
Legal team for Nolan Wells’ family accuses DA of not operating in good faith
Looks like the District Attorney gave the family a deadline to turn over Nolan's cell phone.
>According to the legal team’s correspondence, no date or time for that examination was ever set. Instead, on Aug. 12 at 11:51 p.m., the District Attorney’s office sent a letter directing the family to deliver the phone to her office by 9 a.m. on Aug. 14, less than 48 hours later. Nolan’s parents were outside Mississippi when that letter was sent and were not scheduled to return before the deadline.
The *Sun Herald* has requested copies of the DA's correspondence from the family's legal team. The family' attorney's response letter to the DA is attached at the end of the article. It reads in part:
>Third, the parties have not yet agreed upon a forensic protocol addressing, at a minimum, the scope and method of the examination, chain of custody, preservation of the forensic extraction, access to resulting forensic data, treatment of information outside the agreed scope, retention of the extraction, and return of the device.
I can't help but wonder if the DA didn't actually agree to a joint examination of the phone or have an agreed upon forensic protocol. It seems odd that a DA would allow a victim's family to have a say on the terms of examination of evidence in a law enforcement investigation. That's just not really how things work. Imagine a scenario where a known murder had occurred. The DA would not have an agreed upon forensic protocol with the victim's family to examine the victim's phone. That would be ridiculous.
I also can't help but wonder if the District Attorney has been sympathetic to the family and wanted to give them a chance to turn over the phone without having to get a search warrant so she's just requested it several times but now she needs the phone because it's getting close to the point of presenting the case of grand jury so she needs the phone so she finally gave them a deadline to turn it over in a short timeframe. I just doubt that short deadline came out of thin air.
Edit: formatting