Home / Crime and Justice / Judge Orders Cell Phone Turnover in Malibu Crash Case
Judge Orders Cell Phone Turnover in Malibu Crash Case
10 Feb
Summary
- Judge ordered prosecutors to release suspect's cell phone.
- Suspect faces murder charges in crash killing four students.
- Defense seeks phone data to dispute prosecution's speed claims.
A judge has ordered prosecutors to provide Fraser Bohm's cell phone to a defense-hired expert for data extraction. Bohm, 24, faces four counts of second-degree murder and vehicular manslaughter in the October 17, 2023, crash that killed four Pepperdine University students on Pacific Coast Highway. His attorneys contend the phone's data, including accelerometer and geolocation information, is vital to counter the prosecution's theory of implied malice, which hinges on his alleged high speed.
Prosecutors had resisted turning over the phone, fearing data alteration. The judge ruled that the phone must be delivered to a defense expert's lab with prosecutors observing the data download. Additionally, the court ordered the turnover of accident reports and speeding tickets from the past decade and two years, respectively, to aid the defense in challenging the prosecution's implied malice argument.
Bohm's defense team argues that the data could show that speeding on that stretch of PCH does not always lead to fatal consequences, citing statistically fewer fatal accidents. The victims, Niamh Rolston, Asha Weir, Peyton Stewart, and Deslyn Williams, were all seniors at Pepperdine. Bohm remains free on $4 million bail, with a trial tentatively set for late June. The victims' families have filed wrongful death lawsuits against Bohm and various government entities, alleging dangerous road design.
