USA Forensic Report Confirms NithyanandaVideo Authentic

7/30/2019 USA Forensic Report Confirms NithyanandaVideo Authentic

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ffi*[,]i,r: 1l r! ll_Ll5. LJJILUVeRYI, David Jon Penrod, hereinafter referred to as the Affiant, being of lawful age and first dulysworn, do depose and state as follows:1. On April 5,2012, the Affiant received via email seven (7) digital video segments of varying

lengths. These segments were included in a compressed file.2. The Affiant subsequently conducted a forensic multimedia examination of the video

segments contained within this file in order to determine if a person or persons had editedthem. Specifically, the Affiant was charged with determining if the faces of the personsdepicted in them had been morphed

3. The Affiant has been a certified forensic computer examiner since 1997 and is a formerSenior Special Agent of the US Customs Service (USCS), a law enforcement agency of thegovernment of the United States. He has conducted digital computer and video forensicanalyses of behalf of the Intemal Revenue Service (IRS), The Drug Enforcement Agency(DEA), Bureau of Alcohol, Firearms and Tobacco (AFT), The Bureau of Land Management(BLM), U.S. Army Criminal Investigation Command (Army CID), U.S. Air Force Office ofSpecial Investigations (USA AF OSI) and other federal, state, and local law enforcementagencies. The Affiant also has testified about his findings under oath in U.S., state, and U.S.Military Courts. The Affiant's CV is included herein as Attachment A.

BASIS FOR CONCLUSIONS4. The Affiant conducted the examination on the following video segments:Segment and Type

1,. O9CAOJT2.ASF2. O9CAPV12.ASF3. 09CAQ0L2.ASF4. 09CCO252.ASF5. O9CCO6C2.ASF6. 09CDJ142.ASF7. O9CE8E,D2.ASF

Date Created12/23/200912/23/200912:23:2009

12/24/200912/24/200912/2s/200e12/25/200e

Time Created23:2723:4423:451,7:241.7:2601:0407:10

Length23 ffLrn 11 sec00 min 33 sec02 min 45 sec02rlrrlrr 05 sec)02 lr,tfl 46 sec15 min 26 sec02 min 32sec

Size221M8OO6MB028MB021MBO27MB139M87016MB

5. Other than the videos themselves and the scope of the requested examination, the clientprovided the Affiant with no information about the particulars of the case. The client did not

AFFIDAVIT OF DAVIDJON PENROD 1


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provide the names of the individuals depicted in the video or the location of the scene in thevideo other than the country of origin, which is India.The segments above depict two persons within a small bedroom. The first is an Indian malein an orange, sleeve-less, pullover shirt. His black hair is long, reaching his upper back. Hehas a black or dark red dot above his nose and between his eyes. The second person is anIndian female who at times is lying on the bed with the male and aI others moving around theroom, attending to him. The male and the female appear to be physically intimate in thesegments analyzed. There is a stand to the right of the bed with an orange, metal bottle andlight purple radio/CD-player on it. Behind and above the bed there is a shelf with a smallsquare alarm clock. It appears to be 5 minutes ahead of the embedded time stamp on thevideo. Above and behind the shelf there are yellow curtains. There is a door in the far cornerof the room, to the right of the curtains. In the same corner, to the right of the door, there is afloor fan. To the right of the fan there is a media table with flat-screen television on top. Onecan see the extreme left side of a door to the right of the media table. This door appears tolead into a room.

SUMMARY OF CONCLUSIONS7. The videos at issue are consistent throughout each segment. No evidence exists on any of

them of tampering, editing, or morphing.FORENSIC ANALYSIS

The Affiant examined all individual digital frames in each segment using forensic videosoftware applications. He enhanced them for clarity and searched for anomalies in the digitaldata at pixel level. The following are the results of the forensic examination:

a. The Affiant was unable to find any variances in pixel size or color;b. He did not detect any flickering or pulsating deformations of detail;c. He did not detect inconsistencies in hue, saturation, value or luminosity;d. He did not detect distortions of lines and edges, such as blurring in an otherwise sharp

zone or hard lines and edges within a blurred one; ande. He did not detect erratic or uneven speckling and striping.


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CONCLUSION9' The Affiant believes within a reasonable degree of scientific certainty that no evidence existsto prove excision, erasure, embellishment, addition, alteration, or morphing of any of thevideo segments.FURTHER AFFIANT SAYETH NAUGHT.

STATE OF COLORADO

Penrod.WITNESS my hand and official seal.

coLrNrY oe oo,.r.qias )\JSUBSCRIBED AND swoRN to before me this /t'[* of June, 20t2 byDavid J.))

Given under hand and sealMy Commission Expires: the day and year last above written.v/+l,sl'lito., "*n,." ", 8 /q /,5

ffiffis;,w


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Attachment A

Affiant's CV


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DAVIDJ. PENRODExpert in Electronic Discovery and Computer Examinations

PenrodEllis Forensic Data Discovery1805 South Bellaire Street, Suite 401

Denver, Colorado 80222Phone: 303.691.0047 Cell: 303.945.6006

Vitae Synopsis David J. Penrod has been a certified forensic computer examiner since 1997. Heserved as the sole certified Computer Investigative Specialist for the U.S. CustomsService, Office of Investigations, District of Arizona, from 1997 to 2002. He becamea private consultant in 2004.

As a private consultant, Mr. Penrod has conducted approximately 450 forensiccomputer investigations and electronic data discovery procedures in civil, criminaland administrative cases as well as corporate internal matters. He has collected,processed and examined forensic bit-stream images from thousands of electronicdata storage devices, including stand-alone and network-linked computers, network

servers, peripheral devices, external USB hard drives and flash memory devices,optical media (CD/DVDs), digital cameras and mobile phones. Mr. Penrod haspreserved, recovered and analyzed electronically stored information on these devicesusing Guidance Softwares EnCase Forensic and AccessDatas Forensic Toolkitsoftware applications.

Since 2004 Mr. Penrod has testified under oath on 41 occasions in state, federal andmilitary courts as an expert witness in electronic discovery and computer forensics.In support of his expert testimony, Mr. Penrod prepared reports of forensicexamination describing his methodology, findings and opinions. He introducedcomputer evidence at trial supporting his published conclusions.

Mr. Penrod has authored several articles addressing computer forensics for ColoradoLaw Week and has provided Continuing Legal Education (CLE) to both criminaland civil attorneys as well as paralegals in online broadcasts as well as in person inSan Diego, Denver, Boulder, Dallas, Jackson Hole and Raleigh-Durham.

Mr. Penrod is a former Senior Special Agent of the US Customs Service (USCS),with 14 years investigative experience. Mr. Penrod conducted forensic exams from1997 to 2002 for the USCS in Arizona and New Mexico. He also examinedcomputers on behalf of the IRS, DEA, ATF, the BLM, US Army CID, US Air ForceOSI, the Tucson Police Department, the Arizona Highway Patrol, and the SantaCruz, Pima and Yuma County Sheriffs Departments. In addition to examinations,Mr. Penrod also provided technical training in computer forensics to homicide

detectives of the Pima and Yuma County Sheriff's Departments and the TucsonPolice Department.


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Date Procedure Case Docket Jurisdiction Location

6/3/11

5/12/11

10/25/10

Hearing

Hearing

Hearing

CO v McKay

Woojin v Trinkaus

CO v Shervanick

10CR1781

11CV1130

Dist Crt

Dist Crt

Dist Crt

Greeley

Castle Rock

Boulder

8/20/10 Hearing Bennett v CO Dist Crt Colorado Spgs

8/16/10 Trial CO v Eddy 08CR1733 Dist Crt Grand Junction

6/22/10 Hearing CO v Stott 09CR1849 Dist Crt Colorado Spgs

3/11/10 Trial CO v Eichsteadt 09CR1456 Dist Crt Colorado Spgs

2/12/10 Trial CO v Eddy 08CR1733 Dist Crt Grand Junction

1/19/10 Trial US v Haymond 08CR201 US Dist Crt Tulsa

1/13/10 Hearing US v Haymond 08CR201 US Dist Crt Tulsa

1/20/10 Trial US v Haymond 08CR201 US Dist Crt Tulsa

9/3/09 Trial CO v Walker 07CR702 Mesa Comb Grand Junction

9/3/09 Trial CO v Harris 08JD773 19th Dist Crt Greeley

8/21/09 Hearing McKenzie v Gravert 04DR378 El Paso Comb Colorado Spgs

5/27/09 Hearing CO v Mattson 08CR1676 20th Dist Crt Golden

4/29/09 Trial CO v Harris 08JD773 19th Dist Crt Greeley

3/4/09 Trial US v Lynn 08CR00172 US Dist Crt Fresno

11/3/08 Trial US v Dobbs 07CR149 US Dist Crt Tulsa

10/31/08 Trial US v Dobbs 07CR149 US Dist Crt Tulsa

10/23/08 Trial US v Rose CR08127D US Dist Crt Ok City

9/25/08 Trial US v Hoa Sun 07CR0262B US Dist Crt Cheyenne

4/24/08 Hearing MP v Abraham US Dist Crt Madison, WI

3/12/08 Deposition Bertoi v. Provident 07CV00967 US Dist Crt Denver

2/20/08 Trial US v Vaughn CRF050482 US Dist Crt Fresno

1/3/08 Hearing US v Vaughn CRF050482 US Dist Crt Fresno

12/19/07 Hearing US v Barnes 4:06CR0079 US Dist Crt Des Moines

12/11/07 Hearing US v Dobbs 07CR149 US Dist Crt Tulsa

8/17/07 Deposition IBP v Beveridge BC 344129 Superior Crt Los Angeles

4/24/07 Trial Harris v Luminate 06CV5235 2nd Dist Crt Denver

3/13/07 Crt Martial US v Eslinger N/A 10th SF Group Fort Carson

2/21/07 Trial US v Schene CR06282 US Dist Crt Ok City

2/14/07 Deposition Harris v Luminate 06CV5235 2nd Dist Crt Denver

1/11/07 Trial CO v Webb 18th Dist Crt Centennial

11/16/06 Hearing CO v Lippit 06CR359 11th Dist Crt Canon City

8/2/06 Hearing Lilienkamp Boulder Dist Crt Boulder

Expert Testimony

6/9/06 Trial CO v Hunsaker 03CR1173 8th Dist Crt Fort Collins


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5/2/06 Hearing CO v Archer 05CR19 17th Dist Crt Brighton

4/12/06 Hearing CO v Elliot 04CR217 5th Dist Crt Breckenridge

4/6/06 Hearing CO v Elliot 04CR217 5th Dist Crt Breckenridge

10/11/05 Trial CO v Cook 04CR3080 18th Dist Crt Centennial

6/22/05 Trial CO v Lemos 04CR1145 20th Dist Crt Boulder

10/27/04 Deposition Baca v CO 03D0503 US Dist Crt Denver

8/25/04 Hearing CO v Ward 03CR226 7th Dist Crt Montrose

ForensicCertifications

AccessData Certified Examiner (ACE),AccessData Corporation for ForensicToolkit (FTK), FTK Imager, Registry Viewer and Password Recovery Toolkit(PRTK):June 2009 to Present.

Certified Computer Examiner (CCE),#556, International Society of ForensicComputer Examiners (ISFCE):August 2006 to August 2008.

Network+, the Computing Technology Industry Association (CompTIA): December2004 to Present.

Computer Investigative Specialist (CIS), US Customs Service, Office ofInvestigations:August 1997 to February 2002

ProfessionalOrganizations

International Society of Forensic Computer Examiners (ISFCE), P.O. Box1403, Key Largo FL 33037, (305) 453-7862,www.isfce.com.

Colorado Criminal Defense Bar (CCDB), 789 Sherman Street, Suite 660, DenverCO 80203, (303)758-2454, www.ccdb.org.

National Association of Criminal Defense Lawyers (NACDL), 1150 18th St.NW, Ste. 950, Washington DC 20036, (202) 872-8600.

ComputerForensic Training

Windows Forensics (January 2006), AccessData Corp. in Madison, Wisconsin.

Forensic Bootcamp (April 2005), AccessData Corp. in Denver, Colorado.

Network+ (December 2003), TechSkills Computer Training Center in Englewood,Colorado (CompTIA Certified).

EnCase Forensics (May 1998), Guidance Software Corp. at the US Customs Cyber

Smuggling Center in Fairfax, Virginaia.

Seized Computer Evidence Recovery School (August 1997), Federal Law EnforcementTraining Center in Brunswick, GA.

Implementing & Supporting Windows (July 1997), MIDAK in Tucson, Arizona.

Child Porno. & the Internet (April 1997), SEARCH in Sacramento, California.


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Other Educationand Training

Bachelor of Arts in English (December 1982), Truman State University, Kirksville,Missouri.

Infantry Officers Basic Course (May 1983), US Army Infantry School, Ft. Benning, GA

French Army Commando School (November 1983), Commando School #10, QuartierNapoleon, West Berlin, Germany

US Army Mountain and Winter Warfare School (October 1984), Vicenza, Italy

Infantry Officers Advanced Course (July 1986), US Army Infantry School, Ft. Benning, GA

Criminal Investigator Training Program (January 1987), Federal Law EnforcementTraining Center (FLETC), Brunswick, GA

Customs Basic Enforcement School (July 1988), US Customs Academy, Marana, AZ

Physical Surveillance School (March 1989), US Customs Academy, Marana, AZ

Firearm Instructors Course(March 1996), FLETC, Brunswick, GA

Confrontational Safety Awareness Course (March 1997), US Customs National Firearms

Program Staff, Fort Benning, Georgia

Use of Force Instructors Course(February 2000), US Customs Firearms Training Branch,Ft. Benning, GA

Asset Seizure and Forfeiture Course (April 2001), U.S. Department of Justice, Phoenix,Arizona

USA Forensic Report Confirms NithyanandaVideo Authentic

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