Attorneys for the twin Alexander brothers, prominent in luxury real estate, and their friend, who are accused of sexually assaulting women in South Florida, will be allowed to obtain limited data from one of the accuser's sister's cell phone.
Miami-Dade prosecutors allege Ohad Fisherman, a South Florida real estate broker, joined Alon and Oren Alexander in a “gang rape” where he pinned a 25-year-old woman at a New Year's Eve party on Miami Beach as both brothers forcibly raped her.
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WATCH HEREThe alleged victim's sister connected to the New Years Eve weekend incident was ordered by Judge Lody Jean on Thursday to provide her cell phone to an expert, who will extract data from text messages and photographs taken between December 31, 2016, to January 1, 2017, and provide that information to attorneys.
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The order stems from defense attorneys questioning the authenticity of screenshots of images and text messages provided to them by the alleged victim's sister through a recent deposition.
The images provided to NBC6 by the state attorneys office included beach shots and of palm trees in South Beach. Additionally, there are several screen shots of text messages where the alleged victim is seen conversing about the Alexander brothers with an unidentified person.
In a message around June of unidentified year, there is conversation between the alleged victim and someone else about news reports regarding 15 people speaking out with rape allegations against the Alexander Brothers.
"Idk if this complicates or not but so many people are now pressing charges," the alleged victim appears to write, according to the messages provided to NBC6 by the state attorneys office.
In another message the alleged victim appears to respond to a message someone sent her about the brother's family being "the worst people," by writing "Ya that's why I've been scared to reach out honestly bc I'm not sure what they are capable of. They are Israel's and honestly savages. Like I always thought they would hire someone to kill me if I spoke out."
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Defense attorneys on Thursday wanted the alleged victims' sisters cell phone extraction and metadata for the images provided, ideally to understand where or when the photo was captured.
"You cannot just take a screenshot of the text message and say this is from this day and this is what was said because hey defendants could find cell phones and remember text messages any day of the week," said Juan Michelin, a defense attorney for Fisherman.
However, prosecutors objected "to a forensic extraction of her cellular telephone as an invasion of her right to privacy." Adding, "So the allegation is she’s created and fabricated these messages is that really what is going on here judge?" asked Lara Penn, an Assistant State Attorney.
At the end of the hearing, the judge granted the temporary phone extraction to the limited dates of when the alleged New Years Eve incident occurred.
The Alexander brothers and Fisherman have pleaded not guilty.
