Innocent Until Proven Guilty
The law is clear. It states that we start by assuming a person is innocent, and the accuser bears the burden of proof. How often do we really follow this? Too rarely. We are quick to label. Too often, we assume the accused is guilty before the law says a word. Talk to people about cases, and you’ll hear it: “They must have done something to get arrested.” Guilt is presumed, even when the law says otherwise.
That is not justice. It’s bias.
Justice is more than a word. It lives or dies, based on the diet we feed it.
Justice requires more than accountability and outrage. Curiosity and empathy are essential for it to thrive. We must ask questions and care about the experiences of both the victims and the accused. When we fail, and the accused are later found innocent, we have failed them twice: first by falsely accusing them, then by mistreating them throughout the process.
It is imperative to ask many questions before and during investigations. Sources of information must be sought to gain clarity and insight. Data is always part of the answer. It tells a fact-based story full of details that help reconstruct events. A timestamp is not silent; it is a vital part of the story.
I’ve spent more than two decades in the world of eDiscovery, and I’ve seen firsthand how data can tell stories that human memory, perception, or bias can distort. One of the most meaningful examples came in the Circuit Court of Montgomery County, Maryland, during the trial of Annbel Massillon.
Following a nine-day trial, a jury acquitted our pro bono client, who was accused of twelve criminal charges, including conspiracy to commit murder. The acquittal did not come easy. It required peeling back layers of the evidence presented by law enforcement and examining the digital trail, specifically the mobile device data that helped to shape the case’s narrative.
The data did not make accusations. It never does. It simply witnesses tiny facts. Data records digital events that help reveal and/or clarify the conduct of people. In this case, the data told a story of contradiction. Assumptions and even direct testimony did not align with what the data showed.
Decoding a Digital Trail
How did we discover the inconsistencies in testimony? First, we decoded the geolocation data. The raw locations and timestamps were a jumble that needed to be simplified. We analyzed the sources of these coordinates to determine which readings were the most precise. After visually plotting a clear set of locations and their associated timestamps, we reconstructed where Ms. Massillon was at key times. In addition, we analyzed video evidence to assess the difference between what was displayed in a video frame versus what witnesses would have seen in real time. By carefully examining the geolocations, timestamps, and video data, the story of that evening became much clearer.
I don’t attribute any malicious intent to the prosecution. Empathy helps explain the difficulty of understanding a story when those people present provide misleading accounts. This is why data is so important. Every bit and byte of information must be considered to uncover the truth, especially when the life of a person we should be presuming is innocent hangs in the balance..
Ignoring and misinterpreting data starves justice. Patterns, anomalies, and details that ultimately helped dismantle the false narratives driving the prosecution. It wasn’t magic; it was method. Our disciplined analysis was guided by the belief that technology should serve truth, not just accusation.
The Data is a Witness
Every mobile phone is more than a communication device—it’s a living archive. It records where you go, who you interact with, and when events unfold. This is both powerful and dangerous. In the wrong hands, misunderstood or misrepresented data can create false narratives. In the right hands, it illuminates context, challenges inaccuracies, and uncovers exculpatory truths. Data is not silent. It speaks volumes, but you must ask the right questions and then understand the answers.
Wrongful incarceration is not just a statistic; it’s a life interrupted, a family destabilized, a community scarred. Ms. Massillon was incarcerated for 2 years while her case was played out in the courts. Two years she will never get back. During that time, the data held answers that would ultimately help free her. The data had no agenda. It never does. Its value lies in its ability to provide clarity in a system where perception and power often collide.
As technology becomes more deeply embedded in our daily lives, its role in criminal justice will only grow. Defense teams, investigators, and advocates must insist on rigorous analysis of digital evidence—not just accepting what’s collected, but interrogating how it’s interpreted.
The Quiet Power of Data
Each year, hundreds of exonerations are recorded. And that only counts the wrongful convictions we know. Thousands more may never be addressed due to a lack of resources. Annbel Massillon’s acquittal is a reminder of why this work matters. Sometimes, freedom depends not on the loudest voice in the courtroom, but on the quiet truth hiding in the data. Each byte can be a breadcrumb toward justice, an answer to a question, an element of the story, or an overlooked artifact that offers a chance to restore a life.
Across cases, one thing becomes clear: data isn’t cold. In the right context, in the right hands, it can be the most human thing of all—proof that someone deserves another chance.
iDS provides consultative data solutions to corporations and law firms around the world, giving them a decisive advantage – both in and out of the courtroom. iDS’s subject matter experts and data strategists specialize in finding solutions to complex data problems, ensuring data can be leveraged as an asset, not a liability. To learn more, visit stg-idsinccom-stage.kinsta.cloud.