10 4 12 13, 14 15 16 17 18 19 20 2 22 23 24 25 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 1 12 13 14 15 16 17 18 19 20 2 22 23 24 25 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 thatexo 10 "1 12 13 14 15 16 17 18 19 20 2 er] 23 24 25 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 that10 1 12 13 14 15 16 ute 18 19 20 2 22 23 24 25 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 call10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 manyNoa 10 "4 12 13 14 15 16 in 18 19 20 2 22 23 24 25 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? 1010 el 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 at10 4 12 13 14 15 16 17 18 19 20 2 22 23 24 25 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. 1210 "4 12 13, 14 15 16 17 18 19 20 2 22 23 24 25 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 134 12 13 14 15 16 17 18 19 20 2 22 23 24 25 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 1410 1 12 13 14 15 16 7 18 19 20 21 22 23 24 25 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. 1510 1 12 13 14 15 16 17 18 19 20 24 22 23 24 25 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 16on a 10 "1 12 13 14 15 16 17 18 19 20 24 22 23 24 25 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? 1710 4 12 13, 14 15 16 17 18 19 20 24 22 23 24 25 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? 1810 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 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 19eon 10 " 12 13 14 15 16 17 18 19 20 24 22 23 24 25 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 2010 7 i 13 14 15 16 17 18 19 20 21 22 23 24 25 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. a.10 "4 12 13 14 15 16 7 18 19 20 24 22 23 24 25 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 2210 11 12 13 14 15 16 urd a 19 20 2 22 23 24 25 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? 2310 1 12 13 14 15 16 17 18 19 20 24 22 23 24 25 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 2410 1 12 13, 14 15 16 17 18 19 20 a 22 23 24 25 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 2510 1 12 13 14 16 16 17 18 49 20 21 22 23 24 25 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.) 26