GUILTY Ca - Becky Friedli, 18, Vicki, 53, & Jon Hayward, 55, Slain, Palm Desert, 17 Sep 2006

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
15m
Back in #Riverside courtroom for continuing team coverage of #PinyonPines triple murder trial. Stay tuned for live updates @KESQ

Court is in session. Alternate Juror #1 is just in courtroom. Judge says juror had to wait about 45 minutes because juror has pacemaker and can't go through metal detector. Is suggesting different safety measure to help juror for future.

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
Rest of jury is in courtroom. Trial is proceeding with cross examination from Smith's attorney, John Patrick Dolan. Going over whether any DNA was found on wheelbarrow handles. DNA was found, not from Pape and Smith.

Dolan now going over pen found. No DNA from Pape and Smith was found on the pen.

Now showing business card. Card appears to be stained with coloring and crumpled. Mixture of DNA found, Smith was possible contributor to DNA.

Affirms both wheelbarrow handles, pen and business card were tested. No socks, shoes or denim pants were tested

Examined and swabbed business card. Dried it. Once dried, excised (cut swab out with razor blade) the swab.

Need to know how much DNA. 1.81 nanograms gathered off swab. After extracting, gather DNA found and amplify it.

After testing, kept tube and swab for business card. Expected to be packaged up to 10 years

For amplication, the device used is called a thermocycler. Used 10 microliters for analysis.

With HIT, there is no policy to preserve future testing.

Witness worked at HIT for a little more than 3 years (2006-2009)

Analysis was done in 2007, roughly a year after starting work at HIT


I got a complete whole new "look" on Zak's tweeter site, and it doesn't tell me "when" a new tweet has arrived. Is there a way to change that, instead of me refreshing?

Anyone know? TIA!

I'll have to leave for about an hour at 9pm (my time) - 11am Calif. time, but I will be back and post what's been tweeted.

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
4m
Currently works at Orange County Crime Lab doing DNA analysis. Is directly related to Orange County and Orange County Sheriff's Office

Dolan talking with witness about DNA in general. Transferred through touching hands. Brings up scenario of shaking hands, picking up business card, and DNA from other person that never touched it being on the card. Witness affirms it could be possibility.

Testing on business card doesn't tell if Smith directly touched the card, or if his DNA was transferred from another person to the card.

DNA degrades on any kind of item as it's exposed to factors such as natural elements, bacteria.

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
1m
With transfer DNA, the amount of DNA is going to vary. If touched briefly and passed along to someone, not a lot of DNA is expected to be transferred. However, individuals have different tendencies (touching face, nose, nails)

As far as what's possible as far as transferring DNA, "the sky's the limit."

After leaving HIT, witness went to work at Abbott Molecular

After looking at notes, after concentration, sample 1 had roughly 75 microliters. After testing, according to notes, should have some extract. Dolan done with cross examination. Pape's attorney, Jeff Moore, begins cross examination

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
46s
According to picture, testing was done in August 2007

Card was treated for fingerprinting purposes. Two fingerprints were located and circled in black when witness received card.

Swabbed card with one cotton swab. When swabbing, trying to test for DNA and no other substance.

In report, male DNA was found on card. Mixture of DNA. Couldn't find out if female contributed to card.



Ok - sorry, but I have to leave now - my laptop has been giving me problems all day, and I have Skype tonight with my sisters, so I need to see if it is working.

I'll be back.....

 

[Niner]

I'm back! nline:

Zak Dahlheimer KESQ
@ZakDahlheimer
·
1h
Testing can focus on male DNA only. Allows to isolate male and female. No specific testing on isolating male and female DNA was done on the card

Looking at testing report for business card, pen and wheelbarrow handle. Witness is going over report on what certain items mean when it comes to DNA testing.

HIT was accredited lab, unknown for how long. Accreditation means lab is looked at (space, protocol, equipment) and make sure it has qualifications for the organization

Report shows all data from same examination

Moore finished with cross examination. Dolan has one more question on ratio on business card. Database used was for male and female caucasians. Don't know how many were male and female

Witness is excused. Court is in morning recess. Will resume at 11:15 a.m.

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
49m
The witness who was on the stand earlier this morning was Chantal Callahan. Now at Orange County Crime Lab, Callahan worked at HIT in 2007, a DNA testing lab.

Court is back in session for #PinyonPines trial

Next witness, Blaine Kern, takes the stand

Kern is the founder and owner of Human Identification Technologies (HIT), forensic consulting firm in southern California. Originally founded in 2004. From 2004 to 2010, first international accredited lab in California. Company dissolved in 2010. Re-established company

From 2010 to 2018, continued forensic testing. In January 2018, shed lab portion of business. Focused now on international consulting

Kern: HIT never lost accreditation

Kern: HIT never declared bankruptcy. There were no debts, it just dissolved based on decision of board of directors

Kern: Going over different types of DNA training he's underwent. Been in business about 24 years. Had training from different organizations, including San Bernardino County Sheriff's Department and FBI

Kern: Has tested well more than 1,000 samples

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
35m
Kern: reviewed materials related to Pape and Smith in 2014. Got call from DA's office. Reviewed Callahan's testing material for upcoming hearing at that time. When reviewing data, there was a clear major and minor contributor. One person had more DNA than the other

Kern: Did not do any testing on 2007 testing. Just reviewed it.

Kern: Going over reports of DNA fragments, and peaks found on chart

Kern: Reviewed entire file created by Callahan.

Kern: In 2014, developed a major profile (profile that has the majority of the DNAs from that individual). Conclusion was at least 2 contributors were present. Cristin Smith included as contributor to major profile, Pape excluded.

Kern: Both Pape and Smith were excluded as minor contributors. 1 in 28 trillion Caucasian males would be expected to have that profile

Kern: If you have 28 trillion Caucasian males, only 1 male is expected to have that profile, excluding identical twins. About 7 billion people are on the earth

Dolan begins cross examination of Kern

Kern: Didn't review any financial transactions before today. Billed Riverside County for testing.

Dolan is finished with cross examination. Court is in lunch recess. Will resume at 1:30 p.m.


and that's it for me tonight! Will continue the tweets in the morning (my morning!) I'm 10 hours ahead of California time....

 

[Niner]

Late start this morning - I slept in....

Zak Dahlheimer KESQ
@ZakDahlheimer
·
12h
Court is back in session this afternoon for the #PinyonPines triple murder trial

Cross examination of Kern continues with Jeff Moore, Pape's attorney, asking questions about Kern reviewing the 2007 test for the 2014 hearing

Kern: Testified in 2014, mentioned there could be a major contributor to the example of the business card

Kern: Confirms he was manager of the lab. Didn't see report until 2014. Lab could have done the calculation performed in 2014 in 2007. No record if anyone was asked to do calculation

Moore concludes cross examination. Prosecutors asking questions.

Kern: Swab taken from card, processed. Final product is put into test tube and preserved. Business card could be re-swabbed. Held onto it, but eventually returned to Sheriff's Department

Kern: Confirmed test tubes still exist, and could be tested again. Kern is excused from witness stand

Judge Bernard Schwartz is telling jury stipulations. Stipulation 6 (regarding collection of DNA and samples), on 10/2/07, Detective Gary LeClair collected DNA sample swab from Robert Pape. On 10/2/07, Detective Gary LeClair collected DNA sample swab from Cristin Smith.

On 10/2/07, fingerprint example collected from Smith. On 10/2/07, fingerprint example was collected from Pape.

Stipulation #7. Exhibit is cell phone data records requested from Verizon Wireless 9/15/06-9/21/06 belonging to Robert Pape. 9/10/06-9/20/06 belonging to Cristin Smith. Call sector data was not obtained from Verizon Wireless. Those specific records are no longer available

Similar records requested for cell phones of Javier Garcia and Becky Friedli, and the landline for the Friedli-Hayward home

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
12h
Kevin Boles takes the witness stand. He's a special agent with the FBI. Has been with FBI since 2005. Currently investigating matters of public corruption, cellular analysis survey team (CAST)

CAST uses information for cases including missing children, and using information to plot out the cell tower used by cell phones

Boles: CAST team currently comprised of 63 people throughout U.S. Series of trainings last 9 to 10 weeks through FBI, cell phone companies and third party companies about cell phones and how they work

Boles: CAST team works thousands of cases across the country. In a fugitive case, same techniques are used from historical cases in real time cases

Boles: When cell phone is powered on in idle mode, scanning environment. If it can pick up a signal from 5 different cell towers, it will put towers in an order in regards to signal strength. When making call, phone will select first tower on the list

Boles: Large factor is signal strength in regards to proximity. Typical connects with one closet to the phone. There could be obstruction from nearby tower block signal, and connect with a tower farther away

Boles: When phone is in idle mode, nothing is being recorded by phone companies. When a call is placed, information including cell towers used to make that call, is recorded

Boles: In 2006, a number code is given for cell tower. A list would then say where that tower is located

Boles: Looking at cell phone tower list. Defines "switch" controlling a group of cell towers. "Cell number" is the physical cell phone tower. Other columns have physical address, city, state and zip code. Physical addresses towers are located at

Boles: If an individual is receiving phone calls, and they're routed to voicemail, because phone company is receiving the call, they're sending out a page looking for a tower for that phone. If not found, it would go to voicemail.

Boles: If phone was turned off, or in area of no coverage, or in airplane mode, it would appear as same on records

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
12h
Boles: Gladiator autonomous receiver (GAR), used to test cell towers in their area. Dominant and possible cell tower area. GAR devices have been used for 3 years. Prior to GAR, they used different type of tool. GAR devices are used all over U.S.

Boles: In 2006, was running a fugitive task force. Had reputation in law enforcement community that worked with cell phones in cases. Was provided with investigative reports from Sheriff's Department and phone records from 4-5 phones, cell and landline numbers

Records were actually provided to Boles in October 2011 to analyze

Records included Smith's cell, Pape's cell, Becky Friedli's cell, Friedli-Hayward home landline

Both Pape and Smith were under Verizon Wireless records

Boles: Verizon network uses same tower. All Verizon customers use same network of towers in a specific area

Boles: For instance, customers with Sprint would not use the same tower as Verizon customers

Boles: Landline records are not as accurate as cell phone records. Provided specific Verizon cell tower records from September 2006. Maintained by FBI, could see how cell towers existed in communities in the past.

Boles: Sector data identifies what side of the tower the phone was at when connecting the call. Had to specifically ask for it in 2006. Can still identify cell towers and provide approximate location of where phone was at during that time

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
12h
Boles: After getting records, looked at time period when incident occurred and surrounding days. Looked at who called who. Met with another CAST agent to go over information

Boles: Geographically plotted which towers were used by Pape and Smith on 9/17/06. Familiarized himself with Coachella Valley terrain. Described valley floor as relatively flat, some rolling topography. Butts up against mountain range, goes up into Idyllwild area

Boles: After familiarizing with terrain, notified Sheriff's Department of findings

Going over records. In 2006, on originating calls, the only accurate tower is originating tower. For terminating calls, received by individual, only accurate tower is terminating tower

Boles: For mobile to mobile calls, originating tower is used

Boles: When examining Pape's interview in which he said he talked with Becky Friedli on 9/16/06, the first time in about a month, according to phone records, that wasn't true

my bold!

Boles: On 9/14/06, Pape contacted Friedli around 1:30 a.m. Went straight to voicemail. First observed within the records

Boles: At 1:33 a.m. on 9/14/06, Friedli called Pape. Called last about 10 minutes. After two calls, there was a series of text messages back and forth.

Boles: On 9/14/06, two phone cals between Becky Friedli and Pape around 1:30 a.m. From 1:53 a.m. to 2:27 a.m., text messages were sent between each other. Next communication is at 11:39 a.m. from Pape to Becky's cell, lasted roughly 3 minutes

Boles: Two texts were sent after 11:30 p.m. 9/14/06

Boles: On 9/15/06, at 11:04 a.m. and 12:24 p.m., two calls from Becky's cell phone to Pape. 11:04 a.m. was about 1 and a half minutes. 12:24 p.m. call is zero seconds, doesn't know if call was terminated.

Boles: On 9/16/06, 3 phone calls were made between Becky Friedli and Pape. First made at 12:09 a.m., lasts just less than 5 minutes. Other two were made at 5:47 p.m. and 5:49 p.m., one went to voicemail, the other lasted 28 seconds

Boles: From 6:02 p.m. to 6:06 p.m., 4 text messages were sent between each other. 5 phone calls made between 6:27 p.m. and 7:09 p.m. (First 3 were from Pape, all went to voicemail) the final two were from Becky cell to Pape. One lasts about 3 and a half minutes...

...the other just more than a minute. From 8:01 p.m. to 8:12 p.m., 7 text messages were sent back and forth between Becky Friedli and Pape

Boles: On 9/17/06 at 6:14 p.m., Becky's home phone calls Pape, about 2 and a half minutes. From 6:53 p.m. to 7:27 p.m., Becky's home phone calls Pape 4 times. All 4 calls go to voicemail.

Boles: After 7:27 p.m. on 9/17/06, there were no records of calls or text messages of Pape trying to reach out to Becky Friedli.

Boles: Total phone communication from 9/14-9/17, 18 phone calls were made. 10 connected calls for total of approximately 29 minutes and 5 seconds. 7 voicemails for a total of approximately 4 minutes and 19 seconds. 1 attempted call. 18 text messages exchanged

Court is in afternoon recess. Will resume at 3:15 p.m. Stay tuned to @KESQ at 5 p.m. and @LocalTwo at 5:30 p.m. for the latest from today in court


and that's it for the tweets. Sounds like he never returns for the afternoon session.... :thinking:

See you all later today!

 

[Niner]

Thursday, May 3rd:
*Trial continues (Day 10) (@ 9:30am) - CA - Rebecca 'Becky' Annaleigh Friedli (18), Vicki Friedli (53) & Jon Hayward (55) (Mom's BF) (Sept. 17, 2006) - *Cristin Conrad Smith (29/17 @ time of crime) faces LWOP (juvenile @ time of crime) accused & charged with 3 counts of murder w/special circumstances allegedly of committing multiple murders. Pled not guilty.
*Robert Lars Pape (29/18 @ time of crime) (ex-BF) charged with 3 counts of murder with special circumstances allegedly of committing multiple murders & faces LWOP. Pled not guilty.
**Both arrested in March, 2014, but case was dismissed in October, 2014
No court on Fridays.

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
18m
Back in #Riverside for Day 10 of the #PinyonPines triple murder trial. Stay tuned for live updates from inside the courtroom @KESQ @LocalTwo

Court is in session. Beginning with cross examination between Robert Pape's attorney, Jeff Moore, and FBI Special Agent Kevin Boles

Boles: The phone selects the best signals. Could be several factors involved, including terrain, buildings, trees

Boles: Tower 88 was closest, Tower 665 would be next one

Boles: Reception can vary from phone models

Boles: Text messages were coming from cell phone records from Becky Friedli. No records for incoming or outgoing text messages were provided for Robert Pape or Cristin Smith's phone (Verizon)

Moore and Boles going over Pape and Smith cell phone records from 9/17/06. Several calls made from Becky Friedli's home phone to Cristin Smith and Robert Pape between roughly 7:11 p.m. and 7:34 p.m

Moore and Boles going over Pape/Smith/Friedli phone records. Black outlines records obtained from DA's office, red is data coming from Friedli landline information

Information for 9/17/06, first call listed at 12:54 p.m from Becky's cell phone to Friedli home (26 seconds)

1:30 p.m. and 1:31 p.m. Friedli home to Becky cell. 2:23 p.m. from Becky cell phone to Friedli home. 3:48 p.m. and 5:12 p.m. calls between Becky Friedli cell and unidentified number. Between 5:12 p.m. and 5:56 p.m., three calls in between Becky and Javier Garcia

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
6m
Correction: Calls with Javier Garcia were with Friedli landline

Moore and Boles going over numerous calls made between the Friedli residence, Becky's cell, Smith's cell, Pape's cell and Garcia's cell

Boles: Landline logs don't line up correctly with cell phone records. Possible that more calls weren't logged from the landline. Landline records are less accurate than cell phone records

Boles: Verizon Landline and Verizon Wireless are different entities within the same parent company. Did not contact company to discuss discrepancies between cell and landline records

Moore finished with cross examination. Prosecutors continue questioning

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
11m
Prosecutors pointing out call at 6:14 p.m. between Becky's home phone and Robert Pape's cell (lasted 166 seconds). All calls appear to be routed to voicemail after that call. Aside from 1 second connection around roughly 7:09 p.m., there were no other connections

Dolan pointing out call movement pattern for Cristin Smith. Points out cell tower 745 on map, nothing seen in exhibits show that Smith's phone pinged off tower 745. Could've pinged off a different tower. Smith pinged off of tower 523

Dolan going over with Boles on 9/11/06 between 7 p.m. and roughly 10:30 p.m., 6 entries are present. All are voicemail entries. When signals go to voicemail, it could mean phone was powered off, battery was out, airplane mode, or out of service range

Boles' analysis was for phone records of Cristin Smith on 9/17/06 between roughly 7 p.m. and 10:30 p.m.

Looking at records for 9/12/06, no activity shown for Smith's phone. From 7 p.m. until 11:26 p.m., no outbound calls made. No inbound calls connected.

For 9/13/06, voicemail 7:54 p.m. No activity between then and 10:31 p.m. 10:31 p.m. is a check for voicemail. After which, 2 or 3 calls are made up until midnight

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
4m
For 9/14/06, 4 calls and 1 voicemail for same time period

Dolan and Boles going over calls between 9/15 and 9/17. Dolan arguing activity for inbound and outbound calls, cell phone traffic between 7 p.m. and 10:30 p.m. "quite minimal" for 9/11-9/16. Boles affirms.

Dolan done with questioning, Moore continues questioning. Pape's records start on 9/15.



Anyone know - if there is anyone here - how I can change the tweet site back to the pop up that says "New Tweet"? I had to clear my cache and the tweet site changed.... cguru: I have to keep just refreshing the page.

I see lightning!!! and here comes the thunder.... :scared: LOUD!!!

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
8s
Prosecutors continue questioning

Dolan continues questioning. On 9/11-9/13, no cell tower involvement with 12 voicemails on Smith's phone. Could mean phone is off, low on battery, or out of cell tower coverage

Moore continues questioning. Change or shift in cell towers could involve change in elevation and other factors

Boles: Towers 705 and 523 are roughly 5 and a half miles from each other

Different towers can have different output power, coverage range. Some are engineered specifically for that, depending on areas.

Boles: Didn't see any surveys or obstruction of towers in 2006

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
17m
Boles is excused from the stand.

RSO Lt. Jeff Buonpensiero is called to the stand. Buonpensiero has worked with RSO for a little more than 20 years. Was a part of homicide unit from September 2006-October 2007. Aided in search warrant of Robert Pape in Rancho Mirage in relation to Pinyon Pines murders

Buonpensiero: Looking for evidence related to murders. Found Pape's bedroom in the Rancho Mirage home. Garage was converted to bedroom

Court is in morning recess. Will resume at 11:05 a.m.


About 10 more minutes for break....

 

[Niner]

Zak Dahlheimer KESQ
@ZakDahlheimer
·
1m
Court is back in session. Buonpensiero to continue testimony

Buonpensiero conducted the search related to Pape in the Rancho Mirage home in October 2007

Buonpensiero: Looking at picture of Pape's bedroom on 10/2/07. In between box springs and mattress, a rifle was found

Buonpensiero: Sees picture of CIA arms rifle and Winchester pump shotgun. Picture of shotgun's barrel

Buonpensiero: Looking at picture of rifle, ammunition for rifle, ammunition for shotgun, a gas mask found in bedroom

Buonpensiero: More pictures. Different types of ammunition and shell casings (rifle ammunition and shell casings). Not sure if ammunition matches rifle found in bed

Buonpensiero: Picture of bag of ammunition (.40 caliber and rifle ammunition) .40 caliber was fired, expended. Picture of 10mm expended shell casing

Buonpensiero: Bag was found in bedroom. Identifies picture of holster for a Glock handgun