Saturday, August 25, 2007
Time stamp on photos key issue at Shell trial
The defense tried to cast doubt on the time stamped on the last photos taken that day.
RADFORD -- In a videotaped interview with a Radford police detective, Bob Shell agreed over and over that only a few minutes passed between the time he stopped photographing 19-year-old Marion Franklin and the time he called 911 to report that she was unresponsive.
"As soon as I took the last picture, I knew she was in trouble," Shell told Detective Andy Wilburn in an interview that was played for jurors Friday, the fourth day of testimony in the homicide case against Shell.
Shell, now 60, is charged with supplying the morphine on which Franklin overdosed after a photo shoot in his West Main Street studio June 3, 2003. He also is charged with defiling her corpse.
Commonwealth's Attorney Chris Rehak has said Franklin was already dead when Shell had sex with her and photographed himself touching her.
There's a gap of less than 10 minutes between the time stamped on the last photograph found of Franklin and the time Shell called 911. Rescue workers have testified that Franklin was cool to the touch when they attempted to revive her.
Shell's attorney, Jonathon Venzie, attempted to cast doubt on the time stamped on those photos, showing jurors Friday that the information embedded in digital images isn't always reliable.
He showed the jury a set of bondage photos taken the day Franklin died. The date stamp on one copy of photos was Dec. 31, 1979 -- before Franklin was born.
Venzie noted that Wilburn's own photos from the investigation had an incorrect date stamp, showing that they had been modified nearly four hours before police and rescue workers arrived at Shell's studio.
Also, Venzie said, more than one set of the photos taken that day exist and each has a different time stamp.
When copies of the photos were made, the hours they were taken -- but not the minutes -- changed.
Charles Pruitt with the Virginia Department of Forensic Science testified Friday that the microdrive that stored the images showed that the last photo was taken at 6:53 p.m. -- information he obtained with the help of Canon, the camera manufacturer.
Copies showed the last photo taken at 2:53 p.m. and 3:53 p.m.
Several times during his interview with Shell, which lasted about an hour and 40 minutes and took place four days after Franklin's death, Wilburn told Shell the last photo was taken at 6:52 p.m. and Shell didn't dispute that.
At one point, Shell suggested that the clock on his camera could have been wrong.
"But from what you've told me," Wilburn responded, "just a few minutes passed" between the time of the last photo and the 911 call.
"That's right," Shell said. "The whole thing for her was to pretend to be sleeping" as he took photos.
In a taped interview with John Perry, who at the time was a special agent with the Virginia State Police, Shell said Franklin actually was asleep as he took the final photos of her. He said she consented ahead of time to his touching her.
He contended that she was not dead, though.
"She was still making noises," he told Wilburn. "A dead person doesn't snore."
In the interview with Perry, Shell said he thought an hour must have passed between the last photo and his 911 call. He again suggested the clock on his camera was wrong.
Pruitt testified that when he checked the time set on Shell's camera it was within a minute of the atomic clock.
Asked in the interviews with Wilburn and Perry how Franklin could have gotten into the liquid morphine that was prescribed to his late mother, Shell said he normally kept it in a locked cabinet. That day, he said, he unlocked the cabinet to get something and forgot to lock it back.
Rehak said he is close to wrapping up his case against Shell. A medical examiner is expected to testify when the trial resumes Monday.
The trial is scheduled to last through next week.











