Center for Criminal Justice and Professional Responsibility

Friday, March 7, 2025

8:00-8:45 am

Registration and Posters

8:45-9:00 am

Opening Remarks & Exhibitor Introductions

9:00-10:00 am

Spencer McInvaille,
CWA, CTNS, CCO, CCPA
Envista Forensics
Raleigh, North Carolina

New Surveillance Tech and Defense Use of Tech - Surveillance, ALPR, Wearables, Infotainment, Beacons on Cars, Cellebrite Reports
(1.0 technology hr)

With mobile devices and video surveillance everywhere, criminal defense attorneys now have unprecedented access to video and location data that can be pivotal in building a defense. This session provides attorneys with essential knowledge on identifying and understanding data from various sources—such as mobile devices, wearables, license plate readers, car infotainment systems, and pole cameras. Participants will gain insights into how law enforcement gathers, analyzes, and maps this information, along with practical strategies for leveraging this data to strengthen their defense strategy and effectively challenge the state’s evidence.

10:00-10:30 am

Jennifer Adams, PI, CFE
Diamond Eye Legal
Clayton, North Carolina

Opensource Social Media Investigations
(0.5 hr)

In today's digital age, people's lives are increasingly documented and shared across the internet. From social media updates to news articles and public records, the online realm has become a vast repository of personal and professional information. Aggregator websites compile diverse data points, including criminal records, local news coverage, and more, creating a digital footprint that can be accessed and analyzed.

Investigator Jennifer Adams from Diamond Eye Legal will explore this fascinating and complex topic. She will provide an overview of the tools and techniques available for gathering information online, emphasizing the insights that can be uncovered through a review of social media and other online platforms.

10:30-10:45 am

Break

10:45-11:45 am

Jamie Lau, JD
Duke University School of Law
Durham, North Carolina

Ethics of AI and Digital Investigations
(1.0 hr Ethics/Professional Responsibilty)

Attorneys and investigators can enhance their investigation and preparation for their cases through the use of new AI and digital tools. This session will focus on ensuring adherence to the Rules of Professional Responsibility and NC State Bar ethics opinions when utilizing these tools in casework. Using hypotheticals, participants will consider case examples and how the Rules of Professional Responsibility are implicated in digital investigations. Topics will include protecting client confidentiality, maintaining data privacy safeguards, and understanding new and pending NC State Bar ethics opinions addressing AI and digital tools.

11:45-1:00 pm

Mitha Nandagopalan, JD
Innocence Project
New York, New York

Litigating Challenges to Novel Surveillance
(1.25 hr)

As AI-based surveillance and forensic tools like gunshot detection systems, facial recognition software, and ALPRs become more widespread, it’s crucial for criminal defense attorneys to understand how law enforcement is using these technologies, how they disproportionately impact communities of color, and how to challenge them in court. This session will outline litigation strategies for: (1) discovery motions to seek evidence about these technologies, (2) Daubert challenges, (3) 4th Amendment challenges, and (4) equal protection issues and potential avenues to raise discrimination or disparate impact claims. 

1:00-2:00 pm

Lunch

2:00-3:15 pm

Barry Scheck, JD
Innocence Project
New York, New York

Defense Uses of AI
(1.25)

Barry Scheck has made a career being at the forefront of forensic issues in criminal cases. He famously spearheaded the effort to attack the DNA evidence in the O.J. Simpson case as a member of the “Dream Team,” and then used his understanding of DNA to launch the Innocence Project. In this session, Mr. Scheck will highlight the benefits and limitations of another emerging technology—artificial intelligence (AI). Mr. Scheck will talk about its benefits when evaluating evidence, conducting legal research, and making predictive assessments of reactions to arguments and evidence. He will also discuss how AI is only as useful as the quality of data fed into it, and that care must be taken to ensure that the output of AI is reliable and not misleading.

3:15-3:30 pm

Break

3:30-4:30 pm

Christopher Mack
Oregon Justice Resource Center
Portland, Oregon

Derek Harris
Axon
Salt Lake City, Utah

Kellie Mannette, JD
Thomas, Ferguson & Beskind
Durham, North Carolina

Managing the Digital Avalanche: Strategies for Handling Voluminous Digital Discovery 
(1.0 hr)

As criminal cases increasingly involve large volumes of digital evidence, from cell phone data to social media records, criminal defense attorneys face growing challenges in managing, reviewing, and analyzing these materials effectively. This panel brings together three experienced professionals, each offering a unique perspective on tackling digital discovery in high-stakes cases.

Panelists will share practical strategies for:

• Organizing and reviewing digital evidence efficiently.

• Leveraging technology tools to streamline the discovery process.

• Identifying key evidence while mitigating risks of information overload.

Attendees will gain actionable insights into developing a systematic approach for managing digital discovery, ensuring compliance with Rules of Professional Responsibility, and building stronger cases for their clients. Whether you’re navigating terabytes of data or preparing for trial, this panel offers essential guidance for criminal defense teams.

4:30 pm

Closing Remarks

Continuing Education Credit: Approved for 6.0 CLE credits (1 hr Technology and 1 hr Ethics and Professional Responsibility) for participants and for three years of the Capital Defender's Office CLE requirements.