Brian Hudak — Direct
111 linesJUDGE NEWMAN: You may call your next witness.
MR. CONRAD: State calls Brian Hudak.
The witness, BRIAN HUDAK, was first duly sworn and testified as follows:
COURT CLERK: If you will have a seat on the stand, and if you will state your name, adjust that microphone there, and spell your last name for the record.
BRIAN HUDAK: Brian Hudak, H-u-d-a-k.
DIRECT EXAMINATION
BY MR. CONRAD:
MR. CONRAD: All right, Agent Hudak, how are you doing today?
BRIAN HUDAK: Pretty good.
MR. CONRAD: Where are you employed?
BRIAN HUDAK: South Carolina Law Enforcement Division, also known as SLED.
MR. CONRAD: All right, and what is your duties there?
BRIAN HUDAK: I'm a Special Agent in computer crimes.
MR. CONRAD: All right, and just briefly, what do your duties entail?
BRIAN HUDAK: I conduct forensic examinations: cell phones, computers, vehicle infotainment modules, any sort of electronic device that can hold evidence. Also I'm an evidence custodian for the unit.
JUDGE NEWMAN: Just a moment, sir.
(Break in proceedings.)
JUDGE NEWMAN: All right. We're going to have the jury go to the jury room for a recess.
(The jury left the courtroom.)
JUDGE NEWMAN: Ladies and gentlemen, we have to evacuate the building at this time, so we'll be in recess until we discover what's going on. We will -- we'll couple this with a lunch break until 2:30.
(Court proceedings were interrupted at this time. A lunch break was also taken.)
JUDGE NEWMAN: You may bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, sir.
JUDGE NEWMAN: Thank you, ladies and gentlemen. We are now ready to proceed. And counsel, you may proceed.
MR. CONRAD: Please the court?
CONTINUED DIRECT EXAMINATION
BY MR. CONRAD:
MR. CONRAD: All right, Agent Hudak, before we got interrupted there, I think you were explaining your duties. Let's just start there again. What are your duties at SLED, sir?
BRIAN HUDAK: I'm in the Computer Crimes Lab. I'm responsible for examining digital evidence, be it cell phones, computers, vehicle infotainment systems. I also respond to network intrusion incidents, and I'm the evidence custodian.
MR. CONRAD: Okay, and in the course of your duties at SLED, did you have occasion to come into contact with a 2021 Chevrolet Suburban that was driven by the defendant on the night of the murders?
BRIAN HUDAK: Yes, I did.
MR. CONRAD: Okay, and what was your role with that vehicle? What did you do with that vehicle?
BRIAN HUDAK: I was contacted about potentially removing the infotainment system for examination. However, it was unsupported by the tool I use, so I was asked to still remove said infotainment and OnStar Systems to be sent off for further examination.
MR. CONRAD: Okay. I'm going to show you what's been marked as State's Exhibit 444. Do you recognize that document, sir?
BRIAN HUDAK: Yes. That's a SLED property receipt that I filled out with information for the infotainment module and the OnStar module.
MR. CONRAD: And is that the document you filled out when you removed that infotainment center?
BRIAN HUDAK: Yes, it is.
MR. CONRAD: And what else did you remove?
BRIAN HUDAK: Infotainment module and an OnStar module.
MR. CONRAD: Okay, and you just testified that SLED did not have any tools that gave you the ability to actually analyze those items. Is that correct?
BRIAN HUDAK: Correct. The software I have access to, which as far as I know was basically the only software, it was unsupported by that at the time.
MR. CONRAD: And do you know if even today that software supports this particular vehicle?
BRIAN HUDAK: I don't believe it is.
MR. CONRAD: Okay. All right, and I'm going to show you what has been marked for ID only at this point Items 447 and 448 and see if you recognize those items, sir.
BRIAN HUDAK: Yes, I do. It's the -- that infotainment module and the OnStar module.
MR. CONRAD: Okay, and those -- are those the items that you removed from that 2021 Suburban?
BRIAN HUDAK: Yes, they are.
MR. CONRAD: Okay. I'm going to ask you is -- let's start with the entertainment center. I believe there is a serial number printed on that. Could you read that serial number on the infotainment center into the record, please?
BRIAN HUDAK: 4320312170000296.
MR. CONRAD: Okay, and your Exhibit 444, which is your paperwork you filled out when you removed it, did you write that serial number on that paperwork?
BRIAN HUDAK: Yes, I did.
MR. CONRAD: All right, and you don't have to read it out loud again, but can you compare the serial number for the infotainment center on your property sheet with the serial number on that box and tell me if they match?
BRIAN HUDAK: They do.
MR. CONRAD: All right, and then what's the other item, 447? What is that?
BRIAN HUDAK: The LG OnStar module.
MR. CONRAD: Okay, and did that have a serial number somewhere on it?
BRIAN HUDAK: It does, but I cannot read it in the bag.
MR. CONRAD: All right. Would you be able to read -- anything to help you read it? If we open it up, would it make it easier?
BRIAN HUDAK: Yeah, if I could remove it.
MR. CONRAD: All right. Can you -- do you have a night knife on you that you could open that up?
BRIAN HUDAK: I do.
MR. CONRAD: Okay.
(Break in proceedings.)
MR. CONRAD: And it looks like you're doing something else there, just for the record --
BRIAN HUDAK: It appears to be a Federal Bureau of Investigation evidence tape that's actually right over the serial number, and the letters in federal are preventing me from reading it, so --
MR. CONRAD: Is it able -- can you peel it up a little bit? If it's not possible, it's not possible.
BRIAN HUDAK: It does not appear that's coming up.
MR. CONRAD: Okay. All right, but could you read -- could you read the -- excuse me, on the property receipt, could you read the serial number on your property receipt for the OnStar?
BRIAN HUDAK: Yes. It is 009 Venter, India, Echo, Yankee, 519052.
MR. CONRAD: And to the best of your knowledge, is the unit you're holding that exact unit you took out of that vehicle?
BRIAN HUDAK: Yes, and for the letters and numbers of the serial number I can see, what I can see, it does match up.
MR. CONRAD: Okay. All right.
MR. CONRAD: At this time, the State would move to introduce Exhibit, the property receipt, 444 into evidence.
MR. BARBER: No objection.
JUDGE NEWMAN: It's admitted.
MR. CONRAD: Thank you, Your Honor.
(PROPERTY RECEIPT MARKED AS STATE'S EXHIBIT NUMBER 444 WAS RECEIVED INTO EVIDENCE.)
MR. CONRAD: All right, and I'm going to show you what's been marked as Exhibit 445, 445, and let me see if you just recognize that document.
BRIAN HUDAK: Yes, I do.
MR. CONRAD: All right. Is that a document that you personally prepared?
BRIAN HUDAK: No, it is not.
MR. CONRAD: All right, but is that another property receipt?
BRIAN HUDAK: Yes, it is.
MR. CONRAD: And are those records that SLED -- property receipts, are those records SLED keeps in the normal course of business?
BRIAN HUDAK: Yes.
MR. CONRAD: Okay. All right, and do you recognize the name and signature of who did prepare that receipt?
BRIAN HUDAK: Yes.
MR. CONRAD: Who is that?
BRIAN HUDAK: Lieutenant Britt Dove.
MR. CONRAD: Okay, and what does that property receipt represent?
BRIAN HUDAK: It appears to be representing the GM infotainment module and the LG OnStar mode change of custody for the purpose of providing to the FBI for examination.
MR. CONRAD: Do you know how that those two things were sent to the FBI?
BRIAN HUDAK: I do not.
MR. CONRAD: All right, and the serial number, the GM infotainment serial number, you don't have to read it again, but could you compare that to the serial number on the infotainment center?
BRIAN HUDAK: They match.
MR. CONRAD: Okay, and then -- I know you couldn't read the full serial number on the OnStar, but the letters that you can see, can you compare those with the serial number on the second property receipt?
BRIAN HUDAK: For the ones I can see, they do match.
MR. CONRAD: Okay. All right.
MR. CONRAD: And at this time I'm going to move to introduce Exhibit 445 into evidence.
MR. BARBER: No objection, Your Honor.
JUDGE NEWMAN: Admitted without objection.
(PROPERTY RECEIPT MARKED AS STATE'S EXHIBIT NUMBER 445 WAS RECEIVED INTO EVIDENCE.)
MR. CONRAD: All right, and at this time I'm just going to move that Items 447 and 448 be marked for ID only at this point.
JUDGE NEWMAN: You don't have to move for them to be marked for ID only.
MR. CONRAD: Yes, sir. I'm just going to mark them for ID only at this point. Nothing further for this witness, Your Honor.
JUDGE NEWMAN: Anything by the defense?
MR. BARBER: No questions, Your Honor.
JUDGE NEWMAN: All right. Thank you, sir.
(The witness exited the stand.)
(CAR MODULES INDIVIDUALLY MARKED AS STATE'S EXHIBIT NUMBERS 447 AND 448 FOR IDENTIFICATION.)