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richardgambino
 Posts: 7 |
 Fri Jan 12, 2007 7:42 am |
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It seems that Cingular is reluctant to service requests (even through subpoena) to provide cell tower location records for calls made. Would you know of anyone who may have information about storage of that information and duration they keep it ? this information in this case could free an innocent man from prison.
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 bcagle3
 Posts: 137
Phone Model: Sam 629
Service Provider: T- mobile |
 Fri Jan 12, 2007 11:13 pm |
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if a court orders it they will give it stop bs-ing us
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richardgambino
 Posts: 7 |
 Sat Jan 13, 2007 7:09 am |
The Subpeona to provide records requested was served 6months after the date of the criminal act the accused was convicted of. Cingular stated in their response that they only store those records for a short period of time and could not provide them.
This seems to be out of sorts with the practices of most companies as there is a requirement to store records of deduction or inclusion for tax purposes. To discharge these records and not make them available in a audit setting seems unlikely. We felt there may have been some lack of effort on their part to respond.
There may also be the situation that the nearest cell tower was owned by an independent provider and thus charged Cingular for the transmission inwhich Cingular would be required to store the information of Payout as a deduction in their tax records (itemized ledger) and possibly could provide the tower owners information for reclaiming that information we seek.
Then of course the simpleton mentality of your response leads me to believe I may be in the wrong forum in seeking information of a technical nature. I simply requested the response of a Cingular employee and if you are one then I understand their lack of effort. Because a subpeona is served does not mean everyone runs to answer and that is BS.
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neek
 Posts: 117
Phone Model: LG VX-8300
Service Provider: Verizon |
 Mon Jan 15, 2007 4:14 pm |
You're going to get a crappy response from people if you do nothing but belittle them when they do respond--and you should know, the attitudes of forum posters are the attitudes of people not held by corporate interest. In other words, just because bcagle3 did not answer your question does not gtive you the right to be such a high-and-mighty dick.
Now, to answer your question:
Cingular Wireless only holds call records with details such as towers used and the routing path for 90 days (3 billing cycle) from the most recent billing statement (that is, not including unbilled calls). The FCC requires that towers have 60 days to report ANY usage when a customer of one wireless company uses the tower of another wireless company. That's about 30 days less than how long Cingular Wireless will hold those records.
So, what does that mean?
Cingular Wireless does not have the information that the subpoena is requesting; the information's great if you have a 911 call, but not great if you're doing in-depth research in a criminal trial long after the event has happened. Furthermore, if the tower is not Cingular-owned, then you could feasibly subpoena that information provided that a). the wireless company who owns that tower keeps records that long themselves, and most importantly, b). that you know with 100% certainty the call went through that very specific tower they're querying.
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richardgambino
 Posts: 7 |
 Mon Jan 15, 2007 7:03 pm |
"In other words, just because bcagle3 did not answer your question does not gtive you the right to be such a high-and-mighty dick. "
So You my friend are saying to suck it up and take a response such as "stop bs-ing us" when a good faith effort is made to address the situation in a civil manner (even through subpoena) as I informed all readers. That my friend required me to further address his response and perhaps be dragged to his level in the end to let him know on his level that he is what you are talking about.
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tampadelphian
 Posts: 407 |
 Mon Jan 15, 2007 11:18 pm |
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With that being said, richard, neek is unfortunately correct in his assessment. Cingular doesn't have the info any more. Sorry. I hope all goes well with the legal situation.
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 Jadall
 Posts: 389
Phone Model: Nokia 3300,Nokia n-gage, SEt290a
Service Provider: Cingular |
 Mon Jan 15, 2007 11:28 pm |
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I wish it was like csi where they just open up the computer and 2 mins later locate somone's cell phone and where they are etc. Have you seen the cops fingerprint anything. you know how much that costs to fingerprint something and examine all the stuff.. it sux my brother's car broken into took quite a lot of property cops refused to take any evidence or any fingerprints their was tools laying on the ground that were not his that probably had fingerprints on them. but unless someone is murdered or like thousands upon thousands of dollars I hope your case goes well. I couldn't imagine the nightmare of being accused of a crime. especially if I did not do it.
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neek
 Posts: 117
Phone Model: LG VX-8300
Service Provider: Verizon |
 Tue Jan 16, 2007 1:37 am |
| richardgambino wrote: | | So You my friend are saying to suck it up and take a response such as "stop bs-ing us" when a good faith effort is made to address the situation in a civil manner (even through subpoena) as I informed all readers. That my friend required me to further address his response and perhaps be dragged to his level in the end to let him know on his level that he is what you are talking about. |
1). I'm not your friend, 2). I don't need a weatherman to tell me which way the wind blows, but thank you for your effort. Again, I hope all goes well though and I hope there's other, possibly better, evidence that would help rule him innocent if he truly is (I'd presume that cell phone records are very circumstantial when it comes to evidence).
(Post scriptum: I know that tone can't be conveyed with a computer, and I'm too self-dignified to use an emoticon every sentence, but I don't mean to come off as a prick).
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richardgambino
 Posts: 7 |
 Tue Jan 16, 2007 7:48 am |
Thank all of you for the efforts and information...As a sidebar there is actually two cases on record of cell phone tower location accepted as the prima facia evidence of Innocence/ conviction. One was discovery of evidence after conviction in which the records were available 2 years after the crime (not cincular) the other was locational in placing a perpetrator within the vicinity of isolated human remains (I don't know the duration but remains seems to denote an extended period of time.
The evidence applied in a innocent conviction is termed 'Factual Innocence' meaning udisputable. The strongest term (apology by courts of conviction) of innocence.
I only offer this to increase the rolls of people who open themselves to sharing knowledge of this sort to seekers such as myself.
I never took offense to anything said I was only exasperbated at the brushing off of a dire need for assistance. The offense of having the police screw up, the prosecutor seek conviction over justice, a judge determined to sguelch all form of reason and a jury concerned with what was being missed on television is a nightmare for all.
I would offer one warning, the person I seek to be freed from prison is there for the same accusation that is being place on the Duke LaCross Members so prevelant on TV. There is only one person who can walk out of a room that only you two occupied and have you immediatley arrested and cost you a lifes savings to prove you did not touch her. If there is not a camera present, an ATM receipt to put you some place otherwise, or a Cell Tower Location of a call you may end up in prison.
This person was on my job site that day, that minute with other people around him twenty miles away from the scene of the crime, I paid him for that day, he subsequently cashed his check, I filed certified payroll with the government. The jury said we all lied. He was on one of my company cell phone issued to my employees at that moment the girl makes her accusation. The government subpeonad my company records for 3 years on specific files, the phone records were never one of them and the defense attorney never asked for them so I neglected to observe them (plus I was never told why he was arrested until 3 months later and 6 months after the date of the crime).
I am no longer isolated with any woman (not even my accountant in her office) , I do not change the diapers on the two youngest of my eleven grandchildren, nor do I bath any of them. I never want anything to be misinterpreted or suffer an accusation that will put me and my family thru what this poor soul is going through.
For further interest if you type 'Innocent Conviction' into a search engine you will spend your life reading of the injustice hidden in the closet of our great country. And perhaps uderstand why, even believing all of your greatly appreciated information, I can not stop with this.
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