10 11 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 BY MS. GARS (Continuing) Q Number two. Right here? B Right. Q Now, sir, then following that at twenty-one fifty-six and twenty-one fifty-seven going down to where you stopped your analysis at twenty-two sixteen at two forty-five -- A Uh-huh. @ -- where is the two forty-five tower? A Tower two forty-five is our Monroe tower. Q Uh-huh. And if you would point that out or I'll point it out for the jury. A Sure. Q Is it right here, sir? A It's labeled number three, I believe. Yes. Number three. Q Now, do these towers have a certain typical -- in the Alltel -- now, I'm talking about Alltel -- I can't generalize to other networks -- but a certain range of their effectiveness? A They do. Q And are you able to tell the jury from plotting these phone calls specifically the area in which these towers are hitting off during the time 297om 10 ql 12 13 14 1s 16 alg) 19 20 21 22 23 24 25 period which you've testified to? A. Yeah. I can be fairly accurate. What you're looking at as far as the tower range, you're looking at about six miles in radius from the tower. That's before you start seeing a deplete in your signal. After about eight and a half miles is when you'll completely lose service. Q If you're able, can you actually draw that on the map to show the jury? a 1 can do my best. It won't be to scale Q Okay. And I know you don't have a ruler. Okay. MS. GARST: Now, Judge, does the Court have a marker, like a highlighter or something that would be little more colorful? I'm sorry to ask. My pens have all died. THE COURT: No, I don't. MS. GARST: Okay. Here's a pink one. That would be fine. THE COURT: I have a black one that we use to redact, but that's all. 29810 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. GARST: (Continuing) Q + And specifically, if you would -- and show the jury how you reached this analysis from where the towers are reaching from, Mr. Moorman A Sure. Q -- beginning with your phone calls. A Sure. You start with the phone call at -- when he starts pulling off the High Peak tower at twenty twenty-two, which would mean he was in range of at least eight and a half miles from this tower. Bight and a half miles would bring it down to -- this is labeled six miles, which is not correct. That's way too far to be six miles. Eight and a half miles would probably bring it down to right around this area, and remember, a tower does send off in a diameter, in a circle, a full circle. He was -- this phone call was made somewhere in this general vicinity of this tower ° At eight twenty-two. A At eight twenty-two. And then all the way down until twenty forty-nine, which is -- ° And then at twenty forty-nine. A Uh-huh. Q All of those phone calls, sir, then your testimony under oath, Mr. Moorman, based on your tower technology -- 29910 a 12 13 14 15 16 ay 18 19 20 21 22 23 24 25 A Uh-huh. Q . -- are made in that circular kind of pattern -- A Yes. Q ~- correct? A Yes. Q Now, six, then moving on to that phone call at twenty fifty-eight which is that two-nineteen tower. A Right. The-two nineteen tower is the Flemming Mountain tower. The Flemming Mountain tower is here. This tower also sends off about an eight and a half mile radius before you completely loose signal or are unable to attach yourself to that tower, which it would look similar to this here. So what we were looking at here as far as -- he was pulling from the High Peak tower. We moved on to the tower two-nineteen which is the Flemming tower. $o he would have to be in range of that Flemming tower to actually move into it. And with him pulling off of the two zero four, the High Peak tower, means he would have to be in range of this tower as well. Therefore, those phone calls had to be made somewhere where these two towers -- Q In that general vicinity. A Yes. 30010 qt 12 13 14 15 16 ay 18 19 20 21 22 23 24 25 ° And, sir, by saying that, that is the eight fifty-eight time, shortly before nine o'clock -- A Correct. Q -- correct, sir? A Yes. Q Now, six, going on then, if you would, to that twenty-one o nine phone call, which is nine o nine. A Yes. Q And that goes to the two o four tower again which is, I think, you believe -- I called it High Point, but it's High Peak. A High Peak, yes. Q Sorry. A High Peak tower. Q High Peak tower which you've labeled as tower one. Would you show the significance? Again it's that circular area that you testified previously at the top; is that correct? A Correct. MS. GARST: And again for the record it's a pink circle drawn at the top portion reaching down, Your Honor, below the Monacan Park by about a mile radius, mile to two mile radius. 30110 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 THE WITNESS: That's correct. BY MS, GARST: (Continuing) Q And, sir, then-for that entire period as you're at that twenty-one o nine through twenty-one thirty-one it's your testimony under oath that based on the tower technology of Alltel that that phone would have been hitting in that general vicinity, correct? A Yes. He would have had to have been within range of the High Point -- High Peak tower. Q Okay. Now, sir, then going at twenty-one forty-one it goes back to two thirty-two which we've discussed as the Amherst tower, correct? A That's correct. Q Show the jury during that time period -- Amherst is further up. And I don't ask you to mark that. A Correct. Q Okay. All right. You may be seated, Mr. Moorman. And during that time period then, sir, while you looked at this, the significant portion of the phone call going at twenty-one o nine which is at 30210 a 12 a) 14 15 16 v7 18 19 20 21 22 23 24 25 BY MR. SMITH: (Continuing) Q . Mark it with the pink and then put an A on it. Then go ahead and mark the approximate radius of that. A (Indicating.} Q Now, when you mark these, if I + understood your testimony, each of these towers has approximately an eight and a half mile circular radius. A Yes, sir. 2 Is that accurate? A Approximately. ° So we're not talking about eight and a half miles. We're talking about an eight and a half mile circle. A We're talking about an eight and a half mile radius. Q Radius circle. A Which would make it seventeen miles diameter. Q But what's the area of that circle? A The area of that circle? Pie times R squared. Q About thirty minutes? aA Approximately, yeah. Q So each of those towers has a 30510 11 12 ig) 14 15 16 a7 18 19 20 21 22 23 24 25 thirty-mile area of calls where they could be made. A | ‘That's correct. Q So then what you did is examine these phone calls. And all you can say is that -- I!m not sure what you're saying. Are you saying that you can triangulate the position of the caller? Based.on what? A Well, all I'm here to do is testify as to where these towers are located -- Q Right. A -- where the calls could have possibly been made. If you're pulling off the High Peak tower you need to be in range of the High Peak tower. If you're pulling off the Flemming Mountain - Q Now, when you make that point -~ and that's what I'm trying to get to. when you make that point -- A Uh-huh. @ =- you could point anywhere in an approximately thirty-mile circle. A Sure. Q So you must use some other variables to try to pinpoint the location of the caller. That's what I'm trying to find out, what that is. It must be more than just the radius and the area of the circle from the tower.10 ql 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 A Correct. What you see is, when you have a string of .phone calls made off of the High Peak tower and then a string of phone calls going back off the High Peak tower, what generally happens with cell phones is a tower can become backed up with phone calls and could push a caller to another tower. And that seems to be what happened when you had a string of phone calls from High Peak, a string of phone calls again from High Peak and then a phone -- one phone call in the middle from Flemming Mountain, which would mean the High Peak tower at that time must have been overloaded and could have possibly been pushed onto another tower such as the Flemming Mountain tower. Q So you can transfer a call from one tower to the other -- the tower can transfer a call -- A sure. Q from one tower to the other. A As long as they're in range of both. Q In range of both? a Sure. Q Okay. Now, why would you make the assumption that that's what happened when the other thing that could have happened is he could have been in range of the Flemming tower at that time? 30710 ql 12 13 14 15 16 7 18 19 20 21 22 23 24 25 A No. That's what we're saying. He was -- when he made that phone.call he had to have been in range of the Flemming Mountain tower. Q Now, where does that overlap at? Is that that big blob where those first two -- A Well, you have the Flemming Mountain tower. You also have the High Peak tower. Q Okay. A And this approximately shows an overlap of where those two towers may overlap. Q And do you have any idea what the area of that overlap is? A I do not. Q Okay. A Not with any accuracy. Q All right. So those are estimations. A These are estimations, sure. Q And they're not to scale. A Nope. Q Okay. THE COURT: You can have a seat. 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