Federal Bureau of Investigation

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FBI Special Agent Fitzgerald gave expert testimony for the State about cellphone technology and the phone records, during Adnan’s February 2016 PCR hearing. His testimony was notable for several reasons, particularly when he told the Judge that he had not had a substantial conversation with the State’s attorney or even viewed the cell records prior to that same Attorney (Vignarajah) declaring to the Court what Fitzgerald’s expert analysis of those records would conclude. Amelia McDonnell-Parry’s coverage of Fitzgerald’s testimony is particularly enlightening.

Fitzgerald was also singled by the impartial Judge Welch, in his final 2016 opinion. Welch noted that

‘The Court is perplexed by Agent Fitzgerald’s interpretation that Exhibit 31 are “call detail records,” and not a subscriber activity report, because the Agent’s interpretation is contrary to the text of Petitioner’s cell phone records. Exhibit 31 is an excerpt of a much larger set of phone records, and subject page for the set of phone records is clearly titled “SUBSCRIBER ACTIVITY.” Petitioner’s Exhibit PC2-15. Agent Fitzgerald apparently finds the title of the subject page to be irrelevant in his analysis.’