ComputerForensicsDigest.com

Long-time Boston sportscaster and "Candlepins for Cash" host Bob Gamere, 71, was sentenced to five years in federal prison last Wednesday, following U.S. District Court Judge William Young's acceptance of the plea agreement Gamere and his attorney, William H. Kettlewell, worked out with Assistant US Attorney Robert Richardson.

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When the Berkshire County District Attorney's office in western Massachusetts loaded a CD of larceny evidence onto its computer, it found more than it expected: a computer file folder with 153 images of child pornography, as well as photos and a video of a male masturbating in front of a computer. The room in the video was one the district attorney had seen before: the evidence room at the Adams Police Department.

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The multi-faceted investigation into whether Boston mayoral aide Michael J. Kineavy in appropriately deleted emails in violation of the Massachusetts public records law is generating a small forest of statements from the principal players, but little additional information.

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After a couple of days on the road to lecture on privacy in Houston, Texas, I thought it might the Boston City Hall email controversy might have quieted down. Fat chance. In typical Beantown fashion, however, the plot has thickened like unwatched chowder. Here are a few of the highlights:

1. Yesterday, top Menino aide Michael J. Kineavy, whose fastidious email deletions sparked the controversy, announced that he is taking an unpaid leave of absence. Kineavy told journalists that he has become an unnecessary distraction for the mayor, who is in the middle of a campaign for a record-breaking fifth term.
2. In an editorial published the same day, the Boston Globe urged Massachusetts Attorney General Martha Coakley to take over the investigation, in large part because her office has subpoena power that Secretary of State William Galvin lacks. Galvin initially launched the investigation when the Meninon administration claimed that it could not supply emails sought by the Globe in a public records request. With a second computer now in play, the Globe said, "[Coakley] needs to gain physical control of the physical hardware in this case before anything goes missing."
3. Coakley is a leading Democratic contender in the upcoming U.S. Senate race to replace the recently-deceased Ted Kennedy, and undoubtedly would rather give up playoff tickets at Fenway than get involved in the swamp of Boston City Hall politics. But ignoring a formal request for assistance is not an option, so Coakley announced today that her office is working with Secretary of State Galvin to determine what action, if any, needs to be taken by her office. At the very least, it may give the attorney general a chance to use her new computer forensics lab for a high-profile case.

Not surprisingly, the Globe has used this as a teachable moment on the permanence of electronic data. It seems, however, that many people (including a number of public officials) are still under the impression that the "delete" key means what it says, despite considerable evidence to the contrary.

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The simmering saga over missing emails from the employee mail account of Michael J. Kineavy, a close aide to Boston mayor Thomas Menino, was kicked up a notch yesterday by the revelation that an old computer of Kineavy's had been found in City Hall.

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Proving yet again that "delete" is not a synonym for "destroy," at least in the context of electronic communications, Boston City Hall has released more than 5,000 emails sent by Michael J. Kineavy to other city employees. Kineavy is a top aide to Boston Mayor Thomas M. Meninon, and has been identified as a potentially relevant figure in the federal corruption investigation of former Massachusetts state senator Diane Wilkerson.

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On Tuesday, September 15, Massachusetts Attorney General (and U.S. Senate candidate) Martha Coakley announced the opening of the state's new, high-tech Computer Forensics Lab. Planning for the 3,000-square-foot facility began in the fall of 2008, and construction finished last June.

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The following is a list, by jurisdiction, of federal and state court decisions that involve or touch on some aspect of computer forensics. Every effort has been made to locate relevant decisions; however, this list is intended as a research aid only, and may not be definitive.

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Acting swiftly to comply with an order from Secretary of State William F. Galvin, the administration of Boston Mayor Thomas Menino has hired StoneTurn Group to search the hard drive of Menino aide Michael J. Kineavy. StoneTurn Group is an multinational firm offering specialized services in complex business litigation, forensic accounting, computer forensics, and employment litigation.

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The administration of Boston Mayor Thomas M. Menino has been ordered by Massachusetts Secretary of State William F. Galvin to secure various City Hall computers and hire a computer forensics firm to search for emails deleted by a top Menino aide, Michael J. Kineavy.

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