Trial Thread 4/19/2012

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Derstine now cross-examining saying towers can't be used to pinpoint location of person. Bakhtyar agrees #sl

Steven D'Souza ‏ @cbcsteve
Bakhtyar says its possible person was in same location but can't say for certain where person was bc lots of factors involved #sl

Steven D'Souza ‏ @cbcsteve
Crown asks Bakhtyar why two calls within minute of each other at approx. 19:46 pinged off two different towers.. #sl


Avery Moore ‏ @AveryFreeFMNews
#Rafferty's lawyer suggests the different towers hit during the same few minutes is an ex. of towers as unreliable sources of location.

Avery Moore ‏ @AveryFreeFMNews
Crown asks Bakhtyar if a data call could hit a tower in Fergus when the person is in Mt Forest. Says it's possible, no guarantee. #Rafferty

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Bakhtyar agrees with Derstine that using towers to pinpoint the location of a cell can be unreliable. Could hit next closest tower

 

[Sailor Bug]

RaffertyLFP: Derstine points out that the cellphone calls are logged from the point when the call is started and not good for tracing movements after

Bakhytar admits the Bell system has blips or issues that stop calls going through. It can't be working perfectly at every moment

 

[Salem]

Whether she had a license or not doesn't really matter. People drive without them all the time.

But she certainly didn't drive his car to HD. That's been proven.

I agree. Nor did she drive away from the HD - as she was in the passenger seat as the vehicle left the parking lot.

Salem

 

[Wondergirl]

Rafferty's April 8th movements tracked

By Randy Richmond, The London Free Press
Last Updated: April 19, 2012 1:38pm


David Broad produced a map of an area bounded by Woodstock, Guelph and Mount Forest showing when and where voice and data calls were placed.

The calls started in the Woodstock Drumbo area just after noon.

There voice and data calls made around 4 p.m. from the Cambridge and Guelph areas.

More calls were made from the Mount Forest/Arthur area just before 6 p.m.

There were more calls from Mount Forest/Arthur around 8 p.m.

followed by call from Cambridge closer to 9 p.m.

Finally, there were calls from Drumbo-Woodstock after 11 p.m.

The times and location of the calls were significant since they roughly correspond to earlier testimony from Terri-Lynne McClintic about the abduction and murder of Victoria Stafford on that day.

http://www.lfpress.com/news/london/raffertytrial/2012/04/19/19652791.html

 

[Ardy]

It's so obvious that the battery was pulled on the phone. At 4:18pm data usage starts and goes on for 44 minutes. That's because he put the battery back in and his phone was likely updating information, downloading emails etc that had come through during the time the battery was pulled.

At 4:19pm he makes a call. So he put the battery in at 4:18pm to make the 4:19pm call, which was at the Tim Horton's stop as per TLM. The 4:28pm call was made when they got to BA's house from the street because she wasn't there yet. So that tells me that the Tim Hortons was about 5-10 minutes away from BA's place.

The battery then stayed in the phone and the phone was on and using data until 7:03pm. It likely stayed on and powered up the entire time after that . We know the phone was on when there were 5 more calls made between 7:46pm and 8:49pm. Then the phone sat idle, no calls or data usage, until 11:21pm where there was more data usage.

So he didn't make or receive any calls from 12:06pm, no data usage either? I wonder if the phone was actually turned off during that time or it was just sitting idle. And what was he doing between 11:13am when he was on the phone at the Woodstock ATM and 3:05pm when the CASS video first captured his car driving northbound on Fyfe? We know he wasn't working. Didn't TLM testify that she had seen him at some point during that time and that's when he told her he was going out of town? Anyone remember what time that was?

MOO

If MR took out the battery so he couldn't be tracked, as per TLM's statement, why would he put it back in when he got to Guelph?

There is no logic to that, IMO

As for the phone calls..........they do correspond to TLM's testimony, but I don't think the defense is going to argue any of that testimony.

I think the divergence of the facts between the Crown and defense is:

Did MR know why VS was in the car?

Did MR sexually assault VS?

And did MR murder VS? We already know that TLM killed VS, so the Crown is alleging this charge indirectly.

If this be the case, the phone records don't help or hurt the defense theory........Yet.............IMO.

 

[Sailor Bug]

RaffertyLFP: Derstine asks if it is possible there were malfunctions in the cell network on April 8, 2009 Bahktyar said the system was "working fine

However, he suggests they found there were no problems on April 8th, 2009. No reported issues.

No more questions from Derstine.

RaffertyLFP: Bahktyar testimony finished,

 

[Hello_Kitty]

Avery Moore ‏ @AveryFreeFMNews #Rafferty's lawyer suggests the different towers hit during the same few minutes is an ex. of towers as unreliable sources of location.


ETA: He is grasping, IMO. It is generally known, IMO, that you can stand in the exact same spot, and a call be routed through 2 different towers. This is very common.

Hopefully the Crown will re-direct on this issue.

Right, cuz the phone will always pick up the strongest signal. I have had to deal with billing where for example in St-Catherines, user's bill would show they were making calls from the states but they were actually in canada, the phone will pick up the strongest tower in the area, so in their case the strongest signal was coming from a tower in the states which is very close. Same for niagara falls, windsor, sarnia, etc

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Derstine presses Bakhtyar to say if there were any problems with the towers in the area Apr. 8. He says reports said it was fine. #Rafferty

 

[Sailor Bug]

RaffertyLFP: The court is being shown an admission of evidence regarding info on the cellphones of Rafferty and McClintic Numbers PINs etc

Carnegie has an admission from both sides, based on numbers and networks of people in the case.

There are also admissions of ownership and pins, of Rafferty and another woman.

RaffertyLFP: The admission also includes the home addresses of Rafferty and McClinitic Also cell phone towers in operation

 

[Sailor Bug]

Also says McClintic lived with her mother until April 12th, 2009. When she was arrested.

On April 8th, no site performance issues came up from Bell in the applicable areas. That's also admitted.

RIM confirms no events in their network on April 8th, 2009 either.

RaffertyLFP: The admission also includes the home addresses of Rafferty and McClinitic Also cell phone towers in operation

RaffertyLFP: There is also a list of phone numbers being admitted as evidence, Most are Rafferty's friends and girlfriends

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Bakhtyar is excused. Crown reads admission (agreed upon facts): #Rafferty and McClintic's phone # and addresses. Rafferty's BBM pin.

 

[Sailor Bug]

There's also a chart putting relevant people's names next to their phone numbers.

RaffertyLFP: Next witness is Jessica Youngs

The next witness is Jessica Youngs.

 

[Hello_Kitty]

If MR took out the battery so he couldn't be tracked, as per TLM's statement, why would he put it back in when he got to Guelph?

There is no logic to that, IMO

It was a data transmission, so it is possible that either TLM or MR gave the phone to VS to play a game on the internet to appease her and stop her from asking questions. There is logic in everything I think you just need to look for it.

 

[~n/t~]

Linda Nguyen ‏ @LindaNguyenPN
Under cross, Bakhtyar admits records should be used w caution bc doesn't guarantee location of call, only where it originated

Linda Nguyen ‏ @LindaNguyenPN
He says this is poss. Records show 2 of #Rafferty's calls made within 1min of each other bounced off 2 cell towers in Mt. Forest and Fergus

Linda Nguyen ‏ @LindaNguyenPN
The Crown asks Bakhtyar if it is poss for 2 phone calls to be made from same location to bounce off diff cellphone towers in 2 diff cities?



(Linda is a little behind)

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Court now hearing admission (agreed upon facts) about phone and pin #s for the phone records we'll be seeing more of #sl

 

[Sailor Bug]

RaffertyLFP: Youngs is a RIM employee from Waterloo She is a public safety liaison specialist

RaffertyLFP: Youngs was formerly a data analyst called in on the Stafford case to retrieve data on Rafferty's Blackberry

We'll put the map on our website.(AM980.ca)

Youngs works with RIM in security.

Rafferty's blackberry data was requested from RIM by police.

 

[Sailor Bug]

Youngs asked about how BBM works.

RaffertyLFP: Youngs said RIM can trace communications between Blackberries not tracked by Bell

RaffertyLFP: The communications are through BlackBerry messenger (BBM)

BBM only happens between blackberry users. It is run by RIM, not Bell networks.

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Jessica Youngs from Research in Motion is on the stand. She is a Public Safety Liaison Specialist. #sl


Linda Nguyen ‏ @LindaNguyenPN
Crown has now called up witness Jessica Youngs, a RIM employee. She's a public safety liaison specialist

 

[Hello_Kitty]

Youngs asked about how BBM works.

RaffertyLFP: Youngs said RIM can trace communications between Blackberries not tracked by Bell

RaffertyLFP: The communications are through BlackBerry messenger (BBM)

BBM is Blackberry Messenger. A pin (id) is needed by all BBM users to be able to send and receive and send instant messageds.