.0 CLE credits in Areas of Professional Practice

Brian Chase, Managing Director of Digital Forensics and eDiscovery, Archer Hall

As technology advances, the manipulation of digital content has become more sophisticated and accessible than ever. It is now easier to generate or alter photos, videos, audio recordings, and even handwriting, raising critical questions about the integrity of evidence presented in legal proceedings. With the rise of AI-generated content, we must consider how these advancements can potentially compromise the reliability of evidence in court.

1.5 CLE credits in Ethics

Diane Akerman is a Staff Attorney in the Digital Forensics Unit of the Legal Aid Society. Diane consults with attorneys and investigators on digital forensic evidence in both criminal and civil matters. Her work involves both uncovering and investigating the technologies themselves, developing litigation strategies, and advocating for policy changes. Diane has litigated numerous Freedom of Information Law requests regarding surveillance technology, including uncovering the use of controversial facial recognition technology by the Richmond County District Attorney’s Office. She has created numerous training programs on the use of Body Worn Camera by both the NYPD and other state and city law enforcement agencies. Prior to joining the Digital Forensics Unit, Diane was a Staff Attorney in the Queens and Manhattan trial offices.

Lisa Brown is a Senior Digital Forensics Analyst with twelve years of service at The Legal Aid Society. She possesses a master’s degree in digital forensics, complimented by certifications in computer, mobile, and video forensics. Throughout her career, Lisa has examined an extensive array of digital evidence, including hundreds of computers, cell phones, videos, and cell site records.

Brian Chase is a consultant, expert witness, adjunct professor of law, and attorney. He is the former owner of Chase Technology Consulting, a legal technology consulting firm providing digital forensics and e-discovery expertise. He now serves ArcherHall’s Managing Director of Digital Forensics and eDiscovery.

Mr. Chase has a diverse education and work background. He spent years working as a network administrator for the University of Arizona. He has a Management and Information Systems degree from the Eller College of Management at the University of Arizona, a top ranked program in the country. Mr. Chase went on to earn a law degree, also from the University of Arizona. Before turning to digital forensics, he worked as a trial attorney handling criminal defense and personal injury cases. Mr. Chase has worked as a digital forensics expert for over a decade and has testified over 35 times as an expert in criminal and civil matters ranging from misdemeanors to murder to medical malpractice.

Mr. Chase has published and spoken on various technology related issues impacting law firms as well as parties in the civil and criminal justice system. He teaches various topics regarding law and technology, and digital forensics and evidence, at a variety of legal and technical conferences. He was honored by the Tucson Hispanic Chamber of Commerce and the Arizona Daily Star with a “Tucson’s 40 Under 40 Award”, which recognizes young leaders who are making an impact in the community with their professional and charitable work.

Jerome D. Greco is the Director of The Legal Aid Society’s Digital Forensics Unit. Over the past nine years, he has expanded the Unit from four analysts and one lab to three analysts, two senior analysts, six staff attorneys, one director, one paralegal, and two labs. Jerome works closely with attorneys and investigators on issues involving electronic surveillance technology, cell phone extractions, location tracking, and facial recognition, among other fields. In the last five years, he has presented over seventy digital forensics and electronic surveillance related CLEs and trainings. Prior to joining the Digital Forensics Unit, Jerome worked as a trial attorney in the Society’s Staten Island and Manhattan criminal defense offices from 2011 to 2016. In addition to his work with technology, Jerome is experienced in litigating freedom of information requests and is an advocate for government transparency.

Gregory Herrera is a Staff Attorney with the Digital Forensics Unit of The Legal Aid Society. He was previously with The Bronx Defenders in the Criminal Defense Practice as a Senior Staff Attorney representing clients in felony and misdemeanor cases. As a CUNY School of Law graduate, he participated in the school’s Defenders Clinic, Moot Court team, and Latin American Law Students Association (LALSA). He also interned at the Northern Manhattan Improvement Corp., Mental Hygiene Legal Services, The Legal Aid Society Criminal Appeals Bureau, and The Bronx Defenders. He speaks Spanish fluently.

Tamar Lerer serves as the Deputy Public Defender of OPD’s Forensic Science Unit. In that role, Tamar supports the litigation of attorneys across the agency over all scientific fields, as well as litigating such issues herself in trial and appellate courts. Prior to joining NJOPD in 2014, Tamar clerked for the Hon. Stephen H. Glickman of the District of Columbia Court of Appeals. She received her J.D. from Yale Law School in 2013 and her B.A. in Economics and Political Science from Swarthmore College in 2009.

Christopher Pelletier is an Analyst in the Digital Forensics Unit of the Legal Aid Society. He graduated from Saint Peter’s University in Jersey City, New Jersey with a Bachelor of Science degree in Computer Science. Chris has been certified as a Certified Computer Examiner (CCE) by the International Society of Forensic Computer Examiners (ISFCE), is a current LEVA Certified Forensic Video Technician (CFVT), Medex Certified Media Examiner (MCME), and is also a current Cellebrite Certified Mobile Examiner (CCME). He has been helping Legal Aid Society clients with their digital data since mid-2019.

Brandon Reim is a Senior Digital Forensics Analyst in the Digital Forensics Unit of the Legal Aid Society. He graduated from Bloomsburg University with a Bachelor of Science in Digital Forensics. He also holds numerous certifications, including Cellebrite Certified Mobile Examiner (CCME), Cellebrite Certified Recovery Specialist (CCRS), and is an IACIS Certified Mobile Device Examiner (ICMDE). Brandon works primarily on Mobile Devices, with an emphasis in getting data from broken, damaged and stubborn devices.

Joel Schmidt is a Staff Attorney in the Digital Forensics Unit of the Legal Aid Society. He advises attorneys on how to best litigate issues related to digital evidence in their cases, including facial recognition, ShotSpotter, cell site location information, social media evidence, cellphone extractions, compilation videos, and methods for challenging government search warrants for digital data. Joel has delivered Continuing Legal Education programs to attorneys on the topics of location tracking and cellphone extractions. Prior to joining the Digital Forensics Unit, Joel was a Staff Attorney in the Queens Criminal Defense Practice where he represented thousands of clients on misdemeanor and felony matters and delivered Continued Legal Education programs to hundreds of attorneys across all five boroughs of New York City. He is a graduate of Boston University School of Law.