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Crime The Courts

How Gmail Server Evidence Led to a Jury Verdict of $23.2 Million For Wrongful Death (andrewwatters.com) 33

Long-time Slashdot reader wattersa is a lawyer in Redwood City, California, and a Slashdot reader since 1998. In 2022 he shared the remarkable story of a three-year missing person investigation that was ultimately solved with a subpoena to Google. A murder victim appeared to have sent an email at a time which would exonerate the chief suspect. But a closer inspection of that email's IP addresses revealed it was actually sent from a hotel where the suspect was staying. ("Although Google does not include the originating IP address in the email headers, it turns out that they retain the IP address for some unknown length of time...")

Today wattersa brings this update: The case finally went to trial in July 2025, where I testified about the investigation along with an expert witness on computer networking. The jury took three hours to return a verdict against the victim's husband for wrongful death in the amount of $23.2 million, with a special finding that he caused the death of his wife.

The defendant is a successful mechanical engineer at an energy company, but is walking as a free man because he is Canadian and no one can prosecute him in the U.S., since Taiwan and the U.S. don't have extradition with each other.

It was an interesting case and I look forward to using it as a model in other missing person cases.

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How Gmail Server Evidence Led to a Jury Verdict of $23.2 Million For Wrongful Death

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  • by machineghost ( 622031 ) on Sunday July 20, 2025 @02:40PM (#65532948)

    "because he is Canadian and no one can prosecute him in the U.S., since Taiwan and the U.S. don't have extradition with each other."

    If he's Canadian, what does Taiwan have to do with it? Did someone leave out the part where he fled to Taiwan?

    • by wattersa ( 629338 ) <andrew@andrewwatters.com> on Sunday July 20, 2025 @02:45PM (#65532956) Homepage

      I was referring to the overseas murder statute in the U.S., 18 U.S.C. sec 1119. It prohibits murder of a U.S. citizen overseas, but only applies to U.S. nationals, i.e., citizens. Because the defendant is Canadian, he cannot be prosecuted in the U.S. for killing a U.S. citizen overseas. He is a free man unless and until they can prove he planned or covered up the crime in the U.S.

      • Comment removed based on user account deletion
        • It succinctly shows what is wrong with America and its justice system.

          Not this time. Unfortunate, but nothing wrong on the USA this time. This is the way extraterritoriality is applied, e.g. to punish sex tourism / abuses against children in remote countries. Say A citizen of country A travelling to X to commit something, can be judged upon return to A, if for whatever reason X could not prosecute (e.g. absence of laws against the acts in question, apparently happened a lot in the past in sex abuse cases). This exists because many countries will not want to extradite their ci

        • There is no international Dog, the bounty hunter?

          Private kidnapper services are pretty much a strictly US thing. And its insane that its legal over there.

          And international bounty hunters will never be a thing because there are *serious* problems with juristiction.

          If Dog turned up here in australia to grab someone, you could bet your bottom dollar the cops would be intercepting him hard and charging him with a conspiracy to kidnap someone.

          Actual legal processes dont always succeed but they are *far* better t

    • Re: (Score:2, Informative)

      by Anonymous Coward

      The Slashdot story from 2022 linked in the summary has more info.

      https://yro.slashdot.org/story... [slashdot.org]

  • He is not "successful". He is just an asshole. The defendant is a successful mechanical engineer at an energy company, but is walking as a free man because he is Canadian and no one can prosecute him in the U.S., since Taiwan and the U.S. don't have extradition with each other.
    • I want to know how a successful engineer doesn't know about ip addresses or how to tunnel through his home network
      • I consider myself a very talented engineer. I worked at a few fortune 500 companies. I still don't know much about ip addresses. I downloaded Tor once, checked out the "dark web", and thought: "That aint for me". I believe in ethics. I build things that work. I look at things that are in front of me. Others, who say they are "Engineers", look at the work at what I am doing, and try to break it. I have no time for that kind of thinking, and I do not consider them Engineers, they are criminals, a
  • by tekram ( 8023518 ) on Sunday July 20, 2025 @02:54PM (#65532970)
    https://padailypost.com/2025/0... [padailypost.com]

    She disappeared after sightseeing with Herchen at Taroko National Park on Nov. 29, 2019.

  • by gardyloo ( 512791 ) on Sunday July 20, 2025 @03:02PM (#65532978)

    'Exonate'?

  • Although Google does not include the originating IP address in the email headers, it turns out that they retain the IP address for some unknown length of time...

    Undisclosed anyway. I imagine Google knows. Then again... :-)

  • It seems they obtained this digital evidence in an altogether legal and appropriate way: using a court order. There's no hint that this is some kind of invasion of privacy.

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