Pennsylvania State Police interview techniques and digital forensics dominated testimony Wednesday in the murder trial of Eric Mumaw, 32, Kline Township, who is charged with shooting 27-year-old David Gombert, Beaver Meadows, during an incident at Mumaw’s residence Nov. 1, 2016.

Mumaw is charged with first- and third-degree murder, voluntary manslaughter, prohibited offensive weapons, possessing an instrument of crime, simple and aggravated assault, terroristic threats, recklessly endangering another person, abuse of a corpse and tampering with evidence.

State trooper Norby Brennan was part of the second team of state police personnel to interview Mumaw two days after the crime. Brennan, a criminal investigator for Troop L, said that he “made several attempts to get some kind of emotional reaction” from Mumaw but that he “showed no emotion on any questions pertaining to the incident.”

Under cross-examination by defense attorney Andrew Katsock, Brennan testified that at the time he interviewed Mumaw, he was aware that Mumaw believed his former girlfriend was in a romantic relationship with Gombert. The former girlfriend, Kirstyn Sharbuno, testified Tuesday. She has since married.

During her testimony, she said she and Mumaw dated more than four years and lived together for about one year and continued a sexual relationship for about two months after she moved out of his residence.

“He (Mumaw) was agreeing that he was still in love with her and was hurt,” Brennan testified.

At that point in the interview, Brennan said, Mumaw stood up and picked up his chair, moving to sit closer to Brennan.

“At that time, the dynamics of the interview changed, became more personal — I told him that he was hurt,” Brennan testified, before he stated to Mumaw, “And now you’re enraged.”

“He agreed with me and said he was,” Brennan said.

Mumaw also then admitted to using the brass knuckles, saying, “That’s the first time I hit anybody ever.” Mumaw also told Brennan that Gombert staggered into the garage on his own. On redirect by First Assistant District Attorney Mike Stine, Brennan said that during the interview, Mumaw stated that he had advanced toward Gombert and punched him outside the garage.

Cellphone

Before allowing state police forensic examiner Lori McDaniel to testify, Judge Charles Miller excused the jury in order to finish a Motion in Limine Hearing. The hearing had been held before the trial but hadn’t concluded. The Motion in Limine is discussed outside the presence of the jury, to request that certain testimony be excluded.

The focus of the hearing was to discuss whether or not certain evidence gained from forensic extraction of Mumaw’s cellphone was admissible during the trial. Katsock’s assertion was that someone who had information about how to access Mumaw’s cellphone could have remotely inserted messages and/or altered time stamps.

“If the phone was unlocked, if someone else had the password, could someone else create the message?” Katsock asked.

“To my knowledge, no,” said McDaniel, who had worked for the state police as a forensic examiner for 18 years. “It would have to be someone with more technical knowledge than I have.”

Judge Miller asked her if she had an opinion, as an expert.

“I do have an opinion,” McDaniel said. “And I believe it did not happen in this case.”

Stine, ADA Tom Pellish and Katsock went through pages of McDaniel’s report, with Miller ruling on individual text “conversations.” In some cases Miller allowed messages from both individuals (Mumaw and a recipient) to be admitted; in some cases he said the recipient response would have to be redacted.

Information could be used when it could be tied to direct testimony previously given, Miller said.

“The history here corresponds with the times Mumaw had the phone under his control, and (corresponds) with testimony,” Miller said. “There is substantial circumstantial collaboration.”

Katsock put his objections on the record, stating that the evidence didn’t have “authentication as required by the Supreme Court.”

McDaniel Testifies

Pellish asked McDaniel if someone with another person’s username and password could remotely change dates and times in someone else’s phone, or remotely insert messages, and she replied “No” to each question.

Under questioning by Pellish, McDaniel described the series of photographs she extracted from Mumaw’s cellphone, which Mumaw took of Gombert’s body. She also testified about the extraction of the call log, which showed Mumaw took pictures of Gombert’s body for three minutes before calling 911, and took two pictures while on the phone with a 911 operator.

Reading from her extraction report, she testified about the text exchange between Gombert and Mumaw the evening before the shooting.

“Calm down little boy, you’re jealous that I can offer someone nice things,” Gombert texts to Mumaw.

“You’ll be least expecting what you’re getting,” Mumaw responds. “Hahaha, my hands will be used.”