US forensic expert testifies

CEBU, Philippines - The defense lawyers of the couple who are facing charges for using their children in their cybersex operation questioned the hard drive confiscated from their computer and raised the possibility that it was tampered by authorities.

Public Attorney’s Office lawyer Liza Marie Patalinghug raised this issue when she cross- examined Matthew Swenson, the US computer forensic expert whom the prosecution presented as their last witness.

The hard drive was allegedly retrieved from the computer owned by couple Rolando and Analisa Padilla last June 1, 2011.

During cross-examination, Swenson said that it was given to him last October 2011, afterwhich he examined it and retrieved some files that he presented to the court.

Patalinghug said that because of the length of time given to Swenson by the members of the National Bureau of Investigation, there is a possibility that it was tampered or some files were erased.

But Swenson quickly answered that based on his examination,no tampering was made on the said hard drive.He admitted, though, that the computer’s last shutdown was dated December 2010, as Patalinghug manifested before the court based on the report submitted by Swenson himself.

Swenson said that based on his experience, there are instances when the date of computer login or shut down is changed by its users to avoid problems especially if their programs are near the expiry date. Owners would do this to avoid payment or penalty for the expired program, he added.

Patalinghug also asked Swenson if the photos he retrieved from the hard drive could be considered as nude.

Swenson answered no, but admitted that there is a big possibility that the nude photos were saved in the computer of the person who viewed them through the webcam, citing several of these cases he investigated in United States.

Patalinghug also questioned the credibility of Swenson as expert, but he assured the defense counsel that he can present certification to prove his expertise.

Assistant Provincial Prosecutor Lolita Lomanta told reporters that the testimony of Swenson is a big impact on their case against the couple. Lomanta said this will prove the couple engaged in cybersex operations. She also downplayed the manifestation of the defense counsel of the possibility that the hard drive used as evidence was tampered.

“Layo ra kaayo na gumikan kay wala man tay nakita nga adunay motibo ang atong mga tinugyanan sa balaod nga e-tamper ang ebidensya,” said Lomanta. (That’s far fetched. Our law enforcers will not do that.)

Swenson, in his testimony, explained to the court how he retrieved data from the hard drive of the couple’s computer and tracked visits made to the website of money transfer facilities.

He was also able to recover some photographs, one showing one of the couple’s daughter wearing only a bra. The other photos recovered showed a male Caucasian with the suspects’ three-year-old daughter.

Swenson told the court that the messages he recovered from the hard drive confirmed that the couple negotiated their customer payment through chat and money transfer.

The customer reportedly negotiated with the couple and asked that he be shown the three-year-old girl without her clothes on, before payment is sent. But the suspects wanted payment first.

Vice Governor Agnes Magpale who attended the hearing said she was satisfied with the presentation of Swenson and his answer during cross examination.

The vice governor said it is a big help to the campaign of the provincial government against cybersex operations.

Mandaue City Regional Trial Court Branch 55 Assisting Presiding Judge Silvestre Maamo gave the prosecution 20 days to submit their formal offer of evidence. Another hearing is set on August 17, 2012.

The couple were arrested by the agents of the National Bureau of Investigation with the assistance of United States agents. The children used by the couple in their operations are with the Department of Social Welfare and Development in Lapu-Lapu City. (FREEMAN)