GPS logs ruled inadmissible as evidence in drug case

The Somerset County Prosecutor's Office will not be able to use evidence from the global positioning system investigators used to track a suspected drug dealer to a stash of guns and drugs, an appeals court ruled yesterday.

Echoing a lower court's ruling, the appellate judges said the state repeatedly failed to provide an expert to testify about the unit authorities installed on Eric Pittman's truck in June 2005. The state used information from the unit to link Pittman to an apartment in Edison, where they allegedly found the contraband. The Franklin man, 36, is facing trial for multiple offenses stemming from that investigation, including first-degree possession of cocaine with intent to distribute. He is accused of being a major supplier in Somerset and Middlesex counties.

Father and son defense lawyers Steven and Joshua Altman questioned the scientific reliability of the system manufactured by Canada-based Orion Electronics Ltd., and wanted an expert opinion on the specific device used.

Assistant Prosecutor Frank Kolodzieski II argued that an expert from Orion was not necessary, because GPS evidence is generally accepted in courts and has been used for years.

Superior Court Judge Edward Coleman agreed to allow the state to withhold exactly where they planted the GPS, but there were still questions about how it was installed, how it was used and whether it was used properly, court papers say.

During a hearing last year, Kolodzieski called Keith McDonald, an engineer who has been involved in the development of GPS technology since its inception. He described how the technology works and its acceptance in the scientific community. Detective Sgt. Christopher Palfy also testified from the prosecutor's office. Trained by Orion, he installed the unit and said the system was used in conjunction with wiretaps. He also showed a series of maps with dots charting the vehicle's travel, and several officers testified that they saw Pittman at various locations the maps reflected.

The defense objected, insisting there was inconsistency between the maps and the GPS logs. The Altmans also argued that they had no way of testing Palfy on what he learned from Orion.

Coleman refused the evidence and rejected the state's motions for reconsideration and to call a witness from Orion.

In affirming his rulings, the appellate judges said: "Here, the trial judge decided that expert testimony, beyond that of McDonald, who attested only to the acceptance of GPS technology in general, was essential to determining the accuracy and trustworthiness, and therefore admissibility, of the particular GPS device used in this case. We agree."

Jennifer Golson may be reached at jgolson@starledger.com.