MCLE FACT PATTERN – Digital Evidence
Sixteen year old Jane Doe began texting with a male who identified himself as “JOE22” on the Yik Yak app. Yik Yak is a social media smartphone application. It is available for iOS and Android and it allows people pseudo-anonymously to create and view discussion threads within a 5-mile radius (termed "Yaks" by the application).
Joe identified himself as a 40 year old male. He stated that he was in the area visiting a friend. The two exchanged information and began communicating through the text app kik. Kik is a Canadian company. There were thousands of text messages between “JOE22” and Jane Doe, known by her screen name of “FUNGIRL16”.
On November 25, 2015, a man who introduced himself as Joe Green from New Hampshire drove to meet Jane. Joe picked up Jane from work and drove her to the Super 6 Motel where he had already rented a room. Jane said that once in the room she and Joe drank vodka together. She remembered kissing him before passing out. She awoke later and saw Joe put his penis into her vagina. Jane said that this hurt badly and she told him to stop. Joe stopped and commented about her not letting him “finish.” The next morning, Jane gave the Joe money towards the room fee. She continued to text Joe, but he stopped responding to her. Jane texted her friend Susie through the kik app and said she was raped by a man named “Joe.”
Jane’s parents reported to the police that she did not come home on November 25. The police responded when Jane did return home on the 26th. Jane told Officer Brian Smith that she was raped by a man she met online. Jane consented to having the police take her cell phone and laptop for a forensic examination. Jane was shown a photo array by a police officer from a neighboring town where she positively identified Joseph Greene (DOB 6/22/74) from New Hampshire.
The police gave the victim’s phone and laptop to Sgt. Denise Doherty of the Massachusetts State Police. The hard drive of the laptop was corrupted so nothing of evidentiary value was recovered. Sgt. Doherty used cellebrite to do a forensic examination of the phone. Forensics showed that there were more than 2,500 messages sent using Kik Messenger between "JOE22" and the victim from November 23 to November 26. On November 24, "JOE22" sent the victim a full body photograph of a nude male which included a face. He also sent a close-up of a penis. Next to the erect penis was a hand with a tattoo on the wrist. Through license photos, booking photos and observation, police identified the face and tattoo as that of Joseph Green. Further, forensics found a photo of Joe Green’s car on the phone.
The conversation on November 26 at 9 AM
"JOE22" said: And can we get a room again?...will u let me finish ?
“FUNGIRL16” said: Last nite was mistake. U hurt me. What did u give me?
The police were able to secure the room at the Super 6 Motel as Joe had just checked out so the room had not been cleaned or re-rented yet. Crime Scene services of the MSP responded. They found seminal fluid on the sheets and blanket of the king size bed. The evidence was taken to the Crime Lab for further examination. Management also confirmed that Joe Green had rented the room.