Cellphones, records introduced in Nickels trial

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EPHRATA - Prosecutors introduced cellphone records and defense attorneys continued to question police methods in David Nickels' trial Thursday.

Testimony in the first-degree murder trial of Nickels, 31, Helena, Mont., entered its fifth day. Deputy prosecutors Ed Owens and Tyson Hill introduced Nancy Ellison's cellphone records and Marita Messick's cellphone, and defense attorneys continuing their cross-examination of Moses Lake police Detective Juan Rodriguez.

Nickels is accused of shooting Sage Munro outside of his Ephrata home on Dec. 29, 2009. Prosecutors allege he shot Munro because Munro was dating Messick, Nickels' ex-girlfriend.

Melissa Sandoval, a Verizon Wireless executive relations analyst, testified about Ellison's cellphone records. Ellison is Messick's mother and provided a cellphone to her daughter.

Owens asked Sandoval about call records related to one of Ellison's cellphones, questioning how the cellphone system worked.

"The switch, which is the office that handles the call traffic on our network, would determine which cell site would be best able to handle your call," she said. "Essentially what happens is our system determines which cell site, or antenna, is going to be best able to handle your call. Generally it will look for the tower that is nearest to you. There are some other factors to consider."

Owens continued, asking how likely it would be for someone's cellphone to reach a cell site in Oregon from Washington.

Sandoval testified it was very unlikely.

Prosecutors introduced a report which Chief Deputy Ryan Rectenwald used to reportedly determine Nickels was near Spokane roughly two hours after the shooting. Nickels allegedly told Messick and a friend that he was in Great Falls, Mont.

Sandoval explained the records contained longitude and latitude, which allow people to map where the cell towers are located.

Prosecutors also introduced two cellphones and records of text messages Messick sent to Nickels. Messick reportedly called Nickels with her mother's cellphone following the murder, and Nickels gave her money to purchase a cellphone to hide their contact from her mother and Munro.

The phone he bought her, has been referred to as "the blue flip phone," and contained images of Messick and a large stack of money, according to earlier testimony by FBI Special Agent Wes Floyd.

Hill previously argued Nickels invited Messick to Spokane prior to Munro's murder and tempted her with a stack of cash and gifts, saying she could keep the items if she left Munro.

Walsh continued her cross-examination of Rodriguez, moving onto his interview with Crystal Tycksen, the former girlfriend of Ian Libby. Libby is the man defense attorneys are proposing committed the murder. Within a month of Munro's death, Libby beat Tycksen, telling her he was going to kill her like he did to "that guy."

Walsh questioned whether Rodriguez interviewed Tycksen on Jan. 22, 2010, and whether he took notes or recorded the interview.

Rodriguez agreed.

"You didn't write a supplemental report to indicate that in fact you had interviewed Crystal Tycksen?" Walsh asked. When Rodriguez agree, Walsh continued, "Did you tell anybody that you had interviewed Crystal Tycksen?"

Rodriguez answered he told Rectenwald an anonymous person had come into the police department and she wanted to remain anonymous.

Walsh continued, asking whether Rodriguez knew who Tycksen was when he interviewed her.

Rodriguez said he did, but she asked to remain anonymous and he honored the request.

"Because she was afraid of Ian Libby?" Walsh asked. "She gave you her name, correct? ... You had called her, and had asked her to come to the Moses Lake Police Department to talk to you right? ... Did you indicate anywhere in your report that you told Detective Rectenwald that you had just interviewed an anonymous informant?"

Rodriguez testified he didn't know whether she wanted to remain anonymous because she was afraid of Libby.

"It does not specifically say, 'I told him that I interviewed (Tycksen),' It just explains that we had received anonymous tips that Libby was the one who shot Munro and we had received at least two tips," he said.

When Walsh questioned Rodriguez about where his notes were located detailing what he told Rectenwald about Tycksen, the detective replied he destroyed them.

Walsh asked why Rodriguez previously told defense investigators that Tycksen wasn't interviewed.

"Because I didn't take a taped statement from her," he answered. "I didn't take a written statement from her. Technically yes, it was an interview, but I didn't think it was an interview because I didn't take any of her information down."

Walsh continued, bringing out an interview Rodriguez did with defense investigators where he stated he didn't meet with her.

Rodriguez continued he didn't say who she was because she wanted to remain anonymous.

Walsh also questioned whether Rodriguez interviewed Julian Latimer, an associate of Libby's, in 2010.

Rodriguez testified he didn't interview Latimer until 2012, roughly three months before the trial. He also testified he didn't interview Libby until roughly 10 days after receiving the anonymous tip.

"You didn't interview Julian Latimer until April 24, 2012, isn't that right?" Walsh asked. "Even though you got an anonymous tip back on Jan. 10, 2010, you decided to wait a couple of weeks?"