4.James Keith McElveen — Direct/Cross
111 linesJUDGE EVERETT: You are released.
Please call your next witness.
MS. CAPPLEMAN: The State calls Keith McElveen.
JUDGE EVERETT: Please raise your right hand to be sworn.
Do you swear or affirm the testimony you're about to give will be the truth?
LOUIS BRONSTEIN: I do.
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly.
whereupon, KEITH MCELVEEN was called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
JAMES KEITH MCELVEEN: James Keith McElveen, M-C-E-L-V-E-E-N.
MS. CAPPLEMAN: How are you employed?
JAMES KEITH MCELVEEN: I work as a forensic scientist. I'm an electrical engineer. I work at Wave Sciences in Charleston, South Carolina.
MS. CAPPLEMAN: And what type of work do you perform at that business?
JAMES KEITH MCELVEEN: I mostly do audio research, particularly in +forensics.
MS. CAPPLEMAN: Can you describe your education and experience in that field?
JAMES KEITH MCELVEEN: I am a master's-level engineer, electrical engineer. And I have had 35, going on 40 years of experience.
MS. CAPPLEMAN: And as part of your work, do you clarify audio recordings?
JAMES KEITH MCELVEEN: I do. I also sit on committees that write international standards for audio forensics.
MS. CAPPLEMAN: And approximately how long have you been doing the type of work that you did in this case specifically?
JAMES KEITH MCELVEEN: Probably about 25 to 30 years now.
MS. CAPPLEMAN: Judge, at this time I would tender the witness as an expert in the field of electrical engineering.
JAMES KEITH MCELVEEN: Electrical engineering and forensics, audio forensics.
MS. CAPPLEMAN: Electrical engineering and audio forensics, Your Honor.
JUDGE EVERETT: Does the defense wish to voir dire the witness?
MR. ZELMAN: Not on these topics.
JUDGE EVERETT: Any objection to him providing an opinion while testifying?
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: Members of the jury, the witness will be permitted to testify in the form of an opinion in the fields of electrical engineering and audio forensics.
You may continue.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I think you testified you have a master's in electrical engineering; is that right?
JAMES KEITH MCELVEEN: That's correct.
MS. CAPPLEMAN: And you were the program manager for a government organization that included tech ops work?
MS. CAPPLEMAN: And also have done some work with private companies doing government contract type of work; is that right?
MS. CAPPLEMAN: Okay. Did you found the company that you are currently with?
JAMES KEITH MCELVEEN: I did.
MS. CAPPLEMAN: Have you published articles related to your field?
JAMES KEITH MCELVEEN: Yes, I have, multiple.
MS. CAPPLEMAN: Have you ever testified as an expert before in this area?
JAMES KEITH MCELVEEN: I have.
MS. CAPPLEMAN: were you asked to clarify some recordings made at the Dolce vita restaurant in association with this case?
JAMES KEITH MCELVEEN: Yes, I was.
MS. CAPPLEMAN: what items were you provided with?
JAMES KEITH MCELVEEN: Two audio-video recordings from two different devices that were in the restaurant, one of which had better video and one of which had better audio.
MS. CAPPLEMAN: Okay. And were you able to put those together and give us the best product that you know how to give us to help us make out the words the best we can?
MS. CAPPLEMAN: All right. And in that process, do you do anything that changes or alters the speaking voices that are on the audio recording?
JAMES KEITH MCELVEEN: Only -- how do I put this? we don't alter the subject's voice. we leave it natural and as untouched as possible. what we do is suppress everything else that's not in that place we are trying to focus on.
MS. CAPPLEMAN: what were the issues with this particular exhibit as far as being able to hear it in its raw form?
JAMES KEITH MCELVEEN: well, it was a restaurant and -- a busy restaurant. There was everything from typical restaurant noises with coffee grinders and espresso machines and such as that going on. The position of the recording devices also make them pick up noises coming from the kitchen. So there was dishwasher and vegetable chopping type sounds going on back there, kids screaming, voices playing in a television. So it's easier probably to list what wasn't on the recording than what was.
MS. CAPPLEMAN: Okay. And can you explain the process you used to clarify the audio on this exhibit?
JAMES KEITH MCELVEEN: Yes. So what we do is we treat the sound that's captured on the recording more like it's the light captured by a camera. So if you do any photography and you use a lens, you may think of, kind of, the classic taking a picture of a picket fence, and you can focus on one of the wooden slats in the fence, and it's sharp, but all the rest of them in the foreground and the background are blurred out, maybe invisible.
So that's our approach, and we are able to set the focus spot on the subjects that we were asked to enhance, and then blur out, like those missing pickets in the fence, everything else in the restaurant.
MS. CAPPLEMAN: And are the results of your audio efforts contained on the exhibit in front of you, State's Exhibit 115?
MS. CAPPLEMAN: And did you also for us pair the audio with the video that was available of that particular event?
JAMES KEITH MCELVEEN: In Dolce vita, we did not.
MS. CAPPLEMAN: Okay. Have you had an opportunity to review State's Exhibit 116, which does include both the audio, the video, and the transcript of that event?
JAMES KEITH MCELVEEN: Yes. Although we did not review the transcript content, we did review the audio and the video, and it does match the enhanced audio that we provided.
MS. CAPPLEMAN: Okay. So everything seems to be appropriately lined up with the audio clarification that you did?
JAMES KEITH MCELVEEN: Yes. I just don't want to step outside of my role in audio forensics and speak to a transcript.
MS. CAPPLEMAN: Understood.
MS. CAPPLEMAN: All right. Judge, at this time, I would ask to move into evidence State's Exhibit 115 and 116.
JUDGE EVERETT: Any objection?
MR. ZELMAN: If I understand the witness's testimony, he's not able say the transcript is accurate?
MS. CAPPLEMAN: That was Ms. Magbanua's part, Your Honor.
JUDGE EVERETT: She has already authenticated it as a part of her testimony.
MR. ZELMAN: No objection, Your Honor
JUDGE EVERETT: State's 115 and 116 are admitted.
(State's Exhibits 115 and 116 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you also do some work on State's Exhibit 132, a recording from a Matsuri restaurant?
JAMES KEITH MCELVEEN: I did.
MS. CAPPLEMAN: And were the same processes that you previously described with the prior exhibit used on this one as well?
JAMES KEITH MCELVEEN: They were.
MS. CAPPLEMAN: Okay. And does State's Exhibit 132 contain the audio product that you generated?
MS. CAPPLEMAN: Okay. And has the audio been paired with the video accurately in State's Exhibit 133 also in front of you?
MS. CAPPLEMAN: Judge, at this time I would ask to move into evidence State's 132 and 133.
JUDGE EVERETT: Any objection?
MR. ZELMAN: Just a moment, Your Honor. No objection, Your Honor.
JUDGE EVERETT: State's Exhibit 132 and 133 are admitted.
(State's Exhibits 132 and 133 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And then you also have an Exhibit 118 in front of you. Did you do some work on a phone call?
MS. CAPPLEMAN: Okay. And is the work that you did on clarifying that phone call fairly and accurately contained on State's Exhibit 118?
JAMES KEITH MCELVEEN: Yes, it is.
MS. CAPPLEMAN: Judge, that's just for identification only at this time. No further questions.
JUDGE EVERETT: Cross-examination?
MR. ZELMAN: Just briefly, Your Honor.
CROSS-EXAMINATION BY MR. ZELMAN:
MR. ZELMAN: Good afternoon, sir.
JAMES KEITH MCELVEEN: Good afternoon.
MR. ZELMAN: with respect to the second restaurant footage that you enhanced, am I to understand that you enhanced an enhancement more recently? Did you provide additional materials recently to the State Attorney's Office?
JAMES KEITH MCELVEEN: what we did was not enhancement. we only took the audio track and put it with the video track. So we didn't = touch anything but just basically save the original -- the processed audio that we did and the original video and just saved it in a different format.
MR. ZELMAN: Okay. So then that's what you did recently?
JAMES KEITH MCELVEEN: Yes. So no enhancement done in that step.
MR. ZELMAN: Okay. And then were you ever provided with the audio of the interview done by law enforcement of wendi Adelson on July 18th of 2014?
JAMES KEITH MCELVEEN: No, I was not.
MR. ZELMAN: Specifically, the end of that interview when Ms. Wendi Adelson calls my client?
JAMES KEITH MCELVEEN: Not to my recollection, I do not believe so.
MR. ZELMAN: And so the government did not ask you to do that?
JAMES KEITH MCELVEEN: Correct.
MR. ZELMAN: Just a moment.
Nothing further, Your Honor.
JUDGE EVERETT: Redirect examination?
MS. CAPPLEMAN: One moment, please, Your Honor.
Nothing further, Your Honor.
JUDGE EVERETT: You may step down, sir.
will he be called by either party?
MS. CAPPLEMAN: Not from the State, Judge.
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: You are released. Have a good day.
Please call your next witness.