Michael Cherry, Manfred Schenk and Joseph Kennedy are the ONLY experts to have ever won Innocence, Habeas, Dauberts and the Exclusion of both Drive Tests and Call Detail Records (CDR's) against Historical Cell Site Analysis / Cell Tower Tracking. See Cherry Biometrics Article in the ABA JOURNALWe are members of IEEE Communications Society. 

 

Convictions, based on the location of cell towers, or their sectors, can be reversed, using our unpublished knowledge, as newly discovered information. Calls are not simply routed to the nearest or the next nearest or the strongest or the next strongest cell tower. 

We have several dealth penalty cases in process. 

BASICS

We sucessfully challange exhibits that use Call Detail Records and Drive Tests. They can be arranged to build an endless number of nice looking, but unprovable, cell phone movement theories.

 

 

Some of our groundbreaking Daubert and Innocence cases include:

  • 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, subsequently choose 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. "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 OF AMERICA V. RODERICK THORNTON."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
    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.
  •  In THE STATE OF CONNECTICUT V. EMMANUEL HILDING SALORIO 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. 

The wireless industry favors the use of the clearest tower as opposed to the strongest nearest one. We are members of several Wireless Associations including the California Wireless Association and the Telecommunications Society for Electrical and Electronic Engineers (IEEE).  

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.  

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 
45 Wintonbury Avenue, Suite 107 
Bloomfield, CT 06002 

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 

Michael and Manfred met when they were both working on Apollo 11 The Trip To The Moon. They are mainframe, SCADA and PC Assembly language programmers who design communications network products and solutions.

Link to First Information Fortress

The New Yorker Magazine and The Washington Post have both written cell phone tracking articles based on our wins:

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

 

-----As plaintiff historical cell phone tracking experts we successfully helped three fired electrical workers return to their former jobs. 

Judge Compares FBI Agent Testimony with Ours

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

 

 

 

 

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