The New York State Supreme Court Justice Andrew Ceresia recently ruled that prosecutors are not allowed to introduce Google location services as evidence into the second degree murder trial of Johnny Oquendo. In the ruling, Ceresia highlighted that prosecutors ultimately “failed to meet their burden” when exemplifying that Google location services is accepted in the relevant scientific community.
Prosecutors had originally wanted to introduce evidence from the Oquendo’s cellphone from the night of the murder, arguing that the location services on his phone could pinpoint where the defendant was throughout that night. Oquendo’s defense attorney William Roberts asked the judge to hold a hearing in regards to the evidence.
The hearing was held on October 16, 2017; prosecutors called two witnesses to the stand, an FBI Special Agent Michael Sabric and a records custodian for Google, Sarah Rodriquez. While the witnesses presented by the state were qualified to offer opinions on the google technology, the judge argued, there simply was not any reference to how the technology itself has gained acceptance in the scientific community.