Despite recent legal victories, a controversial phone and internet-tracking software that uses artificial intelligence is unraveling behind the scenes in Summit County.
Ninth District Court of Appeals judges overturned the exclusion of the technology called CyberCheck in two murder cases in September. At the same time, questions posed by its opponents and former supporters of the software could limit or entirely halt its use.
Attorney Donald Malarcik has also repeatedly called into question the credibility of Adam Mosher, CEO of Global Intelligence Inc., the creator of CyberCheck.
Malarcik has accused Mosher of lying under oath and questioned the reliability of his software.
"The Court of Appeals has not sanctioned the use of CyberCheck in any way," Malarcik said after one appellate decision in September. "All of the problems associated with Mr. Mosher and his software are still present."
The Summit County Prosecutor's Office, which lauded the software under former Summit County Prosecutor Sherri Bevan Walsh, dropped CyberCheck as evidence across multiple murder cases starting in June after her successor, Elliot Kolkovich, took office.
Without the software, there's no way to replicate CyberCheck's findings," Malarcik said. "His software does not save the data points that he concludes link our client to the crime scene."
Malarcik filed motions to compel prosecutors to produce software they didn't have on hand. Eventually, two cases went before the Ninth District Court of Appeals where they were reversed in favor of prosecutors.
