Fulton County Superior Court

***EFILED***NC
Date: 2/23/2024 9:18 AM
Che Alexander, Clerk

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

STATE OF GEORGIA, :
:
Plaintiff, :
:
v. : CASE NO. 23SC188947
:
DONALD JOHN TRUMP, : Judge: Scott McAfee
:
Defendant. :

SUPPLEMENTAL DEFENSE EXHIBIT 38 TO THE HEARING ON

DEFENDANTS’ MOTION TO DISMISS AND DISQUALIFY

President Trump hereby files this proposed Supplemental Defense Exhibit 38

to the hearing on Defendants’ Motion to Dismiss and Disqualify. Proposed

Supplemental Defense Exhibit 38 consists of an affidavit from defense investigator

Charles Mittelstadt certifying the CellHawk analysis and reports which are attached

to the affidavit as Exhibits A-C. The CellHawk analysis and reports as well as the

certified AT&T records have been provided electronically via a cloud folder link

contained in the courtesy service email. Mr. Mittelstadt, the author of Exhibit 38, is

available to testify at the Court’s convenience.

Respectfully submitted,

Steven H. Sadow
STEVEN H. SADOW
Georgia Bar No. 622075
Lead Counsel for Defendant
260 Peachtree Street, N.W.
Suite 2502
Atlanta, Georgia 30303
404-577-1400
[email protected]

Jennifer L. Little
Jennifer L. Little
Georgia Bar No. 141596
Counsel for Defendant
400 Galleria Pkwy
Suite 1920
Atlanta, Georgia 30339
404-947-7778
[email protected]
 CERTIFICATE OF SERVICE
I hereby certify I electronically filed the foregoing document with the Clerk

of Court using Odyssey Efile Georgia electronic filing system that will send

notification of such filing to all parties of record.

This 23rd day of February, 2024.

/s/ Steven H. Sadow

STEVEN H. SADOW
 AFFIDAVIT OF CHARLES MITTELSTADT

My name is Charles Mittelstadt. I am 59 years of age. I am a criminal defense investigator working

with attorneys Steve Sadow and Jennifer Little in support of the defense of Donald J. Trump in
23SC188947. In conjunction with counsel of record for Michael Roman, on or around February 9,
2024, I personally served a request for records upon AT&T’s Subpoena Compliance Center. The
requested documents included voice call/text history as well as specialized location data for
AT&T number xxx-xxx-5822 belonging to subscriber Nathan Wade.

On the morning of February 15, 2024, counsel received the response from AT&T containing an
encrypted link to the requested records, and I was provided access to the .zip file containing the
response from AT&T. Following my review of the .zip file, I confirmed that AT&T fully complied
with the request, the bulk of which included records for the period 01/01/2021 through 11/30/2021.
The certified records from AT&T are included in the cloud folder titled AT&T records which is
being contemporaneously served upon all parties.

Upon receipt, I began an analysis using a Leads Online analytics tool called CellHawk. CellHawk
is considered by law enforcement to be the gold standard in cell phone records analytics. It is used
throughout the United States and Georgia by law enforcement agencies and should be well known
to the Fulton County District Attorney’s Office.

As a Board-Certified Criminal Defense Investigator, having specialized in criminal cases for over
25 years, I routinely use CellHawk to conduct analysis on records, both on initiated subpoenas and
those received in discovery. My firm was granted a license and completed training in 2019, I pay
an annual licensing fee, and CellHawk is the program I use exclusively to analyze such records.
Since that time, my staff and I continuously attend webinars and remain up to date on training and
the latest features available via CellHawk analytics. I have a strong working knowledge of its
capabilities and limits, and I have extensive experience utilizing this program to analyze cell phone
data. While I am not a cell phone tower engineer or expert, I have the equivalent experience and
training of those individuals routinely tasked by law enforcement agencies or the District
Attorney’s Office with identical analysis responsibilities.

A cornerstone of the CellHawk analytics tool is the inability to manipulate the data. Data is
uploaded as received by the cell provider custodian. Once loaded, it can be queried and examined
in innumerable ways. From there, data reports can be generated using filters, and the geolocation
data can be displayed in unlimited ways, including via an animated map.

Under normal circumstances, analysis is conducted on data involving far narrower record periods,
perhaps a few days or even a few weeks. It is difficult to understate the amount of data in this
scenario, however. While the sheer size in no way impacts the ability to conduct the analysis, it
did require a different approach in order to narrow down potential dates to explore. I began my
analysis by focusing on two distinct reports:
1) Generating a report, attached as Exhibit A, isolating all interactions (this includes voice calls
and text messages) between Mr. Wade and Ms. Willis during the period of available records in
2021: The dates, timing, frequency and duration of these interactions are included as part of the
report. That report revealed over 2000 voice calls and just under 12,000 text messages exchanged
over the 11-month period in 2021. A heat map, attached as Exhibit B, highlights the interaction
patterns which demonstrate a prevalence of calls made in the evening hours.

2) Focusing on geolocation activity near 3300 Dogwood Drive, Hapeville, GA 30354, which was
testified to by Ms. Yearti as the address of her condominium, and generating a report to reflect
such activity, attached as Exhibit C: Given the urgency associated with the need to analyze this
newly acquired data against the relevant testimony, I constructed a very conservative geofence
which isolated the two cell towers in closest proximity to this address (one roughly 3000’ and the
other 2000’ away). The purpose of this geofence was to conduct an initial assessment of whether
Mr. Wade’s phone ever connected to these towers. Additionally, this modality was used to
eliminate the possibility that hits could be associated with routine travel on either I-75 or I-85 or
visits to nearby attractions or the airport. Following that initial conservative sweep limited to those
2 towers, I further constrained those findings to hits on Alpha Sector or Azimuth 2 which pointed
directly at the Dogwood Drive community. Additionally, the report was limited to those occasions
when the phone was connected for an extended period.

This conservative analysis using the above referenced modality revealed a minimum of 35
occasions when Mr. Wade’s phone connected for an extended period to either one of those towers
in closest proximity to the Dogwood address based upon associated data use, voice calls or text
messages. The data reveals he is stationary and not in transit. A deeper analysis of the data would
reveal additional details such as where his travel began or ended. For purposes of my analysis, I
determined that his residence is located in East Cobb and was able to review the records which
demonstrate his phone pinging off the associated towers near his residence for consistent periods.

Because of the limitations in analyzing the sheer volume of data and preparing the report, I was
directed to conduct a deeper analysis on two specific dates: September 11-12, 2021 (before I
understand Mr. Wade was hired) and November 29-30, 2021 (prior to what I understand was the
in-court testimony that the romantic relationship began in 2022). Specifically, on September 11,
2021, Mr. Wade’s phone left the Doraville area and arrived within the geofence located on the
Dogwood address at 10:45 P.M. The phone remained there until September 12 at 3:28 A.M. at
which time the phone traveled directly to towers located in East Cobb consistent with his routine
pinging at his residence in that area. The phone arrived in East Cobb at approximately 4:05 A.M.,
and records demonstrate he sent a text at 4:20 A.M. to Ms. Willis.

Additionally, on November 29, 2021, Mr. Wade’s phone was pinging on the East Cobb towers
near his residence and, following a call from Ms. Willis at 11:32 P.M., while the call continued,
his phone left the East Cobb area just after midnight and arrived within the geofence located on
the Dogwood address at 12:43 A.M on November 30, 2021. The phone remained there until 4:55
A.M..
‘The findings and data are presented in a PowerPoint presentation. According to CellHawk,
PowerPoint screen recordings are deemed tobe the best way to present, in a transparent way, the
totality of the data upon which the animated map feature was built. It allows for simultancous
viewingofthe timeline, route oftravel(towerhits), towerinformation, sourceofthe hit (call, data,
text), and clapsed time, among other features. Furthermore, juxtaposed to communications or the
absence thereof, additional conclusions may be drawn from the data
1 declor€ under pohalty of perjury that the foregoing is true and correct. Executed on February
24204.

Charles Mittelstadt
 CERTIFICATION OF CELL RECORD ANALYSIS
GENERATED FROM CELLHAWK ANALYTICS

I hereby certify that the following reports were generated from the certified AT&T records utilizing
the CellHawk analytics program and were not manipulated or edited to reflect anything other than
the available generated reports from the analytics tool:

Exhibit A titled "Wade Willis Interactions for 2021 ": data report of all communications (text
and calls) between Nathan Wade (xxx-xxx-5822) and Fani Willis (xxx-xxx-0065) from
Janua1y 1, 2021 to November 30, 2021

Exhibit B titled "Wade Willis Heat Map 2021": heat map report reflecting the timing of
interactions with a prevalence of calls made in the evening hours

Exhibit C PowerPoint Presentation titled N. Wade Geolocation Highlights in 2021

Slides 11-44 "Initial Search for Wade Visits within Dogwood Geofence": conservative data
search described in the attached affidavit revealing Mr. Wade's cell phone pinging off of one of
the two towers closest to the Dogwood address for an extended period of time on 35 occasions
during the period ranging from April 1, 2021 to November 30, 2021

Slides 5-7 "September 11 to 12": deeper analysis desc1ibed in the attached affidavitof Mr. Wade's
cell phone tracking from September 11, 2021 to September 12, 2021 revealing the following
activity:
o Leaving the Doraville area at approximately 10:15 P.M.
o Traveling directly to and arriving within the geofence located on the Dogwood
address at approximately 10:45 P.M.
o Leaving the Dogwood address at approximately 3:28 A.M.
o Traveling directly to towers near his Marietta residence in East Cobb and arriving
at 4:05 A.M.
o Texts Fani Willis at 4:20 A.M.

Slides 8-10 "November 30": deeper analysis described in the attached affidavit of Mr. Wade's cell
phone tracking on November 30, 2021 revealing the following activity:
o Following a call from Fani Willis at 11:32 P.M which continues for 40 minutes
o Leaving the towers located near his residence in East Cobb at approximately 12:05
A.M.
o Outgoing call at 12:38 A.M. to Fani Willis
o Traveling directly to and arriving within the geofence located on the Dogwood
address at 12:43 A.M.
o Leaving the Dogwood address at approximately 4:55 A.M. and traveling to the
Atlanta area
1deg penalty of perjury that the foregoingis true and correct. Executed on February
p>;

/A Charles Mitelstadt