1.Ian Whiffin — Direct/Cross/Redirect/Recross
687 linesBAILIFF: This court is now in session. Please be seated.
COURT CLERK: Good morning, Your Honor. May I proceed?
THE COURT: Yes, please.
COURT CLERK: Your Honor, before the court today we have the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by Attorney Kevin Reddington, and the Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.
THE COURT: All right. Well, good morning, everyone. Good morning, counsel.
MS. SPRAGUE: Good morning.
THE COURT: Good morning, Ms. Clancy.
MS. CLANCY: Good morning.
THE COURT: All right. Before we bring the jury in, could I see everybody just for a few seconds?
BAILIFF: All rise, please.
BAILIFF: Hear ye, hear ye, hear ye. All persons having anything to do before the Honorable William Sullivan, Justice of the Superior Court, now sitting in Plymouth within the Commonwealth of Massachusetts, this court is now in session. Please be seated.
COURT CLERK: Good morning, Your Honor. May I proceed?
THE COURT: Please.
COURT CLERK: Your Honor, before the court today we have the continuation of the jury trial in the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by Attorney Kevin Reddington. The Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.
THE COURT: Well, good morning, everyone.
JURORS: Good morning.
THE COURT: Nice to see everyone. I hope everybody had a chance to kinda rest up a little bit, and come back here, and we're gonna get right back to the trial. So what I'm gonna do first, ask you those questions since we had a long, a long break, and then talk a little bit about the schedule and kinda today's schedule and kinda where we go from here. So, so first question, as you know, has any member of the jury read, seen, heard, or overheard anything from any source about any aspect of this case that would affect your ability to be a fair and impartial juror?
JURORS: No.
THE COURT: All right. Next question, is there any other serious matter or concern bearing on your service as a juror in this case that anybody needs to bring to my attention at this time?
JURORS: No.
THE COURT: Again, thank you so much for following those instructions. So, today's schedule is that it may be kinda a little bit stop and start, okay? So kinda bear with us on that. Might be a couple times you gotta take a break just after a short amount of time, and then we'll bring you back in. It's just the nature of cases at this point. It's anticipated that the Commonwealth will close their portion of the evidence today. All right. Then at that point, the defendant has the opportunity, if they want to, to present witnesses and evidence if they want to. But remember, they don't have to. The burden of proof is always on the Commonwealth. All right. If the defendant offers evidence, then the Commonwealth is then given the opportunity to offer rebuttal evidence. All right. And so that's kinda the next phase that we're about to go into after the Commonwealth rests. And I'll go into a little bit more kinda how that goes, but I just kinda wanted to kinda see where we are and where everything's gonna fit procedurally as we go forward from here. So with that, we're gonna return to the Commonwealth, Commonwealth's case, and Attorney Sprague?
MS. SPRAGUE: Thank you, Your Honor. Commonwealth calls Ian Whiffin.
COURT CLERK: [oath administered]
IAN WHIFFIN: I would rather affirm, I do.
THE COURT: All right. Good morning, sir.
IAN WHIFFIN: Good morning.
THE COURT: All right. Attorney Sprague, please.
MS. SPRAGUE: Thank you. Good morning. Can you please state and spell your name for the record?
IAN WHIFFIN: Yes, it's Ian Whiffin. I-A-N W-H-I-F-F-I-N.
MS. SPRAGUE: Where do you work?
IAN WHIFFIN: At Cellebrite.
MS. SPRAGUE: What is Cellebrite?
IAN WHIFFIN: Cellebrite is a digital intelligence company, working in the digital forensics field.
MS. SPRAGUE: And how long have you worked there?
IAN WHIFFIN: Since 2020.
MS. SPRAGUE: What is your role at Cellebrite?
IAN WHIFFIN: I'm currently a customer engagement manager.
MS. SPRAGUE: What does that mean?
IAN WHIFFIN: I work with customers, helping users of our tools to understand the digital evidence that they're finding and presenting.
MS. SPRAGUE: And what does digital evidence consist of?
IAN WHIFFIN: Any information which is extracted from a cellphone, primarily, or from a computer, which can be interpreted by the examiner and presented as evidence. It could be call history, messages, location data, media, anything that you can find from a digital device.
MS. SPRAGUE: And could you just briefly describe your education on training background that qualifies you to do this work?
IAN WHIFFIN: Yeah. I've worked in IT for many years. In 2013, I began my career within Calgary Police Service in Canada as a digital forensics examiner. That was after spending approximately nine or 10 years working as a patrol officer in the UK and in Canada. As part of my role as a digital forensics examiner within the Calgary Police, I went on numerous training courses. The Canadian Police College, they did a introductory course into digital forensics, and then further courses focusing on mobile data provided by some vendors such as BlackLight or Cellebrite at the time, as well as further courses presented by the Canadian Police College, specifically about cellphones.
MS. SPRAGUE: And Cellebrite, the software produced by Cellebrite, is that software used to extract and analyze data from cellphones and computers?
IAN WHIFFIN: Yes. There are several tools within our catalog. One of them is designed to extract as much data as possible from a cellphone. And then one of the other tools is designed to take that extracted data, decode it, decrypt it, make sense of it, and provide it to the user in a way which can be searched, filtered, organized, reported, and presented.
MS. SPRAGUE: Does Cellebrite's ability to access cellphone data continually change based on improvements that are done to the phones themselves?
IAN WHIFFIN: Yes. There's constantly changes being made to devices which make it difficult to extract the data. There are changes being made to the software that means that the data that we extract is now different to the data that we extracted previously. A new feature, for example, or a change that's made by the software developer. So we're constantly changing our software to be able to extract that data and to decode more data.
MS. SPRAGUE: Were you asked to locate Apple Health data and other information that could be relevant to the investigation of an incident that occurred at 47 Summer Street in Duxbury on January 24th, 2023?
IAN WHIFFIN: I was, yes.
MS. SPRAGUE: And what is Apple Health data?
IAN WHIFFIN: Apple Health is a component of the iOS operating system, which logs sensor data from multiple locations. So there's sensors built within an iPhone that monitor steps taken, flights climbed, for example, as well as third-party devices, Apple Watches, Fitbits, any other device like that. All the information is brought into the Apple Health application, aggregated, and made available for the user to see.
MS. SPRAGUE: Roughly how many phone extractions have you done?
IAN WHIFFIN: Since around 2013, well over 1,000 phones.
MS. SPRAGUE: And how many times have you done analysis on phone extractions?
IAN WHIFFIN: The analysis is part and parcel. So of those 1,000 phones or so which I've extracted, I've done analysis on all those phones as well.
MS. SPRAGUE: And then you've also done analysis on extractions, like in this case, where someone else did the extraction and provided the information to you and you did the analysis?
IAN WHIFFIN: Correct. Yeah. Whenever I'm helping customers, or users of our tools, they may provide me with the extracted data. So the data which I'm analyzing is more than the devices I've extracted.
MS. SPRAGUE: And have you testified previously in courts about what you've done in terms of extracting and analyzing information?
IAN WHIFFIN: Yes. I've testified in multiple courts around the world, approximately 28 times.
MS. SPRAGUE: Now, you received a copy of the extraction for Lindsay Clancy's iPhone 13, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And when you received that extraction, did you also wanna know all the specific information about the case and the investigation?
IAN WHIFFIN: Typically, when I'm working a case, I don't want to know a lot of detail. I'd rather come to my own conclusions based on the data that I'm viewing rather than, you know, know the intricacies of the case. All I require is an outline, the date that something happened, the time, who was involved, basic information.
MS. SPRAGUE: And in terms of the extraction that was done on Lindsay Clancy's iPhone, that extraction, what type of extraction was it?
IAN WHIFFIN: That's what's called a full file system extraction. It's essentially all of the data which has been extracted from the device that is still live.
MS. SPRAGUE: And did you use specific tools to conduct your analysis?
IAN WHIFFIN: Yes. There's the Cellebrite Physical Analyzer tool, created by Cellebrite and also my own tooling, applications I've been working on for several years.
MS. SPRAGUE: So you've actually made your own tools that allow you to examine phone extractions?
IAN WHIFFIN: Correct. There's some tools that I've been working on since prior to joining Cellebrite, tools that as an examiner I decided that I needed to create for myself, and make available to others. And I still use those tools to this day.
MS. SPRAGUE: And these tools that you used, are those the tools that allow you to examine and categorize the information, the data that you find in the extraction?
IAN WHIFFIN: Yes. The primary point of the tool is to go into the data, decode it, provide it in a way which is easy to filter and search, but also additional tools there that allow you to dig into the data and look at the raw information, the databases, the files, all of the raw information, which is what our tools initially decode.
MS. SPRAGUE: And did you focus in on a particular timeframe when looking at the data on the defendant's iPhone?
IAN WHIFFIN: Primarily I knew that the date of the incident was the 24th of January, 2023, so that was the main focus of my analysis. But some of the data I was aware could be from further afield than that, so I took a look of, I think it was around three weeks before that, so early January to late January.
MS. SPRAGUE: Were you able to look at the health data on January 24th, 2023 that was in the defendant's phone extraction?
IAN WHIFFIN: I was, yes.
MS. SPRAGUE: And what is health data? And how is it... How does it show up on a phone?
IAN WHIFFIN: The user of the phone would be able to access the health data via the health application, where the information's broken down to explain how many steps have been taken over a particular period of time, the approximate distance that was traveled, the number of stair flights that were climbed. That data is stored on the device itself in a database. So as a forensic examiner, I can take a look at that database in its raw form, understand exactly where that information's coming from, and present it to the user of our forensic tools in a slightly more forensic-friendly method than the user of the application on the phone would see.
MS. SPRAGUE: Showing you on the screen here, page four of your report.
MS. SPRAGUE: Looking here, we have a section here, heart rate data. Is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And you're able to see here...
MS. SPRAGUE: What can you tell about the heart rate data from the extraction?
IAN WHIFFIN: So heart rate data comes from wearing an Apple Watch or a similar device, not from the phone itself. In the case of this phone, there was an Apple Watch paired to the device, and all of the heart rate data, which is recorded periodically throughout the day, is stored within the health database.
MS. SPRAGUE: And what was the name associated with the Apple Watch?
IAN WHIFFIN: So as it says in the third paragraph down, the Apple Watch itself was called Lindsay's Apple Watch.
MS. SPRAGUE: And here in the report, you're able to show the recorded heart rates throughout the day. How is the heart rate recorded and sent to the phone?
IAN WHIFFIN: There are sensors on the Apple Watch itself on the rear, which periodically check the heart rate at any given time, and that information is sent to the phone via Bluetooth.
MS. SPRAGUE: And are you aware of how often an iWatch will record the data and report it to an iPhone?
IAN WHIFFIN: The actual cadence at which the watch is checking would depend on what the user's doing. So if you were in the middle of a workout, it would be a lot more consistent than just periodically throughout the day. And I actually don't know how often it is throughout the day if you're not doing any particular workout. There doesn't seem to be a set cadence. Every device I've looked at, it's slightly different.
MS. SPRAGUE: I'm showing you page five of your report. This database of the heart rates. For example, in several locations there'll be a heart rate report maybe a few seconds in between them, and others, there's seven or eight minutes in between the heart rate report. Is that where you're talking about how it varies depending on what you're doing at that point in time?
IAN WHIFFIN: Yes. This is typical from what you see when you look at the database. The timestamps are never consistently at a recognizable cadence.
MS. SPRAGUE: And the highlights in green, what do those represent?
IAN WHIFFIN: So I actually tried to just highlight some of the high points for the day. I realized a few days ago while reviewing this, there was records there that show a high of one twenty-three and one twenty-two, which I'd not highlighted.
MS. SPRAGUE: And that's right there right below—
IAN WHIFFIN: Correct.
MS. SPRAGUE: —one eleven forty-six.
IAN WHIFFIN: Yes.
MS. SPRAGUE: And what was the last time a heart rate was reported from the watch to the defendant's phone?
IAN WHIFFIN: So the last heart rate recorded was at seventeen twenty-three fifty-two, so twenty-three minutes past five in the afternoon, with a heart rate of fifty-seven beats per minute.
MS. SPRAGUE: What was the average heart rate for the day for the defendant's phone?
IAN WHIFFIN: There was a range of heart rates, going between, as low as, I believe around fifty and as high as around one twenty-two. On average, it was around high eighties, early nineties.
MS. SPRAGUE: And so at five twenty-three PM, the last recording of her heart rate was fifty-seven?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And there aren't any further heart rates reported to the phone after that point, correct?
IAN WHIFFIN: That's correct.
MS. SPRAGUE: And what are some of the reasons why a watch would no longer be reporting a heart rate to the phone?
IAN WHIFFIN: If the watch was taken off, if the watch was turned off, uh—
MS. SPRAGUE: If the battery died—
IAN WHIFFIN: …the battery was dead, yes.
MS. SPRAGUE: You also mentioned flight climb data. What is that?
IAN WHIFFIN: Flight climb is information which the Apple Health application stores every time it detects that you walk up a flight of stairs. So a flight of stairs would be considered either a three-meter or ten-foot incline at over sixteen steps. So the device has detected that both the altitude has changed by ten feet, and there were steps being walked at the same time.
MS. SPRAGUE: So there's two factors being considered there, the steps that your watch monitors as you walk, and then the altitude. Is that correct?
IAN WHIFFIN: That's correct.
MS. SPRAGUE: And what is it? Is it GPS or something that's keeping track of your altitude?
IAN WHIFFIN: The altitude's being monitored by a barometer or an altimeter, which is inside the device, just measuring for differences in air pressure.
MS. SPRAGUE: And this information, the flight climb data, can that be monitored by both a watch and your phone if you have it on you?
IAN WHIFFIN: It is. Both devices have got the barometers built in. Both devices can monitor flight climb events.
MS. SPRAGUE: Can anything simulate or kinda fake out the watch or the phone into thinking that a flight of stairs is being climbed when it's not?
IAN WHIFFIN: There are some circumstances where that can happen. They're typically quite rare, but it can happen.
MS. SPRAGUE: Is an example of that being in a car and going up a hill?
IAN WHIFFIN: Correct. Yes. If there is movement which the device can mistake for steps at the same time as the incline is being driven, then that could accidentally record a flight climb.
MS. SPRAGUE: But if a person's not in a car and then is in their home, then it would be flights climbed, not hills being driven, correct?
IAN WHIFFIN: Correct. If the person is in a house, and there are flight climbs being recorded, then the only rational explanation is that the person was climbing stairs.
MS. SPRAGUE: How is the data in terms of flight climb data, how is that data displayed, or in the health data itself?
IAN WHIFFIN: Within the application or within the forensic tool?
MS. SPRAGUE: Within the forensic tool.
IAN WHIFFIN: Okay. So within the forensic tool, we break down—or within Physical Analyzer, we break down the health data into hour segments. So for an hour, we may say that there are three flight climbs. And then it's up to the user to dig in a little further. They can select that one hour and then see how that activity breaks down over the hour. So you would see that there were two flight climbs that occurred ten minutes after the hour, and then, you know, another flight climb occurred later on.
MS. SPRAGUE: So showing you page six of your report here.
MS. SPRAGUE: The top box here-
IAN WHIFFIN: Mm-hmm.
MS. SPRAGUE: ...is that showing the general hour data where three flights have been climbed?
IAN WHIFFIN: Correct. So in this case, the user's looking at a time period between ten AM and eleven AM. And the health data that's been pulled from the database has been aggregated. And it tells you that there's ninety-eight samples being considered. The maximum heart rate during that hour-long period was a hundred and eight. The distance traveled was approximately seven hundred and fifty-nine meters, and there were five flights climbed within that hour.
MS. SPRAGUE: And then below that, you break that down a little further, correct?
IAN WHIFFIN: Correct. So this is further down the screen in the interface, where we can see actual time of ten seventeen twenty-seven, where there's two flights climbed. And again, another record at ten seventeen twenty-eight, where there were two flights climbed, and then a further flight climb at ten forty-nine.
MS. SPRAGUE: And then going down to the bottom here, this table, what are we seeing here in this table?
IAN WHIFFIN: So you may have realized in the slide above where there was two flight climbs at seventeen seconds past and two flight climbs at eighteen seconds past, that's an unrealistic measurement. It's because one of those measurements comes from the phone and one comes from the watch. This table breaks it down to say which of these records came from the watch and which came from the phone because there are some which overlap.
MS. SPRAGUE: So what you're saying is the prior table, it showed the four flights of stairs being climbed at the same time within seconds, which isn't rational. But this breaks it down to show some of that data is coming from the watch and some of it is coming from the phone, correct?
IAN WHIFFIN: Correct. So if we look at records four and five here, for example, we can see a start time of ten seventeen twenty-seven and an end time of ten to twenty-seven oh-six, where the watch recorded two flight climbs. And then one second later, a start time, and two seconds later for the end time, we see the watch also detected two flight climbs. This is just the same two flight climb events that happened, but both devices recorded those flight climbs with slightly different timestamps.
MS. SPRAGUE: And that will happen if I'm wearing my watch and I have my phone in my pocket and I go up the stairs?
IAN WHIFFIN: That's correct.
MS. SPRAGUE: Did you do something to compare these times and make a table where you ignored or disregarded the double entries?
IAN WHIFFIN: I did. I tried to correlate and discard all of the duplicate information. So where there was an event of a flight climb that was recorded on the watch and the phone, rather than provide information that said there was two flight climbs, I would ignore one of them and limit it to just the ones which we could prove happened.
MS. SPRAGUE: And that's displayed here in this chart at the bottom of page seven of your report?
IAN WHIFFIN: Correct.
MS. SPRAGUE: I'm going to page eight of your report. We have here at the top of page eight.
MS. SPRAGUE: Does that show the last flight climb recorded on either the defendant's phone or watch?
IAN WHIFFIN: It does. It shows that there was additional flight climb events logged by the phone which were not logged by the watch, at seventeen oh three and seventeen thirty-three.
MS. SPRAGUE: So these records indicate that at five oh three PM, the defendant's iPhone was with the person as it went up the stairs, and then at five thirty-three PM, the iPhone was with the person as it went up the two flights of stairs.
IAN WHIFFIN: Correct.
MS. SPRAGUE: And there's a time difference there. The start time is five thirty-three PM, and the end time is five thirty-eight PM, for two flights of stairs, so that's roughly five minutes in between the two flights. Is there a way to explain that, that length of time?
IAN WHIFFIN: The way the Apple Health data records this information aggregates it. It tries to group events together. So in this case, it would have recognized that there was a flight climb on the phone at around seventeen thirty-three, thirty-four, and a second one at around seventeen thirty-eight, thirty-three, and it just grouped them both into one event. It doesn't mean that it took five minutes to walk up two flights of stairs. It's just within that five-minute period, there were two flight climbs.
MS. SPRAGUE: So if I have my phone in my pocket and I climb up a flight of stairs, and then I spend a few minutes on that floor, and then, still with my phone in my pocket, go up another flight of stairs, that's representative of what we're seeing here at five thirty-three?
IAN WHIFFIN: Correct. There tends to be around a ten-minute window where it tries to check every ten minutes, but it can reduce that window in a case like this where it sees that there's grouped data within a smaller time period.
MS. SPRAGUE: And then further down on page eight, we have another table here, which seems to have combined data of heart rate and flight climb data. Is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: Did you also look at web usage on the extraction of the defendant's phone?
IAN WHIFFIN: I did, yes.
MS. SPRAGUE: And what did you do to look at the web usage on the phone, and what timeframe did you look at?
IAN WHIFFIN: For web usage, I expanded the time of interest to early January to the twenty-fourth of January, and just took a look at any web history over that time. There was over thirteen hundred records recovered. I took a cursory look down that list and highlighted some which potentially were relevant to the case and then provided the thirteen hundred actual records as a appendix report.
MS. SPRAGUE: And...
MS. SPRAGUE: Going to page twelve of your report.
MS. SPRAGUE: Looks like you started here on January tenth, twenty twenty-three. Is that correct?
IAN WHIFFIN: That's correct.
MS. SPRAGUE: And basically here you list various searches that occurred on each day between January tenth and January twenty-fourth from the extraction. Is that correct?
IAN WHIFFIN: That's correct. Broken down by day, with the time of the search, the website that was visited, the title of the webpage, and then the identifier in the database.
MS. SPRAGUE: And looking at these searches, on January twelfth, twenty twenty-three...
MS. SPRAGUE: At nineteen forty-eight, so that would be seven forty-eight PM, is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: There was a search. In the title, it says, "How quickly does Wellbutrin work for depression?" Is that the title? Is that what the user is putting into the search?
IAN WHIFFIN: If I could see the search, please.
MS. SPRAGUE: We'll zoom in on that.
IAN WHIFFIN: Yeah. So, the top entry here we can see starts with https://www.google.com/search, question mark q. The text after the q, "How quickly does Wellbutrin work?" is what the user searched. Typically that is exactly as the user typed it, assuming that there are no auto-completions in place. In this particular case, it appears it was searched using Safari, so there's no auto-completion. That is essentially what the user typed in. And then the title, how quickly does Wellbutrin... Wellbru- I can't say that word, I'm afraid.
MS. SPRAGUE: Wellbutrin.
IAN WHIFFIN: Wellbutrin, thank you, work for depression Google search is the title of the page which Google assigns.
MS. SPRAGUE: So where it says after the Q, how plus quickly plus does plus, the user's not putting in those pluses, correct? Is that... What were you calling those?
IAN WHIFFIN: So that's part of the attribute. It's how you... The data's encoded in a URL or in a web search. You can't have spaces within this address string, so they replace the spaces with the plus sum, plus symbol.
MS. SPRAGUE: So I type in how quickly does, and the computer adds the pluses in the space bars?
IAN WHIFFIN: Yes. It's URL encoding to make it safe for the browser.
MS. SPRAGUE: And then at seven forty-nine, there's a search for Lamictal for depression.
IAN WHIFFIN: For... Yes, and depression spelled with a B at the end instead of an N, which demonstrates this is what the user typed in rather than a page that was being visited.
MS. SPRAGUE: And then a few minutes later at seven fifty-five PM, the user typed in Elavil for depression, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: Then on page sixteen, on January 18th, 2023...
MS. SPRAGUE: At ten twenty-five...
MS. SPRAGUE: We have a search there, ketamine for suicidal ideation. Is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And again, that's the user typing that in?
IAN WHIFFIN: Yeah. Again, those words were typed in by the user.
MS. SPRAGUE: And then on January 19th, 2023, on page seventeen of your report...
MS. SPRAGUE: We have symptoms of postpartum psychosis searched on January 19th.
IAN WHIFFIN: Correct.
MS. SPRAGUE: And again, so we're looking at... This is AM, correct? Nine twenty-four AM that was searched.
IAN WHIFFIN: Yes, the morning.
MS. SPRAGUE: And then nine thirty AM, there's another search for psychosis symptoms.
IAN WHIFFIN: Yes.
MS. SPRAGUE: Going back to that same page, page seventeen, at the bottom for January 24th, we have here searches for Kids MiraLAX at four oh-two PM, and take out three V at four thirteen PM. Is that correct?
IAN WHIFFIN: That's correct.
MS. SPRAGUE: And then CVS Pharmacy at four forty-seven PM, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: There was also an Apple Note that you found in the records, correct?
IAN WHIFFIN: There was.
MS. SPRAGUE: The Apple Note, in your report it says it was created on December 22nd, 2022 at 10:23 AM. Strike that. And then modified at 10:23 AM on January 23rd, 2023. Correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And are you able to tell what in the note was modified?
IAN WHIFFIN: No. There's no real auditable log to look back and see how many times it's been modified over the course of its life. I was able to do some amount of recovery to see that, on the day it was created, it started in a very similar way to as it's written on the 24th or 23rd of January. But the exact changes between when it first was created and the last time it was modified, we don't know.
MS. SPRAGUE: And then you also looked at messages, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And were you able to compile the messages that were sent and received between the defendant and her mother and the defendant and her husband on January 24th, 2023?
IAN WHIFFIN: I did, yes.
MS. SPRAGUE: And were you able to arrange it using the tools that you use in a way that looks like you might see it on your phone?
IAN WHIFFIN: Yeah. I tried to prepare it in a report which would be easy for any viewer to understand, based on their own usage of text messaging.
MS. SPRAGUE: So showing you page nineteen of your report...
MS. SPRAGUE: What we have here is an enlarged version of what you might see on your phone, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And so someone's... Is this, in blue, is this Lindsay's phone?
IAN WHIFFIN: It is. The messages in blue on the right would be outgoing. The messages in gray on the left would be incoming.
MS. SPRAGUE: And so we have a photo being sent out to, from Lindsay's phone to her mother, and then a reply coming back, and that pattern goes on and on, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And then looking at page twenty-two, you were able to do the same in terms of her contact with Patrick Clancy. Did I say correct?
IAN WHIFFIN: I did, yes.
MS. SPRAGUE: And so in gray, we have Patrick Clancy sending a message to Lindsay Clancy, and in blue is the response, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: Were you... Excuse me. Were you also able to look at the phone calls that occurred either incoming or outgoing to the defendant's phone on January 24th, twenty-twenty-three?
IAN WHIFFIN: I did, yes.
MS. SPRAGUE: And looking at page twenty-seven and twenty-eight of your report. First on page twenty-seven. Just looking closely at the phone. Here in the report it says twenty-twenty-four. Is that a typo or is that supposed to be twenty-twenty-three?
IAN WHIFFIN: That's meant to be twenty-twenty-three, yes. I apologize.
MS. SPRAGUE: Okay. And so what we see here, can you just tell us what these columns are?
IAN WHIFFIN: Yeah. The start time of the call, typically when it is answered by the recipient. The end time, when the call's ended. The metadata is information including who the call was to or from, how long the call lasted, and then the reason that the call disconnected, and then a record ID. So if you had the database, you could go in and find this record based on the ID number.
MS. SPRAGUE: And looking at page twenty-eight.
MS. SPRAGUE: Now, this is the continuation of that table regarding the phone calls. Is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And so what we're seeing here is at seventeen thirty-three, which would be five thirty-three PM, there's an incoming call from Patrick to Lindsay's phone. Is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And it says duration eight seconds. Does that... Sorry, zero seconds. Does that mean it was not answered?
IAN WHIFFIN: In this case, it was an unanswered call.
MS. SPRAGUE: And then at five thirty-four PM, roughly a minute later, there's an outgoing call from Lindsay's phone to Patrick's, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And that call was approximately fourteen seconds?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And then at six O nine PM, another incoming call from Patrick to Lindsay that went unanswered.
IAN WHIFFIN: That's correct.
MS. SPRAGUE: Now, you also, in a section you called media, you have some photographs that were taken from the phone with some metadata included, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: What is metadata?
IAN WHIFFIN: Metadata is information about that photograph. It could be the device that captured it, the time that it was captured, the location, information about the lens, the lighting, et cetera.
MS. SPRAGUE: And so looking at page twenty-nine of your report, just for an example, what we have here are three photographs, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And the metadata for the first one shows captured at South Shore Medical Center. Is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: How were you able to determine that's where that photograph was taken?
IAN WHIFFIN: The metadata of the photo included the latitude and longitude, where the image was captured. I took that latitude and longitude and looked on Google Maps to see a physical address. In this case, it came down to the South Shore Medical Center.
MS. SPRAGUE: And then the third photo here, that shows captured at the home address on Summer Street. Is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And then you looked at device usage. What is device usage?
IAN WHIFFIN: Device usage would relate to how the user is operating the device. So when they have it unlocked, locked, what application's being used any particular time. Essentially anything which is not a message or a phone call or results in additional data like that.
MS. SPRAGUE: And looking at page thirty-two of your report, in that device usage log, it shows that the last time the device usage was logged was at five thirteen PM, correct?
IAN WHIFFIN: So this table relates just to the locking and the unlocking of the device. So the last time the device was unlocked was at seventeen thirteen sixteen. The device was locked again, around two minutes later at seventeen fifteen twelve, and the device was not unlocked again.
MS. SPRAGUE: And so where the device was not unlocked again after five sixteen PM, but we have a phone call being made at five thirty-four PM, how does that happen?
IAN WHIFFIN: There is a setting within iPhones that allow you to use a locked device to call back numbers for missed calls. So in this case, Lindsay had the missed phone call, that would've shown on screen as a notification as a missed call, and without unlocking the device, you're able to call that person back.
MS. SPRAGUE: So you just press on the icon that shows up, you have a missed call, you press on that, and you can call the person back without unlocking the phone?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And then what is application focus?
IAN WHIFFIN: Application focus is literally the application which is visible on screen at any given time.
MS. SPRAGUE: And at four thirteen PM, sixteen thirteen, on January twenty-fourth, you've highlighted it in green here. What are we seeing there?
IAN WHIFFIN: At sixty- sixteen thirteen twenty-three until sixteen fourteen fifty, the Apple Maps application was being used, visible on screen.
MS. SPRAGUE: Is it then used again at five thirteen and five fourteen PM? Or is that a different application?
IAN WHIFFIN: So at five thirteen until five fourteen, it was mobile Safari. So the mobile version of Safari, the internet browser, was on screen, and at seventeen fourteen forty-seven until seventeen fifteen oh eight, it was the mobile SMS or messaging application which was on screen.
MS. SPRAGUE: So do you just look at the part that's in parentheses to see where... what application or was open or being used at the time?
IAN WHIFFIN: Correct. What application was on screen at the time.
MS. SPRAGUE: So for example, where it says seventeen thirty-four, which would be five thirty-four PM, and in parentheses is in call service, does that represent a phone call?
IAN WHIFFIN: It does. That's the screen indicates you are in a phone call.
MS. SPRAGUE: And staying with the same page, page thirty-four, you've made some notes here. Scroll up a little bit. Regarding Apple Maps, Safari, and messaging. So can you just explain what you pulled from the data for Apple Maps?
IAN WHIFFIN: Yeah. Apple Maps was used to plan a route from the user's current location, the home address, to a restaurant called 3V.
MS. SPRAGUE: And that was at four thirteen PM?
IAN WHIFFIN: It was.
MS. SPRAGUE: And then in terms of Safari, you have the last unlock at five thirteen PM.
IAN WHIFFIN: Yes. So the last unlock of the device was used for the purposes of viewing Safari, where Pedialax was searched using Google.
MS. SPRAGUE: And then in terms of messaging, what did you pull from the data there?
IAN WHIFFIN: At the same time, or in that same device usage, so the device was unlocked, Safari was used to search Pedialax, and then the messaging application was opened to send a message to Patrick saying, "Pedialax liquid stool softener."
MS. SPRAGUE: And that was at five fifteen PM.
IAN WHIFFIN: It was.
MS. SPRAGUE: And then did you create a timeline combining all the data that we've talked about into one timeline?
IAN WHIFFIN: I did, yes.
MS. SPRAGUE: I'm going to the last page of your report, page forty-three. Is this the last page of the timeline?
IAN WHIFFIN: It is, yes.
MS. SPRAGUE: And in that page, can you explain what we're seeing here?
IAN WHIFFIN: Yes. So the very first column is the timestamp. The next few columns which show, typically colored, is related to the activity, which will become a little bit clearer in a moment. The row or the column in the center explains what the record is. So if, for example, we look at the seventeen thirteen sixteen record, we can see a U, which means the device was unlocked in pink. That unlock event lasted until seventeen fifteen twelve, so hence that entire column is in pink and shows the relevant lock event.
MS. SPRAGUE: So here we have five thirteen device unlock.
IAN WHIFFIN: Yes.
MS. SPRAGUE: Five fifteen device lock, and there's this column connecting them, correct?
IAN WHIFFIN: Correct. And then any activity that happened during that unlock time is then shown within the rows between. So again, we see Safari open at seventeen thirteen sixteen. Safari was closed at seventeen fourteen forty-seven. Messaging was opened at seventeen fourteen forty-seven. While messages were open, there was an outgoing message sent for Pedialax. Then messaging was closed. Messaging was opened again, and messaging was closed prior to the device locking. So everything in the colored columns tries to show all of the events that happened at the same time or during that parent event.
MS. SPRAGUE: And what we have here at five thirty-three PM, we have the flight climb started. Is that correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And flight climb ended at five thirty-eight.
IAN WHIFFIN: Yes.
MS. SPRAGUE: So that line again connecting them.
IAN WHIFFIN: Correct. So two flight climbs occurred during that time period.
MS. SPRAGUE: And in between when the flight climb started and the flight climb ended, you have the two calls, the incoming call that was missed from Patrick and then the outgoing call to Patrick, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: So the first flight climb had already been started. Someone had s-already started climbing up this flight of stairs when that first unanswered call happened, correct?
IAN WHIFFIN: So "flight climb started" is how it's listed within the database and within the software. But it actually, the flight climb time is when the flight climb has been recognized by the device, as the device has already climbed up those stairs. So even though it says "flight climb started," that's technically the time that the flight climb, or the first flight climb had ended.
MS. SPRAGUE: So where it says 5:33... I'm sorry, 5:33:34 flight climb started, that actually indicates the person has gone up that first flight of stairs already?
IAN WHIFFIN: Yes. That indicates the phone has now realized, 'I'm three meters higher than I was the last time I checked,' therefore a flight climb has already been completed at that point.
MS. SPRAGUE: And then the calls happen, and then the phone realizes at 5:38 that another flight has been climbed?
IAN WHIFFIN: Correct.
MS. SPRAGUE: I would move to submit the report as the next exhibit.
MR. REDDINGTON: No objection.
THE COURT: All right. That report may be admitted.
COURT REPORTER: Exhibit 266.
MS. SPRAGUE: I have nothing further.
THE COURT: All right. All right, so members of the jury, remember I said there'd maybe a little stop and start here today. This is one of those stops. All right. So we're gonna take a short break, and then we'll come right back and return for the cross-examination of this witness. Okay?
BAILIFF: All rise, please, jurors exiting.
BAILIFF: Jurors have exited the courtroom. Court's in session.
THE COURT: All right. So the court will be in a short recess at this time. Thanks.
BAILIFF: Court is back in session. You may be seated.
THE COURT: Yeah. Counsel, you ready for the jury?
MR. REDDINGTON: Yes.
MS. SPRAGUE: Yes.
THE COURT: All right. Yeah.
BAILIFF: Court is back in session. You may be seated.
COURT CLERK: Your Honor, the clerk is still ready to return back to the Commonwealth versus Lindsay Marie Clancy. All parties are present. We have the jury of 18 jurors.
THE COURT: All right. Thank you, Madam Clerk. Mr. Reddington.
MR. REDDINGTON: Thank you, Your Honor. Morning.
IAN WHIFFIN: Good morning.
MR. REDDINGTON: Mr. Whiffin, just a couple of things. One of the takeaways or question that I had is that you were talking about, in reference to the Apple Health data, fair to say that there's an issue as to the accuracy or reliability of the A- of the Apple Health data? You've actually done research on it?
IAN WHIFFIN: I've done research on it, yes.
MR. REDDINGTON: Okay. And one of the things that you did is, back about a year ago, June 28th of 2025, you did a blog article on Apple Health accuracy and reliability, and it talked about using a pitch, which I think is, you guys refer to like a football field or something?
IAN WHIFFIN: It was a rugby field, yes.
MR. REDDINGTON: And then you had somebody put the watch in their right pocket, somebody with their left pocket, and then someone else held it in their hand, you measured it, and things of that nature, right?
IAN WHIFFIN: Correct. It was three phones.
MR. REDDINGTON: Some of the things were off a little bit, but basically you put that in your report, and you were able to draw your conclusion as to the accuracy and reliability, as you say, of the Apple Health data, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Now, if someone is wearing an Apple Watch, is that what records heart rate?
IAN WHIFFIN: It's the heart rate is on the watch, yes.
MR. REDDINGTON: It is on the watch.
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. And the steps that the person takes, things of that nature, the movement, is that on the phone, or would that be on the watch?
IAN WHIFFIN: That's on both the watch and the phone.
MR. REDDINGTON: Okay. Now, if you have an Apple Watch, and you test it or you examine it—would you be able to determine what information was actually recorded by the watch while the person was wearing it?
IAN WHIFFIN: Yes, the information that's recorded within the Apple Health database does specify whether the information comes from the watch, the phone, or from a different device.
MR. REDDINGTON: Okay. And in this case, if I understand correctly, the Apple Watch stopped recording data at, is it 5:23?
IAN WHIFFIN: It was around that time.
MR. REDDINGTON: Okay. You know what? I'm gonna give you your report. Feel free to just refresh your memory or look at it or whatever helps you out.
IAN WHIFFIN: Thank you.
MR. REDDINGTON: Yep, no problem. I just wanna get the times down.
MR. REDDINGTON: I think you indicated that the watch stopped recording information at 5:23 PM.
IAN WHIFFIN: Yes. The last heart rate was 5:23:52.
MR. REDDINGTON: 52, okay. 5:23 and 52 seconds. And then, I believe the phone and watch stopped recording at 5:38, was it?
IAN WHIFFIN: The last usage of the... Let me double-check this. I believe the last usage of the phone to record flight climb data was at 5:38, yes.
MR. REDDINGTON: All right. And after 5:38, it's pretty much blackout. There's no further information or recording, right?
IAN WHIFFIN: Yes, not until, like, the phone was seized by police, I believe.
MR. REDDINGTON: By the police.
IAN WHIFFIN: But there's other activity, but appeared to be after the incident.
MR. REDDINGTON: So the further activity would have been the following morning on the 25th of January, say around 5:30, 6:00 in the morning?
IAN WHIFFIN: I ended my analysis on the 24th.
MR. REDDINGTON: Okay. Well, so 5:23 PM, the watch stops recording information. 5:38 PM, both the watch and the phone stop recording any information until the police picked up the phone apparently the following day, right?
IAN WHIFFIN: Again, there would've been activity later on, but it wasn't usage. It wasn't health data. It would've been in things like incoming calls, if there were any.
MR. REDDINGTON: Okay, so when you went through the stair climbing and talked about the steps that were taken, the distance that was taken, that stopped at 5:38 PM, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Now, you don't know, when I say you, I mean as a witness, but also the police, whoever was wearing the watch, for example, if Lindsay's wearing the watch or carrying the phone after 5:38, you don't know what was happening at 5:39.
IAN WHIFFIN: Correct.
MR. REDDINGTON: You don't know what was happening at 5:40, 5:45, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Right up till 5:58, 6:00 PM, right?
IAN WHIFFIN: If you only have the data on the device, yeah.
MR. REDDINGTON: So it could have been, the phone could have been put down, the watch could have been put down, battery died—
IAN WHIFFIN: Mm-hmm.
MR. REDDINGTON: ... whatever those issues could be, and the person would still be going down the stairs, going up the stairs, going in the backyard, doing pushups, whatever.
IAN WHIFFIN: Correct.
MR. REDDINGTON: You just don't know, right?
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. One of the things, you're familiar with the concept of location data, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: And location data, one of the things you looked at or you're aware of would be from Lindsay's phone on August 23rd of 2022. Is that correct?
IAN WHIFFIN: Apologies. August 23rd, 2022?
MR. REDDINGTON: Yeah.
IAN WHIFFIN: I didn't go back—
MR. REDDINGTON: Okay.
IAN WHIFFIN: ... anywhere near that date.
MR. REDDINGTON: You have tested and written blogs, though, on location information, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: You actually testified in the case of Commonwealth versus Victor Arrington in Suffolk Superior Court in Boston in support of the accuracy of this particular artifact or information, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: So you're a true believer that the phone does in fact record accurately significant locations on the iPhone, right?
IAN WHIFFIN: It certainly can, yes.
MR. REDDINGTON: All right. And are you aware, or if I was to approach you in your expertise...
MR. REDDINGTON: You were talking earlier about latitude, longitude, and things of that nature, right?
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. So just to—you're familiar with, for example, significant location visits on Lindsay's phone August 23rd, 2022 at 9:34. Do you know what that says or what that means?
IAN WHIFFIN: The created time?
MR. REDDINGTON: Yeah.
IAN WHIFFIN: Of 9:30, 34? That'd be when the device decided that the device had visited this location enough to consider it a visit.
MR. REDDINGTON: Okay. And do you know what that location is? If I suggest to you it's a doctor's office, would you be aware of that?
IAN WHIFFIN: I don't recognize it from the coordinates.
MR. REDDINGTON: Okay. Thank you.
MR. REDDINGTON: This here you're familiar with too as well, right? The geo data with the latitude and the longitude?
IAN WHIFFIN: Yes.
MR. REDDINGTON: And you're familiar with the fact that you can take the metadata off of the information on the cell phone, one of which would be latitude and longitude. You'd be able to determine, for example, that this would be the Lindsay Clancy home. Correct?
IAN WHIFFIN: Yes. Correct.
MR. REDDINGTON: You've seen this before, right?
IAN WHIFFIN: It rings a bell, yes.
MR. REDDINGTON: Okay. I offer this, Your Honor.
THE COURT: Any objections?
MS. SPRAGUE: No objection.
THE COURT: Okay. That may be admitted.
MR. REDDINGTON: Thank you.
COURT REPORTER: Exhibit 267.
MR. REDDINGTON: All right, thank you. Now...
MR. REDDINGTON: You have your report in front of you, right?
IAN WHIFFIN: Yes.
MR. REDDINGTON: And that's captioned digital forensic report, and it's in evidence so the jurors are gonna be able to review it in its entirety, right?
IAN WHIFFIN: Yes.
MR. REDDINGTON: If I could, direct your attention to page...
MR. REDDINGTON: 11, I believe. Yeah, page 11.
MR. REDDINGTON: Okay?
IAN WHIFFIN: Yes.
MR. REDDINGTON: And just so the jurors are able to acclimate themselves to it, that would be this item here that you went through with the district attorney, right? As far as the searches, Google searches.
IAN WHIFFIN: I have a different page 11.
MR. REDDINGTON: Different page?
IAN WHIFFIN: That looks like this page 12.
MR. REDDINGTON: Oh, okay. Well, let me approach you with what is your digital forensic report. Report number one?
IAN WHIFFIN: Yes.
MR. REDDINGTON: Yeah. Okay. Is this the same?
IAN WHIFFIN: So this is a revision.
MR. REDDINGTON: A revision?
IAN WHIFFIN: The revision submitted in February that just had—
MR. REDDINGTON: Okay.
IAN WHIFFIN: … a different record highlighted.
MR. REDDINGTON: Yeah. Okay. So basically there's no big deal difference, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Okay. So we can go by… You have the revised and I have the old. Can you look at January 10th on the Google search, for example?
IAN WHIFFIN: I can.
MR. REDDINGTON: You have it?
IAN WHIFFIN: Yes, sir.
MR. REDDINGTON: So looking at January 10th of 2023, just read along with me and the jurors again will be able to look at this in the jury room. Prescription information at, it says 14:55. What does that mean? 12:14 in the morning?
IAN WHIFFIN: 12:14 AM, yes.
MR. REDDINGTON: All right. And then 19:11, which would be at 7:11 in the morning?
IAN WHIFFIN: 11:00 PM.
MR. REDDINGTON: Oh, PM. Okay. Trazodone and Benadryl. Goes on about an hour later. Trazodone headache Google search goes on. Trazodone and ibuprofen goes on. Trazodone and Tylenol goes on to 20:32, which would be 8:32 PM. Trazodone and Tylenol interactions, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Fair to say that these are things that Lindsay Googled on her cell phone?
IAN WHIFFIN: Correct.
MR. REDDINGTON: That's what this document refers to, right?
IAN WHIFFIN: Somebody used the cell phone to Google, yes.
MR. REDDINGTON: You don't know who was actually using it, but—
IAN WHIFFIN: Exactly.
MR. REDDINGTON: … this is Lindsay's cell phone.
IAN WHIFFIN: Yes.
MR. REDDINGTON: You're aware of that. Just, if we jump ahead, looking at all of these various Google searches, follow with me on, let's say, randomly, let's say, page 13. 19:48, which would be 17:48 PM, I guess. You with me on that?
IAN WHIFFIN: Yes.
MR. REDDINGTON: All right.
IAN WHIFFIN: 19:48.
MR. REDDINGTON: Yeah.
IAN WHIFFIN: Yes.
MR. REDDINGTON: How quickly does Wellbutrin work for depression? That's what was Googled, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Followed by Lamictal for depression, Elavil for depression, how to tell if you're sleep deprived, ketamine for suicidal ideation, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: These are all searches that were done on Lindsay's cell phone. On that particular date, chronologically would have been the 12th of January, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Now, without boring everybody, it goes on and on and on with searches along those lines. Suicidal ideation, drugs, Trazodone, mixtures, things of that nature, right?
IAN WHIFFIN: It does.
MR. REDDINGTON: Page 17, if you have it, would be the Apple Note counsel asked you about.
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. Now, if I suggest to you, sir, that this is the Apple Note. I believe a previous witness may have read this to the jury, so they will have this in the room to read. But basically this is the note that says, "I was the healthiest, happiest mom. I worked out every morning, meditated, took care of myself, and basically my life is turning to crap." Right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: So what was modified in this? If you know. 'Cause counsel asked you if there was modifications—
IAN WHIFFIN: Yes.
MR. REDDINGTON: … and things of that nature, and I'm just asking if you know, what was modified in it?
IAN WHIFFIN: Exactly at the moment, I don't have all of that in front of me. It's possible to see snippets, going back over time. I do recall—
MR. REDDINGTON: Okay.
IAN WHIFFIN: … on the 22nd of December when this was created, it started with the same sentence.
MR. REDDINGTON: Yeah.
IAN WHIFFIN: And there was a few, essentially spell check, spelling differences—
MR. REDDINGTON: Okay.
IAN WHIFFIN: … as time went on. But as much as you can recover from the earlier versions of the note, it's a snippet. It's essentially two sentences, and the rest of it is—
MR. REDDINGTON: Basically the same note.
IAN WHIFFIN: It's essentially the same note.
MR. REDDINGTON: Okay. Thank you, sir. Going forward onto page 18, page 19, and 20, would you agree with me that... Well, actually on 21, they basically contain photographs that were sent from Lindsay's phone to, looks like Patrick's phone. Would you agree with that?
IAN WHIFFIN: I believe the first few pages are sent to Mommy.
MR. REDDINGTON: Okay. And this basically is the... There we go.
IAN WHIFFIN: Yes.
MR. REDDINGTON: This is the snowman in the backyard being made, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: And then Lindsay's phone is sending the blue—
IAN WHIFFIN: Yes. The blue message is outgoing.
MR. REDDINGTON: … and the gray would be what? A response?
IAN WHIFFIN: Yes.
MR. REDDINGTON: And can you tell me what the response is?
IAN WHIFFIN: The one on screen at the moment is the response sent from Mommy to Lindsay's phone saying, "That's a big roll of snow. I was wondering if you got enough for the kids to play in, and it's pretty nice day too. Gives them something to do on a day without school."
MR. REDDINGTON: Okay. And then your report then goes on with additional photographs of the snowman. There's a box of Cheerios apparently, and then there's a photograph of a young boy appearing to be very exuberant with his arms up in the air. And then there's the... Lindsay's phone responds with a picture of a little girl with a mask on, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Okay.
IAN WHIFFIN: And this is a conversation with Patrick.
MR. REDDINGTON: Patrick. Okay. So are you able to tell what Patrick said, if anything, when he sent the picture of the little boy with his arms up in the air?
IAN WHIFFIN: So at the very top of that, message above the photograph it says, "Got himself dressed," and that would be the message that was sent alongside the photograph.
MR. REDDINGTON: Okay. And then what was her response?
IAN WHIFFIN: Initially it was just the photograph.
MR. REDDINGTON: Did she respond any further in your report?
MR. REDDINGTON: Or your research?
IAN WHIFFIN: Sorry?
MR. REDDINGTON: Did you see any response in your research of the phone?
IAN WHIFFIN: I don't remember seeing any response.
MR. REDDINGTON: All right. Can you look at page 22?
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. And this would be on January 24th, 2023, and it looks—what time? Is that 8:19 in the morning?
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. So if I suggest to you, sir, you can even look in your report, this is in the same thread with the little girl making the snowman, and the text about, "It looks like a nice day," you're hoping you got snow, things of that nature. And there was a reference by the mother or mummy to get the hot chocolate ready, things of that nature, right?
IAN WHIFFIN: The message at 8:19 AM that says, "Cutie," was sent by Patrick—
MR. REDDINGTON: Okay.
IAN WHIFFIN: ...in a different thread to the snowman photographs.
MR. REDDINGTON: Okay, but I'm asking you about the one that's underneath the snowman and the mummy text. The last commentary is, "Get the hot chocolate ready."
IAN WHIFFIN: Oh, yes. That's the one, from—
MR. REDDINGTON: Okay. And that's from the mother apparently, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Or someone that is in the phone as mummy, right?
IAN WHIFFIN: And that was—
MR. REDDINGTON: Okay.
IAN WHIFFIN: ...at 11:33 AM.
MR. REDDINGTON: Now if you look on page 22, we can get to what you were talking about. It looks like January 24th at 8:19 in the morning. Cell phone number 781-375-8564, and what does that say?
IAN WHIFFIN: "Cutie."
MR. REDDINGTON: And that... So just tell us, though, so is that Patrick's phone?
IAN WHIFFIN: Yes, that would be the phone stored as Patrick, sending a message to Lindsay's phone.
MR. REDDINGTON: And how did Lindsay respond, or how did her phone respond?
IAN WHIFFIN: It appears that Lindsay, reacted to an image, with the love emoji.
MR. REDDINGTON: Like a little heart thing?
IAN WHIFFIN: Yes.
MR. REDDINGTON: And then what did Patrick say?
IAN WHIFFIN: Patrick asked, "How's it going?"
MR. REDDINGTON: What did she say?
IAN WHIFFIN: "Good."
MR. REDDINGTON: And then did she say anything further?
IAN WHIFFIN: Yes. She also responded, "Okay, her urine looked good, so nothing going wrong with her kidneys, phew."
MR. REDDINGTON: So she indicates that her urine looked good, nothing going on with her kidneys, and then, "Phew," like, whoof. You know, something like that, right?
IAN WHIFFIN: That's how I read it, yes.
MR. REDDINGTON: P-H-E-W?
IAN WHIFFIN: Yeah, yes.
MR. REDDINGTON: And then he said, "Good," right?
IAN WHIFFIN: Yes.
MR. REDDINGTON: And then as you go forward, there's more pictures of the kids with the snowman, making the snowman. Patrick then says to her, at 11... Looks like 11:29. Am I reading that right? In the morning?
IAN WHIFFIN: 11:29 talking.
MR. REDDINGTON: What does he say to her?
IAN WHIFFIN: "You're a good mama."
MR. REDDINGTON: And does she respond?
IAN WHIFFIN: She responds with an emoji, which is the face covered in hearts.
MR. REDDINGTON: The face with the hearts. And then there's... They go back and forth with each other up until getting the menu and asking what you want for takeout and things of that nature, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Page 25, just in case you were looking. All right. Can you look at page 28 for me? And page 29. I can hold them up. Basically, they basically are just a continuation of photographs, little thumbnails of the kids doing snowman and sitting in a doctor's office, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: Okay.
MR. REDDINGTON: One of the things that you did is that you actually performed a comprehensive search. Is that a—the full focus extraction? Is that what you call it?
IAN WHIFFIN: A full file system extraction.
MR. REDDINGTON: Okay. And you did that for the phone belonging to Lindsay Clancy, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: That would be what you refer to as your appendix?
IAN WHIFFIN: The appendix one of the Lindsay Clancy phone is 1,300 and some web search visits.
MR. REDDINGTON: Okay. So I'm gonna hand you what says report number one, iPhone belonging to Lindsay Clancy, and ask if you can recognize that.
IAN WHIFFIN: Yes. This appears to be the—just the web history from Lindsay's phone.
MR. REDDINGTON: Okay. So that's pretty much the... If anybody cares to look at it, that's the entire web history, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: All right. I offer this, Your Honor.
THE COURT: Any objection?
MS. SPRAGUE: No objection.
THE COURT: All right, that may be admitted.
COURT REPORTER: 268.
MR. REDDINGTON: Then, Mr. Whiffin, you also had report number four, which would be the digital report for Patrick Clancy's—
IAN WHIFFIN: I did.
MR. REDDINGTON: ... computer. I offer that, Your Honor.
THE COURT: Any objection?
MS. SPRAGUE: No objection.
THE COURT: All right, that may be admitted as well.
COURT REPORTER: 269.
THE COURT: All right. Thank you.
MR. REDDINGTON: And then finally, report number five says Surface Pro laptop belonging to Patrick Clancy.
IAN WHIFFIN: Yes.
MR. REDDINGTON: So this would be your search of his laptop as well, correct?
IAN WHIFFIN: Correct.
MR. REDDINGTON: I offer this.
MS. SPRAGUE: No objection.
THE COURT: All right, that may be admitted.
COURT REPORTER: Exhibit 270.
MR. REDDINGTON: Approaching you with an item, sir. I'm just gonna—
MR. REDDINGTON: ... Well, I'm just gonna ask it. I'm not gonna have to do this.
IAN WHIFFIN: Okay.
MR. REDDINGTON: No problem. This says extraction report, Apple iPhone. Do you recognize that?
IAN WHIFFIN: Yes. I didn't create it, but I recognize the report.
MR. REDDINGTON: Okay. So that is a Cellebrite report of the extraction of Lindsay's phone, correct?
IAN WHIFFIN: May I take a-
MR. REDDINGTON: You can do whatever you want. Yeah. Of course.
IAN WHIFFIN: ... Yes. This is a report generated by Physical Analyzer, a Cellebrite tool, of the device.
MR. REDDINGTON: Okay. Now, if you look at the report, for example, just randomly on page, let's say, nine, bottom line. It says web history. I just grabbed that randomly.
IAN WHIFFIN: Sure.
MR. REDDINGTON: January 24th, '23, correct?
IAN WHIFFIN: Yes.
MR. REDDINGTON: And then you go to the right, and it says, "Lindsay's iPhone mobile library"?
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. And then it has the time that it was recorded, right?
IAN WHIFFIN: Yes.
MR. REDDINGTON: And what time would that be on that date, which is January 24th?
IAN WHIFFIN: It would be 9:35, local time in the morning.
MR. REDDINGTON: So if you jump ahead to January 25, 2023, let's say, is that 7:00 in the morning?
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. And that says what? What is it measuring at 7:00 in the morning on January 25?
IAN WHIFFIN: So this is for the hour of health data, so it's been aggregated, and it shows that between 7:00 AM and 8:00 AM, there was 47 meters traveled.
MR. REDDINGTON: Okay. And then it goes on, and it talks about, again, 7:00 and some seconds, it talks about 134 distance traveled?
IAN WHIFFIN: Yes.
MR. REDDINGTON: Okay. And for example, January 25 at 8:00 in the morning, it talks about distance traveled, steps counted, and distance would be 47-
IAN WHIFFIN: Yes.
MR. REDDINGTON: ... Meters or feet?
IAN WHIFFIN: Meters.
MR. REDDINGTON: Okay. So is that information that is coming off of the cell phone, the Apple Watch, or what?
IAN WHIFFIN: That's coming from the watch and the phone and being displayed-
MR. REDDINGTON: All right, so-
IAN WHIFFIN: ... As one amount of information.
MR. REDDINGTON: ... It's coming from the watch, right?
IAN WHIFFIN: The way that the data's presented, that is coming from the watch or the phone.
MR. REDDINGTON: Okay. And the data's coming from Cellebrite, right?
IAN WHIFFIN: Correct.
MR. REDDINGTON: And Cellebrite is God's gift to cell phone searches, right?
IAN WHIFFIN: I like to think so.
MR. REDDINGTON: I mean, you work for them, and you're also a guy that created all of this stuff for them pretty much, right?
IAN WHIFFIN: I've created some of the tools, yes.
MR. REDDINGTON: Okay. If I tell you, sir, that January 25 at 8:00 in the morning, Lindsay Clancy was in a coma, laying in a bed with tubes coming out of her body and certainly not wearing her Apple Watch, how did that happen?
IAN WHIFFIN: Based purely on the report there, I'd suggest the data came from the phone rather than the watch.
MR. REDDINGTON: 'Cause I just told you about the watch. Did you ever look at this watch?
IAN WHIFFIN: No, I— we can't actually pull data directly from the watch. We pull it from the phone.
MR. REDDINGTON: How do you look at a watch?
IAN WHIFFIN: We extract the data from the phone, which is synchronized to the wa— from the watch to the phone.
MR. REDDINGTON: Okay. So I'm handing you— is that an Apple Watch?
IAN WHIFFIN: It appears to be, yes.
MR. REDDINGTON: Okay. And if I suggest to you that this was found a number of days later in Lindsay's bedroom—
IAN WHIFFIN: Mm-hmm.
MR. REDDINGTON: …in a drawer that the police never seized, have you ever seen this before?
IAN WHIFFIN: I've never seen this before, no.
MR. REDDINGTON: And how long have you been working on this case for the government?
IAN WHIFFIN: I started looking at this case in November last year.
MR. REDDINGTON: Okay. Thank you. That's all I have, Judge.
THE COURT: All right. Redirect?
MS. SPRAGUE: Thank you. Sir, from the documents that defense counsel just showed you, the activity on January 25th, was it your testimony that it could've been from the watch or the phone?
IAN WHIFFIN: It could've been either device.
MS. SPRAGUE: But what he showed you, did that have enough data on it to tell you specifically whether it was from the watch or the phone?
IAN WHIFFIN: No. I'd need to take a look at the database itself and see where that information came from.
MS. SPRAGUE: And you were saying that you cannot pull data from the watch itself. Is that correct?
IAN WHIFFIN: Correct. We don't extract the memory from the watch itself. We extract data from the phone, which is synchronized to the watch. So we ultimately get the watch data from the phone.
MS. SPRAGUE: And why is it that you don't pull it from the watch itself?
IAN WHIFFIN: Apple's proprietary connections, the encryption that they use on the device, complicates extraction. And essentially considering we get everything from the watch via the phone, it's just additional work required to pull data from the watch, which would just be a duplicate of what we already have.
MS. SPRAGUE: And you said that the watch syncs itself to the phone, relaying all data that it's collecting to the phone, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And Lindsay's watch was synced to Lindsay's phone, correct?
IAN WHIFFIN: It was.
MS. SPRAGUE: And if you had— if you were able to look at the data from the dates defense counsel mentioned from the extraction itself, you would be able to tell whether the January 25th data was coming from the watch or the phone, correct?
IAN WHIFFIN: I would, yes.
MS. SPRAGUE: But you can't from what he showed you, correct?
IAN WHIFFIN: From the printout, no. I'd need the actual data.
MS. SPRAGUE: And if on January 25th the police have the wa— excuse me, the phone, and they're bringing it to an evidence room, and then they're bringing it to storage room, is that gonna show steps and distance traveled?
IAN WHIFFIN: Yeah. Whenever the device is turned on, or whenever the phone is turned on, it will consistently record steps walked. Regardless of who's carrying it, it will consistently record flights climbed, regardless of who's carrying it.
MS. SPRAGUE: And so if the watch is turned off in a drawer somewhere, the phone would be what's relaying, or not relaying, but the phone would be what's recording the distance traveled and the steps taken—not the watch, correct?
IAN WHIFFIN: That's the presumption, yeah. If the watch is turned off, it's not doing anything; any data would be from the phone.
MS. SPRAGUE: And earlier, defense counsel just put in some exhibits of your indexes for the data that you looked at for the phone and the computers, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: And those indexes, do they contain everything that was on the phone and everything that was on each computer that could be pulled from the phone or the computer?
IAN WHIFFIN: No, they were focused reports or focused searches. So for my reports, they were focused to essentially the internet history on those devices. The large Cellebrite report, again, I don't know who created that. I don't know what options were selected by that user. But there will be data on the device which is not covered in that report. By virtue of that's how decoding works.
MS. SPRAGUE: And on the... Defense counsel asked you about the flights climbed and how the last reading was at 5:38 PM, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: The last incoming phone call that you registered on your charts was the 6:09 PM phone call from Patrick to Lindsay that she did not answer, correct?
IAN WHIFFIN: Correct.
MS. SPRAGUE: From 5:38 PM to 6:09 PM, were there any other flights climbed showing from either the watch or the phone?
IAN WHIFFIN: Mm, don't believe there was, no.
MS. SPRAGUE: And, Your Honor, we'd move to submit the full extraction as the next exhibit. It's being copied now, so we'd just put a disc envelope in its place.
MR. REDDINGTON: I have no objection.
THE COURT: All right, that may be admitted.
MR. REDDINGTON: If I may, Your Honor. So you make reference to 5:38 for her question that there's no flights climbed or recorded or anything up until 6:00 o'clock, right? You just answered that question.
IAN WHIFFIN: Correct.
MR. REDDINGTON: That's 'cause the phone was either dead, off. We already went through that. She could've been walking all over the house, the yard, anywhere, right?
IAN WHIFFIN: Yeah, the phone did not detect anything regard... Or I don't know why the phone didn't detect anything, whether it was, uh—
MR. REDDINGTON: So your answer is you don't know wh—
IAN WHIFFIN: ...set down.
MR. REDDINGTON: I don't mean to be rude. Your answer is you don't know why, right?
IAN WHIFFIN: Exactly. I don't know why it wouldn't record.
MR. REDDINGTON: Okay. And you did not report at all on the steps and distances, did you?
IAN WHIFFIN: I didn't, no.
MR. REDDINGTON: Okay. Thank you.
THE COURT: Anything on that, Commonwealth?
MS. SPRAGUE: No.
THE COURT: All right. Thank you, sir. You may sit down. Thank you.
IAN WHIFFIN: Thank you.