Dave F.
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- Apr 26, 2008
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That is actually a false statement. The figure shows nothing about rates of travel , and if the police calculated rates of travel they did not disclose it. The very definition of rate of travel is velocity or speed, and there is nothing in the search warrants about it.
The figure and text shown is repeated in many search warrants, one is the top of page 15 in SW18-112.
The longer teal arc band represents all points 1.26 miles from the Florissant tower in that sector for PF's phone RTT hit at 4:49:45. The teal arc band only crosses Hwy24 at one point (near the bottom)
The shorter red arc band represents all points .44 miles from the Florissant tower in that sector for KB's phone RTT hit at 4:50:33. The red arc only crosses Hwy24 at one point (near the top).
The driving distance on Hwy24 between those two points is 1.2 miles per Google and Mapquest. This section of Hwy24 is two lanes, no passing, no shoulders, blasted out rock face or guard rail, with yellow warning signs about curves. The reasonable speed or rate of travel is 45 mph. There is Google Street View available. Sunset on 11/22 was at 4:41PM so it was also after dark in the forested mountains.
PF only has 48 seconds between pings, his phone at 4:49:45 and KB's phone at 4:50:33. To convert 48 seconds to minutes, 48secs/60secs per min = .8mins
How fast would PF need to go to support the stated LE contention that the phones were moving together going west on Hwy24 toward PF's residence?
Formula:
actual miles/actual minutes x 60mph = actual mph
1.2/.8 x 60 = 90mph
90mph would be the rate of travel... if the phones were moving together... which must be why they never actually mention it.
MOO
It is also important to note that PF's phone had connected thru the Woodland Park Tower at 4:37 pm, then connected through the Divide tower at 4:43 pm, before connecting with the Florissant tower at 4:49 pm......which firmly indicated travel westward. This was followed immediately by an extensive "attempt to connect" commencing at 4:50 through the Florissant tower lasting 4 minutes and 21 seconds. The timing, duration and location strongly suggest that PF was at his front gate, attempting to complete a call before getting out of his truck and opening the gate. During this clear chain of events, KB's phone was not previously connected to the Woodland Park tower, did not get handed off to the Divide tower, and only pinged the Florissant tower, indicating that the phone was either turned on or swiped to "wake up" one minute before that 4:50 ping. If the phones were traveling together, this could only be accomplished by one person doing some extremely tricky phone juggling at 90 mph on a dark and twisting mountain road with a child beside him. It is much more probable that PF's phone and KB's phone were in different vehicles within the northeast facing quadrant of the Florissant tower reception area. During the phone call attempt commencing at 4:50 pm, PF's phone was most likely still connected through the northeast facing sector of the Florissant tower, but KB's phone, which was not attempting a call, would have been expected to ping the Florissant tower again during that time, to transfer to the northwest facing sector of the tower. There was no ping. There is no evidence to contradict a notion that that KB's phone was traveling in the opposite direction, heading back toward Divide and Woodland Park at 4:50 pm, while the data does prove that PF's phone was traveling westward at that time.
The data is clearly stated in SW 18-11, Affidavit A, on pages 8 and 10 of 26.
Colorado Judicial Branch - Teller - Cases of Interest - The People of the State of Colorado v. Patrick Frazee