The testimony of Vickie Culpepper, who worked in the compliance department of the cellphone company, from the trial of Ian Brenner in the York County Court of Common Pleas. (2006).
Título original
Cell-site location information testimony in the Ian Brenner Trial (2006)
The testimony of Vickie Culpepper, who worked in the compliance department of the cellphone company, from the trial of Ian Brenner in the York County Court of Common Pleas. (2006).
The testimony of Vickie Culpepper, who worked in the compliance department of the cellphone company, from the trial of Ian Brenner in the York County Court of Common Pleas. (2006).
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VICKIE CULPEPPER,
called as a witness on behalf of the Commonwealth,
having been duly sworn according to law,
testified as follows:
DIRECT EXAMINATION
BY DISTRICT ATTORNEY BEHE:
@. Good morning.
A. Good morning.
Q. I'd ask you to, please, identify yourself for
the jury?
A. Certainly. Hy name is Vickie Culpepper. 1
work with Nextel Partners.
Q, Nextel Partners?
AL Yes.
Q. And where specifically do you work?
A. Lwork in a little compliance department for
we process subpoenas, court orders and various different
legal demands that are sent to our company for customer
records and other sorts of informs regarding your
customers and.
@. And can you tel1 us what Nextel is?
A, Nextel is a cell phone provider that operates
in the majority of the United States at different
function at but it is a cell phone service.10
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Q. Have you had to testify in court previously
concerning the operation of an ex. tell and it’s cell
phones /EUPTS /AE bilge procedures et cetera?
A. Yes, I have.
Q. Where have you had to testify?
A. Auto. I've testified in Texas Virginia Hawaii
I will I will I believe New York I've done it about 12
or 15 times now so it's kind got lost in all where I've
gone
Q. And can you tell us the areas that you've
testified concerning?
A. I primarily telephone with south side
information and informs /KHREBLGD only unit while it is
in use.
Q. When you say unit you mean a cell phone?
A, Unit means cel] phone, correct.
Q. Can you tel? folks, please, how a cell phone
works in relation what you said you testified about se11
Seitz?
A, Sure. What's marked as when you make a
telephone call on a cell phone and it doesn't make a
difference what carrier it is that telephone is going to
connect toa tower that tower has certain identifies one
is call a lack which is location area code Nextel ID
which will actually determine which portion of thatexo
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tower that cell phone call hit off of so we can track
traffic troubleshoot the network, provide information
for law enforcement and 911 people as well as so they
can get a location and basically also allow us for
troubleshooting to make sure that the network is working
at its full capacity so that our customers get the best
service.
Q. So, could you give us an example if I had a an
ex tell cell phone or any driving down the road how does
that work in relation to cel? towers?
A. As you're on a call what's going to happening
is when you first connect with that call it's going to
identify your location which is going to show the Tack
again the location area and sell /SEUFPLT which is
independent /KWRARG /T-R /SELS that that call picked up
on.
And as you're travelling along what
captures is you're as you're. originating a when I first
answered or sent that call and you're determining which
js where you hang up that call so that's the information
that's checked and requested most often as you move
about it will capture every independent location that
you are in so that when there's a record basically kept
so we can troubleshoot the network make sure that our
capacity is working well and again just make sure that10
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the service is up to par and that he's it's doing what
it's supposed to do.
Q. And so the cell site that the phone works off
of would be the closest to where the phone is?
A. Generally, yes, it will be the closest to
where the phone is or it will be the tower if you're on
what we would call a fringe which is where you're at a
borderline section depending on elevation depending on
how many trees are around you, how many buildings, how
many people are in that particular area as well as that
fringe area.
You can pull from a tower that's closest
one of the towers that will be closest to you with the
least amount of traffic so you -- you get the best
anount of service possible those happen each tower has
its own variation on how far it reach isn't be as low as
half mile up to as far as 10 miles depending on the area
that you're dealing with.
What happens is that will collect the
data and you will be able to pretty much say that you
were pulling from or that cell phone was selling from
that tower at that particular time and moment.
Q. So, using the cell site information and the
tol] records or the call records for that cell phone you
can track where that phone was when a particular call10
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was either made or came into that phone is that correct?
A, That is correct
Q. And do you provide that informs to agencies to
use?
A. Yes. We provide it to a multitude of
different types of agencies. For both like civil issues
and then also for law enforcement issues then we also
use it for our own personal use this information that
he's asking about is /KAULT C.P.I. which is customer
preparatory network information.
Q. A few mites sTower?
A. Oh I'm sorry if you could just C.P.1. customer
preparatory network information big hue don't that
people have it's basically al] that little information
that companies can gather regarding your cell phone that
‘is exactly take that you canning about that those
records condition be released outside the company would
you tell valid little demand which means search warrant
or Court Order regardless of who's asking for it the
company uses those records again to troubleshoot and
maintain the net works law enforcements and attorneys
use it for basically to prove or disprove something or
to send you know that unit wasn't where it was supposed
to have been or whatnot but the information that's
collected is turned over to different entities for manyNoa
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different reasons and it's normal and standard course of
business for us to do this.
Q Is it typical for a law enforcement agency to
contact you and say I'm looking at this particular
person where they an ex telephone who says they were
here can you tell me if the cell phones record show
where that phone was located based on the cell site
information?
A. Yes with a valid legal demand yes.
Q. And that could be to prove whether or not
whether the person says it's correct or whether it shows
that that cell phone is somewhere else?
A Yes, that's correct.
Q. Now, as part of your preparation for testimony
did you pull the or look at the account history for a
cell phone with a nunber of as
A. Off the top of my head, yes.
Q. And that well we've her testimony from a
Tawanna Chavis who said that that was her cell phone and
that she lives at 2406 Cape Horn Road Apartment 75, 75 A
in Red Lion in Pennsylvania?
A. Yes.
Q. And you pulled the records forthe use of that
cel] phone author a particular day at our request is
that correct?
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A. That is correct.
Q. And the date in question that we were looking
at was October 19th of 2005; is that correct?
A. That is correct
Q. And based on the call detail or the listing of
the calls that came into that phone number or calls that
were made by that phone were you able to determine where
that cell phone was during particular periods of time in
the early evening until almost midnight on October 19th?
A. Yes I was,
Q. Now, in preparation for your testimony I want
you to assume the following: That there was testimony
that the subscriber to this cell phone at that wan that
Chavis said that she was home at her location in Red
Lion, Pennsylvania Cape Horn Road from 5 p.m. on October
19, 2005 until sometime the following day. Do you
understand that?
A. Yes, I do
Q. And that only -- the only other people who
would have used her phone would have been her children I
believe ages 11 and /# who may have picked it up and
made a phone call now. and then but she /SKHRAQUS civil
Do you understand that?
A. Ido
Q. And that the evening of October 19, 2005 she
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and those children as well as this Defendant were at her
apartment on Cape Horn Road in Red Lion, Pennsylvania at
about 5 p.m. on. Do you understand that?
AL Yes.
Q. And there's been testimony that at 0:31 that
evening approximately there was a shooting that occurred
in York so that he has at 9:31 p.m.?
AL Yes.
Q. Now, could you Took at the records for the
calls received and the calls made by Ms. Chavis's cel]
phone for October 19th and begin since the shooting was
at 9:31 at about 8:39 that evening which should have I
couldn't roughly an hour before that examine tell us
what your records indicate about whether a call came in
or a call was made and what cell site that phone was
closest, too?
A, I have to get my notes which I left up there.
Do you want me to get them?
Oh would you please.
Q
A
Q. And I am?
A. And I'm sorry what was that time again.
Q. It would be 8:39 in the evening October 19th
2005?
A. That was a phone call that was inbound call
that have occurred for approximately .18 minutes.
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Q.° No. No. Let me stop you there. We've also
heard testimony that a telephone vo. aa belonged
to Tawanna Chavis's sister, Julia Chavis?
A. Okay. Yes
a. Go ahead.
ATTORNEY KEENHEEL; I'm sorry. What was
the date and time?
DISTRICT ATTORNEY BEHE: It's October
19th of 2005: at 8:29 p.m.
BY DISTRICT ATTORNEY BEHE:
Q. Was this a call that came into at that wan
Chavis sell fen from a number that's registered to her
sister about an hour before the shooting?
A The telephone received a phone call on 10:19
and my records indicate military time as 20:39 it was an
inbound call for .18 minutes which is approximately
about between 15 and 20 seconds from telephone No.
717-854-3639 that particular phone call was received on
a tower located near sparks Maryland and it also
terminated on that same tower.
Q, So; whoever was using this phone at about 8:39
that evening was in Maryland?
— Yes, that's correct, the unit was in Maryland.
Q. Well, let's go then to 8:53 was there a call
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that came in to at that wan that Chavis's cell phone?
A Yes, there was.
Q. And what was the number?
A. The number that was received os
at’ 20:53 an inbound cal] that lasted approximately 2.13
minutes which is about 2 minutes 15 seconds that
particular call was received on that unit near Parkton,
Maryland-which is just north of sparks and it originated
and terminated on that cell site
Q. What does it mean to originate and terminate’
on cell site?
A. The call originates -- originates where you
begin and terminates where you end the call so it
started on that cell site that was located in Parkton
and terminated at the same actually this particular one
terminated at 54 so I apologize I was mistaken which is
in that same vicinity in 5 /SOEURT in New Park,
Maryland.
a. At 7 minutes to 10 that cell phone is still in
Maryland?
A. Yes, that's correct.
Q. Moving north?
A. Moving northbound.
Q. Okay. Let's move to 9:08 p.m. Was there
another call that came in from the number that's been
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testified to belonging to Julia Chavis?
A. Yes
a EE 22077
A. Yes at 20.
ATTORNEY KEENHEEL: I just can't it. Do
you have a magnifying glass, I just can't read this?
DISTRICT ATTORNEY BEHE: I don't have
that.
ATTORNEY KEENHEEL: Can I get a different
copy?
DISTRICT ATTORNEY BEHE: That's the copy
that I have.
ATTORNEY KEENHEEL: The print is so tight
I just can't read it.
THE COURT: Go ahead
BY DISTRICT ATTORNEY BEHE:
a. a was there a call that came
into Tawanna Chavis's cell phone from her sister at
9:08?
A, There was a call at 21:08, which is 9:08 p.m.,
an inbound call that lasted for .17 minutes, which is
again between 15 and 20 seconds, from ne
coming from a tower in Pennsylvania and the tower is
located near Leader Heights.
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Q. Moving north again?
A. Again moving northbound.
Q. Let's direct your attention to 7 minutes later
915.sti11 16 minutes before the shooting was there a
call that came in to at that with a nah Chavis cell
phone?
A. There was call that came in this particular
actually this is a call that was out bound it was
attempted call oR eat lasted for zero
minutes and what that means is the call connected to the
tower but it never rang on the other person's phone so
it stil] captured a location in regards to that
particular call, but the customer was never billed
because it didn't last for anything and that particular
call pulled from a tower that is named Downtown York
which covers the downtown vicinity of York and it also
terminated at that sane location?
@. And, so, from those records whoever had at
that wan that Chavis ce11 phone tried to call her sister
but didn't get through or hung up?
A. Hung up before it answered, yes.
Q, And the cell site was downtown York?
A. Yes.
Q, All right. Now, let's direct your attention
to 928, three minutes now before the call came in about
16on
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the shooting at Allison's was there a call that came in
to Tawanna Chavis cell phone?
A. Yes there was.
Q. And what was that number?
A. QB « asted 28.73 minutes which is
about 28 minutes and about 47 seconds.
Q. So, and where was the cell site for when that
call came in to her so that to at that that cell phone?
A. That particular cell site is named East York
and that cel] site is located at 600 Memory Lane
Q. Are you familiar with that area?
AL Yes
Q. And what's located in the area where that cell
site is?
A. That particular cell site is located in the
area of a lot of commerce you've got malls and shopping
centers restaurants it's pretty much where a lot of the
major shopping areas are concerned for this information
from my understanding.
Q. So, from your records three minutes before the
shooting occurs at Allison's at that wan Chavis phone
gets an incoming call from a nunber in New York that
last 28 minutes?
A. Yes correct.
Q. When does that call terminate?
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A, Let's see. I do I have to do the math in my
head. It would be 2187.
Q. Approximately 9:57?
A. Yes.
Q. And when the call terminates where is the cell
phone in relation to a cell site?
A. It is stil7 pulling from the same location of
600 north Memory Lane.
Q. In the area of the shopping mal1s?
A. In the -+ yes.
Q. All right. Let's direct your attention to
9:57 now epproximately 28 minutes after the shooting
occurred was there a call using Tawanna Chavis cell
phone?
AL Yes.
Q. Was it an incoming or outgoing?
A. It was an incoming call at 21:57. p.m. that
lasted for .82 minutes which is I think it's about 50 --
I think right around 50 seconds tron RRR ha
particular call was also pulling from the tower that was
located on 600 North Memory Lane.
Q. $0, cell phone is still in that area?
A. Yes Correct.
Q. Direct your attention to about 19 minutes
later 10:13 p.m, was there activity with that phone?
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A. Yes there was there was one outgoing call that
was placed that lasted 4.36 -- excuse me -- 4 minutes 36
seconds from 2 a No. that telephone call
was placed and ended still locating on that same tower
of East York on 600 Memory Lane
Q. Now, at this point and we're going to go on
with the remainder of the numbers. Is there a cell site
in the vicinity of Tawanna Chavis's home at cove
Horn Road in Red Lion, Pennsylvania?
A. Yes.
a. If that cell phone was at that location and
being used by whoever was using it would it show on your
records that was using that sell Seitz?
7 Yes it would show that cell site that lack
that se11 ID and no other towers or information involved
it would stay stationary for the entire duration.
Qa. So, at least from it point in time you can
tell us from 8:29 p.m. until 10:13 whoever was using
that cell phone was‘not at that location in Red Lion?
A. No, they were not.
Qa. Let's direct your attention then to 1030 was
there activity on Tawanna Chavis's cell phone?
A Yes there was at 1030 there was an incoming
call that lasted for 2 minutes and well 2.15 minutes and
it was a telephone call that was coming from
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Dallastown, Pennsylvania which is located I believe on
Denton if I remember correctly.
Q. Denton Road or what's Denton?
A, I think it's Denton Road.
Q. Is that in the area of Red Lion?
A. Yes.
Q. Red Lion tower?
A, That is in the area of a Red Lion tower.
Q. Now if it's in the area of a Red Lion tower
why is it pulling off tendon road tower?
A. The Denton Road tower is actually a lot closer
than the Red Lion tower it also can have different
elevation changes you can make cell site go like
vertical not /SRERT cal] but /HORPBL but you can't make
cel] site radio waves goes vertical so that Dallastown
hour is located on Denton Road is actually closer to the
-+ it was closer to York in relationship to the tower
that's located in Red Lion
Q. "So, whoever was using the phone was closer to
that tower than the Red Lion cell site?
A. Yes, that's correct.
And that was the call at 10:30?
Exactly.
2 > eo
Now, let's go 7 minutes later 10:37 where was
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that cell phone at?
A. It was pulling again from the cell site
Jocated at 600 north Menory Lane it was an incoming call
that last 1.27 seconds about 2 minute 30 seconds from
telephone No ;
@, $0, in the intervening 7 minute period whoever
had that phone was now back in the Memory Lane area?
A. In that vicinity, correct.
Q. All right. Six minutes after that 10:43 was
there a call made by Tavanna Chavis's cell phone?
A, At 10:43.
Q. In the evening was there a call coming in or
going out?
A. At 10:43, No but at 10:44 there was a
outgoing call.
a. Excuse me. At 10:44 what do your records
show?
A. An outgoing call that lasted. 2 toa
telephone ruber That particular phone
call was received and sént on the tower Tocating north
of York, and I don't know the address of the tower off
hand.
Q, But it was not the tower close to the Cape
Horn Road address in Red Lion?
A, No.
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Qa. All right. Let's go to 10:45?
A. At 10:45 there was an incoming call that was
received for three minutes and about 4 seconds from sel]
WORM 2% particutar phone cat7 was received on
the tower that's located in downtown York which governs
the visiting downtown York and surrounding areas.
a. The downtown York cel] site, do you know where
that's located?
A Yes 48 North Market.
Qa. Is it East York. Do you know where it is?
A. It's on top I believe that's the one that's on
top of the Yorktowne Hotel.
Qa. Within this area here?
A. Yes.
Qa. Okay. And that's the tower that this phone
was going coming off or being used by?
A. Yes.
Q. What's the next call that was made then?
A The next call occurred at 1047 it was an
incoming call that was received wait a minute I believe
that's the one we just went over.
Q. Is there a call at 1047?
A. Yes I am sorry lost my place an incoming call
that was received for about .07 minutes from
WHI hat. was ats0 received and ended on the
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downtown York tower
@. How about 11:02?
A, At 11:02 there was an outgoing call that
lasted for .98 minutes which is just about one minute
cell for 717 -- to MMMM] and that particular cal]
was received at on the Mount Zion tower, and I don't
know the address of that off hand either.
Q, But its a Mount Zion tower?
A, Yes, and -- and --
Q. And then 2 minutes latter at 11:04 was there a
call?
A, /-FRP /KWR-FS there was inbound cal] that was
received and answered it last for .17 minutes and it was
a phone call from (MG and that particular call
was located off of and end and terminate -- excuse me -~
originated and terminated on tower located at Heritage
Hill.
Q. Okay. We've heard testimony that Tawanna
Chavis's home phone voc that the number
that called her cell phone?
A. Yes. That's correct.
Q, At 11:04 in the evening?
A, Yes. Correct.
Q. And the Heritage Hill sight is that getting
closer now to the Red Lion tower site?
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A, Yes, it is.
Q. So, ma'am, based on your records and your
tracking of the location of that phone can you tell us
or based on this is it fair to say that that cell phone
from 8:39 p.m. began somewhere in Maryland works its way
through York and by 11:04 made it back to the Red Lion
cell tower?
A. Yes.
@. So, whoever had that phone and was using it
was not inside that apartment when that cell phone was
being used?
A. No possible way.
DISTRICT ATTORNEY BEHE: That's all.
THE COURT: Cross-examine, please.
ATTORNEY KEENHEEL: Yes.
CROSS - EXAMINATION
BY ATTORNEY KEENHEEL:
Q. Ms. Culpepper, was it?
AL Yes.
Q. Now, that doesn't prove where Tawanna was,
does it?
A. No, sir. This is the location of the cel]
phone
Q. Correct. This was a call from her home number
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to the cell phone, correct?
A. There was a phone call from the home from what
I'm told is the home telephone number at 11:04 p.m
Q. Right. Now, is there in all your
documentation everything just red I am little strained
to read this but so we're clear this just said why phone
was at not where person was at?
A. That's correct.
ATTORNEY KEENHEEL: No further questions.
THE COURT: Anything else?
DISTRICT ATTORNEY BEHE: No. I apologize
for the delay. We didn't need the contempt
THE COURT: Okay. May this witness be
excused?
ATTORNEY KEENHEEL: Yes.
DISTRICT ATTORNEY BEHE: Thank you. Your
Honor, she may be excused. I have no other rebuttal
witness to call, Your Honor.
THE COURT: Attorney Keenheel?
ATTORNEY KEENHEEL: No.
THE COURT: Okay. At this time you are
excused. What we will do is take a short recess this
will allow us to put away the equipment and at this
point since counsel have both rested now that you are
case we will be moving. in the closing argument and this
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will also give counsel a short time to get set up for
their closing argument after those closing arguments are
done as indicated to you yesterday I will be giving you
the instruction on the rules of law that you will have
to apply to the facts as you will find them once again
you are remind not to discuss this among yourselves so
please rise and go back to the Jury Room.
(Jury leaves courtroom.)
THE COURT: Counsel, we will probably be
about 15 minutes.
DISTRICT ATTORNEY BEHE: Thank you.
(Recess taken.)
ATTORNEY KEENHEEL: Your Honor, this was
a oversight I believe on both our parts. We forgot to
put the stipulation on the record.
THE COURT: Okay. Before -- what I'11 do
is I'11 have them come in and there can be a stipulation
approximate that's acceptable.
ATTORNEY KEENHEEL: I'11 do it. I'11 do
it. I'M do it.
THE COURT: Attorney Behe, do you want
Keenheel to say at that time stipulation?
DISTRICT ATTORNEY BEHE; That's fine.
(A11 jurors are present and properly
seated.)
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