Corinne Mull, counsel for the Rosenbaums, argued the warrants were not obtained until after she made multiple requests stretching over a year-and-a-half to get the devices back, claiming they were needed for the couple's defense. The lower court ruling last year delayed the Rosenbaums' trial in the death of 2-year-old Laila Daniel and the alleged physical abuse of her 4-year-old sister, whom the Rosenbaums were fostering, according to the opinion and appellate briefs filed in the case.
Supreme Court Tosses Cellphone Evidence in Former Emory Law Student's Murder Trial
Rosenbaum, a former foster child, first met Laila when she was interning with the Henry County district attorney, according to news reports. Laila died after Rosenbaum summoned emergency personnel to the house, claiming the toddler had choked on a piece of chicken, according to appellate briefs.
But EMTs who responded to the call and hospital personnel said the child had significant bruising and abrasions all over her body, the briefs said. Mull has said the child's abdominal injuries may have happened when Rosenbaum administered the Heimlich maneuver and CPR.
Henry Co. Probate Court
In appealing the trial judge's ruling, prosecutors said evidence obtained from the Rosenbaums' devices included their communications with each other and with other witnesses via phone, email, messages and social media on the day of Laila's death and during the entire time Laila and her sister were in their custody. The data also included communications with the children's biological family, social workers and witnesses "that had previously observed injuries" Laila suffered, prosecutors argued.
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