Johnny Depp's metadata expert claimed that Amber Heard's photos were edited with software. He explained the differences in metadata, including the photo sizes and source.
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Tom, can we pull up um defendants exhibit 178, which has been admitted into evidence.
Mr newmeister um is this? Does this photo appear to be one that you have analyzed as part of your analysis? In this case there were many versions of this photo.
Um I would say there were dozens of different versions with different chromatic values: different file sizes, different physical sizes.
Some have been through photos one or photos three which are photo editing.
Software programs I'm your honor at this time, I'd like to show them sort of Mr newmeister's demonstrative plaintiff's exhibit 1303.
Any other objection.
I would object again your honor, because the photograph in 178 is not in evidence or yeah I mean the photographs and evidence the none of the photographs use wishes to show the jury.
Urna is 1303.
Is an Evidence over objection I'm not in evidence I'm.
Sorry, as a demonstrative.
Just is it a monster? I'm sorry.
Could we go publishing history please and Mr newmeister um? What is this demonstrative show about the photos that you analyzed well, the they appear to be similar.
However, if you look below at the file sizes, one on the left is 712 kilobytes, the one in the middle is 489 kilobytes and the one on the right is 524 kilobytes now what's unusual about that, is these photos will not digitally fingerprint with each other.
They won't hash, in other words, forensically they don't match.
But the thing is, you could say: well, it was sent through email.
Maybe it's a different size.
This the font size is, for example, would be possibly uh.
You know you can select the file size, you send a photo, but there's no way to authenticate any photo that was presented in the way the evidence was collected, and so what conclusions do you draw from that? Well there's.
This is just three of many of the same type of photos that are all different sizes and have different chromatic, which means collection.
We just had a ruling on this all right, sustained objection, Mr inuester, stick to your opinions that relate specifically to what you analyzed about the exit data.
Please all three of these photos had to go through some type of transformation to change sizes.
We can take that one down um, you mentioned um a photos, 1.5 and photos.
3.0 earlier I believe photos.
What is that photos three and photos? 1.5 are editing programs that um, Macintosh or apple put out with their product.
It's for uh, editing photos.
In other words, you would put a photo in and you would change the colors or you would crop it or you would clarify it by enhancing, for example, the sharpening or you could darken it.
But when you save a photo through an editing program, you leave a mark on the exif data and what is the active data? The exit data is the data that is embedded in a photograph that tells you a lot about the photograph and again, in the early days, when we were using film cameras, you would write down the f-stop, which is the light setting you would.
You would write the type of lens you use the time of day, the type of film stock, the type of filters you're using now with digital cameras, that's done electronically and and there's about about a thousand lines of code, of which 50 are probably important.
That tell you what the camera was doing.
So, what's the significance of exif data in your photo analysis? Well in this situation, I can see that normally, where the operating system of the camera would be, which means the version that the operating system the phone is running on, it would normally say something like I'll, just throw out an arbitrary number 9.1.3 operating system for iOS, which is Apple's iPhone operating system.
Instead of saying that it says software photos 3.0 or photos 1.0.
That means that the photo had to be rendered, which means composited together in an editing program.
Did you prepare a demonstrative that shows some of your analysis of some of the exif data of the photos? In this case? Yes, I do? Okay? Okay, can we pull up 1304? Please your honor me I approach, yeah, okay, okay, permission to publish as a demonstrative your honor, any any objection, any objections.
It was used to publish it as a demonstrative, um foreign all right.
Thank you, we'll publish it as 1304., just as a democracy and Mr newmeister.
Are these the images in this demonstrative excerpts from the report you prepared in this case? Yes yeah, and what do they show on this particular photo and and on all of them? It shows the first few lines of exif data, the ones that would be most important for this Photograph.
So, for example, things you would see.
The very top line would be the make of a phone, it's an Apple, iPhone 6., and then the resolution is 72 pixels per inch 72-1 and instead, where it says software on a normal iPhone photo.
It would instead of saying photos three.
It would say: uh the software version, for example, 9.3.1 and then you've got the date and the time of the photo uh below that and which is really easy to change in an XF editor and below that you have things like the exact like the flash.
You've got, um the exposure type, how long the exposure was uh.
So what you just highlighted there again was the date and time uh.
So that's uh, universal time code minus whatever area you're in in the world.
Anything else you want to show us with this monster, if uh yeah, just below that, if you look um, there's some um things, I would say, for example, a directly photographed image that is not going to be a necessarily accurate.
Once it's been through an editor uh, it will always pretty much say that um.
So when you're looking at scene scene type or Auto exposure, these are things that uh that really don't matter all that much.
What would matter is um, for example, if you're taking notes the focal length would be important um.
The pattern of metering things like that to a photographer would be would be important and again.
This is this is just a few lines and the reason I put these in there was just to explain a bit.
What exif data is of the actual thing.
I'm trying to point out is the fact that, instead of an operating system, it shows the um the editing program that was used on this photo um.
Are there additional photos that you did this analysis for? Yes, many, okay um? Can we scroll to the next page? Please Tom? Is there anything about this photo that you noted as part of your analysis, Mr newmeister? Yes again, it's it's a you know right right.
There you've got photos 3.0 on that particular photo and I think you know we pretty much covered with what this is.
But again you see the photos 3.0 and again this could not come out of an iPhone.
This way this would go into a computer, be edited and rendered through the photo.
Uh editing photo editor, and this this would then be embedded in the XF data.
Do you have other photos in this demonstrative? Yes, all right.
Can we scroll to the next page uh same thing: you've got up here in the app you've got the uh, the photos 3.0, and this is uh throughout a lot of the photos that are in evidence or versions of the photos and evidence were gone through photos 3.0 or flows 1.5 an earlier version.
Let me scroll to the next um page, Play Store, and what about this one yeah same thing: photos 3.0 and again in a photo editing app.
You can do an awful lot of things.
So when you see photos 3.0, first of all, you know it's not anywhere near an original there's going to be compression artifacts, because it's a JPEG file yeah a sustaining objection.
Next question: can we move on um to the next page of this um demonstrative, police and again same thing? Uh you've got these app, okay and I.
Believe there's one final photo in this um demonstrative.
What about this? One again, if you look up there, it says photos 3.0 on that particular photo all right.
We can take that down.
Um your honor I have a little bit left.
I, don't know if you wanted to all right.
You want to take our afternoon.
Let's go ahead and take our afternoon recess.
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