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FRANK CARSON et al 10-26-2016 am (marty)


by Marty Carlson


Today’s session started late as usual as it was scheduled for 9:30 AM and the judge arrived at 9:40 AM, and we were allowed into the courtroom at 10:05 AM, and the judge took the bench at 10:08 AM.

The judge immediately started talking about the DA’s objections from yesterday about the relevance of this testimony. The judge stated she did a global search on the transcripts and there were several instances of testimony by Jim Cook in regards to this phone number. The judge then read off all the locations to the attorneys which was numerous.

Also about that time one of the defendants started having a coughing fit in the courtroom and actually had to leave to go in the back. Martha Magana advised the court that her client is been coughing for several days now and he has not been able to get treatment at the jail hospital. She also stated that he was looked at by a nurse and it’s possible strep throat but he needs to be seen by a doctor to get treated. The judge talked to the head bailiff in the court and arrangements were made for him to see a doctor today.

We then returned to the hearing at hand and the DA said to the court that the phone number in question after discussing was in fact on Fleetwood Dr. in Modesto and nowhere else and so there’s no relevance to this testimony. She also stated that this witness Miss O’Brien cannot testify to any relevance the judge says that she does not know if there’s relevance or not until she hears the testimony and at that time shall entertain a motion to strike if it’s appropriate.

About 10:40 AM O’Brien took the stand Robert Forkner had asked a couple questions about some mapping that she had done.

Jesse Garcia started questioning the witness and has having her go through the documents, which are called CDR’s, and they were provided put through the District Attorney’s Office after the receive them from AT&T mobile. The witness stated that this document was a data usage which led to more objections as she is not qualified to read data.

There were looking at the mobility usage on the document which was acquired by AT&T on July 8, 2012. In this is forward the number that ended in 4802 that was identified under Georgia DE Filippo’s name was identified also as a user being Frank Carson.

Jesse Garcia went through a critique of some of the columns in the document namely on the date of March 29, 2012 through March 31 of 2012. The witness agreed that the activity began at 4:18 PM on 29 March and they were discussing the elapsed time of the caller or connection in the identified the phone through its IMEI #. The witness also stated that on the document there was latitude and longitude of the location of the cell tower accessed. During this time the DA had ongoing objections to every question that was asked even though the judge determined her to be an expert in certain areas.

It also noted too that appeared at this point the witness did not seem to be wanting to cooperate with the defense attorneys objections and I noted a a touch of sarcasm in some of her responses.

One of the things that she seemed to get testy about is that she cannot answer if the connection was made with a phone or another device or she cannot tell the length of time on that connection. I also noted to that she was spending a lot of time after being asked the question looking at the DA as if she was looking for help.

We then got into a long discussion and/or arguments about data connections and basic information and finally the judge called the break about 11 o’clock. The break lasted about 20 minutes.

Witness O’Brien was then asked to look at another document which was again another CDR which had turned out to be a document listing of all texts. And again they were looking at March 30 and March 31, 2012 and talking about the original number that called and the numbers that was sent from.

The DA began objecting again to this witness testifying to tax information, which she is now saying texts are now data. The judge got one of those look on her face and quickly overruled.

Jesse Garcia began talking again and asking the witness if she had memorized the legend he to the CDR as to know what the abbreviations were. She stated she had not brought it with her. And then attorney Hans brought up some of the discovery on his laptop and showed it to Jesse Garcia in the witness stated that was for a different year and as technology changes over time those legends are different over time also, so that legend was not applicable. She was also asked if she had memorized any of those legends she said she had not.

Some of the documentation like the mapping that she had done, she stated that she received the data from Kirk Bunch and the district attorney was not willing at that time to stipulate that that with the same documentation that had been supplied to her by Kirk Bunch. At this point things got very confusing and Jesse Garcia decided he needed to number all 23 of his pages that he had of mapping, and then the witness advised that she only has 17 pages so they needed to sorted out and cleared up. The judge decided to break it this time we will finish his testimony probably Monday as she cannot come back tomorrow.

Percy Martinez then stated that he wanted to make argument on another issue concerning Robert Woody on the August 14, 2015 interview, he stated Steve Jacobson had told Robert Woody as they reentered the interview room that they had had a discussion with Marlisa for outside of the interview room and wanted to know if there is any audio or video or documentation of that conversation. The DA said there was no documentation done it was just the hello and an introduction and that’s it.

Percy also argued that Woody was given special considerations to be able to hug and kiss his mother while he was at the DA’s office many times and requested the same be done for his client Frank Carson. He requested that Frank be allowed to hug his mother as he was leaving the courtroom today. The judge was very quick and say no that’s ridiculous is not can happen.

The judge also advised the district attorney to have Steve Jacobson write a report of what happened in the hallway Park when they were coming back into the interview room on August 15 they said that would be done and that’s where we finished.

No afternoon court today be back tomorrow at 9:30 AM.


Dawgs blog podcast today 7:00pm

People that just have cell phones or landlines can listen to the show by calling in at 646-787-8151 and if you have a comment or question we just hit #1 and it will queue you up and let me know that you want to say something.

Or you can click on this link here to listen live online: http://tobtr.com/s/8876995 but you will have to use your phone to dial in the make a comment or ask a question. You can also listen to past recorded shows. Listening on Blogtalkradio can be very difficult at times though.

I upload the show to my site once it gets processed and it is much easier to listen on my site than that screwed up Blogtalkradio.

Send me messages on Facebook or email at Dawgonnitdawgsblog@gmail.com with any subject matter or questions. Remember you can stay anonymous with your comments or questions.


Dawgs blog podcast tomorrow 7:00pm

People that just have cell phones or landlines can listen to the show by calling in at 646-787-8151 and if you have a comment or question we just hit #1 and it will queue you up and let me know that you want to say something.

Or you can click on this link here to listen live online: http://tobtr.com/s/8876995 but you will have to use your phone to dial in the make a comment or ask a question. You can also listen to past recorded shows. Listening on Blogtalkradio can be very difficult at times though.

I upload the show to my site once it gets processed and it is much easier to listen on my site than that screwed up Blogtalkradio.

Send me messages on Facebook or email at Dawgonnitdawgsblog@gmail.com with any subject matter or questions. Remember you can stay anonymous with your comments or questions.

FRANK CARSON et al 10-25-2016 pm (marty)

Confusion and Delusion

by Marty Carlson




The afternoon session started at 1338 hrs. with Ms. O’Brien still on the stand.

She stated that in her work, law enforcement comes to her with the call detail records and she does the analysis because she has no subpoena powers. She also stated that she can map cell towers and the locations requested. The mapping can be done for any type of communication device. She stated she was previously declared an expert in San Mateo County as a communication and telephone analysis expert as well as a call detail records expert.

The judge inquired at to her previous declaration of being called an expert, whether or not her expertise was for cell phone mapping also. All attorneys at this time submitted requests to the judge for the witness be allowed to testify as an expert.

Marlisa Ferreira argued that the witnesses previously testified only at it relates to calls not text messages, in addition her expertise did not include data usage. She had no previous experience prior to working for WSIN.

Mme. DA argued the limited extent of her training in mapping included five days total prior to her doing research for this case, and that included learning to manually map out PowerPoint presentations. She made no personal visits to cell sites, and did not have any classes on refreshes or data connections.

She also argued that this expert has no certifications on tracking social media or applications that work on cell phones. In 2012 she had just began doing some cell phone tracking with no prior experience. She had only a short webinar overview on mapping cell phones which included a legal component for training in this area.

The witness did say that she had some application training before a conflict was cleared in this case. The DA stated that this witness has no police officer post certificate on high-tech training or proprietary training by the cell phone carriers. Of course, Jim Cook had no training either.


Mme. DA started going into one of her long narratives and began making arguments about the work product this witness had produced. During her speech, she was drifting off the subject of qualifications. The judge had to remind her a couple of times to get back on course a task which the DA seemed to have trouble with.

With the witness, back on the stand for Voir Dior, Malisa Ferreira began a long Q&A in regards to cell phone towers, the services and other proprietary info. During this time, I was watching the look on the judge’s face and she was not happy. Finally after continually hearing objections she put a stop to it. In fact, at one point the DA was testifying and not asking questions or presenting evidence or argument.

Robert Forkner asked the witness if there was a key to the billing records provided by the networks to be able understand the call records, she said there was and it’s very simple to understand once you know how it works.

Jesse Garcia argued she has received training in cell phones working in relation to tower sectors and such. She has training in cell sites and mapping which include longitude and latitude GPS locations. He then did a long critique of her training as listed on her resume.

We heard a long series of objections on the call detail records as no one seemed to agree on this topic at all.

Jesse Garcia stated that the Voir Dior that he did on this witness with the exact same questions that were asked of Jim Cook during his Voir Dior. That of course led to a large number of objections by the District Attorney’s Office. Jesse Garcia offers this witness as an expert in cell phone or records usage and analysis.

Mme. DA argued that the tip sheets on the CDR’s are for all detail records but do not help when there are refreshes done on the phone, but she quickly drifted off again going into cross examination type questions and not Voir Dior into qualifications.

Robert Forkner quoted evidence code 780 that states background experience training etc. is enough for qualification as an expert in court.

Jesse Garcia reading from Jim Cook’s Voir Dior is stating this no different for Ms. O’Brien to be qualified as an expert.

Martha Magana stated it is obvious she is qualified under evidence code 780.

Mme. DA stated that the witness is not experienced enough to testify as an expert, she does not have enough education, training or experience.

Again, she drifted off into a long narrative raising multiple objections over and over again as she was not discussing the qualifications of this witness but was making arguments about the work that she had done. In fact, at this point this narrative lasted 19 minutes.

Robert Forkner argued that they used her expertise for 15 months in this case and now want to declare her unfit to testify in that same expertise field. Whether or not the judge agrees with Cook or not is not the issue, but Cook’s mapping left more questions than answers. Robert Forkner stated that the DA’s arguments are cross examination not qualifications based.

Percy Martinez argued that the witness works for a service that is used by this District Attorney’s Office and multiple law enforcement agencies on the West Coast.

Malisa Ferreira argued another long narrative about the witness analysis which was not used during a hearing nor used in this case.

After a very contentious hearing the judge was obviously not happy and makes it known by the look on her face. She finally decided that she’s going to make a ruling and did so as follows: she stated that the witness is qualified in a limited area of expertise, that area being reading CDR’s and mapping of cell towers. The judge seemed very testy and fed up with all these arguments in the time wasted in all this.

At this point they brought back the witness to the stand to testify.

Robert Forkner started asking about a cell phone number that was identified as the service to Georgia DeFilippo’s phone but the user was identified as Frank Carson, and the mapping that was done. This is in regards to the date of 3/3/2012 and 3/31/2012.

When asked the question about a data connection, the witness stated she was not qualified to answer if the phone was on or off when this data connection happened. Robert Forkner was trying to get the witness to answer in regards to a text message as well at 5:43 PM.

The district attorney was continuing to object very vocally stating this evidence was irrelevant.

As things were starting to warm up again towards fireworks, the judge took the witness off the stand for the day and was advised to come back tomorrow at 9:30 AM.

The DA address the court saying she objects to that line of questing as irrelevant to this number that they are discussing as it was Georgia DeFilippo’s phone and Frank Carson was known to have only used that phone one time. Jim Cook had stated that phone was at the Fleetwood Drive address the entire night of the alleged incident.

Robert Forkner stated the phone was on all night and in Modesto not in Turlock and that is an important fact to be known as it relates to= the DA’s theory of events.

Jesse Garcia stated that the WSIN report says that number belongs to Frank Carson as its user and the information was provided by Kirk Bunch. Again he stated that phone was never off, as claimed by Jim Cook, and never in Turlock on the night of the event.

At that point we were well past 4:30 PM and the judge finally put a stop to all the arguing.

Very contentious day probably be continued through tomorrow which is only going to be ½ a day, a morning session only.

Court to resume at 9:30 tomorrow.

FRANK CARSON et al 10-25-2016 (tom)





Today, I only did the morning session in the courtroom. Tuesday afternoons are taken up attending to some personal business that I have been doing for over twenty years. After staying up until 12:15AM on my blog last night, it will be a welcome chance to do some things that are good for my well- being.

Judge Zuniga had been on a roll, showing up on time for three courtroom days in a row. Today was not one of those days. At the end of yesterday, she announced that she was going to start today’s session at 10:00AM due to the predicted high winds and rain. She makes the drive from Contra Costa County unless she stays in a hotel locally. Today, everyone was at the courtroom waiting for her to show up. She finally made it to the courtroom at 10:50AM, and we were allowed to enter the courtroom at 11:00AM.

While we were waiting to get into the courtroom, I noticed that there was a gentleman waiting that turned out to be Alicia O’Brien’s supervisor from WISN that was ordered to be present today by Judge Zuniga. Marlisa Ferreira went up to him, and I could hear her tell this man that she had written a motion that would help Alicia O’Brien not have to testify as an expert witness in this case for the defense. While we were out of the courtroom, it is obvious that this motion was discussed with the judge and the defense attorneys.

The general public was allowed to enter the courtroom at 11:00AM, and I made a joke that it was time for our 11:00AM break. That got me a nasty look from one of the deputies as I entered the courtroom. I guess this man does not have even a rudimentary form of a sense of humor. I am sure the deputies have been told that the bloggers are the root of all evil. If it were not for a couple of us, nobody would know anything but this preliminary hearing. I thank God for our First Amendment Rights.


Judge Zuniga starts out by making a forceful statement to Marlisa Ferreira. It is obvious to me that she has had an epiphany over the weekend. Judge Zuniga: “Ms. Ferreira, you have fought so hard to keep Alicia O’Brien off the stand, that it leads me to believe that you have something to hide on Jim Cook’s testimony.” Judge Zuniga: “Let it be.”

Steven Delgado, the executive director of WISN is brought to the stand. He testifies that WISN is funded by the Department of Justice. Delgado states that WISN has an analytical section, a 24 hour watch center, a technical assistance section, and an equipment loan section. Mr. Delgado stated that WISN only works for a vetted law enforcement agency. Delgado: “It is for the prosecution your honor.”

Delgado testifies that on one occasion, in El Dorado County, the defense requested records on a case that WISN was involved with. The defense had issued a subpoena to WISN. Delgado stated that the subpoena was quashed. Judge Zuniga: “Does your funding depend on WISN only testifying only for the prosecution?” Delgado: “I would say it does.” This was objected to, and the objection was sustained.

Defense attorney Robert Forkner: “No motion to quash so far?” Delgado: “Not that I am aware of.” Forkner: “All of your work is done for law enforcement?” Delgado: “Yes.” Forkner: “Your evidence does not change if you work for the defense or the prosecution?” Delgado: “No.”

Defense attorney Jesse Garcia: “Have you seen the cell phone tower analysis on this case?” Delgado: “No.” Garcia: “Did you discuss with Alicia O’Brien the product that she produced?” Delgado: “No.” Garcia: “Did you discuss with Alicia O’Brien her proposed testimony?” Delgado: “No.” Garcia: “Did you council her to testify?” Delgado: “Yes.” Garcia: “Were you called by the DA yesterday?” Delgado: “No.”

Marlisa Ferreira takes over asking Steven Delgado questions. Delgado states that WISN is funded by DOJ grants. Marlisa: “Does the information on the grant include the type of cases?” Delgado: “I can’t remember if that is in the grant.” Marlisa: “Has WISN ever had a technician testify as an expert for the defense?” Delgado: “No.” Delgado states that WISN stands for the Western States Information Network. Delgado states that it would be contrary to the WISN by-laws to testify for the defense. There were many objections to WISN funding being jeopardized by testifying for the defense. Marlisa: “You said you reviewed some of the product that Alicia O’Brien produced.” “Is it appropriate for an analyst to testify to draft material?” Delgado: “We would have to have a final product.” Marlisa Ferreira asks Delgado if there was anything defective about the subpoena that WISN had been served with. There was an objection to this, and the objection was sustained. Delgado stated that he did not receive a subpoena to be in court. Delgado said that he did not see Alicia O’Brien’s subpoena until yesterday.

Judge Zuniga: “Mam, this is the problem that I see, you have no standing to argue the subpoena.” Marlisa continues to argue with the judge. Judge Zuniga: You still have no standing.” Judge Zuniga asks Delgado about the subpoena that was quashed. Delgado states that it was quashed over a year ago. Judge Zuniga states that: “Draft or no draft does not change my ability to give the testimony the amount of weight I that I will give it.” Judge Zuniga: “She was served with a subpoena, and they had more than enough time to consult an attorney.” Bunch looks like he needs to take a dump at the point. Judge Zuniga: “Are there any mandates for you to preserve your funding?” Delgado: “I don’t understand.” The judge explains what she was asking. Delgado: “It is left up to WISN.” Marlisa Ferreira: “Are you aware of the conflict of interest that Alicia O’Brien has?” Steven Delgado is asked to step down.

Judge Zuniga: “What is the relevancy?” Marlisa: “The reason is that all of her work is a draft, with all of the mistakes that she made.” Marlisa: “She declared a conflict of interest.” Marlisa: “We have not established a single point in time that Mr. Cook’s work came up with a different conclusion, she never finalized her product.” Marlisa: “It’s insufficient foundationally.” Marlisa goes on a rant. I could see the look of disgust on the face of Judge Zuniga. Marlisa argues that this will take a huge amount of time to take up this issue. My God, she has taken 13 months, and has not rested her case. What will a couple of extra days do?

Judge Zuniga: “Based on the defense attorney’s offer of proof, you are trying to circumvent.” Judge Zuniga: “You have the right to try and impeach her on the stand.” Judge Zuniga: “They have a means of rebutting the testimony of Jim Cook.” Judge Zuniga: “I am not going to have a 995 Appellate Court reversal in this case.” Judge Zuniga: “Your goals are different than mine.”

Judge Zuniga: “Why don’t you have Mr. Delgado come out?”

Judge Zuniga: “Mr. Delgado, I am going to require Alicia O’Brien to testify over your objection. Delgado: “Not as an expert.” Judge Zuniga: “It is my decision how she is going to testify.”

Judge Zuniga then asks Kirk Bunch if he had spoken to the Police Captain from the Ceres Police Department. Bunch: “He has not called me back.”

Judge Zuniga: “Let’s put Alicia O’Brien on the stand.” Kirk Bunch’s bunny jowls are about ready to explode at this time.

Defense attorney Robert Forkner: “Ms. O’Brien, you previously qualified as an expert?” Ms. O’Brien: “In San Mateo County in March of 2015. She testified that she has a Bachelor’s of Science in Criminal Justice from Stanislaus State University, and has obtained a certification in criminal analysis from Sacramento State University.

At this time, Kirk Bunch tells Judge Zuniga that the Ceres City Attorney is coming in today with a motion concerning the SIM card that has been requested by the court.

Alicia O’Brien provides the attorneys with a resume that lists her qualifications. She has taken numerous classes that include over 400 hours of field work, and 54 hours of classroom time in her training. She has analyzed hundreds of cell phone data records in her work. She has training that covers call patterns, types of activity, and calls between people. She has handled a good number of cases in the five western states that WISN handles. She is trained in the mapping of cell phone towers, and has 60 hours of training mapping cell phone towers. She seems to be much more qualified than Jim Cook. She has worked on approximately 10 cases doing cell phone data analysis. She currently has the title of Criminal Intelligence Analyst 3 at WISN. She has special training to use the software that WISN currently uses. It is now time for our lunchtime break. I will be in court tomorrow morning to report on what is going on.

Sincerely; William Thomas Jensen (Tom)