DAVID J. PENROD
Expert in Electronic Discovery and Computer Examinations
PenrodEllis Forensic Data Discovery
1805 South Bellaire Street, Suite 401
Denver, Colorado 80222
Phone: 303.691.0047 Cell: 303.945.6006
Vitae Synopsis
David J. Penrod has been a certified forensic computer examiner since 1997. He
served as the sole certified Computer Investigative Specialist for the U.S. Customs
Service, Office of Investigations, District of Arizona, from 1997 to 2002. He became
a private consultant in 2004.
As a private consultant, Mr. Penrod has conducted approximately 450 forensic
computer investigations and electronic data discovery procedures in civil, criminal
and administrative cases as well as corporate internal matters. He has collected,
processed and examined forensic bit-stream images from thousands of electronic
data storage devices, including stand-alone and network-linked computers, network
servers, peripheral devices, external USB hard drives and flash memory devices,
optical media (CD/DVDs), digital cameras and mobile phones. Mr. Penrod has
preserved, recovered and analyzed electronically stored information on these devices
using Guidance Software’s EnCase Forensic and AccessData’s Forensic Toolkit
software applications.
Since 2004 Mr. Penrod has testified under oath on 41 occasions in state, federal and
military courts as an expert witness in electronic discovery and computer forensics.
In support of his expert testimony, Mr. Penrod prepared reports of forensic
examination describing his methodology, findings and opinions. He introduced
computer evidence at trial supporting his published conclusions.
Mr. Penrod has authored several articles addressing computer forensics for Colorado
Law Week and has provided Continuing Legal Education (CLE) to both criminal
and civil attorneys as well as paralegals in online broadcasts as well as in person in
San Diego, Denver, Boulder, Dallas, Jackson Hole and Raleigh-Durham.
Mr. Penrod is a former Senior Special Agent of the US Customs Service (USCS),
with 14 years investigative experience. Mr. Penrod conducted forensic exams from
1997 to 2002 for the USCS in Arizona and New Mexico. He also examined
computers on behalf of the IRS, DEA, ATF, the BLM, US Army CID, US Air Force
OSI, the Tucson Police Department, the Arizona Highway Patrol, and the Santa
Cruz, Pima and Yuma County Sheriff’s Departments. In addition to examinations,
Mr. Penrod also provided technical training in computer forensics to homicide
detectives of the Pima and Yuma County Sheriff's Departments and the Tucson
Police Department.
Expert Testimony
Date
Procedure
Case
Docket
Jurisdiction
Location
6/3/11
Hearing
CO v McKay
10CR1781
Dist Crt
Greeley
5/12/11
Hearing
Woojin v Trinkaus
11CV1130
Dist Crt
Castle Rock
10/25/10
Hearing
CO v Shervanick
Dist Crt
Boulder
8/20/10
Hearing
Bennett v CO
Dist Crt
Colorado Spgs
8/16/10
Trial
CO v Eddy
08CR1733
Dist Crt
Grand Junction
6/22/10
Hearing
CO v Stott
09CR1849
Dist Crt
Colorado Spgs
3/11/10
Trial
CO v Eichsteadt
09CR1456
Dist Crt
Colorado Spgs
2/12/10
Trial
CO v Eddy
08CR1733
Dist Crt
Grand Junction
1/19/10
Trial
US v Haymond
08CR201
US Dist Crt
Tulsa
1/13/10
Hearing
US v Haymond
08CR201
US Dist Crt
Tulsa
1/20/10
Trial
US v Haymond
08CR201
US Dist Crt
Tulsa
9/3/09
Trial
CO v Walker
07CR702
Mesa Comb
Grand Junction
9/3/09
Trial
CO v Harris
08JD773
19th Dist Crt
Greeley
8/21/09
Hearing
McKenzie v Gravert
04DR378
El Paso Comb
Colorado Spgs
5/27/09
Hearing
CO v Mattson
08CR1676
20th Dist Crt
Golden
4/29/09
Trial
CO v Harris
08JD773
19th Dist Crt
Greeley
3/4/09
Trial
US v Lynn
08CR00172
US Dist Crt
Fresno
11/3/08
Trial
US v Dobbs
07CR149
US Dist Crt
Tulsa
10/31/08
Trial
US v Dobbs
07CR149
US Dist Crt
Tulsa
10/23/08
Trial
US v Rose
CR08127D
US Dist Crt
Ok City
9/25/08
Trial
US v Hoa Sun
07CR0262B
US Dist Crt
Cheyenne
4/24/08
Hearing
MP v Abraham
US Dist Crt
Madison, WI
3/12/08
Deposition
Bertoi v. Provident
07CV00967
US Dist Crt
Denver
2/20/08
Trial
US v Vaughn
CRF050482
US Dist Crt
Fresno
1/3/08
Hearing
US v Vaughn
CRF050482
US Dist Crt
Fresno
12/19/07
Hearing
US v Barnes
4:06CR0079
US Dist Crt
Des Moines
12/11/07
Hearing
US v Dobbs
07CR149
US Dist Crt
Tulsa
8/17/07
Deposition
IBP v Beveridge
BC 344129
Superior Crt
Los Angeles
4/24/07
Trial
Harris v Luminate
06CV5235
2nd Dist Crt
Denver
3/13/07
Crt Martial
US v Eslinger
N/A
2/21/07
Trial
US v Schene
CR06282
US Dist Crt
Ok City
2/14/07
Deposition
Harris v Luminate
06CV5235
2nd Dist Crt
Denver
1/11/07
Trial
CO v Webb
11/16/06
Hearing
CO v Lippit
8/2/06
Hearing
Lilienkamp
10th
SF Group
18th
06CR359
Fort Carson
Dist Crt
Centennial
11th Dist Crt
Canon City
Boulder Dist Crt
Boulder
6/9/06
Trial
CO v Hunsaker
03CR1173
5/2/06
Hearing
CO v Archer
05CR19
17th Dist Crt
Brighton
4/12/06
Hearing
CO v Elliot
04CR217
5th Dist Crt
Breckenridge
04CR217
5th
Breckenridge
4/6/06
Hearing
CO v Elliot
2
8th
Dist Crt
Dist Crt
Fort Collins
10/11/05
Forensic
Certifications
Trial
CO v Cook
04CR3080
18th Dist Crt
Centennial
6/22/05
Trial
CO v Lemos
04CR1145
20th
Dist Crt
Boulder
10/27/04
Deposition
Baca v CO
03D0503
US Dist Crt
Denver
8/25/04
Hearing
CO v Ward
03CR226
7th Dist Crt
Montrose
AccessData Certified Examiner (ACE), AccessData Corporation for Forensic
Toolkit (FTK), FTK Imager, Registry Viewer and Password Recovery Toolkit
(PRTK): June 2009 to Present.
Certified Computer Examiner (CCE), #556, International Society of Forensic
Computer Examiners (ISFCE): August 2006 to August 2008.
Network+, the Computing Technology Industry Association (CompTIA): December
2004 to Present.
Computer Investigative Specialist (CIS), US Customs Service, Office of
Investigations: August 1997 to February 2002
Professional
Organizations
International Society of Forensic Computer Examiners (ISFCE), P.O. Box
1403, Key Largo FL 33037, (305) 453-7862, www.isfce.com.
Colorado Criminal Defense Bar (CCDB), 789 Sherman Street, Suite 660, Denver
CO 80203, (303)758-2454, www.ccdb.org.
National Association of Criminal Defense Lawyers (NACDL), 1150 18th St.
NW, Ste. 950, Washington DC 20036, (202) 872-8600.
Computer
Forensic Training
Windows Forensics (January 2006), AccessData Corp. in Madison, Wisconsin.
Forensic Bootcamp (April 2005), AccessData Corp. in Denver, Colorado.
Network+ (December 2003), TechSkills Computer Training Center in Englewood,
Colorado (CompTIA Certified).
EnCase Forensics (May 1998), Guidance Software Corp. at the US Customs Cyber
Smuggling Center in Fairfax, Virginaia.
Seized Computer Evidence Recovery School (August 1997), Federal Law Enforcement
Training Center in Brunswick, GA.
Implementing & Supporting Windows (July 1997), MIDAK in Tucson, Arizona.
Child Porno. & the Internet (April 1997), SEARCH in Sacramento, California.
Other Education
and Training
Bachelor of Arts in English (December 1982), Truman State University, Kirksville,
Missouri.
Infantry Officer’s Basic Course (May 1983), US Army Infantry School, Ft. Benning, GA
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French Army Commando School (November 1983), Commando School #10, Quartier
Napoleon, West Berlin, Germany
US Army Mountain and Winter Warfare School (October 1984), Vicenza, Italy
Infantry Officer’s Advanced Course (July 1986), US Army Infantry School, Ft. Benning, GA
Criminal Investigator Training Program (January 1987), Federal Law Enforcement
Training Center (FLETC), Brunswick, GA
Customs Basic Enforcement School (July 1988), US Customs Academy, Marana, AZ
Physical Surveillance School (March 1989), US Customs Academy, Marana, AZ
Firearm Instructor’s Course (March 1996), FLETC, Brunswick, GA
Confrontational Safety Awareness Course (March 1997), US Customs National Firearms
Program Staff, Fort Benning, Georgia
Use of Force Instructor’s Course (February 2000), US Customs Firearms Training Branch,
Ft. Benning, GA
Asset Seizure and Forfeiture Course (April 2001), U.S. Department of Justice, Phoenix,
Arizona
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