IN AND FOR THE DISTRICT OF DELAWARE
CAPTAIN BARBARA L. CONLEY, :
Painting {
v. C.A. No. O4-] 394-GMS
COLONEL L. AARON CHAFFINCH,
Individually and in his official capacity as the :
Superintendent, Delaware State Police; et al. :
Defendants,
AFFIDAVIT OF ROBERT C. MOSES
l. Affiant is a Lieutenant in the Delaware State Police. He has been a police
officer since l98 l , and a Detective since tl 986. He is the otticer-in-charge ofthe
Delaware State Police High Technology Crimes Unit.
2. Your Affiant has been involved in numerous computenrelated
investigations and has drafted and executed search warrants pursuant to those
investigations. Your Afiiant Moses has extensive training in computer related
investigations. Your Affiant is certified by the International Association of Computer
Investigative Specialists to conducted forensic examination on computers used in the
commission of a crime.
3. The infomation contained in this aiiidavit is based upon my own
experience and expertise in the field, as well as information provided to me by other State
of`Delaware employees with knowledge about the issues addressed here.
4. I was asked to provide information about DSP’s computer practices
regarding the creation and storage of electronic documents and communications. All
desktop computers owned by DSP are connected to a local area network (LAN) server.
All DSP users have personal profiles, which contain settings identifying the LAN server,
which contains a personal folder for each user. Based upon rules established in the
personal profile, documents created by a user will be saved to the user‘s personal folder `
on the server, unless the user specifically designates another file path. Server files are not
part of the "hard drive" of each desktop computer, but rather are saved to the LAN
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documents to their personal server folders so that they can be accessed statewide.
5. DSP, like most major corporations, maintains a standard practice of
maintaining a computer "image" of the basic computer settings, operating system and
programs. Any new computer, problem computer or computer being re-assigned to a
new user has the basic "image“ re·loaded onto that computer. This has the effect of
overwriting most information previously contained within the computer. This does not
affect email or LAN server documents. This is done tor reasons of security and
efficiency due to the number of computers (approximately 925) within our organization.
For example, repairing individual computers would not be as eflicient as simply re-
imaging it. Any computer which is no longer going to be used by DSP is "wiped" of all
data.
6. The procedures described in the paragraph above have been in use at DSP
since at least 1999.
7. In accordance with these procedures, shortly after Colonel Aaron
Chaftinch retired in May ot`2005, his computer was re-imaged and/or wiped. I did not
personally perform this procedure. It would have been performed by an employee ofthe
DSP information Systems Support (ISS) who routinely perform these procedures. ISS
re-images approximately 75 desktop and laptop computers per month.
S. Email is the primary communication medium among DSP personnel and
other state and local agencies. Email is processed through mail servers at the Delaware
Department of Technology and Information (DTI) and does not involve the hard drive or
desktop computer. Many documents (c.g. Word, PDF files) that are shared between users
are sent via email. I requested and obtained from DTI the electronic mail account of
Colonel Chathnch, as well as Colonel MacLeish and Secretary Mitchell. This has been
provided to me in a standard Microsoft Exchange format and is currently in my
possession in a secure location at DSP HTCU.
9. DSP has contracted with Arch Paging to provide paging services to certain
DSP employees. Arch provides pagers and maintains a website, WWW-3l‘Ch.COm,
where anyone with an internet connection can connect to this webpage and send an
alphanumeric page of up to 200 characters to any Arch customer that has a pager with
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alphanumeric capability. These messages are not stored by Arch. This infomation is not
logged by DSP because it is only used for informal communications.
l0. Blackberry provides wireless handheld email/communication to its users.
All State email is sent or received through DTl’s exchange mail sewers. Blackberry
devices are synchronized with the profile which has been created tbr the user on the DTI
mail server. Emails sent to or from Blackberries are stored by DTI in the user’s exchange
mail folder in same manner as all other emails processed through the mail servers.
l 1. Colonel Chaffinch was assigned a Blackberry in October, 2004. Colonel
Chaftinch’s emails obtained from DTI would include emails sent from and received by
his Blackberry device.
BE IT REMEMBERED that on this 3 O day of , 2006
personally appeared before me, the Subscriber, a Notary Public for the State and County
aforesaid, ROBERT C. MOSES, who, being by me duly sworn according to law did
depose and say that the foregoing statement is correct to the best of his knowledge,
intbrmation and belief.
ROBERT C. MOSES
SWORN TO AND SUBSCRIBED before me on thiwglday o 2006.
krY\8·U\..m.J
Pubhc
¤ ` H4 ]¤Ann Morris
· 6 Noun; Public. Suze of Delaware
,, Commission No. 20030713-407
gal-Zi': i My Commission Expires 306107
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