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2023-24 Case Problem, A cagey situation in a new jurisdiction

State of Midlands v.

B.F. De la Porta &

Poe Cameron

BY THE AMTA CRIMINAL CASE COMMITTEE NEAL SCHUETT • MAHMUD BARI • DAVID BEN-MERRE

ROBSON HAUSER • GRAHAM HENRY ELIZABETH SMILEY • BUCHANAN J. VINES • JEREMY ZARZYCKI

August 15, 2023

People of Midlands: Welcome to AMTA’s 40th competitive season! I’m just as excited as you are to dig in to State v. De la Porta. Please join me in congratulating Elijah Bullie, Ethan Donovan, Anthony Palacios, and Emberlynn St. Hilaire from The University of Chicago, and Kole Alfonso, Lydia Faris, Haley Farrokhi, and Hannah Le from UCLA, who were respectively the champions and runners-up of the recent Rookie Rumble tournament. I hope all of you who participated in the Rumble found it fun and helpful for getting ready for a criminal case season. What I don’t think I realized when I was an AMTA competitor, and what you may not realize as you read this note, is how the long list of people you see in the left hand column of this letterhead are thinking about you. (Yes, you!) All of the work we do to write cases, plan tournaments, debate rules, recruit (and beg and grovel) for judges isn’t for us – it’s because we want you to experience the thrill of this activity, we want you to have fun, and we want you to stay involved with AMTA even after your time in Midlands courtrooms comes to an end. I want to briefly reprise a sentiment I included in last year’s welcome letter. There are lots of things you can’t control in mock trial – how good your judges are, which team you randomly draw in round 1, whether the freshman will lose the easel (they absolutely will), whether your opponent steals your favorite witness call…the list goes on. What you can control is whether you treat others with kindness. Success in this activity, just like your success in life, does not depend on your ability to be adversarial and difficult. If there are any mock trial thoughts on your mind, especially about ways you think AMTA could do better, my email is always open: [email protected]. I can’t wait to see you on the #RoadToChicago!

Sincerely,

Johnathan G. Woodward AMTA President

American Mock

Trial Association

www.collegemocktrial.org [email protected] Tel: (515) 259-6625 Officers

Johnathan G. Woodward, Esq. President Jacinth Sohi President-Elect Michael D’Ippolito, Esq. Secretary William Warihay, Esq. Treasurer David D. Cross, Esq. Legal Counsel Board of Directors

David Ben-Merre, Ph.D. Justin Bernstein, Esq. Adam Detsky, Esq. Matthew Eslick, Esq. Samantha Feak, Esq. Michael Gelfand, Esq. Glen Halva-Neubauer, Ph.D. Hon. Daniel Haughey Graham Henry, Esq. Hon. Toby Heytens Andy Hogan Devon Holstad, Esq. Sam Jahangir, Esq. Susan Johnson Barry Langford, Esq. DeLois Leapheart, Esq. Joshua Leckrone, Esq. Diane Michalak, Esq. Angela Minor, Esq. Brian Olson, Esq. Thomas Parker, Esq. Margaret Randels Schuette, Esq. Neal Schuett, Esq. Elizabeth Smiley, Esq. Jacinth Sohi Kyle Thomason, Esq. Michael Walsh, Esq. Melissa Watt, Esq. Elise Wilson, Esq.

SYNOPSIS‹ During the annual charity gala for Sohi Children’s Hospital, four masked individuals break into the vault at Miller Tower. During the heist, one of the armed robbers and Emory Sands, a Miller Tower security officer, are severely wounded. Two of the robbers flee via a helicopter on the rooftop and two flee into the streets of Santa Ivo City. After an extensive investigation on the local and federal level, Poe Cameron is arrested as one of the four suspected armed robbers, and local billionaire Berkley De la Porta is arrested for funding the criminal operation.

AVAILABLE WITNESSES • Kit Bahmani, police detective • Shar Burke, federal investigator • Jun Cage, vendor • Poe Cameron, accused citizen • Cyprus Cosmos, philanthropist • Berkley De la Porta, venture capitalist

• Amarii Ebi, forensic analyst • M. Nguyen, forensic lab tech • Blaise Nova, property manager • Parker Orlov, wait staff • Emory Sands, security officer

SUSPECTED ERRORS

Please report any typos or other suspected errors to [email protected].

LICENSING FEE FOR INVITATIONAL TOURNAMENTS HOSTS These case materials are the intellectual property of the American Mock Trial Association. By paying the School Registration Fee, a school acquires a license to use this case for internal educational purposes and to compete at AMTA-sanctioned tournaments (that is, Regionals, ORCS, and the National Championship Tournament). Under AMTA’s Intellectual Property policy, however, this license does not by itself permit use of these case materials to host an invitational tournament. Instead, schools wishing to use these case materials to host an invitational tournament must obtain a separate license to do so. Unlicensed use may result in sanctions. If you have any questions, please contact [email protected].

NOTES AND ACKNOWLEDGEMENTS This case is a work of fiction. Any similarity to real people, companies, physical geographic locations, trade names, service marks, or copyrighted material is purely coincidental. Although the Criminal Case Committee has attempted to make the case problem realistic, we have, for the sake of brevity and competition, simplified various matters. Please do not rely on the information contained in the case problem outside of the mock trial context. The Committee wishes to thank and acknowledge:

• Judge Daniel Haughey, Judge Toby Heytens, Sam Jahangir, Bradley Ouambo, and Anna Eldridge for proofreading the case.

Contact Drexel Kline's Trial Competition Director Phil Pasquarello at [email protected] for more information.

Revised 8/27/23

SPECIAL INSTRUCTIONS

1. Witness Selection and Captains’ Meeting Procedures. The Captains’ Meeting Form explains the procedures regarding witness selection, character pronouns, and characters’ personal traits.

2. Revision Dates. Revision dates do not indicate anything about the history of case documents. They exist solely to ensure participants use the most recent version at trial. Parties may not use these dates to introduce facts about the case.

3. Documents and Characters Are What and Who They Purport to Be. Witnesses must acknowledge authorship of any document that purports to be authored by them and the authenticity of any signature that purports to be theirs. A witness whose affidavit, report, or trial transcript states a witness is familiar with a particular document must acknowledge that the witness is familiar with that document and that the referenced document is the same version as the corresponding document in the current case. In addition, a witness whose affidavit, report, or interrogation states that a witness is familiar with or recognizes a particular person must acknowledge that the student portraying any witness of the same name during a given round is the same person referenced in the affidavit, report, or transcript.

4. Indictments. B.F. De la Porta shall only be prosecuted on charges from De la Porta’s indictment dated August 1, 2023. Poe Cameron shall only be prosecuted on charges from Cameron’s indictment dated August 2, 2023.

5. Offender Selection. The prosecuting team must select either B.F. De la Porta or Poe Cameron to prosecute. Once the prosecuting team has selected their desired defendant, the prosecution must also select which charges they will pursue against their desired defendant based on the following instructions. (A) If the Prosecution decides to prosecute B.F. De la Porta.

(1) The prosecuting team must pursue at least one of the first four counts in De la Porta’s indictment and may elect to also pursue count five (Receiving Stolen Property).

(2) During the trial of B.F. De la Porta, Supplemental Stipulation #1 exists and may be read onto the record during trial pursuant to the time limits established in Special Instruction 25.

(B) If the Prosecution decides to prosecute Poe Cameron. (1) The Prosecution must select at least two indicted charges to pursue at trial from

Cameron’s indictment. (2) During the trial of Poe Cameron, Supplemental Stipulation #1 does not exist and shall

not be used during the trial. 6. Constructive Superseding Indictment. If the prosecuting team elects to pursue fewer

charges than are listed on either defendant’s respective indictment, within the rules established in Special Instruction 5, then both teams should proceed as if a constructive superseding indictment has been issued by the grand jury. Neither team shall comment during the trial on the charges in the original indictment that the prosecuting team did not elect to pursue.

Revised 8/27/23

7. Potential Affirmative Defense. A defense team representing B.F. De la Porta must argue that De la Porta did not commit the charged offense(s) and is not guilty except as provided by Special Instruction 8. No affirmative defenses may be offered in De la Porta’s trial. However, a defense team representing Poe Cameron may elect to pursue the affirmative defense of duress, as defined by Relevant Midlands Law. If the defense team elects to pursue the duress defense, it must notify the prosecuting team as described on the Captains’ Meeting Form. If Cameron’s defense attorneys do not elect to argue duress, no other affirmative defenses may be offered in Cameron’s trial, and Cameron’s defense attorneys must argue that Cameron is not guilty. (Note: An affirmative defense is an admission of criminal wrongdoing (committed the applicable crime) by the defendant; however, the defense team is allowed to argue that the defendant is “not guilty” based on the legal defense of duress. A defense team cannot argue duress without Cameron admitting that Cameron committed the charged offense(s).)

8. Admitting to RSP (De la Porta). If the prosecution elects to prosecute Berkley F. De la Porta and opts to pursue count five (receiving stolen property), Berkley De la Porta and De la Porta’s counsel are permitted to admit to the offense of receiving stolen property consistent with the statements contained in De la Porta’s affidavit.

9. Affidavits. Unless otherwise stated herein, all of the witness affidavits, reports, and interrogations are “affidavits” pursuant to AMTA Rule 7.21 including Detective Kit Bahmani’s interview (Exhibit 22) and both of M. Nguyen’s reports (DNA & Fingerprint). Exhibits 18 and 19 are not affidavits pursuant to AMTA Rule 7.21.

10. Poe Cameron’s “Affidavit.” (A) Unlike Berkley De la Porta, Poe Cameron does not have an affidavit. Cameron’s

11/21/22 and 12/5/22 interrogations are not an “affidavit” for purposes of AMTA Rules 7.17 (Admission) or 7.21 (Invention of Fact). Accordingly, Rules 7.17 and 7.21 do not apply to the 11/21/22 or 12/5/22 interrogations except as described below.

(B) Students playing Cameron may build their testimony using the interrogation and other documents in the case. Cameron (and only Cameron) may also invent facts outside of the case documents but is still subject to being cross examined on those inventions using the interrogation, exhibits, or other case materials which Cameron is familiar.

(C) Only in rounds where Cameron will assert the affirmative defense of duress, Cameron may claim that Cameron lied to Detective Bahmani during the 11/21/22 and 12/5/22 interrogations when, and only when, Cameron stated that (1) Cameron was not involved in the 10/31/22 Miller Tower heist, (2) Cameron was never at the Ivy Lane apartment complex or in Ivy Lane unit 322, and (3) Cameron was not at the Miller Tower prior to 10/31/22 taking pictures of security cameras and doors

(D) Unless otherwise expressly stated in Special Instruction10(C), all inventions of fact by Cameron must comply with all AMTA Rules and other special instructions in the case. In particular, Cameron shall not (a) deny giving the answers attributed to Cameron in the interrogations; (b) claim that Cameron was lying during either interrogation; (c) recant the answers given in the interrogations (see Rule 6.11(3)); (d) deny or argue that

Revised 8/27/23

Cameron’s prior conviction record (Exhibit 20) is inaccurate or fabricated; or (e) deny ownership or the authenticity of the Halloween mask receipt (Exhibit 6) or ring (Exhibit 7). This list is intended to be illustrative, and it is not exhaustive. Violations of this instruction will be subject to a review procedure similar to the procedures described in Rule 7.21.

11. Cameron/De la Porta Availability Toggle. If the prosecuting team elects to prosecute Cameron, De la Porta is not available to be selected as a witness. Similarly, if the prosecuting teams elects to prosecute De la Porta, Cameron is not available to be selected as a witness.

12. Cameron Interrogations. If Berkley De la Porta is being prosecuted, the prosecuting team may not introduce either of Cameron’s interrogations, in whole or in part, as evidence. If De la Porta is being prosecuted, both teams should treat Cameron’s 11/21/22 and 12/5/22 interrogations as nonexistent. Instead, both teams should proceed as if Poe Cameron gave no statements to Detective Bahmani or any other officer prior to pleading guilty consistent to the terms of Supplemental Stipulation #1.

13. Party Representatives. For the purposes of Rule 615 of the Midlands Rules of Evidence: (1) Detective Kit Bahmani is the only permissible “representative” for the State of Midlands; (2) when Poe Cameron is the defendant, Cameron must be the “party” for the defense team; and (3) when B.F. De la Porta is the defendant, De la Porta must be the “party” for the defense team.

14. Identification of Defendant. Identification of a criminal defendant is an essential element of the charge and, therefore, must be presented by the prosecution as part of its burden of proof. See State v. Homel (2010). Accordingly, prosecution teams must call a witness that can identify the Defendant. Teams that have more than six members on their rosters must have a defendant seated at defense counsel table for in-court identification purposes. If the defense team does not have enough members to seat someone at defense counsel table as the defendant, then the defendant will be constructively present at trial. Before the trial begins, the defense team must let the prosecution team know whether the defendant will be constructively present and, if so, what the defendant is constructively wearing for in-court identification purposes by the prosecuting witnesses.

15. Confrontation Clause Objections are Prohibited. Teams are prohibited from making objections on any 6th Amendment Confrontation Clause grounds. For example, a defense team is prohibited from objecting to statements provided to Detective Bahmani or Agent Burke on constitutional grounds that the statements violate the defendant’s right to confrontation. This prohibition includes any objections based on the holdings of United States v. Bruton and Crawford v. Washington and its progeny. However, neither team is prohibited from objecting to evidence based on the Midlands Rules of Evidence or Relevant Midlands Law contained herein.

16. Fifth Amendment (Witnesses). No available witness may refuse to answer any question— and no attorney may instruct a witness not to respond—based on the witness’s Fifth Amendment rights.

Revised 8/27/23

17. Closed-Universe Problem. The only legal materials that competitors may mention, or judges may rely upon, for any purpose are those set forth in the Relevant Midlands Law and the Midlands Rules of Evidence. All participants must acknowledge such if asked by a judge. This means that no objections may be made on constitutional grounds.

18. Mask. Exhibit 23 shall be provided by the prosecuting team. The mask that will be identified as Exhibit 23 must be disclosed to the defense team during the Captains’ Meeting prior to trial. The mask shall not be a depiction of any living human, a body part, or that anything that is offensive or is lewd in nature. Neither team shall comment on whether the mask identified as Exhibit 23 would fit the student playing Cameron. Neither team shall ask or allow any witnesses to put on Exhibit 23. (Note: The Case Committee wants competitors to be able to have fun and be creative with the mask that they select. However, if this privilege is abused or becomes a source of complaints about insensitive or inappropriate masks, the Case Committee will alter this Special Instruction and case to remove this option.)

19. Exhibit 28 (AMTA supplied mask picture). Exhibit 28 exists only if the prosecuting team fails to disclose a mask at Captains’ Meeting to use as Exhibit 23 pursuant to Special Instruction 18. If Exhibit 28 is being used in the trial, all case materials hereafter that refer to Exhibit 23 are constructively amended to read Exhibit 28.

20. DNA. Any DNA testing that would have resulted in sex-specific determinations is considered to be a match to the gender identity of the student portraying the role, or alternatively if no student is portraying the role, to the gender identity chosen by the team empowered to make the choice in captains. No participant, including the closing attorney for either team, is permitted to imply that the DNA results are more or less accurate because of the lack of presence of sex-specific loci within the DNA testing.

21. Legal Documents. All documents identified as “Legal Documents” (on the Available Case Documents page) that use “De la Porta/Cameron” in the case heading for the defendant may be used in all trials, regardless of which defendant is prosecuted, unless otherwise noted in these Special Instructions. Teams should proceed as if the case heading constructively contains only the defendant being prosecuted in their specific trial.

22. Using Jury Instructions. The jury instructions are provided as educational tools. They are not exhibits or evidence to be admitted at trial. These documents are designed to help you understand the law and how juries are instructed before deliberation. Closing attorneys may not contradict the jury instructions; however, they are not required to use or reference the jury instructions during their closing arguments. Attorneys can presume that the jury instructions will be constructively read to the jury by the presiding judge before both parties have presented closing arguments.

23. Best Evidence Rule Limited to Items in the Case Packet. No attorney may object under Rule 1002 of the Midlands Rules of Evidence if the “original writing, recording, or photograph” in question is not among the documents contained in this case packet.

24. Black-and-White Copies. No objection may be raised on the ground that a document, exhibit, or demonstrative was altered by printing it in black-and-white.

Revised 8/27/23

25. Time Limits. Should a team wish to publish part or all of a document by reading it onto the record, the time spent reading shall be deducted from the publishing team’s total direct or cross time, depending on whether the reading occurs during the publisher’s case-in-chief or that of the other team. Publication may not occur before opening statements or after the defense team closes its case-in-chief.

26. Auction Brochure. The auction brochure (Exhibit 2) was designed to be assembled/folded into booklet form. The witnesses would have seen the Exhibit 2 in a booklet form. However, no witness may deny recognizing or assert that Exhibit 2 is inauthentic if Exhibit 2 is not assembled or folded into booklet form. Teams may also assemble Exhibit 2 into booklet form for use during trial, though that is not required.

27. Pictures of Poe Cameron & Memphis Raynes. Defense teams are permitted to bring their own pictures for Poe Cameron (Exhibit 26) and Memphis Raynes (Exhibit 27) so long as both exhibits comply with the terms established herein. Raynes and Cameron are biological siblings and have the same gender identity but are not identical twins. Any pictures selected by the Defense team must adhere to those terms. In trials where Cameron will neither be called as a witness nor sitting at counsel table and the Defense team has not supplied photos of Poe Cameron and Memphis Raynes, the Prosecution team may supply the photos to be used as Exhibits 25 and 26.

28. Duress Defense Limitation. Defense teams are prohibited from arguing or presenting evidence of a duress defense based on sexual assault or threats thereof.

29. Knowledge of De la Porta’s affidavit. Agent Shar Burke and Detective Kit Bahmani have read and are familiar with Berkley F. De la Porta’s affidavit.

AVAILABLE CASE DOCUMENTS Legal Documents

1. Notice of Intent to Offer Character Evidence 2. Indictment (B.F. De la Porta) 3. Indictment (Poe Cameron) 4. Relevant Midlands Law 5. Stipulations 6. Orders on Motion in Limine 7. Jury Instructions

Witness Materials

1. Affidavit of Cyprus Cosmos 2. Affidavit of Parker Orlov 3. Affidavit of Jun Cage 4. Affidavit of Blaise Nova 5. Affidavit of Emory Sands 6. Affidavit of Berkley F. De la Porta 7. Report of Shar Burke 8. Report of Kit Bahmani 9. Report of M. Nguyen (DNA) 10. Report of M. Nguyen (Fingerprint) 11. Report of Amarii Ebi 12. Interrogation #1 of Poe Cameron 13. Interrogation #2 of Poe Cameron

Revised 8/27/23

EXHIBIT LIST

1. Invitation to the Sohi Children’s Hospital Gala at Miller Tower 2. Brochure for auction items 3. Diagram of Miller Tower: 40th Floor 4. Diagram of Miller Tower: Roof 5. Picture of Miller Tower Key Card 6. Picture of Poe Cameron’s receipt 7. Picture of Poe Cameron’s ring 8. Diagram of Ivy Lane unit 322 9. Picture of purple key fob for unit 322 10. Picture of blue key fob for unit 322 11. Picture of red key fob for unit 322 12. Ivy Lane lease agreement for unit 322 13. FBI 302 Form: Transcript of CI call 14. “Miller Tower phone” call log screenshot (Cameron) 15. “Miller Tower phone” call log screenshot (Raynes) 16. “Miller Tower phone” call log screenshot (Unknown Caller) 17. FBI ESD0312 Form: Confidential Profile 18. “So It Was Written” Article 19. “Santo Ivo Tech Talk” Article 20. Public Records Request (Cameron) 21. Public Records Request (Raynes) 22. Interview Transcript of Det. Kit Bahmani 23. Mask 24. MSIG Business Card 25. Photo of Poe Cameron 26. Photo of Memphis Raynes 27. Medical Report for Emory Sands 28. Mask photo supplied by AMTA 29. Detective Bahmani’s Security Footage Notes 30. Text Message Report & Declaration

Revised 8/27/23

Captains’ Meeting Form Before receiving ballots, teams must turn in one completed copy of this form to the AMTA Representative. Participants may not view (or attempt to view) the form for any trial in which their team does not compete. All selections are final and binding once announced. Room Number: __________ Team Numbers: ___________________ Round: 1 2 3 4 The Captains’ Meeting proceeds in the following order: 1. INDICTMENT SELECTION. The Prosecution team must select 1) the Defendant and 2) the

charge(s) it is pursuing pursuant to Special Instruction 5. Prosecution Selections

Defendant Name Count #1 Count #2 Count #3 Count #4 Count #5

2. WITNESS SELECTION. Only the Prosecution may call Burke, Bahmani, Nguyen, Nova, and Sands.

Only the Defense may call Cameron, de la Porta, Ebi, and Orlov. Either side may call Cosmos and Cage. The witness call order shall proceed as follows: P-D-D-P-D-P. Memphis Raynes is not an available witness.

a. If Poe Cameron is the defendant, Defense must notify Prosecution if Cameron will assert an affirmative defense of duress:

Cameron will assert the defense of duress Cameron will not assert the defense of duress

3. CHARACTER EVIDENCE NOTICE. Both parties must disclose their intentions as enumerated on the Notice of Intent to Offer Character Evidence form attached herein.

4. IN-ROUND CALL ORDER. Fill in the order in which the witnesses will testify. Prosecution Witness Selections Defense Witness Selections

Witness Name Call # Witness Name Call #

5. GENDERS/PRONOUNS. Defense announces the selected defendant’s preferred pronouns. State of Midlands will determine the pronouns for all side-constrained Prosecution witnesses. Defendant will determine pronouns of all side-constrained Defense witnesses, including Memphis Raynes. The pronouns of Cosmos and Cage will be determined by the team calling that witness (or by Prosecution if that witness will not be called.) Teams shall also complete the Gender/Pronouns Form included herein.

Prosecution Pronoun Defense Pronoun Other Pronoun Burke Cameron Cosmos Bahmani De la Porta Cage Nguyen Ebi Nova Orlov Sands Raynes

6. EXHIBITS AND DEMONSTRATIVES. Teams must show any demonstrative aid within the meaning of AMTA Rule 7.20 to the other team during the Captains’ Meeting. Failure to do so shall constitute an absolute bar to using the demonstrative in any way during trial. Any objections based on the Special Instructions or AMTA Rules must be raised and brought to the AMTA Representatives’ attention during the Captains’ Meeting and may not be raised or renewed during trial. Objections based on the Midlands Rules of Evidence, however, may and must be made at trial.

Revised 8/27/23

Gender Pronouns Form During the Captains’ Meeting, teams must complete one copy of this form. One completed copy of this form must be provided to the presiding judge during pre-trial. Room Number: ________________ Round: 1 2 3 4 Prosecution Team Number: _________ Defense Team Number: _________ Please complete this form in the following order:

1. ATTORNEY PRONOUNS. Please include the names and pronouns of all attorneys who will be competing in the round.

Plaintiff Attorney Name Pronouns Defense Attorney Name Pronouns

2. TESTIFYING WITNESS PRONOUNS. Please include the character names and pronouns of all witnesses who will be called to testify during the round. Do not include any witnesses who will not be testifying.

Prosecution Witnesses Defense Witnesses

Witness Name Pronouns Witness Name Pronouns

3. PROSECUTION’S REPRESENTATIVE & PARTY PRONOUNS. Teams who will not call a Prosecution’s representative or party to testify but will have them seated at counsel table either in person or constructively, must include the applicable pronouns below. Teams who will neither call a representative nor have them seated at counsel table may leave this section blank. The applicable defendant’s pronouns must be identified prior to trial.

Prosecution’s Representative Defense Party

Witness Name Pronouns Defendant Name Pronouns

Detective Kit Bahmani

IN THE CIRCUIT COURT, CRIMINAL DIVISION CHARLOTTE COUNTY, MIDLANDS

STATE OF MIDLANDS, * Plaintiff, * * v. * * DE LA PORTA/CAMERON, * Defendant. * *

NOTICE OF INTENT TO OFFER CHARACTER EVIDENCE The parties give notice of their intention to offer character evidence as follows: 1. ___ The defendant will offer evidence under Rule 404(a)(2)(A) of the following traits of his/her own character: _______________________________________ and understands that, in lieu of rebuttal witnesses, the prosecution may offer rebuttal evidence of those same traits of character during its case in chief. 2. ___ The prosecution will offer evidence of prior crimes, wrongs, or acts under Rule 404(b)(2). 3. ___The defendant will offer opinion and/or reputation evidence of a prosecution witness’s character for truthfulness/untruthfulness under Rule 608(a) and understand that, in lieu of rebuttal witnesses, the prosecution may rebut this evidence during its case in chief. The defendant intends to offer evidence under this rule about the following witnesses: Signed: _________________________, Attorney for Defendant __________________ _________________________, Attorney for the State of Midlands NOTE TO JUDGES: Parties may offer evidence of the character of a person during their case in chief, consistent with the Midlands Rules of Evidence

Revised 8/27/23

IN THE CIRCUIT COURT, CRIMINAL DIVISION

CHARLOTTE COUNTY, MIDLANDS STATE OF MIDLANDS, * CASE NO.: CR2023-08-0992 Plaintiff, * * v. * * BERKLEY DE LA PORTA, * Defendant. * *

INDICTMENT STATE OF MIDLANDS, COUNTY OF CHARLOTTE, SS: In the Year 2023 THE JURORS OF THE GRAND JURY OF THE STATE OF MIDLANDS, within and for the body for the County aforesaid, on their oaths, in the name and by the authority of the State of Midlands, do find and present that:

COUNT ONE

CONSPIRACY—GRAND THEFT On or about August 1, 2022 to October 31, 2022, in Charlotte County, Midlands, Berkley F. De la Porta (1) purposefully entered into an agreement with another person or persons to commit Grand Theft in violation of MPC §18-668(B)(1), or to solicit another person or persons to commit Grand Theft in violation of MPC §18-668(B)(1), and (2) a party to the agreement committed an overt act in furtherance of this agreement, which constitutes the offense of Conspiracy to Grand Theft, a Class 1 Felony, in violation of MPC §18-371~§18-668(B)(1), and against the peace and dignity of the State of Midlands.

COUNT TWO CONSPIRACY—AGGRAVATED BURGLARY

On or about August 1, 2022 to October 31, 2022, in Charlotte County, Midlands, Berkley F. De la Porta (1) purposefully entered into an agreement with another person or persons to commit Aggravated Burglary in violation of MPC §18-103.2(B)(1), or to solicit another person or persons to commit Aggravated Burglary in violation of MPC §18- 103.2(B)(1), and (2) a party to the agreement committed an overt act in furtherance of this agreement, which constitutes the offense of Conspiracy to Aggravated Burglary, a Class 1 Felony, in violation of MPC §18-371~§18-103.2(B)(1), and against the peace and dignity of the State of Midlands.

Revised 8/27/23

COUNT THREE

CONSPIRACY—AGGRAVATED ROBBERY On or about August 1, 2022 to October 31, 2022, in Charlotte County, Midlands, Berkley F. De la Porta (1) purposefully entered into an agreement with another person or persons to commit Aggravated Robbery in violation of MPC §18-103.1(B)(1), or to solicit another person or persons to commit Aggravated Robbery in violation of MPC §18- 103.1(B)(1), and (2) a party to the agreement committed an overt act in furtherance of this agreement, which constitutes the offense of Conspiracy to Aggravated Robbery, a Class 1 Felony, in violation of MPC §18-371~§18-103.1(B)(1), and against the peace and dignity of the State of Midlands.

COUNT FOUR WIRE FRAUD

On or about August 1, 2022 to January 31, 2023, in Charlotte County, Midlands, Berkley F. De la Porta knowingly created or participated in a scheme to defraud another out of money or property with an intent to defraud wherein it was reasonably foreseeable that the offender would use wire communications and the offender did, in fact, use wire communications in furtherance of the offense, which constitutes the offense of Wire Fraud, a Class 1 Felony, in violation of MPC §18-1343, and against the peace and dignity of the State of Midlands.

COUNT FIVE RECEIVING STOLEN PROPERTY—OBJECT OF CULTURAL HERITAGE

On or about August 1, 2022 to January 31, 2023, in Charlotte County, Midlands, Berkley F. De la Porta received, concealed, exhibited, or disposed of an object of cultural heritage, knowing that the object had been stolen or obtained by fraud, and, in fact, the object was stolen or obtained by fraud from the care, custody, or control of a museum, legitimate auction house, charity organization, nonprofit organization, or similarly situated organization in lawful possession of any object of cultural heritage, receives, conceals, exhibits, or disposes of the object, which constitutes the offense of Receiving Stolen Property, a Class 2 Felony, in violation of Midlands Penal Code 18-668(B)(2), and against the peace and dignity of the State of Midlands. A. Gurtatta A. Gurtatta (0086034) ASST. PROSECUTING ATTORNEY CHARLOTTE COUNTY

A TRUE BILL L. Zedell

FOREPERSON, GRAND JURY Date Signed: August 1, 2023

Revised 8/27/23

IN THE CIRCUIT COURT, CRIMINAL DIVISION CHARLOTTE COUNTY, MIDLANDS

STATE OF MIDLANDS, * CASE NO.: CR2023-08-0992 Plaintiff, * * v. * * POE CAMERON, * Defendant. * *

COUNT ONE

CONSPIRACY—GRAND THEFT On or about August 1, 2022 to October 31, 2022, in Charlotte County, Midlands, Poe Cameron (1) purposefully entered into an agreement with another person or persons to commit Grand Theft in violation of MPC §18-668(B)(1), or to solicit another person or persons to commit Grand Theft in violation of MPC §18-668(B)(1), and (2) a party to the agreement committed an overt act in furtherance of this agreement, which constitutes the offense of Conspiracy to Grand Theft, a Class 1 Felony, in violation of MPC §18- 371~§18-668(B)(1), and against the peace and dignity of the State of Midlands.

COUNT TWO AGGRAVATED BURGLARY

On or about October 31, 2022, in Charlotte County, Midlands, Poe Cameron entered a building or occupied structure or separately secured or occupied portion thereof with the purpose of committing a crime therein, and in doing so, knowingly caused or attempted to cause serious bodily harm to another person, or knowingly caused or attempted to cause bodily injury to another with a deadly weapon, which constitutes the offense of AGGRAVATED BURGLARY, a Class 1 Felony, in violation of Midlands Penal Code §18-103.2, and against the peace and dignity of the State of Midlands.

Revised 8/27/23

COUNT THREE AGGRAVATED ROBBERY

On or about October 31, 2022, in Charlotte County, Midlands, Poe Cameron took or attempted to take, with the intent to steal, the property of another person or persons against their will by violence or imminent threat of force against such other person or persons, and in doing so, knowingly caused or attempted to cause serious bodily harm to another person, or knowingly caused or attempted to cause bodily injury to another with a deadly weapon, which constitutes the offense of AGGRAVATED ROBBERY, a Class 1 Felony, in violation of Midlands Penal Code §18-103.1, and against the peace and dignity of the State of Midlands.

COUNT FOUR AGGRAVATED ASSAULT

On or about October 31, 2022, in Charlotte County, Midlands, Poe Cameron knowingly caused or attempted to cause serious bodily harm to another person, or knowingly caused or attempted to cause bodily injury to another with a deadly weapon, which constitutes the offense of AGGRAVATED ASSAULT, a Class 2 Felony, in violation of Midlands Penal Code §18-111.2, and against the peace and dignity of the State of Midlands.

COUNT FIVE KIDNAPPING

On or about October 31, 2022, in Charlotte County, Midlands, Poe Cameron (1) took or attempted to take another person or persons from one place to another against their will, or (2) purposefully confined another person or persons to a controlled space, which constitutes the offense of KIDNAPPING, a Class 3 Felony, in violation of Midlands Penal Code §18-155, and against the peace and dignity of the State of Midlands. N. Muldrow N. Muldrow (0081437) ASST. PROSECUTING ATTORNEY CHARLOTTE COUNTY

A TRUE BILL T. Chatterjee

FOREPERSON, GRAND JURY Date Signed: August 2, 2023

Revised 8/27/23

RELEVANT MIDLANDS LAW The statutes and cases listed below, along with the Midlands Rules of Evidence, are the only legal authorities that may be cited in trial.

Applicable Provisions from Midlands Penal Code

Midlands Penal Code §18-100.1 Knowingly Defined (A) A person acts knowingly with respect to a material element of an offense when: (i) if the

element involves the nature of the person’s conduct or the attendant circumstances, the person is aware that their conduct is of that nature or that such circumstances exist; or (ii) if the element involves a result of their conduct, the person is aware that it is practically certain that their conduct will cause such a result.

Midlands Penal Code §18-100.2 Purposefully Defined

(A) A person acts purposefully when that person acts with the intent to cause a certain result. Midlands Penal Code §18-100.3 Reckless Defined

(A) A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person’s conduct is likely to cause a certain result or is likely to be of a certain nature.

Midlands Penal Code §18-100.23 Weapons control definitions

(A) “Deadly weapon” means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.

Midlands Penal Code §18-103.1 Robbery

(A) Offenses—A person is guilty of robbery if that person— (1) attempts to take or takes with the intent to steal the property of another person or

persons against their will by violence or imminent threat of force against such other person or persons.

(B) Aggravating Factor—A person is guilty of aggravated robbery if that person— (1) in violating (A)(1) of this section, knowingly causes or attempts to cause serious bodily

harm to another person, or knowingly causes or attempts to cause bodily injury to another with a deadly weapon.

Revised 8/27/23

Midlands Penal Code §18-103.2 Burglary (A) Offenses—A person is guilty of burglary if that person—

(1) enters a building or occupied structure or separately secured or occupied portion thereof with the purpose of committing a crime therein unless the premises are open to the public or the person is licensed to enter the building, occupied structure, or separately secured or occupied portion thereof.

(B) Aggravating Factor—A person is guilty of aggravated burglary if that person— (1) in violating (A)(1) of this section, knowingly causes or attempts to cause serious bodily

harm to another person, or knowingly causes or attempts to cause bodily injury to another with a deadly weapon.

Midlands Penal Code §18-111.2 Aggravated Assault

(A) Offenses—A person is guilty of aggravated assault if that person— (1) attempts to cause serious bodily harm to another, or causes such harm purposefully,

knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or

(2) attempts to cause or purposefully or knowingly causes bodily injury to another with a deadly weapon.

Midlands Penal Code §18-155 Kidnapping

(A) Offenses—A person is guilty of kidnapping if that person— (1) attempts to take or takes another person or persons from one place to another against

their will, or the purposeful confinement of another person or persons to a controlled space.

Midlands Penal Code §18-371 Conspiracy (A) Offenses—A person is guilty of conspiracy to commit a crime if—

(1) with the purpose of promoting or facilitating the commission of a crime a person: a. agrees with another person or persons that they, or one or more of them, will

engage in conduct that constitutes such crime or an attempt or solicitation to commit such crime; or

b. agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.

(B) Scope of Conspiratorial Relationship (1) If a person guilty of conspiracy, as defined by Subsection (A)(1) of this Section, knows

that a person with whom they conspired to commit a crime has conspired to with another person or persons to commit the same crime, that person is guilty of conspiring with such other person or persons, whether or not they know the identity of other such person or persons, to commit such crime.

(C) Conspiracy with Multiple Criminal Objectives (1) If a person conspires to commit a number of crimes, that person is guilty of only one

conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.

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(D) Definitions (1) Overt Act

a. No person may be convicted of conspiracy to commit a crime unless an overt act in pursuance of such conspiracy is alleged and proven to have been done by said person or by another person with whom they conspired.

Midlands Penal Code §18-668 Grand Theft; Receiving Stolen Property Thereof

(A) Definitions—In this section— (1) “Object of cultural heritage” means an object that is:

a. Over 100 years old and worth in excess of $5,000; or b. Worth at least $100,000

(B) Offenses—A person who— (1) steals or obtains by fraud from the care, custody, or control of a museum, legitimate

auction house, charity organization, nonprofit organization, or similarly situated organization in lawful possession of any object of cultural heritage; or

(2) knowing that an object of cultural heritage has been stolen or obtained by fraud, if in fact the object was stolen or obtained from the care, custody, or control of a museum, legitimate auction house, charity organization, nonprofit organization, or similarly situated organization in lawful possession of any object of cultural heritage (whether or not that fact is known to the person), receives, conceals, exhibits, or disposes of the object.

Midlands Penal Code §18-1343 Wire Fraud

(A) Offenses—A person is guilty of wire fraud if that person— (1) knowingly creates or participates in a scheme to defraud another out of money or

property with an intent to defraud wherein it was reasonably foreseeable that the offender would use wire communications and the offender did, in fact, use wire communications in furtherance of the offense.

Midlands Penal Code §18-9999 Penalties [Selected Provisions] The following penalties shall apply: Class 1 Felony: No less than 20 years imprisonment. No greater than life without parole. Class 2 Felony: No less than 10 years imprisonment. No greater than 25 years. Class 3 Felony: No less than 5 years imprisonment. No greater than 8 years. Class 4 Felony: No less than 9 months imprisonment. No greater than 3 years. Class 5 Felony: No less than 6 months imprisonment. No greater than 1 year. Misdemeanor: Up to 1 year of imprisonment.

Revised 8/27/23

Relevant Cases

All cases are rulings of the Midlands Supreme Court, the highest court in Midlands, unless otherwise specified.

Mens Rea & Actus Reus State v. Shapiro (1975) Defendant charged with offense requiring a mental state of “knowingly” argued that the evidence was insufficient because there was no indication she desired or hoped for a particular result. Held: Conviction affirmed. A defendant who acted purposefully or who intended a particular result certainly acted knowingly, MPC 18-100.1 makes clear there is no such requirement. State v. Lawan (2019) Defendant argued that his conviction for aggravated robbery MPC 18-103.1 was not supported by the manifest weight of the evidence and that the State had not offered sufficient evidence of a specific intent to cause serious bodily harm to another person when he acted. Held: Conviction affirmed. The General Assembly conspicuously used the “knowingly” mens rea in MPC 18- 103.1, not “purposeful” or language that mandates a specific intent to harm. State v. Wilson (2000) As used in MPC 18-103.2, “occupied structure” means any house, building, or shelter, to which any of the following applies:

(1) It is maintained as a permanent or temporary dwelling, even though it is temporarily unoccupied and whether or not any person is actually present;

(2) At the time, it is occupied as the permanent or temporary habitation of any person, whether or not any person is actually present;

(3) At the time, it is specifically adapted for the overnight accommodation of any person, whether or not any person is actually present;

(4) At the time, any person is present or likely to be present. State v. Sims (2018) As used in MPC 18-111.2, “substantial risk” means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist. State v. Kenney (2003) Under MPC 18-111.2 and any criminal statute that contains an “Aggravating Factor” enhancement offense, “serious bodily harm to any person” means any of the following:

(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;

(2) Any physical harm that carries a substantial risk of death; (3) Any physical harm that involves some permanent incapacity, whether partial or total, or

that involves some temporary, substantial incapacity; (4) Any physical harm that involves some permanent disfigurement or that involves some

temporary, serious disfigurement;

Revised 8/27/23

(5) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

“Substantial risk” was previously defined by this Court in State v. Sims. State v. Orduz (1999) As used in MPC 18-668, “steal” is just a synonym for “theft.” Accordingly, all the same elements for common law theft apply to the term “steal.” “Theft” has long been defined as the taking or exerting control over the property of another with the intent to deprive the owner thereof. State v. Lee (2005) Defendant charged with petty theft argued that she did not “take” the jewelry from the victim because the victim voluntarily gave the defendant the jewelry. Defendant’s argument is without merit. The victim was not only the victim of theft but a victim of deception by the defendant to induce the victim to “voluntarily” transfer the jewelry to the defendant. It is still theft if the thief accomplishes the “taking” (of the property of another) through means of deception, threat, intimidation, or by breaching the terms of agency established between the agent and principal. State v. LaRue (2012) As used in MPC 18-1343, “defraud” means the act of knowingly obtaining some benefit for oneself or another by deception, or knowingly cause some detriment to another person or entity by deception. Furthermore, a defendant acts with the intent to deceive when that defendant makes false statements or utilizes other forms of dishonesty or trickery. Deception occurs when a defendant (1) engages in a scheme or artifice to defraud or obtain money and/or property, or (2) deprives a victim of money and/or property through acts of dishonesty or trickery. State v. Webb (2018) As used in MPC 18-1343, “wire communications” includes digital and cellular communications. The fact that almost all communication in modern society is done via wireless communication devices does not exculpate a defendant from “wire fraud” charges when that defendant uses text messages or email messages to participate in a scheme to defraud another out of money or property. State v. Blaine (2020) In order for a defendant to succeed on a claim of “duress,” the defendant must present sufficient evidence that (1) they had an actual fear of serious and immediate bodily injury or death to himself or others; (2) they had no reasonable means to escape from the situation; and (3) as a result, they were forced to participate in criminal activity. In asserting the affirmative defense of “duress,” the criminal defendant must prove all three aforementioned elements by a preponderance of the evidence to be acquitted. If the defendant actively takes part in a violent act, a rebuttable presumption is created that the defendant’s actions were voluntary.

Revised 8/27/23

State v. Reuben (2021) It is the defendant’s burden to prove an affirmative defense of duress. But a claim of duress does not relieve the State of Midlands of its burden to prove all charged offenses beyond a reasonable doubt. If a defendant claiming duress elects to testify, the prosecutor is allowed to question the defendant on the elements and otherwise relevant facts related to the charged offenses. If a defendant claiming duress elects not to testify, the prosecutor is allowed to question or argue the credibility of the evidence offered to prove the defendant’s duress claim. The believability of a claim of duress is always a relevant issue for the factfinder. State v. Burnett (2015) An “overt act” is a volitional act, but it need not be inherently illicit. An action that may be innocent itself can be used as evidence of the defendant’s participation in a criminal conspiracy if that volitional act by the defendant was in preparation or furtherance of a crime. For example, buying fertilizer from a local hardware store is a perfectly innocent act. Unless, of course, the person is buying the fertilizer to build a bomb instead of enriching the soil of their garden. Burden of Proof / Presumption of Innocence State v. White (1904) In a criminal case, the burden is proof beyond a reasonable doubt with respect to each and every element of the charged offense(s). The burden is on the State and never shifts to the defendant. State v. Joseph (1981) The State’s burden of proof applies to elements, not discrete facts. The question in every case is whether cumulative impact of the otherwise-admissible evidence is sufficient to convince the fact finder beyond a reasonable doubt that the element has been proven. State v. Ball (2015) A criminal defendant is never required to present evidence or offer an alternative theory of the crime. If a defendant does so, however, a prosecutor may note the defense’s failure to offer evidence in support of its theory of the case. Such comments do not imply that the burden of proof has shifted to the defense, nor do they necessarily constitute an infringement on a defendant’s exercise of the right to remain silent. State v. Arun (2016) Criminal defendants have a constitutionally protected right to refuse to speak with police officers and to decline to testify in their own defense. No prosecutor or witness may comment (expressly or implicitly) on a defendant’s exercise of either right or suggest that refusal to testify or termination of a police interrogation demonstrates consciousness of guilt.

Revised 8/27/23

State v. Homel (2010) It is axiomatic that identification of the defendant is an essential element of the charge in a criminal trial. Whether or not the statute explicitly requires identification as an element of the offense is a nonstarter. Common law tradition requires the identification of the defendant to assure that the government has not charged the wrong person. Identification is a necessary function to aid the government in its attempt to overcome the presumption of innocence that is afforded every criminal defendant. Trial Procedures State v. Feliciano (2007) In Midlands, all criminal trials are bifurcated with a guilt phase followed by a penalty phase. State v. Schoeberl (2009) During the guilt phase, evidence is not relevant if it is directed solely to the penalty to be given to the defendant if found guilty. It also is improper for an attorney to comment on sentencing or discuss potential penalties during the guilt phase of the trial. Such conduct is grounds for a mistrial and may constitute conduct for which sanctions are appropriate. State v. Ammerman (2002) Under Midlands practice, both sides may always present evidence to prove or rebut any element of a charged offense. Neither side may object to such evidence on the ground that the objecting party is no longer pursuing (or challenging) the pertinent issue. State v. Bilal (1945) Unlike some jurisdictions, MRE 615 allows for the sequestration of the lead investigating officer in a criminal case if that police officer is not elected to be the State’s representative during pretrial matters. Gill v. Hiles (2014) Civil case arising from alleged assault. The plaintiff was called as a witness and testified fully on direct examination. On cross examination, however, the plaintiff failed to respond to some questions, purportedly because of a condition arising from the assault. Held: The judgment for the plaintiff must be reversed. The reason why the witness failed to respond to questions on cross examination is immaterial. If a witness becomes unable or unwilling to respond to otherwise proper questions on cross examination, the trial court must strike the witness’s testimony in its entirety. Character Evidence State v. Gaston (1986) Under MRE 404, general evidence of a defendant’s good character is not admissible. However, under MRE 404(a)(1), a criminal defendant may offer certain evidence of a “pertinent” character trait. The requirement that evidence be “pertinent” significantly exceeds the comparably low bar of relevancy. “Pertinence” is a more exacting standard by which the trait itself must directly relate to a particular element or facet of the crime charged.

Revised 8/27/23

State v. Kumar (2013) Given the complex nature of the criminal prosecutions, the courts have been split on what constitutes a “pertinent trait” under MRE 404 and State v. Gaston in conspiracy cases. Accordingly, while this list is not exhaustive and every conspiracy case has different elements and motives, we find that character traits pertinent to conspiracy cases to include being law- abiding and a community caretaker. In cases where the underlying crime is a violent felony like homicide, assault, robbery, burglary, or kidnapping, the same pertinent character trait of “non- violence” that is relevant to the violent felony offense is also a relevant consideration in a conspiracy to commit a violent felony case. State v. Sun (2010) In accordance with this Court’s reasoning and holding in the civil action of Estate of Hamilton v. Walton last year, this Court hereby adopts the same reasoning and holding for criminal actions as well. Testimony about a psychological condition does not constitute “[e]vidence of a person’s character or character trait,” the only evidence excluded by MRE 404(a)(1). State v. Young (2016) Appellants challenge the decision of the district court to allow testimony by the State’s witness rebutting properly noticed “good character” evidence from the defense under MRE 404(a) during the State’s case-in-chief. Due to the lack of rebuttal witnesses in the State of Midlands, our rules differ from other jurisdictions, particularly with respect to the presentation of character evidence. We hold that the language of MRE 404(a) is clear, that if the defense “opens the door, by noting its intention before trial to offer “good character” evidence, the State may use its case in chief to offer “bad character” evidence of the defendant regarding the same traits enumerated by the defendant, pursuant to the procedures outlined in MRE 405. State v. Hamdan (2010) MRE 609 does not categorically exclude evidence of a witness’s prior criminal conviction punishable by less than one year of imprisonment, especially when the offense was a crime of moral turpitude like fraud, theft, or other crimes of dishonesty. Such evidence may still be admissible, subject to the MRE, on a case-by-case basis. Grounds and Basis for Evidentiary Rulings State v. Harper (1975) The beyond-a-reasonable-doubt burden does not apply to threshold matters involving the admissibility of evidence. In Midlands, the proponent of evidence need only prove these evidentiary matters by a preponderance of the evidence (i.e., it must establish that all elements are more likely than not true).

Revised 8/27/23

Zomerfeld v. Noto (2012) Under MRE 104(a), when evaluating the admissibility of evidence, a trial court is permitted to rely on both admissible and inadmissible evidence. The use of underlying inadmissible evidence does not make that inadmissible evidence admissible. Instead, the court is permitted to consider the underlying inadmissible evidence to assess the admissibility of the offered evidence. In a jury trial, the jury may not always be privy to the underlying facts used to determine what evidence is admissible, but the Court may hear it. Previously upheld examples included using character evidence to make ruling on hearsay exceptions, using hearsay to make a ruling on character evidence, and using hearsay to decide whether an expert has adequate foundation to testify. Foltz v. Young (1998) Under MRE 104(a), courts may consider custodial documents, such as clerks’ certifications or affidavits of records keepers, when determining the admissibility of other evidence without regard for the admissibility of the custodial document itself. The custodial document typically only addresses preliminary matters of admissibility and is not entered into evidence. Authentication Jacoby v. McKay (2002) As long as the proponent of the statement produces evidence that would permit a reasonable jury to find, by a preponderance of the evidence, that a given person made a particular statement, a court assessing admissibility must assume that the statement was made by that person. Ginger v. Heisman (2015) Absent particularized reason to believe that the communication may have been sent by someone else, the fact that an electronic communication (an email, text, or social media post) is listed as coming from a number or account that is either known or purports to belong to a particular person is sufficient foundation that the communication was sent by the person. Experts Davis v. Adams (1993) Trial judges must ensure that any scientific testimony or evidence admitted is not only relevant but reliable. In determining reliability, judges should consider only the methods employed and the data relied upon, not the conclusions themselves. The proponent of the evidence has the burden of proving each section of MRE 702 by a preponderance of the evidence. Tarot Readers Association of Midlands v. Merrell Dow (1994) In assessing reliability under MRE 702(c), judges should consider whether the theory or technique has been or can be tested, whether it has been subjected to peer review and publication, whether it has a known error rate, and whether it has gained widespread acceptance within the field. These factors, while relevant, are not necessarily dispositive. For example, lack of publication does not automatically foreclose admission; sometimes well-grounded but innovative theories will not have been published. There is no definitive checklist. Judges must make such assessments based on the totality of the circumstances.

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Richards v. Mississippi BBQ (1997) Midlands Rule of Evidence 703 does not permit experts to testify or present a chart in a manner that simply summarizes inadmissible hearsay without first relating that hearsay to some specialized knowledge on the expert’s part. The court must distinguish experts relying on otherwise inadmissible hearsay to form scientific conclusions from conduits who merely repeat what they are told. The testimony of the former is admissible; that of the latter is not. Of course, statements that would otherwise be admissible are not inadmissible simply because they are offered by or through an expert witness. State v. Richardson (2017) It was not an abuse of discretion for the trial court to allow the forensic pathologist to testify to the cause and manner of death even though the pathologist was not tendered as an expert prior to providing her testimony. Unlike other jurisdictions, Midlands does not require a party to “tender an expert” before eliciting an expert opinion. Whether MRE 702 foundational requirements have been satisfied is an evidentiary determination that rests within the sound discretion of the trial court. Ullrich v. Scarlet Lady Shipping (2023) It was never the intention of this Court for its holding in Tarot Readers Assoc. and its progeny to create a rigid and unyielding standard for expert opinions. It is very common for juries to hear testimony from experts that utilized a comparative analysis when creating their report and opinions. So long as the expert can sufficiently explain their expertise, training, and method for review, Tarot Readers Assoc. shall not be used by trial courts to prohibit otherwise credible and admissible opinions simply because there is not a known error rate or prior peer review of the comparative analysis. Such questions and potential challenges of credibility are better left to cross examination. Kane Software Co. v. Mars Investigations (1995) Midlands does not permit parties to use their experts as weapons in a trial by ambush or for unfair surprise. Expert reports that are exchanged prior to trial must contain a complete statement of all opinions the expert will testify to and the basis and reasons for them, the facts or data considered by the expert in forming their opinions, and the expert’s qualifications. Experts are strictly prohibited from testifying on direct or redirect examination about any opinions or conclusions not stated in their report, and such testimony must be excluded upon a timely objection from opposing counsel. For example, an expert may not testify on direct or redirect examination that they formed a conclusion based on evidence that came out during trial that the expert did not previously review. However, if an expert is asked during cross-examination about matters not contained in their report, the expert may freely answer the question as long as the answer is responsive. State v. Dawson (2012) The historical practice of all Midlands circuit court criminal divisions has been proven to be consistent with the holding of Kane Software Co. v. Mars Investigations (1995) for criminal trials. We interpret the Midlands Rules of Criminal Procedure to be consistent with Kane as well. Thus, there can be no doubt that our holding in Kane applies to criminal trials.

Revised 8/27/23

State v. Berzon and Jensen (2020) Appellant-Defendants appeal their conviction. Specifically, Appellants argue that the trial court improperly excluded testimony from the defense expert on the basis that certain testimony amounted to "trial by ambush" under the precedent set by Kane Software v. Mars Investigations (1995) and State v. Dawson (2012). Appellants admit that the defense expert was attempting to testify to certain underlying facts that were not expressly disclosed in the expert report and that such facts contributed to the expert's conclusion, but they argue that the conclusion itself was disclosed and thus it was unnecessary for every underlying detail to be disclosed. We believe that the Appellants' argument has merit. Experts should not be expected to include in their reports every basic scientific fact and known realities that support their conclusion. Such a requirement would lead to expert reports that are hundreds, if not thousands, of pages long. For example, an accident reconstructionist need not explain Newton’s laws of motion in her report. However, if an expert wishes to testify that they believe the indentations on a vehicle’s door mean that the vehicle collided with a streetlamp at 45 MPH, then measurements, equations, and other relevant facts that form the basis for that specific conclusion must be disclosed in the expert’s report. Reversed and remanded to the trial court for reconsideration consistent with this decision. State v. Sutcliffe (2021) Generally, law enforcement officers are not “experts” subject to Midlands Rule of Evidence 702 or this Court’s holding in Tarot Readers Association of Midlands v. Merrell Dow (1994) and its progeny. However, law enforcement officers do have specialized training, skills, and experience beyond the average citizen as contemplated by MRE 701, and may testify based on such specialized knowledge. Insofar as a law enforcement officer is asked to provide an opinion based on that officer’s general training, skills, and experience as a law enforcement officer (e.g. whether the officer followed standard protocol in collecting evidence), the admissibility thresholds of MRE 702 and Tarot Readers do not apply. Rather, the admissibility of a law enforcement officer’s non-expert opinion is subject to the standards of MRE 701 and any other applicable rule of evidence. Hearsay America’s Best Cookie v. International House of Waffles (2009) The Court recognizes that practices differ in other jurisdictions. But, in Midlands, the definition of “hearsay” includes out-of-court statements by a witness who is on the stand or by another person who has or will be testifying in a particular trial. State v. Kennan (1997) Midlands Rule of Evidence 801(d)(2) may be invoked in only one direction in a criminal case. Specifically, MRE 801(d)(2) permits the State to offer statements by a criminal defendant. Subject to MRE 106, MRE 801(d)(2) does not permit the defense to offer the defendant’s own statements, even if the State has already elicited other out-of-court statements by a defendant during a preceding examination. Moss v. Wiener (2015) For purposes of MRE 801(d)(2), police officers, prosecutors, informants, and others working with law enforcement officials are not an “opposing party” of a criminal defendant.

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State v. Vanderslice (2012) The business-records hearsay exception (MRE 803(6)) cannot be used to “back door” evidence that would not be admissible in a criminal case under the public-records hearsay exception of MRE 803(8)(ii). State v. Velazquez (2015) A public record of a criminal conviction is not a police report and, thus, is not excluded by MRE 803(8)(A)(ii). State v. Sosa (1985) MRE 801(d)(2) governs statements “offered against an opposing party.” This rule does not require the proponent of the evidence to offer the statement “against the party’s interests” in order to qualify as an exemption to hearsay under MRE 801(d)(2)—that language is notably only found in MRE 804(b)(3). If the drafters of the MRE had wanted 801(d)(2) to only apply if the statement was “against the party’s interest,” it would have drafted the rule as such.

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IN THE CIRCUIT COURT, CRIMINAL DIVISION CHARLOTTE COUNTY, MIDLANDS

STATE OF MIDLANDS, * Plaintiff, * * v. * * STIPULATIONS DE LA PORTA/CAMERON, * Defendant. * *

1. For the convenience of the parties, witnesses, court, and jury, all exhibits have been pre-labeled and pre-numbered. Those numbers will be used for all purposes at trial regardless of which party first offers the exhibit or the order in which the exhibits are offered.

2. Both parties fully complied with their discovery obligations. No pertinent information or evidence was withheld during discovery.

3. All parties and witnesses are of at least normal intelligence; none has or ever has had a mental condition that would impact a person’s perception, memory, or ability to respond to questions during a direct or cross examination.

4. All notice requirements of Midlands Rules of Evidence 902(11) and 902(12) have been satisfied for all exhibits.

5. The parties and witnesses waive all objections arising under the U.S. Constitution. 6. Chain of custody was properly documented for all exhibits, and all exhibits have been

properly preserved prior to trial. 7. Other than issues related to MRE 404, 405, 608, and 609, any and all notice

requirements and/or other discovery obligations pursuant to the MRE and Midlands Rules of Criminal Procedure have been satisfied by all parties.

8. Both parties agree that Exhibits 1 (charity gala invitation), Exhibit 2 (auction brochure), Exhibits 3 (diagram of Miller Tower’s 40th floor), Exhibit 4 (diagram of Miller Tower’s roof), and Exhibit 27 (medical report for Emory Sands) are preadmitted and may be published to the jury at any time after opening statements. The parties further agree that these exhibits may be referenced and shown to the jury during opening statements.

9. All blood found on Exhibit 23 (mask) was matched to Emory Sands. 10. Exhibit 7 (ring) belongs to Poe Cameron. 11. Poe Cameron and Memphis Raynes are biological siblings and have the same gender

identity but are not identical twins (either genetically or in physical appearance). 12. Both parties waive any hearsay objections to Exhibit 6 (receipt), as it is an exception

to the hearsay rule pursuant to R.803(6). Parties further waive any objections to identification or authenticity of Exhibit 6; it is what it purports to be.

Revised 8/27/23

13. Both parties agree that the Sohi Hospital Charity Gala and its host’s nonprofit organization satisfies the “museum, legitimate auction house, charity organization, nonprofit organization, or similarly situated organization in lawful possession of any object of cultural heritage” element of §18-668(B).

14. The Ivy Lane apartment complex is located in the Oakley neighborhood of Santa Ivo which is 1.75 miles west of Miller Tower.

15. Both parties agree that Detective Kit Bahmani’s personal review and written description of the October 31, 2022 Miller Tower security footage occurred prior to the malware attack on the Santa Ivo Police Department and Federal Bureau of Investigation’s servers on August 1, 2023 that resulted in the footage being destroyed. Parties further agree that Detective Bahmani’s written description of the security footage within Bahmani’s written report is an accurate depiction of what happened in the video.

16. Both parties agree that Berkley F. De la Porta was not in Santa Ivo, Midlands on October 31, 2022. Parties further agree that Federal Aviation Agency records confirm De la Porta departed from San Ivo International Airport on October 30, 2022 on a flight bound to Auckland Airport in New Zealand. De la Porta’s plane landed at Auckland Airport 16h 10m later. De la Porta’s plane returned to Santa Ivo International Airport on November 4, 2022.

17. Both parties agree that Berkley F. De la Porta owns Midlands Santa Ivo Group (“MSIG”). Parties further agree that Goodspeed Industries and Matchstick & Sons are subsidiary companies of MSIG.

18. Defendant has knowing, intelligently, and voluntarily waived any and all objections based on the Sixth Amendment’s Confrontation Clause.

19. Detective Kit Bahmani and Agent Shar Burke have read and are familiar with the most recent versions of the other person’s reports.

IN THE CIRCUIT COURT, CRIMINAL DIVISION CHARLOTTE COUNTY, MIDLANDS

STATE OF MIDLANDS, * CASE NO.: CR2023-08-0992 Plaintiff, * * v. * * SUPPLEMENTAL STIPULATION BERKLEY F. DE LA PORTA, * Defendant. * *

1. Prior to Berkley F. De la Porta’s trial, Poe Cameron entered a guilty plea to Aggravated Robbery, Kidnapping, and Conspiracy to Grand Larceny for Cameron’s role in the armed heist that occurred at the Miller Tower on October 31, 2022 in Santa Ivo City, Charlotte County, Midlands.

IN THE CIRCUIT COURT, CRIMINAL DIVISION CHARLOTTE COUNTY, MIDLANDS

STATE OF MIDLANDS, * Plaintiff, * * v. * * ORDER ON MOTIONS DE LA PORTA/CAMERON, * IN LIMINE Defendant. * * This matter is before the Court on several pre-trial motions filed by the State of Midlands and Defendant. The Court rules on the following issues and reserves ruling on all other evidentiary issues until proper objection at trial. The rulings set forth herein may not be revisited at trial.

Preemptory Character Evidence The court first addresses a pretrial motion by the State of Midlands to compel notice from Defendant of any character evidence of the accused or of the victim that Defendant intends to offer under Mid. R. Evid. 404(a). Defendant objected to the State’s request for notice. In other jurisdictions, if the Defense elected to introduce character evidence, the State would be afforded the opportunity to offer rebuttal witness testimony following Defense case-in-chief. However, for better or worse, Midlands’ focus on judicial economy has created a unique local rule that prohibits the State from calling rebuttal witnesses. Therefore, this Court GRANTS the State’s motion to compel and orders as follows:

1. Defendant must provide the State of Midlands with notice of any intent by defendant to offer evidence of the character of Defendant or victim pursuant to R. 404(a)(1). Defendant must indicate the specific traits, including pertinent traits, of character intended to be pursued.

2. Upon receipt of notice by Defendant that Defendant intends to offer evidence under R. 404(a)(2), the State of Midlands may elect to pursue “preemptory rebuttal evidence” of competing traits during its case-in- chief. If Defendant does not provide notice of its intent to offer R. 404(a)(2) evidence, neither party may introduce such evidence at trial.

3. The State of Midlands must, as always, offer similar notice to Defendant regarding its intent to offer any evidence of prior crimes, wrongs, or acts, pursuant to R. 404(b), and whether it will offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor under R. 404(A)(2)(c).

Tarot Readers Assoc. Ruling The court held an evidentiary hearing regarding pretrial motions related to the admissibility of expert testimony that were filed by both parties pursuant to Tarot Readers Association of Midlands v. Merrell Dow (1994). The Court finds that both listed experts in this case, M. Nguyen and Amarii Ebi, meet the general “expert” threshold of Tarot Readers Assoc. However, this Court will reserve ruling on the admissibility of the case-specific opinions of each expert pending the appropriate foundation being laid in trial pursuant to Mid. R. Evid. 702.

Moreover, consistent with the Midlands Supreme Court’s holding in State v. Sutcliffe (2021), this Court further finds that, as law enforcement officers, Detective Kit Bahmani and Agent Shar Burke have specialized knowledge, skills, and training beyond that of everyday citizens; however, Bahmani and Burke are not “experts” as contemplated by R. 702 that are allowed to provide “expert” scientific conclusions like Nguyen or Ebi. For example, Bahmani and Burke may testify to proper law enforcement protocols for collecting evidence or conducting interviews with witnesses and suspects, but Bahmani and Burke shall not offer opinions on the validity of Nguyen’s forensic tests. Being a law enforcement officer does not allow the State to use that witness as a conduit for admitting expert opinions that require Rule 702 foundation. However, if the opinion evidence is limited to general police procedures, the Court is inclined to admit the evidence and provide a limiting instruction to the jury.

Malware Attack and Lost Evidence The Defendant is asking this Court to dismiss the indictment because the State of

Midlands and Federal Bureau of Investigation (“FBI”) were the victims of a malicious, coordinated cyberattack that resulted in the Santa Ivo Police Department and FBI losing multiple pieces of evidence that were material to guilt or punishment. The Court denies

the Defendant’s request. An indictment that is valid on its face is a sufficiently valid pleading to proceed to trial.

In the alternative to a motion to dismiss, the Defendant also requested this Court prohibit the State of Midlands from offering any evidence based on the lost digital evidence. The Defendant’s motion is not well taken and is denied.

An evidentiary hearing was held on this matter. The Defendant was given an opportunity to present evidence of wrongdoing by the State of Midlands or FBI and failed to do so. Specific to the digital evidence lost in the cyberattacks on the Santa Ivo Police Department (“SIPD”) and FBI’s evidence storage servers, this Court finds that the Charlotte County Prosecutor’s Office, the SIPD and FBI (1) did not violate any rules of criminal procedure; (2) did not engage in any acts worthy of sanctions; (3) did not cause the malware cyber-attack that occurred on its servers; and (4) were the victims of a coordinated cyberattack to destroy evidence related to this case and this case only. Therefore, this Court will not prohibit testimony about the collection of the now lost evidence. Furthermore, Detective Bahmani and Agent Burke are permitted to testify to their recollection of what the evidence was without violating the “best evidence rule” (Midlands Rules of Evidence 1002).

Defendant may, however, object to testimony that goes beyond Detective Bahmani and Agent Burke’s personal recollections of what they saw, heard, or otherwise experienced in collecting or reviewing the evidence. The best evidence of Detective Bahmani and Agent Burke’s personal experiences is their own individual memories. However, a witness may not attempt to backdoor otherwise inadmissible evidence by using “I recall” or “I remember” or some similar phrase. For example, Detective Bahmani may not testify to impermissible hearsay simply because the Detective says, “I remember (witness name) saying….”

Similarly, Agent Burke may not testify to the contents of financial records as fact without those documents being present, but rather must clearly state only what Agent Burke recalls about those records. For example, Agent Burke is prohibited from stating, “the financial record showed a transaction occurred” on a date certain. However, Agent Burke may testify “I believe a transaction occurred” on a date certain. The distinction is an important one. The former statement would be testimony about statements

contained in a financial record that no longer exists. Such testimony would be prohibited under Article VIII and Article X of the Midlands Rules of Evidence. Whereas the latter statement is merely a statement of belief by Agent Burke that is subject to the scrutiny of cross examination.

Finally, Defendant is permitted to cross-examine Agent Burke and Detective Bahmani on the loss of evidence but is prohibited from arguing or even suggesting that the Charlotte County Prosecutor’s Office, Burke or Bahmani or their respective agencies were responsible for the cyber-attack and subsequent loss of evidence. This Court has already ruled on that issue and Defendant is prohibited from continuing to pursue that line of argument during witness testimony, opening statement, and closing argument. This ruling governs all evidence listed in Exhibit A which is attached to this Order.

So Ordered,

E. V. Lynne

Date: August 14, 2023 Hon. E. V. Lynne

IN THE CIRCUIT COURT, CRIMINAL DIVISION

CHARLOTTE COUNTY, MIDLANDS STATE OF MIDLANDS, * Plaintiff, * * v. * * EXHIBIT A DE LA PORTA/CAMERON, * Defendant. * * The following pieces of digital evidence were lost during the cyber-attack against the Santa Ivo Police Department and FBI evidence servers on August 1, 2023 and any discussion during trial of these items is controlled by this Court’s August 14, 2023 Order:

a. Screenshot of dark web auction site (taken by Agent Burke; 12/22/22) b. Recording of “Morisot Mastermind” call with Confidential Informant (recorded

by Agent Burke; 12/23/22) c. Screenshot of encrypted chatroom (taken by Agent Burke; 12/24/22) d. Financial records for Bern-Steel Ltd, Goodspeed Industries, Matchstick & Sons,

and B.F. De la Porta (collected by Agent Burke) e. All security footage from Miller Tower on 10/31/22 (collected by SIPD) f. Miller Tower M10T Vault security system access log for 10/31/22 (collected by

SIPD) g. Miller Tower 40th floor security system access log for 10/31/22 (collected by

SIPD) h. Miller Tower M10T Vault specification documents (collected by SIPD) i. Pictures of Emory Sands’s injuries (taken by SIPD; 10/31/22) j. Pictures of shredded paper scraps collected from Ivy Lane (collected by SIPD;

12/3/22) k. Witness interview and investigation notes (written by Detective Bahmani)

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IN THE CIRCUIT COURT, CRIMINAL DIVISION CHARLOTTE COUNTY, MIDLANDS

STATE OF MIDLANDS, * Plaintiff, * * v. * * JURY INSTRUCTIONS DE LA PORTA/CAMERON, * Defendant. * *

A defendant is charged with criminal offenses through an indictment. You must not let the existence of an indictment influence you in any way. An indictment is simply a legal document to provide notice to a defendant of the offense(s) alleged by the State of Midlands. You must find the defendant not guilty unless you find that the State of Midlands has proven beyond a reasonable doubt that the defendant is guilty of every element of every offense(s) argued here today.

INSTRUCTION NO. 1: OFFENSE(S) CHARGED You will find the defendant, guilty if, and only if, the government has proven

beyond a reasonable doubt all of the elements of the offense(s) as listed in the attached Superseding Indictment.

INSTRUCTION NO. 2: STATE OF MIND DEFINITIONS

Knowledge: A person acts knowingly if they are aware that their conduct will result in a certain outcome. In other words, a defendant acts knowingly if they are aware that it is practically certain that their conduct will cause a specific result.

Purposefully: A person acts purposefully when that person acts with the intent to cause a certain result.

Recklessly: A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person’s conduct is likely to cause a certain result or is likely to be of a certain nature.

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INSTRUCTION NO. 3: OTHER RELEVANT DEFINITIONS

A. Serious bodily harm to any person: Any injury, illness, or other physiological impairment, regardless of its gravity or duration, that carries a substantial risk of death.

B. Substantial risk: A strong possibility that a certain result may occur or that certain circumstances may exit. The opposite of a remote or insignificant possibility.

C. Occupied structure: A dwelling or place of residence where a person or persons are permanently or temporarily dwelling even if no one is actually present at the time of the offense. A structure will still be considered to be an occupied structure if at the time of the offense any person was present or was likely to be present in it.

D. Purpose to defraud: An offender acts with the “purpose to defraud” if the offender knowingly obtains some benefit for the offender or another person by deception, or they knowingly caused some detriment to another person or entity by deception.

INSTRUCTION NO. 4: CONSPIRACY (**if relevant**)

The government has charged defendant with the inchoate offense of conspiracy. An inchoate offense is a type of crime that is committed by taking a punishable step towards the commission of another crime. Therefore, the government must prove that the defendant (1) entered into an agreement with another person or persons to engage in conduct that constitutes a crime or an attempt or solicitation to commit a crime, and (2) a party to the corrupt agreement took an overt act in furtherance of that agreement. An overt act is a volitional act.

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INSTRUCTION NO. 5: AGGRAVATED ROBBERY (**if relevant**)

The government has charged defendant with the offense of aggravated robbery. Therefore, the government must prove that the defendant (1) took the property of another person(s) or attempted to take the property of another person(s) (2) against their will (3) with the intent to deprive the owner(s) of said property (4) by means of violence or an imminent threat of force against such other person(s) and (5) knowingly caused or attempted to cause serious bodily harm to another person(s) or caused bodily injury to another person(s) with a deadly weapon.

INSTRUCTION NO. 6: AGGRAVATED BURGLARY (**if relevant**)

The government has charged defendant with the offense of aggravated burglary. Therefore, the government must prove that the defendant (1) entered a building or occupied structure or separately secured or occupied portion thereof (2) with the purpose of committing a crime therein and (3) knowingly caused or attempted to cause serious bodily harm to another person(s) or caused bodily injury to another person(s) with a deadly weapon.

INSTRUCTION NO. 7: AGGRAVATED ASSAULT (**if relevant**)

The government has charged defendant with the offense of aggravated assault. Therefore, the government must prove that the defendant (1) caused or attempted to cause serious bodily harm to another person(s) purposefully, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life or (2) purposefully or knowingly caused or attempted to cause bodily injury to another person(s) with a deadly weapon.

INSTRUCTION NO. 8: KIDNAPPING (**if relevant**)

The government has charged defendant with the offense of kidnapping. Therefore, the government must prove that the defendant (1) attempted to take or took another person(s) from one place to another place against their will or (2) purposefully confined another person(s) to a controlled space.

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INSTRUCTION NO. 9: GRAND THEFT (**if relevant**)

The government has charged defendant with the offense of grand theft. Therefore, the government must prove that the defendant (1) stole or obtained possession by means of fraud (2) any object(s) of cultural heritage (3) from the care, custody, or control (4) of a museum, legitimate auction house, charity organization, nonprofit organization, or similarly situated organization (5) in lawful possession of such object(s) of cultural heritage.

INSTRUCTION NO. 10: RECEIVING STOLEN PROPERTY (**if relevant**)

The government has charged defendant with the offense of receiving stolen property. Therefore, the government must prove that the defendant (1) received, concealed, exhibited, or disposed (2) of an object(s) of cultural heritage (3) knowing that such object(s) (4) had been stolen or obtained by fraud (5) from the care, custody, or control (6) of a museum, legitimate auction house, charity organization, nonprofit organization, or similarly situated organization.

INSTRUCTION NO. 11: WIRE FRAUD (**if relevant**)

The government has charged defendant with the offense of wire fraud. Therefore, the government must prove that the defendant (1) knowingly created or participated (2) in a scheme to defraud another person (3) out of money or property (4) with the intent to defraud (5) wherein it was reasonably foreseeable (6) that the defendant would use wire communication and (7) the defendant did use wire communications (8) in furtherance of the offense.

INSTRUCTION NO. 12: PRESUMPTION OF INNOCENCE

The law presumes a defendant to be innocent of a crime, and the indictment shall not be considered as evidence or as having any weight against the defendant. You shall find the defendant not guilty unless you are satisfied from the evidence alone and beyond a reasonable doubt that the defendant is guilty. If upon the whole case you have a reasonable doubt as to guilt, you must find the defendant not guilty.

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INSTRUCTION NO. 13: RIGHT TO REMAIN SILENT

The defendant is not required to testify, and the fact that a defendant does not testify cannot be used as an inference of guilt.

INSTRUCTION NO. 14: DEFENDANT MAY ELECT TO TAKE ON BURDEN

The burden of proving the essential elements of the charge beyond a reasonable doubt rests with the prosecution alone. However, as charged, the defendant may, though is not required to, elect to take on a burden as well if a viable affirmative defense exists. If the defendant elected to present an affirmative defense of duress, then the defendant must prove that claim by the preponderance of the evidence, or simply put, by the greater weight of the evidence. It is a lesser burden that beyond a reasonable doubt, but the claim must still be more likely than not for the defendant to have met their burden. If the defendant does not elect to take on this burden, then you need not consider whether the defendant’s criminal offenses are legally justified as an act of duress, and you will proceed in assessing the defendant’s guilt consistent with the other instructions given to you by the court.

INSTRUCTION NO. 15: DEFENDANT ARGUED DURESS (**if relevant**)

First, the prosecution must prove, beyond a reasonable doubt, the elements of the charged offense for which the defendant claims duress. Second, the defendant must affirmatively concede the elements of the charged offense for which the defendant claims duress. The defendant may concede the elements of the charged offense through testimony of the defendant or through evidence presented by defense counsel on behalf of the defendant. A defendant is precluded from arguing the affirmative defense of duress if the defendant failed to affirmatively concede all the material elements of the charged offense for which the defendant claims duress. You are the sole judge of the believability or credibility of the defendant’s claim of duress.

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INSTRUCTION NO. 16: ARGUMENTS AND REMARKS OF COUNSEL

Remarks of the attorneys are not evidence. If the remarks suggest certain facts not in evidence, disregard those remarks. However, you are to consider carefully the closing arguments of the attorneys. Ultimately you must draw your own conclusions and decide your verdict according to the evidence, under the instructions given to you by the court.

INSTRUCTION NO. 17: CREDIBILITY OF WITNESSES

It is the duty of the jury to scrutinize and weigh the testimony of witnesses and to determine the effect of the evidence as a whole. You are the sole judges of the credibility, that is, the believability, of the witnesses and of the weight to be given to their testimony. In determining the credibility of each witness and the weight to give the testimony of each witness, consider these factors:

A. whether the witness has an interest or lack of interest in the result of this trial;

B. the witness’s conduct, appearance, and demeanor on the witness stand;

C. the clearness or lack of clearness of the witness’s recollections;

D. the opportunity the witness had for observing and for knowing the matters the witness testified about;

E. the reasonableness of the witness’s testimony;

F. the apparent intelligence of the witness;

G. bias or prejudice, if any has been shown;

H. possible motives for falsifying testimony; and

I. all other facts and circumstances during the trial which tend either to support or to discredit the testimony.

Then give to the testimony of each witness the weight you believe it should receive. There is no predetermined way for you to evaluate the testimony; instead, you should use your common sense and experience.

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INSTRUCTION NO. 18: INTERPRETING EVIDENCE

When making your decision, you may rely on both direct and circumstantial evidence. Direct evidence is testimony by a witness about what that witness personally did, saw, or heard. Circumstantial evidence is indirect evidence from which the fact finder may infer that another fact is true. Neither type of evidence should be given categorically more weight than the other.

The State’s burden of proving its case beyond a reasonable doubt applies to each and every element of the crime charged. This burden, however, does not operate on the many subordinate, evidentiary, or incidental facts as distinguished from proof of the elements of the crime or of an ultimate fact. Where, however, the State relies in whole or in part on circumstantial evidence to prove an element of a crime, although each link in the chain of evidence need not be proven beyond a reasonable doubt, the cumulative impact of that evidence must, in order to support that inference, convince the finder of fact beyond a reasonable doubt that the element has been proven.

INSTRUCTION NO. 19: UNANIMOUS VERDICT

The verdict of the Jury must be unanimous as to guilty or not guilty and be signed by one of you as Foreperson.

DATE: ___________________ _______________________

JUDGE

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AFFIDAVIT OF CYPRUS COSMOS

After being duly sworn upon oath, the Affiant hereby states as follows: I am over 18 and 1

competent to make this affidavit. I was subpoenaed to testify, of course. I have far better things 2

to be doing now. But I must admit, it is rather flattering to know that you need me to see that 3

justice is done. 4

As you know, my name is Cyprus Cosmos. I am one of Santa Ivo City’s proudest 5

humanitarians, activists, and philanthropists. In fact, I dare say that my generosity and reputation 6

extend all throughout Midlands. I feel blessed to be able to help all the disadvantaged residents 7

of the state. Additionally, I am also an actor (you’ll remember my line from my role in Santa Ivo 8

City Theater’s production of Midland Summer Night’s Dream), a poet (I have a poem scheduled 9

to be published in my friend J.T. Tung’s online journal in 2025), and I fancy myself an emerging 10

visual artist (though I have yet to get started on that). People think that having such wealth and 11

fame makes life easy, but it does not. I cannot express how exhausting spa lunches and gallery 12

openings and charity dinners can be. It is a wonder that I am even able to maintain my esteemed 13

Executive Board position at Santa Ivo City University and Board of Directors position for the 14

Sohi Children’s Hospital. 15

Naturally, I know Berkley F. De la Porta, although I cannot say that I am a big admirer. 16

There is something a bit sinister about De la Porta, and I don’t say that just because De la Porta 17

always seems to be outbidding me at our charity auctions. Maybe it’s because De la Porta insists 18

on going by “B.F.” when no one knows what the “F” stands for, and De la Porta has a reputation 19

for always getting what De la Porta wants. Our paths often cross, and we have friends in similar 20

circles. We serve together on the Sohi Children’s Hospital Board of Directors, and we are both 21

long-time Executive Members of the Harper Country Club. More recently, we were supposed to 22

go in together as 50/50 investors ($500,000 each) in the newly renovated Peony Estates Winery, 23

but De la Porta backed out at the last moment. I heard from a mutual friend that De la Porta was 24

having some financial trouble and was unable to liquidate some of De la Porta’s assets. 25

At one time, we were much closer. In 2016, a year after we met, De la Porta invited me 26

and my partner to a screening on De la Porta’s yacht, the Hepburn. De la Porta was showing an 27

advanced screening of Olson’s Eleven—a picture filmed and produced by Trifecta 28

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Entertainment, right here in Santa Ivo City. The film starred Alex Grace (a close friend of De la 29

Porta, of course) as Brianne Olson, a Robin Hood-like thief who assembled a crew of misfits to 30

rob the fictional Alexis Blueblood, the owner of the real (and famous) Black Bear Casino. All 31

night, De la Porta kept saying how De la Porta thought De la Porta was just like the film’s hero 32

Olson. But those of us on the yacht kept looking at each other, as if we all knew that De la Porta 33

was much more like Blueblood than Olson. Someone even made a little joke about it, and De la 34

Porta said something like “when I end up robbing a casino, you’ll see that I’m the real hero.” 35

After that night, De la Porta and I were always cordial to each other, but more in a professional 36

sense. I was never invited back on the yacht, but it was probably because De la Porta had to sell 37

the yacht a couple months later when, as I heard, De la Porta couldn’t keep up the financing. 38

As I said, De la Porta and I are both on the Board of Directors for the Sohi Children’s 39

Hospital. We meet each month and sometimes more often if something important arises. Because 40

De la Porta and I are both on the Planning Subcommittee for our Annual Gala Auction, we met 41

every other week from mid-July 2022 through October 2022. De la Porta was actually the co-42

chair of the seven-person Planning Subcommittee—something De la Porta said they wanted to 43

do for a long time. The committee selected Miller Tower as our location for 2022, put together a 44

special invitation list of a hundred and fifty of Midlands’s luminaries and affluent individuals, 45

and designed a general overview of the night’s artistic staging and dinner menu. We didn’t wade 46

too far into the details—that is for the less important people to do. 47

Our biggest task for the event was assembling the materials for auction. As is customary 48

for our gala, 90% of the sale price would go to the item’s owner, 5% would go toward the annual 49

gala fund, and 5% would go directly to the Sohi Children’s Hospital. This was an important year 50

for us because the Board was planning to construct a new hospital wing, beginning in 2026. Most 51

of the money for the wing is to come from donations for various naming rights, but we hoped to 52

supplement the endowment with funds from the yearly gala auctions. 53

The Planning Committee, including De la Porta and myself, worked tirelessly over the 54

summer of 2022 securing items for the auction. These items included statues, 18th- and 19th-55

century artwork, rare jewelry, several authenticated pre-Revolutionary documents, and one of 56

Alexander Hamilton’s drafts of Federalist No. 78 of The Federalist Papers. The total pre-auction 57

valuation of the various items was around $24 million, which meant $1.2 million toward the new 58

hospital wing. 59

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I tried to get De la Porta to sell the gem of De la Porta’s collection, Dans les Terres du 60

Milieu, by the great French impressionist Berthe Morisot (valued at over $8 million), but De la 61

Porta laughed in my face. However, De la Porta said that they would lend the auction the Dans 62

les Terres du Milieu painting for display purposes only if we were able to get Morisot’s two 63

companion paintings from Bancroft Estates, which has had them in its possession, to be 64

displayed at the auction as well. De la Porta told me that De la Porta had tried for years to 65

purchase the two companion Morisot paintings held by Bancroft Estates. “Those greedy 66

scumbags won’t let their dirty hands off those great works, and they won’t even take my calls 67

anymore. My calls.” So, I tried to get those works for our auction instead. I was not able to get 68

the Morisot paintings to auction them off, but, since this gala was for a great cause, Bancroft 69

Estates did agree to loan us the artworks for the evening, just so De la Porta’s Dans les Terres du 70

Milieu could be viewed among them. At our Planning Committee meeting during the first week 71

of August, I told De la Porta the good news. De la Porta was initially upset, sweeping the agenda 72

pages and a glass of water off the board room table. But then De la Porta quickly expressed 73

regret for their actions and said, “It’ll be good to have the pieces there anyway. I will figure 74

something else out.” I did not know what else De la Porta had in mind, but, De la Porta always 75

says when there is a dispute, “De la Porta eventually gets what De la Porta wants.” 76

Everything else leading up to the gala seemed to go according to plan. I oversaw the 77

decoration arrangements. De la Porta was in charge of where the auction items would be placed 78

for viewing. De la Porta also wanted to make sure that the items would be kept in extra-secure 79

spaces (the Miller Tower has a secure vault on its 40th floor and extra security guards would be 80

hired for the event). To this end, Director of Security at Miller Tower, Emory Sands, told me that 81

De la Porta spent quite a few afternoons at Miller Tower going over all the security arrangements 82

with their staff and guards. I accompanied De la Porta on one of these afternoons, a week before 83

the auction. The Miller Tower event staff was setting up for a different event that night, so the 84

floor was already buzzing, but we were still able to walk through the space with a security team, 85

double-checking what the set-up would be for our upcoming event. Each of the organizers for the 86

charity gala were given individual keycards so that we would have special access to some of the 87

more secure locations. During our walkthrough of the 40th floor, security told all the event 88

organizers that we could keep our phones if we didn’t take them out during the tour (they didn’t 89

want anyone taking pictures inside). Joking, De la Porta said, “don’t worry if you want to know 90

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all the vault blueprints and how the security system works just ask because I have it all 91

memorized,” and we all laughed. We then all left the vault area, except De la Porta, who hung 92

back beside the open vault door to take a phone call. I am pretty sure I heard De la Porta say, “I 93

can send a snapshot of the vault spec—” but I was walking away so I can’t be 100% sure. After 94

most of the group dispersed, De la Porta found me in the North Staging Area of the 40th floor. “I 95

have to show you something,” De la Porta told me, and took me down the hallway to the 96

staircase accessing the roof. De la Porta slid the Miller Tower security keycard through the 97

mechanism, the door unlocked, and we were headed up the staircase. It was one of the most 98

amazing views of Santa Ivo City I had ever had! 99

October 31—the day of the 2022 gala—soon arrived. The executive assistant to the Chair 100

of the Board of Directors for the Sohi Children’s Hospital called me around 11am to tell me that 101

De la Porta had called the hospital earlier that morning. The executive assistant said that De la 102

Porta said that their cousin was in a car accident the night before, and De la Porta wouldn’t be 103

able to attend our gala. This was unbelievable. De la Porta had never missed one of our annual 104

galas, and De la Porta was supposed to offer some of the opening remarks. Of course, I said I 105

would be honored to offer those remarks instead. 106

I arrived at the gala at 5:30pm. It is usually important for me to arrive late, so that I can 107

make a grand entrance, but this time I wanted to make sure everything was arranged. Some of 108

the flowers were in the wrong places and the greeting table in the Entryway was situated in the 109

wrong spot, so I took care to let the help know this needed to be fixed. It was good I got there 110

early. Soon after these things were moved around, the spaces looked impeccable—clearly due to 111

my tireless work on the Planning Committee. I am sure others helped, too, though. Around 6pm, 112

the security detail started to bring our auction items to the Cocktail Room. The plan was to have 113

a cocktail hour accompanying our silent auction. Our guests would mingle, masked in their 114

Halloween attire, as they walked around the Cocktail Room submitting bids on our magnificent 115

items. We wanted to keep the bidding time short, in order to keep the pressure up. (Our guests 116

were provided a beautiful brochure of most of our auction items, including all of our featured 117

items, two weeks earlier.) The auction items were all secured in the Cocktail Room by 6:20, and 118

ten minutes later the room was opened for the guests. I could see about a half dozen members of 119

the security team safeguarding the room, and there were others patrolling the 40th floor. Berthe 120

Morisot’s Dans les Terres du Milieu (De la Porta’s painting) was the clear treasure of the 121

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evening. Placed between its two Morisot companion pieces, its beauty and value shone. I can’t 122

even imagine how much they would have gone at auction (if their owners had wanted to sell). 123

The cocktail hour went well. Most guests remembered to dress up in costume. I didn’t 124

recognize many of these costumes, though. I imagine they were all Tikchat or TwitterTube stars. 125

I asked a couple about two of the masks I didn’t recognize, and they said they were dressed as 126

Kelly Doos and I can’t remember the other one. But I do remember that, later in the week, the 127

police asked me about some of the masks I had seen. Santa Ivo City’s own Mayor Leapheart was 128

in attendance, as were Drew Walton Jr. (whom I hear is considering a gubernatorial run), 129

councilmembers Kenough, Zeigler, and Racheter, and I swear I caught a glimpse of Blake 130

Lexington as well! There was even someone dressed as the mayor. If you weren’t close enough, 131

you wouldn’t be able to tell them apart. I could see our guests place auction bids via the secure 132

app designed by De la Porta’s company, MSIG. About fifteen minutes before the bidding was 133

supposed to end, one of the clumsy servers dropped a tray of hors d’oeuvres in the middle of the 134

room, startling everybody and halting the conversations and bidding momentarily. I kindly 135

informed the server (obviously, I didn’t know the server’s name) that they were perhaps better 136

off remaining in the kitchen the rest of the night. I often have a good sense of what is best suited 137

for those struggling common people. As was our tradition for the last couple years, at 7:29, we 138

gave our 1-minute warning and then a reminder with 30 seconds to go, and then everyone did a 139

countdown from twenty for the bidding to close. There was a loud ovation once we hit zero, and 140

afterward the servers begin to motion our guests into the Ballroom. 141

Despite the night’s energy, our guests were sluggish departing the Cocktail Room, but by 142

around 7:35pm they had all taken their seats at the couple dozen large round tables in the 143

Ballroom. The sun had gone down, and the sunset colors through the windowed wall were 144

simply extraordinary. The first courses of dinner were served around 7:45pm. During this time, 145

the security team was tasked with returning the auction items to the vault through the event 146

staging area. They would then secure and seal the vault. At 8:00pm, we began our award 147

ceremony in the Ballroom. Although I was not asked to deliver the opening remarks (another 148

Board member was asked), they still went well. We then recognized the hospital’s major donors, 149

our top doctors, and bestowed our “Caring Professional of the Year” award and the highly 150

cherished “Adolescent Medical Technician Award.” Then, a few minutes after 8:30pm, we 151

began to announce the auction winners. 152

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Just before 9pm, the announcements had concluded, and it was now time for celebration. 153

We had raised $1.25M for the Sohi Children’s Hospital. I was proud that this had been in no 154

small part thanks to my individual efforts. We were instructed to return to the Cocktail Room for 155

dancing and dessert. The staff had already set up the beautifully arranged dessert tables along the 156

back wall, and the bistro tables from earlier had been removed so that the center of the room 157

could be free for dancing. By now, most of the waitstaff had already left for the night. The music 158

was thunderous, and our guests had been appropriately satiated. I wanted to call De la Porta to 159

tell them how well the night went but, oddly, my cell phone was not working. I thought nothing 160

of it. A few minutes later, I tried again. This was at 9:21pm. I remember seeing that time 161

explicitly on the cell phone. I asked the two guests beside me if their phones were working; one 162

(implausibly) did not have a phone and the other’s phone was also not working. I excused myself 163

and headed to the Entryway beside the elevators. 164

As I walked toward the Entryway, I saw two people come out from behind the event 165

staging area door and into the Cocktail Room. They were not wearing a full costume that I 166

recognized from earlier that evening. One of them was wearing a black ski mask (how unoriginal 167

for a Halloween party!). The other person had a mask on top of their head, but it wasn’t covering 168

their face at all. At first, the maskless person was standing so that I could only see a side profile 169

of their face. It was a bit dark, but the maskless person had the same skin color, eye color, hair 170

color, and face shape as the pictures I saw of Poe Cameron on Blitz News Network. I was able to 171

clearly see the profile view of Cameron’s face for 10 seconds before Cameron and I made eye 172

contact and Cameron quickly pulled the mask down to cover Cameron’s face. Once Cameron 173

had the mask on, Cameron turned towards me, for maybe two or three seconds to see if I was 174

still watching them so I was able to clearly see the mask Cameron had pulled down over 175

Cameron’s face. I recognized the mask Cameron put on as one that I had seen earlier during the 176

cocktail hour. 177

I yelled out, “hey, what are you two doing? This is a private event! Show me your 178

invitations!” It was at that point that I noticed that the security guards were strangely absent from 179

the Entryway. Cameron and the other person in the ski mask looked at each other. They didn’t 180

speak but Cameron gestured Cameron’s head towards me twice and then Cameron raised their 181

shoulders like it was a question. The person in the ski mask nodded and started to reach for their 182

back pants pocket. Suddenly, a member of the waitstaff appeared through one of the Ballroom 183

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doors. When I turned to look, Cameron and the other masked individual pushed past me and ran 184

into the Entryway. When I turned back around, I didn’t see exactly where they went but I saw the 185

leg of Cameron (it matched the dark outfit they were wearing) disappear into the emergency exit 186

stairway. 187

I very politely but sternly asked the server (I later learned was named Parker something 188

or other) where the security guards had all gone. The server seemed stunned, so I grabbed the 189

server’s arms, shook them, and told the server to take me through the staging area to the Security 190

Office. We reached the Security Office at precisely 9:30pm. (There is a large clock on the wall 191

outside it.) No one was there. We knocked loudly on the door anyway, in case anyone was 192

picking up paper clips behind the desk or whatever those people do in the downtime when they 193

are supposed to be working. Nothing. Suddenly, the server pointed out that the door to the vault 194

was open. We ran over and looked inside and saw someone wearing a security guard uniform 195

unconscious on the vault floor. I couldn’t see the person’s face at first. But once we got closer to 196

the person, I recognized the person to be Security Director Emory Sands! Sands was bleeding all 197

over and their eye was swollen to the size of a Fabergé egg. All at once, I realized what was 198

happening. We were being robbed! The Sohi Children’s Hospital Gala Auction was being 199

robbed! On impulse, I reached for my phone. Again, there was no signal. I told the server to stay 200

with Sands (I did not want to get any blood on my clothing), and I headed back into the 201

Entryway. As soon as I came through the doors, I saw a mass of police officers in the room and 202

still others coming through the stairwell. I told them about Sands and collapsed onto the floor. It 203

was all just too much. 204

Even after the area had been secured, the police kept everyone there for hours, asking 205

questions and checking IDs. I was approached by Kit Bahmani and explained over and over the 206

plan for the gala and described all the auction items that were listed in our brochure including the 207

Morisot paintings that were on loan and just for display. Even though I hadn’t been in the vault 208

that night, I presumed all of the items, including the Morisot paintings, had been stolen. More 209

importantly, however, I kept telling Bahmani that they needed to release our guests. These were 210

the cream of the crop of Midlands, and they needed to go home after this terrible occurrence. 211

De la Porta called me the day after the gala, but I was still too shaken to talk. De la Porta 212

called me again the following day. This time, I answered. De la Porta wanted to know everything 213

that happened. After telling De la Porta about seeing Cameron (though I didn’t know Cameron’s 214

Revised 8/27/23

name at the time, I just described the individuals by the masks that I saw them wearing) and the 215

person in the ski mask when I was headed to the Entryway, I remembered about De la Porta’s 216

family emergency and felt incredibly rude to not ask about it. I asked De la Porta how their 217

cousin was doing. “What cousin?” De la Porta replied, adding “I don’t have any cousins.” Then 218

De la Porta began to ask me a lot of odd questions: “Did I see the faces of the individuals in the 219

Entryway?” (I told De la Porta that I saw the profile of the maskless person) “Did I recognize the 220

person that wasn’t masked?” (I told De la Porta that I didn’t recognize the maskless person. 221

Before I saw the news coverage with Poe Cameron’s picture, that was true.) “Did they leave 222

anything behind?” (I told De la Porta I didn’t know. I didn’t see anything left behind.) “Was 223

there a lot of blood?” (I told De la Porta Emory Sands was clearly injured and bleeding a lot.) 224

Then I told De la Porta that they might contact the police for better answers than I could give to 225

these questions. It was weird, De la Porta did not even ask about De la Porta’s prized Morisot 226

painting that was stolen along with the auction items. Luckily, the auction items were all insured, 227

so the owners will be getting their full value in compensation. Unfortunately, the Sohi Children’s 228

Hospital will not be getting any of its share. I am sure, though, that some of our very well-to-do 229

gala invitees will find it in their hearts to make a donation. For my part, I will be donating two 230

hundred dollars. 231

I cannot believe De la Porta was arrested for this heinous crime. Clearly, De la Porta did 232

not do it. De la Porta was not even there that night. And why would De la Porta arrange to have 233

their own masterpiece stolen?! That just does not make any sense. 234

I am familiar with following exhibits: 235

Exhibit 1 is one of our invitations for the October 31, 2022 Sohi Children’s Hospital 236

charity gala at Miller Tower. It has not been altered in any way from when we mailed them out 237

to our guests. 238

Exhibit 2 is the auction brochure for the Sohi Children’s Hospital charity gala that was 239

held at Miller Tower on October 31, 2022. The brochure has not been altered in any way from 240

when we mailed them out with the invitations (Exhibit 2). All of the items contained in this 241

brochure, including the three Morisot paintings that were for display only, were stored in the 242

vault on the 40th floor of the Miller Tower. All of the items in this brochure, including the 243

Morisot paintings were stolen on October 31, 2022. This brochure has not been altered in any 244

way from the version that was mailed out to our guests. 245

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Exhibit 3 is a diagram of the 40th floor of the Miller Tower. It accurately depicts the 40th 246

floor as it existed during our walkthroughs prior to and during the October 31, 2022 charity gala. 247

Exhibit 5 is a picture of a security keycard for Miller Tower. I was given a similar 248

looking security keycard as an organizer for the Sohi Children’s Hospital charity gala. This 249

exhibit is an accurate depiction of the security keycards at that all of the organizers were given 250

prior to the October 31, 2022 charity gala. 251

Exhibits 18 and 19 are copies of articles that I have read. They are fair and accurate 252

copies of the articles. I have no reason to believe the information contained in the articles is 253

inaccurate. 254

Exhibit 23 is the mask that I saw Poe Cameron wearing in the 40th floor Entryway of the 255

Miller Tower during the Sohi Children’s Hospital charity gala on October 31, 2022. 256

Exhibit 25 is a photograph of Poe Cameron. It accurately depicts what Poe Cameron 257

looked like on October 31, 2022 when I saw Cameron in the 40th floor Entryway of the Miller 258

Tower during the Sohi Children’s Hospital charity gala. 259

Exhibit 26 is a photograph of someone that looks like Poe Cameron but clearly is not Poe 260

Cameron. I did not see this person on or before October 31, 2022. 261

I swear or affirm the truthfulness of everything stated in this affidavit. Before giving this 262

statement, I was told I should include everything that I know may be relevant to my testimony, 263

and I followed those instructions. I know that I can and must update this affidavit if anything 264

new occurs to me until the moment before opening statements begin in this case. 265

266

____________________________________ 267 /s/CYPRUS COSMOS 268

269

270 Duly Subscribed and Sworn By Me: 271

____________________________________ 272

/s/MADHAVI SUBRAMANIAM 273

Notary Public 274

275

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AFFIDAVIT OF PARKER ORLOV

After being duly sworn upon oath, the Affiant hereby states as follows: I am over 18 and 1

competent to make this affidavit. I was subpoenaed to testify. 2

My name is Parker Orlov, and I live at 1985 Drake Boulevard in Santa Ivo City, 3

Midlands. I currently work for Blaire Osborne Catering, a subsidiary of ESTR-OVO Co. I’ve 4

worked various jobs in the foodservice and hospitality industry in the past. For a time, I even 5

worked at Chuggie’s Bar & Grill in Midlands Center. I had hoped to get a job there again after it 6

was rebuilt following the fire in 2020, but it is just too popular a place now. There are franchises 7

of Chuggie’s all over Midlands now. It’s like a cockroach that you just can’t kill. But in a good 8

way, you know? Everyone wants to work there, even in this strong labor market. Instead, I was 9

able to get a job with Osborne Catering as a server at special events. 10

I was working for Osborne Catering at Miller Tower on October 31, 2022—the day of the 11

art heist. We were hired directly by the Sohi Children’s Hospital to cater its annual gala event. 12

We catered this event the year before at the Harper Country Club, and, although I wasn’t there, 13

from what I heard it was a success. About a month before the event, the Osborne staff met with 14

the co-planners of the gala. This was on Sunday, September 25. I remember the date because we 15

were catering the Jahangir Jazz Jubilee later that evening. That day, we met at 10am on the 40th 16

floor of the Miller Tower (where the event would be held). The run-through was led by a 17

manager of the Miller Tower and Faulkner Heytens, one of the co-organizers of the gala. The 18

other co-organizer, Berkley F. De la Porta, and the head of security for Miller Tower were also in 19

attendance, but they arrived well after 11am. Although I never met De la Porta, I knew about De 20

la Porta from the feature interviews De la Porta gave in “So It Was Written” ezine (Exhibit 18) 21

and the “Santa Ivo Tech Talk” newsletter (Exhibit 19) I also learned from the Blitz News 22

Network that De la Porta has a bit of a reputation for being a fine art collector. 23

Anyway, on the day of the run-through, the Osborne staff was given a tour of the 40th 24

floor of the Miller Tower, and we went over the scheduling plan for the gala night. The catering 25

menu had already been set, but we still needed to get a sense of where and when everything 26

needed to be laid out. We were shown the Entryway, the Ballroom, and the Cocktail Room 27

spaces and told how the gala guests would be moving through these rooms throughout the night. 28

We were given a detailed tour of the newly renovated kitchen. The head of Miller Security saw 29

some cans of paint thinner in the corner there and told one of the employees of Miller Tower to 30

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remove them ASAP. We were also shown the Event Staging Areas, which were located behind 31

these main rooms. We were going to be given access to the entire 40th floor of the tower, except 32

we were told to stay away from the Vault area. I noticed that when we were escorted through the 33

hallway in front of the Vault, De la Porta held back and started speaking with someone in the 34

Security Office. I heard De la Porta say, “I’d like to get another look inside one day soon when 35

fewer people are around. Is there any way I could get my own key?” We were brought back into 36

the Cocktail Room and that was when the head of security spoke about the expensive artwork 37

that would be in there, reminded us to be careful walking around the room while the artwork was 38

there, and told us to contact one of the guards if we saw anything out of the ordinary the night of 39

the gala. We were also shown a brochure for the items that were going to be auctioned off. The 40

rest of the event planning was uneventful. After a few questions from the staff, we were thanked 41

and escorted back to the building lobby. 42

A week later—eight days later, to be exact—I was at the Department of Motor Vehicles 43

in downtown Santa Ivo City, near Miller Tower. I won’t bore you with the details of my time 44

there—it must have been around three hours (but I am so bad with time)—but suffice it to say I 45

was starving for lunch by the time I got out. There’s a little diner with great beignets nearby, on 46

the ground floor of a neighboring building, so I ducked in there for a later lunch. Because of the 47

late-afternoon hour, it was mostly empty (even in downtown Santa Ivo City), so I sat down at 48

one of the booths by the window. As I was putting my order in (soda water, turkey club, side 49

salad), a group of four came through the door behind me, walked past my booth, and began to sit 50

down in the booth two over from me (not the one right beside me, but the one next to that). I 51

immediately recognized De la Porta. I started to wave a hello, but it was clear De la Porta didn’t 52

remember me from the week before. That’s understandable. I imagine in the business De la Porta 53

is in, De la Porta sees lots of new faces each day. I looked down for a second and then back up, 54

and I thought I saw Poe Cameron—someone I sort of know (just to nod “hello” at) from living in 55

the Walton Park neighborhood for a couple of years—but I can’t be 100% certain it was 56

Cameron. I’m pretty sure it was Cameron because I remember Cameron was always helping the 57

older folks in the neighborhood carry their groceries and walked their dogs for free. So even 58

though I wasn’t friends with Cameron, I had seen Cameron around Walton Park numerous times. 59

I didn’t recognize the other two people that were with Cameron and De la Porta. 60

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I can’t imagine De la Porta and Cameron would run in the same circles, but maybe 61

they’re old friends. Maybe Cameron works for De la Porta—you know, at De la Porta’s 62

company MSIG? Who knows? After five or so minutes, I gathered my courage and was going to 63

walk over to say hello, but then one of the people I didn’t recognize sitting with Cameron and De 64

la Porta started screaming about numbers, something about the “deal being for 60%.” Cameron 65

looked really uncomfortable and started to get up. But the person that was just screaming about 66

numbers grabbed Cameron’s arm and yanked Cameron back into the seat. I could hear the next 67

words very clearly and they chilled me to the bone! The same person that grabbed Cameron and 68

yanked Cameron back down into the chair said, “If you ever try to leave again before we are 69

done with all this, I will make sure that your parents never see your next birthday. Got it?” 70

Cameron’s eyes got really big, and Cameron nodded without saying a word. 71

After that it was all hushed talk again and I couldn’t hear them. As you can imagine, I 72

wasn’t about to go over there after that outburst. I motioned to the server, quietly asked to get my 73

order to go instead, and I was out of there as soon as the order came. I forgot to get some 74

beignets to go, but there was no way I was going back in there. 75

Things were busy over the next month: some weddings, a pretty lavish quinceañera, a 76

weekly tasting at Peony Estates (it was a far drive from Santa Ivo but worth the tips!), an 77

unrelated function at Miller Tower (not on the 40th floor), and two fundraising dinners for Mayor 78

Leapheart— De la Porta was at both of these mayoral events. October 31 arrived, and I headed to 79

Miller Tower, getting there just before 4pm. We were going to be a group of twenty that evening, 80

including one event manager and someone to oversee the kitchen. About half of us would be 81

working in the kitchen, and the other half would be serving the guests—first at cocktail hour and 82

then at the sit-down dinner in the Ballroom. 83

Initially, I was going to be one of the servers. Before the guests and hosts arrived, though, 84

we all needed to get the space in order. Things were a little hectic but we were moving quicky. 85

Then, for no reason whatsoever Cyprus Cosmos, one of the members of the gala committee, 86

arrived an hour early and started yelling at everyone that the flowers were all wrong and this was 87

wrong and that was wrong. I snuck into another room and left our event manager to deal with 88

that mess. By 6pm, though, Cosmos had calmed down and the 40th floor of the Miller Tower was 89

ready for the hospital gala. Around this time, a large contingent of armed security guards started 90

walking the auction items into the Cocktail Room through the North Event Staging Area. They 91

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finished moving everything in at about 6:20 and most of them remained in the room to watch 92

over things. Some of the guests had already begun congregating in the Entryway by this time, but 93

two guards at the door kept them from entering the Cocktail Room until it was time. I guess no 94

one wanted to be late to the auction, because within ten minutes the Entryway was packed with 95

all 150 guests waiting to get in. (It didn’t help things that Cosmos had a greeting table moved to 96

an inconvenient place in front of the elevators.) 97

At 6:30, the doors to the Cocktail Room were opened and the guests moseyed in. I was 98

already in the Cocktail Room, carrying a tray of shrimp, with some of the other servers, who 99

carried trays of champagne and various other hors d’oeuvres. I had wanted to see some of the 100

incredible auction pieces that were there, but there just wasn’t time. What time there was sped 101

by. As soon as I came back into the Cocktail Room with a new tray, it was already empty. Guests 102

were dressed up in such unusual costumes. Even though there were over a hundred people there, 103

I distinctly remember many of the costumes that were worn that evening. The gala hall was split 104

about 50% of guests wearing masks as their costume. Some of them were pretty creative. I 105

distinctly remember a Nixon mask, a Kelly Doos mask, and the mask that the police showed me 106

days later (Exhibit 23). I did get to see and chat lightly with some of Midland’s most famous 107

people. The movie star Alex Grace was there, the upcoming politico Drew Walton Jr. was there, 108

even Mayor Leapheart was in attendance. And what’s more—the mayor even remembered me 109

from her two fundraisers. She was so kind. What was weird, though, was that De la Porta wasn’t 110

anywhere to be seen, and I got the sense that De la Porta wouldn’t miss an opportunity to be seen 111

at an event like this. What’s more, it was De la Porta’s own gala. 112

At a quarter after 7—give or take a minute or two—I was walking through the middle of 113

the Cocktail Room with a fresh tray of smoked trout croquettes, when someone dressed up like 114

the mayor bumped into me from behind, and I dropped my tray. (I thought it was the actual 115

mayor at first; it’s really hard to tell two people who look alike apart.) I’ll admit, I might have 116

been a little distracted by the art and people all dressed up in the room, but it wasn’t entirely my 117

fault. Everyone turned around and stared at me, except the guards who kept their eyes mostly on 118

the auction items. But then things went back to how they were. Except, out of nowhere, Cosmos 119

pushes through the guests in the room and starts yelling at me: “how could you ruin this?!” And 120

then Cosmos told me that they better not see me again that night. Tears started welling up, and I 121

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hurried back into the kitchen. I told our event manager what happened, and I was able to shift to 122

the kitchen for the rest of the night. 123

I was in the kitchen when the cocktail hour ended (even across the building, we could 124

hear the guests counting down the time). I spent the next hour (this would have been from 7:30 125

to 8:15 or so) helping to plate about 150 hundred dinners—this, times three, because there were 126

three courses for each guest. We were told not to go back in the Cocktail Room until after 127

8:15pm. The security team didn’t want anyone in there when they were moving the artworks 128

back to the Vault. The staff wasn’t even allowed in the North Staging Area while the security 129

guards moved the auction items and display artwork. Staff members could only be in the South 130

Staging Area until 8:15pm. The guests were going to be allowed back in the Cocktail Room at 131

8:45. At 8:30, most of the servers and kitchen staff left for the night. A few remained in the 132

Ballroom in case anyone needed anything. I helped bring the desserts to the Cocktail Room. 133

Instead of having tray service again, we left the desserts out on tables in the room. We also 134

wheeled in a couple large bar-carts for after-dinner drinks. Two of my co-workers remained here 135

to bartend. The desserts and bar-carts were placed near the walls so that the partygoers could 136

have space for dancing. The awards presentation and auction winner announcements must have 137

run long, because it wasn’t until close to 9pm that guests started coming back to into the Cocktail 138

Room. 139

I asked my boss if it was ok if I took off (as I was originally supposed to). The music in 140

the Cocktail Room was getting very loud, so it was hard to hear, but I did hear it when my boss 141

loudly repeated “no.” Because I switched to the kitchen, I was going to have to stay much later 142

than I was originally planning on. (I now had to help clean up the Ballroom and would need to 143

hang around in case anything came up with the guests.) When most of the guests had moved to 144

the Cocktail Room, I started bringing the dinner plates back into the kitchen from the Ballroom. I 145

stopped momentarily in order to call my babysitter because I was going to be getting home much 146

later than I wanted. But the number wasn’t dialing. I tried calling my parents to see if one of 147

them could head over to my apartment to watch the kids, but my phone wasn’t dialing them 148

either. Something was clearly wrong with my phone. I turned it off and on—still nothing. It was 149

already 9:15. This wasn’t good. I walked through the kitchen toward the North Staging Area in 150

order to try a different place in the building to make the call (and to get further away from the 151

loud music). There were a couple people loading things into the freight elevator. One was 152

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wearing a black ski mask and the other mostly had their back to me with a Halloween mask on 153

the top of their head. For a moment, I’d say two or three seconds, the maskless person turned to 154

the side and I could get a profile view. I know it was quick, but, at the time, I thought the person 155

with the mask on their head was Poe Cameron or a Cameron look-alike. The mask the person 156

that looked like Poe Cameron was wearing looked like the same one the police showed me later. 157

(Exhibit 23). Whoever these two individuals were, they weren’t part of our catering crew, and 158

they definitely weren’t hauling dinner trays. I figured they were part of the security team or some 159

other Miller Tower employees, but I wasn’t sure why they were there at this time or wearing 160

masks. One of them gave me a scary look and said, “we’re almost done here. Go back inside.” 161

So I did. 162

I figured I could just sneak out and head home. With everyone in costume, most of the 163

catering staff gone, and the party nearly over, I figured my boss wouldn’t realize if I’d left. I 164

went back through the kitchen door, into the Ballroom, and was heading toward the elevators in 165

the Entryway. When I opened the doors from the Ballroom, I saw Cyprus Cosmos talking to two 166

costumed individuals. Cosmos ran toward me, screaming about the security guards. “Where are 167

they?!? What are we paying you all for?!?” Cosmos yelled. Cosmos then grabbed my arms and 168

started shaking me. I was stunned but still able to tell Cosmos that there was a security office at 169

the end of the building, and I offered to go there. While this was happening, the two people who 170

were in the Entryway, ski mask person and the Cameron look-alike, went into the stairwell. But 171

this time Cameron had the mask I had seen on top of Cameron’s head down over Cameron’s 172

face. I don’t remember anyone else wearing that particular mask so I knew it was Cameron or the 173

look-alike I saw earlier. One of them dropped a piece of paper, which I picked up as we walked 174

toward the door. I didn’t see them again that night. 175

As we were walking toward the security office, Cosmos apologized and said it was just 176

an exhausting event. I couldn’t tell if Cosmos remembered that I was the one who dropped the 177

tray earlier, but, if I had to guess, I would say Cosmos didn’t. I sort of got the sense that night 178

that we were all interchangeable to Cosmos. We got to the security office a minute later. The 179

large clock outside the office said it was 9:30. No one was there. Cosmos kept banging on the 180

door and yelling through the window. While this was happening, I noticed that the Vault door 181

was open. I walked over and peeked inside with Cosmos following me (and berating me for I 182

don’t even know what for at the time). When I looked inside the Vault, I saw one of the security 183

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guards there bleeding profusely. I pushed open the vault door even more and then I bent down to 184

help the guard and called Cosmos over. I took off my apron and tried to stop some of the 185

bleeding with it. I asked Cosmos to help, but Cosmos kept saying, “I’m not going to get any of 186

that blood on me.” Cosmos just kept saying, “It was those people in the lobby. They did this.” I 187

then said, “Stay here, just for a minute while I go get some help.” “No—you stay here,” Cosmos 188

snapped at me, saying “I’ll get help.” Cosmos then turned the corner and headed back toward the 189

Entryway. The next thing I remember, a swarm of police officers were coming toward us, guns 190

drawn. “This person’s hurt,” I yelled. They had me move away from the guard on the floor. I 191

later learned that the guard’s name was Emory Sands. The police kept everyone there for another 192

couple hours. I was able to call my babysitter—so that was ok. I remembered the piece of paper I 193

saw one of the masked individuals drop. The paper was worn and appeared to have been a torn 194

off piece of a larger scrap of paper. The part I found read “IL 322.” After that quick look at the 195

piece of paper, I gave it to one of the police officers. I haven’t seen it since. I ended up being 196

questioned by two different officers that night and then again later in the week. I told them 197

everything I remembered about that night, and I am putting it all down here. 198

I heard that Emory Sands is doing better now, but the newspaper said that Sands’s 199

injuries were life-threatening, and that Sands had been in the ICU for weeks. I saw on the Blitz 200

News Network that Poe Cameron was arrested and that they were still looking for Memphis 201

Raynes. As I said, I knew them both (but not that well) from the Walton Park neighborhood. 202

Still, it’s hard to believe that Memphis or Poe would do this. 203

Even more, I can’t believe Berkley F. De la Porta had anything to do with this. De la 204

Porta, as far as I could tell, wasn’t even there that night. The news coverage kept showing an 205

interview with De la Porta’s pilot saying that De la Porta flew to New Zealand the night before 206

the heist and was nowhere near Midlands on Halloween night. Regan Thomas, that Blitz News 207

Network reporter that is always digging up dirt on everyone, found proof that De la Porta was 208

indeed on a flight to New Zealand on October 30, 2022 and not back in Santa Ivo or even the 209

state of Midlands until almost a week after Halloween. Besides, why would De la Porta need to 210

steal anything? De la Porta is beyond rich. If De la Porta wants a fancy painting, De la Porta can 211

just buy it. Everyone I talk to in Santa Ivo says the same thing, De la Porta is too rich to be 212

involved with the Halloween Helicopter Heist. My suspicions were confirmed that De la Porta 213

was innocent when I worked a MSIG sponsored event in November. 214

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I was hired to work a Leapheart-for-Mayor event at the Harper Country Club on 215

November 18, 2022. MSIG and De la Porta were big donors for Leapheart’s reelection 216

campaign. De la Porta even gave a speech about how much De la Porta loved Mayor Leapheart’s 217

response to the Miller Tower heist. I was shocked when I heard De la Porta say, “I am so 218

impressed with how Mayor Leapheart handled the Miller Tower heist investigation. I know I feel 219

safer with Mayor Leapheart leading this town!” I had never heard De la Porta praise anyone but 220

De la Porta before. Later that night, I heard De la Porta talking to Mayor Leapheart during the 221

cocktail hour. De la Porta said, “I am beside myself. I can’t believe my beloved Morisot is gone. 222

I want whomever is responsible for this heinous crime to be severely punished!” Then De la 223

Porta shouted, “I wish to donate $500,000 as a reward for anyone that can offer information 224

about who committed this heist!” Everyone cheered and praised De la Porta’s commitment to 225

truth and justice. I think the police just must have screwed something up if they think De la Porta 226

is behind the Halloween heist at Miller Tower. 227

I am familiar with following exhibits: 228

Exhibit 1 is one of the invitations for the October 31, 2022 Sohi Children’s Hospital 229

charity gala at Miller Tower. I saw a whole stack of them sitting on the counter of the 40th floor 230

kitchen in Miller Tower in the week leading up to the charity gala. It has not been altered in any 231

way from when I saw them in the kitchen. 232

Exhibit 2 is the auction brochure for the Sohi Children’s Hospital charity gala that was 233

held at Miller Tower on October 31, 2022. The brochure has not been altered in any way from 234

when I saw a copy. There was a stack of these brochures right next to the stack of invitations on 235

the 40th floor kitchen counter of the Miller Tower. It has not been altered in any way since when 236

I last saw them in the kitchen. 237

Exhibit 3 is a diagram of the 40th floor of the Miller Tower. It accurately depicts the 40th 238

floor as it existed on October 31, 2022 during the charity gala. 239

Exhibit 5 is a picture of a security keycard for Miller Tower. I see all the charity gaga 240

bigwigs and security guards using them to access the secure hallways and stairwells on the 40th 241

floor of the Miller Tower. 242

Exhibits 18 and 19 are copies of articles that I have read. They are fair and accurate 243

copies of the articles. I have no reason to believe the information contained in the articles is 244

inaccurate. 245

Revised 8/27/23

Exhibit 23 is the mask that I saw Poe Cameron wearing in the 40th floor Entryway of the 246

Miller Tower during the Sohi Children’s Hospital charity gala on October 31, 2022. 247

Exhibit 25 is a photograph of Poe Cameron. It accurately depicts what Poe Cameron 248

looked like on October 31, 2022 when I saw Cameron in the 40th floor Entryway of the Miller 249

Tower during the Sohi Children’s Hospital charity gala. 250

Exhibit 26 is a photograph of Memphis Raynes. It accurately depicts what Memphis 251

Raynes looked like when I saw Memphis in Walton Park and is a similar picture to the one used 252

for Memphis Raynes by Blitz News Network. 253

I swear or affirm the truthfulness of everything stated in this affidavit. Before giving this 254

statement, I was told I should include everything that I know may be relevant to my testimony, 255

and I followed those instructions. I know that I can and must update this affidavit if anything 256

new occurs to me until the moment before opening statements begin in this case. 257

258

____________________________________ 259 /s/PARKER ORLOV 260

261

Duly Subscribed and Sworn By Me: 262

____________________________________ 263

/s/ GORDY GWILT 264

Notary Public 265

266

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AFFIDAVIT OF JUN CAGE

After being duly sworn upon oath, the Affiant hereby states as follows: I am over 18 and 1

competent to make this affidavit. I was subpoenaed to testify. 2

Never in a million years did I think I would be writing something like this! I have been a 3

lifelong Santa Ivo City resident. I grew up and still live in Walton Park, one of Santa Ivo City’s 4

32 boroughs. Walton Park is full of quaint and historic neighborhood districts like the rest of the 5

other 12 original inner boroughs. Within Walton Park, I currently live in the Pleasant Ridge 6

neighborhood. Poe Cameron and Memphis Raynes grew up not even a block away from my 7

house. Their parents must just be devastated. I mean everyone in Pleasant Ridge knew about 8

Raynes’s troubles, but Cameron was always the type of kid to make sure any litter on the ground 9

was thrown away and Cameron always held the door open for you at the local bodega. Whatever 10

forced Cameron into all this craziness must have been serious business. 11

Sure, Walton Park has its occasional petty crimes. What neighborhood doesn’t have 12

ornery teens shoplifting or vandalizing a local park bench or two? But never in my life did I 13

think violent crime like what happened at the Miller Tower would ever happen here in Santa Ivo 14

City! Those heinous biennial crimes I would always hear about on Blitz News Network were 15

things that happened in those lawless Midlands counties like Polk and Breckinridge. But not here 16

in Charlotte County! Never before! And to think that this once-in-a-lifetime occurrence involves 17

two people from my neighborhood who used to stop by my street cart every day to grab a meal. 18

I’m still in disbelief! 19

I didn’t always run a street cart empire. I started off in the kitchens of Santa Ivo City’s 20

finest restaurants after graduating at the top of my class from the Culinary Institute of Midlands. 21

But after being the head chef at Gastronomicom for five years and then at the Midlands Tea 22

Room for over ten years, I wanted to return to my roots. So, I invested in myself and started 23

selling meals from my Kwik Bites cart. Kwik Bites isn’t some kind of lobster roll or $19 truffle 24

fries “food truck” joint. It’s legit street food: pitas, kebabs, falafel, and rice dishes. Kwik Bites 25

now has over 25 different carts spread across downtown Santa Ivo City and the inner boroughs. 26

As a savvy business owner, of course I had my Kwik Bite carts out working on October 27

31, 2022. Kids might have their hearts set on a bag full of candy bars, but parents are hard 28

pressed to ignore a chance to grab a delicious bite that is meant to be eaten on the go. The trick-29

or-treating was from 5:30-7:30pm. It ended right as the sun was setting. I took the cart shift in 30

Revised 8/27/23

Walton Park that day. I love watching all the local families out and about in their costumes. I 31

always give a tasty prize to the best dressed dog! 32

I stayed out even after the trick-or-treating died down because I was going to work a 33

special shift at our cart downtown across from Miller Tower. Halloween isn’t just for ghouls and 34

goblins; everyone in Santa Ivo City knows that Halloween is the night of the annual gala. I know 35

what you’re thinking, “Jun, why would you work a cart across from a gala full of billionaires and 36

sycophants?” Because, when they leave all tipsy and full of charity vibes, they love to stop by 37

the Kwik Bites cart for the best food in the City! Last summer, one of the drunk guests even 38

mistakenly gave me $100 instead of a ten. But I didn’t say anything about it, of course. I didn’t 39

want to suggest the guest didn’t know what they were doing. 40

Anyways, I got to the Miller Tower cart around 8:30pm. I still have a lot of contacts in 41

the upper crust restaurant business, so I knew that the auction would end around 8:45pm. 42

Typically, the auction was followed by cocktails and dancing. That isn’t everyone’s cup of tea, 43

so I wanted to have my cart ready before 9pm to catch any early exiters. 44

The Miller Tower is one of Santa Ivo City’s most impressive skyscrapers. I know the 45

architect built other towers across Midlands, but, of course, our city’s version is the finest of the 46

bunch. The Miller Tower area is a great spot for a cart because the Tower is home to billion-47

dollar businesses and regularly hosts charity events and conferences. The foot-traffic is amazing! 48

My Miller Tower Kwik Bites cart is my biggest money maker. But our permit doesn’t allow the 49

Miller Tower cart to be open past 9pm. On nights when Miller Tower has big social events, I 50

usually prep extra kebabs to give the local police officers for free so that I don’t get fined. Even 51

if I gave every downtown police officer on the third shift free kebabs, I would still be ahead 52

hundreds upon hundreds of dollars, sometimes even thousands of dollars, because the Miller 53

Tower events are extremely profitable for Kwik Bites. 54

On October 31, 2022, my first customers at the Miller Tower cart started trickling in 55

around 9:05pm. I heard a helicopter land on top of Miller Tower shortly after my first customers 56

came to my cart. I didn’t look at my watch because I was busy with customers. But I know it was 57

the first group of customers and I opened just after 9pm. It was common to hear helicopters 58

coming and going during these high society events. My only problem with these bigwigs using 59

helicopters was that it meant they weren’t going to walk by my cart before they left! 60

Revised 8/27/23

The Sohi Children’s Hospital auction gala at the Miller Tower wasn’t the only show in 61

town that night. There was a Halloween-themed street festival with local bands, like Metabolize 62

to Freedom and Harambe & The Blowfish, a couple blocks away. It meant that a lot of the 63

nearby roads were closed off, but it was great for foot traffic and for business that night! 64

The stream of customers coming up to the Miller Tower cart was steady. The line was 65

never more than 5 people deep but it was a consistent flow of people. I was busy cooking and 66

making small talk with customers. I had no idea what terrible crimes were happening above us in 67

Miller Tower! 68

I remember hearing a helicopter take off from Miller Tower around 9:30pm. It might 69

have been a few minutes before 9:30pm because I heard the helicopter take off while I was 70

cooking and when I finished the order and the customer paid, I remember seeing that it was 71

9:30pm on my tablet that I use to process all my sales. Again, it wasn’t that notable to hear 72

helicopters come and go. I think this one only stood out because it was flying away from the area 73

when I saw Poe Cameron exiting Miller Tower. I didn’t know Cameron worked downtown. I 74

mean, Cameron certainly wasn’t the type of person that gets invited to the charity gala. There are 75

no multi-millionaires or billionaires living in Pleasant Ridge. Cameron’s parents buy lotto tickets 76

with me, so I know Cameron wasn’t there to put a bid on Berkley F. De la Porta’s fancy artwork. 77

In all my years working downtown, I had only seen Cameron near Miller Tower once before. 78

That was back in late-September or early October 2022 when I saw Cameron taking selfies near 79

various exterior doors of Miller Tower. I just figured it must be the newest Tikchat trend or 80

something. 81

I don’t know that I would have even looked up to see Poe Cameron leaving the Miller 82

Tower if the secondary security door that opens into the alley didn’t slam as Cameron exited. I 83

could tell Cameron was upset and clearly out of breath. Cameron turned around in circles and 84

looked lost. Like Cameron didn’t know which way to go. Cameron was holding a Halloween 85

mask (Exhibit 23) in Cameron’s hand and shaking it up and down. Then, suddenly, another 86

person wearing dark clothes with a black ski mask came out of the same door Cameron had just 87

exited from. This second person rolled up their ski mask, but I didn’t recognize them. They 88

certainly weren’t from Pleasant Ridge or Walden Park, or I would have known them. This 89

unknown person was wearing similar looking dark clothes as Cameron. The two of them looked 90

like they were arguing based on their hand gestures, but I couldn’t make anything out other than 91

Revised 8/27/23

when Cameron said, “Made me do it!” Then Cameron kicked the alley security door to Miller 92

Tower and made a motion that looked like Cameron threw something on the ground in the alley. 93

I had never seen Cameron act like that. I called out to Cameron to see what was wrong. But 94

before I could get any answers Cameron and the unknown person with the ski mask ran off down 95

the street in opposite directions. It looked like Cameron might have run down the alley adjacent 96

to Miller Tower and turned towards the Oakley neighborhood. But I can’t be certain because it 97

was hard to see the end of the alley because the streetlight was burned out. 98

Just as I was watching Cameron run off, a police car pulled up with its lights running. I 99

instinctively reached for the extra kebabs I had prepped, but they ran right up the stairs into 100

Miller Tower. Within minutes the area was swarming with police and emergency vehicles. Kit 101

Bahmani arrived around 9:40pm and ordered the area cleared. Even my offer of free kebabs 102

couldn’t keep my cart open any longer. I was shut down but had to wait there because they told 103

me I would need to give them a statement. My business lost a lot of money that night. I hope 104

Berkley F. De la Porta realizes that crime doesn’t just hurt the immediate victim. I’m sure the 105

billionaire De la Porta doesn’t care about little old Kwik Bites, but if I got five minutes alone 106

with De la Porta, I’d give that comic-book-villain-wannabe a piece of my mind! 107

I always knew De la Porta was bad news. No one with that much money and that much 108

face time on Blitz News Network can be up to anything good. Even though the Sohi Children’s 109

Hospital charity gala was hosted and run by De la Porta, I knew that was just because De la Porta 110

liked people showering praise on them. That’s why I was shocked when, a month earlier, I saw 111

Poe Cameron and Cameron’s sibling, Memphis Raynes, talking with De la Porta. Talk about an 112

odd couple! 113

It was just dumb luck I was even in Oakley in mid-September. My employee, Evelyn 114

Owens, runs the Kwik Carts that are in the Oakley and Hyde Park districts of Walton Park. Evy 115

got sick so I was making the rounds to my cart vendors when I saw this limousine pull up in 116

front of the Ivy Lane building. De la Porta gets out and goes inside Ivy Lane. A few moments 117

later Memphis Raynes’s car pulls up. That car is unmistakable! A Mustang GT500 with 118

“ELNOR2” plates. Sure enough, Raynes and Poe Cameron get out and go inside Ivy Lane too. I 119

might have thought it was just a weird coincidence if the three of them (De la Porta, Cameron, 120

and Raynes) hadn’t all walked out of Ivy Lane together just 15 minutes later. De la Porta’s 121

company MSIG owns most of the buildings in downtown Santa Ivo City, so I figured Raynes 122

Revised 8/27/23

and Cameron were doing something for one of De la Porta’s subsidiary businesses. I didn’t 123

realize they were plotting an armed robbery! Raynes was doing all of the talking with De la Porta 124

as they walked toward the limousine. Cameron was walking about 3 feet behind them, not saying 125

a word. Once De la Porta left in their limousine, Raynes turned and started yelling at Cameron. I 126

couldn’t make out the exact words because of the traffic noise and the hum of the generator that 127

powers my food cart. But I am fairly certain I heard Raynes say, “you better do this or else you 128

know what happens!” Raynes then used both hands to push Cameron by the shoulders and got 129

back in their Mustang. Cameron just stood there for a moment looking down at their feet, 130

shoulders sagging, then Cameron got in Raynes’ car, and they drove off. 131

Cameron ended up walking past my cart in Pleasant Ridge later that same week after I 132

had seen Cameron, Raynes, and De la Porta together in Oakley. I asked Cameron if Cameron 133

was doing okay, and Cameron snapped at me to “mind my business!” It was very 134

uncharacteristic of Cameron to be rude. I let it be but made a mental note to follow up with 135

Cameron’s parents in the coming days. But I got busy and forgot to ask them. 136

It was a few weeks later when I was working at the Miller Tower cart that I saw Cameron 137

taking selfies outside of Miller Tower, as I mentioned earlier. But in weird places like by the 138

security door I later saw Cameron come out of on Halloween night. I don’t understand 139

everybody’s interest with Tikchat and being an influencer, but Cameron was taking a lot of 140

pictures of that area. I called out to Cameron, “Hey there big movie star what you doing?” 141

Cameron looked startled and responded, “Oh hey Jun! I didn’t expect to see you here. Long way 142

from Walton Park, huh?” I agreed and asked why Cameron was downtown by the Miller Tower. 143

Cameron just looked at me for about 5 seconds and then stuttered out, “uuuh uum, yeah, good 144

question, um, wwwhat am I doing here? Oh…right, taking pictures for the Tender dating app. I 145

thought this would be a great location to look sophisticated.” I chuckled and said, “I think all 146

those security cameras and security doors are going to kill your chances!” “Oh but that’s just 147

what I wanted in the pictures, Jun!” Cameron replied. I will never understand these social media 148

crazes. 149

All that being said, there is no way that Poe Cameron hurt Emory Sands; I don’t care 150

what all the newspapers or Blitz News Network are reporting. Poe Cameron is a kind, peaceful 151

soul. I remember when Cameron stopped traffic to let a family of geese cross the road in our 152

neighborhood. Everyone hates geese! Cameron was the person that helped the older folks in the 153

Revised 8/27/23

neighborhood carry all their groceries up the steps to their house. Now, Memphis Raynes has a 154

temper; but Poe Cameron would never hurt another person. The mere fact that Cameron was 155

linked to De la Porta and this “Halloween Helicopter Heist” (as they call it on Blitz News 156

Network) tells me that someone must have threatened to hurt Poe Cameron’s family or 157

something. It doesn’t make any sense any other way. 158

I am familiar with following exhibits: 159

Exhibit 7 is a photograph of Poe Cameron’s ring. I’ve seen Poe Cameron wearing that 160

ring every day since the world opened back up in 2020. 161

Exhibit 23 is the mask that I saw Poe Cameron holding when Cameron exited the Miller 162

Tower security door on October 31, 2022. 163

Exhibit 25 is a photograph of Poe Cameron. The photograph accurately reflects what Poe 164

Cameron looked like in 2022. 165

Exhibit 26 is a photograph of Memphis Raynes, Poe’s sibling. The photograph accurately 166

reflects what Memphis Raynes looked in 2022. 167

I swear or affirm the truthfulness of everything stated in this affidavit. Before giving this 168

statement, I was told I should include everything that I know may be relevant to my testimony, 169

and I followed those instructions. I know that I can and must update this affidavit if anything 170

new occurs to me until the moment before opening statements begin in this case. 171

172

____________________________________ 173 /s/ JUN CAGE 174

175

Duly Subscribed and Sworn By Me: 176

____________________________________ 177

/s/ BERNARDI BIN JAMIN178

179

Revised 8/27/23

AFFIDAVIT OF BLAISE NOVA

After being duly sworn upon oath, the Affiant hereby states as follows: I am over 18 and 1

competent to make this affidavit. I was subpoenaed to testify. 2

My name is Blaise Nova. I have never written one of these things before, so I am going 3

to include everything that I think might be important. First, a little about me. I am happily 4

married to my spouse, Alex Nova, and we have three beautiful children together. Growing up I 5

was huge into cheerleading and tumbling. In college, I was a member of one of the best stunting 6

groups in the country three years running. I also have dabbled in magic since I was young. One 7

day, I hope to own my own magic shop right here in Santa Ivo City. That’s really more of a pipe 8

dream at this point, but I like to dream big! 9

I am a real estate agent by trade, but I also dabble in property management from time to 10

time. That’s why I’m relevant to this case, or so the attorneys tell me. I spoke to the attorneys 11

from both the prosecutor’s office and the defense before writing this. They interviewed me 12

together and then told me to write everything I know in this document. So, here we go! 13

In 2022, I was filling in for a friend of mine, Cherry. She asked me to take over as the 14

building manager for Ivy Lane for the year of 2022 so that she could pursue her dream of aerial 15

acrobatics for a new cutting-edge program called Ariel No Longer Under the Sea. She had been 16

cast as Ariel’s understudy. As soon as she came to me to ask for help, I looked her straight in the 17

eyes and said, “If you think I would ever not help you follow your life-long dream, you don’t 18

even know who I am. Yes! Of course, I’ll take over as the property manager!” Turns out that 19

people prefer seeing the Ariel under water rather than in the air, so sadly Cherry is back at Ivy 20

Lane, but does she have some great stories to tell! 21

Anyway, I started working as the property manager at Ivy Lane in January of 2022. Ivy 22

Lane is a multi-residence complex. It has a mix of condominiums and apartments. About half the 23

units are apartments and the other half are condos. The clientele is on the upper half of the 24

economic scale. It doesn’t cater to the super rich, but the people who lived there always seemed 25

to have a lot of cash. In all my years of real estate, I’ve never seen a building run quite like Ivy 26

Lane. Surprisingly, a lot of people who live there like to pay their rent in cash. The first time 27

someone asked if we would take cash for rent payments, I called Cherry to ask if that was ok. 28

She told me that that was totally normal for the building and that for the short-term rentals, 29

people often pay cash upfront for all the months. Since it was normal, I figured to each their 30

Revised 8/27/23

own! And I have to admit that I got used to seeing people put down large chunks of money to 31

rent these apartments. The Ivy Lane safe in the manager’s office was bigger than usual to hold all 32

those cash payments. 33

The people who live there also sure do love their privacy. Back when I worked there, 34

there were no cameras in any public areas of the building. There is a camera in the area where we 35

keep the safe, which holds the rent payments and rental contracts. But other than that, the place 36

doesn’t have a single other camera. That’s not to say it’s not secure though. Getting into the 37

building requires a key fob. Every tenant has their own unique fob with a microchip key that 38

unlocks their apartment door. If they want, they can have extra fobs made for their unit. But it 39

costs extra. Also, once a lease is terminated all keys for that apartment get turned off and can no 40

longer access the premises. To get into each unit, the renters have a second key. This one is a 41

physical key, but it’s a special kind of lock that apparently is unpickable. I know for a couple 42

reasons, (a) because I googled it, and (b) because I thought I could work that into a new magic 43

trick I was working on—but that did not go well. 44

My role as property manager was pretty simple. I rented empty units to new tenants. I 45

also helped coordinate any cleanup and renovation of units that were newly vacant. I didn’t 46

really deal with maintenance requests. That’s my sibling-in-arms Riley Poole’s forte. RP is the 47

maintenance person over at Ivy Lanes. I literally couldn’t have done my job without RP. Nothing 48

like having a great team, am I right? I also occasionally handled questions or issues raised by the 49

condo owners. The president of the homeowner’s association, Tray Westinmeier, is quite the 50

busy body. I swear, Tray came in twice a week freaking out about all sorts of bugs, but no matter 51

what we did to inspect the space, we found nothing in Tray’s unit. I tried to make a joke about 52

how the bugs always seem to disappear like magic—and then I would do a trick to make a card 53

disappear—but Tray never seemed to appreciate my jokes. 54

Anyway, the attorneys told me that I am supposed to talk about everything I know about 55

unit 322 during my year of running Ivy Lane. Unit 322 was empty for most of the time that I 56

worked at Ivy Lane. There had been a podcast about the former tenant of Unit 322 that went 57

missing under mysterious circumstances from a few years before. Rumors and internet chatter 58

always said the missing tenant was a secret paramour of Berkley De la Porta. Some really crazy 59

threads on the social media site Tumble claimed to have proof the missing tenant was involved in 60

black market art auctions. But you can find almost anything on the internet. Anyway, Cherry had 61

Revised 8/27/23

said that no one ever wanted to rent it because it was supposedly haunted. But a Nova never 62

backs down from a challenge, and I told Cherry that I would have that unit rented out in no time. 63

Unfortunately, the initial prospective tenants did not share my optimism. 64

It was such a shame because unit 322 was a real beaut! Open concept floor plan, a full 65

kitchen, with two bedrooms and two baths. It had great floor to ceiling windows with a view of 66

the downtown skyline, including the Miller Tower. It was also a top floor corner unit right next 67

to the emergency stairs. And, it had a washer and dryer in the unit. No matter what I did to try to 68

get that unit rented, no one would bite. 69

That is, until my lucky day: August 9, 2022. On August 9th, someone called me asking 70

whether there were any units available in the building. I said, “there sure are! What exactly are 71

you looking for?” The person said they needed an open concept apartment with lots of room, a 72

corner unit if possible, full kitchen and laundry, with a view of downtown, and with close access 73

to a fire exit. I was so excited! They were describing unit 322. I tried not to count my chickens 74

before they hatched, so, as calmly as I could, I said, “I think I have the perfect unit available 75

now. Why don’t you come down today and take a look at it?” The person said that they could be 76

there by 1pm. I said I would meet them at the building then and hung up. A few hours later at 77

1pm, someone buzzed the desk asking to be let in. I asked who it was, and they said their name 78

was Memphis Raynes. They said that they had called earlier about renting a unit. I let them in 79

and met them face to face. 80

Memphis wasn’t very talkative. I tried to learn a little more about Memphis, but as soon 81

as I started to get into where they were from, they said, “Can we move this along? I have places 82

to be.” I didn’t want to push my luck, so I took Memphis straight up to unit 322. I gave Memphis 83

the whole spiel about the apartment’s great features. Memphis looked fairly unimpressed and 84

asked me a lot of questions about the neighbors. Memphis asked, “does anyone live in the 85

neighboring units?” I told Memphis that there was an elderly couple, the Lamperts, in the next 86

unit over who were quite lovely but were a bit hard of hearing and couldn’t quite see as well as 87

they used to be able to. And I also said that the unit on the other side was currently under 88

renovation and wouldn’t be available until December. Memphis smiled and kind of mumbled to 89

themselves “we’ll be long gone by then.” Memphis then said that they had to make a call and 90

check with someone before they could decide. 91

Revised 8/27/23

Memphis then stepped away from me, but the apartment was completely empty, so it was 92

pretty easy for me to hear Memphis’s side of the phone call when they were across the room. 93

Memphis was whispering, but I heard Memphis say, “Yeah. This place looks like it will work. It 94

has a perfect view of the building. It also has plenty of space for what we need it for.” Then 95

Memphis was quiet for a bit like they were listening to the other person talk. Then Memphis 96

said, “Yeah. Neighbors won’t be a problem here. No one should bother us. We can also make a 97

quick exit if we need to. And yeah, I looked this place up, we can get a set of keys for everyone.” 98

At that point, I suddenly remembered that I hadn’t disclosed the murder and the possible 99

haunting. Midlands has very strict rules about home disclosures, even for renters. So, I started 100

trying to think of ways to positively spin the whole potential unsolved murder thing with a 101

possibly angry ghost lurking into something positive or quirky about the apartment. I couldn’t 102

think of anything, so I just kind of blurted it out all of a sudden. After my confession, Memphis 103

just kind of looked at me, ended the phone call, and then said, “ummm, ok.” Then Memphis did 104

another walk around the apartment and said, “I’ll take it.” I was ecstatic! I had done the 105

impossible: rented unit 322. 106

I told Memphis that we could get the rental paperwork completed that day if they wanted. 107

Memphis said, “let’s get it done now, if that’s ok.” Then we went down to the office and got the 108

rental agreement signed. Since it was a short-term lease, it was pretty standard. One thing that I 109

thought was odd was that Memphis asked for 5 sets of keys to be made for the unit. I tried to 110

make a joke about asking why so many people would need keys, and Memphis had a bit of a 111

strong reaction. At first, Memphis snapped, “It’s none of your business who comes in and out of 112

here.” I was taken aback, but then Memphis softened a little bit and said, “Sorry. I just know that 113

this place is known for its discretion. I can trust you to keep my trust, can’t I?” I replied, “Of 114

course! And sorry about that. I didn’t mean to pry.” I then told Memphis that the keys would be 115

ready for pick up tomorrow and Memphis could move in whenever. Memphis then signed the 116

rental agreement and said they would pay me in cash in full for the entire stay when I gave them 117

the keys the next day. 118

On August 10, 2022, I gave Memphis the keys to unit 322, and Memphis paid me the 119

deposit with cash from a duffel bag. I wanted to be helpful and decided to do something out of 120

the ordinary for them. I made each of the key fobs a different color: green, blue, purple, red, and 121

grey. That way Memphis could keep track of which one was which. Memphis thanked me for my 122

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discretion again and then gave me an extra $500 for my time, and told me, “if anybody ever asks, 123

you never met me.” Then we said goodbye and I told Memphis I would see Memphis around. 124

I didn’t see Memphis for the first few weeks. I had gotten reports from RP that furniture 125

had been moved into unit 322. Sometime in late August 2022, I remember seeing Memphis with 126

two other people. I said hello to Memphis and tried to introduce myself, but Memphis said they 127

had to get going, so I never learned their names. Though over the next several months, I saw 128

them come in and out of Ivy Lane a lot, mainly at night. While I agreed to take over the building 129

manager gig for Cherry, my day job was still selling real estate. So, most of the time that I was at 130

Ivy Lane—unless I was showing an apartment—was at night after dinners with my family. I was 131

happy to see that the color-coded keys were coming in handy. One person was always walking 132

around with the green key fob. (Since I didn’t know their name, I just started calling them 133

“Green” in my head.) I saw another person always walking around with the grey key fob, so I 134

called that person “Grey." Memphis had the purple key fob. I probably saw Memphis and the 135

other two at Ivy Lane about three times per week during September, and in October it seemed 136

like all three of them were just living in the apartment together they were there so much. 137

I like to make certain I get all my steps in for the day, so I spend my breaks walking the 138

complex. While on one of my walks in early September, I heard Memphis, Grey, and Green 139

talking about something while they were outside vaping. They weren’t supposed to be smoking 140

on the complex grounds, but I am not a narc. They were talking about Halloween and some sort 141

of gala. Though, really, they could have been talking about gala apples. I also heard Green say, 142

“I know where we can get a helicopter. That one air school that went out of business.” And then 143

Grey joked, “We will have to make sure there isn’t some sort of mechanical failure though.” 144

Then all three of them laughed. I thought they might be referring KC Air because I hadn’t heard 145

about any other flight schools closing. A couple weeks later I heard Grey ask Memphis if Grey 146

“should bring an axe, just in case.” I was a little alarmed at that question and must have made a 147

noise because Memphis turned my way. When Memphis looked at my shocked face, Memphis 148

said, “We are making Halloween plans.” And I laughed and said, sounds like some intense plans. 149

Grey said, “you have no idea.” Then they both left. 150

At some point I saw a fourth person start to show up to Ivy Lane as well. It was during 151

October 2022 for sure. I think it was October 5th or 6th. I remember because I was putting up 152

Halloween decorations in the lobby, and the person came up to me and asked where the elevators 153

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were. I saw that they had the blue key fob that I had given Memphis—naturally their name was 154

“Blue” in my head at that point. I asked “oh, you’re here for unit 322?” Blue kind of jumped a 155

little, started to look nervous and asked, “what makes you say that?” in a shaky voice. I said, 156

“because you have one of the key fobs I gave to Memphis silly! I’m the property manager. Me 157

and Memphis are cool.” Blue then looked a lot more relaxed, looked me up and down, and then 158

said in what sounded like a curious tone, “Oh ok. So, you know what we’re planning up there?” 159

Based on everything I had heard, I figured that Memphis and the other two were just super into 160

Halloween and maybe they had been planning a cool Halloween party. I said, “all I know is that 161

whatever they are doing for Halloween sounds off the hook!” And I really meant it. Blue said, 162

“wow I didn’t know how many people were involved in this. I figured it was just going to be the 163

four of us plus the boss.” I remember being confused by that and I think it showed on my face 164

because then Blue turned pale. Then Blue said, “forget everything I just said.” Then Blue kind of 165

made a forced laughing sound and said, “Halloween, am I right?” Then Blue smiled and pointed 166

at the decorations I was hanging and said, “your spider web isn’t quite right.” Then Blue spent 167

10 minutes helping me get the spider web I was trying to hang on the wall to look more 168

authentic. Such a nice person. After the cobwebs looked picture perfect, Blue said goodbye and 169

then went up the elevator. 170

After everything that happened at Miller Tower during the charity auction gala on 171

October 31, 2022, I saw the picture of Poe Cameron on the news. I recognized Poe instantly as 172

Blue. After that first encounter, I saw Poe come in and out of Ivy Lane about 4 or 5 more times. 173

Not nearly as much as Grey, Green, and Memphis, but still more than just a few times. 174

In late September 2022, I was working at Ivy Lane during the day for once while I was 175

waiting to show one of the empty units when I had one of my first sort-of-celebrity sightings. 176

Well, it was more than a sighting, it was a full-on encounter! I was actually at a coffee shop next 177

door to Ivy Lane, just sitting at a table outside when I saw Berkley F. De la Porta just walking 178

down the street. I couldn’t believe it! De la Porta is super well known as the mega-millionaire 179

owner of MSIG and also as a big investor in disruptive new technologies. In my free time I had 180

been working on a brand-new product. I won’t include the details here because I could go on 181

about it for pages but suffice it to say that it was a huge idea that would be just up De la Porta’s 182

alley. Anyway, De la Porta started walking across the street towards where I was sitting. Life 183

doesn’t give you too many chances, so I got up and stopped De la Porta on the street. I 184

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introduced myself and we started chatting. Eventually, I was able to turn the conversation over to 185

my product idea. I’m not going to lie, De la Porta seemed a bit on edge. At the time I thought 186

maybe De la Porta was annoyed that they hadn’t thought of my idea first. But after explaining 187

my idea, De la Porta said, “It sounds great! Here is my business card. Send me an email.” Then 188

De la Porta walked off toward Ivy Lane. I thought I saw De la Porta pull a red key fob, identical 189

to the red one I had given Memphis, out of their pocket as De la Porta walked away. But I wasn’t 190

100% sure at the time. It was so fast that it could have been a watch band. I turned around for a 191

second, but the next thing I knew I could see De la Porta in the Ivy Lane lobby through the glass 192

doors. I didn’t know that De la Porta had any reason to be at Ivy Lane. I knew all the contracts 193

for all the renters and I also knew all the buyers by name and face—real estate is a people 194

profession! So, I knew that De la Porta wasn’t a resident. I figured maybe De la Porta was 195

visiting someone they maybe knew in the building. 196

However, a few weeks later around October 14, 2022, I saw De la Porta again. This time, 197

it was later in the day, around 5:30pm. I was about to leave Ivy Lane and had just started walking 198

across the lobby while typing out a text when De la Porta came into the building. We kind of 199

bumped into each other, in that rom-com meet-cute sort of way—though we never had anything 200

romantic between the two of us, as I am happily married to Alex after all! When I realized who I 201

had literally just bumped into, I said, “Hey! What are you doing here!?” De la Porta sort of froze 202

and said, “Uh…” Then I said, “Is this about my email? You liked the product idea?!” Then De la 203

Porta said slowly, “Yes… Of course… I am here to see you about your product idea.” De la 204

Porta’s tone seemed a bit off, but I didn’t think much of it at the time. I invited De la Porta back 205

to my office so that I could answer any questions they might have had. However, once we got 206

back to my office we hadn’t been talking for more than 10 minutes when Alex called. There was 207

an emergency with one of the kids that I had to rush home to help with. I apologized profusely to 208

De la Porta. But De la Porta was incredibly gracious and said, “Don’t worry about it. Go ahead. I 209

can see myself out.” I thanked De la Porta and shuffled out the door as quickly as I could. 210

The joke was on me though because I forgot my keys and had to run back about 10 211

seconds after getting outside. When I went back into the building, I saw De la Porta swiping into 212

the elevators to go up to one of the floors. I thought it was odd, but I was in such a rush, I didn’t 213

call out to them or anything like that. Once again, I thought I saw a flash of the red key fob in 214

their hands, but I didn’t stop for a closer look. I knew that the red key fob I had given to 215

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Memphis was the only red key fob being used in the building. It’s sort of a long story, but Cherry 216

ironically hates the color red, so she hadn’t used any of our red key fobs that we have in the 217

office. The first time I was able to make one was for Memphis’s unit 322. It made me wonder if 218

Memphis and De la Porta knew each other. They didn’t seem like they traveled in the same 219

circles, but who am I to judge? 220

I was at Ivy Lane during the late night of Halloween/early morning of November 1, 2022. 221

Alex and I normally go all out for Halloween (hosting our annual haunted house), so I don’t 222

usually have anything else planned for that night. However, there was an issue at Ivy Lane that 223

needed my attention that night. I remembered that I had failed to prepare the required paperwork 224

for the cash pick up the next day. So, I had to head to Ivy Lane. I think it was around 11:45pm or 225

so when I got there. The roads were a mess. Now I know it was because the police were trying to 226

figure out how to follow the helicopter that had just robbed Miller Tower, but at the time it was 227

quite the gauntlet to run. Regardless, after I got there, of course, Tray Westenmeier had a noise 228

complaint that Tray insisted that I handle personally. So, I dashed up to the third floor to tell the 229

Lamperts to quiet down their annual Halloween karaoke jamboree since it was after midnight 230

after all. Jessa was very sweet about the whole thing, but I did hear Gabriel mutter under his 231

breath that they wouldn’t have gotten noise complaints if they had just stayed in Wisconsin. 232

Afterwards, I decided to take the stairs back down to the lobby. I don’t want to get too far into it, 233

but my costume made the ride up the elevator very uncomfortable, so the stairs were definitely 234

the way to go. 235

As I had just entered the stairs, I heard the ding of the elevator and then some heavy 236

footsteps. My instincts told me to stay hidden, so I stayed behind the door for the most part and 237

watched what was happening in front of me. It was a bit dark in the hallway because the lights 238

dim in public areas after 12am every night. But it looked like two people were helping a third 239

person walk to the door of unit 322. It was dark on the floor so I couldn’t see exactly who was 240

talking each time someone spoke. But I had overheard Memphis, Grey, Green, and Blue talking 241

on at least five different occasions so I was fairly confident what each of their voices sounded 242

like. As they are walking towards unit 322, I heard someone who sounded an awful lot like Poe 243

(the person I knew as Blue) say, “we need to do something. They are going in and out of 244

consciousness.” Then the other person, who sounded like Grey, said they were “already dialing” 245

and then I heard a voice come through the speaker phone of Grey’s phone. I only heard a few 246

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words, but it sounded an awful lot like De la Porta’s voice saying in a very aggressive tone, 247

“What? You are not supposed to contact me for at least 24 hours afterwards. What are you 248

thinking?” Grey said something I couldn’t quite hear and then who I thought was De la Porta 249

said, “well are the packages secure? You idiots seem to have blown the job leaving blood 250

everywhere, did you at least get what I asked for?” Then the person in between Poe and Grey 251

kind of whimpered a bit and they turned. I could see from the hallway lights the face of the 252

person that was being helped to the door and they looked a lot like Memphis. I thought maybe 253

Memphis had drunk too much, but I did notice a big dark stain on Memphis’s clothing. It was 254

mostly on Memphis’s left shoulder and spread down Memphis’s back and left arm. It looked 255

almost like blood, but I suppose it could have been oil or paint. Grey then said into the phone 256

“Yes, but we need to know what to do with….” But then the door closed, and I couldn’t hear 257

anymore. I couldn’t believe that it was De la Porta on the phone at first. It didn’t really make 258

sense that De la Porta would be talking with these people. But then I remembered seeing De la 259

Porta with the red key fob and it made more sense why they would all be contacting each other. 260

Plus, after hearing about everything that had happened at Miller Tower on the news in the 261

months since the robbery, including that De la Porta was the mastermind behind the whole thing, 262

it makes sense that I was hearing De la Porta on the phone that night. 263

After that, everyone disappeared into unit 322. It was definitely a strange scene. But at 264

the time, since it was Halloween, I didn’t really know what to make of it. Clearly, Memphis had 265

people with them, so I figured there wasn’t anything else I could do. And I didn’t really know 266

what exactly was going on, so I thought it best to keep my nosiness to myself. So, I headed back 267

downstairs and then left Ivy Lane to return to my family’s Halloween party. 268

After that, I never saw anyone with the colored key fobs go in or out of unit 322. I also 269

didn’t see any of them in Ivy Lane again. I checked the apartment on November 11, 2022, after 270

the lease ended, and everything had been cleared out. I was surprised they were able to get 271

everything moved out without me or RP knowing. They must have been magicians! I also never 272

heard from De la Porta ever again about my product. That was quite disheartening. I had worked 273

so hard on my pitch and on the materials that I had sent to De la Porta via email, but nothing! 274

Blowing someone off like that makes me think that De la Porta is a bad person who has bad 275

things coming for them. 276

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Just like practically everyone else in Midlands, I heard about the “Halloween Helicopter 277

Heist” on the news. At first, I thought the daring thieves were kind of cool, but then I learned that 278

they had robbed the Sohi Children’s Hospital charity fund! Who does that to a charity?? 279

Especially, a charity for a children’s hospital at that! And what they did to that poor guard? 280

Monstrous! But I didn’t know that I had anything important to offer to the investigation until I 281

saw Memphis’s pictures on the news. This was several weeks after the heist, probably around the 282

end of November 2022. I remember that I was taking down the Thanksgiving turkey decorations 283

when their faces flashed across the screen. Apparently, Memphis was a wanted fugitive in 284

connection with the Halloween Helicopter Heist. After I saw that news cast, a lot of things that I 285

hadn’t thought were noteworthy started to make sense. So, I called the police to see if I had any 286

useful information. 287

Eventually, I was put through to Detective Kit Bahmani, who asked me to come down to 288

the station to talk about the investigation. At the station, I met Det. Bahmani and another person, 289

an FBI agent, named Agent Shar Burke. I talked with them for a good while about everything 290

mentioned above. They asked if unit 322 had been rented since the lease had ended. I said no. 291

They asked if they could search the unit for any possible evidence. I said sure. So, we headed 292

over to Ivy Lane. 293

The search itself was quite exciting! I took Det. Bahmani, Agent Burke, and who I think 294

was a forensic technician with their assistants up to unit 322. I wasn’t allowed to really do 295

anything there and had to wait at the doorway while they searched. At first, it looked pretty 296

bleak. There was no furniture left behind. It looked like all the investigators were dusting every 297

surface they could find for fingerprints. They kept exclaiming how they were finding nothing. At 298

one point all the investigators and the forensic people were gathered in the main living area near 299

the doorway where I was hovering. They looked pretty defeated. Agent Burke even looked 300

angry. The room felt pretty tense, so I cracked a joke about how criminals can’t make it easy by 301

leaving their used glasses etc. around for investigators to find. Then the forensic tech looked at 302

me and then crossed to the dishwasher and opened it. Inside, there were a whole bunch of dirty 303

dishes. The forensic tech called the assistants over and told them to start collecting evidence 304

from the dishware. Then they asked if the unit had a washer dryer. I said “of course!” and 305

pointed them to the washer dryer closet tucked away in the corner. Then the forensic tech opened 306

up the washer dryer and pulled out what looked like old towels, sheets, rags, etc. Some of them 307

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looked like they had dried blood all over them. I then heard Agent Burke say something like, 308

“finally! After all these years of trying to pin this on De la Porta and now I got them.” 309

After that, Det. Bahmani asked whether there was still any trash for this unit likely to be 310

located nearby. I told the detective that I didn’t know but it was possible. There had been a Santa 311

Ivo Trash Collector union strike going on for the past several weeks. So, I had no idea what was 312

there, but I said that it certainly smelled like it had been there a while. The police then went and 313

searched the area around the Ivy Lane building. 314

Wow, 10 pages already?! I can’t believe I had that much to say! I think that’s everything 315

I can think of that could be helpful. Oh wait, I do remember one last thing that I heard Poe say to 316

Memphis when they were outside unit 322 on Halloween night. Poe was very angry with 317

Memphis; I could tell by the tone of Poe’s voice. Poe said, very clearly, “I hate you for all of 318

this. I can’t believe you forced me into this!” I don’t know what any of that means, but it sure 319

sounds important, doesn’t it? 320

I am familiar with following exhibits: 321

Exhibit 8 is an accurate diagram of Ivy Lane unit 322 during Memphis Raynes’s lease 322

agreement. 323

Exhibits 9, 10, and 11 are photographs depicting a purple, blue, and red key fob, 324

respectively. Each one of them looks like the key fobs to Ivy Lane unit 322 that I gave to 325

Memphis Raynes. 326

Exhibit 12 is a copy of the lease agreement between Ivy Lane apartments and Memphis 327

Raynes for Ivy Lanes unit 322 from August 9 to November 9, 2022. Exhibit 12 is a fair and 328

accurate copy of the lease agreement for unit 322 between Raynes and Ivy Lane. 329

Exhibits 18 and 19 are copies of articles that I read. They are fair and accurate copies of 330

the articles I read. Nothing has been changed, even the links on the side are the same! To the best 331

of my knowledge the information contained in the articles is accurate. 332

Exhibit 25 is a picture of Poe Cameron or as I originally called Cameron, “Blue” because 333

Cameron had the blue key fob (Exhibit 10) for Ivy Lane unit 322. 334

Exhibit 26 is a picture of Memphis Raynes. That is exactly how Memphis looked in 335

2022. 336

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I swear or affirm the truthfulness of everything stated in this affidavit. Before giving this 337

statement, I was told I should include everything that I know may be relevant to my testimony, 338

and I followed those instructions. I know that I can and must update this affidavit if anything 339

new occurs to me until the moment before opening statements begin in this case. 340

341

____________________________________ 342 /s/BLAISE NOVA 343

344

Duly Subscribed and Sworn By Me: 345

____________________________________ 346

/s/CAMILLE RILEY MOON 347

Notary Public 348

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AFFIDAVIT OF EMORY SANDS

After being duly sworn upon oath, the Affiant hereby states as follows: I am over 18 and 1

competent to make this affidavit. 2

I’m Emory Sands, Director of Security at Miller Tower – or, I suppose, former Director 3

at this point. I’m here voluntarily (although I do miss court overtime pay – you can do pretty 4

well when somebody “forgets” to give you the message that a case had been adjourned). Miller 5

Tower was supposed to be my little gift in life, a quiet gig on top of my pension after 27 years on 6

the job with the Metropolitan Police Department in Midlands City, the last six of which were as 7

the lieutenant commanding the Homicide Squad. Santa Ivo City was the promised land – all the 8

urban amenities without all the crime and contentiousness of the big MC. Everybody knows 9

Mayor Leapheart runs a tight ship. And at some point in your life, you just decide you’ve spent 10

enough time alone in rooms with people who hack…well, no need for detail. Emory Sands had a 11

plan, alright – and we all know how that went, now. 12

Miller Tower is the premier commercial property in Santa Ivo City, a commercial high 13

rise with two special features. (Well, three if you ask me – no residential units, and thus no 14

needy tenants calling that somebody stole their package with 37 bottles of disinfectant spray.) 15

The first 39 stories of the building were just offices – very nice offices, of course. I’m not sure 16

who came up with the idea to put the MSIG event hall and vault on the 40th floor, but there they 17

were, and both were engineering marvels. The MSIG hall had a ballroom, a gourmet kitchen, a 18

dining room, and everything else you needed for a high society soiree. The vault was built and 19

installed by MSIG—you know, the tech giant owned by the eccentric mega-millionaire Berkley 20

F. De la Porta. I think De la Porta wants to go to space or something. Anyway, the vault was 21

executed perfectly. Inches upon inches of steel and concrete, wired for even vibration if 22

somebody tried to breach it, and a door that looked like it belonged in a missile silo somewhere, 23

controlled by the latest in electronic and biometric security systems. We had all kinds of people 24

storing their can’t-lose stuff there – stock certificates and proprietary papers from the corporate 25

tenants, some computer back-up tapes from various clients across the city, even some people 26

from the “State Department” who wouldn’t let me open the plain, brown wrapper on the stacks 27

of whatever they were bringing in. This was the highest value target on the property, maybe in 28

the City, but it was also hardly a worry for me. The security features baked into the construction 29

meant there was almost nothing for me to do except to hold on to one of the two keys that needed 30

Revised 8/27/23

to be turned simultaneously in the Command Center to start the unlocking process (which still 31

took several minutes). I was never without that key, which I kept right next to my lucky 32

Midlands Marauders keychain. 33

At the risk of boasting, I was pretty happy with the security operation we established at 34

Miller Tower. Our standard deployment was fairly small – a handful of guards during the day 35

running the lobby (and making sure nobody made it past our layered controls who shouldn’t), 36

and a floater as needed. I spent most of my time in the Command Center on the 40th floor. 37

Things were a bit more involved when we had events, but we’d worked out several tactical plans 38

that covered every need. We had planned deployments for low attendance events with high-39

profile attendees, one for large crowds of people that nobody cared about, another for large 40

events with people who had their own security details. These covered pretty much everything, 41

and we’d mix and match if we needed to, supplementing the regular day crew with folks 42

moonlighting from the local Santa Ivo police department or college kids from the criminal justice 43

degree program over at Santa Ivo Tech. We’d dress them up in security guard uniforms, and no 44

one would know the difference. One ‘tac plan,’ though, we reserved for one night a year and one 45

night only – the annual Halloween charity gala. In 2022, that charity event was a going to be half 46

silent auction and half costumed cocktail party—all to benefit the sick kids over at Sohi 47

Children’s Hospital. I’m certain there is something to be said about the upper crust of society 48

needing to don masks and costumes to be separated from their money, but far be it from me to 49

connect those dots. 50

Anyway, the planning for the charity gala started not long after Labor Day, and I swear 51

those six weeks took about six years off my life. The job itself was complicated and it mattered. 52

Santa Ivo’s annual charity gala was always a large event with a lot of profile, some legitimate 53

targets (especially political and cultural), and a bunch of art and artifacts for the silent auction 54

that were always worth millions – literally. I had real work to do to keep everyone and 55

everything safe. But I also had real pains to deal with, in the form of the gadflies and socialites 56

and whatever else they put on the planning committee. The worst part of the whole routine was 57

the walkthroughs, which were invariably repeated and lengthy, because the various calendars of 58

these “important” people were always so full and they could just NEVER get everyone together 59

at the same time. In order to make these people feel important during these walkthroughs, we 60

usually gave them individualized keycards that let them access special parts of the Miller Tower 61

Revised 8/27/23

– nothing super-secure, but they’re able to go up to the roof for an incredible view of the city. 62

The keycard codes usually expired after 48 hours, so there wasn’t a real long-term security risk. 63

These “planning” folks were never satisfied to sit back and let us security professionals do the 64

work. Oh no. They always had to be “in on” every detail. 65

Berkley De la Porta, who’s always co-chair of the planning committee, was the 66

ringleader of the walkthrough for the Halloween gala last year. De la Porta and I must have 67

walked the building a dozen times throughout the summer and early fall of 2022. Every time, De 68

la Porta asked about the same parts of the plan and the physical plant: How many guards are you 69

going to have at the door? How many guards are you going to have on the floor? How many 70

guards at each painting? De la Porta was really big about the paintings this last year. Apparently, 71

somebody had the bright idea to take three priceless works that weren’t even for sale and display 72

them during the auction for reasons surpassing my understanding. De la Porta said everything 73

had to be perfect for the paintings. I told De la Porta that I was thinking of trying to find some 74

kind of encasement for them that could roll from the vault to the floor without anybody having to 75

touch them and from which they couldn’t be removed without a bunch of work (the high society 76

version of those annoying plastic boxes the drug store keeps everything in these days). De la 77

Porta went through the roof – said, “I am not bringing my…” portrait of a penguin eating 78

blueberries or whatever De la Porta said, “…to sit in a big plastic case from which it couldn’t be 79

quickly removed if necessary.” I pointed out that the painting wasn’t going anywhere, and De la 80

Porta got flustered, and exclaimed, “Who said they were going anywhere? I just don’t want the, 81

uh, plastic to affect the lighting! There will be absolutely nothing attached to the paintings, and 82

you’re not going to have all those goons of yours standing around blocking people’s views.” 83

I told De la Porta that the security associates that De la Porta was referring to weren’t 84

“goons,” but rather most comprised of highly trained members of local police departments who 85

were professionals earning a little extra cash for the family vacation or their kids’ piano lessons. 86

De la Porta lost it again and said, “That was the next thing I was going to talk to you about – 87

those goons do not set the right tone. I want you to use some of those nice young people who 88

you normally have checking tickets downstairs, I want them to be the ones handling the art and 89

artifacts for the entire night. People are tired of being scared by armed guards at these events.” 90

This went on for a bit. I pointed out that nobody had ever reported being scared before, and that 91

we had used the same security plan without incident for years, yet De la Porta insisted that they 92

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knew a goon when they saw one. We’d never had a problem in the past and wanted to keep that 93

streak alive. But to be candid, De la Porta’s tantrum finally wore me down. 94

I figured that my guards would still be downstairs, so nobody could make it to the street 95

without real opposition. It just wasn’t worth the constant fighting with the adult temper tantrums 96

De la Porta kept having. We were on the 40th floor outside the Command Center and the vault 97

when De la Porta announced De la Porta wanted to walk the whole event hall again to see exactly 98

where my guards were going to be at every minute, and how many guards would be in each 99

location at any given time. I couldn’t take it anymore. I snapped at De la Porta, “You know, you 100

have such an eye for this. I’m really beginning to think maybe I’ve just lost my edge and that 101

you would have much better insight into security than I do. And because I have such…unique 102

feelings for you, I’m going to do something I never do.” And I did – I gave De la Porta a copy 103

of my tac plan for the Halloween charity gala, which had our security timeline, guard 104

deployment, and the security contingency plans written out. De la Porta took the tac plan and 105

clutched it to De la Porta’s chest. Then De la Porta leaned in as if about to hug me or something 106

– one of my hands went instinctively to my weapon, the other to block De la Porta’s approach. 107

De la Porta shrank back as I said, “You must be joking!” perhaps a bit uncharitably. 108

I had been trying to telegraph for some time that the walkthrough was over, but I couldn’t 109

seem to get De la Porta ‘s attention away from the October 31, 2022 tac plan. Finally, I pushed 110

for the elevator. It came – De la Porta did nothing. I coughed. Finally, I reached in and 111

announced, “Express to the lobby for one!” De la Porta looked startled and actually said 112

something that sounded like “Thank you.” 113

But it was too good to be true – De la Porta hadn’t got but one foot in the elevator when 114

De la Porta stepped back out and whispered, “One last thing. There’s one thing I’ve always 115

worried about….” I stepped back and said, “There’s only one other person here on this floor 116

with you. I don’t think you have to whisper.” De la Porta straightened up and said, “Well, I’ve 117

always been concerned about the heliport. It seems like such a vulnerability. How can we be 118

sure nobody will land on the roof during the charity gala and rob us all blind?” 119

I had to chuckle. De la Porta actually seemed to think we were in some sort of fictional 120

universe. I told De la Porta that I had never liked the heliport myself but that there was nothing 121

to worry about. I said that when I came on board, I insisted that they reinforce the entrance from 122

the helipad to the building with two armored doors that could only be opened with an extra 123

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special keycard or electronically from the control room. “It would take the crew from a local 124

firehouse, a couple of axes and a Halligan, and about twenty minutes to hack through those 125

doors,” I added, “so I think we’re safe.” De la Porta nodded and weirdly repeated what I said, 126

like De la Porta was trying to commit what I had said to memory. For a supposed “tech genius” it 127

all seemed a bit out of character, but De la Porta is nothing if not quirky. 128

Sarcastically, I said, “I’ll put a big post-it note that says “NO!” over that button in the 129

Command Center so nobody makes any mistakes if that will make you feel better.” De la Porta 130

punched the button for the elevator (which had left) and said, “Oh yes, that’s a very good idea. 131

Make sure that your replacement guards are very well instructed not to open the door for 132

anybody.” “You bet. See you later,” I said as the elevator doors finally closed. 133

I have spent a lot of time with a lot of different kinds of people but give me a serial killer 134

any day over that Berkley F. De la Porta and the yacht riding folks! I, of course, was pulling De 135

la Porta’s leg a bit. There had been talk about some kind of reinforced door at the helipad at 136

some point but the building manager never got around to implementing it. The helipad was 137

secured by one of the regular doors used everywhere else in the Miller Tower stairwells. 138

Anybody looking at it could tell that one good kick was all it was good for, and I imagine it 139

would stop an intruder for all of about thirty seconds. 140

De la Porta must have called me least three times during the week leading up to the Sohi 141

Children’s Hospital Halloween charity gala. Giving De la Porta that tac plan was the dumbest 142

thing I’d ever done. De la Porta kept wanting to go over it and make sure that our people were 143

going to be deployed just like in the plan. The night before the charity gala, I remember joking 144

with De la Porta. I said, “You know, De la Porta, if the security isn’t up to snuff you can just 145

shoot me, how does that sound?” There was an awkward pause – too long of a pause – before 146

De la Porta replied, “Oh don’t be silly! Of course, I hope you won’t be hurt in all this.” I said, 147

“Great, we’re all done. See you tomorrow.” De la Porta responded, “Oh no, I won’t be there 148

tomorrow. I have a sudden emergency.” 149

I actually felt bad for a second (silly me) and told De la Porta that I hoped everyone was 150

alright. De la Porta seemed very chipper and just said, “Yes, of course, everything will be just 151

fine. I just have to go to, uh, the place where my sister lives because she’s having a little 152

surgery. Minor really. But you just never know, right? Now, it’s just very important that you 153

follow the plan to the letter because I won’t be within several states during the entire time of the 154

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event. Quite a distance away, you see?” At the time I thought, “What a relief! Finally, a night 155

without De la Porta up in my business!” 156

But to keep the boss happy I said, “I hope you’ll be very involved next year, you’re so 157

important to what happens here.” De la Porta replied, “I certainly am, aren’t I? You could 158

almost call me a mastermind.” I laughed to be polite and ended the conversation. 159

The big day arrived at last. On October 31, 2022, we had our tac briefing and everybody 160

got their assignments. Another one of the “efficiencies,” which we received from De la Porta’s 161

company MSIG, was quite possibly the worst handheld radio system in history. Our events were 162

always quiet – just like Santa Ivo City itself – so there’d never really been an issue, but 163

somewhere a troop of school-aged scouts or a sleepover was looking for their toy walkie-talkies. 164

I handed them out, along with those in-ear-earpieces. They didn’t actually connect to our radios, 165

of course, but I’d discovered the effect on the crowd was pretty good. They liked indulging 166

themselves that they had their own private Secret Service to protect them from who knows what. 167

To be honest, we didn’t have a lot to do until it was time to bring out the artwork, 168

jewelry, and other items for each individual auction. While the servers and kitchen staff were 169

busy prepping cocktail trays of food, I monitored the security cameras from the Command 170

Center. It was all quiet, as expected. According to the tac plan, the only actual tense portion of 171

the evening was when we were transporting the auction items. We had to open the vault to 172

retrieve the artwork and other auction pieces (it had all been delivered to Miller Tower in an 173

armored truck around dawn), transport them to the event hall for auction, and then bring the 174

pieces back to be stored in the vault for the remainder of the evening. I had decided that after all 175

the items were secured, that vault was not opening back up until the armored truck returned to 176

deliver the items to their new owners. De la Porta’s wishes notwithstanding, I had my best 177

“goons” monitoring the 40th floor and the transport of the auction items while I stayed in the 178

Command Center. 179

Nothing eventful happened during the silent auction’s cocktail hour from 6:30-7:30pm. 180

By 8pm, all the items were successfully transported to the vault and the vault door was locked. It 181

was supposed to be smooth sailing from there. I went to the kitchen and asked one of the 182

waitstaff (I later learned this person’s name is Parker Orlov) to have someone bring a tray with 183

some food down to the lobby for my crew, and I sat in the Command Center casually watching 184

the security camera footage while I had myself a quick bite to eat. As I was eating, I noticed that 185

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the screen for the camera on the roof was cutting in and out. I figured at the time it was just more 186

glitchy tech from MSIG. Eventually, the security footage stopped cutting out and I couldn’t 187

believe my eyes! There was a helicopter on the helipad! Our security policies require prior 188

authorization to land on the helipad, and no one had called or cleared a landing with me. 189

I radioed to my crew that we had a potential security breach, but I don’t know if anyone 190

received my call. After nothing but silence from the radio for what seemed like hours, though I 191

know it was likely just a minute or two, I decided I would leave the Command Center and 192

investigate the roof myself. I checked the clock in the Command Center, it read 9:13pm. 193

As I opened the door to the Command Center, I saw three figures in dark clothes rushing 194

at me. They were all in the same dark pants, dark boots, and some sort of long-sleeved dark 195

shirts. I distinctly remember one was wearing a black ski mask (how cliché, right?). Another was 196

wearing a cheap Halloween mask that was probably some Hollywood horror flick villain. I 197

remember that person in the horror mask yelled, “You’re going to have to get rid of that guard, 198

P! If you don’t, you know what happens!” At least I think that’s what the person in the horror 199

mask said, because the mask did muffle the words a bit and it happened so fast. Then the third 200

person, P (I assume), who was wearing the mask that the police later showed me (Exhibit 23), 201

screamed like some sort of animal and punched me in the side of the head with something hard. 202

It wasn’t just knuckles. I’ve been in a plenty of fist fights; and this was something much harder 203

than human skin and bones. The lights went out immediately. 204

I don’t know how long passed by. At some point I woke up. I was out so cold they 205

hadn’t even bothered to restrain me or anything, just dragged me into the vault. I don’t know 206

how they could have accessed the vault. Unless you know how the security system works, there 207

is no way you can get in, even with explosives. There is a very specific sequence that is required 208

to enter the vault. If you don’t put in your security card, handprint, and retinal scan in that order 209

and within 10 seconds from start-to-finish the system will lock down and send an emergency 210

message to the Santa Ivo Police Department. If the system locks down, an alarm sounds in the 211

Command Center as well. Not even I, the director of security, could override the emergency alert 212

system once the alarm was activated. The vault security system was the one thing that MSIG got 213

right. 214

I noticed that the person wearing the horror mask had my gun tucked into their 215

waistband. I thought for a second about just playing dead until they left, but there was no way to 216

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know what the robbers intended to do with me. I took a couple of deep breaths and shifted so I 217

could raise up off the floor and propel myself into Horror Mask at the same time, grabbing for 218

my gun. I clearly surprised Horror Mask. I tackled Horror Mask and we both went to the floor. 219

My gun went clattering across the floor. Horror Mask and I were wrestling on the floor 220

exchanging punches. Horror Mask’s disguise was knocked to the side of their face and I was able 221

to clearly see the face underneath. Not surprisingly, by this point the other two robbers must have 222

heard the commotion and realized I was conscious because they ran in the vault. The robber in 223

the ski mask kicked me once or twice in the ribs. But the third one, the one wearing the mask the 224

police recovered (Exhibit 23) jumped on top of me and started pummeling the back of head and 225

face. Once again, something metal was in or on their hand because it was a lot harder than a 226

human fist. I remember my attacker screaming “Get off! If this gets screwed up then I am…” and 227

then last thing I remember is feeling someone grab my head and slam it into the cement floor of 228

the vault. 229

I woke up, albeit about two weeks later. It was another week before I was off the 230

ventilator, and then two more weeks before I went to an inpatient rehab for six months. I never 231

thought that the best day of my life would be the day they took me off the feeding tube and I got 232

to eat again for the first time in a month. The rehab people worked wonders, but there was only 233

so much they could do. The attackers left me to die on the floor of the vault with a ruptured 234

spleen, a fractured skull, and subdural hemorrhage. At first, I couldn’t even move one side, and 235

speaking was hard, not that I had anything much to say since I couldn’t remember anything at 236

first, especially short-term. But with months of work that’s still ongoing, I’m walking on my 237

own again, and you can just barely notice my limp. My speech and vocabulary have come back 238

entirely, which is a relief – all those years doing the Times crossword working midnights with no 239

cases paid off, apparently. 240

Some of my memory of the details of that night might be fuzzy, but not much. I still 241

clearly remember Horror Mask’s face. I remember when I was sitting in my hospital bed 242

watching Blitz News Network and my attacker’s face appeared on the screen. The news anchor 243

said that face belonged to someone named Memphis Raynes and they were still at-large. The 244

story went on to say that the police only ever arrested one of my attackers. Someone named Poe 245

Cameron. I didn’t recognize their face. But then I didn’t see under the other two masks that 246

night. But I did later hear a recording of Cameron’s interrogation played on Blitz News 247

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Network’s coverage of this case. And I am certain that Poe Cameron’s voice is the voice I heard 248

on Halloween Night at Miller Tower from the person that jumped on top of me and was 249

punching me with the object in or on their hand. I never heard the robber in the ski mask talk. 250

But the one wearing the mask recovered by the Santa Ivo police department (Exhibit 23), is 251

definitely Poe Cameron. Even through the mask, I know the voice I heard was Cameron’s voice. 252

I am familiar with following exhibits: 253

Exhibit 1 is one of the invitations for the October 31, 2022 Sohi Children’s Hospital 254

charity gala at Miller Tower. I saw a whole stack of them sitting on the counter of the 40th floor 255

kitchen in Miller Tower in the week leading up to the charity gala. It has not been altered in any 256

way from when I saw them in the kitchen. 257

Exhibit 2 is the auction brochure for the Sohi Children’s Hospital charity gala that was 258

held at Miller Tower on October 31, 2022. The brochure has not been altered in any way from 259

when I saw a copy. There was a stack of these brochures right next to the stack of invitations on 260

the 40th floor kitchen counter of the Miller Tower. It has not been altered in any way since when 261

I last saw them in the kitchen. All of the items listed as auction items and the three display only 262

Morisot paintings shown in the brochure were secured safely in the Miller Tower 40th floor vault 263

before I was attacked on October 31, 2022. 264

Exhibit 3 is a diagram of the 40th floor of the Miller Tower. It accurately depicts the 40th 265

floor as it existed on October 31, 2022 during the charity gala. 266

Exhibit 5 is a picture of a security keycard for Miller Tower. This keycard is required to 267

access the secure areas of Miller Tower’s 40th floor and roof. 268

Exhibit 23 is the mask that I saw my attacker, the one that was referred to as “P,” wearing 269

on October 31, 2022. The one that knocked me out in the vault. 270

Exhibit 26 is a photograph of person that was wearing the horror mask on October 31, 271

2022. According to the news that person’s name is Memphis Raynes. But I had never seen 272

Raynes before October 31, 2022. 273

Exhibit 27 is an accurate copy of my medical records. 274

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I swear or affirm the truthfulness of everything stated in this affidavit. Before giving this 275

statement, I was told I should include everything that I know may be relevant to my testimony, 276

and I followed those instructions. I know that I can and must update this affidavit if anything 277

new occurs to me until the moment before opening statements begin in this case. 278

279

____________________________________ 280 /s/EMORY SANDS 281

282

Duly Subscribed and Sworn By Me: 283

284

____________________________________ 285

/s/ALEX JIMENEZ 286

Notary Public 287

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AFFIDAVIT OF BERKLEY F. DE LA PORTA 1

After being duly sworn upon oath, the Affiant hereby states as follows: I am over 18 and 2

competent to make this affidavit. I am making this affidavit entirely of my own free will and 3

against the advice of counsel. But, as you’ll see, I truly hope this statement will get the 4

government all the way off my back about this heist. 5

My name is Berkley F. De la Porta, I’ve asked my current residence be redacted and I 6

guess the prosecutors agreed. Obviously, I have had multiple issues with “the press” over the 7

years; after all, every one of them are just tabloids trying to dig up dirt on me. Still, everyone 8

knows that I split time between Santa Ivo Heights, Paris, and the sleeping space at my secondary 9

office at the headquarters of my most recent acquisition “Little Bird Word” (the world’s sixth, 10

soon to be eighth, most popular social media service.) I also should note my counsel, the third 11

set of lawyers I’ve had to hire since this witch hunt started, have told me—and they asked me to 12

make explicitly clear they told me—not to make this affidavit. I am confident, though, once they 13

see my genius and I win the case for them they’ll forgive all the legal fees I still owe them. So, 14

obviously, they don’t have much room to talk. 15

A lot of people ask me, “Berkley, how did you overcome the adversity of getting an 16

engineering degree from the second best Ivy League school in the country because your parents 17

would not make a large enough donation to the best, the struggle of landing a job as only a vice 18

president in your uncle’s business when you graduated, and the indignity of being forced to start 19

your own business with only $50 million in seed money from your trust fund?” And I tell them, 20

“when you are an absolute mastermind like me it’s super easy, barely an inconvenience.” So, 21

with nothing more than my Bachelor’s from Yale and my paltry seed money, I set out in the 22

world of defense contracting. 23

I’ll give you a little bit of my history before we get to the events in question. Once upon a 24

time, I set out to start a defense contracting firm known as the Midlands Santa Ivo Group, MSIG 25

(pronounced M-Sig by some) in 2008. MSIG is now an internationally renowned engineering 26

firm that specializes in military and private security technology, surveillance, and aerospace 27

communications. We hold over fifteen thousand marketable patents and have licensed our 28

technology to every nation in NATO as well as a few groups that deal in special interest 29

assignments in Latin America and the Middle East. Our technology includes military grade 30

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communications technology such as satellite phones, cell phone/frequency jammers, underwater 31

communications apparatuses—basically if you can name a military grade product, we make it. 32

After that company was a smashing success—as I knew it would be despite the lack of 33

support I had from my parents to start it—the planets started to really call to me, specifically 34

Venus. I started another company called Blast Off to make that dream come true. And, wouldn’t 35

you know it, the fates and all the stars aligned so that Blast Off is at the pinnacle of Midlands’s 36

commercial space race. Most recently, I have purchased Little Bird Word, a social posting 37

application that allows users across the globe to post content to thousands of viewers. One of my 38

board members from MSIG told me I was crazy. He said, “You and I aren’t social media people; 39

we’re engineers and contractors!” But I’ll stand by that choice. I’ve already improved things at 40

Little Bird Word, even if the shareholders can’t see it yet. 41

Enough about me, I’m now going to move into the horrible events that I have been 42

accused of. I have read through the State of Midlands’s indictment of me. Everything in there is 43

just lie after lie. The State has nothing to show that the criminals who committed this heist ever 44

ended up in the same room at the same time. And obviously, any evidence presented by the State 45

is soiled by the presence of Agent Shar Burke in this investigation. Any evidence pointing to me 46

was clearly put there by the touch of a hand of Burke or one of Burke’s minions. Burke isn’t 47

even a state investigator, so why are they even involved in this investigation? I’ll get more into 48

my history with Burke later though. 49

To really understand my saga, we have to go back, all the way back to when this all 50

started on November 10, 2021. You see that was the day where I was selected to be one of the 51

committee chairs for the annual Sohi Children’s Hospital charity gala. It happens every year on 52

Halloween. I was very honored to be selected. I won’t get into too much detail here but suffice it 53

to say that I had a relative of mine that I am very close with who had to use the services of the 54

hospital when they were in their teenage years. I was grateful to be chosen for a charity so close 55

to my heart. That plus the fact that this is one of the best and most prestigious charities to be 56

involved with in all of Midlands (and really this whole section of the US) really lit the fuse 57

within me to make this an event that everyone in the world would remember. 58

I know that Cyprus Cosmos is a witness that the State may use against me. Cyprus and I 59

have run in similar circles pretty much our whole lives. I don’t know Cyprus that well though. 60

We see each other at events and things like that, but I would not say that we are friends. I may 61

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have had Cyprus on my yacht a time or two with several other people. I also may have started a 62

business venture that might not have worked out with Cyprus. Honestly, I don’t remember. I do 63

so much business all the time that it’s hard to keep everything clear. Working with Cyprus on the 64

gala was exhausting. Cyprus has always been jealous of me, my success, and my family. So, 65

Cyprus won’t hesitate to take any chances to take me down. Anyways, I was put in charge of 66

collecting all the items for auction and determining the aesthetic of the event. This was a difficult 67

and lengthy process because there really was a chain reaction of countermoves needed any time I 68

tried to secure specific pieces for the auction. People in our circles really don’t like to give up 69

their fine items. This process took me months of negotiating and telling my personal story of 70

why Sohi Children’s Hospital was so important. It probably took me until July of 2022 to get 71

every single piece I wanted to be at the auction that night. 72

One of the real coups I was able to pull was getting Bancroft Estates to allow the display 73

of two of their Berthe Morisot paintings. Morisot, in my humble opinion, is the best of the 74

French Impressionist movement—if not the most skilled artist in the world to ever exist. If you 75

take the time really to assess her work, you’ll see that she is able to solve the equation of lines, 76

composition, and color in a way that makes you feel something about her subjects. I remember 77

Cyprus telling me that I would never be able to get Bancroft Estates to allow those to be present 78

at our gala. I would never have asked Bancroft Estates to auction their paintings, because they 79

just don’t sell Morisot paintings—which I know from a previous experience trying to buy the 80

exact paintings lent to the charity for the 2022 event. The only group to hold more Morisot 81

paintings than me was Bancroft Estates, and their security was so tight that the paintings could 82

rarely even be seen. I knew that the only way for those paintings to be out in the open—for the 83

members of the public to see of course—was at this auction event. However, I knew, and I told 84

Cyprus, that I had the checkmate. I offered to display one of the Morisot paintings from my 85

personal collection to show how secure I felt the facilities at our chosen venue were. Cyprus was 86

quite annoyed when I pulled it off. I remember smiling at Cyprus after I told the board about the 87

deal I struck and saying, “It was a deal I couldn’t lose.” 88

The location of the event was something that I strongly pushed for: Miller Tower. What 89

Cyprus proposed for the location was laughable. It had no security and would not provide our 90

donors the peace of mind required for them giving up their valuable items. If Cyprus’s proposal 91

had been chosen, then my plan for the gala would not have worked. So after Miller Tower was 92

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selected over Cyprus’s pick, I went up to Cyprus and said, “I told you none of it was accidental. I 93

worked every member of the board to make Miller Tower the choice. And from even the first 94

night that you saw me at the board meeting, nothing was gonna stop me. I laid every single piece 95

of the groundwork to make this happen.” Then Cyprus responded, “And then what? Just like 96

clockwork everyone just listened to you? The pieces all just – the dominoes all just cascaded in a 97

line? No one is that good.” Then I jokingly said, “I do this for a living. What if I told you I’m a 98

mastermind when it comes to getting what I want.” After the location was set, the date was 99

obvious: the event is every year on Halloween. That was a bit awkward since Halloween that 100

year fell on a Monday, but the people who come to this event are very devoted and attend every 101

year regardless of the day the event falls on. 102

One of the main reasons why I pushed so hard to use Miller Tower was the incredibly 103

strong security measures. I must admit that I was slightly biased in pushing for this building 104

choice. The vault for Miller Tower is very unique in that the vault is on the top floor of the 105

building. And now I know what you’re thinking, who puts a storage vault up on the top of a 40-106

story building? Well, there are many security advantages to that. For one thing, it makes getting 107

to the vault very difficult for criminals. Instead of tunneling in through the ground or being on 108

the very bottom floor of the building, criminals would have to make it up and down all 40 flights 109

with all the loot without being caught by building security. Now, the building also had a helipad 110

on the roof, so there was the potential for some truly daring and tenacious thieves to access the 111

building via helicopter, which I heard on the news was what happened in this case (but I knew 112

that that was a major weakness of the vault many years before the charity gala on October 31, 113

2022). 114

The difficulty of having a super secure vault up that high was the installation. What 115

company in their right mind would help with such an installation? Mine. MSIG is known for 116

being able to do the impossible in impossible situations. So, when my company was asked to 117

install that vault, we did it. And it was all by design, to the exact specifications of the zany 118

architect who designed the building. The vault that my company installed was the Mach 10 119

Titanium (or the M10T for short). While I was involved in the negotiations to get the contract for 120

the project and to make sure the project was running on time and on budget, I was not heavily 121

involved in the actual design of the vault itself. I delegate things like that to my employees. 122

While I’m perfectly capable of understanding and coming up with designs like those for the 123

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M10T based on my high IQ and engineering background, I’m much more valuable in other 124

ways. Because I’m a mastermind at making the business deals. I don’t weigh myself down in the 125

details of any specific product/service MSIG provides—unless they are needed for me to sell the 126

deal better. And to be honest, the Miller Tower builders wanted to know a lot about the vault, so 127

by the end of that deal I knew a lot about the vault specifications. The vault started installation in 128

May of 2021 and was complete by March 2022. And from what I can tell from the reports of 129

Detective Kit Bahmani and Agent Burke (both of which I have read thoroughly and know like 130

the back of my hand), the actual security in the vault did not fail. It was by-passed by the 131

cunning thieves who used the only fallible element of the security at Miller Tower: the human 132

guards. So the vault’s integrity, and by extension MSIG’s technology, has never been called in to 133

question despite all the buzz around the heist. 134

And you see, the human guard component of Miller Tower’s security was the thing that 135

gave me pause about choosing it for the gala. All the wisest security people—including men, 136

non-binary people, and women—recommend to me a full examination of the security protocols 137

before the event. They recommended I speak with the head of security, review camera 138

placements, examine key card access, and any weak points in the security. They said I had to do 139

it this way because we were risking a lot by having these high-priced items all together in one 140

place. So, that’s exactly what I did. I reviewed all the security protocols for Miller Tower. I 141

spoke with the security guards regularly in the weeks leading up to the event. Honestly, I feel 142

like I was born to be a security professional, even though I have no experience in combat or in 143

security itself, I’m great at finding the weaknesses in a security system. I see the unprotected 144

pawn in every situation and know how to exploit or fix that hole in the system. Really, security is 145

a chess lover’s game. A few weeks before the event everything seemed to be falling into place. 146

Around October 1st, during one of my security walkthroughs, I was talking with Emory 147

Sands about the Miller Tower security. Sands seemed competent enough at their job, though 148

Sands kept complaining to me about how underpaid Sands was. Sands showed me all the 149

cameras that were installed on the 40th floor, including those in the secured area. I asked Sands if 150

we could go up onto the roof to check that out—I had been on the roof before when my own 151

helicopter had landed there several times in the years prior for various events at Miller Tower. 152

Sands said that Sands would prefer not to because Sands was afraid of heights. I explained the 153

importance that I be able to tell our big-ticket item owners about the roof’s security. As I said to 154

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Sands, “If you fail to plan, you plan to fail!” Sands still looked pretty terrified at the idea of 155

going up there, so I tried a new strategy and said, “Why don’t you get me a security key card for 156

the roof and I can just go up there by myself. Ya know? Really get a good look so when I talk to 157

the big-ticket item owners I can give them something that really sets the scene for them.” Sands 158

said that doing that would be against protocol, but Sands would do it because Sands trusted me. 159

Sands and I then went to the security office and made a copy of a new key for me to use. 160

I don’t know what happened to that key. I used it to get to the roof and back down, but I don’t 161

recall where it went after that. That’s the tale as old as time for me though. I’m always losing 162

things. My assistant says I am a nightmare. The wind on top of the roof was pretty strong. But 163

everything looked the same as when I had landed in our helicopter before. I remember the wind 164

being just free flowing in each of those instances too. I honestly felt like I could have been 165

hanging from the sails of a ship it was so windy. It told me that anyone who would need to land 166

here would have to be pretty experienced—which is something I know since I have my 167

helicopter pilot’s license. I had just gotten it about 6 months before I was on the roof examining 168

the security. Those instructors at Koller-Campbell Air really knew what they were doing—at 169

least until they went out of business due to that lawsuit. Anyways, on the roof, I noted all the 170

security measures, including all the cameras I hadn’t noticed on my last trips. 171

Later in October, as we were getting closer and closer to the event, I remember things 172

going pretty smoothly. And everything really felt like it was falling into place, except for when 173

Cyprus had some sort of issue with the liquor in our cocktails that was easily resolved by 174

changing vendors. Other than that, everything was on track for the night of the gala to be a 175

success for everyone involved. I knew a lot of money would be made that night. 176

Unfortunately for me though, something came up that prevented me from attending the 177

gala. What I am about to say here could get me in some hot water with certain individuals, but if 178

I told you that me missing the gala was not entirely accidental without telling you why I missed 179

it then I would look far more guilty than simply admitting where I was. This is going to sound a 180

bit ridiculous, but I am part of an underground MMA group for a select few. All involved signed 181

binding non-disclosure agreements so I cannot discuss details, but I can give you the broad 182

strokes. After fighting my way through every competitor, including a certain executive at a 183

certain other social media app, I emerged with a championship belt. 184

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Overall, it’s a pretty intense competition set up. Real gladiatorial combat type stuff. Some 185

of the challenges you get put through are really tough. And the first night that I competed was a 186

real blood bath—a pretty intense, as it were, running of the gauntlet. I have a number of scars to 187

show it—which I won’t get into now, but they are there. The location and times of the fights are 188

not known well in advance. The one set for that fiscal quarter ended up falling on the date of the 189

charity gala. While I really wanted to be at the gala that night, the people involved in these fights 190

are no joke. So, I had to go to the fight in New Zealand. And as you likely know from the police 191

reports, and even Agent Burke had to admit, people saw me in New Zealand on the night of the 192

heist. My passport was stamped and everything. Though to go without somehow mentioning my 193

involvement, I lied to the people on the planning committee and said I had a sick family member 194

I had to deal with on that night. What else was I supposed to do? I knew I wanted to be at the 195

gala, but I had no choice but to miss it. While your interest in what I did there that weekend is 196

probably waning, I will say that I won my fight that night—though my body was pretty beat up 197

after. 198

I found out about the fight around October 17 and that’s when I laid the groundwork to 199

make sure I could miss the gala without problems and then I could spend all my free time 200

training. The security seemed to be going well though, just like clockwork. It seemed like all the 201

dominoes were set up and if the rest of the committee and the security folks would just have 202

made sure to do their parts everything would have cascaded perfectly in a line to make a 203

successful event. I left for New Zealand on my private jet around 8pm on October 30, 2022, and 204

I had no idea, just like everyone else, that the gala auction would be the target of those devious 205

thieves. 206

I returned to Santa Ivo on November 4, 2022. Of course, by then I had heard the news 207

about what had happened at Miller Tower. It was such a shock. To think how daring those 208

thieves were and how all those high-ticket items had been stolen. My own Morisot was one of 209

the paintings stolen. I was outraged that the Miller Tower security guards had not been able to 210

protect the valuables they were charged with. I started calling all of the auction item owners to 211

help calm them down. I even talked with them about getting one of my law firms to begin filing 212

suit for negligence against the security company for negligent storge of our items. But then on 213

November 5, 2022, I got a call from Agent Burke. Burke has had a vendetta against me for many 214

years now. Burke called me up on the 5th and said, “What if I told you I’m on this helicopter 215

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heist now? I know that you did this. You’re a mastermind and this is exactly the type of job that 216

you would pull.” I told Agent Burke that I didn’t know what Burke was talking about. Burke has 217

accused me in the past of being a part of other flashy and daring heists even though there hasn’t 218

been a lick of evidence to support those accusations. Burke then went on to say that “This crime 219

scene isn’t as clean as your last few. There was blood from one of the crew members at the 220

scene. And now you’re gonna be mine.” Burke continued to accuse me of the crime saying that it 221

was all my design. While the conversation was quite amusing—given that Burke has harassed 222

me about this for years without any ability to find me guilty of any crime whatsoever—after 223

Burke went on for a good three-minute diatribe, I just hung up. Any time Burke tried to contact 224

me directly after that, I informed Burke that my lawyers would be doing the talking. That made 225

those phone calls stop. I guess lawyers are good for something after all. 226

I thought everything had died down when I hadn’t heard anything from either the 227

detective in charge of the case or Agent Burke. But in February 2023, Detective Bahmani and 228

Agent Burke showed up on my front steps with a warrant to search my home. When I displayed 229

my outrage for this blatant and illegal invasion of my home, I asked Det. Bahmani “Is this 230

because Burke thinks I’m a mastermind of some sort? You know Burke has been harassing me 231

about this nonsense for years and is just out to get me.” When I said that, Bahmani looked a little 232

alarmed and fidgeted around as if they were nervous based on what I just said. But then Bahmani 233

said, “we have the evidence to support the warrant. You have an issue with the underlying 234

evidence? Take it up with the courts.” Then the police, including Agent Burke, started ripping 235

apart my home. 236

One thing to know about me is that I have very particular architectural tastes. No one 237

wanted to play with me much as a little kid and I grew up in some drafty and strange old houses. 238

When I happened across a real-life secret passageway and room one day when other kids were 239

picking on me, I felt like I had found home. As I grew older, I learned about things like 240

prohibition tunnels and speakeasys. I’ve been scheming like a prohibition-era criminal ever since 241

to make each of my homes have these secret rooms and passageways. Of course, Agent Burke 242

was the first one to find one of these hidden rooms and acted like it was the find of the century. 243

Burke said, “they’re going to love me down at the office. And really, De la Porta, having a cache 244

of stuff like this, you make it seem effortless to catch the criminals like you.” I didn’t know what 245

Burke was talking about but then I saw Burke pointing to the bag of cell phones that I kept there. 246

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I collect old cell phones so that I can test out MSIG’s cell phone jamming tech and other 247

technology I can’t disclose here. One of the cell phones Burke pulled out said “Miller Tower” on 248

the back. While the cell phones in that bag were generally mine, I swear Burke planted the Miller 249

Tower one! I would never use something as tacky as a label maker to label my phones. I later 250

learned that the phone they found had supposedly called two people known to be a part of the 251

heist crew from the helicopter heist. I don’t know how Burke got the phone of whoever was 252

communicating with those people, but it wasn’t mine! At that moment I called my lawyer and 253

told her to meet me at my home to help with the police. 254

Later on, in the search, Det. Bahmani discovered my hidden Morisot appreciation room. 255

Now, I know what was found in that room looks bad for me, but there is a perfectly logical 256

explanation. This is the first time I’ve felt the need to confess, but I will admit that the Morisot 257

that I provided for the gala as well was the two lent to us by Bancroft Estates were hanging in my 258

Morisot appreciation room. However—and I swear—I was not the one who stole them! Shortly 259

after the heist happened, I was quite bereft about the loss of such wonderful Morisot works. So, 260

with my knowledge of dark web stuff through some MSIG contracts that I can’t get into the 261

details of for purposes of national security, I began searching to see if I could find the works 262

through less than legal channels. And long story short, I did. So, I purchased those items and had 263

them placed in my home. I would provide more detail here, but I’m only being cryptic (and 264

maybe a bit Machiavellian seeming) because I care about protecting some of our most well-265

guarded cyber security secrets. So, as I told you, me having the paintings, well none of it was 266

accidental but there is nothing I can do to show exactly how I got those paintings. I have no 267

records of receipts or anything like that. Really this is just a crime of MSIG being so good at 268

what we do that I can’t explain how I got them back without revealing top secret information. 269

And maybe I should have returned the Bancroft Estates Morisot paintings the first night that I 270

found them, but you know me. As soon as I saw them for sale, I knew they were for me to keep. 271

And nothing was going to stop me from adding those two paintings to my collection and making 272

it the most complete collection of Morisot paintings in the world. I just couldn’t pass up the 273

opportunity to have those two from Bancroft Estates. Plus, Bancroft Estates keeps those 274

paintings so locked down. It was time for them to be somewhere where they could be 275

appreciated! If I am guilty of anything, it’s being an art lover. 276

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I believe that the police have no actual evidence tying me to this crime and I believe that 277

soon their incompetence will be shown. I’ve seen all the evidence they have, and it doesn’t prove 278

anything. There is a reasonable explanation for everything they have provided: 279

Exhibit 1 is the invitation to the gala. Exhibit 2 is the brochure showing all the items up 280

for auction at the event. These are both true and accurate. I laid the groundwork for this event to 281

take place. And then, I have to admit I saw myself wearing a wide smirk when I saw these on the 282

exhibit list. You’re are crazy if you think these exhibits on their face prove anything about me 283

being involved in the heist. 284

Exhibits 14, 15, & 16 are the call logs between the phone Agent Burke supposedly found 285

in my home that said “Miller Tower” on the back. I have no reason to dispute that the calls were 286

placed between that cellphone and the cellphone numbers listed in the call log. However, the 287

“Miller Tower” cell phone is not mine. 288

Exhibit 17 is the FBI profile that Agent Burke had developed, and it is something I have 289

seen before this case. Burke has shown me and my attorneys this profile several times before. 290

While the person or persons who have committed those crimes seem incredibly intelligent and 291

have quite the flair for dramatics, nothing in that profile shows that I am the one who committed 292

any of those crimes. Also, those are all past crimes that can’t even be linked to me. So is that 293

even important? I remember Agent Burke asking me after the Miller Tower heist at some point 294

“You knew that you would get caught right? You couldn’t think you could get away with this the 295

entire time, did you?” I didn’t even dignify that with a response. 296

Exhibit 3 & 4 are the schematics for the 40th floor and the roof of Miller Tower, 297

respectively. Now, I was familiar with a prior version of these schematics from when we were 298

installing the vault on the 40th floor. That prior version didn’t show the camera placements. 299

However, everything else (such as the room placement, doorways, etc.) looks exactly the same. 300

From my review of the building security in the lead up to the gala, I can confirm that the cameras 301

as shown on this schematic match up with the security that was in Miller Tower in the weeks 302

before and on the night of the heist. 303

Exhibit 18 is an article about MSIG’s installation of the M10T vault at Miller Tower. All 304

the information within it is accurate to my knowledge. 305

Exhibit 19 is an article containing an interview I gave to Santa Ivo Tech’s alumni 306

newsletter. All the information within it is accurate to my knowledge. 307

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Exhibit 11 is a picture of a red RFID key fob. The police found this key fob at my home 308

and reported that it opens the door for Unit 322 at Ivy Lane. I have no explanation for how that 309

got into my home. I know that the police have a witness saying I was at Ivy Lane at some point 310

before the day of the heist. I can’t say for certain whether I ever went inside the Ivy Lane 311

building before. I don’t remember going there in the time before the heist, but I guess it’s 312

possible. I don’t know how I have a key fob for one of the specific apartments. The police 313

reported the someone named Blaise Nova identifies seeing me with this red key fob. I don’t 314

know who this Blaise Nova is. Such a weird name. I have never met the person before. Or maybe 315

I have? I mean, people are always trying to get my attention on the street. I am quite easily 316

recognized in the city. So perhaps I ran into them somewhere around Santa Ivo. 317

Exhibits 25 and 26 are photographs of two different people: Poe Cameron (Exhibit 25) 318

and Memphis Rayne (Exhibit 26). I recognize these people from the news. They were found to 319

be involved in the Miller Tower heist by the police. I understand that the police have connected 320

the people in these photos to the phones that supposedly called the phone found in my house as 321

shown in Exhibits 14 and 15 above. I have no reason to dispute that these people were tied to 322

those phones. I also can’t say whether I have ever seen these people before. I meet a lot of 323

people. I may have seen them at some point in my life. But I did not enter Miller Tower with 324

them and steal anything from the vault. Such a proposition is ludicrous. 325

Exhibit 5 is the key card that Emory Sands gave to me to look at the roof. I lost that 326

shortly after I visited the roof in early October. I know the police found it at the site of the heist. I 327

remember having it with me when I left Miller Tower on the day Sands gave it to me. So, I have 328

no idea how it ended up back in Miller Tower. 329

Exhibit 31 is the video footage of the Miller Tower heist. My attorneys showed me the 330

section of Detective Bahmani’s report that contained Detective Bahmani’s personal notes 331

describing the Miller Tower heist video footage. I have also reviewed Exhibit 29. And while I 332

hate to admit it, Detective Bahmani’s report notes and Exhibit 29 accurately described what 333

happened in the video footage as far as I was able to tell. Of course, seeing Cyprus engage with 334

the waitstaff and show Cyprus’s true colors was quite the treat. However, the beating of Emory 335

Sands was disturbing. I would never condone such actions or behavior. Sands was a great person 336

and didn’t deserve anything like that. Only a real brutish person would act in such a way. 337

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Finally, I know that the police claim to have my fingerprints and DNA inside one of the 338

apartments. Clearly this is a mistake. I don’t know anything about DNA or fingerprint matching, 339

they are too much of a soft science for me to care. But clearly the science underlying them is 340

wrong if they found a match to me. I don’t even remember being in Ivy Lane, let alone in Unit 341

322. 342

I swear or affirm the truthfulness of everything stated in this affidavit. Before giving this 343

statement, I was told I should include everything that I know may be relevant to my testimony, 344

and I followed those instructions. I know that I can and must update this affidavit if anything 345

new occurs to me until the moment before opening statements begin in this case. I will note 346

again that this affidavit was made against the advice of counsel, and I believe that it makes 347

everything clear. I soon expect the police to drop the charges against me once they see how 348

rational my explanations are. 349

350

____________________________________ 351 /s/BERKLEY F. DE LA PORTA 352

353

Duly Subscribed and Sworn By Me: 354

355

____________________________________ 356

/s/B.F. GATES 357

Notary Public 358

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ADDENDUM TO AFFIDAVIT OF BERKLEY F. DE LA PORTA 359

I was recently informed of the FBI and SIPD’s failure to keep their electronic storage 360

secure. I guess they lost everything, including the footage in Exhibit 31 that I watched earlier. 361

You would not believe how shocked I am to learn of this development. I knew that the SIPD and 362

the Feds were wrongfully accusing me and saying that I’m a mastermind of heists. And now 363

this? Who would have thought that the SIPD and FBI would have fallen for something as 364

rudimentary as a phishing malware attack? When I heard that from my lawyers, I said, “You’re 365

kidding right?” If only there was a company of mine that SIPD and the DOJ could have 366

partnered with approximately 5 years ago to prevent such types of attacks. Yeah, all you haters 367

out there really thought Berkely was going down for this crime. But it’s a real shame that our 368

competitor that SIPD and the Department of Justice hired to protect their evidence servers had 369

that hole in their coding. Guess that’s what you get for always choosing the lowest bidder. 370

Now their case is even weaker, and do you know what I did once I heard about the 371

attack? All I did was smile. Don’t even get me started on that terribly biased Agent Burke. But I 372

knew this malware attack would finally expose the SIPD and Agent Burke’s incompetence. I’m 373

not saying I have the knowhow to create the malware attack that was used on the SIPD’s system, 374

because I’m not sure if I do anymore. It’s been a while since I worked on programming. But 375

clearly whoever did that is really a mastermind. 376

Regardless, before the police start accusing me of things I didn’t do again, I figured I 377

would update my affidavit just to make it clear that I had nothing to do with the attack (and that I 378

am again making this statement against the strenuous—and annoying—advice of counsel). 379

380

____________________________________ 381 Date: August 13, 2023 /s/BERKLEY F. DE LA PORTA 382

383

Duly Subscribed and Sworn By Me: 384

385

____________________________________ 386

/s/JACKSON KUNDE 387

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I. Report of Investigation of Agent Shar Burke 1 Written: April 17, 2023 2

Special Agent, Art Crime Team 3 Federal Bureau of Investigation, 4

935 Pennsylvania Avenue, 5 Washington, D.C. 6

Background Information 7 8 I am Agent Shar Burke. I serve as a senior special agent for the Art Crime Team of the Federal Bureau of 9 Investigation (FBI). I am based out of the FBI’s Washington D.C. Field Office. 10

I joined the FBI as a special agent in 2006 and was assigned to the Violent Crime Squad in Boston. As 11 part of the Violent Crime Squad, I served on 14 high-value robbery investigations from 2006-2016. In 12 2016, I was promoted to senior special agent and deployed to Iraq as part of counterterrorism efforts to 13 recover Near Eastern antiquities and artifacts plundered by the Islamic State of Iraq and the Levant 14 (ISIL). Following the successful recovery and repatriation of approximately $49 million worth of 15 historical artifacts to the Iraq National Museum over a two-year operation, I returned stateside, where I 16 was relocated to Washington and assigned to the Art Crime Team. 17

The FBI’s Art Crime Team was established in 2004 with the mission of developing a rapid-deployment 18 team that could investigate the looting of the Baghdad Museum following the Iraq War. It is housed 19 within the FBI Criminal Investigative Division’s Transnational Organized Crime Section. Since its 20 inception, the Art Crime Team has recovered more than 20,000 objects valued at over $900 million. 21

It is difficult to paint a clear picture, statistically speaking, of the scale and impact of art crime. The 22 transnational phenomenon spans forgeries, fakes, money laundering, illicit trafficking, illicit excavation, 23 cultural spoliation, theft, and looting — and can be intertwined with other forms of organized crime, such 24 as drug smuggling and arms trafficking, as well. An annual report released by the International Criminal 25 Police Organization (Interpol) indicates that in 2020, the organization’s 72 member countries seized a 26 whopping 854,742 cultural objects including paintings, sculptures, numismatic items, archaeological 27 artifacts, and library materials. But Interpol’s seizure count pales in comparison to a more speculative 28 number released in 2020 by the United Nations Educational, Scientific and Cultural Organization 29 (UNESCO), which estimated that the illicit cultural property trade is worth $10 billion annually. 30

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The 24 special agents assigned to the Art Crime Team are responsible for any case of stolen art within 31 federal jurisdiction. These cases usually involve stolen art that has traveled across state lines or was stolen 32 from a museum. Cases come to the FBI in two ways. First, through local police departments, who act as 33 our partners in the investigation. Second, the FBI receives tips from the public or from a network of 34 confidential informants. This network of informants gives us an edge in pinpointing sales of stolen art 35 since art theft is not perpetrated by your average thief and stolen art is not sold to your run-of-the-mill 36 fence or pawnbroker. 37

Special agents serving on the Art Crime Team must undergo extensive specialized training. Agents are 38 trained not only in styles of art, the vocabulary of art, and art history, but also in the business of the art 39 world. Agents in the field are specialized in tracking and investigating market trends and often identify 40 stolen art just as it is coming back into the marketplace. Agents receive extensive training in art handling, 41 authentication, curation, conservation, and analytical techniques, both from a historical and a scientific 42 perspective. Agents are also experts in experts. Behind the Art Crime Team is a network of dozens of 43 subject matter experts in the art world who we turn to depending on artist or medium. Additionally, over 44 the course of several decades of art theft investigations, the Art Crime Team has also cultivated a network 45 of trusted art buyers, traders, and industry insiders who act as confidential sources of information during 46 investigations. 47

Alongside the aforementioned specialized training in art crime investigations, I have also received 48 training in various cybersecurity investigative methods. I have received Certified Information Systems 49 Security Professional (CISSP) and Certified Network Security Investigator (CNSI) certifications 50 following a month-long cybersecurity training with the FBI Cyber Action Team. I have also appeared as 51 an expert witness in art crime investigations in four cases, and my expert testimony has been accepted by 52 the court every time. In each of those four cases, I have offered testimony for the prosecution. In this case, 53 the Bureau did not authorize any subpoenas to have me appear and testify as a witness at trial as is typical 54 protocol when a federal agent is requested to appear in state court proceedings. If called at trial, I will be 55 taking personal PTO days to offer testimony and will testify voluntarily. 56 Initial Involvement with Miller Tower Heist 57 58 On November 2, 2022, I was approached by my partner, special agent Michael Rogers, with the video 59 footage of an art theft in Miller Tower, Santa Ivo City, Midlands. Rogers did not inform me where he 60 obtained the footage from, but it is not unusual for local and state law enforcement agencies to contact the 61

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Art Crime Team with evidence of art theft. Upon reviewing the footage, a few things immediately stood 62 out to me as notable: 63

● The thieves appeared to be a party of some means. They were organized in their movements and 64 seemed to have a common plan. They were able to acquire and arrive in a private helicopter to 65 perform their initial infiltration of Miller Tower. Most common robbers, in my experience, do not 66 possess the resources to obtain such means of transportation. 67

● Upon exiting the helicopter, one of the three thieves clearly held a key card in their hand as the group 68 approached the rooftop stairwell door. The thief holding the key card attempted to use it to access the 69 electronic control panel of the stairway access point on the roof of Miller Tower. The thieves were 70 admittedly unsuccessful in using the key card and had to resort to physical means to get the stairwell 71 door open. Yet the fact that they had a key card, and seemed to believe it would work on the control 72 panel, was notable in and of itself. 73

● The thieves possessed a cell jammer. The use of jammers to block cell signals and radio 74 communications is highly regulated by federal law and suggests a degree of sophistication on the part 75 of the thieves. A degree of sophistication which was inconsistent with the thieves’ other various 76 blunders, like their failure to successfully operate the rooftop access door via the key card, and the 77 fact that one of the thieves dropped his or her firearm and engaged in a physical altercation with the 78 security guard. This suggested the possibility of an outside planner to me. 79

● The thieves were never truly visible on the security camera feeds for the roof, hallways, and vault 80 without their masks. They appeared to place themselves away from camera positions and wore masks 81 while inside the vault. Their movements seemed to indicate they were aware of the locations for all of 82 the security cameras. 83

● The thieves had prior knowledge of the dress code at the event at Miller Tower, given that they were 84 able to alter their clothing to blend in with the crowd prior to making their exit. 85

After making these initial observations, I knew immediately who the perpetrator was. It was a criminal I 86 had been searching for the past five years, to no success. This criminal, who was responsible for five 87 other art thefts, was dubbed “The Morisot Mastermind” by the FBI. This criminal usually went after high-88

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profile targets (like the auction at Miller Tower), and usually targeted unobtainable pieces of art made by 89 the artist Berthe Morisot. Furthermore, every Morisot Mastermind theft suggested insider information, 90 including the thieves seemingly aware of camera positions, and having knowledge of access codes and 91 passes even though the security systems were installed by different companies. All of the similarities 92 between the prior Morisot Mastermind heists and the October 31st heist made it obvious that the Morisot 93 Mastermind was behind the Miller Tower heist as well. 94

Upon finding my old nemesis had once again reared their nefarious head, I leveraged my law enforcement 95 contacts in Midlands to discover the name of the investigator in charge of the Miller Tower investigation, 96 Detective Kit Bahmani. I gave Det. Bahmani a call on November 2, 2022, and explained my suspicions. I 97 informed Det. Bahmani of the sophisticated nature of the Morisot Mastermind and told them the 98 Mastermind was likely not among the thieves but controlling the theft from behind the scenes. While they 99 were initially reluctant to cooperate, I was able to convince Det. Bahmani that we were after the same 100 suspect by detailing how the thief only targeted Morisot paintings. I did not know if the Miller Tower 101 heist featured any Morisot paintings at this point, but I decided to stand by my initial suspicion. It was at 102 this point that Det. Bahmani informed me that among the numerous artifacts stolen from Miller Tower 103 were three priceless Morisot paintings, including “Dans les Terres du Millieu.” Two other Morisot 104 paintings and other valuable artifacts had also been stolen from the vault. Taking artifacts not made by 105 Morisot did not fit the pattern established by the Morisot Mastermind in any of their five prior heists, 106 where they exclusively targeted Morisot paintings. But given the similarities between the five prior thefts 107 and the theft at Miller Tower, I stood by my hunch that the Morisot Mastermind was the perpetrator of the 108 Miller Tower heist and offered my expertise to Det. Bahmani. They told me I could shadow the 109 investigation in exchange for offering FBI resources, and I booked a flight to Santa Ivo City immediately. 110 Investigation into Miller Tower Theft 111 112 My initial step upon arriving in Santa Ivo City was to try and locate any underground markets for stolen 113 artwork or jewels in the Santa Ivo city limits. But my investigation failed to uncover any leads. Santa Ivo 114 City appeared to have no trace of any active organized crime syndicates. On November 15, 2022, Det. 115 Bahmani informed me of several breakthroughs in the case. The Santa Ivo Police Department had 116 collected blood evidence from the scene of the theft, which matched a known felon named Memphis 117 Raynes. Blood was also identified on a Halloween mask that was collected from the alley next to Miller 118 Tower. However, the blood did not match anyone in the Midlands criminal database. I was provided a 119 copy of Det. Bahmani’s written summary of the October 31, 2022 Miller Tower security footage. Det. 120

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Bahmani’s summary of the security footage accurately depicts the footage that I watched. The FBI’s copy 121 of the Miller Tower security footage was stored on our server. 122

On December 3, 2022, Det. Bahmani gave me a call and asked me to meet them at an apartment building 123 called Ivy Lane at 1 PM. Upon arriving at the building, I was informed that Raynes had rented an 124 apartment at the building. Det. Bahmani and I questioned the property manager, Blaise Nova, about the 125 apartment in question, and Nova provided us with a lease agreement signed by Memphis Raynes for 126 apartment 322 from August 9, 2022 to November 9, 2022. Nova also confirmed that Raynes’s sibing, Poe 127 Cameron, had been seen at the apartment and had even engaged in a conversation with Nova. Based on 128 the possibility that there might be additional forensic evidence located inside the apartment, Det. Bahmani 129 called a forensic technician to perform a sweep of the unit, which commenced at 2:10 PM. The search 130 took approximately one hour and yielded several items, including unwashed silverware and china, linens 131 and towels, and all the garbage for the unit. I left Det. Bahmani to oversee the garbage collection and 132 review, and I left the scene to report back to the Art Crime Team. 133

By December 15, I knew, based on the patterns established by previous Morisot Mastermind heists, that 134 we had a limited amount of time to intercept the stolen art before it was sold to a buyer. According to 135 what we knew from the prior Morisot thefts, the artwork was usually sold within 60 days of the theft to a 136 buyer within the state, typically in auctions over the dark web. Based on these factors, speed was of 137 absolute importance to corner the thieves before they sold the paintings and vanished. 138 The FBI Art Crime Team regularly collaborates with the FBI’s Cyber Action Team, Cryptocurrency 139 Enforcement Team, and Virtual Currency Teams to track sales of stolen artifacts across the dark web. 140 Following standard procedure, I utilized all of those collaborative resources in this case. While dark web 141 investigations take a significant level of inter-agency cooperation, it is important to note that for the most 142 part, FBI teams execute individual dark web strategies containing various degrees of overlap and 143 comprehensiveness, without an overall coordinated agency-wide dark web strategy. While this means that 144 the FBI does not possess a uniform set of operational guidelines with regards to dark web investigations, 145 it leaves individual teams a great level of discretion and flexibility in crafting such investigations. 146

Keeping those factors in mind, our goal was to craft a dark web digital forensic investigation which would 147 not only isolate the auctions we were looking for, but also give us enough information to track down the 148 identity of the Morisot Mastermind. Our investigative methodology was driven by trial and error. The 149 greatest challenge the Art Crime Team faced in locating the Morisot Mastermind’s identity up until the 150

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Miller Tower investigation had been narrowing our search to the correct auction for the stolen art. In my 151 experience, following high profile art thefts like those perpetrated by the Morisot Mastermind, dark web 152 marketplaces are flooded with replica artwork or scammers attempting to exploit the theft. These so-153 called “copy-cat” auctions have, in the past, caught investigators off guard and left us unable to pinpoint 154 the actual auction in time. To that end, I devised an investigative protocol for this case that would offer us 155 accuracy on an expedited timeline. 156

Setting Up Digital Sting Operation 157 158 The first step of the investigation was narrowing the scope of our search. The dark web is a sub-section of 159 the internet which is not indexed by any search engine. It is hidden by design and requires special 160 browsers to access. The size of the dark web is impossible to truly map, given that it is completely 161 unregulated and hidden. This naturally presents a unique set of challenges to finding one specific sale 162 among thousands of illicit marketplaces. 163

To aid in our narrowing efforts, I asked every Art Crime Team special agent to put out a call to every 164 contact they had within the Midlands arts industry. Once again, Agent Rogers came through, providing 165 me with the contact information for a grey market art dealer who frequently acted as a middleman for 166 wealthy purchasers in illicit art purchases. Agent Rogers informed me that his contact had never served as 167 an informant before, but the contact was willing to offer information in exchange for immunity in an art 168 forgery case they were being prosecuted for. I asked Agent Rogers to set up a meeting between myself 169 and the contact as soon as possible. 170

On December 21, 2022, I met with Agent Rogers’s contact, who confirmed the details of the art forgery 171 case they were being prosecuted for. I informed the contact that while I was not authorized to make any 172 deals, I could plead their case to the District Attorney, if their information proved useful. The contact 173 agreed. They showed me a business card they had received a week before the Miller Tower theft. The 174 business card contained an IP address and a password. The password was MillerMorisot103122. The 175 informant indicated that they had spoken to several other grey and black-market traders around Midlands 176 who had received similar cards in the week preceding the theft. The specific details of the password, 177 including the date of the heist, suggested to me that there was a strong possibility that this was the auction 178 we were looking for. 179

Revised 8/27/23

Digital Sting 180 181 The presence of a specific IP address and password being required to access a marketplace once more 182 suggested a high level of sophistication on the part of the Morisot Mastermind. Most users who access the 183 dark web will do so using The Onion Router, or TOR, the most commonly used darknet browser. Many 184 sites on TOR are given a random URL which ends in .onion, and TOR will divert user traffic through 185 multiple nodes on its way to the client, making files somewhat difficult to trace. However, to a 186 cybersecurity professional, activity on TOR can still be traced, with the biggest vulnerability of the 187 browser being the point where information travels between the exit node and the destination site, which is 188 an unencrypted area. To circumvent this security risk, one might use a peer-to-peer (P2P) model of 189 encrypting information, which offers additional security safeguards than the TOR protocol. The 190 requirement of an IP address, password, and a network of pre-chosen individuals suggested the use of a 191 P2P network called Freenet, which is used to share highly encrypted, decentralized data. Access in 192 Freenet is restricted to a predetermined list of users, which provides a higher degree of security than other 193 encryption protocols. Access is created through a backend web application and requires both the IP 194 address and password to access. The traffic is then routed through each trusted user, who becomes a node 195 in the flow of data. System access is set to expire after 10 minutes, making it near impossible to trace. 196 This system, once used by dissidents to circumvent censorship laws, is now a popular tool for cyber 197 criminals to offload malicious content and stolen goods. 198

On December 21, 2022, I contacted FBI Cyber Action Team Special Agent Brian Dressel to safely access 199 Freenet and access the IP address our informant had provided us. Dressel informed me that accessing the 200 IP address pulled up an auction page. The page design was minimalistic, only featuring the stolen non-201 Morisot paintings on a black background. Clicking each painting took the user to a bidding site for that 202 painting, which showed the current maximum bid for the painting and a 48-hour countdown clock. 203

Upon accessing the auction page, I contacted Det. Bahmani and devised a plan to track the auction back 204 to its source. Given the limited information and the 10-minute cutoff for all connections to the auction 205 site, unraveling the encryption on the auction site seemed highly improbable, especially factoring in the 206 tight window we knew we had before the Morisot Mastermind vanished. In the face of those restrictions, I 207 believed tracing the address of any potential cryptocurrency transaction for the stolen artwork would 208 maximize our chances of apprehending the thieves. 209

Revised 8/27/23

I contacted my supervisor, Supervisory Special Agent May Cooper, the agent-in-charge of the Art Crime 210 Unit. I briefed her on the situation and requested Bureau funds to secure a winning bid on the non-211 Morisot paintings. Agent Cooper was initially opposed to the idea, as sales of the paintings were likely to 212 exceed $5.5M based on the latest estimates at the time. Agent Cooper also said that there was no 213 guarantee that this theft was the work of the Morisot Mastermind since we had never seen a Mastermind 214 theft that included non-Morisot artifacts. Agent Cooper also told me she had an issue with striking deals 215 with unknown criminals to get “unverifiable” information. I told Agent Cooper that this case had all the 216 hallmarks of the Morisot Mastermind and matched up perfectly with the FBI’s profile of the criminal. I 217 said that this could be the end of a five-year hunt for the Bureau. Finally, I was able to persuade Agent 218 Cooper to approve the use of funds with the rationale that the Bureau could retrieve the funds from the 219 Morisot Mastermind once we had them in custody. 220

Upon securing the use of funds on December 22, 2022, I set up a temporary command center at the FBI 221 Field Office in Midlands Center. The command center included myself, Agent Dressel, who had flown in 222 from Boston, two cybersecurity technicians from the Midlands Center field office, and our informant. I 223 instructed Agent Dressel to use our informant’s login information to place bids on the two paintings. 224 After six hours of monitoring the auction site in 10-minute increments, Agent Dressel was able to secure 225 all three of the non-Morisot paintings at a combined price of $5.8M. Within 5-minutes of the auction 226 closing, at 2:59 AM on December 23, 2022, the auction site was taken offline. Digital images were taken 227 to preserve the auction site for evidence. 228

At approximately 3:31 AM on December 23, 2022, the informant received a phone call from a restricted 229 and secured phone number. The informant was instructed to answer, and the call was surveilled and 230 recorded by the cybersecurity technicians present in the room, who were unable to trace the caller’s 231 location during the call. The caller, using some form of voice anonymization, provided the informant with 232 a wallet address in the Bitcoin network. The informant was instructed to deposit 346 BTC into the wallet 233 within 24 hours. The informant was instructed to demand photographs for proof of authenticity and 234 possession from the seller. The seller informed the informant to use their auction IP address and password 235 to access an encrypted Freenet chatroom in 24 hours. 236

At 3:35 AM on December 24, 2022, the anonymous caller provided photographs to verify authenticity 237 and possession through a secure Freenet one-way chatroom. The caller was provided with an address in 238 Midlands Center to send the paintings via courier delivery and payment was authorized. At 11:21 AM on 239

Revised 8/27/23

December 25, 2022, the paintings were delivered to the informant via courier and were taken into FBI 240 possession. 241

In the ensuing weeks, agents from the Art Crime Team, Cyber Action Team and Cryptocurrency 242 Enforcement Team traced the Bitcoin wallet address to a bank account in the British Virgin Islands. 243 Cooperation with British intelligence authorities led us to Bern-Steel Ltd. as the owner of the bank 244 account. Bern-Steel, a shell company, was traced back to Memphis Raynes and Poe Cameron..The 245 transactions in the Bern-Steel bank account that initially caught my attention were deposits coming in 246 from an account registered to a MSIG subsidiary company called Goodspeed Industries. Everyone knows 247 De la Porta owns MSIG. It’s not a secret. The first transaction was a $3,000 deposit on August 9, 2022 248 from Goodspeed Industries. The next day, $3000 was withdrawn from the account. Goodspeed Industries 249 deposited $1500 on September 1st and October 1st 2022. Withdrawals in the amount of $1500 occurred 250 on September 1st and October 1st. Seeing these transactions, I requested a warrant for De la Porta’s 251 financials, which was granted. The resulting financial forensic investigation yielded several additional 252 payments made from accounts owned by De la Porta to Raynes and Cameron’s Bern Steel Ltd account. 253 Finally, two payments of $10,000 were deposited into the Bern-Steel account from a Goodspeed 254 Industries subsidiary company called Matchstick & Sons on September 15th, October 15th, November 255 15th, and December 15th 2022. 256

On February 10, 2023, I informed Det. Bahmani of the findings of my digital sting operation. I showed 257 them the financial and digital forensic evidence connecting De la Porta to the theft and explained that 258 based on the existing FBI profile, De la Porta was likely the Morisot Mastermind. Based on this evidence, 259 Det. Bahmani requested a warrant to search De la Porta’s home. 260

FBI Profile 261 262 The existing FBI profile of the Morisot Mastermind has guided the Bureau’s efforts in apprehending the 263 criminal for the past five years. It is my opinion, based on my review of the profile, that Berkley F. De la 264 Porta was likely the Morisot Mastermind. 265

There are several key traits the profile identifies as being traits likely possessed by the Morisot 266 Mastermind. The profile notes a high degree of sophistication and intelligence and access to significant 267 resources and insider information. The Mastermind exhibits meticulous planning, attention to detail and a 268

Revised 8/27/23

strategic mindset, consistent with “individuals who hold positions where strategic thinking and attention 269 to detail are paramount, like top-level business executives.” They also prove themselves to be anything 270 but a petty criminal, organizing and executing complex operations to offload the stolen artifacts. Finally, 271 the Mastermind has proven countless times that they have a long reach. They have shown themselves 272 capable of hitting cities across the United States and vanishing within a short timeframe. Based on all 273 these factors, it seemed highly unlikely that Memphis Raynes and Poe Cameron, who were likely 274 involved in the actual theft at Miller Tower, would also be the Morisot Mastermind. The profile notes that 275 the Mastermind had a tendency to use different crews for their various thefts, and the Mastermind was 276 likely the puppet master pulling the operational strings from the background. This information suggests 277 that De la Porta, who was making payments to Raynes and Cameron, was the Morisot Mastermind. 278 Aftermath 279 280 Det. Bahmani and I executed the warrant for Berkley F. De la Porta’s home on February 15, 2023 at 281 10:14 AM. During the search we were able to recover all three of the stolen Morisot paintings, Paysanne 282 Nouvelle dans les Terres, Halva Dans les Terres, and Dans les Terres du Millieu, in one of De la Porta’s 283 underground cellar storage rooms which confirmed to me that De la Porta was the Morisot Mastermind. 284 De la Porta refused to make a statement regarding how the stolen items were in De la Porta’s possession. 285 Additional cultural heritage items were uncovered at the De la Porta home. All additional items were 286 logged and were submitted for further investigative review unrelated to the Morisot case. At the time of 287 this report, none of the additional cultural heritage items are believed to be connected to Morisot 288 Mastermind cases. We also found a cell phone, which we processed into evidence to analyze. 289

The presence of the stolen Morisot painting was the final piece of evidence Det. Bahmani and I needed. 290 Det. Bahmani requested a warrant for the arrest of Berkley F. De la Porta, who was taken into custody by 291 the Santa Ivo Police Department on February 16, 2023. On March 3, 2023, I received lab results 292 confirming that De la Porta’s fingerprints had been found on the items retrieved from the thieves’ 293 apartment at Ivy Lane. On March 12, 2023, FBI technicians confirmed that the cell phone taken from De 294 la Porta’s home showed outgoing calls placed to both Memphis Raynes and Poe Cameron. By April 8, 295 2023, the FBI Cyber Action Team identified four additional dark web auctions for some of the other 296 artifacts stolen from Miller Tower, including various Midlands historic memorabilia and jewelry. These 297 auctions were unable to be traced. The whereabouts of the additional stolen items which did not appear 298 for auction remain unknown. 299

Revised 8/27/23

I am familiar with the following exhibits: 300 Exhibit 1 is an invitation to the October 31, 2022 Sohi Children’s Hospital charity gala at Miller 301 Tower. 302 Exhibit 2 is a brochure for the October 31, 2022 Sohi Children’s Hospital charity gala at Miller 303 Tower. 304 Exhibit 3 and 4 are accurate diagrams of the 40th floor and rooftop of the Miller Tower, 305 respectively. 306 Exhibit 5 is a picture of a security keycard for the Miller Tower in Santa Ivo City, Midlands. 307 Exhibit 6 is a picture of the Poe Cameron’s receipt from Zarzycki & Co dated October 7, 2022 for 308 a Halloween mask that was recovered by the Santa Ivo Police Department. It is a fair and accurate picture 309 of the receipt. 310

Exhibit 7 is a picture of Poe Cameron’s ring that was found by the Santa Ivo Police Department 311 during a search of Cameron’s residence pursuant to a search warrant. It is a fair and accurate picture of 312 Cameron’s ring. 313

Exhibits 9, 10, and 11 are pictures of the key fobs for Ivy Lane unit 322. 314 Exhibit 12 is the lease agreement for Ivy Lane unit 322 between Ivy Lane apartment complex and 315 Memphis Raynes. 316 Exhibit 13 is the FBI transcript of our Confidential Informant’s December 23, 2022 call as part of 317 my investigation into the Morisot Mastermind case. The transcript is an accurate reflection of the 318 recorded call. 319 Exhibits 14, 15, and 16 are screenshots of call logs taken from the “Miller Tower” mobile phone 320 that was found in Berkley F. De la Porta’s home. Exhibit 14 identifies the call was to “Poe Cameron.” 321 Exhibit 15 identifies the call was to “Memphis Raynes.” Exhibit 16 is the same date and time as the CI 322 call that is transcribed in Exhibit 13. The number called was the number provided to our CI as part of the 323 Morisot Mastermind investigation. 324 Exhibit 17 is the confidential profile generated by the FBI for the Morisot Mastermind. I used it 325 as a part of my investigation. It is an accurate copy of that ESD0312 form. 326 Exhibits 18 and 19 are accurate copies of articles that I read as part of my investigation into 327 Berkley F. De la Porta. To the best of my knowledge, the statements attributed to De la Porta in the 328 articles are accurate statements. No corrections or redactions have been made. 329 Exhibit 20 and 21 are certified copies of the arrest records for Poe Cameron (Exhibit 20) and 330 Memphis Raynes (Exhibit 21). 331

Revised 8/27/23

Exhibit 23 is the mask that was found by in the alley next to the Miller Tower on October 31, 332 2022 by the Santa Ivo Police Department. 333 Exhibit 24 is a MSIG business card for Berkley F. De la Porta. I found a box of these cards at De 334 la Porta’s home when we executed our search warrant. 335 Exhibit 25 is an accurate photograph of Poe Cameron. 336 Exhibit 26 is an accurate photograph of Memphis Raynes. 337 Exhibit 27 is the medical records of Emory Sands detailing the injuries that Sands suffered during 338 the armed robbery on October 31, 2022. 339 Exhibit 29 contains the notes written by Detective Kit Bahmani after viewing the Miller Tower 340 security video footage from October 31, 2022. I separately reviewed the video footage and I agree with 341 Detective Bahmani’s descriptions of what happened during the October 31st heist. 342

Exhibit 30 is the text message report and declaration letter from Midlands Wireless for Poe 343 Cameron’s mobile phone that Detective Kit Bahmani received pursuant to a search warrant. It has not 344 been altered in any way since Detective Kit Bahmani showed it to me. 345

I swear and affirm the truthfulness of everything stated in this report. Before writing this report, I was told 346 to include every relevant detail in my investigation. I have done so to the best of my abilities. I know that 347 I can and must update this report if anything new occurs to me, up until the moment before opening 348 statements begin at trial. 349 350

____________________________________ 351 /s/AGENT SHAR BURKE 352

353

Duly Subscribed and Sworn By Me: 354

____________________________________ 355

/s/HENRI LE MANS 356

Notary Public 357

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ADDENDUM TO REPORT: August 14, 2023 358 359 On August 1, 2023, cybercriminals attacked FBI servers after gaining access through a software 360 vulnerability. The criminals were able to erase several pieces of evidence off the servers, including: 361

• Photo of auction site (taken 12/22/22) 362 • Recording of Morisot Mastermind call with Informant (created 12/23/22) 363 • Photo of encrypted chatroom (taken 12/24/22) 364 • Financial records for Bern-Steel Ltd, Goodspeed Industries, Matchstick & Sons, and Berkley De la 365

Porta’s accounts 366 • File on Informant 367 • FBI’s copy of the October 31, 2022 Miller Tower security footage 368

No other exhibits were affected by the cyber-attack. 369

____________________________________ 370 /s/AGENT SHAR BURKE 371

Duly Subscribed and Sworn By Me: 372

____________________________________ 373

/s/HENRI LE MANS 374

Notary Public 375

376

Revised 8/27/23

REPORT OF DETECTIVE KIT BAHMANI

STATEMENT OF FACTS/NARRATIVE: (10/31/22 to 11/01/22) 1

At 9:11pm on October 31, 2022, emergency services received a 911 call from someone 2

stating they were inside Miller Tower where masked persons were trying to enter through the 3

roof. The call cutout before the 911 operator could get all of the particulars. The 911 operator 4

forwarded the incomplete information to SIPD at 9:12pm. After receiving the information SIPD 5

dispatch sent out a priority call to all available units and investigators. I responded with a few 6

other patrol units. While this was a priority call, none of the units, including myself, were able to 7

arrive at the scene until 9:26pm. The Halloween parade downtown made getting from the station 8

to Miller Tower take three times longer than usual. 9

Upon arriving at the building, security seemed surprised by our presence. The security 10

guards on the ground floor were unaware of any call made and said that there was a party 11

happening on the 40th floor. We directed security to take us up to the 40th floor. Once there, we 12

found the party the guards had mentioned, and when we thought it had just been a prank call, a 13

person came out of the secured area screaming for help. The person was dressed in an interesting 14

SANTA IVO POLICE DEPARTMENT OFFENSE INCIDENT REPORT

1. TYPE a. ORIGINAL

b. CONTINUATION

c. SUPPLEMENT

OR FOLLOWUP 2. CODE NO.

0908 2a. SORT 3. TYPE OF OFFENSE OR INCIDENT

ARMED ROBBERY—GRAND LARCENY 4. CASE CONTROL NUMBER

SIPD-22-0099 5. BUILDING NUMBER

NA 6. ADDRESS

Miller Tower, 1985 Woodward Ave. 7. NAME OF AGENCY/BUREAU

SANTA IVO POLICE DEPT.

8. AGENCY/BUREAU CODE M–27

9. SPECIFIC LOCATION 40th Floor

10. LOCATION CODE NA

11a. DATE OF OFFENSE/INCIDENT 10312022

11a. TIME OF OFFENSE/INCIDENT Approx. 21:11 to 21:40

12. DAY M

13a. DATE REPORTED 10312022

13b. TIME REPORTED 10312022 – 21:11

14. DAY M

15. JURISDICTION (X) EXCLUSIVE

CONCURRENT

PARTIAL

PROPRIETARY

16. NO. OF DEMONSTRATORS 0

17. NO. EVACUATED 0

a. TIME START NA

b. TIME END NA

18 . R

EL EV

AN T

PA RT

IE S

ID CODE (a)

NAME AND ADDRESS (b)

AGE (c)

SEX (d)

RACE (e)

INJURY CODE(f)

TELEPHONE (g)

Last Name, First, Middle Initial SANDS, EMORY UNK -- UNK 5

HOME 4155552375

Number, Street, Apt. No., City and State WOULDN”T YOU LIKE TO KNOW??

BUSINESS

Last Name, First, Middle Initial SANDS, EMORY UNK UNK UNK 5

HOME 4155552375

Number, Street, Apt. No., City and State WOULDN”T YOU LIKE TO KNOW??

BUSINESS

Last Name, First, Middle Initial STILL AT LARGE AT TIME OF FILING UNK UNK UNK 0

HOME

Number, Street, Apt. No., City and State NA

BUSINESS

Revised 8/27/23

costume, but otherwise identified themselves as Cyprus Cosmos. Cosmos said that someone had 15

gained access to the secured vault in the back and that a security guard had been assaulted and 16

was lying there unconscious. We tried to radio for paramedics, but nothing was going through. I 17

sent Sergeant Rodrigo—one of my best officers who had recently transferred from crime ridden 18

Midlands Center—down to the first floor to call paramedics and to call for backup. I then 19

directed another set of officers to follow Cosmos to the injured guard and to secure the scene. I 20

then spoke to the DJ in the Cocktail Room, who identified themselves as Devin Johar, and asked 21

them to turn off the music. I addressed the crowd and told them to remain calm but that a police 22

investigation had begun and that none of them were allowed to leave the building until given 23

permission from SIPD. I then headed to the vault and saw building guard Emory Sands, the 24

Director of Security at Miller Tower, lying unconscious on the floor. 25

At 9:42pm, I returned to the elevator lobby and found Sgt. Rodrigo with the paramedics 26

and a few more officers. I directed the paramedics to the vault, then I directed Sgt. Rodrigo and 27

Officer Schaefer lead two teams of officers to collect statements and secure the 40th Floor. I 28

found someone who appeared to be a server for the event and asked them who was in charge of 29

the event. They said that Cosmos was the person to talk to. 30

Once the area was secured and all the party guests appeared to be calm, I proceeded into 31

the secured vault area to search for Cosmos. On my way through the area to the vault, Sgt. 32

Rodrigo flagged me down and showed me into what looked like a security office. Inside the 33

office, Sgt. Rodrigo had found what appeared to be a military grade signal jammer. Taking care 34

not to disturb any possible forensics on the signal jammer, I used a pencil to switch it off. My 35

suspicions that it was a signal jammer were confirmed because the moment I turned off the 36

device, both my and Sgt. Rodrigo’s radios began working again. Further, I now had cell phone 37

reception again and we were able to communicate with the rest of the team on scene. 38

I then found Cosmos near the vault door and asked for background on the event as well 39

as what was stored in the vault. Cosmos informed me that this was a big-ticket charity auction 40

and that there were many valuable pieces being stored in the vault. Big ticket items plus the 41

military grade signal jammer made me suspect at this point that we were dealing with a 42

sophisticated and well-thought-out heist. At 10:02pm, I called the forensics team and told them 43

to arrive as quickly as they could. I asked Cosmos to remain in the kitchen until I was able to get 44

a full statement from them. 45

Revised 8/27/23

I then met with Sgt. Rodrigo in the security office again. Sgt. Rodrigo was able to find 46

security footage from earlier in the night. The security footage confirmed that there were several 47

individuals who had entered the secured area and removed items from the vault up to the roof 48

where a helicopter was waiting to take the items. I instructed Sgt. Rodrigo to have the forensic 49

folks pull all the security footage for the building. 50

The forensic team arrived around 10:30pm. I oversaw the collection of evidence during 51

that process. Blood was found in several places. First, on the door leading from the roof into the 52

internal stairwell down to the 40th Floor. Blood was also found in the vault with some blood 53

droplets in the hallway between the stairs and the vault. The forensic team also collected a 54

novelty Halloween mask in an alley near the security door exit on the ground floor of Miller 55

Tower. While it was Halloween and random discarded masks on the street is not uncommon, I 56

had a gut feeling that this might be connected to our heist crew. So, I asked the team to collect it 57

and send it to the forensics lab as well. In terms of other physical evidence, a number of items 58

were collected. A key card was found in the stairwell leading from the roof to the 40th floor. The 59

signal jammer was also collected for testing and examination. 60

By about 11:40pm, Sgt. Rodrigo and Officer Schaefer’s teams had completed the 61

preliminary interviews with guests and servers to help determine who at the party had any 62

possible information. They were able to identify about 10 people who were not compromised by 63

alcohol intoxication—Officer Rodrigo had a dust up with a particularly belligerent vampire at 64

one point apparently. But, after I spoke with the 10 sober people, I found that there were really 65

only two people with any information about the crime. No one else on the 40th floor had any 66

information related to the heist or what had happened in the secured area except for Cosmos and 67

a server named Parker Orlov. I interviewed both of them that night at Miller Tower and then 68

again the next day back at the District 2 precinct. My notes from those interviews are stored in 69

the department’s secured online file portal. 70

During our investigation, we were able to confirm from watching security footage and 71

talking with Miller Tower staff and members of the security team that all of the items listed in 72

the charity auction’s brochure (Exhibit 2) had arrived at Miller Tower via an armored truck 73

around dawn on October 31, 2022. I located a copy of the “security tac” plan in the 40th floor 74

Command Center. It appeared from the “tac” plan that the auction items remained in the vault 75

from shortly after dawn until they were shuffled back and forth to the event hall for auction 76

Revised 8/27/23

during the cocktail hour that occurred from 6:30-7:30pm. At the end of the auction, the items 77

were to all be secured back in the vault until an armored truck arrived at Miller Tower when the 78

gala was over. From there the armored truck would deliver the items to their new owners. 79

Between reading the brochure and the “tac” plan, I was able to piece together a list of all 80

the items stolen from the vault and the approximate value of each item. I created a chart by hand 81

that evening that I later used to create the following table: 82

Item Value

Draft of Federalist No. 78 $1.4M

Gilbert du Motier Letter $750,000

Portrait of Lady Georgia $2M

Lord Felder Painting $1.5M

Columbia River Painting $1M

CMK ring $650,000

Duncan necklace $2.9M

Aqueousphish brooch & necklace $1.4M

Autographed baseball $500,000

Rare Cara Wine 2020 case $400,000

Chuggie’s bar stools (5) $800,000

Emerald & diamond earrings $1.1M

Cat-Lam diamond bracelet $850,000

Cutty Sark painting $450,000

Coronation tiara $975,000

Ouambo Thunderstorm painting $1.3M

Holstad Forest painting $1.1M

Midlands Constitution (draft) $2.5M

Leckrone Camera sketch $775,000

Boumbo charm bracelet $685,000

“Wealth of Nations” signed copy $1.7M

Revised 8/27/23

In addition to the auction items, all three Berthe Morisot paintings that were provided for 83

display only (Paysanne Nouvelle dans les Terres, Halva Dans les Terres, and Dans les Terres du 84

Milieu) were also stolen from the vault. Evidence collection ended at approximately 1:08am on 85

November 1, 2022. Afterwards I returned to the station, updated Deputy Commissioner 86

Benjamin on the investigation, and drafted this report. 87

SUPPLEMENTAL REPORT 1: (11/02/22) 88

I received a phone call from someone named Shar Burke. They claimed to be an agent 89

with the Federal Bureau of Investigation. I was able to confirm that Burke was in fact an FBI 90

agent through the State-Federal Intersectional Database. Agent Burke informed me that they had 91

seen the heist at Miller Tower on the news and that the MO (modus operandi) for the crime fit 92

the profile of a criminal mastermind that Burke had been chasing. Agent Burke asked for access 93

to the SIPD investigation to help build the case against the person Agent Burke was chasing. I 94

agreed to allow Agent Burke to shadow the investigation and in exchange Agent Burke agreed to 95

provide SIPD access to FBI resources when needed. 96

We also received notice that a helicopter matching the tail number of the one that was 97

used during the Miller Tower heist was reported stolen from the now bankrupt Koller Campbell 98

Air on October 16, 2022. The Trustee in charge of the bankruptcy reported the theft to their local 99

police department the same day of the theft. The Trustee was cleared of all wrongdoing 100

connected to the helicopter theft. Despite a thorough canvassing of Charlotte County, we have so 101

far been unable to recover the missing helicopter. 102

SUPPLEMENTAL REPORT 2: (11/10/22) 103

After reviewing all of the camera footage from Miller Tower on October 31, 2022, I was 104

able to determine the following summary of events. No audio was recorded on any of the 105

security cameras. 106

At 9:10pm, approximately three individuals landed on the helipad of Miller Tower via the 107

stolen helicopter. The pilot remained with the helicopter during the entirety of the heist. Two 108

people exit the helicopter and head towards the door to the stairs. One person was already 109

waiting inside for the helicopter. The masked person inside tried to use a keycard to let the 110

people on the roof into the building. The keycard apparently fails (the door does not open) and 111

Revised 8/27/23

the two people on the roof use an axe and a club to break down the door. After the two outside 112

manage to make a hole in the door big enough to enter through, they enter. One of them appears 113

to get their left shoulder caught on a jagged piece of the door. The footage plus the blood found 114

on the door itself led me to believe that the person who got caught on the door was injured at this 115

time. They then headed toward and entered the Command Center on the 40th floor. 116

There is no camera inside the Command Center, so there is no camera footage of what 117

happens inside the office. However, the footage shows the suspects carrying a signal jammer into 118

the office and the timing of when the 911 call cut out leads me to conclude that the signal 119

jammer cut off all communication ability for the guard on that floor. 120

At 9:14pm, all three suspects are seen on the camera footage dragging Emory Sands, who 121

appears unconscious, from the Command Center to the vault. The suspect wearing the mask 122

found in the alley next to Miller Tower (Exhibit 23) used Sands’s key card to access the vault’s 123

initial security panel, which is confirmed by the access log. The video footage also shows the 124

three suspects working together to lift Sands’s right hand and forcing open Sands’s right eye for 125

the biometric scanners. The biometric scanners function as a secondary security measure and are 126

required to enter the vault. Both of Sands’s biometric scans were confirmed by the access log. 127

There was no hesitation by the three suspects when using the biometric scanners; it’s as if they 128

knew Sands’s right hand and retina would need to be scanned. 129

After the vault doors opened, all three suspects entered the vault, dragging Sands’s 130

unmoving body into the vault as well. From about 9:15pm to 9:28pm, the crew members pack up 131

and remove all the items from the vault. They do this in two trips. The first trip appears to go 132

smoothly. However, between the first and second trip, Sands wakes up and tries to attack the 133

injured crew member—who was the only one in the vault at the time. The injured crew member 134

starts beating Sands. The attack is fairly vicious. When the other two return to the vault for their 135

second load, they also jump into the scuffle. After one or two hits, Sands doesn’t move but 136

continues to be struck repeatedly. 137

The fight is over at 9:21pm and the crew appears to get back to business. But the injured 138

crew member collapses at one point and must be helped out of the vault when the crew moves to 139

leave. The placement of the injured crew member in the video lined up with where the blood 140

evidence was found in the vault. By 9:27pm all crew members are in the roof-access only freight 141

elevator and go up to the roof. Once on the roof, they walk over to the still waiting helicopter. 142

Revised 8/27/23

The key card access logs show that the crew continued to use Sands’s key card to access the 143

roof-access freight elevator. After helping load the second cargo of stolen materials from the 144

vault into the helicopter, the injured crew member is also loaded into the helicopter. Two of the 145

crew members do not enter the helicopter and return to the 40th floor. There, they enter the event 146

hall and join the crowd of other masked guests. The security footage is very grainy and the event 147

hall lights were dimmed for the party so I was unable (based solely on the security footage) to 148

trace the exact path that the two suspects took once they entered the event hall. 149

After the crew members left the secured area, the security cameras show that Sands’s 150

unconscious body was found by Cosmos and Orlov. 151

There were many limitations to the video evidence. Based on the lighting and the all-152

black clothing worn, I was not able to determine the height, weight, or build of any of the crew 153

members. I was also not able to see the faces of any of the crew members. They always turned 154

their faces away from the cameras and when it was not possible to hide their faces, they wore 155

masks. All of this led me to believe that we were dealing with a highly sophisticated crew. 156

Though, we were able to eliminate any sort of mafia, mob, cartel, or other organized crime 157

connections. Those groups had never really had a strong foothold in Santa Ivo and they were 158

completely eliminated in June of 2021 after they burned down Chuggie’s Bar & Grill, a famous 159

hole-in-the-wall in Midlands Center. 160

SUPPLEMENTAL REPORT 3: (11/15/22) 161

Forensic report from the scene of the crime has come back with a match. The blood 162

evidence found in the stairway and in the hallway came from a person named Memphis Raynes. 163

I know Raynes. Back before I was a detective, I arrested Raynes a number of times. I ran a recent 164

arrest record and found that Raynes had been up to even worse conduct after my run-ins with 165

them. From my past run-ins with Raynes, I know that they have a sibling named Poe Cameron. I 166

could hardly believe that Cameron was involved in this crime. From my memory, Cameron was 167

always the good kid. I pulled Cameron’s criminal record and was disappointed to see that 168

Cameron had also had their run-ins with the law, though Cameron’s criminal activity paled in 169

comparison to Raynes’s. 170

The mask collected at the scene outside the building was found to have trace amounts of 171

blood on it. The DNA from the sample in the mask matched the injured guard Emory Sands. 172

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This showed to me that the mask was worn by someone who was inside the vault at the time 173

Sands was assaulted. DNA inside the mask was also found, but, at this time, there were not any 174

matches with any samples from the Midlands felony offender database. 175

Based on the location of the blood samples, the video, and the DNA evidence, it was 176

clear that the injured crew member in the video was Raynes. A warrant for Raynes’s arrest was 177

issued based on the DNA and security camera evidence. 178

SUPPLEMENTAL REPORT 4: (11/21/22) 179

Despite all efforts to locate Raynes, we have not been successful. I called in Poe 180

Cameron for an interview today. Both myself and Agent Burke were present for the interview. 181

That interview was audio recorded and a transcription is being made. Cameron was not able to 182

give me any information regarding Raynes’s location. Cameron confirmed that Cameron did not 183

have any injuries that would have been consistent with the injuries sustained by the injured crew 184

member from the security footage. Cameron agreed to provide a buccal swab DNA sample 185

because, as Cameron said, “I have nothing to hide.” 186

SUPPLEMENTAL REPORT 5: (12/03/22) 187

I received a call today from someone by the name of Blaise Nova. They claimed to have 188

information related to the Miller Tower heist. Nova told me that they had seen Raynes during the 189

weeks leading up to the heist at an apartment complex in the Oakley neighborhood called Ivy 190

Lane, which Nova had rented to Raynes. I asked why Nova was coming forward with this 191

information now. Nova stated that they had just seen a news story about a warrant for Raynes 192

related to the heist and called in because the news said the police were asking for any 193

information. Nova also asked if there was a reward for this type of information. I said no. Nova 194

replied, “Aw shucks” but said they were happy to help as much as possible. I set a meeting with 195

Nova for later in the day at the location I called Agent Burke and asked them to meet me at Ivy 196

Lane for the meeting at 1pm. 197

At 1:02pm, Agent Burke and I met with Nova in the property manager’s office at Ivy 198

Lane. We asked for all the information Nova could give to us about Raynes in the time leading 199

up to the heist. Nova provided us with a lease agreement signed by Raynes for apartment 322 200

from August 9, 2022 to November 9, 2022. We asked whether Raynes had been seen with 201

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anyone else while at the apartment. Nova talked about a few other individuals and also went on 202

at length about something to do with colored key fobs that had been given to Raynes for access 203

to the apartment. Nova confirmed that these colored key fobs had only been given to Raynes for 204

access to unit 322. All other building access was via black key fobs. One of the names of the 205

people Nova said had met with Raynes was well known to both me and Burke: Berkley F. De la 206

Porta. De la Porta is a well-known entrepreneur and businessperson. I was surprised to learn that 207

Raynes and De la Porta had both been in this apartment complex before the heist. I asked 208

whether De la Porta was a tenant here and Nova checked all the lease agreements on file and said 209

that De la Porta was not a tenant. On a hunch, I showed Nova a picture of Poe Cameron and 210

asked whether Nova had seen Cameron at all either. Nova confirmed that they had in fact seen 211

Cameron at Ivy Lane and even chatted with Cameron. The above does not contain all of the 212

information provided to us by Nova. My notes from the full conversation with Nova are stored in 213

the department’s secured online file portal. From the information provided by Nova, it was clear 214

that the Ivy Lane apartment had been used as the heist crew’s meeting and planning spot. It also 215

sounded like it was where they came after the heist to deal with Raynes’s injuries. 216

At the end of the discussion, Agent Burke asked whether anyone had been in the 217

apartment since Raynes’s lease had ended. Nova said no. Then Nova asked whether we wanted 218

to take a look around inside. We said yes. I then called the forensic tech, Forensic Technician M. 219

Nguyen, who had been working this case and asked them to bring their team to Ivy Lane ASAP. 220

About 10 minutes later at 2:05pm, Nguyen and their team showed up. All of us headed up to 221

apartment 322 together. 222

Once we arrived, it was fairly anti-climactic. The apartment looked absolutely spotless 223

and there was no furniture. The forensic team started dusting for fingerprints and trying to find 224

and hairs or other evidence left behind. Despite the apartment appearing to be barren, I had 225

forensic tech M. Nguyen check the dishwasher on a whim. Inside the dishwasher were a number 226

of plates, glasses, forks, knives, etc. that had been unwashed with an unused dish detergent pod 227

sitting in the bottom of the machine. Carefully, the techs processed everything that was in the 228

dishwasher and bagged it all for evidence. Based on our luck of finding the dirty dishes, I 229

wandered to the back of the apartment where I had seen a washer and dryer. The dryer was 230

empty but when I opened the washer, I found a number of linens and towels. I called out for the 231

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forensic techs to come to the back of the apartment. They started processing the items from the 232

washing machine as well. 233

After that, I asked Nova where the trash from this apartment would have gone. Nova 234

informed me about several dumpsters at the back of the complex. Unfortunately, any trash was 235

long gone as Nova informed me that the dumpsters are emptied on a weekly basis. However, any 236

materials set aside for recycling are collected once a month. Nova mentioned that Raynes had 237

left some bags of shredded paper at the recycling center, but nothing else. I had the forensic techs 238

collect the bags from the Ivy Lane recycling center. 239

I oversaw the collection and review of the bags of shredded paper. It took many hours, 240

but after a while we were able to find several pieces of documents in the trash that were likely 241

linked to this heist. Those included pieces of the floor plans for roof and 40th floor of Miller 242

Tower, the security “tac plan” for the items to be auctioned off at the Halloween night silent 243

auction, an invitation to the Sohi Children’s Hospital charity gala (without an address or a name 244

included), and a guidebook with specifications for the vault of the same make and model of the 245

one used on the 40th floor of Miller Tower. Pictures were taken of the scraps individually and 246

grouped together as a document. The pictures were secured digitally on the Santa Ivo Police 247

Department evidence server. Consistent with current departmental policy regarding evidence 248

collection and storage, the individual scraps of paper were not kept as evidence. 249

SUPPLEMENTAL REPORT 6: (12/04/22) 250

Jun Cage contacted the police department asking to come in to give a written statement 251

about what Cage saw happening outside of Miller Tower on Halloween night. Cage had 252

previously provided Cage’s name and contact information to officers on Halloween night but 253

refused to give a full statement at that time. I was curious about Cage’s change of heart so I 254

asked for Cage’s call to be transferred directly to me. In speaking with Cage, I learned that Cage 255

was familiar with both Poe Cameron and Memphis Raynes because they were all from the same 256

neighborhood. Cage reported that Cage was running their kebab cart outside of Miller Tower the 257

night of the heist and had seen Cameron and someone else Cage didn’t recognize exit Miller 258

Tower through the ground level security door near the alley. I asked Cage to come down to the 259

station immediately to make a full report. The security exit that Cage reported seeing Cameron at 260

was in approximately the same location where the Halloween mask (Exhibit 23) was found. 261

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Based on Cage’s statements, I filled out affidavits for an arrest warrant for Poe Cameron 262

and a search warrant for Poe Cameron’s residence. Charlotte County Common Pleas Judge 263

Daniel Hoy signed off on both warrants. 264

SUPPLEMENTAL REPORT 7: (12/05/22) 265

Cameron was arrested this morning during a routine traffic stop approximately 10 miles 266

from Cameron’s home. This stop was made about half a mile from the next exit, which was the 267

exit for the greyhound bus station. Cameron had $1000 in cash on them as well as a bus ticket to 268

Canada. Cameron was taken to the station. 269

Shortly after the arrest, I executed the search warrant for Cameron’s residence in the 270

Pleasant Ridge neighborhood. During the search, there was not much found. Cameron lived in a 271

two-bedroom apartment. There were pictures of Cameron and Raynes in the house along with 272

other family photos. A ring was found in Cameron’s bedroom with a distinct design. The design 273

pattern on the ring looked familiar to me. I pulled up pictures of Sands’s injuries from the night 274

of the heist on my phone. Bruising and cuts on Sands’s right forearm, forehead, and collarbone 275

area perfectly matched the distinctive patterns on the ring. The ring was photographed (Exhibit 276

7) and collected as evidence. 277

We also found two colorful key fobs in Cameron’s apartment matching the description 278

given to us by Blaise Nova of the key fobs that permitted access to unit 322 at Ivy Lane. The 279

fobs were purple (Exhibit 9) and blue (Exhibit 10). Finally, we collected a receipt for a 280

Halloween mask that had been purchased by Cameron two days before the heist (Exhibit 23). I 281

contacted Nova to see if the fobs would still work to confirm the fobs were in fact connected to 282

unit 322. Nova said the fobs were programmed to work for the specific dates listed in the lease 283

agreement and automatically deactivate after the lease ends. Thus, the key fobs could not be 284

tested to confirm or deny any connection to Ivy Lane unit 322, but when I showed both key fobs 285

to Nova, Nova confirmed that both key fobs looked exactly like the fobs given to Memphis 286

Raynes for unit 322. 287

No other evidence was collected or noted during the search of Cameron’s residence. 288

There was a second bedroom in the apartment. It is unclear whether another person or child was 289

living with Cameron prior to or after the heist. The other room did not look like it had been used 290

for many weeks and there was no written lease agreement for the room. The landlord renting 291

Revised 8/27/23

Cameron’s Pleasant Ridge unit stated that he didn’t like lawyers and so he did business the old-292

fashioned way: with a handshake and a person’s word. He was also unable to tell us more about 293

Cameron’s living situation or whether anyone else lived in the apartment with Cameron. As far 294

as the Cameron’s landlord was concerned, that was Cameron’s business and the landlord prided 295

himself on staying out of other’s people’s business. 296

After we completed the search of the home, Officer Rodrigo informed me that Cameron 297

had been booked and processed so now was a good time for any sort of interrogation. I returned 298

to the station. At approximately 1:42pm, I began questioning Cameron. Cameron waived their 299

Fifth and Sixth Amendment rights at first and began answering my questions. The interview was 300

audio recorded and a transcript of the recording has been requested. After about 20 minutes, 301

Cameron said they were done talking to me and invoked their right to silence and to counsel. 302

Upon booking, as is standard procedure, a sample of Cameron’s fingerprints were collected. 303

Cameron’s mobile phone was collected from Cameron as part of the booking process. A 304

search warrant affidavit was created and approved by Judge Daniel Hoy to search for text 305

message conversations with Memphis Raynes. The warrant and request for text messages 306

between Poe Cameron and Memphis Raynes between September 1 and December 15, 2022 was 307

sent to Midlands Wireless. 308

SUPPLEMENTAL REPORT 8: (01/04/23) 309

DNA and fingerprint results from Ivy Lane have come back positive. There were three 310

sets of fingerprints and DNA that did not match anyone in the database, nor did they match 311

Blaise Nova or any of the staff at the Ivy Lane apartment complex. However, Memphis Raynes’s 312

DNA and fingerprints were identified as being present in Ivy Lane unit 322. Of particular 313

importance, the garments found in the washer had Raynes’s DNA on them. From my training at 314

the police academy, I know that DNA and fingerprints can be left on surfaces for weeks without 315

degrading. It is impossible to tell how the DNA or fingerprints got on the items collect or the 316

context in which the DNA and fingerprints got on those items. No match at this time was made 317

to De la Porta, but that is not surprising because we do not have a sample of De la Porta’s DNA 318

or fingerprints to compare it to. 319

We also received test results connecting the mask found at the scene to Cameron. The 320

DNA inside the mask matched Cameron. In addition, the ring collected from Cameron’s 321

Revised 8/27/23

apartment was tested. The outside of the ring tested positive for blood and was a DNA match to 322

Sands. The outside also tested positive for Cameron’s DNA. The inside of the ring was tested for 323

DNA, but no DNA was found. 324

I also received an update from Agent Burke about their investigation into B. F. De la 325

Porta’s involvement with this crime. Burke was finishing up an investigation that Burke believed 326

would result in a search warrant for De la Porta’s financial records. 327

SUPPLEMENTAL REPORT 9: (01/05/23) 328

I received a warrant return from Midlands Wireless for text messages between Poe 329

Cameron and Memphis Raynes. It is clear from the text messages that Cameron was a late 330

addition to the heist crew but volunteered to join in. These messages contradict Cameron’s 331

statements during my December 5, 2022 interview of Cameron when Cameron said that 332

Memphis Raynes threatened Cameron if Cameron did not join the heist crew. 333

SUPPLEMENTAL REPORT 10: (02/14/23) 334

Agent Burke has been working on collecting any financial and cyber evidence that may 335

connect De la Porta to the Miller Tower heist for the past several months. Based on our 336

conversation, it is clear that Burke has substantial proof of a financial connection among De la 337

Porta, Cameron, and Raynes. 338

Based on this evidence, I have requested a warrant to arrest De la Porta and search De la 339

Porta’s Santa Ivo Heights home. 340

SUPPLEMENTAL REPORT 11: (02/15/23) 341

Agent Burke and I executed the warrant for De la Porta’s home. I’ve never been in a $10 342

million mansion before, but as one might expect, the search took quite a long time. At the home, 343

we found a number of Morisot paintings on display in the downstairs areas. However, upon a 344

deeper search of the premises we found a number of cellar doors hidden by other pieces of 345

furniture or dense foliage. The cellar doors led to underground storage areas. In one of these 346

cellars we found a number of items of interest. First, we found ten cell phones in a bag. Each one 347

was labeled with what appeared to be a name for the phone. One of the labels was “Miller 348

Tower.” In addition, we found a key fob matching the description given to us by Nova. This fob 349

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was red (Exhibit 11). We also found all three Morisot paintings, Paysanne Nouvelle dans les 350

Terres, Halva Dans les Terres, and Dans les Terres du Milieu, that were stolen from the Miller 351

Tower vault during the heist. All these items were collected and stored in an evidence locker. 352

Upon making these findings, I arrested De la Porta for their involvement in the Miller 353

Tower heist. During the booking, a sample of De la Porta’s DNA and fingerprints were collected. 354

I have requested that the lab run these samples against all of the forensic evidence collected in 355

this case. 356

SUPPLEMENTAL REPORT 12: (03/03/23) 357

Forensic report for De la Porta’s DNA and fingerprints came back positive. Both De la 358

Porta’s DNA and fingerprints were found on items in the Ivy Lane apartment. Results were 359

forwarded to Agent Burke and the Charlotte County Attorney’s office. 360

SUPPLEMENTAL REPORT 13: (07/03/23) 361

The Charlotte County Attorney has asked that I identify any exhibits in the case that I am 362

familiar with and how I am familiar with them. Below is a list of all of the exhibits that I am 363

aware of as a result of this investigation: 364

Exhibit 1 is an invitation to the October 31, 2022 Sohi Children’s Hospital charity gala at 365

Miller Tower. 366

Exhibit 2 is a brochure for the October 31, 2022 Sohi Children’s Hospital charity gala at 367

Miller Tower. 368

Exhibit 3 and 4 are accurate diagrams of the 40th floor and rooftop of the Miller Tower, 369

respectively. 370

Exhibit 5 is a picture of a security keycard for the Miller Tower in Santa Ivo City, 371

Midlands. 372

Exhibit 6 is a picture of the Poe Cameron’s receipt from Zarzycki & Co dated October 7, 373

2022 for a Halloween mask. It is a fair and accurate picture of the receipt. 374

Exhibit 7 is a picture of Poe Cameron’s ring that was found during a search of Cameron’s 375

residence pursuant to a search warrant. It is a fair and accurate picture of Cameron’s ring. 376

Exhibits 9, 10, and 11 are pictures of the key fobs for Ivy Lane unit 322. 377

Revised 8/27/23

Exhibit 12 is the lease agreement for Ivy Lane unit 322 between Ivy Lane apartment 378

complex and Memphis Raynes. 379

Exhibits 14, 15, and 16 are screenshots of call logs taken from the “Miller Tower” mobile 380

phone that was found in Berkley F. De la Porta’s home. Exhibit 14 identifies the call was to “Poe 381

Cameron.” Exhibit 15 identifies the call was to “Memphis Raynes.” Based on information 382

received from Agent Shar Burke, I know that Exhibit 16 is the same date and time as the FBI CI 383

call as part of Agent Burke’s Morisot Mastermind investigation. 384

Exhibit 17 is the confidential profile generated by the FBI for the Morisot Mastermind. I 385

reviewed it as a part of my investigation into the October 31, 2022 Miller Tower armed robbery. 386

Exhibits 18 and 19 are accurate copies of articles that I read as part of my investigation. 387

To the best of my knowledge, the statements attributed to De la Porta in the articles are accurate 388

statements. No corrections or redactions have been made. 389

Exhibit 20 and 21 are certified copies of the arrest records for Poe Cameron (Exhibit 20) 390

and Memphis Raynes (Exhibit 21). 391

Exhibit 22 is an accurate transcript of my August 16, 2023 interview. 392

Exhibit 23 is the mask that was found by in the alley next to the Miller Tower on October 393

31, 2022 by the Santa Ivo Police Department. 394

Exhibit 24 is a MSIG business card for Berkley F. De la Porta. A box of these cards was 395

found at De la Porta’s home during a search pursuant to a search warrant. 396

Exhibit 25 is an accurate photograph of Poe Cameron. 397

Exhibit 26 is an accurate photograph of Memphis Raynes. 398

Exhibit 27 is the medical records of Emory Sands detailing the injuries that Sands 399

suffered during the armed robbery on October 31, 2022. 400

Exhibit 29 contains my notes I created while and after watching the Miller Tower 401

security video footage from October 31, 2022. They reflect my observations as I was 402

contemporaneously viewing the footage. I have not edited the notes since I created them. 403

Exhibit 30 is the text message report and declaration letter from Midlands Wireless for 404

Poe Cameron’s mobile phone. It has not been altered in any way since I received it and stored it 405

in an evidence locker. 406

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AFFIRMATION 407

I swear or affirm the truthfulness of everything stated in this report. Before giving this 408

statement, I was told I should include everything that was relevant to my investigation. It is 409

impossible to include all steps and actions the SIPD took during this investigation. My team and 410

I conducted a thorough investigation and explored all possible leads and suspects. Some 411

investigative steps are omitted from this report because they revealed nothing of substance. 412

However, I found no evidence tending to incriminate or exonerate Poe Cameron, Memphis 413

Raynes, or B.F. De la Porta, except the evidence referenced in this report. I know that I can and 414

must update this report if anything new occurs to me until the moment before opening statements 415

begin in this case. 416

____________________________________ 417

/s/DET. KIT BAHMANI 418

Duly Subscribed and Sworn By Me: 419

____________________________________ 420

/s/J.R. BERNANS 421

Notary Public 422

ADDENDUM TO OFFICIAL REPORT – SIPD-22-0099 423

Date: August 15, 2023 424

On August 1, 2023 cybercriminals attacked that SIPD’s evidence storage servers through 425

the malware DAS-SOLIS virus. The scheme was successful and still unknown cyber criminals 426

were able to execute a ransomware attack against SIPD’s major servers. After the ransom was 427

paid, the cybercriminals released the servers, but much of the information on those servers was 428

wiped with no backup copies available. Each detective is required to review the relevant 429

evidence for their cases and determine which pieces of evidence were lost as a result of the 430

attack. Thankfully, all evidence collected by SIPD that was physically stored in an evidence 431

locker was not affected by this attack. Only digital evidence stored in a virtual evidence locker 432

was lost. 433

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I completed my review of this file today and make the following report as to the state of 434

the evidence that was lost: 435

o Photo of auction site received from Agt. Burke 436 o Photo of encrypted chatroom received from Agt. Burke 437 o Recording of Morisot Mastermind call with Informant received from Agt. Burke 438 o Financial records for Bern-Steel Ltd, Goodspeed Industries, Matchstick & Sons, and B.F. De 439

la Porta received from Agt. Burke 440 o All security footage from Miller Tower (10/31/22) 441 o Miller Tower M10T Vault security system access log (10/31/22) 442 o Miller Tower 40th floor security system access log (10/31/22) 443 o Miller Tower M10T Vault specification documents 444 o Pictures of Emory Sands’s injuries (10/31/22) 445 o Pictures of shredded paper scraps collected from Ivy Lane (12/3/22) 446

The following evidence that was in the custody of Santa Ivo Police Department was 447

unaffected by the attack: Previously identified Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 448

16, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27. 449

____________________________________ 450

/s/DET. KIT BAHMANI 451

452

Duly Subscribed and Sworn By Me: 453

____________________________________ 454

/s/ KONNOR ALLEM 455

Notary Public 456

Revised 8/27/23

SANTA IVO POLICE DEPARTMENT 1 FORENSIC SCIENCE UNIT 2

DNA TESTING SECTION REPORT 3

CASE NO: SIPD00A1985 4 SIFU LAB REPORT: 2022112-A00613-1 5 DATE SUBMITTED: November 2, 2022 (initial submissions received) 6 DATE COMPLETED: February 19, 2023 (final submission received 2/16/23) 7 CRIMINALIST: M. NGUYEN 8 BACKGROUND 9 A request for DNA testing was initially submitted by Detective Kit Bahmani on November 2, 10 2022. Evidence collection was ongoing. The final DNA sample was received on February 16, 11 2023. Det. Bahmani requested return date of February 28, 2023. This report is the final report 12 generated based on all samples received from November 2, 2022 to February 16, 2023. This lab 13 performed nuclear DNA testing via standard methodology of sampling, amplification, typing, 14 and profile comparison. All results are reported within standard accepted margins of error and 15 following the field-wide procedures. 16 EVIDENCE EXAMINED 17 SIF-1022-4-A: Samples of spatter evidence, reportedly recovered from the vault at Miller Tower 18 on October 31, 2022. 19 SIF-1022-4-B: Samples of spatter evidence, reportedly recovered from hallway at Miller Tower 20 on October 31, 2022. 21 SIF-1022-5-A: Cotton swab of surface skin, reportedly recovered from the hands of Emory 22 Sands on October 31, 2022. 23 SIF-1022-6-A: Cotton swab of a drinking glass (Evidence No: SIF-1022-6), reportedly recovered 24 at Ivy Lane on December 3, 2022. 25 SIF-1022-8-A: Cotton swab of the handle of a fork (Evidence No.: SIF-1022-8) reportedly 26 recovered at Ivy Lane on December 3, 2022. 27 SIF-1022-10-A: Cutting of shirt (Evidence No.: SIF-1022-10) reportedly recovered from laundry 28 bin at Ivy Lane on December 3, 2022. 29 SIF-1022-10-B: Cutting of shirt (Evidence No.: SIF-1022-10) reportedly recovered from laundry 30 bin at Ivy Lane on December 3, 2022. 31 SIF-1022-12-A: Fibers of mixed material, cut from a mask (Evidence No: SIF-1022-9) 32 reportedly recovered from the alley adjacent to Miller Tower on October 31, 2022. 33

Revised 8/27/23

SIF-1022-13-A: Key card, white, labeled with the “Miller Tower” logo, reportedly recovered 34 from Miller Tower on October 31, 2022. 35 SIF-1022-14-A: Key card, red, labeled with the “Miller Tower” logo, reportedly recovered from 36 Miller Tower on October 31, 2022. 37 SIF-1022-19: Cotton swab reportedly recovered from the door handle on entrance door to Ivy 38 Lane Unit 322 (Evidence No.: SIF-1022-8) at Ivy Lane on December 3, 2022. 39 SIF-1022-20-A: Cotton swab of face of class ring (Evidence No.: SIF-1022-20), reportedly 40 recovered from Poe Cameron’s residence on December 5, 2022. 41 SIF-1022-20-B: Cotton swab of interior of class ring (Evidence No.: SIF-1022-20), reportedly 42 recovered from Poe Cameron’s residence on December 5, 2022. 43 SIF-1022-23: Cotton swab of door handle, reportedly recovered from Miller Tower on October 44 31, 2022. 45 (Nuclear DNA does not allow us to assign a percentage or probability of DNA shared between 46 two people but siblings are expected to have, through random chance, approximately fifty 47 percent of the same DNA and statistical analysis indicated a chance of less than 1 in 15 billion 48 that they would share more than seventy-eight percent of the same DNA.) 49 BACKGROUND OF PROCESS: 50 DNA profiling as a science was first fully developed and patented in 1981. DNA profiling is a 51 widely accepted process used around the world for, among other things, biological testing, 52 medicine, tracing out genealogical lines, anthropologic investigation into human (and animal) 53 remains, and forensic use. While the purpose of any given DNA profile generation may vary 54 greatly from application to application, the process and science remain consistent throughout. 55 The three most widely accepted DNA testing methods are: Short Tandem Repeat (STR), Y-STR 56 and mitochondrial (or mtDNA) typing. The first two types are also commonly referred to as 57 nuclear DNA testing. 58 Within the nucleus of each human cell there are two copies of chromosomes, one each from the 59 paternal and maternal line. STR testing provides for the greatest precision in testing because it is 60 capable of creating a full profile of the person the cell came from. However, it is also the most 61 likely to lead to entirely inconclusive results because it requires hundreds to tens of thousands of 62 cells with both chromosomes intact to get enough of a sample to properly sequence. Conversely, 63 Y-STR testing is significantly more likely to generate a usable sample because it focuses only on 64 one chromosome: the Y chromosome. In turn, it can profile DNA from cells where the X 65 chromosome has degraded or cannot be properly sequenced at all. It is almost as precise as a full 66 STR profile because it sequences the entirety of a Y chromosome. But this testing method also 67 has significant shortcomings. First, it can only be used to type those with Y chromosomes 68 (individuals assigned a male sex at birth.) Second, fathers, sons and brothers will sometimes 69

Revised 8/27/23

have functionally identical Y chromosomes since the Y chromosome is passed directly through 70 the paternal line to all assigned-male offspring, though this is far from guaranteed due to the high 71 propensity of mutations of the Y chromosome. Because of these issues, Y-STR testing is 72 generally limited only to analysis of semen, where the Y chromosome is present in 73 overwhelming numbers and assigned-male testing is presumed. 74 The third type of testing, mtDNA testing, analyzes an entirely different region of the cell. While 75 STR and Y-STR both focus on the DNA present in the nucleus of cells, mtDNA profiling tests 76 the DNA in the mitochondria, which are a sub-organelle inside the cells of all advanced life. 77 Thousands of mitochondria are present in each cell and, in turn, a single cell often has as many 78 as ten thousand mtDNA molecules. Additionally, certain common items of forensic interest, 79 such as hair follicles, fingernails, or items touched by a person, will contain little to no intact 80 cells. As a result, nuclear DNA is often not present at all or present in small enough quantities 81 that reliable amplification of it is impossible. In these instances, mtDNA provides for a much 82 more robust, and reliable, initial sample. 83 MtDNA, however, is limited in its own ways. There is no genetic correlation between the DNA 84 in a subject’s mitochondria and the nuclear DNA in their cells. This is because mitochondria are 85 distinct organelles within the cell and while each person’s cell is a result of the combination of 86 their maternal and paternal chromosomes, mitochondrial DNA is passed directly down the 87 maternal line. However, much like the Y chromosome’s propensity for mutation, mtDNA also, 88 not infrequently, mutates. As such, all of the limitations Y-STR places on the potentiality of 89 assigned-male members of the same paternal line to share profiles are essentially the same as the 90 potential that a member (of either assigned sex type) will share a profile with another member of 91 the same maternal line. Siblings, most obviously, can be presumed to have the same mtDNA 92 because of this. 93 METHODS USED 94 All initial samples were reviewed with a microscope to determine the presence of cellular 95 material, including broken cells. While Evidence Items SIF-103122-4 through SIF-103122-23 96 were all submitted for examination, only the items listed above contained material likely to result 97 in an identifiable amount of mtDNA and, as such, were the only items tested. 98 Following that, the listed samples were submitted for extraction. Each sample was submitted to 99 a solution of phenol/chloroform to extract the nuclear DNA from other proteins. Subsequently, 100 the extract solution was placed in a centrifuge and run through standard DNA filtration methods 101 to isolate the DNA itself. This was done for each sample, independently, with sealed, fresh 102 extraction pipettes and centrifuge sterilization between each sample to reduce the rate of cross 103 contamination. While it is impossible to state that there is no chance of cross-contamination, this 104 laboratory has met every quality control certification continuously since its inception in 2002. 105 Once the nuclearDNA was isolated, it was subjected to PCR amplification. PCR (polymerase 106 chain reaction) is a method that introduces the DNA sample to a DNA polymerase primer that 107 then serves as a template for the DNA to split, recombine with the primer, then synthesize new 108

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DNA molecules. This allows for an amplification of DNA samples by a factor of one million per 109 20 cycles, which is the standard employed per this lab’s certification. 110 Then the amplified DNA sample underwent STR sequencing that targeted 13 forensically-valued 111 loci that are amplified through the PCR process. Essentially, an STR sequence (a set of unique 112 protein chains) is identified for each of 13 different loci, or points, on a given sample’s 113 chromosomes. These 13 identified sequences form a “profile” of the evidentiary sample. 114 Oftentimes, multiple STR sequences will be detected at the same loci. Because of this we can 115 determine that there may be multiple contributors to a given evidentiary sample. For example, if 116 a given loci has two distinct sequences, we know at least two (though possibly more because two 117 people can have the same sequence at a particular, isolated loci) people contributed. 118 These 13 loci are used because, based on decades of research, they have been determined to form 119 a set from which no two people (except for monozygotic twins) would ever be expected to have 120 an identical profile through random chance. It should be noted, as we’ve sequenced the entirety 121 of the human genome, we have identified 7 more expected-unique loci and many labs have 122 transitioned to a 20 loci profile. 123 Finally, the same exact process was conducted on each reference sample (i.e. sample from a 124 known person) collected. Then the profile of each evidence sample collected was compared to 125 the known reference profiles. From that, a statistical determination was made as to the likelihood 126 that the reference profile was included in the given sample. 127 REFERENCE SAMPLES EXAMINED: 128 AC4362: A profile stored in the NDIS (“National DNA Index System”) reportedly from 129 Memphis Raynes, taken on June 19, 2017, reference Charlotte Sheriff Case Number SC13876. 130 RS221191: Sample from buccal swab of Poe Cameron, reportedly taken on November 21, 2022. 131 RS221016: Sample from buccal swab of Emory Sands, reportedly taken on October 31, 2022. 132 Finally, a general run was conducted against the NDIS database for any unidentified samples 133 taken within Charlotte County in the last ten years. 134 CONCLUSIONS 135 All results were within expected ranges and no anomalies were observed during testing. 136 All probability results greater than 1 in 100 million are considered a NEAR CERTAINTY that 137 the contributor is included in that sample. 138 All probability results greater than 1 in 50 million but lower than 1 in 100 million are considered 139 a HIGHLY LIKELIHOOD that the contributor is included in that sample. 140

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All probability results greater than 1 in 1 million but lower than 1 in 50 million are considered a 141 LIKELIHOOD that the contributor is included in that sample. 142 All probability results under 1 in 1 million are considered INCONCLUSIVE. 143 All Exclusions are made with at least a thirty percent confirmed variability in the two profiles 144 and are impossible, if both reported profiles are accurate, to have come from the same 145 contributor. 146 Note: “greater than” means that the denominator is larger the value provided. A larger 147 denominator value means that the statistical likelihood of a potential mismatch is lower. 148 RESULTS 149 SIF-1022-4-A contained one or more identifiable DNA types. 150

Potential Contributor: Probability: AC4362 1 in 72 trillion

RS221191 1 in 10,460 RS221016 Excluded

SIF-1022-4-B contained one or more identifiable DNA types. 151

Potential Contributor: Probability: AC4362 Excluded

RS221191 Excluded RS221016 1 in 72 trillion

SIF-1022-5-A contained four or more DNA types, though all but two types were too weak for 152 identification. 153

Potential Contributor: Probability: AC4362 Excluded

RS221191 1 in 60 million RS221016 Assumed (Confirmed)

SIF-1022-6-A contained two or more identifiable DNA types. 154

Potential Contributor: Probability: AC4362 Excluded

RS221191 1 in 60 billion RS221016 Excluded

SIF-1022-8-A contained two or more identifiable DNA types but all reference samples were 155 excluded. 156

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SIF-1022-10-A contained two or more identifiable DNA types. 157

Potential Contributor: Probability: AC4362 1 in 4 trillion

RS221191 Excluded RS221016 Excluded

SIF-1022-10-B contained three or more identifiable DNA types. 158

Potential Contributor: Probability: AC4362 1 in 14 billion

RS221191 1 in 6 million RS221016 1 in 7 billion

SIF-1022-12-A contained two or more DNA types. 159

Potential Contributor: Probability: AC4362 Excluded

RS221191 1 in 4 trillion RS221016 1 in 250 billion

SIF-1022-13-A contained three or more DNA types. 160

Potential Contributor: Probability: AC4362 Excluded

RS221191 1 in 12 thousand RS221016 1 in 46 billion

SIF-1022-14-A contained three or more identifiable DNA types. 161

Potential Contributor: Probability: AC4362 Excluded

RS221191 1 in 620 billion RS221016 Excluded

SIF-1022-19 contained two or more identifiable DNA types. 162

Potential Contributor: Probability: AC4362 Excluded

RS221191 Excluded RS221016 Excluded

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SIF-1022-20-A contained two or more identifiable DNA types. 163

Potential Contributor: Probability: AC4362 Excluded

RS221191 1 in 47 million RS221016 1 in 1.3 million

SIF-1022-20-B contained two or more identifiable DNA types but all reference samples were 164 excluded. 165 SIF-1022-23 contained four or more identifiable DNA types. 166

Potential Contributor: Probability: AC4362 1 in 17,000

RS221191 1 in 4.7 million RS221016 Excluded

Supplementary Report 167 SIF-1022-6-A was matched to a profile of an evidentiary sample taken from a robbery on June 5, 168 2018 in Oxford, Mississippi. Contributor unknown. 169 SIF-1022-14-A and SIF-1022-23 were both identified as containing DNA from Rory Shelton, 170 taken as a reference sample in BCPD Case No: BCPD148011 (obtained March 18, 2014.) 171 On February 17, 2023, a sample, reportedly taken from Berkley F. De la Porta on February 15, 172 2023, was sequenced and profiled. That generated profile was assigned Evidentiary No.: 173 RS230288 174 RS230288 was then compared and analyzed with SIF-1022-19 and determined to contain two or 175 more identifiable DNA types. Only RS230288 however was determined to match with any 176 probability and that probability was 1 in 6,207. 177 LAB STANDARDS AND NOTICES 178 This laboratory is certified by both the AAFTL (American Association of Forensic Testing 179 Laboratories) and the NICAGE (National Institute of Critical Analytical Group Evaluation.) It 180 has continuously maintained those certifications since its inception on April 1, 2002. 181 This analysis was conducted by M. Nguyen, who is certified to perform DNA analytical work by 182 the ILPT (Institute of Laboratory Personnel and Technicians) and has continuously maintained 183 that certification since September 21, 2012. M. Nguyen has been employed by the SIFU since 184 2011 and worked in the DNA section since obtaining ILPT certification. M. Nguyen has the 185 required bachelor’s degree in microbiology from Northern Arizona University, obtained in 2010. 186

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All methods and procedures used conform to the current requirements and standards for both the 187 AAFTL and NICAGE and all notes and processes were reviewed by SIFU managing director 188 Ryanne George prior to publication of results. 189 NOTICE: Per AAFTL policy 4-349(b), this lab reports the following historical discrepancies 190 related to equipment used that were not severe enough to result in removal or reduction in 191 certification. On December 3, 2019, SIFU self-reported a centrifuge issue to AAFTL. In that 192 instance, a centrifuge was not properly sterilized, with trace contamination identified in the 193 subsequent two sample sets. Both sets were re-analyzed following proper cleaning and remedial 194 measures were employed by replacing all detergents and remedial training of all technicians on 195 proper sterilization procedure. 196 AFFIRMATION

I swear and affirm the truthfulness of everything stated in this report. Before writing this report, I 197 was told to include every relevant detail in my investigation. I have done so to the best of my 198 abilities. I know that I can and must update this report if anything new occurs to me, up until the 199 moment before opening statements begin at trial. 200 201

____________________________________ 202 /s/M. NGUYEN 203

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SANTA IVO POLICE DEPARTMENT FORENSIC SCIENCE UNIT

FINGERPRINT TESTING SECTION REPORT

CASE NO: SIPD00A1985 SIFU LAB REPORT: 2022112-A00613-2 CRIMINALIST: M. NGUYEN SIPD Forensic Science Unit International Association of Identification Accredited: 2002

Crime: Burglary/Robbery

Date of Report: 3/2/23

Date Reported: 10/31/22

Complaint Number:

Case Number: Reporting Agency: San Ivo PD

Analysis Date: 3/2/23

Analysis Time: 4:56pm

Topic: Latent Print Examination Date(s) of Examination: 3/2/23 – 3/2/23

Number of Latent Prints Type: Latent Print

Evidence No: SIF-103122-10

# of Impressions: 4

Recovered from: “Glass Tumbler at Ivy Lane Kitchen”

Type: Latent Print

Evidence No: SIF-103122-11

# of Impressions: 2

Recovered from: “Small Plate in Ivy Lane Kitchen”

Total Number oi Impression: 6 Latent Impressions Determined to be No Value

Count 2

Latent Impressions Determined to be Of Value for Further Comparison and Examination

Count 4

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Suspect, Eliminations & Others 1 Person

Role Suspect

Last Name CAMERON

First Name POE

DOB 3/24/03

Ag e 19

Latent Database ID No #544781

FBI Database No N/A

2 Person Role Suspect

Last Name RAYNES

First Name MEMPHIS

DOB 6/19/99

Ag e 23

Latent Database ID No #349846

FBI Database No 16MD4217

3 Person Role Suspect

Last Name DE LA PORTA

First Name BERKLEY

DOB 1/22/84

Ag e 38

Latent Database ID No N/A

FBI Database No N/A

Latent # SIF-103122-10-A

Recovered From “Glass Tumbler at Ivy Lane Kitchen”

Latent Impression Determined to be Of Value for Further Comparison and Examination

Suspects 1 2 3

Result EXCLUDED EXCLUDED IDENTIFIED

SIF-103122-10-A – A latent impression, upon comparison and evaluation, it was identified to be the #2 right index finger of Berkley F. De la Porta Database Search? No

Reason? No fingerprints from B.F. De la Porta in system

Result? N/A

Latent # SIF-103122-10-B

Recovered From “Glass Tumbler at Ivy Lane Kitchen”

Latent Impression Determined to be No Value

Suspects

Result

SIF-103122-10-B – Unable to determine finger or assess enough ridge data for comparison Database Search?

Reason?

Result?

Revised 8/27/23

Latent # SIF-103122-10-C

Recovered From “Glass Tumbler at Ivy Lane Kitchen”

Latent Impression Determined to be Of Value for Further Comparison and Examination

Suspects 1 2 3

Result EXCLUDED EXCLUDED IDENTIFIED

SIF-103122-10-A – A latent impression, upon comparison and evaluation, it was identified to be the #3 right middle finger of Berkley F. De la Porta Database Search? No

Reason? No fingerprints from B.F. De la Porta in system

Result? N/A

Latent # SIF-103122-10-D

Recovered From “Glass Tumbler at Ivy Lane Kitchen”

Latent Impression Determined to be Of Value for Further Comparison and Examination

Suspects 1 2 3

Result EXCLUDED INCONCLUSIVE INCONCLUSIVE

SIF-103122-10-A – A latent impression, upon comparison and evaluation, it was identified to be a #1 thumb print but only three ridges were clear enough for analysis and all three compared to both Berkley F. De la Porta and Memphis Raynes Database Search? Yes

Reason? Assess likelihood of fingerprint belonging to Raynes’ database sample

Result? 55% probability match

Latent # SIF-103122-11-A

Recovered From “Small Plate in Ivy Lane Kitchen”

Latent Impression Determined to be No Value

Suspects

Result

SIF-103122-11-A – Unable to determine finger or assess enough ridge data for comparison Database Search?

Reason?

Results

Revised 8/27/23

Latent # SIF-103122-11-B

Recovered From “Small Plate in Ivy Lane Kitchen”

Latent Impression Determined to be Of Value for Further Comparison and Examination

Suspects 1 2 3

Result EXCLUDED EXCLUDED IDENTIFIED

SIF-103122-11-B – A latent impression, upon comparison and evaluation, it was identified to be the #2 left index finger of Berkley F. De la Porta Database Search? No

Reason? No fingerprints from B.F. De la Porta in system

Result? N/A

Conclusion: Latent prints SIF-103122-10-B and SIF-103122-11-A were not of strong enough resolvability to make a matching determination. Latent print SIF-103122-10-A was determined to have five resolvable ridges, three of which were determined to match Berkley F. De la Porta and two of which could not be matched to a high enough level of certainty. It is this evaluator’s opinion that print belongs to De la Porta. Latent print SIF-103122-10-C was determined to have three resolvable ridges, three of which were determined to match Berkley F. De la Porta. It is this evaluator’s opinion that print belongs to De la Porta. Latent print SIF-103122-10-D was determined to have four resolvable ridges, two of which were determined to match Berkley F. De la Porta, one of which was determined to match Memphis Raynes based on an ABIS search, and one of which could not be matched with a high enough level of certainty. It is this evaluator’s opinion that the print is a result of a conglomeration of two different prints or that there is a coincidental destruction in one ridge that transformed its shape. Latent print SIF-103122-11-B was determined to have three resolvable ridges, three of which were determined to match Berkley F. De la Porta. It is this evaluator’s opinion that print belongs to De la Porta. NOTE: There was a non-determinative error in the process where the Peer Review and Tech Reviews of this report were swapped, such that the assigned Peer Reviewer did the Tech review and vice versa. Both reviews were conducted according to standard procedure, and this was not determined to affect the outcomes of the report.

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Terminology Identification – A conclusion that three friction ridge skin impressions originated from the same source. A subjective determination is made that the probability of error is negligible. Inconclusive – A conclusion that either the quality of the ridges makes determination whether they are from the same source impossible without a significant probability of error or a conclusion that at least two ridges are from the same source, but others are not. Exclusion – A determination that no ridges are from the same source or that no more than one is, with others that are determined not to be.

Methodology Certification: All fingerprint evaluators are certified, every two years, by the International Association for Identification (IAI.) Certification requires that the evaluator assess fifty fingerprints for evidentiary value, then run ten blind comparisons between sample latent prints and known reference prints. Each print must be determined to be Identified, Inconclusive, or Excluded from the pool of reference prints. Evaluators must score at least a ninety percent. Additionally, evaluators must score at least eighty-five percent on a 30-question refresher test on fingerprint characteristics and collection process. Method used here: This lab employs the ACE-V method. It is a four-step process. Analysis – The evaluator reviews the latent print to determine if there is sufficient friction ridge resolution to make a determination. While there is a lack of general defined criteria for making this decision in the latent print community, this lab requires at least three ridges be distinctly identified for a print to be IDENTIFIED so that is the minimum number of ridges required for analysis. Comparison and Evaluation – The latent print is then compared to all known sample prints. If no ridges are identified as matching between the latent and sample print or if only one ridge is considered a match and two or more are not, the analysis result is EXCLUDED. If either two ridges match, but all other ridges are either inconclusive or determined to not be a match, or three ridges match but additional ridges are determined to not be a match, the analysis result is INCONCLUSIVE. If at least three ridges are determined to be a match, with no ridges determined not to be a match, the analysis result is IDENTIFIED. This method of quantification of specific ridge identification is not the standard within the field, as the particular level and necessity of quantification of results vary greatly from agency to agency, it is nonetheless widely accepted. Additionally, the fingerprint is run through the ABIS database. While this does not directly affect the results of the analysis, it is noted if either ABIS confirms the identification, ABIS does not find the sample print in their system, or if ABIS returns a different identification. Verification – The results are then given to a Peer Review Evaluator, who confirms the identification. If there is confirmation, the results are published and sent to a Technical Evaluator who reviews the report for inaccuracy or error. If there is no confirmation, the results are not sent for technical review and a report documenting the discrepancy is published.

Revised 8/27/23

Reviewed By Peer Review: SIPD Tech ID: 45671

Name: Castor Troy

Rank: FT3

Review Date: 3/2/23

Technical Review: SIPD Tech ID: 33092

Name: Archie Seans

Rank: FT3

Review Date: 3/2/23

AFFIRMATION

I swear and affirm the truthfulness of everything stated in this report. Before writing this report, I was told to include every relevant detail in my investigation. I have done so to the best of my abilities. I know that I can and must update this report if anything new occurs to me, up until the moment before opening statements begin at trial.

____________________________________

/s/M. NGUYEN

Revised 8/27/23

CON-ERROR FORENSIC SERVICES, LLC 1 123 Midlands Drive 2

Santa Ivo, Midlands 54321 3

Analyst Report of Amarii Ebi 4

Background 5

I am Amarii Ebi, forensic scientist, former lab director, and former detective in the State of 6

Midlands. I’m the founder of Con-Error Forensic Services, LLC. Our company provides aid to 7

litigants requiring expertise in DNA and forensic analysis, DNA testing, and investigative procedures. 8

I am a court-recognized expert in all of these fields. Prior to founding Con-Error Forensic Services, 9

LLC, I worked for 15 years in the Santa Ivo Forensic Science Unit. I was originally a lab tech intern 10

during college, and then I was hired at the lab in 2002 as a junior analyst and managed to work my 11

way up the corporate ladder. I worked for the lab until 2017, when I left to find my own consulting 12

firm. At the time of my retirement from the lab, I was director of DNA operations. 13

Prior to working at the forensic science unit, I was a police officer in the State of Midlands. I 14

worked as a patrol deputy from 1995 until 1999, and as a detective from 1999 – 2002. Investigating is 15

hard work, much harder than working in the lab, so when the opportunity to join the lab came, I 16

seized on the opportunity and never looked back. In addition to my training and experience on the 17

job as a patrol deputy and a detective, I have a B.S. in forensic sciences from the Midlands State 18

College of Science and Agriculture. After joining the lab, they paid for my continuing education and I 19

earned a Masters of Forensic Science in 2004. During my time as an analyst, I testified in over 50 jury 20

trials on behalf of the State of Midlands. Since opening my consulting firm, I have testified for the 21

defense in over 30 jury trials. 22

I am primarily consulted to review the work of forensic laboratories. That is the primary source 23

of income for Con-Error. However, based on my training and experience as a police detective, we 24

have also recently started reviewing the work of investigating officers on cases in conjunction with 25

our work on forensics. This is my third case analyzing the work of investigating officers. It hasn’t been 26

as lucrative for my company so far, but I’m hoping that the exposure will help get our name out there. 27

While DNA science is an excellent tool - one of the best - for solving crimes, it has some 28

noticeable limitations. These limitations have been widely publicized in recent years, particularly in 29

stories about wrongful convictions and exonerations due to DNA evidence. I believe it is important 30

to consider all DNA evidence in context for each case, and I strive as part of my practice to make sure 31

juries understand the strengths and weaknesses of modern DNA analysis. It is common for juries to 32

believe that DNA constitutes indisputable proof of guilt or innocence, but the reality is much more 33

Revised 8/27/23

complicated. These common misconceptions can lead to wrongful convictions; accordingly, “Con-34

Error” was an apt name for my firm. 35

Additionally, even law enforcement themselves can be seduced by the power of DNA 36

evidence. In DNA cases, it can be common for officers to focus on a single suspect without taking 37

the time to examine other suspects, or other potential sources of DNA evidence. In the field, this is 38

known as “confirmation bias.” Confirmation bias can be deadly to an investigation. I would know – 39

during one of my cases as a detective, I was so certain I had the right suspect that I cut corners with 40

the investigation. I was cleared of any wrongdoing, but the suspect I arrested was set free, and the 41

crime was never solved. As a result, I’m particularly attuned to situations that may involve 42

confirmation bias. 43

In this case, I was hired by the defense. I charge my standard hourly rate of $500 an hour for 44

document review and analysis, $1000 an hour for secondary testing, and $1000 an hour to testify, or 45

prepare to testify in court. In this case, I did not do any secondary testing, but I did spend 30 hours 46

reviewing the file, plus 10 hours preparing to testify - not including the time I’m spending here today. 47

So far, I have been paid $25,000 for my work on this file. This is standard in my field. I reviewed the 48

following documents: 49

M. Nguyen’s DNA Report no. 2022112-A00613-1 50

M. Nguyen’s Fingerprint Report no. 2022112-A00613-2 51

Detective Kit Bahmani Report no. SIPD-22-0099 52

Agent Shar Burke Report dated April 17 2022 53

SIPD Interrogations of Poe Cameron dated November 21, 2022 and December 5, 2022 54

The Process of DNA Testing 55

In order to understand the process of DNA testing, it is important to start with the history of 56

DNA profiling. DNA profiling began in the early 1980’s. By comparing a known DNA profile to a 57

questioned sample, a qualified analyst can determine the presence of DNA and calculate the likelihood 58

of unrelated individuals contributing to DNA. Before testing can be performed however, certain 59

specific areas of the DNA chain - called “loci” - need to be isolated. This is because well over 99% of 60

all human DNA is identical from one person to the next. Despite all the obvious human differences 61

that DNA contribute to - eye color, height, weight, skin color and hair color just to name a few - the 62

vast majority of the human body contains identical DNA. So merely testing any random portion of 63

the chain will not be scientifically helpful. 64

Revised 8/27/23

The gold standard for forensic DNA testing is Short Tandem Repeat (STR) testing. This is a 65

form of what is known as “nuclear DNA” testing. Among the millions of DNA that make up the 66

chain, there are 22 combinations of chromosomes that result in variable DNA that can be used to 67

distinguish one sample from another. Each of these 22 chromosomes are autosomal, meaning that 68

they are non-sex-specific, and that they have a direct contribution from the biological mother, and the 69

biological father. These are known as alleles. 70

In the forensic world, the most common way DNA is examined is by comparing a known 71

sample to an unknown, or question sample. Generally, law enforcement officers pull objects suspected 72

to have DNA on them from a crime scene, and either swab for DNA themselves or send the entire 73

item to the lab for further analysis. This becomes the unknown sample. Once received by the lab, the 74

analyst will subject each sample to a solution of phenol and chloroform to remove the other proteins 75

from the DNA. This entire mixture is sent through a centrifuge which spins rapidly and isolates the 76

DNA for analysis. 77

Once the sample is isolated it is subjected to a polymerase chain reaction (PCR), which serves 78

to amplify the sample to comparable levels. The amplified DNA is then sent through a computer that 79

looks for 13 different loci within those chromosomes1. Each of these 13 loci have up to two alleles 80

per loci, for a maximum total of 26. This will be represented in a DNA report as two numbers, for 81

example 29, 30. This is the gold standard in the field and is based on years of research. No two people 82

would ever be expected to have an identical profile unless they are monozygotic (identical) twins. 83

Once a DNA profile is produced for a question sample, it will be compared against known 84

samples. A known sample is usually a buccal swab of DNA taken directly from a specific person under 85

a court order, warrant, or voluntarily. The analyst will then compare the known sample to the unknown 86

sample. If an unknown sample has even a single allele from the known sample missing, then the 87

known sample can be excluded as a contributor. This is because a person’s DNA is always the same, 88

and it will always appear in the same way on any surface. This is a very efficient and scientifically 89

validated way of ruling a specific person out as a contributor. It does not mean the person was not 90

present at the crime scene, nor does it mean that a person was not involved in criminal activity - but 91

it does mean that the DNA evidence on a particular question sample cannot be used to link them to 92

the scene. 93

1 It should be noted that there are many laboratories that now use 20 loci as the threshold standard.

Revised 8/27/23

No reputable analyst would ever claim that any two samples of DNA “match,” or “are a 94

match.” This type of language has been phased out over a number of years. Instead, analysts will give 95

probabilities that a given sample is a “contributor” to a question sample. Often these probabilities are 96

astronomically high - far higher than the total world population in many cases. The persuasiveness of 97

these probabilities is left to juries to decide, and lawyers to argue. 98

DNA Mixtures 99

Sometimes, a question sample will have DNA from more than one contributor. This can easily 100

be identified without even needing a comparison sample, because the appearance of more than 2 101

alleles at a single loci constitutes conclusive proof that at least two people contributed to a sample. 102

While isolated solitary DNA profiles are preferred - and are obviously the easiest to test - much 103

forensic analysis involves taking samples of objects that are likely to be touched or handled by many 104

different people. A doorknob for instance is touched by every person that uses the door. A doorknob 105

is a known source of transfer (which I will discuss below), but ignoring that for now, the doorknob is 106

also going to pick up a lot of DNA from a lot of different people. It would not be surprising to see 107

multiple sources of DNA on a question sample. This is called a DNA “mixture.” The more potential 108

contributors to a mixture, the more complicated it is. Eventually a question sample will become 109

unusable if there are too many contributors. Even a sample of two people can be misleading - because 110

it is easily possible for two unrelated people to share some alleles at a given loci, or to even be 111

homozygotic at a single loci, which could yield only a single allele. 112

DNA Transfer 113

Another area of concern and one of the biggest weaknesses in modern DNA science is the 114

prospect of DNA transfer. Modern testing cannot detect transfer any better than the old technology 115

could, so we are left to deal with the risk of it during trial. If transfer occurs, it could yield results that 116

make no sense to the analyst, or it could implicate a suspect when they are actually innocent. As such, 117

precautions must be taken as much as possible to rule out the prospect of DNA transfer. In order to 118

understand transfer, you first need to understand how nuclear DNA arrives on an object. 119

Our bodies expel DNA constantly. DNA gets expelled from sweat glands, saliva glands, and 120

any expulsion of bodily fluids like blood or urine. DNA is contained in each of our cells and those 121

cells get left behind on objects every day as we interact with them. Because of this, objects can often 122

be tested for DNA by taking sterilized swabs and examining them in a lab. 123

The primary limitation of this technique however, is that it cannot ever explain how an 124

individual’s DNA ended up on an object. Obviously, the most common way to deposit DNA on 125

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something is to simply handle it yourself. DNA will transfer from your body, your skin cells, and your 126

sweat to the object, and remain on the object for a period of time after the interaction. Because DNA 127

lives for an indeterminate period of time on an object, it cannot be determined when an individual piece 128

of DNA was deposited on an object simply from a DNA analysis alone. It also cannot be determined 129

where the DNA came from - whether it was blood, touch DNA, sweat or saliva for instance. There are 130

other tests that may help narrow this down, but the DNA test itself is useless for this purpose. 131

Primary Transfer 132

Even knowing all of this, it wouldn’t be a problem for DNA analysts if it weren’t for the 133

possibility of transfer. DNA transfer occurs when DNA moves from one object to another object. 134

DNA does not move directly, so this only happens when the objects come into contact with each 135

other, or with a third object that touches both of them. For example, if I touch a coffee mug while 136

drinking coffee, and then put the mug down on a table, it is likely I will leave DNA behind on the 137

coffee mug. This is called primary transfer. If another person were to come and pick up the coffee 138

cup, it is possible that my DNA would be picked up from the coffee mug and transferred to the hand 139

of the other person. Their hand might test positive for my DNA, despite the fact that I have never 140

touched their hand. This would be called secondary transfer. 141

Secondary and Subsequent Transfer 142

This can cause compounding problems. Now that my DNA is on the hands of another person, 143

if that person were to touch another object, my DNA could be transferred to that secondary object. 144

This would be called tertiary transfer. This would result in my DNA being placed directly onto an 145

object that I never came into any contact with at all. Nuclear DNA testing would be useless in 146

determining whether a transfer occurred - it would reflect that my DNA was on the secondary object. 147

While the likelihood of DNA being transferred to tertiary and quaternary objects is increasingly 148

unlikely, it is possible. One study done by the American Academy of Forensic Science in 2015 149

demonstrated secondary transfer in 85% of cases. While the realistic possibility of transfer in the world 150

is likely to be significantly lower than 85% - a number determined under flawless laboratory conditions 151

- it is still a non-negligible amount and must be accounted for. 152

Screening for Transfer 153

That said, there are many ways in which both analysts and investigators can limit the likelihood 154

of transfer. First and foremost, they can compare the quantity of DNA found. Transfer typically 155

deposits only minute amounts of DNA, because much of it is lost in the actual transfer process. An 156

analyst could compare the amounts of DNA left by a suspect on a known sample with amounts of 157

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DNA left by a suspect on a questioned sample, and if the amount is significantly less, that may indicate 158

the possibility of transfer. 159

Secondly, investigators on the case will often be able to recreate the movements of a suspect 160

through witness statements, video recordings or confessions. This creates a more accurate picture of 161

where DNA might end up, and how it might get there. Finally, DNA should only be taken from places 162

likely to capture a suspect’s DNA. Nearly every surface you can touch has DNA on it, and 163

indiscriminately swabbing for DNA will yield so many results that it would render testing virtually 164

useless. Investigators should use a targeted approach to collecting DNA, so the analyst can provide 165

helpful results that further the investigation. 166

DNA Analysis in State of Midlands v. B.F. De la Porta and Poe Cameron 167

The decision to run a nuclear DNA test was the appropriate decision in this case. As noted, 168

that is the gold standard in the field. However, as our technology develops we have the ability to run 169

a 20 loci comparison, rather than a 13. This technology is emerging, but is significantly stronger at 170

evaluating DNA, and significantly better at ruling out suspects. I do not believe the Santa Ivo 171

laboratory has the capabilities to do this testing on site, but there are at least two testing centers in 172

Midlands that would. Both the Garland Greene Forensic Laboratory in Cyrus, Midlands, and the 173

CHASE Forensic Laboratory have access to 20 loci testing. In a major case like this one, it would have 174

been helpful to get additional certainty. 175

A possible effect of this can be seen by examining the results. 4-A (blood spatter from Miller 176

Tower vault) yielded a mixture. It is uncommon to see a mixture in a blood sample. This should have 177

been a clue to the investigators to look for and attempt to rule out the possibility of DNA transfer. 178

Blood is one of the strongest sources of DNA. Often, a blood sample contains so much DNA that it 179

needs to be diluted in order to be properly tested. While I cannot find any direct evidence of tampering 180

or contamination by the lab, it is at a minimum concerning that a blood sample test resulted in a 181

finding of “mixture.” It is possible this is an interpretation issue. Increasing testing to 20 loci, rather 182

than 13 may have had an impact on determining whether this profile is a match to either suspect. 183

My second concern is that many of the objects examined for DNA are ripe for DNA transfer. 184

Any object that can be physically handled, such as a fork, drinking glass, or door handle is a possible 185

source of DNA transfer. However, even objects like a laundry bin, or an article of clothing could be 186

subject to DNA transfer. While there is no specific evidence of a transfer occurring in this case, 187

transfer can be sneaky, and show up even where an analyst does not expect. 188

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As discussed above, there are no quantitation results in the forensic report here. It is unclear 189

whether or not quantitation was recorded and measured. Recording the amount of DNA present in 190

every object would allow the analyst to rule out the prospect of transfer to a reasonable degree of 191

scientific certainty. For some reason, that does not appear to have been done here, which raises 192

questions about the reliability of the underlying testing. However I cannot say for certain whether a 193

quantitation would impact the results in any way. 194

Analysis of the Investigation of Law Enforcement 195

As I mentioned earlier, law enforcement officers have the potential to be seduced by the power 196

of DNA evidence. DNA is a powerful tool – but it is only a tool, and a skilled investigator needs to 197

take care to continue to follow appropriate procedures while investigating a case. This includes 198

gathering evidence, interviewing witnesses, and exploring the possibility of additional suspects. Ideally, 199

this work should continue up until the time an arrest is made, because it does not look good for anyone 200

when an innocent suspect is detained. 201

Investigative errors most commonly occur when an investigator becomes so focused on a 202

single suspect that they become blind to other options and other explanations. This is what is known 203

as confirmation bias, and it can quickly send an investigation off the rails. When an investigator is 204

exhibiting confirmation bias, they will typically have a suspect in mind and will interpret all new 205

evidence as proof of that suspect’s guilt. It is easy to see how this can be dangerous when an 206

investigator is supposed to pursue the truth in an unbiased way. It puts up blinders, and keeps the 207

investigator focused on only one thing or one suspect, when other options exist and might even be 208

stronger ones. 209

Examination of the Investigation of Special Agent Shar Burke 210

In this case, I examined the report of Shar Burke, a federal law investigator, and Kit Bahmani, 211

a state investigator both of whom participated in the investigation in this case. Initially, I wanted to 212

review the investigative steps they took in this case, and determine whether there were any issues with 213

chain of custody, or the handling of evidence. After reviewing both reports, I have no concerns 214

regarding chain of custody, or the handling of evidence. Both investigators are highly trained, and 215

conducted this investigation to modern law enforcement standards. 216

However, after reviewing the report of Shar Burke, I became concerned that Agent Burke may 217

have inappropriately targeted Berkley De la Porta. The first concern is that Agent Burke indicates they 218

“knew immediately who the perpetrator was.” It’s not uncommon for an investigator to have a lead 219

on a suspect, especially in a small world like art crimes, but in this case Agent Burke’s statement 220

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appears to be based on nothing but watching a video of the heist. Agent Burke was immediately 221

convinced that this was the “Morisot Mastermind,” an alleged art thief that Burke admits to trying to 222

pursue for 5 years. From that point on in the investigation, the focus was only on this alleged 223

Mastermind, without ever looking into other suspects. In fact, the search for the mastermind was so 224

extensive that at one point Agent Burke notes they pulled in the resources of every other investigator 225

in the art crimes unit to call their sources and reach out to their contacts to attempt to track down this 226

mastermind. Once Agent Burke was able to determine to their satisfaction that Berkley De la Porta 227

was this so-called Mastermind, Agent Burke never stopped to consider alternative suspects, or 228

potential alternative explanations for what Agent Burke found. 229

That said, it would be irresponsible to conclude that there was definitely confirmation bias 230

here. In most cases with confirmation bias, the target is a specific person, not an unknown person like 231

in this case. Additionally, Agent Burke served multiple warrants, and spent an extensive amount of 232

time hunting down De la Porta using plenty of common investigatory techniques. Usually in cases 233

with confirmation bias, I would expect to see corners cut and the investigation rushed. If anything, 234

Agent Burke went above and beyond in this case to determine they had the right person. While that 235

does not mean Agent Burke has the right person, and certainly does not mean Agent Burke was free 236

from confirmation bias, it would be wrong to conclude to any degree of certainty that Agent Burke 237

acted improperly with this investigation. Best practices should have assigned this investigation to 238

another investigator within the art crimes division, for the new set of eyes and ideas, but that is 239

certainly not a requirement. In the end, it would be hard to argue that Agent Burke did not follow the 240

evidence where it naturally led. Still, I am concerned about the decision not to consider any other 241

alternatives. 242

Examination of the Investigation of Kit Bahmani 243

I was also asked to look at the report of Kit Bahmani, a detective with the Santa Ivo Police 244

Department. As with Agent Burke, my primary concern was to find evidence of confirmation bias. 245

Detective Bahmani was likely even more susceptible to confirmation bias, because their experience is 246

not investigating art heists, and they appear to have relied on Agent Burke for much of the background 247

information on the primary suspect. 248

Detective Bahmani’s investigation was initially focused on the robbery and assault that 249

occurred at Miller Tower. This is natural, given that is where Detective Bahmani was asked to respond. 250

Detective Bahmani was only led to De la Porta because of the input from Agent Burke. While it is 251

possible that Detective Bahmani could have determined De la Porta’s alleged involvement without 252

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Agent Burke, it appears unlikely, given that De la Porta’s DNA was not in the system, and Detective 253

Bahmani had no reason look into De la Porta specifically. If Agent Burke was acting on confirmation 254

bias, this would also have an impact on Detective Bahmani’s investigation, since it was so heavily 255

influenced by Agent Burke. However as noted, I can find no specific evidence that either Detective 256

Bahmani, or Agent Burke inappropriately targeted De la Porta. 257

Detective Bahmani also followed the leads that led to the arrest of Poe Cameron. It is unclear 258

from the report exactly what specific evidence led Bahmani to investigate Cameron in the first place. 259

Detective Bahmani notes that “evidence found in the stairway and in the hallway came from a person 260

named “Memphis Raynes.” Detective Bahmani goes on to note that Memphis Raynes and Poe 261

Cameron are siblings. It appears the only reason Detective Bahmani initially called Poe Cameron in 262

for questioning is to attempt to locate Raynes after a warrant was issued for Raynes’s arrest. 263

My primary concern with Detective Bahmani’s focus on Memphis Raynes and Poe Cameron 264

is that it appears to be based off of prior contacts with the family. Detective Bahmani expresses 265

disappointment that Poe Cameron has a criminal record, and openly notes that Bahmani arrested 266

Raynes a number of times. Detective Bahmani was also concerned that Raynes’s record got worse 267

after Detective Bahmani’s interactions. 268

In any case with a violent assault, it is natural for law enforcement to want to try and solve it. 269

I’m always on the lookout for evidence that detectives cut corners, or honed in on a suspect far too 270

quickly. In this case, while it appears Detective Bahmani initially focused on Poe Cameron simply 271

because they could not find Memphis Raynes, there was eventually enough evidence to arrest Poe 272

Cameron for their involvement in the heist, including an eyewitness named Jun Cage that put Poe 273

Cameron at the scene and additional evidence Detective Bahmani found in Cameron’s home. 274

I also reviewed the interrogation of Poe Cameron by Detective Bahmani. To me, it appears 275

that Poe Cameron wanted to talk prior to invoking their right to remain silent. It is undisputed that 276

Memphis Raynes is Poe Cameron’s sibling, and that Memphis has a much more extensive, and violent 277

criminal record. When I was a detective years ago, I had a case where an older sister convinced a 278

younger brother to commit crimes with her, by threatening the younger brother’s partner if the 279

younger brother didn’t comply. Detective Bahmani’s interrogation of Poe Cameron reminded me of 280

the younger brother in that case. I am concerned that Detective Bahmani pushed Poe Cameron too 281

hard, causing Cameron to invoke their right to remain silent. If Detective Bahmani had given Cameron 282

breathing space to speak, it is possible that Detective Bahmani would have learned more about 283

Cameron. It would be interesting to know whether Poe Cameron was threatened or coerced by 284

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Raynes. Cameron appears to suggest that might have happened but is shut down by Detective 285

Bahmani quickly and asks for a lawyer before explaining. While suspects obviously have a right to 286

remain silent, a good detective will usually know how to keep them talking, especially when they are 287

relatively unfamiliar with the criminal justice system. 288

While I cannot find any evidence of wrongdoing by Detective Bahmani in this case, I remain 289

concerned that there might be secondary confirmation bias as a result of Agent Burke’s insistence that 290

De la Porta is involved. And I remain concerned that Poe Cameron may have been forced into 291

committing this crime, though I acknowledge that Poe Cameron has never directly said that, and I did 292

not interview Poe Cameron myself. 293

Conclusions 294

Through my review of the case, it appears that the DNA laboratory followed the appropriate 295

procedures. I have no concerns with either the certifications of the forensic examiner, or those of 296

the laboratory. These tests appear to have been performed according to industry standards, in a lab 297

certified to conduct these results. While there are a few minor anomalies in the results, this is 298

common in the field of DNA testing and usually not indicative of invalid results. In theory it is 299

possible, but it is not a conclusion I would be willing to stake my professional reputation on. 300

Overall, it appears that the lab did appropriate work. They are certified by AAFTL, and 301

NICAGE and have been continuously since 2002. NICAGE is a very difficult certification to achieve 302

and requires an extensive amount of supporting documentation. It is rare to see such a nationally 303

treasured certification in a forensic laboratory. It is impressive and noteworthy that the laboratory has 304

maintained such a certification continuously for over 20 years. 305

I am not concerned that the lab had to undergo a recertification process. This is standard in 306

the field, and it is standard to shut down operations for a short time while that process occurs. This is 307

important to ensure the ongoing standards of DNA testing and forensic evaluation are met. Like any 308

science, forensic science is continuously evolving. This allows for the reliable and accurate testing of 309

ever smaller amounts of DNA. It also changes the standards by which evaluators examine evidence, 310

and the conclusions they are allowed to draw. It is important from time to time to check every lab - 311

even highly successful NICAGE certified ones - to make sure they are not violating best practices and 312

industry standards. My understanding is that the lab in this case was recertified two weeks after the 313

initial draft of this report was released and has maintained their certification ever since. Again, this is 314

normal in the field. 315

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I am hesitant to speculate on the likelihood of transfer in this case. In general, the best 316

explanation for a source of DNA is that it was placed there by the person whose DNA it is. Transfer 317

is always a possibility but does not occur in every case - or even the majority of cases. In this case, 318

there is very little evidence to suggest that transfer occurred. Some of this is due to testing limitations, 319

but there is nothing else in the materials I reviewed to suggest there is a significantly higher risk of 320

DNA transfer in this case. That being said, DNA transfer cannot be ruled out completely as a possible 321

explanation either. 322

Finally, after a thorough review of both Agent Burke’s investigation, and the work of Detective 323

Bahmani, I cannot conclude that either investigator acted inappropriately. While I believe there should 324

have been some consideration of alternative suspects, and additional efforts to determine if Poe 325

Cameron was coerced or even involved in the heist at all, it is understandable why investigators did 326

not do so, and there was certainly no wrongdoing by either investigator, or their departments. There 327

is a significant amount of evidence pointing to the involvement of both De la Porta, and Poe Cameron. 328

However, in a major case like this, more investigation is never harmful, and it is always good to tie up 329

loose ends. Confirmation bias can lead to investigators overlooking facts or missing evidence, and the 330

best way to ensure that doesn’t happen is to take more time. 331

332

I swear and affirm the truthfulness of everything stated in this report. Before writing this report, I 333

was told to include every relevant detail in my investigation. I have done so to the best of my 334

abilities. I know that I can and must update this report if anything new occurs to me, up until the 335

moment before opening statements begin at trial. 336

337 ____________________________________ 338

/s/AMARII EBI 339

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1 INTERVIEW OF POE CAMERON 1

AT 2 SANTA IVO POLICE DEPARTMENT 3

DATE: 11/21/22 4

[START OF RECORDING] 5 Operator, this is Kit Bahmani, Badge Number 13692. I’m speaking 6 with Poe Cameron, P-O-E C-A-M-E-R-O-N. Cameron’s date of birth 7 is 03/24/03. Today’s date is November 21, 2022, the time is 8 12:15 pm. I’m here with Agent Shar Burke, speaking today with 9 Cameron about an ongoing investigation. Also present is 10 Detective Edward Malus, my partner in this investigation. 11 Cameron: Malus? The guy that singlehandedly took down the 12 Midlands Mafia last year? 13 Malus: That’s right. 14 Cameron: I saw that on BNN! Did you really take out every single 15 member of the mob? 16 Malus: Every last one. Midlands hasn’t had a mafia for more than 17 a year. 18 Cameron: Not bad. 19 Bahmani: We’re not here to talk about that. You know why you’re 20 here, I assume? 21 Cameron: Nope. 22 Bahmani: We’re here to talk about Memphis. 23 Cameron: The city? I hear it’s a great place for ribs and blues 24 music. But I’ve never been. Unless you’re talking about the one 25 in Egypt. But I got nothing for you there. 26

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Bahmani: Funny. I like a good sense of humor. I got jokes too. 27 You know full well I’m not talking about a city. I have a 28 history with Memphis too. Memphis is in trouble, and I want to 29 make sure nothing bad happens to Memphis, alright? We are on the 30 same team here. 31 Cameron: Same team? You’re right, you do have jokes. 32 Bahmani: Look Poe, we can do this the easy way where you walk 33 out the door you came in once you tell me what I need to know, 34 or we can book you into one of our nice 6x8 suites we have here, 35 and you can see if your cellmate finds your Egyptian trivia 36 interesting. 37 Cameron: What do you want to know about Memphis? We aren’t that 38 close these days. We have very different interests and mine 39 include not ending up with a prison number. 40 Bahmani: But you currently live with Memphis, right? 41 Cameron: No, I have my own place. We’re not the type of siblings 42 that hang out all the time. 43 Bahmani: We know Memphis was involved in something big, and we 44 know you were too. 45 Cameron: I don’t know what you’re talking about. 46 Bahmani: Of course you do. We know Memphis was at the Miller 47 Tower during the heist. 48 Cameron: What heist? 49 Bahmani: Don’t do that. I want to be able to trust you. Everyone 50 has heard about the robbery during the Sohi Children’s Hospital 51 Gala. 52 Cameron: I mean, I might have seen something on the news about 53 it. Rich people sad about losing their diamonds and ugly 54 paintings doesn’t really interest me, you know? 55

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Bahmani: Yeah, I get that. I think most of Santa Ivo feels that 56 way too. But I got a job to do, ok? I just need your help so 57 those people that do care about those diamonds and ugly 58 paintings will get off my back, you feel me? 59 Cameron: Sure, I guess. 60 Bahmani: Memphis didn’t get involved in the biggest crime in 61 this city’s history without saying at least something to you. 62 C’mon. I don’t think you were involved, ok? Your history doesn’t 63 scream jewel and art thief, ok? But Memphis? Memphis has some 64 serious history. I think Memphis was involved and has angered 65 some really bad people. Help me find Memphis before they do, ok? 66 Cameron: Look, I don’t want Memphis to be in danger but I just 67 don’t know what you think I know. 68 Bahmani: You know Memphis was there. 69 Cameron: I don’t know anything about that. 70 Bahmani: You’re going to lie to me? We know Memphis was there. 71 I have mountains of evidence that put Memphis at Miller Tower 72 and on the 40th floor inside the vault. So, it’s not really a 73 question that Memphis was involved. 74 Cameron: Ok, so what do you need to talk to me for? 75 Bahmani: We know you were involved. 76 Cameron: I wasn’t involved in anything. 77 Bahmani: You’re saying you weren’t there? 78 Cameron: Never been to the Miller Tower in my life. I don’t 79 hang out with snobs. Wasn’t born with a silver spoon, you know? 80 Bahmani: So you weren’t there on Halloween? 81

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Cameron: I wasn’t there, and I have no idea what you’re talking 82 about. I haven’t dressed up on Halloween in a long time. Go 83 shake down somebody else. 84 Bahmani: I know Memphis was involved. Rock solid evidence. I 85 know Memphis didn’t do this alone. Set up a whole crew and I 86 think you were part of it. I haven’t figured out why yet because 87 everyone we talk to says you’re practically a saint. But have a 88 gut feeling that you helped rob the place. If you help me now, 89 before the word gets to the prosecutor’s office, I can put in a 90 good word for you. Maybe you can still avoid that prison number? 91 Cameron: Don’t know what to tell you. Can I go? 92 Bahmani: Sure. But since you don’t know anything, you’ve got 93 nothing to hide, right? 94 Cameron: I guess so... 95 Bahmani: Cool. So you don’t mind giving us a DNA sample, right? 96 It’s a quick and painless swab inside your mouth, no big deal at 97 all. 98 Cameron: I don’t know… 99 Bahmani: Look Poe, if your DNA isn’t there, we’ll clear you 100 officially. Maybe that feeling in my gut is just some bad sushi. 101 Prove me wrong, Poe. Since you’ve got nothing to hide, it’s the 102 easiest thing to do. 103 Cameron: I guess. 104 Bahmani: Detective Malus, grab that kit so I can take the buccal 105 swab. 106 Cameron: Make it quick, would you? 107 Bahmani: I’m going to take this cotton swab out of the package 108 and run it alongside your inner cheek, ok? Both sides of the 109 swab for each cheek. Totally painless. Can you please open your 110 mouth and then you’ll be out of here before I can get these 111

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latex gloves off, ok? All done. Go ahead Poe, you’re free to go. 112 For now. 113 Cameron: Oooooooh, I’m terrified. 114 Bahmani: Poe Cameron has exited the room, and that will 115 terminate the interview. Cameron agreed to and did provide a 116 buccal swab sample before they left. Current time is 12:26 pm. 117

[END OF RECORDING] 118

C E R T I F I C A T E 119

120

STATE OF MIDLANDS : 121

: SS 122

COUNTY OF CHARLOTTE : 123

I, EMILY SPEARS, the undersigned, a duly qualified and 124

commissioned notary public within and for the State of Midlands, 125

do hereby certify that the foregoing is the interview given at 126

the date and place stated herein, that said interview was 127

transcribed with computer-aided transcription from an audio 128

recording; that I am neither a relative of nor attorney for any 129

of the parties to this cause, nor relative of nor employee for 130

any of their counsel, and have no interest whatever in the 131

result of the action. 132

IN WITNESS WHEREOF, I hereunto set my hand and official 133

seal of office at Midlands Center, Midlands this 10th day of 134

June 2023. 135

_________________________ 136

/s/EMILY SPEARS 137

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INTERVIEW OF POE CAMERON 1 AT 2

SANTA IVO POLICE DEPARTMENT 3

DATE: 12/5/22 4 [START OF RECORDING] 5

Operator, this is Kit Bahmani, Badge Number 13692. I’m speaking 6 with Poe Cameron, P-O-E C-A-M-E-R-O-N. Cameron’s date of birth 7 is 3/24/03. Today’s date is December 5, 2022, the time is 1:42 8 pm. I’m here again with Detective Edward Malus, speaking today 9 with Cameron about an ongoing investigation. 10 Bahmani: Welcome back Poe. We’ve got some chatting to do. 11 Let’s get this out of the way: You have the right to remain 12 silent. Anything you say can be used against you in a court of 13 law. You have the right to consult with an attorney before 14 questioning. You have the right to the presence of an attorney 15 during questioning. If you cannot afford an attorney, one will 16 be provided for you before questioning. Do you understand these 17 rights? 18 Cameron: Yeah, I do. But this all a waste of time. 19 Bahmani: Well, let’s chat a bit and see. We’re here to talk more 20 about the Halloween heist you told us you know nothing about. 21 Cameron: I don’t know what else you want me to say. 22 Bahmani: You’re going to keep feeding us that malarky? Alright, 23 that’s fine. Let’s start simple. I want to talk about what you 24 know about Miller Tower. 25 Cameron: Nothing. Not my scene, you know? 26 Bahmani: So you told us. But we just caught you with a duffel 27 bag full of cash and a ticket to Canada. 28 Cameron: Something wrong with going ice fishing in January? 29 Bahmani: With a duffel bag of cash? 30 Cameron: I don’t use credit cards. Didn’t want to run out of 31 money, you know? 32 Bahmani: Fine. Let’s start with this instead. You know Jun Cage, 33 right? 34

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Cameron: I mean, yeah, not like we’re close or anything, but I 35 know them. Jun is from Walton Park too. Lives in the same 36 Pleasant Ridge neighborhood as my parents. Good kebab, Jun’s 37 falafel is a bit dry though. 38 Bahmani: Oh so you’re a food critic now too. Cage said something 39 similar about you. The same neighborhood part. We didn’t chat 40 about falafel. Thing is Poe, Cage told us in a sworn statement 41 that you were at Miller Tower. 42 Cameron: Interesting. Never took Jun for someone who would talk 43 to the cops. But whatever. So what, who hasn’t been to Miller 44 Tower? It’s the tallest building in the city. Everyone’s been 45 around there. There are some good bands at the street festival 46 nearby. 47 Bahmani: Cage saw you there on October 31, the night of the 48 robbery. 49 Cameron: I don’t know about that. I think Jun must have had some 50 bad kebabs. Must have confused the dates or me with somebody 51 else. 52 Bahmani: You calling Cage a liar? 53 Cameron: No. I just…I don’t know. I wasn’t there. 54 Bahmani: Know of any reason Cage would lie about seeing you 55 taking videos on your phone of Miller Tower and seeing you exit 56 the security door by the alley on Halloween? 57 Cameron: No. Maybe it’s time Jun invested in some glasses? All 58 that smoke in those tiny carts can’t be good for your eyes. 59 Bahmani: Yeah, ok. Sure. How about Ivy Lane? Remember being 60 there? 61 Cameron: I’ve definitely never been there. Can’t afford that 62 rent. 63 Bahmani: So Cage is lying again, huh? 64 Cameron: No, now you are lying. Jun doesn’t work the Oakley 65 carts. Jun doesn’t like to go that far from Walton Park. 66

Revised 8/27/23

Bahmani: Must be Cage’s mistake again, right? Even if Cage is 67 seeing your doppelgänger and it’s all a big misunderstanding. It 68 must be a perfect clone because your DNA is all over that place, 69 Poe. 70 Cameron: Come again? 71 Bahmani: We’ve got a 100% match on your DNA at Ivy Lane. 72 There’s no one it could be except you. 73 Cameron: That’s not possible. 74 Bahmani: I know you were in Memphis Raynes’s apartment, Poe. 75 Coming clean will help you later when the judge is deciding what 76 age you’ll be when you finally get parole. 77 Cameron: Yeah, ok. Fine. I’ve been to Memphis’s apartment 78 before. No crime to visit your sibling. 79 Bahmani: Thought you said those luxury places weren’t your 80 scene. 81 Cameron: Memphis’s apartment is a studio apartment dump in 82 Silverton. It’s like $500 a month. Nothing swanky. 83 Bahmani: You are so quick. Smart. Must be why they brought in 84 Memphis so they could also get you involved in this heist. I’m 85 not talking about Memphis’s apartment in Silverton. I’m talking 86 about the one at Ivy Lane. 87 Cameron: [laughing] As if Memphis could get a place at Ivy Lane! 88 Do they rent to felons? I imagine the moment Memphis set foot in 89 Oakley, you all were finding a reason to pull Memphis over and 90 search the car. Can I go? Those fish are calling my name. 91 Bahmani: Afraid not. When you all cleaned out Memphis’s 92 apartment, you forgot to look in the dishwasher. 93 Cameron: What are you talking about? 94 Bahmani: Dirty dishes had your prints and DNA all over them. 95 100% match. So you’ve definitely been in Memphis’s apartment at 96 Ivy Lane. 97 Cameron: My DNA on Memphis’s dishes isn’t a crime. We’re 98 siblings. Besides our mom is always making me take her 99 casseroles over to Memphis. If she doesn’t see food in front of 100

Revised 8/27/23

you, she gets really worried, you know? Just ask her about it. 101 She’ll talk your ear off about her casseroles. 102 Bahmani: Look, Poe. You know we searched your place after we 103 arrested you, right? 104 Cameron: I assumed you would. 105 Bahmani: Didn’t find much. 106 Cameron: That’s because I didn’t do anything. You’re chasing 107 windmills. 108 Bahmani: [clanking noise of something hard set down on a hard 109 surface] Maybe I am. But I was just curious about this ring we 110 found in your apartment. This yours? (Exhibit 7) 111 Cameron: Let me see it. Yeah, that’s mine. Why? 112 Bahmani: It’s pretty unique. 113 Cameron: Did you want to buy it or something? 114 Bahmani: Just seems out of place that’s all. 115 Cameron: That wasn’t part of the loot taken from Miller Tower. 116 Are you for real? It’s just a ring I found on the internet and 117 thought looked cool. 118 Bahmani: And how would you know what items were taken from 119 Miller Tower, Poe? 120 Cameron: [pause] That’s not what I said. Look. you can have a 121 nice day...or not. I’ve got nothing to say to you. Unless you 122 are going to charge with me something serious, I’m leaving right 123 now. 124 Bahmani: Listen Poe, you and I got off on the wrong foot here. 125 That’s my bad. Let’s try this again. You want some water or food 126 or something? 127 Cameron: [exhales] Water would be nice, yeah. 128 Bahmani: Malus, can you get Poe some water? Thanks. Listen 129 Poe, I know how you grew up. I know about Memphis’s criminal 130 history, and how it wasn’t just in Memphis’s past. I’ve been 131 asking around and I know about how Memphis treated you. You 132

Revised 8/27/23

didn’t want to be a part of this. I know that. Just let me help 133 you, alright? 134 Cameron: Memphis never did nothing to me. 135 Bahmani: You and I both know that’s not true. Memphis has been 136 awfully rough on you over the years, and you’ve played the good 137 sibling and never said a word about it. 138 Cameron: So? 139 Bahmani: So I think this isn’t who you are. I think you got 140 mixed up in something big, and someone got hurt, and you didn’t 141 know that was going to happen. I think Memphis made you do it. 142 I don’t think you’re the type of person that goes around robbing 143 and beating people up. 144 Cameron: I’m not. 145 Bahmani: Exactly. So let me help you here. 146 Cameron: [heavy sigh] Ok 147 Bahmani: Smart move. But Poe, listen, I can only help you if 148 you’re honest with me. I can’t help you if you’re protecting 149 Memphis. A life of crime isn’t who you are, and it isn’t who 150 you want to be. 151 Cameron: [Indecipherable] 152 Bahmani: Did you just say Memphis threatened you? 153 Cameron: [pause] I said I want my lawyer. 154 Bahmani: Don’t do that. Don’t protect Memphis. I can’t help you 155 if you lawyer up, Poe. I know Memphis put you up to this and I’m 156 trying to help you here. 157 [pause] 158 Bahmani: Poe, tell me more about Memphis threatening you. No one 159 wants to punish you if you were forced into this, Poe.Do the 160 right thing here. 161

Revised 8/27/23

Cameron: [heavy sigh] Huh uh. Nope. I’m not saying anything. 162 We’re through here. You have to let me talk to my lawyer. 163 Bahmani: You’re making a mistake. But fine. We’ll end it here. 164 Time is 2:05 pm. 165

[END OF RECORDING] 166

C E R T I F I C A T E 167

STATE OF MIDLANDS : 168

: SS 169

COUNTY OF CHARLOTTE : 170

I, RIA DEBNATH, the undersigned, a duly qualified and 171

commissioned notary public within and for the State of Midlands, 172

do hereby certify that the foregoing is the interview given at 173

the date and place stated herein, that said interview was 174

transcribed with computer-aided transcription from an audio 175

recording; that I am neither a relative of nor attorney for any 176

of the parties to this cause, nor relative of nor employee for 177

any of their counsel, and have no interest whatever in the 178

result of the action. 179

IN WITNESS WHEREOF, I hereunto set my hand and official 180

seal of office at Midlands Center, Midlands this 10th day of 181

June 2023. 182

_________________________ 183

/s/RIA DEBNATH 184 MINOR ADDENDUM RE: EXHIBIT NUMBERS ADDED; NO 185

OTHER CHANGES. 186

187

IN WITNESS WHEREOF, I hereunto set my hand and official 188

seal of office at Midlands this 15th day of July 2023. 189

_________________________ 190

/s/RIA DEBNATH 191

EXHIBITS

Revised 8/27/23

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MIDLANDS RESIDENTIAL LEASE AGREEMENT

1. THE PARTIES. This Midlands Lease Agreement (the “Agreement”) made on 08/09/2022 is between: Landlord Name: Blaise Nova obo Ivy Lane Luxury Apartments (the “Landlord”) Landlord Address: Ivy Lane Luxury Apartments, 2507 University Avenue, Santa Ivo City, Midlands, 20231, AND Tenant Name(s): Memphis Raynes (the “Tenant”). The Landlord and Tenant are collectively referred to in this Agreement as the “Parties.” HEREINAFTER, the Tenant agrees to lease the Premises from the Landlord under the following terms and conditions:

2. PROPERTY. Landlord hereby leases the property located at

Ivy Lane, Unit 322, 2507 University Ave., Santa Ivo, ML 20231 to the Tenant (the “Premises”).

3. LEASE TYPE. This lease shall be considered a: (check one) ☒ - Fixed Lease. The Tenant shall be allowed to occupy the Premises starting on 08/09/2022 and ending on 11/09/2022 (the “Lease Term”). At the end of the Lease Term, the Tenant: (check one)

☒ - Can continue to lease the Premises on a month-to-month basis, under the same terms as this Agreement.

☐ - Must vacate (leave) the Premises.

☐ - Month-to-Month Lease. The Tenant shall be permitted to occupy the Premises on a month-to-month basis starting on [MM/DD/YYYY] and ending upon a notice of [#] days from either party, in accordance with State law (the “Lease Term”).

4. RENT. The rent to be paid by the Tenant to the Landlord throughout the Lease Term is to be

made in monthly installments of $1500.00 (the “Rent”). The Rent shall be due on the 1st day of each month (the “Due Date”). The Rent shall be paid via the following instructions: in- person via check or via the Ivy Lane mobile app.

Exhibit 12

5. LATE FEE. If Rent is not paid by the Due Date: (check one)

☒ - The Tenant will be charged a fee of $$500. Rent is considered late if it has not been paid within 7 day(s) after the Due Date. ☐ - There shall be NO Late Fee if the Rent is late.

6. PRORATION PERIOD. The Tenant: (check one) ☐ - Shall take possession of the Premises before the start of the Lease Term on [MM/DD/YYYY] and agrees to pay a total of $[AMOUNT] for the proration period (the “Proration Rent”). The Proration Rent shall be paid by the Tenant upon the execution of this Agreement.

☒ - Shall NOT be taking possession of the Premises before the start of the Lease Term.

7. SECURITY DEPOSIT. As part of this Agreement: (check one)

☒ - The Landlord requires a payment of $1500 (the “Security Deposit”) for the faithful performance of the Tenant under the terms and conditions of this Agreement. The Security Deposit is required by the Tenant upon the execution of this Agreement. The Security Deposit shall be returned to the Tenant within [#] days after the end of the Lease Term, less any itemized deductions. This Security Deposit shall not be credited towards any Rent unless the Landlord gives their written consent. ☐ - The Landlord does NOT require the Tenant to pay a Security Deposit as part of this Agreement.

8. RETURNED CHECKS (NON-SUFFICIENT FUNDS). If the Tenant pays the Rent with a

check that bounces due to insufficient funds: (check one) ☒ - The Tenant will be required to pay a fee of $50 per incident. ☐ - The Tenant will NOT be required to pay a fee.

9. OCCUPANTS. The Premises is to be occupied strictly as a residential dwelling with the

following individual(s) in addition to the Tenant: (check one)

☐ - N/A (the “Occupant(s)”).

☒ - There are NO Occupant(s) in addition to the Tenant.

10. MOVE-IN INSPECTION. Before, at the time of, or shortly after move-in, the Landlord and Tenant: (check one)

☐ - Agree to inspect the Premises and write any present damages or needed repairs on a move-in checklist.

☒ - Shall NOT inspect the Premises or complete a move-in checklist.

11. FURNISHINGS. The Premises is: (check one) ☐ - Furnished (or will be furnished) with the following items: [IF FURNISHED, LIST ALL ITEM(S) HERE].

☒ - NOT furnished.

12. UTILITIES. The Landlord shall pay for the following utilities and services to the Tenant, with any absent being the responsibility of the Tenant: Water and Garbage Collection.

13. PARKING. The Tenant (check one): ☐ - Is allotted [#] parking space(s): ☐ - Free of charge (included in the Rent). ☐ - At a cost of $[FEE] to be paid ☐ upon execution of this Agreement | ☐ monthly. ☒ - Is NOT provided parking.

14. PETS. The Tenant is: (check one) ☐ - Permitted to have [#] pet(s) on the Premises, ONLY consisting of (list pet types): [LIST ALL PERMITTED PET TYPE(S)].

If permitted, the Landlord shall charge a refundable pet deposit of $[AMOUNT] to cover potential damage to the Premises caused by the Tenant’s pet(s).

☒ - NOT permitted to have pets of any nature on the Premises.

15. SMOKING POLICY. Smoking on the Premises is: (check one) ☐ - Permitted ONLY in the following area(s): [PERMITTED AREA(S)]. ☒ - Prohibited on the Premises and all Common Areas.

16. SALE OF PROPERTY. If the Premises is sold during the Lease Term, the Tenant is to be notified of the contact details of the new Owner, and if there is a new Manager, their contact details for repairs and maintenance also shall be forwarded to the Tenant. If the Premises is conveyed to another party, the new owner: (check one) ☐ - Has the right to terminate this Agreement by providing [#] days’ notice to the Tenant. ☒ - Does NOT have the right to terminate this Agreement.

17. NOTICES. Any notice sent by the Landlord or the Tenant to each other shall use the following addresses:

Landlord Mailing Address: 2507 University Ave. Unit 001, Santa Ivo, ML 20231 Tenant Mailing Address: 2507 University Ave. Unit 322, Santa Ivo, ML 20231

18. ACCESS. Upon the beginning of the proration period or the start of the Lease Term, whichever is earlier, the Landlord agrees to give the Tenant access in the form of keys, fobs, cards, or any type of keyless security entry as needed to enter the common areas and the Premises. Duplicate copies of the access provided may only be authorized under the consent of the Landlord and, if any replacements are needed, the Landlord may provide them for a fee. At the end of this Agreement, all access provided to the Tenant shall be returned to the Landlord or a fee will be charged to the Tenant or subtracted from the Security Deposit.

19. RIGHT OF ENTRY. The Landlord shall have the right to enter the Premises during normal working hours by providing at least twenty-four (24) hours’ notice to inspect and make necessary repairs/alterations/improvements for any reasonable purpose. The Landlord may exhibit the Premises to prospective purchasers, mortgagees, or lessees upon reasonable notice.

20. ATTORNEYS' FEES. Should it become necessary for the Landlord to employ an attorney to

enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, the Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.

21. NOISE. The Tenant agrees not to cause or allow any noise or activity on the Premises

which might disturb the peace and quiet of another Tenant and/or neighbor. Said noise and/or activity shall be a breach of this Agreement.

22. GUESTS. There shall be no other persons living on the Premises other than the Tenant and

any Occupant(s). Guests of the Tenant can stay on the Premises for periods not lasting for more than forty-eight (48) hours, unless otherwise approved by the Landlord in writing.

23. EQUAL HOUSING. If the Tenant possesses any mental or physical impairment, the Landlord shall provide reasonable modifications to the Premises unless the modifications would be too difficult or expensive for the Landlord to provide. Any impairment(s) of the Tenant are encouraged to be provided and presented to the Landlord in writing as to provide the Landlord with ample time to seek the most appropriate route for providing said modifications to the Premises.

24. WAIVER. No delay or failure of the Landlord to enforce any part of this Agreement shall be

deemed as a waiver thereof, nor shall any acceptance of any partial payment of Rent or any other amount due be deemed a waiver of the Landlord’s right to the entire amount due.

25. MAINTENANCE, REPAIR, & ALTERATIONS. The Tenant will, at the Tenant’s sole

expense, keep and maintain the Premises in a good, clean, and sanitary condition and repair during the Lease Term and any renewal thereof. The Tenant shall be responsible to make all repairs to the Premises, fixtures, appliances, and equipment therein that may have been damaged by the Tenant’s misuse, waste, or neglect, or that of the Tenant’s family, agents, or visitors. The Tenant agrees that no painting or alterations will be performed on or about the Premises without the prior written consent of the Landlord. The Tenant shall promptly notify the Landlord of any damage, defect, or destruction of the Premises or in the event of the failure of any of the appliances or equipment. The Landlord will use its best efforts to repair or replace any such damaged or defective areas, appliances, or equipment.

26. PREMISES DEEMED UNINHABITABLE. If the Premises is deemed uninhabitable due to

damage beyond reasonable repair, the Tenant will be able to terminate this Agreement by written notice to the Landlord. If said damage was due to the negligence of the Tenant, the Tenant shall be liable to the Landlord for all repairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord.

27. DEFAULT. If the Tenant fails to comply with any of the financial or material provisions of this

Agreement, or of any present rules and regulations or any that may be hereafter prescribed by the Landlord, or materially fails to comply with any duties imposed on the Tenant by State laws, within the time period after delivery of written notice by the Landlord specifying the non-compliance and indicating the intention of the Landlord to terminate the Agreement by reason thereof, the Landlord may terminate this Agreement. If the Tenant fails to pay the Rent by the Due Date and the default continues for the time-period specified in the written notice thereafter, the Landlord may exercise any and all rights and remedies available to the Landlord at law or in equity and may immediately terminate this Agreement.

The Tenant will be in default if: a. The Tenant does not pay the Rent or any other amounts as they are owed; b. The Tenant, their guests, or the Occupant(s) violate this Agreement, or fire, safety,

health, and/or criminal laws, regardless of whether arrest or conviction occurs; c. The Tenant abandons the Premises; d. The Tenant gives incorrect or false information in the rental application;

e. The Tenant, or any Occupant(s), are arrested, convicted, or given deferred adjudication for a criminal offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under Midlands statute;

f. Any illegal drugs or paraphernalia are found in the Premises or on the person of the Tenant, guests, or Occupant(s) while on the Premises; and/or

g. As otherwise allowed by law. 28. ABANDONMENT. Abandonment shall have occurred if, without notifying the Landlord, the

Tenant is absent from the Premises for the Midlands-mandated minimum time period, or seven (7) days, whichever length of time is less. In the event of Abandonment, the Landlord will have the right to immediately terminate the Agreement and remove the Tenant’s personal possessions.

29. POSSESSION. The Tenant has examined the condition of the Premises, and by taking

possession acknowledges that they have accepted the Premises in good order and in its current condition except as herein otherwise stated. Failure of the Landlord to deliver possession of the Premises at the start of the Lease Term to the Tenant shall terminate this Agreement at the option of the Tenant. Furthermore, under such failure to deliver possession by the Landlord, and if the Tenant cancels this Agreement, the Security Deposit (if any) shall be returned to the Tenant along with any other pre-paid rent and fees, including any fee paid by the Tenant during the application process before the execution of this Agreement.

30. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Agreement or sublet

any portion of the Premises without prior written consent of the Landlord, which shall not be unreasonably withheld.

31. JOINT AND SEVERAL. If the Tenant is comprised of more than one person, each person

shall be jointly and severally liable under this Agreement. 32. HAZARDOUS MATERIALS. The Tenant agrees to not possess any type of personal

property that could be considered a fire hazard such as a substance having flammable or explosive characteristics on the Premises. Items that are prohibited to be brought into the Premises other than for everyday cooking or the need of an appliance includes, but is not limited to, gas (compressed), gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other related content in the form of a liquid, solid, or gas.

33. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any

reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

34. RETALIATION. The Landlord is prohibited from making any type of retaliatory acts against the Tenant including, but not limited to, restricting access to the Premises, decreasing or canceling services or utilities, failing to repair appliances or fixtures, or any other type of act that could be considered unjustified.

35. INDEMNIFICATION. The Landlord shall not be liable for any damage or injury to the Tenant,

or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, and the Tenant agrees to hold the Landlord harmless from any claims or damages unless caused solely by the Landlord’s negligence. It is recommended that renter’s insurance be purchased at the Tenant’s expense.

36. GOVERNING LAW. This Agreement shall be governed by the laws of the state of Midlands. 37. LEAD-BASED PAINT. The Premises (check one): ☐ - Was built prior to 1978. An attachment titled “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards” has been affixed to the Agreement and must be initialed and signed by the Parties. ☒ - Was NOT built prior to 1978.

38. ADDITIONAL PROVISIONS.

N/A.

39. ENTIRE AGREEMENT. This Agreement contains all the terms agreed to by the Parties and may be modified or amended only by written agreement signed by the Landlord and Tenant. This Agreement replaces all previous discussions, understandings, and oral agreements. The Parties agree to the terms and conditions and shall be bound until the end of the Lease Term. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed on the day and year first above written. Landlord’s Signature: __/s/Blaise Nova___________________ Date: 08/09/2022

Printed Name: Blaise Nova

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Tenant’s Signature: __/s/Memphis Raynes ________________ Date: 08/09/2022

Printed Name: Memphis Raynes

302 FORM—RECORDED LINE TRANSCRIPT

Date: December 23, 2022 Time: 3:31AM (Midlands Standard Time) Duration: 5 min 32 sec

Note: Suspect utilized voice masking technology for the entire duration of the phone call.

*Start of conversation* 03:31:02

Suspect (S): Good evening, *NAME REDACTED* Congratulations on your winning bids for “Portrait of Lady Georgia,” “Lord Felder,” and “Columbia River.” Are you available to talk?

Informant (I): Oh, hello! Yes, I'm here. I'm thrilled about winning the auction. Your reputation precedes you, you know. Can I have your name?

S: What do you think?

I: Can’t blame a guy for trying.

S: Now, for the payment, I assume Bitcoin works for you?

I: Of course. I’m familiar with your work. I guess that’s why I received an invite for your little auction, isn’t it?

S: Who exactly are you representing in this transaction? Everyone knows you’re a middleman.

I: Well, let's just say it’s a very influential and discerning individual who prefers to remain anonymous. Friends of some of your prior clients out East.

S: I see. Well, I have my blockchain information ready to go.

I: Not so fast. My client is…uh…seeking certain assurances. You following me?

S: What kind of assurances?

I: Well, beyond the standard provenance and authentication stuff, they’re going to need proof of possession and condition. Detailed, high-resolution photos. I wouldn’t normally do this, but I’m sure you can understand given the…distressing nature of the reports surrounding the acquisition of the painting. Not your cleanest job, was it?

S: (Silence)

I: Hello?

Exhibit 13

S: Is that really necessary?

I: That's precisely what my client insists upon. Plus, you’re not really in a position to negotiate here, are you? What are you going to do, re-list it like they do on eBay?

S: (Silence) S: Fine. I'll get those to you as soon as possible. Standby for an encrypted chatroom link. Tell your client to have the funds ready.

I: Absolutely. My client is well-versed in handling transactions of this nature. We’re waiting on you.

*End of conversation* 03:36:34

Revised 8/27/23

Exhibit 14

Revised 8/27/23

Exhibit 15

Revised 8/27/23

Exhibit 16

ESD312: CONFIDENTIAL PROFILE

(for internal use only)

Subject: Targeted Morisot Theft Scheme Perpetrated by Unknown “Morisot Mastermind”

Profile Summary: The unknown criminal behind the five heists involving high-value paintings by the artist Morisot demonstrates an exceptional level of sophistication, intelligence, access to significant resources, potentially possessing insider information. This profile aims to provide a comprehensive understanding of the subject's characteristics, motivations, and potential behavior patterns. Characteristics:

High Degree of Sophistication: The mastermind criminal exhibits a high level of sophistication in their operations. Their meticulous planning, attention to detail, and ability to navigate complex security systems suggest a refined and strategic mindset. This level of sophistication is consistent with individuals who hold positions where strategic thinking and attention to detail are paramount, like top-level business executives or high-ranking government officials. High Level of Intelligence: The subject's criminal activities reflect a high level of intelligence and problem-solving acumen. Their ability to identify valuable Morisot paintings, select suitable targets, and devise intricate plans to sell the paintings within a 48-hour window points to someone capable of planning and executing complex operations to the letter. These traits suggest the mastermind potentially underwent extensive education and possesses exceptional intellectual capabilities. Access to Significant Resources: The mastermind has access to substantial resources necessary to carry out their elaborate heists. The ability to assemble a team of skilled professional criminals capable of bypassing high-tech security systems, provide them with specialized equipment like signal

Exhibit 17

jamming devices, and disappear without a trace within 48-hours is an immense logistical feat. Coupled with the capability of the mastermind to orchestrate thefts in 5 cities nationwide, the evidence suggests an exceptionally wide-reaching criminal enterprise. Potential Insider Information: The fact that the teams of thieves were able to bypass security systems using forged security clearance documents suggests the presence of potential insider information in the thefts. The mastermind might potentially have connections within art world networks, such as art dealers, collectors, or museum staff, who provide them with privileged information on the targeted Morisot paintings. The criminals’ knowledge of dark web ecosystems and secure cryptocurrency transactions also suggests connections within the world of organized and cybercrime.

Behavioral Patterns:

Calculated Risks and Precision: The mastermind demonstrates a methodical and calculated approach to their criminal activities. They carefully assess risks, minimizing the chances of detection and maximizing the probability of success. They display extensive knowledge of security systems of various types, and the ability to outmaneuver or subdue security personnel. Discretion and Secrecy: The subject maintains a highly discreet profile, operating in secrecy to minimize the chances of detection. Review of security footage from the 5 thefts suggests that the mastermind might have used different crew members for each theft. Taking into consideration the mastermind’s likely analytical and strategic acumen, it seems unlikely that they would themselves be present at the scenes of the theft. The ability to maintain and disappear a network of potentially dozens of criminals over a course of 5 years is evidence of an enterprise held together by discretion and secrecy. To communicate with his team on the ground, the mastermind potentially employs sophisticated communication methods and counterintelligence measures to ensure their identity remains concealed. Selective Targets: The mastermind's focus on high-value Morisot paintings

indicates a personal interest beyond financial gain. This suggests a potential appreciation for art or a hidden motive related to Morisot's work. Investigative efforts should explore any personal connections, such as personal collections, business relationships, or social affiliations, that may link the subject to the artist or the art world. The mastermind may have developed a deep admiration for Morisot's artwork and found personal inspiration within her paintings. They could be captivated by her depictions of femininity, the subtle play of light, and the delicate brushwork. This personal connection might have motivated the criminal to target Morisot's paintings specifically, driven by an intense desire to possess and appreciate her works. The mastermind may be an avid art collector or an enthusiastic

follower of Morisot's work. They might possess an intricate knowledge of the art market and recognize the significant value of Morisot's paintings. The criminal's interest could stem from a desire to build a personal collection or from the intention to sell the stolen paintings to other collectors or buyers who share their appreciation for Morisot's art. Alternatively, the mastermind could have a hidden agenda or personal vendetta related to Morisot or her artwork. There might be a concealed history or past connection between the criminal and the artist, such as a personal connection or a perceived injustice involving Morisot's work or legacy. This hidden agenda might drive the criminal's actions, seeking to gain control over her paintings as a form of revenge or to manipulate the art market. Evolving Tactics: Given the subject's high level of intelligence and adaptability, it is likely they will evolve their tactics to outwit law enforcement. This includes adjusting their modus operandi, targeting different regions or countries, or diversifying their criminal activities to different dark web marketplaces as more get shut down. In 2019, after the mastermind’s preferred marketplace over the first two thefts, Dream Market, was seized by the FBI, the Morisot sales moved to Apollon. The third stolen Morisot was sold on Apollon in 2020. When Apollon closed that same year, auctions moved to Hydra, a Russian marketplace, where the fourth and fifth auctions took place in 2021. This adaptability suggests the mastermind might further refine their tactics, adopting higher tier security measures and trace proof encryption standards.

So It Was Written March 15 2022

The latest news, hotspots, and social trends for Santa Ivo City, Midlands

OTHER BREAKING MIDLANDS NEWS:

RISING PHOENIX?

Could recent Midlands Center ash pile Chuggie’s

be making a triumphant return to downtown?

SLING-A-BLADE FUN

New City hotspot Al’s Axe World Emporium opens

this weekend to mixed reviews and minor injuries!

SWIPE LEFT

Former king of dating apps, Tender, will shut down for good after a

billion-dollar verdict against Tender for privacy violations was announced

A harbinger of doom? By Abby Chase

MSIG’s newest security installation for Miller Tower could spell danger for Santa Ivo City residents.

B.F. De la Porta’s security technologies firm, MSIG, recently purchased the naming rights for Miller Tower’s renovated event hall space. Apparently, De la Porta wasn’t satisfied with just having MSIG’s name on wall because today De la Porta announced that MSIG has just finished installing a state-of-the-art MSIG Mach 10 Titanium (“M10T”) vault on the 40th floor of Miller Tower.

While De la Porta is no stranger to showing off MSIG’s high tech toys (remember that wild treasure hunt for Midlands’ original draft Constitution that went viral on Tikchat?), the question remains “why?” Why would Miller Tower need such a high-level security item like the M10T vault? Everyone knows that City’s crime rates are extremely low, almost nonexistent, when compared to our Midlands sister city Midlands Center. What even is the M10T vault going to protect? Who is going to use the vault?

Exhibit 18

Anonymous sources within the Miller Tower security office have openly discussed concerns of Tower security’s ability to adequately protect whatever it is that De la Porta believes justifies installing the vault. While millions were spent to build the high-rise vault, the security guard union members wondered aloud why that money couldn’t have been used for adequate staffing and security equipment.

SIWW was able to gain exclusive access to the blueprints for the M10T vault, though we obviously cannot post them here without facing serious legal action from MSIG. Whatever De la Porta expects people to secure in the M10T vault will be well- protected—even if the security guards on the outside may be scarce and undertrained. The M10T vault is a state-of-the-art design complete with advanced identification features to limit access to the vault. For example, the identification system has a double verification system that requires retinal and biometric scans of anyone that tries to enter the vault.

Hopefully, De la Porta’s shiny new toy doesn’t attract unwanted attention from the criminal minds that keep dominating the headlines in Polk and Breckinridge counties. We won’t have to wait for too long to find out. During the news conference to unveil the M10T vault at Miller Tower, De la Porta shocked Santa Ivo City’s 1%’ers by announcing De la Porta’s annual charity gala would move from its traditional home at Harper Country Club in Santa Ivo Heights to downtown Santa Ivo in the MSIG Event Hall at Miller Tower. De la Porta promised “this year’s charity gala will bring more money and more attention to Santa Ivo than ever before! I’m not above robbing every one of our gala’s guests myself if it means more money for the Sohi Children’s Hospital!”

De la Porta promised that invitations for the charity gala would be sent out soon and boasted that “the good people of Santa Ivo will be shocked at the items that I have managed to get donated for this year’s silent auction.” All eyes will be on Miller Tower and its new M10T vault on Halloween night.

“

Santa Ivo Tech Talk Alumni Newsletter for Santa Ivo City’s Nationally Ranked Business and Trade School

SEPTEMBER 2022

IN THIS ISSUE

“Managing Executive Egos”

Our review of Skye Martin’s newest bestseller

Never too old for attention

Kirby Doolittle’s “good vibes” home delivery service for eldery citizens begins in Santa Ivo next month

Peaking at the right time

Extreme Tikchat star Prof. Billi Johnson discusses new study abroad program in Nepal

1 minute sales pitches: De la Porta’s winning tips on finding capital investors By Francis Leo, II. S.I.T. Class of ‘20

Fresh off the set of another successful season of “Investment Mavens,” Santa Ivo City’s own self-made mega-millionaire, Berkley F. De la Porta, sat down with S.I.T. Talk to discuss the best way to win over capital investors. Luckily, De la Porta gave us longer than the startups pitches get on “Investment Mavens.”

As the President & CEO of MSIG, De la Porta travels the global making deals with heads of state and security firms for MSIG’s latest military-grade surveillance technology. No stranger to the art of negotiation, De la Porta credits, “my ability to think on my feet and quick wit” in getting MSIG off the ground.

“You need to be thinking four steps ahead. It’s chess, not checkers out there,” De la Porta quipped. “I always make sure I know everything, everything, about everyone and everyting involved in whatever I’m doing. No detail is unimportant. You never know when an obstacle will pop up.

Exhibit 19

So you have to carry an axe with you at all times.” Note, De la Porta later clarified that the “axe” is your wit and not to be taken literally. “Unless of course MSIG makes axes, then you should all carry one around,” De la Porta joked.

De la Porta offered the following advice for all of S.I.T.’s entrepernuerial students: “Most of the time you have, maybe, a few minutes to get someone interested in your product. Find a way to be clear and consise. Get in and out in. Gone! In about 60 sec. That’s my best advice.”

De la Porta’s parting advice was to make sure you take the time to find other activities and interests outside of your professional life. “It’s silly but I love online auctions. The thrill of going up against unknown bidders is fun to me. But most of all, I love paintings by Berthe Morisot and hard to find historical documents. Find out what moves you and never stop doing it. I will stop at nothing until all of Morisot’s paintings are hanging on my wall!”

De la Porta’s annual charity gala will be held at Miller Tower this Halloween. It is a change of venue for De la Porta’s charity gala which had been hosted at Harper’s Country Club for the last few years. De la Porta promised that the event and silent auction items would be talked about for years to come!

If you’re unable to attend the charity gala, but are interested in donating to Sohi Children’s Hospital, the MSIG web site has a donation page ready to take your payment information. Every dollar raised helps a child heal!

PUBLIC RECORDS REQUEST Search Results: JURISDICTION: <<Midlands, USA>> NAME: CAMERON, POE DOB: 3/24/2003 ADDRESS: 1734 Halcon Rojo Drive, Santa Ivo City, Midlands Records Found: 01 Search Results: JURISDICTION: <<ALL OTHER DOMESTIC U.S. STATES>> NAME: CAMERON, POE DOB: 3/24/2003 ADDRESS: 1734 Halcon Rojo Drive, Santa Ivo City, Midlands Records Found: 00

Exhibit 20

Record Name: CAMERON, POE Jurisdiction: <<Midlands, USA>> Source: Charlotte County Circuit Court Type: Criminal DOB: 3/24/2003 Address: 1734 Halcon Rojo Drive, Santa Ivo City, Midlands Case #: 21CRB-10-050 Description: Petty Theft Case Type: Misd-1 Court: Charl Co. Disposition: G Plea Filing Date: 6/17/21 Amended Disposition: N/A Disposition Date: 7/28/21 Sentencing: 50 hours CS;

$250 fine + costs; stay away

Summary of case: Defendant was caught shoplifting from art museum gift shop. Defendant was stopped by security after last point of sale. Defendant told LEO that Defendant’s sibling (known felon RAYNES, MEMPHIS DOB 6/19/99) made Defendant steal from the museum. Defendant was sentenced to complete 50 hours of community service. $250 fine imposed. Costs of prosecution charged to defendant. Defendant ordered to stay away from victim business location. No appeal was filed.

CHARLOTTE COUNTY CLERK OF COURTS CERTIFICATE

I, Douglass Allrick, Director of the Criminal Records Division, of the Charlotte County Clerk of Courts, do hereby certify that I am the custodian of the records of Criminal Records Division and that the Criminal Records Division is responsible for maintaining records of criminal convictions in Charlotte County, Midlands. I further certify that the attached

Conviction of CAMERON, POE Case #: 21CRB-10-050 is a true and accurate copy. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the State of Midlands, this August 15, 2023.

D. Allrick

PUBLIC RECORDS REQUEST Search Results: JURISDICTION: <<Midlands, USA>> NAME: RAYNES, MEMPHIS DOB: 6/19/1999 ADDRESS: 1734 Halcon Rojo Drive, Santa Ivo City, Midlands Records Found: 02 Search Results: JURISDICTION: <<ALL OTHER DOMESTIC U.S. STATES>> NAME: RAYNES, MEMPHIS DOB: 6/19/1999 ADDRESS: 1734 Halcon Rojo Drive, Santa Ivo City, Midlands Records Found: 00

Exhibit 21

Record Name: RAYNES, MEMPHIS Jurisdiction: <<Midlands, USA>> Source: Charlotte County Circuit Court Type: Criminal DOB: 6/19/1999 Address: 1734 Halcon Rojo Drive, Santa Ivo City, Midlands Case #: 17CRB-06-0613 Description: B&E Case Type: Felony-5 Court: Charl Co. Disposition: G Plea Filing Date: 6/19/2017 Amended Disposition: N/A Disposition Date: 8/25/2017 Sentencing: 5yr Basic Sup;

$2000 fine + costs; stay away

Summary of case: Defendant gained entry to a high-end antique business through the use of force while the business was closed. Security alarm system notified LEO of trespass. Defendant was arrested attempting to flee scene. Defendant was sentenced to 5 years basic community control supervision. $2000 fine imposed. Costs of prosecution charged to defendant. Defendant ordered to stay away from victim business location. No appeal was filed. Case #: 19CRB-03-0872 Description: Agg Safe

Cracking Case Type: Felony-4

Court: Charl Co. Disposition: G Plea Filing Date: 3/15/2019 Amended Disposition: Nolle Burg (F2) Disposition Date: 11/18/2019 Sentencing: 18m MDRC sent;

costs; stay away Summary of case: Defendant gained entry to a jewelry business through the use of force while the business was closed. Defendant used physical harm against security guard to gain entry. Defendant broke into the safe and fled with cash and jewels. Defendant was arrested by LEO after an extended pursuit. Defendant was ordered to serve 18 months in the Midlands Dept of Correction. Credit 28 days. Costs of prosecution charged to defendant. Defendant ordered to stay away from victim business. No appeal was filed. Defendant was released at 80% time completed.

CHARLOTTE COUNTY CLERK OF COURTS CERTIFICATE

Convictions of RAYNES, MEMPHIS Case #: 17CRB-06-0613 & 19CRB-03-0872 is a true and accurate copy. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the State of Midlands, this August 15, 2023.

D. Allrick

Revised 8/27/23

Interview of Detective Kit Bahmani Transcript

Rao: Good morning. It’s August 15, 2023. My name is Maloney Rao and I am an attorney 1

from Spears, Debnath & Nickson LLC representing Berkley F. De la Porta in this 2

case. We are joined by Ali Blaine-Soucar from the Public Defender’s office, who is 3

representing Poe Cameron. We are here to ask you some questions regarding the 4

Miller Tower heist and your investigation of it. This is being recorded via iPhone 5

voice memo recorder. We will be having a transcription of the recording made for 6

both sides. 7

Almonte: Thank you, we appreciate that. This is Anant Almonte from the Charlotte County 8

DA’s office. I will be present throughout the interview. 9

Rao: Could you please state your name. 10

Bahmani: Kit Bahmani 11

Rao: What do you do for a living? 12

Bahmani: I’m a detective with the Santa Ivo Police Department. 13

Rao: How long had you been a detective? 14

Bahmani: Since April 2021. 15

Rao: Before the Miller Tower heist, what types of cases had you been a detective on? 16

Bahmani: I have worked a number of cases. I would say close to 85 before the heist as a 17

detective. Before that, I assisted other detectives on a number of other cases when I 18

was working the beat. 19

Rao: What is your work history before you were a detective? 20

Bahmani: Before I was on the force? Well, I was actually a dancer with the Santa Ivo City 21

Ballet for about three-- 22

Rao: I don’t care about what you did before you joined the police force. I’m just asking 23

what is your history as a police officer and/or detective. 24

Bahmani: I have an interesting back story. It’s a shame you don’t want to get into it now. I’ll 25

save the rest of it for the trial. 26

Exhibit 22

Revised 8/27/23

Rao: I look forward to hearing it then. What’s your work history on the force? 27

Bahmani: Well, I started out as a police officer in SIPD in 2010. I worked on patrol for 4 years 28

before being promoted to Sergeant in 2014. As a Sergeant I did field operation 29

supervision. That I did for about three years. Then starting in February of 2018, I 30

began working in the advance tactical training squadron, which included duties such 31

as SWAT. In late 2020, I decided to try for detective. I passed the exam and 32

completed all of the qualifications, including the interview and other evaluations, in 33

February of 2021. I completed all the necessary training and then was a detective as 34

of April 29, 2021. 35

Rao: What sorts of training did you have before you began training to be a detective? 36

Bahmani: I did the standard training at the Santa Ivo Police Academy. It was a 6-month course 37

that covered training in a number of areas including search and seizure, evidence 38

collection, crimes scenes and forensics, de-escalation techniques, patrol techniques, 39

traffic crimes, ethics, firearms training, report writing. That’s not a complete list, but 40

that’s a general list of the types of things we covered. 41

Rao: Do you have any other training from your job? 42

Bahmani: Yes. When I moved to the advance tactical training squadron, I had to do another 43

round of training on advanced tactical techniques. That was approximately three 44

months. Before that though, I also obtained a degree in Criminology from Santa Ivo 45

University. I then got a master’s degree in Forensic Science also from SIU. 46

Rao: What training did you have to become a detective? 47

Bahmani: The detective training course was just under three months long. This included 48

training in witness and suspect interviewing, evidence processing and crime scene 49

preservation, investigative operations—for things like surveillance, operational 50

planning, report writing, processing information request forms. And then we also did 51

some specific types of investigative training, like for identifying clandestine drug 52

labs, driving accidents, cyber crimes, fraud or financial crimes, etc. 53

Rao: You said that you had done about 85 cases as a detective. What types of cases were 54

you investigating? 55

Bahmani: Well, there isn’t a lot of major crimes in Santa Ivo. So – uh – uh most of the crimes 56

that I investigated had to do with property crimes or domestic violence. There were 57

Revised 8/27/23

some drug tracking cases that I worked on that lead to the drug rings centering 58

outside our jurisdiction. For a few months I worked over in Polk County—there are 59

some real great prosecutors over there. If you ever get a chance to work with them—60

they’re great— 61

Rao: What exactly did you do in Polk county? 62

Bahmani: There I worked on about 10 larger cases. There were three murders, a couple home 63

robberies and then a handful of assault and battery cases. Polk county does have it 64

rough in terms of the crime rate. We just don’t have that here in Charlotte. 65

Rao: So, the Miller Tower heist, that was a pretty big case, wasn’t it? 66

Bahmani: I would certainly characterize that as a big case. It had the most forensics and the 67

most evidence that I have ever had to deal with in a case before. 68

Rao: It had a lot of officers involved in it to, didn’t it? 69

Bahmani: Yeah. It was a large operation. I think there were about 20 officers at the scene itself. 70

Then about 3-5 crime scene technicians plus the forensic investigator overseeing the 71

forensic evidence. 72

Rao: It’s safe to say that you have never handled an investigation that large before? 73

Bahmani: That’s correct. Those types of large crimes are much more common in Polk County 74

than over here. 75

Rao: In fact, this is the first case that you were in charge of where you had to delegate 76

responsibilities to patrol officers? 77

Bahmani: Yes. This is the first investigation of it’s kind that I have done. I have great officers 78

who work under my command though, so I have little to no worries about the work 79

they did. 80

Rao: But you would agree with me that delegating investigative work to patrol officer’s is 81

not ideal, right? 82

Bahmani: I’m not sure what you mean by that. All patrol officers are trained on evidence 83

collection and scene handling. 84

Rao: But none of the patrol officers you were commanding were trained as detectives? 85

Bahmani: That is correct. 86

Rao: None of them were trained as detectives? 87

Bahmani: Correct. 88

Revised 8/27/23

Rao: None of them were trained in witness interviewing? 89

Bahmani: No. The basic police academy that all patrol officers go through does not train 90

officers in in-depth witness interviewing. 91

Rao: You yourself did not have the ability to talk to every single person at the scene that 92

night? 93

Bahmani: No. I delegated some of the work to the patrol officers, like Officer Rodrigo and 94

Officer Schaefer. 95

Rao: Despite the fact that you were only a detective for about 18 months before you began 96

investigating this case, you were the one called out to investigate the Miller Tower 97

heist? 98

Bahmani: Yes. 99

Rao: Why was that? 100

Bahmani: To be honest, it was Halloween. Policing on Halloween gets pretty crazy. I just 101

happened to be the only detective at the station when everything got called in. 102

Rao: So there are detectives more senior than you who could have handled this case? 103

Bahmani: There are. 104

Rao: And yet even after learning about the size and scope of this investigation, you didn’t 105

call up your department and say “hey this is a huge case, someone with more 106

experience than me should be handling it”, did you? 107

Bahmani: No. I didn’t. 108

Rao: After the night of, you didn’t go talk to any of the more experienced detectives and 109

ask them for help in dealing with a case this size? 110

Bahmani: No. 111

Rao: Now this investigation lasted for several months right? 112

Bahmani: Yes. I don’t remember the exact months, you will have to look at my report for that. 113

Rao: Throughout that entire time, you alone were the only detective assigned to this case? 114

Bahmani: The only one assigned from my department, yes. But I was also working with Agent 115

Shar Burke from the FBI. 116

Rao: You know that Agent Burke has had it out for my client for many years don’t you? 117

Revised 8/27/23

Bahmani: No. I’m not aware of that. From what I have seen Agent Burke is a thorough and 118

thoughtful agent. I have seen nothing in the FBI work or Agent Burke’s work that 119

suggests that Agent Burke “has it out” for De la Porta. 120

Rao: Sure Detective. We’ll just take your word for it. 121

Almonte: Are you going to ask another question? 122

Rao: Now, the real reason we are here today is to talk about the cyber-attack on the SIPD 123

evidence servers. You submitted an addendum to your report alerting us to the loss 124

of data, right? 125

Bahmani: Yes. Everything I have to say about that is in my report. 126

Rao: Yes. Your report is somewhat light on the details, so I want to ask you some 127

questions about it now. In that report, you mention several times about notes from 128

witness interviews that had been stored online. Do you still have copies of those 129

notes? 130

Bahmani: No. Those were also lost in the cyber-attack. Anything that was stored in our 131

evidence server and within the portal was lost. 132

Rao: So how do we have any copies of your reports or the notes from your viewing of the 133

security footage? 134

Bahmani: Those were all sent to Charlotte County DA’s office many months before the attack 135

happened. Anything that we sent to the DA’s office or that was physically stored in 136

our storage lockers were unaffected by the cyber-attack. 137

Rao: So you have no notes from your interviews with the witnesses from this case? 138

Bahmani: I wouldn’t agree with that. 139

Rao: Why not? 140

Bahmani: There are some notations within my report of the information provided during many 141

of the interviews. I also have transcripts of the interviews with Poe Cameron. In 142

addition, I have read through the witness statements of Orlov, Cosmos, Nova, and 143

Sands. All of those statements accurately describe what they told me during their 144

various interviews. 145

Rao: And how do you know those witness statements match your notes? 146

Bahmani: I didn’t say they match my notes, just that when I read those statements I recalled the 147

witnesses telling me those same things. 148

Revised 8/27/23

Rao: Your memory is just that good? 149

Bahmani: It was a pretty memorable event with pretty memorable people that I was talking to. 150

So, yes. 151

Rao: I don’t have any other questions right now. 152

Almonte: I have a couple. Detective, did the loss of notes from the cyber-attack impact the 153

accuracy of your report? 154

Bahmani: No, it did not. 155

Almonte: Why not? 156

Bahmani: Because I wrote the report and came to my conclusions about the investigation while 157

I had the notes with me. The notes from the conversations were not absolutely 158

critical to my investigation. If there was something important to the investigation—159

meaning that it would help me find the true perpetrators—then I noted it in my 160

report. I only lost access to the notes after the investigation was complete. 161

Almonte: You were asked a lot about your experience level. Did you ever feel like you needed 162

to ask for assistance on this case from other more experienced detectives? 163

Bahmani: No. 164

Almonte: If something had come up where you needed assistance would you have asked for it? 165

Bahmani: Of course. While this was a big case, it wasn’t so big that it was unmanageable. 166

Aside from the scene of the crime where there were about 200 people, there weren’t 167

any other parts of the case that were overly complex. The forensic folks handled 168

most of that stuff, so there was no time where I ever felt in over my head. 169

Almonte: Alright, I don’t have any other questions. Ali? 170

Blaine-Soucar: For once, I don’t have much to say. I want to save my questions for cross 171

examination. 172

Bahmani: That sounds ominous. 173

Blaine-Soucar: It should. 174

Rao: And with that, we will wrap this up. The interview is now concluded. I am turning 175

off the recording device now. 176

**End of Recording** 177

178

179

[TEAM SUPPLIED MASK]

Exhibit 23

Exhibit 24

[TEAM SUPPLIED PHOTO OF POE CAMERON]

Exhibit 25

[TEAM SUPPLIED PHOTO OF MEMPHIS RAYNES]

Exhibit 26

Heisman Memorial Teaching Hospital 1432 N. Alcatraz Way

Santa Ivo, ML

Sands, Emory Emergency Room Admission: 10/31/22 11:17pm AIending Physician: Vincent Larkyn, MD

Primary Diagnosis: Concussion/Hemorrhage, internal bleeding, broken ribs

Intake Notes PaQent presents with mulQple injuries. Per reporQng law enforcement, paQent suffered acute trauma from assault by mulQple assailants. PaQent was unconscious upon arrival and could not complete standard admission quesQons. PaQent appears to have been struck in the head, torso, and arms. Vitals BP 145/97 Pulse 72 Temp 36.8°C (98.2°F) Physical Examina5on ConsQtuQonal:

PaQent appears pale, unconscious, and with mulQple abrasions and laceraQons. Clothes are disheveled and spoIed with blood.

Head and Face: Head: PaQent’s hair has some blood caking but no clear trauma to the scalp area. PaQent has three disQnct areas of abrasion on their face. The first is the leb temple, which shows mulQple laceraQons, the longest of which is approximately 11 cm and reflects a gouging, ragged cut, consistent with being struck by a dull, hardened object. The second is paQent’s jaw, which has apparent ecchymosis. Finally, paQent’s face around their nose exhibits both apparent ecchymosis and hematoma. Right Ear: Tympanic membrane and ear canal are normal. External ear has several light abrasions, consistent with fricQon injury. Leb Ear: Tympanic membrane and ear canal are normal. External ear appears to have light edema at the base. Nose: Nose exhibits extensive hematoma, but septum appears intact and non-deviated. Mouth: Mucous membranes are moist. Apparent laceraQons on inside of lower lip. Some blood in saliva. Throat: Normal and atraumaQc.

Eyes: ConjuncQva/sclera: Sclera appears mildly inflamed, with reddening and clear vasodilaQon. ConjuncQva normal. Pupils: Pupils are of uneven size. Leb pupil appears more dilated and slower to respond to light. Right pupil reacts to light normally.

Exhibit

Cardiovascular: Rate and rhythm: Normal rate and regular rhythm. Heart sounds: Normal heart sounds. Pulmonary: Effort: Pulmonary effort is extremely labored and breathing is shortened.

Breath sounds: Slight rhonchi, indicaQons that paQent may have inhaled either blood or vomit from their mouth.

Chest and back: General: Chest sounds normal but paQent is significantly restricted in diaphragm movements. External examinaQon reveals mild contusions in three spots along collar bone and severe hematoma along the paQent’s leb side at the T10 and T11 ribs. PalpaQons: PalpaQons of T10 and T11 ribs on leb side indicates some slight movement of the T10 rib and a full dislocaQon of the T11 rib. The T11 rib appears parQally sunken into the abdominal cavity and dislocated from the T11 vertebrae.

Abdomen: General: Abdomen exhibits ecchymosis throughout as well as apparent edema. PalpaQons: Abdomen is firm and difficult to palpate. Upper limbs:

General: PaQent exhibits mild contusions to the right upper arm, near the shoulder, and leb lower arm, along the ulna. Musculoskeletal: No signs of fracture of any bones in either arm. No swelling or signs of muscular trauma.

Lower limbs: General: PaQent exhibits mild contusions to the right upper thigh and gluteus. Musculoskeletal: No signs of fracture of any bones in either leg.

Neurological: General: PaQent is unconscious. AIempts to revive were largely unsuccessful and halted due to concerns of intracerebral hemorrhage. Midazolam was administered accordingly to sedate paQent. Uneven dilaQon of pupils and abnormal response indicates potenQal cerebral trauma.

PotenQal IniQal Diagnoses and AcQons:

PaQent appears to have some degree of intracerebral hemorrhage, fractured rib, and potenQal internal hemorrhage of abdominal cavity.

Further sedaQon was ordered out of concern for cerebral damage. PaQent was sent to imaging for X-Rays of abdominal cavity and MRI of cranium. Radiology Report Radiologist: Shen Garvee Time and Date: 10/31/23 11:32pm Imaging Conducted:

Ventral and dorsal X-ray images of the T6 through T12 region of the rib cage and vertebrae were conducted. Further ventral images were taken of paQent’s abdomen. MRI was conducted on paQent’s cranium.

Radiologist Impressions:

X-Ray: PaQent has clear fracture and dislocaQon of T11 rib on leb side. T6-T9 ribs appear normal. T10 rib appear to be slightly dislocated from sternum with associated carQlage rupture. T12 rib appears normal. Cloudiness indicated T11 rib may have lacerated internal organs. MRI: Significant bleeding is present on paQent’s leb temporal and occipital lobes. Leb side of brain appears intact.

Progress Notes AIending Physician: V. Larkyn Time: 11:41pm AIending physician has reviewed Radiology Report. ConQnued sedaQon is ordered. PaQent is referred to surgical for craniectomy determinaQon and for abdominal surgery to address internal bleeding. Neurosurgery Notes Surgeon: Milosh Babbavoich Time: 11:46pm PaQent assessed for potenQal craniectomy. Review of MRI and examinaQon of paQent’s eyes and autonomic responses indicated some improvement in funcQon. Craniectomy not advised at this Qme. SedaQon ordered to conQnue with addiQonal propofol IV to begin medically induced coma. Abdominothoracic Surgery Notes Surgeon: Herbert East Time: 12:22am PaQent was admiIed for thoracic surgery. Three transverse incisions were made for the purposes of an exploratory laparotomy. Extensive laceraQons were found on the paQent’s stomach and colon, though no penetraQon or rupture was present. PaQent’s spleen was fully ruptured. T11 rib on let side was dislocated. PaQent also had several deep laceraQons to their diaphragm. EmbolizaQon of the diaphragm was conducted, as well as a complete splenectomy. Incisions were closed and paQent was monitored for further bleeding. External adjustment was effecQve in relocaQon T11 rib. Follow up imagine revealed subsiding of internal hemorrhaging. Progress Notes AIending Physician: V. Larkyn Time: 2:11am Vitals BP 126/81 Pulse 65 Temp 36.8°C (98.2°F) Follow-up diagnosis: PaQent suffered from severe intracranial hemorrhaging, as well as abdominothoracic hemorrhaging and splenorrhexis. All abdominal bleeding appears resolved following

complete splenectomy and embolizaQon. Intracranial hemorrhaging appears to have significantly subsided, though cerebral damage is difficult to assess at this point. Treatment AcQon: PaQent is in intensive care following abdominothoracic surgery. PaQent appears stable, however, conQnued propofol IV is ordered, along with broad spectrum anQbioQcs and ketorolac. Surgical venQlaQon is also ordered conQnued as injuries to paQent’s diaphragm appear to have compromised normal breathing. Follow-Up Notes Date: 11/12/22 2:21pm AIending Physician: Larry Ward, MD Vitals BP 122/84 Pulse 71 Temp 37.1°C (98.7°F) PaQent was iniQally brought into ER with mulQple injuries. PaQent has been in and out of consciousness the last eight days. PaQent regained somewhat full consciousness late yesterday abernoon and has become more and more responsive. This morning, basic neurological assessments were conducted. Level of Consciousness (Glasgow Coma Scale): Eye Response: 4/4 Verbal Response: 5/6. PaQent conQnued to exhibit significant, though intermiIent, confusion. Motor Response: 6/6 Overall assessment: 14/15 Spine:

Spine and spinal cord fully intact. Mobility:

Full mobility assessment is difficult due to conQnued use of venQlator. PaQent is able to parQally sit up on own, move all extremiQes, and responds to commands for moQon appropriately.

Physical percepQon: PaQent’s percepQon of touch, pain, and extremity locaQon are all normal. Reflexes: PaQent’s eyes dilate appropriately and paQent exhibits full response of muscular reflexes. CogniQon:

Full cogniQve assessment not conducted due to paQent’s conQnued use of venQlator but paQent exhibits some confusion about surroundings and request at Qmes. Overall cogniQon seems to be improving, and paQent is able to recognize people, respond with non-verbal communicaQon, and understands some, though not all, informaQon relayed to them.

Prognosis: Full recovery of cogniQve ability is anQcipated.

Exhibit 28

Revised 8/27/23

Miller Tower Security Footage Notes Det. Kit Bahmani (Notes made and footage reviewed on 11/2/22)

6pm to 9:09pm - Nothing of note occurs in footage from 40th floor. Security follows the procedures as discussed in the security protocol for the evening. All security members seen on tape matched the pictures in their personnel files. Vault door was securely closed aOer protocol complete. 9:10pm – Roof Cameras 2, 4, 5, 6, 7: Helicopter lands on Miller Tower roof helipad. Two people exit the helicopter and approach the door. One appears to have an axe, the other a crow bar. Helicopter pilot remains in the helicopter. Roof Camera 3: One person approaches stairway door to roof. This suspect is wearing a mask similar to the one found in the alley of Miller Tower (“alley mask suspect”). They a[empt to use a key card at the electronic access panel. They try to open the door, but it does not open. The person appears to be typing something into phone. 9:11pm – Roof Camera 2: The one with the axe outside on the roof, checks phone. Gestures to other person. They both begin working on the door to dismantle it with the axe and the crow bar. Roof Camera 3: Alley mask suspect steps back out of camera range. The footage shows the door being dismantled from the inside. 9:12pm – Roof Camera 2: Hole in door created, two outside force their way inside. Leave camera range. Roof Camera 3: Hole in door created, two outside force their way inside. Looks like one of the two gets leO shoulder stuck a bit on the door. Appears to have cut themselves on hole in door. Leave Camera range. Secured Area Cameras 2, 3: All three exit roof stairs and move toward security office. Appear to have an item with them that looks the approximate size for cell jammer later found in security room (brand name: MSIG). 9:13pm – Secured Area Camera 2: All three reach security office and enter. (No camera in the security office, so no details of what occurred once entered office.) 9:14pm – Secured Area Camera 2: All three suspects exit security office, two of them dragging guard Emory Sands (“ES”). ES appears unconscious. All head towards vault. Secured Area Camera 4: All arrive at vault door. Alley mask suspect pulls ES’s keycard from belt, then all three work together to hold ES’s thumb to fingerprint scanner and open ES’s leO eye for the biometric eye scanner. All enter vault.

Exhibit 29

Revised 8/27/23

9:15pm to 9:17pm – Vault Cameras 1, 2, 3: All drag ES inside. Suspects use what looks like ES’s key chain and master key to open vault lockers/interior storage. Suspects removing items from security lockers and place them on moving cart. ES appears unconscious during endre period. Secured Area Camera 1: Parker Orlov (“PO”) enters North Staging Area walks to kitchen and then back to North Stadng Area again. Appears to be trying to make a phone call. Cyprus Cosmos (“CC”) then enters North Staging Area from Cocktail Room door. They appear to start arguing. CC eventually leaves towards cocktail area. PO remains in North Staging Area. 9:18pm – Secured Area Camera 4: Two of the suspects (including alley mask suspect) leave vault with loaded cart. Items are packed, so cannot disdnguish which items are which. Third suspect leO in vault. Appears to be the injured suspect described earlier. Vault Camera 2: Injured suspect condnues to open lockers inside. ES appears to wake up and begins to slowly move into a posidon to jump onto injured suspect. Secured Area Camera 1: PO walks towards kitchen again. Secured Area Camera 2: Two suspects load freight elevator. Appear to use ES’s key card to make elevator work. PO passed by freight elevator on way to kitchen. Pauses. Appears to interact with suspects briefly. Then quickly shuffles into the kitchen. 9:19pm – Roof Cameras 5, 6, 7: Two suspects load items into the sdll running helicopter. Move back towards freight elevator once loaded. Vault Camera 2: ES appears to jump towards injured suspect. Only manages to bump into injured suspect. Gun appears to fall from injured suspect’s waist. ES tries to go for the gun. Secured Area Camera 2 then 1: PO exits kitchen and eventually exists secured area through Cocktail Room door. 9:20pm – Secured Area Cameras 2, 4: Two suspects arrive back on floor and move towards vault again. Vault Cameras 2, 1, 3: Injured suspect a[acks ES. ES doesn’t really fight back aOer first hit by injured suspect. Two other suspects arrive in vault again. Can’t really make out what happens. Two suspects appear to jump into the fight between injured suspect and ES. Unclear whether the two other suspects are trying to break up the fight or help injured suspect in a[acking guard. Alley mask suspect can be seen kicking ES at least once and punching ES at least once though. 9:21pm – Vault Camera 2: Eventually three suspects separated from ES’s unmoving body. First suspect returns to removing items from lockers in vault. Alley mask suspect appears to talk to injured suspect for several seconds. Very enthusiasdc hand gestures are happening. But then injured suspect collapses. Alley mask suspect catches injured suspect and calls to first suspect.

Revised 8/27/23

Secured Area Camera 1: CC returns to North Staging Area followed closely by PO. CC begins, again, yelling at PO. CC throws plate of food at PO, PO ducks. Picks up food from ground and acts like they are going to throw it back towards CC. CC appears shocked and then runs back towards Cocktail Room. PO drops food, wipes off hands, and then also returns to cocktail room. 9:22pm – Vault Camera 2: Other two suspects help injured suspect. Injured suspect appears to be conscious but lethargic in movements. Remains leaning against wall on the ground. Other two suspects return to emptying vault. 9:23pm to 9:25pm – Vault Cameras 1, 2, 3: Suspects finish loading cart. First suspect pushes cart out of vault again. Alley mask suspect helps injured suspect to their feet. Injured suspect drapes arm around alley mask suspect and they walk out of vault together. ES sdll unconscious, has been since injured suspect a[acked. 9:26pm – Secured Area Camera 4: First suspect pushes cart towards freight elevator. Alley mask suspect and injured suspect also exit vault. Alley mask suspect tries to close vault door, but unable to while helping injured suspect. Door remains open. Secured Area Camera 2: First suspects starts to load freight elevator. 9:27pm – Secured Area Camera 2: All suspects enter freight elevator. Roof Cameras 4, 5, 6, 7: All suspects exit freight elevator. First pushes cart towards helicopter and begins loading items to helicopter. Alley mask suspect helps injured suspect to other side of helicopter. Alley mask suspect loads injured suspect into helicopter. Alley mask suspect comes back to other side of helicopter to finish loading. All items loaded and two suspects outside helicopter back away. 9:28pm – Roof Cameras 6, 7: Two remaining suspects return to freight elevator. Helicopter takes off. Secured Area Camera 2: Two suspects exit elevator on Floor 40. Head towards North Staging Area. Secured Area Camera 1: Two suspects alter their oujits so that the all black now looks like fairly generic Halloween costumes. Masks they have been wearing stay the same though. Two suspects exit North Staging Area through Cocktail Room doors. 9:29pm – Secured Area Camera 1: CC and PO enter North Staging Area and head towards kitchen. Appear to be arguing again by their demeanor and expressive hand gestures.

Revised 8/27/23

9:30pm – Secured Area Camera 2: CC and PO stop at security office. CC knocks on door. Then they both look down hallway towards vault door. Then start running towards vault door. Secured Area Camera 4 and Vault Cameras 1, 2, 3: Both CC and PO enter the vault. 9:31pm – Vault Cameras 1, 2, 3: PO bends down to examine ES. CC stands a few feet away. Yet another argument appears to break out. ES sdll unconscious. CC eventually leaves vault. 9:32pm – Secured Area Cameras 2, 4, 1: CC leaves vault and heads towards North Staging Area. Eventually exits to the Entryway near the public elevators. 9:36pm to 9:48pm – Secured Area Cameras 1, 2, 3, 4 and Vault Cameras 1, 2, 3: Show police entering the area and EMTs arriving and a[ending to ES. ES removed and taken to freight elevator for eventual placement in ambulance once on ground floor. 9:49pm and onwards – Nothing of note occurs. Only people on the security footage are police officers, invesdgators, and building personnel. Other notes:

- Faces of suspects are never visible on the camera feed. Suspects all managed to posidon themselves away from the camera and wear masks while inside the vault.

- Unable to idendfy the genders of any of the suspects. Clothing they were wearing make idendficadon of that impossible.

- Any cameras not discussed at any point in the above notes did not show any people during the above discussed dme period.

- Due to the lighdng from the event, no cameras in the public area of Floor 40 had any useful footage aOer the dinner concluded at 8:30pm.

Revised 8/27/23

Type of Report: All text records between specified accounts Date of Report: 01/03/23 9:10am Search Parameters:

Date(s): 01-SEPT-2022 to 15-DEC-2022 Accounts: 654-555-5323 [subscriber name: Raynes, Memphis]

654-555-5324 [subscriber name: Cameron, Poe] From Date Time Content Cameron, Poe 09/12/22 19:08 Hey. That big job you mentioned. Any way I can still get in on that? I could use the

money. Raynes, Memphis 09/12/22 19:09 You sure you want in on something like this? It’s pretty big Cameron, Poe 09/12/22 19:11 I’m sure. Cameron, Poe 09/12/22 19:13 Getting a 9-5 hasn’t worked out. I’d rather get in on your big paydays. Raynes, Memphis 09/12/22 19:25 I’ll check with the boss. If I do this though, there is no backing out. Cameron, Poe 09/12/22 19:25 I’m sure. Won’t let you down. Cameron, Poe 09/13/22 10:02 Any news? Raynes, Memphis 09/13/22 12:29 You’re in. Raynes, Memphis 09/13/22 12:29 Meet me at Ivy Lane at 6. Rm 322. Raynes, Memphis 09/13/22 12:30 Don’t be late. Cameron, Poe 09/13/22 13:47 Really?? You won’t regret this. Cameron, Poe 09/13/22 13:52 Am I meeting anyone? Raynes, Memphis 09/13/22 13:52 Yeah. The boss. Cameron, Poe 09/13/22 13:53 Anyone I know? Raynes, Memphis 09/13/22 13:55 They’re high profile but you haven’t met them. Cameron, Poe 09/13/22 13:57 Should I be scared? Raynes, Memphis 09/13/22 13:57 Depends. Raynes, Memphis 09/13/22 13:57 How do you feel about helicopters? Cameron, Poe 09/13/22 14:03 ?? Raynes, Memphis 09/13/22 14:04 Just wait til you learn what the target is. Cameron, Poe 09/13/22 15:22 How much? Raynes, Memphis 09/13/22 15:27 Can’t say here, but definitely $$$$ Raynes, Memphis 09/13/22 16:49 Oh also, make sure you do Halloween shopping. You’ll need a mask.

Exhibit 30

Revised 8/27/23

Cameron, Poe 09/14/22 16:50 👍 Cameron, Poe 11/01/22 12:03 Hey. How you feeling? Cameron, Poe 11/01/22 23:17 Hello?? Anyone there? Raynes, Memphis 11/02/22 03:57 The rumors of my death have greatly been exaggerated. Cameron, Poe 11/02/22 07:40 Funny. I’ll come check on you later today. Cameron, Poe 11/21/22 20:11 Cops are breathing down my neck about you. Cameron, Poe 11/21/22 20:19 I’ll come up with a story to make it all go away. Cameron, Poe 12/01/22 11:38 Really? You pull me into this job and now you ghost? Cameron, Poe 12/02/22 13:09 So much for family first

Revised 8/27/23

DECLARATION OF JO BASSETT

My name is Jo Bassett, and, under penalty of perjury, I declare that: 1. I am the Chief Database Administrator for Midlands Wireless, which offers cell phone and

text messaging services throughout the greater Midlands area. I have held that job since November 8, 2019.

2. As part of my duties, and in the regular course of Midlands Wireless’s business, I manage and maintain a computer database (“database”) that tracks all call and text message information among Midlands Wireless customers. The database is used to generate monthly bills (which can vary depending on the terms of the customer’s subscription, as well as the number, type, duration of calls, and the number of text messages), as well as various purely internal purposes.

3. When a subscriber registers for a new account, a record is automatically generated in the database that links the subscriber’s name, the subscriber’s billing address, and a telephone number.

4. When a subscriber sends or receives a text message, the database electronically and without human intervention generates a record of that text message that memorializes the sending and receiving telephone number, the date and time at which the text message was sent, and the full content of the text message (“content information”). The database also flags without human intervention whenever a text message fails to deliver for any reason.

5. We support a variety of billing plans that include set numbers of text messages for a base charge and charge various fees for text messages beyond those covered in the subscriber’s plan. Because of this, we maintain records of when texts are sent or received by Midlands Wireless customers, including the phone number of both parties and the date and time at which the message was sent, as well as content information. The database is programmed to store all such information for at least two years.

6. The database is programmed to generate reports about activity between two particular telephone/account numbers. To generate the attached report, I personally entered five pieces of information into the database. First, in a field labeled “Type of Information Requested,” I clicked a box labeled “All Text Records Between Specified Accounts.” Second, in a field labeled “From,” I manually entered “01-SEPT-2022.” Third, in a field labeled “To,” I manually entered “15-DEC-2022.” Fourth, in a field labeled “Subscriber 1,” I entered “6545555323.” Fifth, in a field labeled “Subscriber 2,” I entered “6545555324.” I then clicked a button labeled “Submit.” At that point, the database automatically and without any additional action by me generated the report dated “01/03/23 9:10am,” sent a copy to my attached printer, and saved a copy of the report itself in the database.

I swear under penalty of perjury that the foregoing is true, accurate, and complete to the best of my knowledge.

Jo Bassett Jo Bassett

Signed before me on January 3, 2023

Be#y James Betty James

Notary Public

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