Court Filing
SY RAY Sy Ray, may testify for the defense as an expert regarding cell towers, drive test, geolocation, mobile device forensic extractions, call detail records, and software that is used to interpret this data. Mr. Ray's opinion / testimony will be based on his experience, education, and trainings as detailed in his curriculum vitae which is included with this response as Exhibit D11-C. This response serves to supplement the information in the Report attached as Exhibit D11-B, photographs and / or video, drive test data, and related reports or past testimony as previously discovered to the State on January 9, 2025. Below is a summary of Mr. Ray's anticipated testimony but does not repeat all specific findings that are detailed in his report. It is anticipated that Mr. Ray may testify in the following areas: 1. Interpretation of Drive Test Data and mapping supplied by the State. 2. Analysis of call detail records. 3. Geolocation Data review and analysis. 4. Opinions regarding the FBI “ Draft ” CAST Report and “ Final ” CAST Report. This disclosure is provided as a summary. Further detail about the scope and breadth of his testimony may be found in his report and his curriculum vitae. Mr. Ray may offer testimony to refute any expert opinion not yet disclosed by the State. DEFENDANT'S 1 EXHIBIT NO. D11-A IDENTIFICATION / EVIDENCE CASE NO. CR01-24-31665 003824 DATE: 1/23/25 Case Report – State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805 Analysis and Report by Sy Ray Synopsis: In October of 2023, I was retained by the attorneys for Bryan Kohberger as an expert in the field of cell towers, drive test, geolocation, mobile device forensic extractions, call detail records, and software that is used to interpret this data. I was contacted by Tom Slovenski of Cellular Forensics in reference to a technical question he had involving call detail records. Mr. Slovenski has completed the ZetX Subject Matter Expert (SME) course and is a recognized SME in this field. It is common for me to receive calls from recognized SMEs pertaining to technical questions arising from the analysis of call detail records. Mr. Slovenski did not provide any case information other than there was a Non dissemination Order issued by the court on this particular case, and he could not discuss case details. His question pertained to drive test data collected by the FBI CAST team. Mr. Slovenski voiced some concern as to the accuracy of the data and the ability to verify it. I explained to him I would need to review the raw data in order to provide an opinion to the accuracy of the data. Mr. Slovenski stated he would speak with the defense attorney to see if it was possible for me to view the data. On October 27, 2023, I signed a confidentiality agreement to allow me to review the data in this case. It was at this time I discovered the case was regarding State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805. Over the course of November 2023, I was granted access to evidence that was in the possession of the defense. The evidence I reviewed was mainly in reference to call detail records, mobile device forensic extracts, mobile device geolocation data, police reports, drive test and FBI CAST report, timelines, surveillance video, and financial records. One of the first areas I was asked to address was to review and assist in the interpretation of the drive test data. I focused on the available drive test data collected by the FBI. Initially, the only data I had access to from the FBI drive test was contained in the FBI CAST “ Draft " report and what was briefly mentioned in Special Agent ██████████ PowerPoint " report ". The " Draft " report is dated July 10, 2023. Special Agent ██████████ report, PowerPoint was the only summary of the drive test, and is dated " 02/15/23 ". The report states drive test data was collected between November 16, 2022 and January 6, 2023. The report states the data was collected by both Special Agent █████████ and Special Agent █████████ The areas focused on are vague, described only as Moscow, Pullman and " south of " those towns. The report does state the raw files were enclosed in Special Agent ███████████ original report. The raw files are critical for any analysis. I learned the raw files had not been disclosed by the State and requested the files be obtained for further review. In reviewing Mr. Kohberger's ATT call detail records and the FBI CAST " Draft " report, I immediately became concerned as to the accuracy of the drive test mapping. Specifically, the shaded areas representing “ coverage " found on slides 112, 116, and 120. In comparing commonly seen handoff data in Mr. Kohberger's ATT records, the coverage areas depicted in DEFENDANT'S EXHIBIT NO. D11-B 1 IDENTIFICATION / EVIDENCE CASE NO. CR01-24-31665 003825 DATE: 1/23/25 Case Report – State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805 Analysis and Report by Sy Ray the FBI CAST " draft " report are severely flawed. Further analysis would require access to the raw drive test data. In further review of the “ Draft ” report, I also noted several other areas of concern. The mapping of tower connections provide in the " Draft " report was missing significant data from the AT & T call detail records. On average, more than 90% of the available data was not mapped during the time periods represented in the report. This is not a best practice and creates a number of issues as to the accuracy of both the analysis and related report. Additionally, I noted several other errors as it relates to connection times. My main concern at this point of my analysis was the appearance that the missing / flawed data was exculpatory in nature to Mr. Kohberger. Given the complexity of the subject matter, I explained that for me to provide an expert opinion on this matter it would take a significant amount of time. I would need to have access to more data and would also need to conduct a drive test. I was asked to work as an expert on the case and conduct a full analysis of the available data. The following report details that analysis. Narrative: Due to the complexity of this analysis and the volume of data relied upon, this narrative will be organized in the following manner: Section 1-Inventory of data relied upon for analysis Section 2-Methodology for review and analysis of data Section 3-Drive Test Data review Section 4-CAST Draft Report review Section 5-CAST Final Report review Section 6- Other Geolocation Data Section 7- Probable Cause Statements Section 8-Missing Data SECTION 1-INVENTORY OF DATA RELIED UPON FOR ANALYSIS Given the volume of data reviewed, I created a master folder to preserve all of the raw data provided, my work, and files created or derived from my analysis. The digital format of this folder will be provided with this report. • Bryan Kohberger's AT & T Records (████████ 8458-ATT Case # 3586354) Ο All the AT & T raw files related to ATT Case # 3586354 have been preserved in the RAY_Discovery Folder → Raw Records → ATT → Kohberger. The raw records contained within that folder that were used in my analysis are: 2 003826 Case Report – State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805 Analysis and Report by Sy Ray ReportAU_3586354-Standard AT & T call detail records covering a time period of June 23, 2022 through December 23, 2022. • In all, there are over 113,000 cell tower connections reported in this data set. I have mapped, analyzed, and preserved all connections associated with this data set. ReportLoc_3586354 Standard AT & T " Historical Precision Location Information " report covering a time period of June 23, 2022 through December 23, 2022. • In all, there are over 183,000 data points associated with this data set. I have mapped, analyzed, and preserved all data points associated with this data set. Other AT & T reports were obtained for this account but not significant to this analysis. It is important to detail the AT & T record process when responding to court ordered records requests. AT & T uses internal case numbers to track such requests. In this case, AT & T's internal case number associated with Bryan Kohberger's records is 3586354. I have reviewed approximately 300,000 geolocation connections / data points associated with these records at the time of writing this report. Ο All AT & T mappable data was converted to a Google Earth, time-synced, KML (Keyhole Markup Language) file using the LexisNexis TraX program. This device was assigned to the color red for mapping purposes. The sector representations utilized for this analysis are wedge shapes, to stay consistent with the FBI CAST analysis. The Google Earth KML file can be loaded and reviewed on any computer running the Google Earth program. Computer performance will impact load times and caching times. The KML file was preserved in the RAY_Discovery Folder Mapped Records ████████ 8458 → KML by Month.kml • Maddie Mogen's AT & T Records (████████ 1224-ATT Case # 3565282) All the AT & T raw files related to ATT Case # 3565282 have been preserved in the RAY_Discovery Folder → Raw Records → ATT Mogen. The raw records contained within that folder that were used in my analysis are: ReportAU_3565282 – Standard AT & T call detail report covering a time period from August 1, 2022 through November 14, 2022 3 003827 Case Report-State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805 Analysis and Report by Sy Ray ReportLoc_3565282-Standard AT & T " Historical Precision Location Information " report covering a time period of August 1, 2022 through December 14, 2022. Other AT & T reports were obtained for this account but were not significant to this analysis. All AT & T mappable data was converted to a Google Earth, time-synced, KML file using the LexisNexis TraX program. This device was assigned the color blue for mapping purposes. The sector representations utilized for this analysis are wedge shapes, to stay consistent with the FBI CAST analysis. The Google Earth KML file can be loaded and reviewed on any computer running the Google Earth program. Computer performance will impact load times and caching times. The KML file was preserved in the RAY_Discovery Folder Mapped Records ████████ 1224 Mogen Combined.kml • Maddie Mogen's AT & T Records (███████ -1224-ATT Case # 3655792 *) Ο All the AT & T raw files related to ATT Case # 3655792 have been preserved in the RAY_Discovery Folder → Raw Records → ATT → Mogen. The raw records contained within that folder that were used in my analysis are: ☐ ReportAU_3655792 – Standard AT & T call detail report covering a time period from June 23, 2022 through August 2, 2022. ReportLoc_3655792-Standard AT & T " Historical Precision Location Information " report covering a time period of June 23, 2022 through August 2, 2022. Other AT & T reports were obtained for this account but were not significant to this analysis Ο All AT & T mappable data was converted to a Google Earth, time-synced, KML file using the LexisNexis TraX program. This device was assigned the color blue for mapping purposes. The sector representations utilized for this analysis are wedge shapes, to stay consistent with the FBI CAST analysis. The Google Earth KML file can be loaded and reviewed on any computer running the Google Earth program. Computer performance will impact load times and caching times. 4 003828 Case Report – State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805 Analysis and Report by Sy Ray ☐ The KML file was preserved in the RAY_Discovery Folder Mapped Records ████████ 1224 → Mogen Combined.kml * There are two Search Warrants that were served on AT & T for Maddie Mogen's and Xana Kernodle's AT & T records. The first warrant was served on November 17, 2022 and covered a time periods of August 1, 2022 through November 17, 2022. These records were assigned the AT & T case number 3565282. The second warrant was served on AT & T on April 12, 2023 and covered a time period of June 23, 2022 through August 2, 2022. These records were assigned the AT & T case number 3655792. Given the separate search warrants and time frame, AT & T issued two separate case numbers. When combined, there are records available for this account from June 23, 2022 through November 14, 2022. The second Search Warrant Affidavit explains the additional records were requested to see if " Kohberger had any interactions with the deceased's leading up to November 13th... ". This Affidavit was authored by Det. L. Mowery. Special Agent ████████ completed a report explaining he received these AT & T records back from AT & T on April 3, 2023. • Xana Kernodle's AT & T Records ████████ -1278-ATT Case # 3565282) All the AT & T raw files related to ATT Case # 3565282 have been preserved in the RAY_Discovery Folder → Raw Records → ATT → Kernodle. The raw records contained within that folder that were used in my analysis are: ReportAU_3565282 – Standard AT & T call detail report covering a time period from August 1, 2022 through November 14, 2022 ☐ ReportLoc_3565282-Standard AT & T " Historical Precision Location Information " report covering a time period of August 1, 2022 through December 14, 2022. Other AT & T reports were obtained for this account but were not significant to this analysis. Ο All AT & T mappable data was converted to a Google Earth, time-synced, KML file using the LexisNexis TraX program. This device was assigned the color green for mapping purposes. The sector representations utilized for this analysis are wedge shapes, to stay consistent with the FBI CAST analysis. The Google Earth KML file can be loaded and reviewed on any computer running the Google Earth program. Computer performance will impact load times and caching times. The KML file was preserved in the RAY_Discovery Folder Mapped Records ████████ 1278 Kernodle Combined.kml • Xana Kernodle's AT & T Records (████████ 1278-ATT Case # 3655792 *) 5 003829 Case Report – State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805 Analysis and Report by Sy Ray Ο All the AT & T raw files related to ATT Case # 3655792 have been preserved in the RAY_Discovery Folder → Raw Records → ATT → Kernodle. The raw records contained within that folder that were used in my analysis are: ReportAU_3655792 – Standard AT & T call detail report covering a time period from June 23, 2022 through August 2, 2022. ReportLoc_3655792-Standard AT & T " Historical Precision Location Information " report covering a time period of June 23, 2022 through August 2, 2022. Other AT & T reports were obtained for this account but were not significant to this analysis All AT & T mappable data was converted to a Google Earth, time-synced, KML file using the LexisNexis TraX program. This device was assigned the color green for mapping purposes. The sector representations utilized for this analysis are wedge shapes, to stay consistent with the FBI CAST analysis. The Google Earth KML file can be loaded and reviewed on any computer running the Google Earth program. Computer performance will impact load times and caching times. The KML file was preserved in the RAY_Discovery Folder Mapped Records ████████ 1278 Kernodle Combined.kmz • Jack Showalter's AT & T Records ████████ 7846-ATT Case # 3565282 *) Ο All the AT & T raw files related to ATT Case # 3565282 have been preserved in the RAY_Discovery Folder → Raw Records → ATT → Showalter. The raw records contained within that folder that were used in my analysis are: ReportAU_3565282 – Standard AT & T call detail report covering a time period from August 1, 2022 through November 14, 2022 ReportLoc_3565282-Standard AT & T " Historical Precision Location Information " report covering a time period of August 1, 2022 through December 14, 2022. Other AT & T reports were obtained for this account but were not significant to this analysis. Ο All AT & T mappable data was converted to a Google Earth, time-synced, KML file using the LexisNexis TraX program. This device was assigned the color tan 6 003830 Case Report – State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805 Analysis and Report by Sy Ray for mapping purposes. The sector representations utilized for this analysis are wedge shapes, to stay consistent with the FBI CAST analysis. The Google Earth KML file can be loaded and reviewed on any computer running the Google Earth program. Computer performance will impact load times and caching times. The KML file was preserved in the RAY_Discovery Folder Mapped Records █████████ 7846 Showalter Combined.kml * When the original Search Warrant was served to AT & T for these recorded on November 17, 2022, the request was for three different accounts, Mogen, Kernodle, and Showalter. Given the records were all requested on the same Search Warrant, AT & T gave all three sets the same case number (3565282). • Kaylee Goncalves T-Mobile Records █████████ 4818-T - Mobile Case # 4116581) Ο All the T-Mobile raw files related to T-Mobile Case # 4116581 have been preserved in the RAY_Discovery Folder → Raw Records → T-Mobile → Goncalves. The raw records contained within that folder that were used in my analysis are: ☐ CDR_Mediations_ ███████ 4818_11835885.xls. This is the standard CDR report from T-Mobile. These records cover a time period from 08/01/2022 through 11/16/2022. • In all, there are over 3470 cell tower connections reported in this data set. I have mapped, analyzed, and preserved all connections associated with this data set. Data_Sessions_258924 ███████ 4818.xlsx for the time period of 08/01/2022 through 11/16/2022. In total there are 6270 connections in this report. Timing advanced reports covering a period from 08/01/2022 through 11/16/2022. It is important to detail the T-Mobile record process when responding to court ordered records requests. T-Mobile uses internal case numbers to track such requests. In this case, T-Mobile's internal case number associated with Kaylee Goncalves ' records is 4116581. Ο All T-Mobile mappable data was converted to a Google Earth, time-synced, KML (Keyhole Markup Language) file using the LexisNexis TraX program. This 7 003831 Case Report – State of Idaho vs. Bryan C. Kohberger, Case Number CR29-22-2805 Analysis and Report by Sy Ray device was assigned to the color pink for mapping purposes. The sector representations utilized for this analysis are wedge shapes, to stay consistent with the FBI CAST analysis. The Google Earth KML file can be loaded and reviewed on any computer running the Google Earth program. Computer performance will impact load times and caching times. The KML file was preserved in the RAY_Discovery Folder Mapped Records █████████ 4818 Goncalves Combined.kml • Kaylee Goncalves T-Mobile Records ████████ 4818-T - Mobile Case # 4433012) Ο All the T-Mobile raw files related to T-Mobile Case # 44433012 have been preserved in the RAY_Discovery Folder → Raw Records → T-Mobile → Goncalves. The raw records contained within that folder that were used in my analysis are: CDR_Mediations ███████ 4818 12972403.xls. This is the standard CDR report from T-Mobile. These records cover a time period from 06/23/2022 through 08/01/2022. ☐ It is important to detail the T-Mobile record process when responding to court ordered records requests. T-Mobile uses internal case numbers to track such requests. In this case, T-Mobile's internal case number associated with Kaylee Goncalves ' records is 4433012. Ο All T-Mobile mappable data was converted to a Google Earth, time-synced, KML (Keyhole Markup Language) file using the LexisNexis TraX program. This device was assigned to the color pink for mapping purposes. The sector representations utilized for this analysis are wedge shapes, to stay consistent with the FBI CAST analysis. The Google Earth KML file can be loaded and reviewed on any computer running the Google Earth program. Computer performance will impact load times and caching times. ☐ The KM