Without addressing the rest of the post: I've seen plenty of non-engineers use Handbrake. In fact, I've seen more than one lawyer use it. It occurs to me that it would actually be pretty common for lawyers to have it installed, particularly if they're reviewing and copying evidence that was delivered to them by DVD or other physical forms.
How many excuses do people have? It seems to be widely acknowledged that prosecutors widely railroad and use unethical and even illegal tactics against defendants and that this is a problem. It also seems to be the idea that black defendants tend to be disproportionately on the receiving end of this behavior and that is a problem. And yet there's astounding difficulty connecting these things. A lot of people I've seen here and all other social media platforms seem to be hoping Kyle gets convicted and the prosecutors are not held to account because he is white and they think a black boy would have been convicted.
This is called (racist, but also) cutting off your nose to spite your face. Kyle being sent to jail by unethical prosecutors will not help the next black boy who is unethically prosecuted or wrongfully convicted.
Hold them to a high standard. Do not find excuses for them, they must be made to justify their own actions. If they are going to use technology to prosecute somebody and they don't know how the technology works, that is not an excuse it is incompetence and highly unethical at best.
I don't understand. Are you saying that my idle speculation somehow grants positive evidence to the claim that there's been prosecutorial misconduct in the case?
The fact that you or I can identify a likely source of error doesn't mean that (1) that is, in fact, the source of error, or (2) that the prosecutor is aware of it. The rest of your post is overly wrought given the information we actually have.
Furthermore, I think the prosecution has been terrible, and at times, downright malicious (trying to get a mistrial after their start witness flopped, etc).
HOWEVER I really do agree with this take. I'm fairly computer literate (sysadmin for a microscopy facility, daily drive Linux, couple years of web development under my belt) and recently spent a non-insignificant amount of time trying to create a video from a bunch of .tif files and embed them into a PowerPoint. It was not simple or easy. Working with video is always an annoying, expensive, black box. Sometimes I'd do things, and it would just come out a blurry mess. Or balloon in file size for no obvious reason.
This isn't just a lawyer. This is an Assistant District Attorney, officially representing the government. They, all lawyers, are trained in handling evidence and know full well what their obligations and duties are. Even if it was somehow a "mistake," it's the type of mistake that trials are dismissed over, with prejudice, and rightly so, because it potentially biases every piece of evidence the prosecution handled.
Besides, using handbrake doesn't completely change the filename, and we're not talking about appending "(1)", "(2)" or "(copy)" like an OS would do for files with the same filename in the same directory.
I mean, HandBrake is pretty simple software if you just stick with the defaults.
His last attempt at claiming clean hands was that he was too technically incompetent to do so maliciously. But that's BS. Even if he doesn't know what handbrake does, if he uses it he's using it to somehow modify it. that's not allowed defense is allowed the exact copy the DA has.
Also, I have a lot of trouble believing that anyone, having used handbrake, hasn't noticed a drop in quality in the video.
[1] https://www.scribd.com/document/540381079/211116-Rittenhouse... (page 3)
Also, I'm not sure that the screenshot is of the jury's laptop. Isn't it Binger's after he turned it around to show something?
Either way, doesn't matter. Someone in the DAs office fiddled with the laptop and their laptops are loaded with this software. The DA is responsible for his office. The DA is responsible that the defense didn't get the proper copy.
1. Prosecution receives the file via airdrop, direct data transfer.
2. Prosecution sends the file via gmail to the defense but it gets compressed in the process.
There are 2 ways to send a vid/pic from ios with gmail
1. from gmail app with attachment function, this pops up a window with "processing" (compresses the video, which is poorly worded imo)
2. from ios photos app > share > gmail, this shows a progress bar at the bottom with "compressing"
both ways are easy to overlook, first one is poorly worded and its a very fast process, my test vid with 25mb took <1s and video in question is only 4s/11mb
the real question is, why is there no proper evidence system in place to submit and review(for all 3 parties), using gmail and dropbox sounds very questionable to me.
Does Gmail automatically compress the video? I would presume it complains about size file first, and an inability to send it via email, and refuses to send.
The iOS mail app did the same for my test video 22mb > 458K, no questions asked. (unlike images where app lets you select resize options)
The malicious explanation is that he intentionally downgraded the video quality with handbrake (or some other means) before handing over the evidence.
Keeping in mind that the video was the only thing shared with Kyle’s lawyer that was not shared via Dropbox, per his lawyer.
The problem is that in the trial, the prosecution actually said "Our versions are much clearer". They also used algorithmic enhancements and blowups on the bad copy to show to the court.
Here's the link (https://twitter.com/JackPosobiec/status/1461034426717122572) but I remember watching this in the trial and people were commenting on it in realtime. The defense even mentioned they weren't given the copy.
Big-time issues or big time-issues? I read it as the latter initially but I think the former makes more sense.
Beyond the speed of the trial is the fact that it is farcical from up, down, and the sides. It should be thrown out the window by spinlaunch.
I'm not sure how this is somehow less accurate than any other synopsis shrug.
> A review of previous video testimony from PBS's live feed showed that he (Kraus) had Handbrake in the directory that he was showing the video from
So someone who is technically illiterate (let's take their claim at face value) has evidence tampering tools visible on their machine?
Where's the chain of custody on the original file content?
The backdrop is the defense alleges the prosecution gave the defense a lower resolution copy of the original video that showed about 4x fewer pixels, so they did not have the ability to examine it. The jury has already seen the video and is currently in deliberations. They have asked to view the video again.
This whole trial, well, just seems riddled with big time issues. I tried to present this in a non biased way, but I don't think this is a good trial no matter what side you sit on, if any. It's been tainted in several places, even 5th amendment violations numerous times. At a minimum, I think it needs to be tossed out and retried with these evidentiary issues ironed out and with no last minute springing of evidence.