White Marlin Open trial: Expert defends time of launch

As computer forensic expert Michael Perry took the stand for the defense at the White Marlin Open trial this week, testimony zeroed in on the key factor: Time of launch.

Perry, a certified examiner with the International Association of Computer Investigative Specialists, was responsible for investigating data provided by certain technological tools on board the Kallianassa, the boat used in the 2016 White Marlin Open by winner Phillip Heasley.

After catching a 76.5-pound white marlin during the tournament in Ocean City, Heasley was declared the winner of the competition before officials accused the Florida native of cheating. Heasley is currently arguing for his victory in federal court and has the possibility of earning $2.8 million if found innocent.

The trial was moved from Worcester County to Baltimore last September.

READ MORE: Lawyers dispute polygraph tests in White Marlin Open case

BACKGROUND: Case against White Marlin winner remains in federal court

On Friday, Perry used the information attained from the Kallianassa’s computer and global positioning system, as well as pictures from the boat’s captain, David Morris, in determining whether Heasley and his crew had in fact cheated during the White Marlin Open.

Following his victory, Heasley was forced to take a polygraph rather than turning over his computer and GPS records. Heasley failed the test resulting in the withholding of his earnings, officials said.

Officials believed Heasley and his crew had left the Ocean City Marina prior to 4:30 a.m. — the tournament’s official start time to catch a marlin.

Perry’s testimony included his belief based on his investigation that the Kallianassa was present at the Ocean City Marina at 4:07 a.m. on the morning of Aug. 9 and did not leave the area until just after 4:30 a.m.

According to the engine report from the Kallianassa, the boat’s engine did not start until 4:26 a.m. and had just hit 14 knots at 4:37 a.m. Perry stated in his opinion that the report had not been changed or modified by Heasley or other crew members.

While Perry maintained his stance that data collected from the Kallianassa’s computer and logs remained “accurate” and “correct,” cross-examiners did press Perry on his testimony involving Morris’s cellphone.

As the owner of an iPhone 6, Morris had taken pictures at 9:09 a.m. of the 76-pound marlin Heasley had caught. A later picture was also taken by the captain once the crew arrived back on the mainland.

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When analyzing the data, Perry concluded the time the picture was taken based on information from the iPhone did not match the corresponding time with the GPS system used to map the crew’s voyage.

Perry made the argument that due to the location of the boat at the time of the picture of the initial catch paired with surrounding environmental issues resulted in the times not matching up. However, the prosecution made the case that Morris’s other picture of the crew did match the time on the GPS. Perry was unable to explain why this was the case.

Cross-examiners also brought up that the computer on the Kallianassa was more than 17 minutes slower than the accurate time on the day of Heasley’s catch. Perry argued he had accounted for the error in his investigation.

The trial is expected to continue next week with the judge soon to make a final decision. If Heasley is found innocent, he will be awarded the $2.8 million and be crowned the winner of the 2016 White Marlin Open.

But if the judge rules that Heasley broke tournament rules, the money will be divided up among a dozen other fishermen.