May 20, 2022
The Derryfield Country Club
625 Mammoth Road, Manchester, NH 03104
Registration begins at 8 a.m. CLE starts at 8:30 am
6 Hours of CLE Credit is anticipated by the sponsor with 1 hour of ethics
Speakers and Topics:
Larry Daniel - Live Cellebrite Mobile Phone Examination
Melissa Davis and Ed O’Neill – Richards Hearings (getting and keeping them)
Kara Simard – Ethics for Social Media, Email and the Internet
Emma Sisti – Support for Collateral Civil Consequences
Robin Melone – Social Media Investigations, Admissibility and Lewandowski
Cynthia Mousseau – Innocence Issues in Pre-Trial Litigation
Donna Brown – Update on Brady Issues in NH
(Page down for more details on topics and speakers!)
NHACDL is offering two ways to attend this CLE. You may take part live via Zoom – but NO recording will be available (per long-term policy). Or you can attend in-person. For in-person attendees, we will have a continental breakfast and lunch. Zoom attendees do not have to pay for food.
This CLE is open to defense and civil practitioners only. The cost includes written materials via email. Materials are available on a flash drive for $10 for people who are attending in person. Flash drives will not be mailed. Again, the ZOOM option is live only. No recording will be made.
Register HERE online or print this PDF and mail it in with a check
More details on speakers and topics
Larry Daniel - Live Cellebrite Mobile Phone Examination
Cellebrite is the most utilized mobile device forensic tool in the world. Mr. Daniel will guide attendees through the extracted data from mobile devices from within Cellebrite forensic software live. Participants will be educated about the forensic artifacts that can be recovered from a mobile phone and how that data is relevant to cases. Attendees will also see and learn firsthand the examination process, from acquisition (data collection), data preservation, data analysis and reporting using Cellebrite. Larry has twenty years of experience in digital forensics. He is co-author of the book, “Digital Forensics for Legal Professionals, Understanding digital evidence from the warrant to the courtroom” 2011, Syngress, and the sole author of the book, “Cell Phone Location Evidence for Legal Professionals, Understanding cell phone location evidence from the warrant to the courtroom”, 2017, Academic Press. Larry has qualified and testified as an expert in computer forensics, cell phone forensics, GPS forensics and cellular technology and call detail records analysis over 75 times in state and federal courts. Larry provides training and continuing legal education dozens of times each year. He holds nine certifications; two in computer forensics, three in cell phone forensics, one in GPS forensics, and three is telecommunications.
Melissa Davis and Ed O'Neill - Richards Hearings - Getting and Keeping Them
This segment will cover how to handle witnesses who have 5th Amendment problems in NH. Melissa is currently the director of the Criminal Practice Clinic at the UNH Law School. Prior to joining the law school, she was a New Hampshire Public Defender in Strafford, Grafton, and Coos Counties. While at the NHPD, Melissa was the lead trainer for the New Lawyer Trial Skills Course and was managing attorney. Melissa is a Board Member for the New Hampshire Association of Criminal Defense Lawyers and a member of the National Association of Criminal Defense Lawyers and the National Legal Aid and Defender Association. She is a graduate of American University, Washington College of Law and the University of California, Santa Barbara. Ed O'Neill graduated Magna Cum Laude from DePaul College of Law in Chicago, IL in 2018, and has been employed with the NHPD since then. Ed was a student coordinator for a Neighborhood Legal Assistance Project, helping people experiencing housing insecurity obtain State ID's and seal and expunge criminal records.
Kara Simard - Ethics on the Use of Social Media, Electronic Communications, and the Internet
This topic will cover the ethical considerations and relevant NH Rules of Professional Conduct with respect to using social medial to contact witnesses and investigate jurors, texting and e-mailing clients, posting on listserves, and other internet use. Kara Simard is a staff attorney at the New Hampshire Public Defender in Nashua. Before joining NHPD, she worked for a law firm in Manchester, New Hampshire practicing primarily in civil litigation. Kara serves on the National Board of Directors of the American Civil Liberties Union as the New Hampshire Affiliate Representative. Since 2010, she has served on the Board of Directors of the ACLU of NH. Kara was also on the Board of the New Hampshire Women’s Bar Association for many years and served as President from 2016-2018. She is a member of the Executive Committee of the Manchester Bar Association and was its President from 2015-2016. Kara is also a member of the NHBA Ethics Committee and the New Hampshire Association of Criminal Defense Lawyers.
Emma Sisti - Assistance with Collateral Civil Legal Issues
Criminal defendants often have concurrent civil legal service needs that many criminal defense attorneys feel are beyond their ability to handle. These civil needs are sometimes the root cause of the criminal concerns or consume so much of the client's time and energy that they can't focus on their criminal problems. 603LegalAid can help your low income clients who are struggling with finding help. This talk will give you resources to help your clients with their civil legal needs. Emma is currently the pro bono manager of 603LegalAid. After 15 years at the NHPD, it was clear to Emma that individuals with criminal cases often had corresponding civil legal service needs that were going unmet and often contributed to, or exacerbated by, their criminal cases. Emma moved to 603LegalAid to try and bridge this gap by increasing the number of clients served and the number of attorneys who participate.
Robin Melone - Social Media Investigations, Admissibility and Lewandowski
Social media investigation is a valuable tool for your cases from jury selection to cross examination. Learn some tips, tricks, and ethical how-tos about how to research witnesses and jurors and get that information admitted. Robin is the current president of NHACDL. She has been a criminal defense attorney since 2004. She was in the Manchester office the public defender for nearly ten years before entering private practice. She is now a partner at at Wadleigh, Starr & Peters. Robin has been awarded NHACDL's Champion of Justice and is also a recipient of the Marilla Ricker Achievement Award.
Cynthia Mousseau - Innocence Issues in Pre-Trial Litigation
This segment will cover the main indicators of wrongful convictions: mistaken/false eyewitness identification, false confessions, incentivized witnesses, flawed/misleading forensic science, and state misconduct. Since these factors are present in many criminal cases, whether actual factual innocence is at issue or not, Cynthia will discuss how to litigate these issues in a pre-trial context. Cynthia Mousseau is a staff attorney at the New England Innocence Project. She is the first staff attorney based in New Hampshire, focusing on New Hampshire post-conviction cases. Prior to joining NEIP, Cynthia was a public defender in Manchester, NH and Lowell, Massachusetts. In addition to screening and litigating NEIP post-conviction cases, Cynthia also works with attorneys pre-trial to prevent wrongful convictions before they happen. She is also involved in legislative reform.
Donna Brown - Brady Update in NH
Donna will discuss how to use Brady to get discovery before trial and how to litigate Brady violations after trial. This presentation will include a focus on discovering Brady materials on informants, in drug cases, and cases involving joint investigations with multiple law enforcement and prosecution agencies. After 25 years at NHPD, Donna went into private practice at Wadleigh Starr and Peters and is now a partner of the firm. In addition to her practice, Donna is an adjunct professor at University of New Hampshire School of Law where she teaches trial advocacy to students selected to be in the Daniel Webster Scholar Program. Donna is a recipient of the Champion of Justice Award from the New Hampshire Association of Criminal Defense Lawyers, has received the Manchester NAACP's Freedom Fund Award, and has received an award for her pro bono work from the NH Bar Association.