We are the ONLY experts to have ever won Innocence, Habeas, Dauberts and the Exclusion of both Drive Tests and Call Detail Records (CDR's).  USA v. Roderick Thornton was our first Drive Test Exclusion. USA v. Evans was our first Federal Daubert. Lisa Roberts was our first Innocence.

We know the science. We are members of IEEE Communications Society. We have worked as computer programmers for communication carriers. The long running myth that calls are simply assigned to nearby cell towers, either the closest or the strongest signal, has helped to place a large number of individuals in prison. We could spend the rest of our lives freeing them.

Some of our precedent setting wins have been discussed in the following journals: THE WASHINGTON POSTTHE NEW YORKER,  THE ABA JOURNAL, THE ECONOMISTTHE ASSOCIATED PRESS 12/11/2016 and THE ASSOCIATED PRESS 3/29/2017. 

We challenge, and then modify or exclude exhibits that use Call Detail Records and Drive Test Proximity Maps. This unreliable evidence can be arranged in an endless number of theoretical but unprovable cell phone location / movement theories. We sucessfully challenge this subjective evidence even when it is presented by individuals with very convincing job titles, i.e., RF Engineers. Once again, we could spend the rest of our lives freeing innocent individuals.

We are engaged as experts in both pre-and post-conviction cases for defendants in multiple states and federal jurisdictions across the country. Convictions, based on the location of cell phones, or the sectors that they used, should be revisited, using our unpublished newly discovered information.

 

Call Detail Records (CDR's) were not designed for courtroom tracking purposes and as such they are ALWAYS inexact and unreliable. As cell phone application developers we are proud of our groundbreaking Daubert and Innocence wins including the following:  

  • LISA MARIE ROBERTS was freed after serving 12 years for a murder that she did not commit. "Petitioner shall be released from custody unless the State of Oregon elects to retry her within 90 days of the date of this Opinion and Order." The Honorable Malcolm F. Marsh United States District Judge. The Verizon RF Engineer who claimed that he could prove Lisa’s location based on her cell tower pings, elected to remain silent. Manfred Schenk and Michael Cherry were the Defense Cell Tower Experts and they worked closely with Attorney William Teesdale and other attorneys at the Portland, OR Federal Public Defender Office. 
  • UNITED STATES V. ANTONIO EVANS  -  Not Guilty                                                   "FBI Special Agent Raschke may not testify concerning the theory of granulization, which the court finds to be unreliable. In addition, the estimated coverage areas contained in summary exhibit 6 must be removed before the court will admit this exhibit." The Honorable Joan Humphrey Lefkow United States District Judge. Patrick Blegen of Blegen and Garvey was the lead defense attorney. 
  • UNITED STATES V. RODERICK THORNTON - Not Guilty                                          "The Court would have significant concerns if FBI Special Agent Fitzgerald were to offer an expert opinion on the precise street location or radius where the Defendant’s phone communications were made based on the telecommunications data and methodology identified in his testimony. However, Fitzgerald clearly indicated that based on current data and cell technology infrastructure, he could not reliably offer an opinion regarding the specific location footprint indicated by the phone calls at issue here." The Honorable Amy Totenberg United States District Judge. The defense attorney was Fenn Little. 
  • STATE OF ALABAMA V. CARGILL QUINCETTA YVONNE - Not Guilty
    The Court will conference with attorneys concerning the admission of State's Exhibit 3 for trial purposes prior to trial. Modifications are necessary on Pages 7 and 8 or these pages are not admissible as part of Exhibit 3. Otherwise, FBI Special Agent Carman's Exhibit 3 is admissible, Teresa T Pulliam, Circuit Judge. We supported Defense Attorney, Christopher Daniel. 
  • THE STATE OF CONNECTICUT V. EMMANUEL HILDING SALORIO - Not Guilty     The trial judge, The Honorable James Graham, excluded from evidence outdated Verizon Call Detail Phone Records (CDR's) that the prosecutor wanted to use to support his theory that Hilding Salorio was in the area of the victim's apartment on the night of the crime. The defense attorney was Hubert J. Santos.   

On May 11, 2011 Adrian Deon Brown was found not guilty of murder and he walked out of the Ocala, FL County Courthouse. Prosecution experts included two Radio Frequency (RF) Engineers, one from Sprint and one from Verizon. The defense team included Attorney Nicole Hardin, Michael Cherry and Manfred Schenk.   

On December 15, 2010 Antoine Paris Davis was acquitted in the Middletown, CT Superior Court. He was charged with home invasion robbery, burglary, assault, larceny, conspiracy and accessory to kidnapping with a firearm. His defense attorney Aaron J. Romano used Manfred Schenk, as his Cell Tower Expert. The prosecution used a Verizon RF Engineer Manager.   

On Sept. 20, 2012 the employment of Messrs. Joyce, Bligh, and Cashman was reinstated by their employer National Grid. Their employment was terminated eight months earlier when outside cell phone experts accused them of stealing time based on cell tower call detail records (CDR’s). The outside cell phone experts choose not to appear at the final labor arbitration hearing as Manfred Schenk was there to challenge their interpretations.   

Mike and Manfred, 

Lisa Roberts was released yesterday afternoon.  The DA will not
attempt to prosecute the case again. Thank you so much for your
work on this case. It was pretty amazing to be there to pick up Lisa
at the prison gate as she was released after serving 12 years for a
crime she did not commit. Cheers, William  
William J. Teesdale
Federal Public Defender Chief Investigator
101 S.W. Main St., Suite 1700
Portland, OR 97204  

I would like to endorse Michael Cherry for anyone who has a case where 
cellular tower records are being used to locate the position of a defendant 
or witness. He assisted me greatly in my last trial that ended in a not 
guilty verdict. I spoke with the jurors who all stated after the cross exam 
of the state's expert and our presentation of evidence, the cellular tower 
location was not even a consideration. We should all be pushing for this 
evidence to be tossed out in a Daubert/Frye hearing. While one was held in 
my case and the judge allowed the evidence in, the jury was bright enough to 
know what to do with this type of evidence- throw it out! 

Thank you Mike and Manfred! 

Aaron J. Romano, P.C.- Trial Attorneys 
Bloomfield, CT 06002  

http://www.newyorker.com/online/blogs/newsdesk/2014/06/what-your-cell-phone-cant-tell-the-police.html  

http://www.washingtonpost.com/local/experts-say-law-enforcements-use-of-cellphone-records-can-be-naccurate/2014/06/27/028be93c-faf3-11e3-932c-0a55b81f48ce_story.html   

Daubert - STATE OF MICHIGAN v. QUINTEL ANDREW WEST - Prosecution maps are misleading.  

 "... It was clear to the Court that Manfred Schenk's testimony destroyed the testimony of the People's expert." Honorable Geoffrey L. Neithercut, State of Michigan Motion for New Trial of Tajan Marnez Williams. 

Michael Cherry in the ABA JOURNAL.   

 

Contact Manfred Schenk or Michael Cherry  

(201) 513-8300   

 mm@cherrybiometrics.com 

 

Cell Tower Junk Science - Defense Attorney's Describe Cell Location Victories that We Shared - JUDICATURE Magazine    

 

Contact Manfred Schenk or Michael Cherry 

 

 

 Copyright 2017, Cherry Biometrics Inc., all rights reserved