The Oklahoma City Bombing Trial Transcripts
Terry Nichols
Wednesday, November 12, 1997 (morning)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Criminal Action No. 96-CR-68
UNITED STATES OF AMERICA,
Plaintiff,
vs.
TERRY LYNN NICHOLS,
Defendant.
REPORTER'S TRANSCRIPT
(Trial to Jury: Volume 71)
Proceedings before the HONORABLE RICHARD P. MATSCH,
Judge, United States District Court for the District of
Colorado, commencing at 8:45 a.m., on the 12th day of November,
1997, in Courtroom C-204, United States Courthouse, Denver,
Colorado.
Proceeding Recorded by Mechanical Stenography, Transcription
Produced via Computer by Paul Zuckerman, 1929 Stout Street,
P.O. Box 3563, Denver, Colorado, 80294, (303) 629-9285
APPEARANCES
PATRICK RYAN, United States Attorney for the Western
District of Oklahoma, for the Western District of Oklahoma, 210
West Park Avenue, Suite 400, Oklahoma City, Oklahoma, 73102,
appearing for the plaintiff.
LARRY MACKEY, BETH WILKINSON, GEOFFREY MEARNS, JAMIE
ORENSTEIN, and AITAN GOELMAN, Special Attorneys to the U.S.
Attorney General, 1961 Stout Street, Suite 1200, Denver,
Colorado, 80294, appearing for the plaintiff.
MICHAEL TIGAR, RONALD WOODS, ADAM THURSCHWELL, and
REID NEUREITER, Attorneys at Law, 1120 Lincoln Street, Suite
1308, Denver, Colorado, 80203, appearing for Defendant Nichols.
* * * * *
PROCEEDINGS
(In open court at 8:45 a.m.)
THE COURT: Be seated, please.
You wish to approach the bench, Mr. Tigar?
(At the bench:)
(Bench Conference 71B1 is not herein transcribed by court
order. It is transcribed as a separate sealed transcript.)
(In open court:)
THE COURT: Members of the jury, good morning. We
appreciate your cooperation and this being another one of those
days where, for some you at any rate, it took a little extra
effort to get to the assigned spot on time; and we appreciate
the effort that you made in that regard.
And so we're ready to resume our testimony, and you
will recall that at the time that we recessed on Monday, we
were hearing testimony from the witness, Mr. John Kane, about
the operations of a telephone debit calling card. And we'll
resume with Mr. Kane's testimony. Mr. Goelman was examining.
(John Kane was recalled to the stand.)
THE COURT: Mr. Kane, if you will resume the stand
under the oath you took with us on Monday, we'll continue with
you examination.
THE WITNESS: Okay.
THE COURT: Mr. Goelman.
MR. GOELMAN: Thank you, your Honor.
May I have Agent Tongate put up Government's Exhibit
506, the enlargement that we discussed on Monday?
THE COURT: Yes.
DIRECT EXAMINATION CONTINUED
BY MR. GOELMAN:
Q. Good morning, Mr. Kane.
A. Good morning.
John Kane - Direct
Q. Referring to the poster behind you, Government Exhibit 506,
when we broke on Monday, you had just explained the path that a
debit-card phone call would take through the WCT OPUS system.
Can you refer back to the poster and explain what is signified
by the number 3911 and the word "in" below it on the left-hand
side of the WCT switch box.
A. 3911 is a -- a number or numeric identifier for something
we call a trunk group in the industry. Essentially, a trunk
group is a group of telephone lines, each line being denoted as
a port. Those ports in a group would constitute a trunk group.
A port essentially in its simplest form would be the equivalent
of essentially your home telephone that you would have in your
house.
Q. Why the word "in" written below 3911?
A. 3911 is a group where the (800) 793-3377 number comes into
the WCT switching equipment, so therefore, it is an inbound
call. So we refer to that as the "in" trunk group.
Q. Okay. And then you were describing how the call went to
the OPUS group; is that right?
A. Correct. Once the call is processed beyond the -- the WCT
switch, it then enters the OPUS system as an inbound call to
the OPUS system.
Q. And that's where the balance check is performed that you
were talking about?
A. Balance check and further call processing.
John Kane - Direct
Q. Okay. Could you please explain what's represented by the
blue box that says "3910 out."
A. When the OPUS system has decided that the customer has
enough of a balance to make a particular phone call, the OPUS
system will originate a call back to the WCT switch. That call
was received in the WCT switch on the 3910 trunk group and is
routed out of the WCT switch to the terminating telephone so
that the conversation can take place. It's just another --
Essentially, an arbitrary number that was assigned to this
particular group of trunks.
Q. But here, it represents an outgoing phone call?
A. Outgoing phone call from the OPUS.
Q. Mr. Kane, I think we're all familiar with the monthly
telephone bill. Did WCT send its debit-card customers a
monthly bill?
A. No, they didn't.
Q. And why not?
A. Well, the debit-card user had prepaid for their telephone
calls and there was really no reason to send them a bill, and
so it was -- it was just not done.
Q. Did WCT nonetheless keep track of all the information
that's listed in the local or monthly phone bill?
A. Oh, yes.
Q. And does that include the "from" and "to" number of every
call?
John Kane - Direct
A. We kept track of all of the transactions "from" and "to,"
from all the systems.
Q. And does it also include the day, time, and duration of
each phone call?
A. Yes, it did.
Q. Turning back to the poster, can you describe how many
different records each phone call going through the system
would make.
A. A typical telephone call would make one record with the
local telephone company, one record in 3911, one record in
OPUS, one record in the 3910, and one record in the local
telephone company at the distant end, so a total of, in this
case, five.
Q. And leaving aside the local phone records, for the moment,
how many records were made of each phone call that WCT
maintained?
A. There would have been at least -- at least one, but
possibly as many as three, depending on how far the call
progressed.
Q. And would all the information contained in the local phone
bill be contained within those three records of a single phone
call?
A. In combination, yes.
Q. Okay. Can you tell us the names, just for the ease of
reference, of those three different types of records.
John Kane - Direct
A. We've named them in this case 3910, 3911, and OPUS.
Q. And are you familiar with the system by which each of these
records was kept?
A. Yes, I am.
Q. Okay. I want to talk about the way each of these records
were kept, very briefly. Instead of starting with 3911,
however, I want to start with the OPUS record.
A. Okay.
Q. Can you explain how and when the OPUS record is first
written.
A. The OPUS record: As in all telephone records, the record
begins when the system is accessed by the originating caller.
In this case, the originating caller would be coming from the
3911 record, but the OPUS system would begin compiling a record
as the call progressed. It would record the date and time of
the call, the port number where the call came into the system
on, and then it would record the information that pertained to
the user, the PIN number, 14-digit PIN number that we talked
about. And then it would record the telephone number that the
caller dialed, if the caller ever dialed a telephone number.
Q. What would happen to all this data in the OPUS file after
the call terminated?
A. Once the call was completed, the amount of dollars
associated with the call and the time the call terminated would
be recorded by the system, and the balance for that customer
John Kane - Direct
would be updated in the accounting files.
Q. Okay. And what would happen to the OPUS record at that
point?
A. It would be stored in electronic medium, either on a hard
disk or on a backup system.
Q. Why did WCT store this information if it didn't need to
send its customers a monthly phone bill?
A. Well, we did have cases where there were callers who had
problems with various telephone calls who requested credits for
those calls; that had a bad connection or whatnot, if we needed
to be able to look at that. We also needed in some cases to
reconstruct financial histories of some of these accounts if
there was a dispute over the balance and whether or not the --
the card was being used by the user properly. There were
different issues.
Q. Mr. Kane, you mentioned that in addition to the from and to
number and date and time and duration, that the port number was
written to the OPUS file?
A. Yes, it was.
Q. What exactly is a port number?
A. Port number, again, is the lowest level of connection
between these -- each of these systems. Port number again is
the same as your home telephone. A single -- the smallest
element under which a single phone call can be carried.
Q. And after the Oklahoma City bombing, Mr. Kane, did you
John Kane - Direct
receive a subpoena, asking you for certain records in your
files?
A. Yes, we did.
Q. And did you, in fact, provide the FBI with these records?
A. Yes, I did.
Q. How did you provide them with the OPUS records that you
gave them?
A. We asked the system to provide those records to us in a
database file. We then took that file and transferred it onto
diskettes, which we then verified by matching the information
on the OPUS system to the information on the diskettes;
visually on two computers next to each other.
Q. Okay. You said you asked the system to provide you with
certain information. What were the parameters of the computer
search that you did?
A. We -- we asked the system to provide us with all the
records that it had pertaining to the Spotlight calling card
800 number. All of those records.
Q. What was that 800 number?
A. (800) 793-3377, I believe.
Q. Okay. And did you do that for a specific period of time?
A. We did that for the entire period of time that the
Spotlight calling program had been in existence. It was either
November, December, '93, through, I believe, April 17.
Q. 1995?
John Kane - Direct
A. 1995.
Q. Okay. Could you look inside your folder up there and see
if you can find Government Exhibit 511. There should be a
group of computer diskettes.
A. I have them.
Q. Do you recognize them?
A. Yes, I do.
Q. What are they?
A. These are the diskettes that we provided to the Government
under the subpoena.
Q. And how do you know those are the same diskettes?
A. I initialed and dated them.
Q. How do you know that the information contained on those
diskettes is the same information that was in your file?
A. I verified that information once we had made these
diskettes.
Q. How did you verify it?
A. I physically had the information that's on these diskettes
on one screen and the -- the information from the system on
another screen, and I was able to look at them side by side and
compare them.
Q. Mr. Kane, on Monday, you spoke about a process whereby the
OPUS computer would reboot during the day.
A. Yes.
Q. Do you remember that?
John Kane - Direct
A. Yes.
Q. And you testified that during this process, certain
information would be discarded by the system?
A. That's correct.
Q. Now, which system? Would that be the OPUS system or the
WCT switch computer would discard information during the
reboot?
A. That was only the OPUS system.
Q. And what records would be discarded during the reboot?
A. The -- the way the -- the system would reboot and any call
that happened to be in progress at the time the system was
rebooted, the record could potentially not be written to the
storage file.
Q. Did this rebooting process have any effect at all on the
records that OPUS did save?
A. No, it did not.
Q. And did any feature of the WCT or OPUS system cause there
to be records of phone calls that were never made?
A. No.
Q. Are the records that are on those three diskettes business
records of WCT made and kept in the regular course of WCT's
business?
A. Yes, they are.
MR. GOELMAN: Your Honor, I would move to admit
Government 511.
John Kane - Direct
MR. TIGAR: May I inquire, your Honor?
THE COURT: Yes.
VOIR DIRE EXAMINATION
BY MR. TIGAR:
Q. Hello again, Mr. Kane. The records that you assembled,
they relate, you said, to three different things; right? In,
out, and OPUS; right?
A. Correct. Yes, sir.
Q. Okay. And if -- for ease of reference, 3911, 1 is in;
right?
A. Yes.
Q. 3910, 0 is out. Right?
A. Yes.
Q. And then there's the OPUS record?
A. That's correct.
Q. Now, when you turned over the records, if a call was in
progress during this time when the computers were rebooting or
starting up again, there would still be a 3911 and 3910 record;
is that right?
A. It would be at least a 3911. 3910 would only exist if
there was an outbound call currently in -- in progress at the
time.
Q. But what would be missing -- what's missing then on that
diskette is attributing the call that was in progress to any
particular Spotlight card; is that right?
John Kane - Voir Dire
A. Yes.
Q. So in order to know if -- if -- during that period of time,
if any particular Spotlight user was responsible for a
particular call, other steps would have to be taken; right? It
would not appear from the OPUS system?
A. That would be correct.
Q. Okay. So that's not a -- so -- and so thus, in -- for
those calls, that information that -- that the -- from the
computer is missing insofar as particular Spotlight customers
are identified; correct?
A. That's correct.
Q. And in doing your research, you know of at least one
instance in which a call you were being asked about fell into
that category that there was no OPUS record; right?
A. That's correct.
Q. Okay. Now, in -- also in looking at your business records,
is it the case that the origination file, the 3911, always
tells you the calling number?
A. The calling --
Q. The number that's -- the phone you see that's up No. 1
there.
A. Yes.
Q. That's when the customer picks up the phone?
A. Right.
Q. Does the 3911 always tell you the phone number that's on
John Kane - Voir Dire
that phone that somebody picked up?
A. There is a numeric identifier in that number. In most
cases, it tells you the specific number; and in some cases, you
have to obtain other information to get that number.
Q. And in fact, there's one community in the United States
where due to the phone company records, all you get is 000-0000
on the 3911?
MR. GOELMAN: Your Honor, I'm going to object as
beyond the scope of voir dire on the OPUS records.
THE COURT: Overruled.
THE WITNESS: That would be incorrect.
BY MR. TIGAR:
Q. All right.
A. In that particular -- it's probably more than one
community.
Q. Okay. All right. So --
A. Okay. There is an area in Arizona that gives you
information in a different format, and what it does is it gives
you the area code and then seven 0's.
Q. Okay. And so in the 3911 records that you turned over to
the Government, all calls from this particular area of Arizona,
when you look at the 3911 to see, gee, what number was that
that was used, you're going to find in the records the area
code and the seven 0's?
A. That's correct, yes, sir.
John Kane - Voir Dire
Q. Tell the jury what community that is in Arizona where we
get the seven 0's.
A. I believe it's Kingman, Arizona.
Q. So the records you turned over to the FBI with respect to
Spotlight calls originating in Kingman, the 3911's all just
have the seven 0's; right?
A. Have the area code and the seven 0's; correct.
Q. And so that the records -- but -- with that understanding,
the records you turned over were records that you did keep in
the ordinary course of your business; right?
A. Yes, sir.
Q. And the fact that they have these features we've talked
about is nothing that was caused by any particular interference
you made with the records or -- or anything untoward; right?
A. I don't understand the question.
Q. Well, you -- you kept the -- you gave the FBI the same
kinds of records as you kept for the Daryl Bridges card as you
kept for everything else; right?
A. Absolutely, yes, sir.
Q. And these omissions we're talking about, that's
system-wide, not limited to any particular card; is that
correct?
A. The information is not an omission; it's just transported
differently. We just don't get the number.
Q. You just don't get the number?
John Kane - Voir Dire
A. That's correct.
MR. TIGAR: With that understanding, your Honor, we --
we have no objection to the exhibit being received.
THE COURT: The three diskettes in 511 are received.
How many are there?
THE WITNESS: Three.
MR. GOELMAN: Thank you, your Honor.
DIRECT EXAMINATION CONTINUED
BY MR. GOELMAN:
Q. Mr. Kane, when you're talking about records from Kingman,
Arizona, would those records -- when you refer to the five
different records that are created for each phone call, would
the Kingman, Arizona, local phone company have kept records of
those outgoing phone calls?
A. Yes, they did.
Q. Would that be the record created in Steps (sic) No. 1?
A. That's correct.
Q. Let's move on to another kind of record. Let's move on and
talk about the 3911. You indicated that the OPUS records that
have already been admitted had a lot of the information for
every phone call.
A. Yes.
Q. Including the "to" number and the time, date, duration?
A. Yes. That's correct.
Q. What -- what didn't it have?
John Kane - Direct
A. It didn't have the originating telephone number.
Q. And where -- what record would you turn to in order to get
the originating phone number?
A. That information was available in our 3911 records.
Q. Could you explain when that information is first saved to
your 3911 record.
A. The record begins to be created as soon as the switching
equipment is notified that it has an incoming call to that 800
number. It starts to write the information pertaining to the
telephone number of the originating location, the type of
telephone that made the call, whether it was a business-,
residential-, or pay-phone-type location. It also puts down
the date, the time, the port numbers associated with that
particular call.
Q. So it's not just the "from" number that is saved on the
3911 file?
A. No, sir.
Q. You've already testified why WCT kept the OPUS file to keep
track of account information. Why were 3911 records kept?
A. Well, in the WCT box on this picture here is a long
distance switching machine. And it sees that OPUS has a
customer, not necessarily as an integral part of a WTC service.
So for normal record-keeping and billing purposes, we would
keep that information so we could bill the customer. In this
case, we would be billing ourselves since we owned the OPUS --
John Kane - Direct
the OPUS system. Billing information.
Q. And after the bombing, were you asked to provide this
billing information to the Government?
A. Yes, I was.
Q. And did you do that?
A. Yes, I did.
Q. How did you go about doing that?
A. Again, we -- we took all of the 800 calls that had ever
been made to the Spotlight calling card 800 number from various
databases and assembled that information in a data file, and
then we -- we copied that data file onto some diskettes, and I
physically compared the diskettes -- information on the
diskettes to the information in the data file in our main
systems.
Q. How did you determine which 3911 records you were going to
provide the Government?
A. We only provided those that were calls that were made to
the Spotlight 800 number.
Q. Can you look inside your folder and see if you can find
Government Exhibit 509, which would be another group of
diskettes.
A. I have them.
Q. Do you recognize them?
A. Yes, I do.
Q. What are they?
John Kane - Direct
A. They are the 3911 files. They are initialed and dated by
me.
Q. And after you provided -- after you saved the information
onto these diskettes, did you take any steps to verify that
these files were the same ones that were on your system?
A. Yeah. Physically compared them side by side with two
computer terminals. So I could look at the records on both --
in our system and on this -- on these diskettes.
Q. And are the 3911 records on these diskettes business
records of WCT?
A. Yes, they are.
Q. Made and kept in the ordinary course of business?
A. Yes, they are.
MR. GOELMAN: Moved to admit Government 509, your
Honor.
MR. TIGAR: May I inquire?
THE COURT: Yes.
VOIR DIRE EXAMINATION
BY MR. TIGAR:
Q. Now, so that we know what we're seeing, sir, in -- did you
do one search for the 3911 records that resulted in these
diskettes or did you do several searches?
A. We did many searches.
Q. And did you find that in the first search you made that you
had left something out?
John Kane - Voir Dire
A. I don't understand.
Q. Well, how many searches did you have to do in order to get
what's on those diskettes?
A. Actually, several hundred.
Q. Now, did you do them all at the same time?
A. No. Did them over a period of time.
Q. All right. What period of time was that?
A. Several months.
Q. And why was it necessary to keep going back to the system
over several months to assemble that information?
A. Just the sheer volume of calls that we had in our files, we
had to essentially take backup files, load them on the system,
find these particular records, extract them to another file,
and then go to find other cartridges and disk storage devices
that we use in the normal course of business to back our
records up and kept loading those up and getting the records of
them.
Q. When you made your first search for the 3911 files, did
you -- did you have on there a record of a call made on the
14th of April, 1995, from a pay phone in Junction City, Kansas?
A. Had two records from that date. From the same pay phone.
Q. All right. And from the information you then had on that
date, did your search connect those two records together?
A. Connect which two records, sir?
Q. Connect the two records together? Did it show them as
John Kane - Voir Dire
having been the same telephone call?
A. No. There were two records because they were two different
telephone calls.
Q. And in the first search that you did, did you have record
of a completed call on the 14th to a business in Junction City,
Kansas?
A. There was a record of a call. I don't remember if it was
completed or not.
Q. And did your first search show that one of the originating
calls was connected to the completed call in Junction -- or to
a call to a business in Junction City, Kansas?
A. I don't understand. Could you try that again.
Q. When you did your first search, did that search show that a
pay phone in Junction City, Kansas, had called a business in
Junction City, Kansas?
A. There were two calls, and the -- the answer to the question
is both calls had terminating numbers associated with them.
One of the calls was to a business, was completed. The other
call, I don't know if it was to a business or not, and I don't
remember if it was completed.
Q. And what you have now, therefore -- excuse me. Strike
that.
What you have now is the result, though, of having
gone back a number of times, correct --
A. Yes.
John Kane - Voir Dire
Q. -- to the records?
A. Yes, sir.
Q. And are you satisfied that what you now have in front of
you as a result of those searches is a complete and accurate
record of all of the 3911 records -- calls during that time?
A. Yes, it is.
MR. TIGAR: Okay. No objection, your Honor.
THE COURT: All right. I might -- if I might
interject just so that it's clear to us.
You're not talking about looking at a bunch of
documents, are you?
THE WITNESS: No.
THE COURT: So that the records are created through a
computer process developing a database utilizing magnetic or
electronic impulses into the computer system.
THE WITNESS: Yes, sir.
THE COURT: And so the search consists of commands
into that computer to get information out.
THE WITNESS: Yes, sir.
THE COURT: Okay.
MR. GOELMAN: Thank you, your Honor.
THE COURT: Some of us think of searches as going
through file cards.
DIRECT EXAMINATION CONTINUED
BY MR. GOELMAN:
John Kane - Direct
Q. You've indicated that you can get the "from" number from
the 3911 file; is that right?
A. Yes, sir.
Q. And once you have the OPUS file and the 3911 file, what
information about a phone call are you missing?
A. Actually, not missing any.
Q. So why do you need the 3910 file?
A. We really don't. The 3910 file is just a third level of
validation for us to make sure that we have accurately
delivered all of the records.
Q. What information is contained in the 3910 files?
A. 3910 file contains the date, the time, the duration, the
port number, the dialed number for the calls that originated
from the OPUS platform.
Q. And is the 3910 file created at a different point in the
process of a phone call than the 3911 and OPUS files?
A. Yes. It would be.
Q. Can you tell the jury about when the 3910 file is created.
A. Each -- each of the 3911 and the 3910 are independent
telephone records. There are two separate calls as far as the
system is concerned. It does not know that one is the result
of another. So you can have a 3911 call come into the system.
You get into the OPUS platform, you can dial the telephone
number; and once you've dialed the telephone number you're
calling, a record is then begun which is a 3910 record, which
John Kane - Direct
supports the billing information for that particular call. You
may not even complete the call, but you'd still have a 3910
record that would tie back to the 3911 and the OPUS records.
Q. And what is WCT's purpose in keeping the 3910 file?
A. Again, we're -- we're dealing with a system that does not
know that OPUS is a company that is -- or equipment that is
associated with our own company. So we were keeping that
information for the purposes of billing a customer -- in this
case, it would be OPUS -- for a telephone call. Essentially
billing ourselves.
Q. So like the 3911, the 3910 record is a billing record?
A. Yes, it is.
Q. And did you supply the Government with some 3910 records
after the Oklahoma City bombing?
A. Yes, we did.
Q. Can you describe how you went about collecting these
records?
A. These were a little bit more complicated to gather for us.
What we did to obtain these records was we took all of the
telephone numbers that any Spotlight caller had ever called.
We put those numbers into a database of telephone numbers. We
then took our very large 3910 file and ran -- compared the two
files to each other, extracting from the large 3910 file only
those records where there was a match to any number that had
been dialed by the OPUS system during the duration from
John Kane - Direct
December '93 through April of '95.
Q. Okay. So you started with the OPUS records?
A. Yes, sir.
Q. And what information did you take out of the OPUS records?
A. We took the dialed number, the number that was being
called --
Q. The "to" number?
A. The "to" number.
Q. Okay. And explain again the search that you ran in the
3910 database.
A. We took all of those numbers. We put them into a database.
We ran that database against a much larger file that contained
all of these calls that were in the 3910 file, which is a very,
very large file; and then we only pulled from that file those
records which matched based on telephone number.
Q. Okay. When you say you took the "to" number from the OPUS
files, would that be all the numbers that the Daryl Bridges
account ever dialed or all the numbers that any Spotlight
calling-card holder ever dialed?
A. It was any record of any Spotlight caller who had ever
dialed from that system.
Q. What did you do once you got these 3910 files?
A. We again compared the -- the numbers on the screen to two
screens next to each other, put them on diskettes, and
forwarded them to the Government.
John Kane - Direct
Q. Could you look inside your folder for Government Exhibit
513, please.
A. I have it.
Q. What is that?
A. These are the 3910 files, either signed or initialed and
dated by me that we submitted.
Q. How many diskettes are there?
A. There are three.
Q. When you were describing how you retrieved the 3910 files
contained on these three diskettes, if there was no OPUS record
of the "to" number called, would the 3910 have been included on
those three diskettes?
A. No, it would not.
Q. And why not?
A. Because the basis for our compiling this information was
only those calls that had -- that there was a record of in the
OPUS system. So they would not have been included.
Q. So what if there had been a Spotlight call made to that
number but because of the OPUS rebooting process that you
described, there was no OPUS record for that particular call?
A. We would have not found it in this process, and it would
not be included in these records.
Q. Mr. Kane, when you were first reconstructing the phone
activity on the Daryl Bridges debit card, did you find that
there had been a phone call for which there was no OPUS record?
John Kane - Direct
A. Yes.
Q. Could you describe how you made that discovery.
A. We were -- before we were putting the records together in
this format, we were using an on-line data processing system
which gave us the ability, be it very slow, for us to go into
our active data files or data that had not yet been offloaded
from the system for storage purposes and look at all call
activity associated with the 800 number and the terminating
calls that came back into the WCT system. I was looking at
calls associated with the Bridges calling card and had found a
call that began at a pay phone on the 14th and then had found
the terminating number, which was (913) 258-3400, and the
next -- I pushed the carriage return to look at the next
record, and I did not think that the screen had changed because
most of the information was very, very similar. So the next
record that had come up in sequence was a record that based on
the 800 number that was in our search, we -- we were surprised
to see this record because we didn't have an OPUS record that
matched this particular call.
Q. What do you mean, you didn't think that the screen had
changed?
A. Well, when you -- you're sitting in front of a terminal and
there's a lot of information displayed, you're looking at
the -- the fields on that screen for information. When I
pushed the return key, I -- I thought that the screen had not
John Kane - Direct
updated because the originating telephone number and the date
on the call were almost the same. So I actually toggled back
and forth, looking at the previous record and coming back to
look at the current record, because it bothered me that there
were two records that were so similar back to back.
Q. You initially thought it was the same phone call?
A. I thought it was the same record. Right.
Q. What fields of information were the same so that you
thought that it was the same phone call?
A. The originating telephone number, the fact that it was a
pay phone, the date, and some of the elements in the time field
were -- were -- at first glance looked the same to me. But
they actually were slightly different.
Q. You said that the "to" number for the first of those two
phone calls was (913) 258-3400?
A. Yes, sir.
Q. When you first saw it, that number, was it already familiar
to you?
A. Yes. I had seen that number previously.
Q. When had you seen that number previously in your -- in your
database?
A. It was the record that I had found for a call from the
Dreamland Motel that had been made on the 15th.
Q. Of what month?
A. Of April, 1995.
John Kane - Direct
Q. Okay. And again, did you consult business records of the
local phone company in Herington, Kansas, to determine who was
subscribed to that number in April, 1995?
A. Yes. Terry Nichols.
Q. Do you remember what date the two phone calls in a row were
again?
A. April 14.
Q. So that was the day before the initial call to Mr. Nichols
that you found?
A. That's correct.
Q. And after you discovered that there really were two
different phone calls from the same pay phone on April 14, what
did you do?
A. I suspected at that time that there was another Spotlight
calling card that we had not associated with the Bridges
account.
Q. Why did you suspect that?
A. Because I had all of the OPUS files for the Bridges account
at that point, and there was no call that would have matched
this one in that Bridges account. So I went off to the OPUS
system, looking for this particular call record in the OPUS
system, and was unable to find it.
Q. How did you know that this particular call even had to be a
Spotlight call at all?
A. Well, the -- this is a three-record situation. I had the
John Kane - Direct
3911 record, and I had a 3910 record. And the only way I could
have a 3910 record is if a call had gone through the OPUS
system, so I knew that there was something wrong because it did
not have that OPUS record.
Q. Did you find another Spotlight account that made the second
call on April 14, 1995?
A. No, I did not.
Q. So there was no OPUS record for Bridges or from any other
Spotlight account of this call?
A. There was no OPUS record whatsoever.
Q. Did you have the 3911 and the 3910 for this phone call?
A. Yes, I did.
Q. And at the time, did you know why you had the 3911 and the
3910 for a particular phone call and not have the OPUS record?
A. No, I didn't.
Q. Did you later discover the reason for that?
A. Yes, I did.
Q. And why would you have those two records and not the OPUS
record?
A. Apparently, when the software people were fixing one
problem in the system, the OPUS system, where we were having a
difficulty with the system from time to time, it would just
stop processing calls -- the way they had fixed that is they
had written a program that caused the system to reboot three
times a day, where it would clear out its memory. And part of
John Kane - Direct
the way they had done that inadvertently caused them to throw
away calls from a record-keeping standpoint that potentially
were in progress during that rebooting process.
Q. And is that the same rebooting process that you described
earlier?
A. Yes, it is.
Q. You said that when you were -- when you found these calls,
you were looking at records on -- on a computer screen; is that
right?
A. Yes, sir.
Q. And you described it as a slow process?
A. Yes. We were using a system that we called CDR Search,
which is meant for finding calls from times that customer would
complain if they had a bad connection. We would go into the
system to reconstruct the call, what equipment was being used
on that particular call so we could try to recreate the call,
reconstruct the problem, and solve the problem for the
customer. It wasn't meant to find large numbers of records.
Q. I don't see a CDR anywhere on Government Exhibit 506. Will
you explain the CDR record and how that fits in with the other
types of WCT records.
A. Well, CDR is just another way to output either the 3910 or
the 3911 record. It was just printed out to -- to a different
file.
Q. How long are CDR records kept in active memory?
John Kane - Direct
A. We used to try to keep about 30 days' worth of CDR
information available on line.
Q. And is the information contained in the CDRs the building
blocks for what later becomes a 3911 and 3910's?
A. Exactly.
Q. In addition to the diskettes that you've already
identified, did you print out hard copies of certain records?
A. Yes, I did.
Q. Which records were those?
A. I believe they encompassed the records that we associated
with the Bridges account between March 25 of -- of '95 through
April 17 of '95.
Q. And did these records include the CDRs from the second
phone call on April 14 that didn't have any OPUS record created
for it?
A. Yes, they did.
Q. And at this stage, you're just physically eyeballing
records on the computer?
A. Yes, sir.
Q. Pushing "Print Screen"?
A. Yes.
Q. I want you to take a look and see if you can find
Government 517 inside your folder.
A. I have it.
Q. One moment.
John Kane - Direct
Do you recognize those documents?
A. Yes. These are copies of the CDR printouts.
Q. Are those the same files that you saw on your computer
screen?
A. Yes, they are.
Q. And are they business records of WCT?
A. Yes, they are.
MR. GOELMAN: Your Honor, I move to admit Government
517.
MR. TIGAR: May I just very briefly?
THE COURT: You may inquire.
VOIR DIRE EXAMINATION
BY MR. TIGAR:
Q. The top page there that has an exhibit-number sticker on
it --
A. Yes, sir.
Q. -- is that your business record?
A. No, it's not.
Q. All right. Are all the other pages your business records?
The ones that are hand-numbered 1 through 57?
A. Yes, they are.
MR. TIGAR: Your Honor, no objection to the admission
of pages 1 through 57. We object to the top page because it's
not his record.
THE COURT: Agree to remove --
John Kane - Voir Dire
MR. GOELMAN: I'll withdraw that, your Honor.
THE COURT: Did you intend to offer 513, also?
MR. GOELMAN: Yes. I intended to come back to 513
after I explained these phone calls.
THE COURT: Oh, all right. Well, 517 is received.
We'll remove the front page. Let's do it now so we don't
forget it.
Go ahead.
MR. GOELMAN: Thank you, your Honor.
DIRECT EXAMINATION CONTINUED
BY MR. GOELMAN:
Q. Are the two phone calls that you found on April 14 included
in this packet of CDRs, Mr. Kane? Refer to pages 41 and 42 to
see if you recognize the phone call depicted in those two
pages.
A. Yes. They are here.
Q. And pages 41 and 42, what phone call is represented by the
data on those pages?
A. This is the first telephone call on the 14th, which is
associated with the Bridges account. The call was from a
public pay phone at area (913) 762-9765, which was --
Q. Did you know that the call was from a public pay phone just
from that record?
A. There is some information provided to us by the local
telephone company when they forward the call to us as a long
John Kane - Direct
distance company which tells us about -- a little bit about the
originating telephone number so we can make business decisions
as to whether to accept or reject the call.
Q. And is that information included on the face of that record
there?
A. Yes, it is.
Q. Does that record indicate what number was called?
A. The 3911 record does not indicate what number was called.
The call number on this record is the 800 number for the
Spotlight calling card.
Q. Could you turn to page 42. And is that the 3910 record for
that phone call?
A. This is the equivalent of the 3910 record, and it shows
the -- the dialed number or the called number here, the "to"
number at (913) 258-3400.
Q. And you've already identified that as Mr. Nichols' number?
A. Yes.
Q. Can you tell from these records when the phone call to
Mr. Nichols' house ended?
A. Call ended at 7:53:06.
Q. And could you take a look at pages 43 and 44 of Exhibit 517
and tell me if you recognize the phone call depicted in that
data.
A. This is the second call. It's again from the (913)
762-9765 pay phone. It begins at 7:53:33, 27 seconds after the
John Kane - Direct
other one ended.
Q. What number was that telephone call made to?
A. The "to" number here is (913) 238-8534.
Q. Before coming to court on Monday, Mr. Kane, did you check
local business records and determine who was the subscriber to
that particular phone number in April 1995?
A. Yes. This was listed to Ryder One-Way Direct, I believe is
the name.
Q. Where?
A. In Junction City.
Q. Kansas?
A. Yes.
Q. And how much time, then, is there between the call to
Mr. Nichols' house and the call to Ryder Truck?
A. 27 seconds, according to this.
Q. Did some mechanical process have to happen in these 27
seconds?
A. The caller would have had to hang up -- would have hung up
the first call. They would have then had to originate a second
call essentially going back through this process, Steps 1
through 5, and revalidated into the -- into the system and then
made the second call.
Q. And how long, again, do Steps 1 through 5 generally take?
A. Somewhere between 7 and 10 seconds.
Q. And that had to happen within the 27-second window?
John Kane - Direct
A. That would be correct.
Q. Mr. Kane, was the 3910 for this particular phone call to
Ryder Truck included in Government Exhibit 513, the three
diskettes that you've already identified?
A. No, it wasn't.
Q. Why not?
A. It was not a "to" number that matched the OP -- any number
in the OPUS file that we were working from.
Q. Was the 3911 for this particular phone call included in the
diskettes that have already been admitted?
A. Yes.
Q. Why would the 3911 for this phone call be there and the
3910 not be there?
A. The 3911 was created by the fact that the -- any call that
had ever been made to the 800 number was the criteria for that
particular file. So the 800 number was dialed and was recorded
so it was a part of the 3911 record, and the 3910 records were
created as a result of OPUS records. We did not have an OPUS
record for this particular call. We did not include it with
the initial data set.
Q. And because the 3910 for this particular call was not on
the original three diskettes that you provided to the
Government, did you later go back and save this single 3910 to
an additional diskette?
A. Yes, we did.
John Kane - Direct
Q. What information went on this diskette?
A. Just the information regarding the 3910 call to the Ryder
truck rental location.
Q. Could you please look inside your folder once again and see
if you can find Government Exhibit 514. It should be a single
computer diskette.
A. I have it.
Q. And do you recognize it?
A. Yes. It's the diskette that I submitted, signed and dated
by me.
Q. And contained on that diskette, is there a 3910 business
record of WCT?
A. One record.
Q. Did you take any steps to verify that this record is the
same one you saw on your screen?
A. I looked at both of them side by side.
MR. GOELMAN: Your Honor, I move to admit Government
Exhibits 513 and 514 at this time.
MR. TIGAR: No objection, your Honor.
THE COURT: They are received, 513 and 514.
BY MR. GOELMAN:
Q. You've described the different kind of records that are
contained on your diskettes. Taken together, what information
about a particular phone call could we get from these three
records?
John Kane - Direct
A. Taken together, you should be able to ascertain the place
the call was made from, the time, the date, the duration, and
the number that was called.
Q. Sounds pretty straightforward. Could you take Government
Exhibit 509A out of that folder.
A. I have it.
Q. Do you recognize that?
A. Yes, I do.
Q. What is that?
A. This is a partial printout of the 3911 file, which is just
a -- groups of numbers separated by commas or something we call
a comma-delimited ASCII file.
Q. So that's nothing more than a hard copy of some of the
records contained on Government Exhibit 509?
A. Yes. That's correct.
Q. And does 509A depict what these records actually look like?
A. Yes. That's -- that would be correct.
MR. GOELMAN: Your Honor, I move to admit for
demonstrative purposes only.
THE COURT: 509A.
MR. TIGAR: May I take a look at it, your Honor?
THE COURT: Certainly.
MR. TIGAR: Thank you.
THE COURT: As I understand it, this is to illustrate
what the process shows if it's printed out.
John Kane - Direct
MR. GOELMAN: Exactly, your Honor.
MR. TIGAR: No objection, if the Court please.
THE COURT: All right. 509A is received for that
purpose.
MR. GOELMAN: May I publish, your Honor?
THE COURT: Yes.
BY MR. GOELMAN:
Q. Describe what we're seeing on the screen, Mr. Kane.
A. Essentially, this is a series of numbers, each group of
numbers separated by a comma, which would indicate to a
computer program that the data contained prior to the comma was
one field of information or one group of information and that
the comma separates the next group of data, numbers, or letters
so that can be interpreted by that -- by that computer system.
This record would -- this file printed out this way
would show the first number, which is obvious, (800) 793-3377.
It's the Spotlight 800 number. The next field after the comma
would be the trunk group number, 3911. I'm not sure what the
next few fields are. There's obviously a date field here.
There's a number where the call originated from and the city
and state where the call originated from, as well as some other
numeric information, but I'd need some other documentation to
look at that.
Q. Mr. Kane, this format isn't particularly user-friendly, is
it?
John Kane - Direct
A. Not particularly.
Q. Is there a way to get rid of all the extraneous
information, the non-Bridges phone calls and all the different
technical data and make one record that you could use and
understand just by looking at it?
A. There are a number of different ways to do that, yes.
Q. And could you make this record include all the relevant
information about each phone call, including date, time,
duration, number dialed from and number dialed to?
A. Sure.
Q. Mr. Kane, how many different phone calls did WCT process
between December, 1993, and April, 1995?
A. I think we calculated that to be almost 2-1/2 billion.
Q. And did this series of diskettes that you've admitted
today -- do they reflect all 2-1/2 billion calls?
A. No.
Q. About how many different calls -- about how many different
records are on those three sets of diskettes?
A. I believe there's somewhere less than half a million.
Q. And does that mean there were half-a-million calls
reflected by these records?
A. No. There's a lot of duplication because there's a
different -- different records from different systems for the
same phone calls in a lot of cases.
Q. Could you look inside your folder and see if you can find
John Kane - Direct
Government Exhibit 516, please.
A. I have it.
Q. And does that reflect the number of records of each type of
file that you provided to the Government?
A. Yes, it does.
MR. GOELMAN: Move to admit, your Honor, for
demonstrative purposes only.
MR. TIGAR: May I have a moment, your Honor?
THE COURT: Yes.
MR. TIGAR: No objection, your Honor.
THE COURT: All right. 516 is received for
demonstrative purposes.
MR. GOELMAN: Thank you, your Honor.
May I publish, please?
BY MR. GOELMAN:
Q. Can you describe what we're seeing here?
A. These are the numbers of records that were associated with
each of the groups of diskettes that we submitted to the
Government.
Q. Why are there different numbers of 3911, 3910, and OPUS
records?
A. There are a number of reasons for the differences here. In
the 3911 category, for example, every time a Spotlight
calling-card customer called the 800 number, there would be a
record created. A Spotlight calling-card customer could, if
John Kane - Direct
the customer elected to do so, make multiple calls through the
OPUS system with only one 800 call as a convenience feature.
So essentially, they could dial the 800 number once, put their
PIN number in once, complete a telephone call, not hang up, and
utilize a feature we call "reorigination" which would allow a
second, third, fourth call to be completed. It had only to do
with how much of a balance the customer had. If they had an
adequate balance, they could theoretically continue making
calls until they ran out of money.
Q. And how many 3911 records would be created from one of
those reorigination series?
A. There would be only one 3911 record.
Q. How many OPUS records could be created from one 3911?
A. Theoretically, infinite based only on the balance available
to the customer.
Q. Mr. Kane, do you know why there are fewer 3910's than there
are the other two files?
A. Sure. The 3910's were only created for billing purposes,
so therefore any calls that were ring/no answer, or is busy at
the distant end or were not completed for any reason would not
be part of the 3910 file; so therefore, there's somewhat less.
In this case, there's about two-thirds as many. Industry
standard is about 66 percent of calls are completed.
33 percent are either busy or ring/no answer.
Q. Mr. Kane, you said that you could create a single, unified
John Kane - Direct
record of all the Daryl Bridges phone calls; is that right?
A. Yes.
Q. How would you go about doing that? Where would you start?
A. I would start with the Bridges account information from the
OPUS system. Then I would go and gather the 3910 and 3911
records associated with those particular Bridges calls.
Q. Okay.
A. And I would take the information from the OPUS record. I
would extend it on the originating side to include the
originating information, telephone number, the information and
I'd extend on the terminating side to the "to" number and match
the port numbers along all three of those records to make sure
that they were traveling over the same physical pieces of
equipment.
Q. So you'd start with the OPUS record?
A. Yes.
Q. And then you'd go to 3911 to get your originating phone
number?
A. Yes.
Q. And explain what role the port would have in that process.
A. Well, the physical equipment here was wired with physical
wires like an extension cord. They were connected to each
other. And if you picture this as multiple cords between these
pieces of equipment, each one was plugged into a certain place
on a respective piece of equipment called -- a location called
John Kane - Direct
a port.
Q. And would the port number be reflected on each of the
records?
A. Yes, it would.
Q. Could there be a 3911 port that would go to not one, but
two different OPUS ports or 3910 ports?
A. No. It's a one-to-one relationship between those numeric
identifiers of this equipment.
Q. And how many ports were there on each of these three
different systems?
A. I believe there were about 130 ports in each of the
respective pieces of equipment.
Q. And in terms of how easy it is to produce one unified
record to construct a Daryl Bridges summary, what effect would
the number of ports have on that process?
A. Well, the calls received by the WCT switch were distributed
to the OPUS system on a kind of an even basis so that all of
the ports would be used on a relatively equal amount. This is
something the telephone industry has done for numbers of years
so what you end up with is an equal wear and tear on the
equipment. Of course, equipment nowadays doesn't suffer from
that kind of wear and tear, but there is still an industry
standard that says you evenly distribute the calls. So we had
about 130 ports associated with the OPUS equipment. We had, I
believe, about 7,000 phone calls a month to the Spotlight
John Kane - Direct
calling-card number.
I believe when we did the math, given that even
distribution, we were looking at a potential for two to four
calls a day per port being associated with the Spotlight
calling program. So it was a relatively small number of ports
involved with Spotlight on a daily basis.
Q. Okay. And how did that small number of phone calls through
each port affect -- how would that affect the construction of a
unified record?
A. It made it relatively easy to go and find the respective
3911 records by matching the ports and the date and the time by
the sheer fact that there were no other records that were
similar enough to be matched to the -- because of the time
separation on the records.
Q. Mr. Kane, do you want to get some water? Are you --
A. Okay.
Q. Could you do this matching even if you didn't have port
information, Mr. Kane?
A. Yes. You could do it based on the -- the time and the
date, the duration of the call. Excuse me. A number of
factors that are usable in that kind of reconstruction.
Q. And do you know whether, for the majority of the Bridges
phone calls, this port information was available?
A. For the majority of them, it was available, yes.
Q. I want you to see if you can find Government Exhibit 507.
John Kane - Direct
A. I have it.
Q. And do you recognize that?
A. This is a representation of one of the 130 relationships
between the 3911 port, the OPUS port, and the 3910 port. In
this particular example, Port No. 11284, which is a unique
number, there's only one of them in the WCT system --
Q. Mr. Kane, hold on one second, please.
MR. GOELMAN: Your Honor, we move to admit for
demonstrative purposes only.
MR. TIGAR: No objection, your Honor.
THE COURT: All right. 507 is received.
You may proceed.
THE WITNESS: The 11284 is the specific address, as it
were, or port number, of the part of the 3911 trunk group. It
was physically connected to a port on the OPUS system numbered
1405. 1405 was, in turn, physically connected to Port
No. 11296 on the 3910 portion of the system.
BY MR. GOELMAN:
Q. Now, is this relationship only for one specific phone call
or does 3911 port -- 11284 always correspond with OPUS port
1405?
A. There's a relationship that exists the whole time. It's
not changed. It's always the same.
Q. It's permanent?
A. It's a permanent relationship.
John Kane - Direct
Q. And do both of those ports always correspond to 3910 port,
11296?
A. Yes, they do.
Q. Is that relationship only for these three particular ports
or are there similar relationships for all the ports on the WCT
system?
A. There are 130-some relationships that are all identical.
Q. And after the bombing, were you able to determine what
these particular relationships were?
A. Yes.
Q. How did you go about doing that?
A. I physically had two of my technicians in -- in my presence
look at these connections, trace them out and document them.
Q. Okay. When you say "look at these connections," you're
talking about just the extension-type thing?
A. Where the physical wires were attached and plugged into
each other.
Q. Would you look inside your folder again and see if you can
find Government Exhibit 508.
A. I have it.
Q. After determining the relationships, did you document that?
A. Yes, we did.
Q. And is this a typewritten version of the documentation that
you provided to the Government as far as the different port
relationships?
John Kane - Direct
A. Yes, it is.
MR. GOELMAN: Your Honor, I move to admit Government
508.
MR. TIGAR: May I inquire, your Honor?
THE COURT: You may.
VOIR DIRE EXAMINATION
BY MR. TIGAR:
Q. Mr. Kane, this was prepared for purposes of the
Government's investigation; is that right?
A. Yes, it was.
Q. All right. It is not a record made and kept in the
ordinary course of your business; is that right?
A. Information about the way these ports are connected is.
Q. Yes. I understand --
A. But not in this detail.
Q. Not in that form of presentation?
A. That's correct, sir.
MR. TIGAR: No objection for demonstrative purposes,
your Honor.
THE COURT: All right. I take it that is the purpose?
MR. GOELMAN: Yes, your Honor.
THE COURT: All right. So 508 is received.
MR. GOELMAN: May I publish, your Honor?
THE COURT: Oh, yes.
MR. GOELMAN: Thank you.
John Kane - Direct
DIRECT EXAMINATION CONTINUED
BY MR. GOELMAN:
Q. Is that the first page of the port matrix that you provided
to the Government?
A. I can't see the screen, but --
Q. Can you see the screen below?
A. I have one here. Yes, it is.
Q. And is that document the kind of matrix that would allow
you to determine, once you knew a single port, which of the --
which two other ports a particular call went through?
A. It could be used for that, yes.
Q. Thank you. Have you also assisted in the preparation of a
diagram which illustrates how certain information drawn from
each of those three files can be compiled into one record?
A. Yes.
Q. And could you please find Government Exhibit 518.
A. I have it.
Q. Is that that diagram that you helped prepare?
A. Yes.
Q. And would that help to explain how you would take
information from each of these three files?
A. It could be used for that, yes.
MR. GOELMAN: Your Honor, I move to admit Government
518.
THE COURT: Again, to illustrate the process?
John Kane - Direct
MR. GOELMAN: For demonstrative purposes only.
MR. TIGAR: On that basis, no objection.
THE COURT: All right. 518 is received for that
purpose.
BY MR. GOELMAN:
Q. You said you would begin with the OPUS record, Mr. Kane?
A. Yes, I would.
Q. What would you do then?
A. I would take the information from the OPUS record, and I
would proceed to look at the records for the same day in the
3911 file.
Q. What information would you be missing when you had only the
OPUS record?
A. I would not have the originating telephone number.
Q. Where would you turn to get that?
A. The 3911 record.
Q. Okay. How would you determine which 3911 was necessary to
complete the record for that particular phone call?
A. We'd match the port numbers first. If there were multiple
records on the same day for the same port, we would then look
at the duration field and see what the duration was of the time
and day for the record.
Q. What would you do then?
A. Then we -- we would match it. That would essentially be
it.
John Kane - Direct
Q. And after you matched the 3911 with an OPUS record, what
would you do after that?
A. We would then go and we would take the -- we'd find the
corresponding 3910 record to make sure that the port -- numeric
port differential was correct and the -- the dialed telephone
number was correct. Essentially, a third validation or a
confirmation, as it were, of that particular record.
Q. You'd use the 3910 to verify the match you'd already made?
A. Yes.
Q. Mr. Kane, you've told us about a lot of information that
your files contain and how we can use them. Is there anything
on those diskettes that you've introduced into evidence that
can tell this jury who made a particular phone call?
A. No.
Q. Is there anything on these diskettes that can capture the
subject of a particular phone call?
A. No.
Q. And you testified that this particular Spotlight debit card
was purchased under the name Daryl Bridges of Decker, Michigan?
A. That's correct.
Q. Do you have any personal knowledge of who Daryl Bridges is?
A. No.
Q. Now, WCT never sent its customers a monthly phone bill; is
that right?
A. Not debit-card customers.
John Kane - Direct
Q. Did you ever send your debit-card customers a list of the
phone calls they made just so they could keep track of it?
A. If requested to do so, we would print out a list of their
calls and fax it to them or mail it to them.
Q. Did you do it as a matter of course, though?
A. No.
Q. And was there anything in the fulfillment package that
would tell them that their phone calls were being kept track
of?
A. No.
Q. Was it standard practice to tell them that you guys were
keeping track of their phone calls through some other method?
A. No.
Q. So was there anything at all that would let the Spotlight
cardholder know that WCT was keeping track of their phone calls
and that WCT kept these records for years?
A. No.
Q. But you were, Mr. Kane?
A. Yes.
Q. Please take another look at Government Exhibit 484.
A. I have it.
Q. Okay. Want to look at the back of it where the
instructions are.
A. I have it.
Q. Now, could you please take your light pen and circle the
John Kane - Direct
PIN number that you were talking about earlier, the 14-digit
personal identification number.
Mr. Kane, on the -- you've got to go underneath the
window thing.
A. Try this again.
Q. Good enough. That handwritten number before with the word
"assist" next to it: Is that what you earlier identified as
the customer service number?
A. Yes.
Q. Please read the name next to that number.
A. Keith Bower.
Q. Mr. Kane, do you know who Keith Bower is?
A. Keith Bower is an employee of WCT Communications who had
responsibility for providing customer service for prepaid
calling card customers.
Q. Did you give Mr. Bower any instructions as far as the
proper procedure for handling different types of customer
complaints?
A. Absolutely.
Q. And are you familiar with a company called Caretel?
A. Yes.
Q. Who are they?
A. Caretel was a customer service -- subcontractor who
provided customer service for different WCT products on an
after-hours and weekend basis. We were only open during
John Kane - Direct
regular business hours and did not have that customer service
functionality.
Q. Did you also provide Caretel with instructions on how to
handle different types of complaints that they might receive?
A. Yes. Absolutely.
Q. Did the customer service employees trained by WCT have any
instructions what the standard procedure to do if somebody was
trying to use their debit card and couldn't get through?
A. Yes.
Q. Okay. And what were those instructions?
A. The customer service person was instructed to get the
information from the customer, place the customer on hold, and
attempt to recreate the situation that the customer was
complaining about by dialing in the 800 number and putting the
customer's PIN number in and trying to dial the number that the
customer was having a problem with. Essentially,
reconstruction of the customer's problem.
Q. Did the customer service employees also have specific
instructions on what to do if a debit-card holder called up and
said that he suspected that somebody unauthorized was making
phone calls on his debit card?
A. Yes. The -- the customer service person was -- was trained
to take the customer's account number and PIN number and cancel
them, issue the customer a new PIN number and transfer the
customer's balance from the old account to a new account number
John Kane - Direct
and then issue credit to the customer for any calls that they
may be complaining about that they did not make.
Q. Why was the procedure to issue the customer a brand-new PIN
number?
A. Well, if the customer suspected that calls were being made
against their account on their PIN number without their
authorization, then the -- we would want to prevent that from
happening in the future, so we'd issue them a new -- a new
number to prevent that abuse from taking place.
Q. Mr. Kane, was it difficult for debit-card holders to check
their balance?
A. No. Not at all.
Q. How would they do that?
A. Every time the customer called into the system and
successfully entered their PIN, the first thing they would hear
would be a balance amount played to them through the phone; so
when you successfully entered your PIN number, you would be
told exactly how many dollars were remaining in your account.
Q. And do you know if the Daryl Bridges account had any of
these balance-check, non-phone calls on its records?
A. Oh, yes. Certainly.
Q. Do you know about how many?
A. No.
Q. You said that if a customer suspected that unauthorized
phone calls were being made on his card, WCT would issue a new
John Kane - Direct
PIN number?
A. Yes.
Q. And give credit for the calls that would have been
unauthorized?
A. Yes.
Q. After the bombing, did you determine whether the Daryl
Bridges Spotlight debit card ever had a new PIN number issued
to it?
A. We determined it did not.
Q. So throughout the time of its use, how many different PIN
numbers did the Bridges card have?
A. Just one.
Q. And do you know, Mr. Kane, when the last customer call on
the Bridges card was made?
A. I believe it's April 17.
Q. 1995?
A. 1995.
MR. GOELMAN: Court's indulgence.
THE COURT: Yes.
MR. GOELMAN: Nothing further, your Honor.
THE COURT: All right. Mr. Tigar.
MR. TIGAR: Yes, your Honor.
CROSS-EXAMINATION
BY MR. TIGAR:
Q. Go ahead. You wanted to take a drink of water.
John Kane - Cross
A. Thank you.
Q. Mr. Kane, when -- the FBI first contacted you concerning
the Daryl Bridges card sometime in April of '95; is that right,
sir?
A. Yes, sir.
Q. And you had a number of conversations with agents about the
card and were able to provide a great deal of information. Is
that fair to say?
A. Yes, sir.
Q. And you told them that, as you have here Monday and
today -- that the Spotlight card was one of a number of cards
that were marketed through your company. Is that right?
A. That's correct. Yes, sir.
Q. And the way your company worked was to buy blocks of time
from long distance carriers; is that right?
A. Some and some. We actually had our own switching equipment
and provided our own long distance network in some cases and
bought blocks of time in others.
Q. And the software problem that you referred to earlier:
During what period of time did that problem exist?
A. I'm not exactly sure of the dates, but I believe it started
sometime in January of '95 and was in existence through
April -- the end of April '95, at which point it was corrected.
Q. And briefly, that's just -- that just meant that a certain
percentage of telephone calls that were being made by Daryl
John Kane - Cross
Bridges -- excuse me -- by Spotlight cardholders would not be
billed to the cardholder; right?
A. Any -- anybody using the debit-card system would enjoy free
telephone calls.
Q. And that would include Spotlight holders and everybody
else --
A. Yes.
Q. -- right?
A. Yes.
Q. Now, when you were talking to the FBI about this, you noted
that there were a large number of telephone calls on the card
that had been made to the Philippines; correct?
A. That's correct.
Q. The Philippines was one of the areas in the world where
international calls could be made; right?
A. Yes.
Q. Now, the person who had the card and wanted to call the
Philippines: They would not pay the same as they would pay for
calls within the United States?
A. That's correct. Different rates would apply.
Q. Do you know what multiple of the U.S. rates were involved
in calls to the Philippines?
A. No, I don't.
Q. Now, you've talked today about the computer screens that
you were looking at for purposes of these records; right?
John Kane - Cross
A. Yes, sir.
Q. And I want to focus in, if I might, on the work that you
did to figure out who called whom on the 14th of April.
A. Okay.
Q. Now, you said you were looking at a screen and you noticed
that a telephone call had been made from a phone in Junction
City, Kansas, to a telephone listed to the residence of Terry
Nichols; right?
A. Yes.
Q. All right. And would you look, please, at pages 41 and 42
of what's been received as Government Exhibit 517 --
MR. TIGAR: Your Honor -- the computer is not doing
its job, but I'll just do it with the physical exhibits. We
don't need to read it.
BY MR. TIGAR:
Q. This record shows that somebody at a pay phone in Junction
City called Herington, Kansas; right?
A. Yes, sir.
Q. Now, what time did that call begin?
A. According to the records, it began at 7:51:27.
Q. And 7:51:27: What time zone are we in there?
A. This would be Pacific Time.
Q. So that the Central Daylight -- is this -- let's see. Is
that Daylight time now --
A. I believe --
John Kane - Cross
Q. -- at that time?
A. It would be.
Q. Okay. So that -- thank you. So that there's a two-hour
difference; is that right?
A. That would be correct.
Q. So this call took place at 9:51 in the morning; right?
A. Central Time.
Q. Central Time.
A. Yes.
Q. Now, you're -- behind you there is a routing for a
Spotlight call that shows the L.A. switch. In fact, you did
have other switches; correct?
A. Yes, we did.
Q. And one of the -- and were all of your computers that you
had involved in this accounting process set to the same time?
A. No, they weren't.
Q. Some of the computers are set to other time zones
completely; is that right?
A. If they were -- if the switches were physically in other
time zones, they would have been set to different times, yes.
Q. And some Spotlight calls were routed through switches that
were in different time zones; correct?
A. Yes, that's correct.
Q. And in addition to the problem -- in addition to the time-
zone situation, the clocks on the computers were not all
John Kane - Cross
harmonized. Is that fair to say?
A. That's correct.
Q. So that as we look at that record for particular calls, we
might find in there differences or variations of as much as
three or four minutes; correct?
A. Between what?
Q. Well, between the time that was in one computer and the
time that was in another computer.
A. I don't know what -- how much of a difference you might
find.
Q. All right.
A. There are differences.
Q. There are differences?
A. Yes, sir.
Q. So that if we were looking at a series of calls made on a
Spotlight credit card during a particular day, and the
reorigination feature were not being used, we can't be
100 percent certain that the times shown are accurate within a
second? Is that fair?
A. None of the equipment here records times within a second.
Q. Okay. Within minutes? I mean, might there be some
variation of a few minutes?
A. Within the same day?
Q. Yes.
A. Not likely, no.
John Kane - Cross
Q. Not likely?
A. No.
Q. So is it your testimony, sir, that if we do see a list of
calls attributed to the -- a particular Spotlight card, we can
be confident that the time of day for each of those calls is
accurate according to your records?
A. You can be confident of the time within each piece of
equipment within the same day.
Q. All right.
A. For example, if the 3910 -- 3911 record has a specific time
on it, the times -- time differential between other 3911
records will be accurate, I would say, within 3 seconds. If
you're looking at an OPUS piece of equipment which had
different times set at different -- on the different computers,
those computers had a time difference, but they were also the
same within the same day. They may have been different from
each other, but of -- in and of themselves, they had the same
time.
Q. So that once we've adjusted for the time zone, when we look
at your records, we can be sure in the case of calls made the
same day by a particular card that the order of calls and their
relative time is accurate?
A. Should be, yes.
Q. Okay. Now, the next -- then with respect to the call about
which we've been speaking, your -- you can -- we can be
John Kane - Cross
confident that the pay phone in Junction City first made a call
to a telephone listed to the Nichols residence; correct?
A. Yes.
Q. And that that took place beginning at 9:51 or so?
A. That's --
Q. And how long did that call last?
A. 51 seconds.
Q. Now, can we also be confident that that next call
attributed to that pay phone in Junction City was to the Ryder
rental place?
A. Yes.
Q. That is to say, as you sit there today, sir, there's no
doubt in your mind of the order of those two calls; correct?
A. No, there isn't.
Q. And the only problem you have in your records is that
whoever made that second call didn't make it in a way that
caused a debit to be made to the Daryl Bridges card?
A. Well, they probably made it that way. We didn't keep track
of it that way.
Q. I understand. But the fact is that the Daryl Bridges card
wasn't debited for that?
A. That's correct.
Q. Okay. Whether the person -- I mean, I guess -- there's no
way for them to know that; right?
A. Hopefully not.
John Kane - Cross
Q. So the person who -- and in fact, as soon as you found out
it was happening, you fixed it?
A. Absolutely.
Q. Okay. Do you have any idea of the time as to how much
money you were losing with people making free phone calls?
A. No. We never tried to calculate that.
Q. Did you have a -- a business person's guess? I mean, have
you done comparisons of figures that could give you within some
degree of reliability --
A. We thought we were losing someplace between 10 and 20 calls
a day.
Q. Okay. Now, the next call, then, somebody -- somebody in
Junction City at that same pay phone is calling the Ryder
rental place. And how long did that call take?
A. The duration of that call was 7 minutes and 33 seconds.
Q. Okay. And if we wanted to compute that, can we do it from
these records at pages 44 and 45?
A. Sure.
Q. Well, I won't ask you to -- to do the arithmetic, but we
could do that ourselves if we wanted to verify; right?
A. Sure.
Q. And as you were asked on direct examination, there is no
way to know who was standing at that pay phone making those
calls; correct?
A. No, sir.
John Kane - Cross
Q. All right. You'd have to find somebody who was standing at
the pay phone or who could -- who saw somebody near it or
whatever; correct?
A. I would assume so.
Q. And similarly, there's no way to know what conversation
that person had with the Ryder truck rental place without
asking the people that were involved in the telephone call;
correct?
A. That would be accurate.
Q. I want to place before you -- it works -- this is what's
been received for demonstrative purposes as Government Exhibit
516; and at the top, it says -- and although the notebook cut
it out -- "Daryl Bridges Summary"; correct?
A. Yes.
Q. Now, these aren't all Daryl Bridges calls, are they?
A. No, they are not.
Q. Okay. So that this is -- well, what I -- what are these
numbers?
A. These are the overall numbers of records that were
associated with the Spotlight calling card activity.
Q. Okay. So that during the time you were looking from when
the card started in November up through April of 1995, these
are all the calls associated with all Spotlight calling card
customers; correct?
A. That's correct, sir.
John Kane - Cross
Q. All right. Now, how many calls are attributed to the
Spotlight calling card issued in the name of Daryl Bridges?
A. 680-some-odd. I don't know an exact number.
Q. All right. And do you know what percentage of those
represented calls to the Philippines?
A. I think there were somewhere around 30 or 40 calls.
Q. That's all you can remember? Now are we talking
completed -- when you say 600-and-some, are those completed
calls, or not completed, or does it include noncompletions?
A. That would include noncompletions, as well.
Q. And including noncompletions, do you have a recollection of
how many calls were made to the Philippines?
A. I really don't, no.
Q. Now, when we look at your records, sir, and we want to know
who made what call, will we see some calls that appear to
originate in Santa Barbara?
A. You probably will, yes.
Q. And does that mean that those calls actually originated in
Santa Barbara?
A. Yes.
Q. Okay. Now, what -- what I'm asking is, when somebody in
your company that you -- the customer service people actually
tried to complete a call for a customer --
A. Yes.
Q. -- where do your records then show the origination of the
John Kane - Cross
call to be? Do they show it where the customer called, or
where the service center is?
A. Where the service center is.
Q. So that it's possible that we could -- where was the
service center?
A. Well, Caretel was in San Diego.
Q. San Diego. Excuse me.
A. And there -- our customer service for daytime customer
service was in Santa Barbara, so you could have both.
Q. Could have both?
A. Yes, sir.
Q. So as we look at your records, we could see calls that show
an origination of Santa Barbara or San Diego but were, in fact,
made by people in other parts of the country; correct?
A. No. They were actually made from those locations.
Q. The customer whose card was being used was in another part
of the country; right?
A. Sure.
Q. Okay. And how do you know -- and we know where the
customer was because you kept track still of the originating
telephone; correct?
A. Yes.
Q. So that we could go to the area code and subscriber records
for that and we'd know the answer, correct --
A. I would assume so, yes.
John Kane - Cross
Q. -- as to where the -- Now, you mentioned that you had these
different switches in addition to the L.A. switch; is that
right?
A. Correct.
Q. Now, how many other switches did you have?
A. It changed over the course of time here, but we eventually
had as many as seven.
Q. During the period of time about which we're speaking, how
many did you have?
A. Well, we started with some number, and we would have had
seven by the time --
Q. By the end?
A. By the end.
Q. I see. So that when you say, "during this period of time,"
you mean the time from late '95 through early '95?
A. That's correct.
Q. And when we look at the telephone records to see who called
whom, what's the relevance of -- of it being routed through a
different switch? What differences will we see in the records?
A. You will see potentially different time points based on the
originating switch. And you will see different port numbers,
port-identifier numbers in some of the records. They still
contain the basic same information about the telephone number
and the times and the dates and whatnot.
Q. Still contains the basic information?
John Kane - Cross
A. Yes, sir.
Q. So as you sit there today, sir, with respect to the 600-
and-some calls that were made and charged to the Daryl Bridges
card, first, you're not sure that you've got all the calls that
were made by whoever was punching in the PIN number of that
card; is that right?
A. That's correct.
Q. Okay. That is to say there's some -- but subject to that
and based on your years of experience with this system and in
the telecommunications industry, you are confident that you
have accurately the time of the calls that were made, the phone
from which they were made, the phone to which the call was
directed, and the duration, if any, of the call?
A. Yes.
MR. GOELMAN: Objection, your Honor. Could I ask that
be broken up as to the particular data fields?
THE COURT: Well, the witness answered yes.
Is that your answer?
THE WITNESS: Yes.
BY MR. TIGAR:
Q. And when we see in the records a zero, that means a busy or
no answer; correct?
A. I'm not sure what record you're talking about.
Q. When we see in the record of the 600-and-some calls that
there's a call of no duration, that means that's one of those
John Kane - Cross
busy or no answers; right?
A. I'd have to know more information about which record you're
talking about. Some -- zeros in some records mean one thing
and in other records, they may mean something else.
Q. I'm talking about in the records that you furnished to the
Government.
A. Right.
Q. Were you able to tell the difference between calls that
were completed and calls that were not?
A. Oh, yes. I can tell that, but the question you asked
wouldn't allow me to answer it.
Q. An inartful question.
Is that -- and the reason that -- is a part of the
communication difficulty the fact that some phone companies
keep track of ring time and others do not?
A. Some of these records would keep track of ring time, as
well.
Q. But in the summary that you prepared, you were able, from
your records, to distinguish between calls where an elapsed
time was ring time and calls where they are completed; correct?
A. Yes.
Q. And that -- that was where I was getting. That is to say
that we can tell from your records whether or not the phone
rang for a while and wasn't answered for a certain period of
time, or whether, in fact, the call was completed.
John Kane - Cross
A. That would be accurate.
MR. TIGAR: All right. May I have a moment, your
Honor.
THE COURT: Yes.
MR. TIGAR: I have nothing further of the witness.
THE COURT: Any redirect?
MR. GOELMAN: Yes, your Honor. Very briefly.
THE COURT: All right. May we take down this exhibit
here that's on display?
MR. GOELMAN: Yes, your Honor.
THE COURT: All right.
MR. GOELMAN: Thank you, your Honor.
REDIRECT EXAMINATION
BY MR. GOELMAN:
Q. Mr. Tigar asked you about ring time and talk time, and you
said that the answer depends on which record. Do the three
different WCT records that you introduced keep track of time
differently?
A. Yes.
Q. And can you explain that.
A. Well, if you think about this as three different billing
systems, one being the 3911, one being the OPUS system, and one
being the 3910, they are essentially independent of each other,
although they are physically connected to each other. So if
there's an 800 call that begins at 7 a.m. and it goes on to be
John Kane - Redirect
connected to the OPUS system at, let's say, 7:01, just to try
to keep it simple, the record in the OPUS system is going to
begin at 7:01. And if the OPUS system then tries to make an
outbound call to the 3910 area, that call may begin at 7:02.
And if the call is completed and there's a duration of 2
minutes, that call in the 3910 record would end at 7:04,
although it only began at 7:02; so you'd have a two-minute
record in 3910.
You may then have a three-minute record in the OPUS
system, because it has different duration; and you may have a
four-minute record in the 3911 file because of the different
starting and ending points of each of the records.
Q. Okay. What about a call that was ring/no answer? It rang
for 30 seconds and no answer. What would the duration be in
the OPUS file of that call?
A. There would be a duration -- activity duration in the OPUS
system, but there would be no charge for the call, which would
indicate that it was either busy or ring/no answer.
Q. And what about the WCT? What would the WCT -- the 3911
record as the duration?
A. 3911 would record the duration from the time that the OPUS
system answered the call to the time that the OPUS system
disconnected the call. So it would be a completed call,
because as far as the OP -- the WCT system was concerned, OPUS
was the customer and a billable event took place, even though
John Kane - Redirect
the OPUS customer never completed the transaction.
Q. Mr. Kane, Mr. Tigar asked you about some calls made to the
Philippines on the Daryl Bridges calling card. Are you aware
of any reason that a debit-card customer might have had
difficulty in calling other countries, including the
Philippines, back in 1993 to 1995?
A. There are essentially two reasons to have difficulty
calling international numbers. One is that the dialing plan
for international numbers is significantly different, contains
more digits, and people in the United States are typically not
used to making international telephone calls; so sometimes,
they don't know the dialing sequence that they are supposed to
use.
The second reason that you may have difficulty is in
the United States, we're kind of spoiled with being able to
pick up the phone, dial a number, and almost instantly hear the
other end ring. When you start to make a call from the United
States to other parts of the world, that short duration of time
is somewhat elongated and in some cases can run quite lengthily
(sic). So a customer may be sitting there listening to a dead
telephone set, not knowing that the call is still going
through. They may hang up and they may try to redial. And on
top of that, the system had a timeout parameter in it, which if
a call in its mind was ringing for 60 seconds or more, it would
disconnect the call so as not to run up our 800 bill for our
John Kane - Redirect
cost side of the equation. So you could actually dial the
phone, not hear anything for a minute, and then be
disconnected, thinking -- and then redial again to try to
complete your call.
Q. Mr. -- you told Mr. Tigar that you had a customer service
center in Santa Barbara and also, Caretel was located in San
Diego?
A. That's correct.
Q. If the customer having problems making a phone call would
call Liberty Lobby and Liberty Lobby itself would duplicate the
activity, would the records reflect the call coming out of
Washington, D.C., in that case?
A. They would in that case, yes.
Q. Mr. Tigar also asked you about the different clocks
involved. The 3911, 3910: Were they run on different clocks?
A. No. They are -- they would be on the same clock.
Q. So when you talk about the 27-second period of time between
the call to Mr. Nichols' house and the call to Ryder on
April 14, 1995, is that 27 seconds calculated by one single
clock?
A. Yes, it is.
MR. GOELMAN: Nothing further, your Honor.
THE COURT: Mr. Tigar.
MR. TIGAR: No further questions, your Honor.
THE COURT: All right. Is the witness now to be
excused?
MR. GOELMAN: Yes, your Honor.
MR. TIGAR: Yes, your Honor.
THE COURT: All right. Mr. Kane, you're excused.
We'll take a recess before calling for the next
witness.
And members of the jury, I can tell you that you will
not be tested on your comprehension of the testimony that has
been explained here. One of the things that goes on in a trial
process is that we have certain witnesses who come in and
provide foundation for information that may come through other
witnesses. And so you have to build a kind of foundation for
the admissibility of some evidence, and I think that, in part,
is what we heard about here. Of course, we also heard about
the operations of a system and a system of records created by
it, which will be of some, perhaps, significance through other
witnesses. But at times, I realize that some of this
foundation-building can be a bit bewildering.
We're going to recess now; and as usual, of course, in
all of our recesses, please keep open minds, avoid discussion
of the case among yourselves and with all other persons, and
avoid anything outside of the evidence that could influence you
in the decisions to be made.
You're excused now. 20 minutes.
(Jury out at 10:20 a.m.)
THE COURT: Do you have some agreement about
subscriber numbers in the case?
MR. MACKEY: Yes, your Honor. The next witness is
Mr. Dexter; and there are a series of business records that
he'll rely upon in putting all of this together, including
Exhibits 520 and 521 that the court recalls are multi-volume --
THE COURT: Well, we won't be calling all the local
phone numbers (sic).
MR. TIGAR: Your Honor, we've stipulated out 27
witnesses, your Honor; and so if -- if you missed their
presence, we -- we regret it, but that's what we did.
MR. MACKEY: We do.
THE COURT: All right. Very good. Thank you.
We'll be in recess, 20 minutes.
(Recess at 10:21 a.m.)
(Reconvened at 10:40 a.m.)
THE COURT: Be seated, please.
Ready?
(Jury in at 10:41 a.m.)
THE COURT: Next witness, please.
MR. MACKEY: We would call Fred Dexter.
THE COURT: Very well.
THE COURTROOM DEPUTY: Would you raise your right
hand, please.
(Frederick Dexter affirmed.)
THE COURTROOM DEPUTY: Would you have a seat, please.
Would you state your full name for the record and
spell your last name.
THE WITNESS: My name is Frederick Raymond Dexter,
D-E-X-T-E-R.
THE COURTROOM DEPUTY: Thank you.
THE COURT: Mr. Mackey.
MR. MACKEY: Thank you, your Honor.
DIRECT EXAMINATION
BY MR. MACKEY:
Q. Mr. Dexter, did it fall to you to take computer records
from West Coast Telephone and other sources and prepare a
user-friendly summary of the Daryl Bridges calling card?
A. Yes, it did.
Q. Are you prepared today to describe to this jury what you
did in the course of making that summary and to produce that
summary to them?
A. Yes, I did (sic).
Q. Would it be safe to say it's detail work?
A. Yes, it is. It was.
Q. If at any point, Mr. Dexter, a great joke occurs to you,
ask permission from his Honor. Maybe we can break the . . .
Tell the jury a little bit about yourself, sir. Where
do you live?
A. I live in Alexandria, Virginia, right now.
Frederick Dexter - Direct
Q. And how long there?
A. I've lived there for about 24 years.
Q. Where do you work?
A. I work for the FBI.
Q. And how long have you worked for the FBI?
A. For 24 years.
Q. What's your educational background?
A. I attended Elizabethtown College in the late 60's, early
70's.
Q. And what was your major? What was your major in?
A. I majored in mathematics.
Q. Did you go straight to the FBI upon graduating from
college?
A. No. I stayed in the Elizabethtown area and worked in the
security and safety area for the college.
Q. Could you give an overview to the members of the jury your
experience, work history with the FBI during the past 24 years?
A. I came to the FBI in 1973. I was assigned to be a
programmer, computer programmer for them, which I did till
around 1978. Then I was promoted to be a computer-systems
analyst over a number of programmers. That was until about
1982, sort of like a team-leader-type thing.
In '82, I was again promoted to be a project manager
over numerous projects, all still in the computer field,
computer-related, and had systems analysts and programmers
Frederick Dexter - Direct
working for me. I changed to another project as a project
manager, more advanced data processing, in 1986; and then in
1991, I was promoted to be the unit chief of the Investigative
Intelligence Support Unit, which has 25 computer specialists
that do all kind of data processing within the FBI.
Q. And is that the current position you now hold?
A. Yes, it is.
Q. And approximately how many employees do you supervise
again?
A. 25.
Q. Are you a special agent of the FBI?
A. No, I'm not.
Q. How does your job differ from those who are?
A. My task is to support divisions at headquarters, either the
Intelligence Division or the Criminal Investigative Division
and all of our 56 field offices when they need automation
support for investigations that are going on in the field.
Mainly we get involved when there is major investigations, not
your daily -- we have people in the field offices that handle
that. We only deal with the major investigations.
Q. If a criminal investigation gathers large volumes of
records of any nature, including telephone records, is that the
kind of task that you assist?
A. Yes, it is. I've done that for -- ever since I started in
'73. That is one of the tasks that was assigned to the unit
Frederick Dexter - Direct
that I'm in is to handle large volumes of data.
Q. And did you personally take on the assignment of reviewing
voluminous records from Spotlight to create a Daryl Bridges
summary?
A. Yes. The -- I took on the records from WCT to create the
summary.
Q. Could you tell the jury what your basic objectives were,
what information did you want to derive from those records in
creating your summary.
A. The objective was to take all the data from WCT and any
other sources that had been subpoenaed in support of the
debit-card records and put together an easy-to-read summary
that was accurate and that was verified to the nth degree.
Q. What fundamental information would be captured in your
summary when you were done?
A. For each call that was made -- excuse me -- we would
capture the date of the call, the time of the call, the
duration of the call, the "from" information associated with a
call and the "to" information associated with that call, also.
Q. When you use "from" -- we'll use that many times, I
imagine -- you're talking about the number of the originating
call?
A. Yes.
Q. And the "to" being received?
A. That is correct.
Frederick Dexter - Direct
Q. Was it ever part of your project, Mr. Dexter, to
investigate or determine who by identity was a participant in
any of the phone calls?
A. No, it was not.
Q. Approximately when did you start your project?
A. I was assigned this task the end of May, 1995, and actually
started it after meeting with the people at WCT on the 2d of
June.
Q. Do you know John Kane?
A. Yes, I do.
Q. And when did you first meet him?
A. I met him on June 2 in California.
Q. And what was the purpose for your trip to California in
June of 1995?
A. I had been in Oklahoma City since -- on and off from
April 25 until the end of May; and I was out there to oversee
automation that was needed, not just telephone data but if we
were subpoenaing records that we wanted in electronic form such
as Ryder records or airplane records or whatever was needed.
And so there was also telephone records not just from WCT but
major other telephone records being subpoenaed. I was there to
give advice.
So during that time period, we were receiving
information from WCT, hard copy, faxes, etc.; but to make sure
that we were getting the product through conversations the Task
Frederick Dexter - Direct
Force had with Mr. Kane, we learned that all this data was
electronic. And I was assigned to meet with him, learn about
the electronic data, and then put it together in a summary.
Q. Was it important to your work to know the ins and outs of
the WCT system, how it kept their records?
A. Absolutely.
Q. Did you come to be familiar by meeting firsthand with
Mr. Kane in June of 1995?
A. Absolutely.
Q. Did you have occasion to speak to him and other business
representatives about details of the record-keeping?
A. Yes.
Q. And to apply that knowledge in creating the summary you've
described?
A. Yes.
Q. Let's turn now to some exhibits previously admitted into
evidence, Mr. Dexter. Should be a series of computer disks.
Just for the record, can you identify what they are and tell us
how you used them, if you did, in your project?
A. This exhibit marked 509 is the records that came from WCT
that we'll refer to as the 3911 file. We received those from
them.
Q. Did you rely upon those records specifically in creating
your summary?
A. Yes, we did.
Frederick Dexter - Direct
Q. Go ahead.
A. The next set of disks is Exhibit No. 511. This is the Opus
records, refer to them sometimes as the 399 file. Those two
words are interchangeable; and we based -- we used those
extensively also in creating the summary.
Q. Next series of exhibits, 513 and '14, please.
A. Exhibit 513 is from the 3910 file, also provided by WCT to
us, and we used those extensively.
The last one, Exhibit 514, is a record from the 3910
file that was not made available on the first time that they
provided us the disks, so they gave us this disk at a later
time; but it's from the 3910 file.
Q. Mr. Dexter, this jury has heard the testimony of Mr. Kane
and seen a schematic that depicts the source of each of those
computer records. Are you familiar with that schematic?
A. Yes, I am.
Q. And how exactly do those exhibits relate to the
record-keeping at WCT?
A. As information passes, phone calls come in, etc., on its
way through the routing, through the switches, the debit, back
through the switches, etc., records are kept at each step along
the way. And these are the records that are kept from each one
of those steps.
Q. Mr. Dexter, let's start, then, with your first step and
analyzing the information on those disks. The jury saw
Frederick Dexter - Direct
previously a schematic that represented the total number of
records, the number of phone-call activities on each of those
files. Are you familiar with that?
A. Yes, I am.
Q. What was the first step you took to narrow your search?
A. In the OPUS file, each record has an account number of who
placed or whose account that that call was charged to, so the
first thing we did was go into the OPUS file and pull out all
of the records that were associated with one particular
account.
Q. And what account was that, please.
A. It was the Daryl Bridges account.
Q. And how did that change the amount of information you were
beginning to evaluate?
A. The OPUS file -- it's over 100,000 records were in that
file. I can't remember exactly, but it was over 100,000. That
reduced the records that we had to deal with, that
100,000-plus, down to 687 records for that file; and that was
the basis, then, of the beginning of our work.
Q. And is that information reflected in Government's Exhibit
535, the schematic that shows the number of Bridges calls?
A. Yes.
MR. MACKEY: I move for demonstrative purposes only
Government's Exhibit 535.
MR. TIGAR: No objection, your Honor.
Frederick Dexter - Direct
THE COURT: 535 is received for demonstrative
purposes.
MR. MACKEY: We need the computer. I'm sorry.
THE COURTROOM DEPUTY: It's on.
BY MR. MACKEY:
Q. Mr. Dexter, focusing on the information in the bottom
block -- that is, the block marked "OPUS" -- is that the
starting point then for your analysis?
A. Yes, it is.
Q. And tell us again what the 687 represents.
A. There were 687 records in the OPUS file that carried the
Daryl Bridges account number in each one of those records.
Q. Now, I want to try to minimize as much, Mr. Dexter,
duplication of testimony; but tell the jury based on your
examination of these files what kind of information could be
found in the OPUS records.
A. In the OPUS record, the information that we found was the
date of the call, the time of the call, the duration of the
call, the number that was called, the terminating number or the
"to" number. Of course, there was the account number there.
There was also routing information to tell how that had passed
through their system.
I can't remember any other right off the top --
Q. Did you mention sequence number?
A. There was a sequence number.
Frederick Dexter - Direct
Q. Tell the jury, please, what that meant to you.
A. The sequence number in the OPUS record was a sequential
number assigned to each call that was made by a Spotlight
customer, so the -- the order of which calls were completed is
the order of which the sequence numbers were assigned. It was
not assigned at the beginning of the call. It was assigned at
the end of the call.
Q. And was the sequence number a field of information that you
could rely upon as you matched information from three sets of
files? Did it assist you any way?
A. No, it did not.
Q. And why not?
A. Because that sequence number was only in this file. The
account number was only in this file, so there was not a
corresponding sequence number in the 3911 or the 3910 file.
Q. You mentioned that the OPUS file has a duration field or
information about duration. What would the OPUS file tell you
about a phone call that had not been completed; processed
through, rung on the other end, but simply not answered?
A. When you reviewed, or I reviewed -- anybody reviewed -- the
OPUS record, there would be a duration in there; and standing
alone by itself, you could not tell whether that call was
answered or not answered because the records that we received
from the OPUS files -- that duration could either be talk time,
if it was answered, or it would be ring time, if it was not
Frederick Dexter - Direct
answered. But strictly looking at the duration field, there
was no way of telling which of those two it was.
Q. You would then look to or rely upon information from other
records?
A. That's correct.
Q. You told us that the "from" number -- that is, the number
that originated the phone call -- was not information that was
in the OPUS box. Is that right?
A. That's correct.
Q. Where did you turn first to find that?
A. The only file that had the originating information in it
was the 3911 file.
Q. And did it fall in simplistic fashion to you to match
information in the OPUS files with information in the 3911
file?
A. It wasn't -- it wasn't major difficulty, but it's not a
one-to-one-type thing where you could go over and just say
print out this record or select that record. It was more
detailed than that.
Q. The jury heard information this morning about ports through
which these electronic messages were sent. Are you familiar
with the ports utilized by WCT?
A. Yes, I am.
Q. And describe what you understand their role to be.
A. When a phone call was received at WCT, the first thing it
Frederick Dexter - Direct
would do is be -- it would come into the switch in California.
At that time, it would -- the call would be assigned to a
particular port in the switch on the receiving side of the
switch, the 3911 side of the switch.
The port that was assigned to that side of the switch
was the port that had been least -- what's the word I want
here? Had been inactive the longest, if you will; so it was
the most idle, I believe is the term that WCT used. It would
pick the most idle port to send that call through.
So you would then -- it would assign it to that port.
As soon as it assigned to that port, then there was a
corresponding port that it would follow through down to the
OPUS record and also a corresponding port that it would follow
up to the 3910 record. And that was a constant trail or
routing through their system.
Q. And was that trail reduced to paper in Government's Exhibit
501?
A. Yes, it was.
Q. Is that the port matrix?
A. Yes, it is.
Q. And did you rely upon that in doing your matching in this
particular project?
A. Yes, we did.
Q. Mr. Dexter, tell us how it was that you undertook to
identify the accurate time that a phone call started.
Frederick Dexter - Direct
A. Through the discussions with Mr. Kane and his employees, we
found out that there were many computers in the debit-card
system. There were four computers, processors, and a server.
In the switch there was a computer that kept track of time.
There was, of course, at the local phone companies on
the end -- they kept track of time, also.
He told us -- and we verified through all kinds of
programs that we wrote, etc. -- that there was always a
discrepancy between the time on the OPUS ports and the switch.
Usually, the time was a minute off, a few minutes off; but a
couple of times during the year when they would switch to
Daylight Savings, someone would change the time in the switch
but then it would be a few days before they changed it in the
processors.
So the time may be around an hour off for some of
those.
Q. How did you solve that problem?
A. Since we knew that every call had to go through the L.A.
switch, what we decided to do, based on discussions again with
Mr. Kane, is we would use the time in the L.A. switch; and
therefore, we would have a constant or a standard that every
call would be measured against.
Q. And what precisely did you rely upon?
A. The L.A. switch actually kept track of time not in a
wall-clock-type thing, but the manufacturer chose to keep track
Frederick Dexter - Direct
of time in what they refer to as ticks. A tick is equal to
three seconds; so the beginning of the time that the switch
kept track of it, every 3 seconds, it would add 1 to a counter,
and that's how it kept track of time.
It would also do the same thing for the ending time;
so the accurate time that it kept, the begin time and end time
for every call that went through that switch, was recorded in
what they refer to as tick time.
Q. So you ignored the clock and relied upon this field of
information known as tick time?
A. That's correct.
Q. Did you then convert tick time into something you and I
would understand?
A. Yes. We --
Q. How did you do that?
A. To convert tick time to wall-clock -- and that particular
time, by the way, also was set back to zero at midnight. So
the number of ticks that you would have was the number of ticks
past midnight.
So to find out how many hours, minutes, and seconds
you were past midnight -- it was written into the programs, one
particular program we wrote to convert all of the tick times,
and then it was used by other programs.
But what you basically did was you would take however
many ticks were recorded in each record, you'd multiply that by
Frederick Dexter - Direct
three, and that would give you how many seconds it was past
midnight. Then within the algorithm, you take how many ever
(sic) seconds it is past midnight and you divide by 3600.
There is 3600 seconds in an hour. So once you've divided by
3600, you know how many hours it is past midnight. Whatever
the remainder is, that's how many seconds that's also -- how
many hours -- I'm sorry -- how many minutes it is more than
that hour passed.
So you would take however many seconds were in the
remainder and divide by 60 and you'd get how many minutes there
were, and whatever remainder then was how many seconds; and
that way, you could take whatever tick time there was in a
record and convert it to wall-clock so that anybody could
understand what time of day it was.
Q. And you used that same conversion formula for each and
every one of the times you calculated for the 600-some-odd
calls?
A. That's correct.
Q. And I take it you didn't rely solely on your math
background to do that conversion?
A. No, we let the computer do that.
Q. Let's turn now and tell the jury in more fundamental
foundation all the pieces that you relied upon from the WCT
records in creating this summary. And let me ask you if you
prepared an exhibit that would depict what it is you took from
Frederick Dexter - Direct
each file to create your summary?
A. Yes, it is (sic).
Q. And is that Government's Exhibit 518?
A. Yes, it is.
MR. MACKEY: I would move to admit for demonstrative
purposes Government's Exhibit 518.
MR. TIGAR: No objection, your Honor.
THE COURT: All right. 518 is received for
demonstrative purposes.
MR. MACKEY: Computer please. Thanks.
Would you show the jury, please.
BY MR. MACKEY:
Q. If you can begin with this diagram, Mr. Dexter. Walk us
through what you were relying upon.
A. We always started with an OPUS record, and we would rely
above the box that says "OPUS" on it -- we would rely on the
port. That is the first thing you do in the matching.
Q. Mr. Dexter, let me interrupt. There is a pen up there; and
if you want to reach down on your screen, you could guide us
even more specifically.
A. I'll see if I can make this work here.
On this file here, there is a port; and that port is
one of the things that we would start with.
In the matching process, the three things that you
would use to start with is the port, the date -- let me move
Frederick Dexter - Direct
that over there a little -- I'll make sure I get rid of the
mark here.
THE COURT: I think you click it.
THE WITNESS: Okay. Thank you.
The date, and then also the begin time. Those are the
three fields that you would use to start the matching process.
You would then take those three fields and go up and
compare them to -- to the 3911 file record, right there. 3911.
And in that, there is a sister port that is a one-to-one
correspondence from the port in the OPUS file up to the port in
the 3911. Then you would also compare to make sure that the
date matched exactly and that the begin time -- in the 3911
file also matched the begin time down in the OPUS file, or was
close, because as information came into the switch, if, in
fact, all the clocks had been synchronized, the begin time in
the 3911 would be a little bit before what it would be down in
the OPUS file because just the order of which the records were
recorded.
Then, in fact, once you have a match that you've taken
an OPUS record and matched it with a 3911 record to find out
whether that call was answered or not, you would match it with
information over here in the 3910 file.
And the match there, of course, there is a port in
there that's a continuation port. The date would have to match
in the 3910 file. The begin time also would be very close; but
Frederick Dexter - Direct
there was a couple things that locked the 3910 record in
absolutely.
The "to" number in the 3910 file right here and the
"to" number down in the OPUS file right here -- they had to
match exactly. And in addition, the end time in the 3910 file
here matched, since it was the same clock that was used in the
3911, as the same clock in the 3910.
Then the end time in the 3911 file always matched the
end time in the 3910 file. So you had things that were related
back and forth against the three files to guarantee that the
three records that you selected were, in fact, all associated
with the same call.
BY MR. MACKEY:
Q. You're looking for those pieces that match from those three
sets of records?
A. That is correct.
Q. For concluding that it is a particular call?
A. Right.
Q. We learned this morning, Mr. Dexter, that the WCT switch
was in Los Angeles. Did you understand that there were
switches throughout the country that also carried Spotlight
calls?
A. Yes, I was (sic).
Q. What difference did that make to you in your project?
A. The -- ultimately, every call ended at the Los Angeles
Frederick Dexter - Direct
switch no matter where the call originated in the United
States. But based on coverage that WCT had around the country,
sometimes it was beneficial to the company to route a call to
another switch first that then was routed to Los Angeles. And
that was based on totally efficiency and monetary support for
the company. It wasn't necessarily that the call was closer to
that area or whatever. It was just -- excuse me -- coverage
that they had in that part.
Q. In your research, did you determine how many calls
originated in Los Angeles and how many calls originated from
some other switch outside of Los Angeles?
A. Yes. Calls that went to the Los Angeles switch first --
Out of 604 calls that were in the summary that we produced from
September 14 forward, there was about 500 of those that went to
the L.A. switch first; so there was 105 or 104 that went to a
switch other than Los Angeles as their origination into the
system.
Q. And did you use one system of matching or one methodology
for calls that started in Los Angeles and a different one for
those that routed secondarily through L.A.?
A. Yes, we did.
Q. Let's start with the calls that originate from Los Angeles.
Did you assist in preparing Government's Exhibit 536 that would
depict the process you used in matching L.A. calls?
A. Yes, I did.
Frederick Dexter - Direct
MR. MACKEY: Your Honor, we move to admit 536 for
demonstrative purposes.
MR. TIGAR: No objection, your Honor.
THE COURT: All right. Received and may be used for
that purpose.
BY MR. MACKEY:
Q. Give us an overview first, Mr. Dexter, about what we're
looking at in this exhibit.
A. This is the process. If we look at above the line to start
with, this shows us that for any call that went to the L.A.
switch first, the three fields in the OPUS record that we
needed to match the fields in the 3911 record is the port, the
date, and the begin time. And then we would match them with
the port, the begin time and the date in the 3911 file.
Once we had found the corresponding 3911 record, then
you'd go down below the line where it says Step 2, and you
would have that record set one record from the 3911, one from
the OPUS, and you would look for a record over in the 3910, the
blue box on the right-hand side. And what you're looking for
over there would be the port that is in the sequence with the
port, the first two boxes. You would look for a record that
was the same date. You would look for a record in the 3910
that had the same end time as a record in the 3911 file, and
you would look for a record that had the same "to" number in
the 3910 as the "to" number in the OPUS record.
Frederick Dexter - Direct
Q. And did you use the same methodology for all of 500-plus
calls that you found that started in L.A.?
A. That's correct.
Q. Mr. Dexter, the ultimate aim of your project was to
re-create a user-friendly summary that would allow us to know
the date of a call, the time of the call, the duration, and the
"from" and "to." Is that correct?
A. That's correct.
Q. Did you prepare an exhibit that would show us where from
each of the three sets of records you got those five fields of
information?
A. Yes, I did.
Q. And is that set forth in Exhibit 537?
A. Yes, it is.
MR. MACKEY: Your Honor, we'd move for demonstrative
purposes Exhibit 537.
MR. TIGAR: No objection, your Honor.
THE COURT: Received. May be so used.
BY MR. MACKEY:
Q. Tell us what is depicted on the top of this chart.
A. The top of chart is the format that we created the printout
to look like that so it would be user-friendly. As for each
date as it changed, etc., you would get something -- whatever
the current -- whatever the date of the call was would be in
the box at the middle.
Frederick Dexter - Direct
Over on the left-hand side where you see a number
side, below that in the chart, you would end up seeing a
sequential number. And that sequential number is the numbers 1
through 600-plus. It's the order of which the calls were ended
that were associated with the Daryl Bridges account.
Then we would also on there put the start time, the
length of the call, the "called from" subscriber information
including the number, the "call to," and the subscriber
including the number.
Down below that, you'll see we differentiated between
the yellow or tan and the white boxes.
To move the information, a white box indicates that
that came from the OPUS record; so the date, the lengths, and
the "call to" were taken from the OPUS record and moved up into
the summary.
The date actually was the same in all three files.
It's just that we encountered it first in the OPUS record, so
we took it from there.
The start time came from the WCT 3911 source, and
that's because we standardized to use the time out of the
switch, since every call had to go through that switch.
Then the length we took from the OPUS record. And in
the summary at the top when you -- when a call is moved up
through the electronic file and later printed, length of call
in the summary will either be a numeric number or zero. If
Frederick Dexter - Direct
it's a numeric number, then it ends up being the talk time. If
there was not a corresponding 3910 record, which means the call
was not answered -- if there was not that 3910 record, then we
moved a zero into there so that everybody would understand that
that call was not answered if there was a zero there.
The "call from" came from the 3911 record, and the
"call to" came from the OPUS record.
Q. In the "start time" block in the Bridges summary, that bar
across the top, how did you account for the different time
zones that calls might originate from?
A. We did two things. The start time by way of practice is
associated in the middle column underneath the "called from"
with the time it was where the call was placed. But so that
the summary is standardized to one time zone over in the
left-hand side, we standardized it to Central Time, either
standard daylight time -- either Standard or Daylight Time, so
that all the calls would be in sequence from the time that they
started no matter what time zone they initiated in.
Q. Now, did you also assist in preparing Government's Exhibit
540 that would show in another format the matching process
you've described?
A. Yes.
MR. MACKEY: Would move to admit 540 for demonstrative
purposes, your Honor.
MR. TIGAR: May I inquire, your Honor?
Frederick Dexter - Direct
THE COURT: Yes, you may.
VOIR DIRE EXAMINATION
BY MR. TIGAR:
Q. Hello, Mr. Dexter.
A. Hello.
Q. My name is Michael Tigar. I'm one of the lawyers helping
Terry Nichols.
On this 540, there are some local numbers. Is that
right?
A. Some numbers -- from the local --
Q. Telephone numbers. Local telephone numbers?
A. Right.
Q. Now, in compiling that, did you also look at local
telephone records?
A. After the summary had been created, yes, we did.
Q. So that when you actually made the summary, you then had
access to the whole telephone company subscriber records for
those numbers; is that right?
A. No, I did not.
Q. Pardon?
A. I did not. The subscriber information when I was doing the
matching process.
Q. But I'm talking when you prepared your summary eventually,
you did have it; right?
A. That's correct.
Frederick Dexter - Voir Dire
Q. And that was from some 27 local phone companies?
A. Approximately, yes.
MR. TIGAR: No objection, your Honor.
THE COURT: All right. 540 may be displayed.
DIRECT EXAMINATION CONTINUED
BY MR. MACKEY:
Q. All right, Mr. Dexter, at the top of Exhibit 540, we see a
filled-in portion of your Bridges summary; is that correct?
A. That is correct.
Q. Was that for a call that you found took place on
October 17, 1994?
A. That's correct.
Q. And you have information filled in, and then there is a
series of circles. Do those show the jury where you're getting
what information to put into the summary?
A. That's correct.
Q. Walk through that for us, please.
A. Okay. The top left where it says "start time" and it has a
green circle around that, if you look down in the 3911 file,
you will see the "begin time" is also circled there in green.
The time in the 3911 file, I need to point out, that
since this switch was in California, they recorded all of their
times in Pacific Time. It was either Daylight Time or Standard
Time, but it was Pacific Time.
Q. And that's what the PDT stands for?
Frederick Dexter - Direct
A. That's correct. That time, when you standardize it or
normalize it to Central Time, 18:58:39 is represented in
Central Time as 8:58:39, so that's just a matter of showing
what time it was in Central Time.
The blue circle under "length" is the time at the
bottom of the OPUS file. That's a straight move. The duration
of that, the 641, is moved up to the "length" field.
The "from" number -- under the "from number" column
subscriber that is circled in red, once the record is matched,
then in fact the red -- the 913258 number is moved up to that
portion of the summary.
You'll also see the green is there. Since this call
originated in Herington, Kansas, it was Central Time where the
call was originated, so the 8:58:39 in this case is identical
to what you see the 8:58:39 over in the start time.
Over on the right-hand side at the top, you'll see the
yellow circle around there, and that was moved once the
matching process was done from the 39 -- actually, it came from
the OPUS record down at the bottom, the (702) 897-6290. In the
OPUS file there is a "1" before it because that's what the
person had to dial, "1" that was in that sequence that they had
to dial the number. And it was verified that this is the same
record, so you also had the "to" number up in the 3910 file
that came from that "to" number.
Q. And the boxes marked "called from subscriber" and "call to
Frederick Dexter - Direct
subscriber," where did you get the information that you
ultimately made part of your summary?
A. The subscriber information: Once these phone numbers were
identified that they were part of the summary, then the Task
Force went through the normal process of issuing subpoenas to
whatever phone company that phone number was associated with
and received back from the phone company the information that
they had on the -- who was the subscriber to that particular
phone number for that particular date.
Q. And again for purposes of understanding your summary, it's
not your intent that the jury think that Lana Padilla, for
example, personally answered the phone call that you've listed
here in this example?
A. No. This just indicates that she was the subscriber to
that phone.
Q. On that date?
A. On that date.
Q. Now, looking at the white box, the OPUS box, and see Port
1405, as I understand your testimony, your next step would be
to find the sister port. Is that right?
A. That is correct. And I jumped ahead there by telling you
that we moved data up to the top of the screen. We actually
had to show this match and show how it was done.
The first thing we had was Port 1405 in this record.
That's the initial go. And we knew that this OPUS record was
Frederick Dexter - Direct
part of the Daryl Bridges account because The Spotlight account
number is the first thing that you see in that box.
We then go to the matrix -- this is all done in the
computer -- to find out what the sister port is, the
corresponding port that we should be looking for in the 3911
file. And we find that the port that we should be looking for
is 11284. So that is the first step is that you go over and
you look for on that date 10-17-94 -- you look for the records
that in the 3911 file that had the Port No. 11284 stored in
that record in the 3911.
Q. And based upon your experience and this particular project,
how many other phone calls would you find having gone through
that sister port on the same day in question?
A. Basically, the number I'm going to give you is an average.
It fluctuated from that. The 18 months' worth of data that we
had in the 3911 file based on that 100,000-plus -- and it was
15 months' worth of data that we had and the number of ports
that they had that supported all of their debit-cards
customers, because all of their debit cards went through these
same ports for The Spotlight account -- it would average
between two and four calls a day would go through that
particular port for any of the given ports. Two to four calls.
Some days it would be five and six, and some days they would
only use that port one or two times. There was no exact
number; but since it used the most idle, the ports were used
Frederick Dexter - Direct
the same number of times each day.
Q. And how did that number, two or four corresponding calls,
affect or impact the risk of mismatching information between
two sets of records?
A. Well, because they used the theory of most idle, when you
found that that port -- we found maybe four records or five
records that used that port, they were normally hours apart.
They would be three hours', five hours', twelve hours'
difference than what the time was in the OPUS record. So it
made it very easy to in fact select the one that matched the
corresponding begin times, the ones that were very close.
Q. Let's turn now back to the non-L.A. calls, the 100-plus
calls that started from some city other than L.A. Did you
prepare an exhibit that would show what you did when you faced
that situation?
A. Yes, I did.
Q. Is that Government's Exhibit 541?
A. Yes, it is.
MR. MACKEY: Let me start by asking the Court's
permission to display this for demonstrative purposes.
THE COURT: Agreed?
MR. TIGAR: No objection, your Honor.
THE COURT: All right. 541 may be so used.
BY MR. MACKEY:
Q. Mr. Dexter, how is this chart different than an earlier
Frederick Dexter - Direct
version, more simple version that the jury has seen?
A. -- really, the only difference here is that when a call is
made -- and we'll use No. 1 up in the left-hand corner as to a
phone that a call came into a local phone company and the
person had dialed an 800 number -- it could be any 800 number,
but for our purposes here, we'll use The Spotlight 800
number -- that number or that information from that local phone
company is sent off to NASC, the Number Administration and
Service Center, for routing. And based on the local phone
company identifier that went to NASC, the NASC would then send
information back to the local phone company and say this is the
next place where you route that information. And the box
between No. 4 and 5 on this diagram now is defining that for
that particular call, the information was sent to a non-L.A.
switch first and then sent on to the L.A. switch.
Q. By way of example, if I'm standing in western New York and
dia