asked.
“Modify a program,” Perry repeated. “Every time you save a file, you modify a program or data. That is part of a program. So the answer is every time you save, you modify. That’s the truth.”
“Other than just saving, have you ever modified a program ?”
“Sure, I have. I’ve installed pieces of programs where you don’t fully install the program (when initially loading it into the computer). You take pieces of it out. You put pieces of the program in as part of the installation process. I’ve deleted programs. I mean, again, I just think it’s imprecision in language. I’m not being evasive. I just don’t understand what you’re trying to ask me.”
“When did you last use or attempt to use the computer before the police came and found that the hard drive had been ripped out?”
“I don’t remember, but I do know—wait. I’m sorry,” Perry said. “That—I did not answer your question properly. The last time I used the computer—that I turned it on physically before the police executed a search warrant on my house and I learned that the hard drive was gone—was in the presence of Detective David Miller and one other police officer.”
“Was that, to the best of your memory, within a week of . . . your discovery of the hard drive being ripped out?”
“I think so,” Perry responded. “I think that I discovered that the hard drive was missing. I don’t know the exact date they executed the search warrant of my house. It was the fifteenth or the seventeenth of September. I can’t remember.”
Jones offered the date as the fifteenth of September.
“That was like . . . a Wednesday?” Perry asked.
September 15, 1996, was actually a Sunday, but neither Perry nor the questioner, Jones, seemed to know that. In actuality, the search warrant in question had been executed on September 17, 1996, a Tuesday.
“Anyway, if the police executed, assuming that it was Tuesday—I don’t remember the date,” Perry said. “But if they . . . came to my house with their corps of paramilitary boot-camp folks . . . and executed their first search warrant on Tuesday, then I think that Detective Miller—inspected my computer Wednesday of the week prior, because I left for the Rosh Hashanah holiday on Thursday. So I was gone Thursday, Friday, Saturday, and Sunday. I was back in town on Monday.”
Even though Perry’s testimony had been inconsistent and had wavered back and forth with regard to the date of the search warrant having been served, and had conflicted with whether the warrant had been served before or after his trip to Chicago for the Rosh Hashanah holiday, Jones’s incessant questioning was eventually able to show that the warrant had, in fact, been served upon Perry’s return. It had been at that time that Detective Miller had discovered that the hard drive was missing from Perry and Janet’s computer.
After getting the dates of the sequence of events somewhat straightened out, Jones wanted to know whether or not Perry’s house had been burglarized prior to the police arriving and discovering that the computer’s hard drive had been removed and taken from the residence. Perry responded that the house had not been burglarized, at least not to his knowledge, either before he left for Rosh Hashanah or while he was gone. He had not noticed any signs of a break-in, nor had he been aware of anything missing from his house. When he was asked whether he left his house unattended at any time in the days leading up to the point where he discovered that the computer hard drive was missing, Perry responded that he had not. He said that his father, Arthur March, had stayed at the house on Blackberry Road while he was in Chicago with the children.
“Did you leave your house unattended when you went to Chicago for the holy day?” Jones asked.
“No. My father was there,” Perry responded, “but I’m not sure he was there the whole time.”
“Why was your father there?”
“Because
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