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FRANK CARSON et al….. 9-19-2017 (Tom)





I apologize in advance for the lateness of this report. I was in the courtroom the entire day, and took lots of notes. This one is going to be a long one. I anticipate about three hours of work at the computer tonight.

Today, I can truly say that I can see an end to this never-ending ordeal. The Minute Order issued by Judge Moody on September 15th has put the prosecution on the hot seat. I have visions of them being strapped into an electric chair. They have until Friday to provide a complete list of all evidence that would show any involvement of Frank Carson with the Athwal brothers in the alleged murder of Korey Kauffman on the Carson property. I have sat through over a year and a half of testimony, and there is no evidence that I can remember that would fit this category. Robert Woody, in his latest version of lies, did not put Frank Carson, or any of the CHP Officers, at the scene of the alleged murder. We hear that they are working like lunatics trying to compile their list by Friday. No rest for the wicked. Many informed observers in this case feel that there is a very strong chance that Judge Mooney will rule that there is insufficient evidence to hold Frank Carson over for trial.

On September 13th, 2017, DA Investigator Kirk Bunch engaged in misconduct towards defendant Frank Carson within the Stanislaus County Courthouse. Kirk Bunch approached Frank Carson in the courthouse hallway, and threatened Frank by saying: “Your next” in a very menacing and intimidating manner. This followed the conviction of a murder defendant who was represented by Frank’s attorney Percy Martinez. The threat was heard by multiple witnesses, and was reported to law enforcement. It is even believed that this incident was captured on the courthouse surveillance cameras. Kirk Bunch is being charged with contempt of court.

Last week, Marlisa Ferreira rested her case against CHP Officer Scott McFarlane. There is not a shred of evidence that supports the charges that he faces in this case. Scott McFarlane was shown to be very cooperative with the investigators. Many informed observers in the courtroom feel that he will not be held over for trial.


The Preliminary Hearing for CHP Officer Eduardo Quintanar is going very poorly for the prosecution. Marlisa Ferreira, in her arguments tried to show that Eduardo Quintanar was trying to use the CHP as a shield to protect himself from prosecution. CHP Sargent Domby, on the stand last week, testified that Quintanar was following department protocol by seeking their assistance and advice with the problems that he was experiencing with the investigators. Cell phone data analysis by self-proclaimed cell phone expert Jim Cook showed that there was no communication between the CHP Officers and any of the other defendants in this case during key dates and times associated with this case. Jim Cook tried to show that Walter Wells and Eduardo Quintanar were moving at certain critical times associated with this case. It turns out that both of them were merely driving to and from their CHP offices which are out of town. Jim Cook tried to show that Walter Wells did not communicate with his CHP partner during a two-month period. They were trying to show that this was because of a “Consciousness of guilt.” It turns out that Walter’s partner was on active duty with the California National Guard during this two-month period. Most of the courtroom observers that I sit with believe that all the CHP Officers will not be held over for trial.

That just leaves us with the Athwal brothers. Why would the Athwal brothers be involved in an alleged murder of Korey Kauffman on the Carson property when Frank Carson was not involved? How can anyone believe Robert Woody’s latest version of lies when he has lied on all 14 previous versions of his story?

We are hearing that the prosecution is trying to use the testimony of Beverly Woody in some of their recent pleadings. There is a big problem with this. Beverly Woody’s testimony was almost entirely stricken by Judge Zuniga. Beverly Woody suborned perjury by holding up a sign while visiting her son Robert Woody at the jail. She was trying to get her son to change his testimony to conform to what she had testified to in the courtroom. Beverly Woody also perjured herself on the stand. Now I will try to paint for you yet another picture of what happened in the courtroom today.

Once again, we start out significantly late because Judge Zuniga did not show up on time. I heard from one of the people who drove from the Bay Area that the traffic was fairly light this morning. When we were finally allowed into Department 2, we waited an additional length of time while discussions were had in the Judge’s chambers.

Baljit Athwal’s attorney, Jai Gohel was tied up with another trial, so Daljit Atwal’s attorney Hans Hjertonsson represented both of the Athwal’s in the courtroom today.


They announced that the prelim for Quintanar will be continued until October 18,2017. Much of the testimony we have heard has involved things involving Quintanar, and it seems to me like the prosecution has failed to show anything that would constitute a crime. Robert Woody did not put any of the CHP Officers at the Carson property during his last version of lies. Perhaps Marlisa will say Woody is lying about that, but believe the rest he has to say. Why the CHP Officers are having to defend themselves, and go broke doing so, baffles me.

Walter Wells Attorney, Peter Rodriguez was not able to make it to the courtroom until a little bit later, so Eduardo Quintanar’s attorney Alonzo Gradford represented Walter until Peter Rodriguez arrived. I am really impressed with the teamwork that I see between the defense attorneys.

We start out with defense attorney Robert Forkner, who is representing Frank Carson, starting a 1385 Motion to dismiss. Forkner states that Marlisa Ferreira made misstatements (Lies) about the Stanislaus County Jail House Logs being available for the defense attorneys to view. He states that Marlisa Ferreira had stated that these logs are public information. This is simply untrue. Forkner states that all attorneys in Stanislaus County have been forced to subpoena these jail house logs in order to get them. Forkner states that the DA’s Office, and the other local law enforcement agencies are the only ones who can access this information on their computers. Forkner cites the recently tried Misetti case, where he was told that these logs were not public information, and he would have to subpoena them. Forkner: “What Marlisa said is not true.” (A Lie).

At this point I once again see both Marlisa Ferreira and Kirk Bunch shaking one foot nervously. Forkner asks Judge Zuniga to grant his 1385 motion. It is now 10:18AM, and Walter Wells’ attorney Peter Rodriguez arrives in the courtroom. Marlisa Ferreira makes an objection. Judge Zuniga tells Marlisa she wants to know how she got that information concerning the jail house logs being public information. Judge Zuniga: “I want to hear from someone from the jail.” Marlisa has the balls to object to this request from the judge. She is so full of herself it hurts. Judge Zuniga overrules her objection, but says Marlisa can cross examine on this matter.

DA Investigator Kirk Bunch takes the stand, and is sworn in. He gives his background in the DA’s Office as Marlisa Ferreira asks him questions. He states he is a Criminal Investigator II with 18 years of experience at the DA’s Office. He starts testifying about a program named ICJAS that originated at the Stanislaus County Sheriff’s Department. This program allows authorized persons to access jail house visit logs, criminal histories, court dates, etc. concerning persons being incarcerated in our county. Bunch states that this program is available with no restrictions to the Sheriff’s Department, Modesto Police Department, Ceres Police Department, Turlock Police Department, and the Probation Department.

Defense attorney Robert Forkner takes over on cross examination of Kirk Bunch. Forkner tells Bunch that he described ICJAS as a valuable investigative tool. The problem I see with this program is that the prosecution can immediately know if a lawyer visits a prisoner, or if the prisoner is visited by a specialized person involved with his/her case. It seems to hinder the prisoner’s ability to mount an effective defense when the prosecution knows immediately what he/she is doing, and who he/she is talking to. The whole legal system seems to me like it forces you to defend yourself with one arm tied behind your back.

Defense attorney Hans Hjertonsson asks Bunch if he had ever observed attorneys in the DA’s Office accessing the ICJAS program, and Bunch said he had not.

atty peter

Defense attorney Peter Rodriguez brings out the fact that access to the ICJIS program is specific to the attorneys in the DA’s Office, and that other attorneys have to resort to subpoenas in order to access them.

At this point, Marlisa Ferreira steps out of the courtroom to speak to someone.

When Marlisa returns to the courtroom, she calls Detective Jon Evers to the stand.

While Evers sits on the stand waiting for Marlisa to ask questions, the Contempt of Court issue concerning Kirk Bunch threatening Frank Carson comes up. Judge Zuniga schedules a 1538.5 Hearing on November 14th to settle this matter. This is the day before the Pitches motion is scheduled to be heard.

It is now 11:30AM, and we start the Trombetta Motion concerning missing exculpatory evidence in this case. Evers is on the stand. It is stated that Officer Derek Perry is sick for at least one month. How convenient, so Evers can do Prop 115 testimony for him. Defense attorney Robert Forkner tells Judge Zuniga that he has marked all of Perry’s pertinent testimony from the preliminary hearing. He provides these marked transcripts to the judge. (Joint B and C) Perry’s testimony concerned missing game cam images that contained game cam photos of several people of interest in this case at the grave site of Korey Kauffman.

It is now 11:36AM, and defense attorney Robert Forkner has Evers on the stand. Evers describes how Derek Perry took game cams to where the remains of Korey Kauffman were found in the Stanislaus National Forest near Mariposa. Evers states he went with Perry to set up the game cams. He remembers two game cams, although testimony earlier in this Preliminary Hearing indicate there were three. He states that both game cams were identical. One was placed in the bushes facing the roadway leading to the grave site. The 2nd game cam was placed in the trees close to where the bones of Korey Kauffman had been found in a gully. He stated that at one-time Kirk Bunch, Jon Evers, Derek Perry, Navarro, Hendricks from Mariposa Police Dept., went up to check on the game cams.

Evers tells Forkner that Derek Perry went up to check on the game cams after they were initially set up, and got the discs from the game cams, and downloaded them to his computer, and made CD’s of the images. Evers testified that he was able to view the CD’s with the images from the game cams. He saw the images full screen on a computer.


Evers testified that Perry told him he deleted the images from the game cams after downloading them to his computer. Forkner: “Did you confront Perry about deleting the images from the game cams?” Evers: “Yes.” Forkner: “Did Kirk Bunch confront Perry about deleting the images from the game cams?” Evers: “Yes.” Forkner: “What did you tell Perry about deleting the pictures from the game cams?” Evers: “I told him to preserve all the images, and to stop deleting the images from the game cams.” Forkner: “When did you find out Perry was deleting images from the game cams?” Evers: “The first time he went up and retrieved the images.” Evers: “He said he did not see any people on the images.” Evers testified that he did not know if images from any vehicles were deleted from the game cams. Evers testifies that Perry brought his computer with an image of a person of interest in this case. He stated that this person was associated with Bobby Tickner. Evers states that Bobby Tickner was also a person of interest in this case. Forkner: “Did a white pickup truck owned by Bobby Tickner come involved?” Evers: “Yes.” Forkner: “Did this pickup truck come up during one of the statements from Michael Cooley?” Evers: “I don’t recall.” Forkner: “Did Michael Cooley describe Korey Kauffman’s body being put in a white pickup truck that matched the description of Tickner’s truck?” Evers: “I don’t remember.” I remember something about this earlier in this Preliminary Hearing. Forkner: “Was the pickup truck white, full sized?” Evers: “Yes.” Evers states that David McMillan and Jason Armstrong were all friends of Kevin Pickett.

Forkner: “Was anybody captured on the game cams?” Evers: “David McMillan.” Evers said he was able to identify McMillan on the game cam image from information from Kirk Bunch. Evers states that the information about the grave site came from Kevin Pickett. Apparently, he had gone up to the forest, and came across the grave site which was marked with pink flags. Forkner: “Was there a name on the pink flags?” Evers: “No.” Forkner: “Was this before the Robert Woody arrest?” Evers: “Yes.” Forkner: “Was this before he told Miranda Dykes Korey Kauffman’s body was laid on the ground?” Evers: “Yes.” Forkner: “Was the picture of David McMillan ever printed?” Evers: “I think so, not sure.” Forkner speaks about the transcripts as to how they concern this issue. It is now time for lunch.

It is now 1:35PM, and we are back with the 1385 motion. Maureen Keller takes the stand. She is the Chief Public Defender for Stanislaus County. She states that in her 21 years with the Public Defender’s Office she has never had access to the jail visitation logs. She states that she has had to subpoena them in order to get them. She states that the Public Defender’s Office does not have access to the jail visitation logs. Keller: “We do not now.” It seems the Public Defender’s access to ICJAS is limited, and they can’t access the jail visitation logs. She states that they can’t access the booking information, or the visitation logs.

Evers comes back to the stand. Evers states that Kevin Pickett came by Pop N Cork Liquors and spoke about how he ran into Jason Armstrong, and how Armstrong had told him he could take Pickett up to the grave site of Korey Kauffman. Evers states that this was before Miranda Dykes wore the body wire. He states that Kevin Pickett, Jason Armstrong, David McMillan, and Bobby Tickner had been to the grave site, and that they knew where the grave site was. Forkner: “Where is the photo of David McMillan?” Evers: “Don’t know.” Forkner: “You reviewed the CD’s” Evers: “Yes.” Forkner: “Did you see the picture of McMillan?” Evers: “No” Evers: “It wasn’t there, I don’t know happened to it.”

Forkner speaks about game came one. He speaks about a three picture gap in the sequentially numbered pictures that were initially taken on this game cam. Evers admits that the three images are missing. Evers states he doesn’t know what pictures are missing on these three images. Forkner: “Were there images of guns?” Evers: “Yes.” Forkner: “Camouflage?” Evers: “Yes.” Evers states that the picture of McMillan had him in camouflage with no weapon, and his face was painted. Forkner: “Did you see anything in the background?” Evers: “Don’t remember.” Forkner: “See any vehicles?” Evers: “No.” Evers states he saw only trees in the background. Evers states that McMillan was looking at the game cam and was smiling. (Like he knew it was there.) Forkner: “Were there any pictures of Bobby Tickner?” Evers: “No.” Forkner: “Did you question Perry on the deleting?” Evers: “Yes.” Evers: “He said he deleted all the first pictures from the game cams.” Evers testifies that Derek Perry had the game cam pictures stored in his garage. Judge Zuniga ordered Perry to search his house, because initially he said he could not find them. Forkner: “Why were these pictures at Derek Perry’s house?” Evers: “I don’t know.” Forkner: “Was there an investigation about Bobby Tickner’s marijuana grow site?” This was objected to, and Forkner states that this grow site was very close to where the body of Korey Kauffman was found. Forkner states that the Stanislaus National Forest is millions of acres, and this was a needle in a haystack situation.


Marlisa Ferreira takes over asking Evers questions. She brings out through Evers that Officer Perry reviewed nothing but trees on the initial deleted game cam images, and that is why he deleted the pictures. Evers testifies that David McMillan found out about the grave site from hunter David Crosby who showed the grave site to him. Marlisa Ferreira states that McMillan was dressed in hunting attire, and had gone up to the mountains to hunt. It was deer hunting season. Evers testifies that Johnny Padilla had talked about a white pickup truck, and had done an investigation on this truck. Evers testifies that the white pickup truck had been towed before the murder of Korey Kauffman, and was still in the tow yard when Korey Kauffman was allegedly murdered. This, according to Evers, is how the investigators eliminated Bobby Tickner from this investigation. Marlisa Ferreira is repeatedly warned by Judge Zuniga to slow down. She must have had way too much caffeine during lunch. The judge’s warnings went in one ear and out the other. Marlisa brings out through Evers that the body of Korey Kauffman had been found in August of 2013, and that the information was announced to the public at the same time. Evers testifies that he could not see the hands of David McMillan in the game cam photo, and could therefore not see if he was carrying a gun. Evers testifies that nothing could be deleted from the CD’s because they were CDR’s. CDR’s can’t be deleted and used again. They are a “Read only” format. During Evers testimony, I can see Kirk Bunch nervously pumping his foot under his desk. Again, Marlisa Ferreira is warned to slow down.

Evers testifies that the information about the body being found was let out to see if any of the people the investigators had interviewed would go up to the grave site. Evers testifies that none of the three main suspects had been interviewed at that time. Evers states that the suspects in this case included Baljit Athwal, Daljit Atwal, Frank Carson, and Robert Woody. What about Michael Cooley? Evers tells Ferreira that he does not remember if the picture of David McMillan was taken during the daytime or during the night. Evers states that David McMillan was cooperative when interviewed by the investigators. Evers states that Jason Armstrong was cooperative.

Defense attorney Peter Rodriguez asks Evers if the first set of game cam images were deleted from the game cams. Evers: “That is what I was told.” Evers speaks about the three deleted pictures. Evers: “Those pictures got copied over.”

Defense attorney Robert Forkner takes over with Evers. He asks Evers if his 07/01/2016 report is in front of him. Evers: “Yes.” Forkner: “Did you get 7 CD’s from the DA’s office to review?” Evers: “yes.” Evers said this report was prepared in 2016, much later than when the events occurred. The report was prepared after Judge Zuniga ordered it to be done. Forkner: “In the press release about finding the body, did you give the name of the road?” Evers: “No.” Forkner: “Did you give the GPS coordinates in the press release?” Evers: “No.” Forkner: “Did you just say the body was found in the Stanislaus National Forest?” Evers: “Yes.” Forkner: “Is there millions of acres in the Stanislaus National Forest?” Evers: “Yes.” Forkner shows how in all of the CD’s, only three of the images were missing.

Defense attorney Peter Rodriguez: “Why did you not go to the computer to see what the three images that were missing were?” Evers: “I don’t know.” It is now time for our 3:00PM break.

We start up again at 3:20PM. Marlisa calls Robert Dan Tres to the stand. He is the Senior Software Developer at the Stanislaus County Sheriff’s Department. He states that the Public Defenders do have access to the “Jail screens.” This was objected to by Robert Forkner. Forkner states that this whole issue centers on the Jail visitation logs only. Judge Zuniga: “They are saying that you misled the court on access to the jail visitor’s log.” Judge Zuniga rules that Marlisa’s question was not relevant. Forkner: “Was the visitors log available to the Public Defender’s Office?” Dan Tres: “No.” Forkner: “Why?” “Dan Tres: “I don’t know.” It has not been available for the Public Defender’s Office for the last 14 years. Forkner: “Is it available for the Superior Court?” Dan Tres: “Yes.”

It is now announced that we will be back in the courtroom tomorrow at 1:30PM to continue the Trombetta Motion. Kirk Bunch gets back on the stand and lists a couple of Judge’s and a couple of clerks in the Superior Court that have access to the jail visitation logs. One of the judges was Dawna Reeves. It is now announced that we will be in court Monday at 11:00AM.

Defense attorney Peter Rodriguez asks Dan Tres if he personally knows if people listed on a list have jail house visitation access. He does not know.

Kirk Bunch is now back on the stand. Marlisa: “When you saw the picture of McMillan, was it during the day or the night?” Bunch: “Day.” Marlisa: “Did you tell Perry to preserve the pictures?” Bunch: “Yes.” Bunch testifies that the picture of McMillan showed him in hunting attire with a younger child. Marlisa: “Was there a report done on this?” Bunch: “Yes, by Lingerfeldt.” Marlisa: “Did you attempt to get the photos from Perry on other occasions?” Bunch: “No.” Bunch testified that he spoke with Perry on the phone and told him that Judge Zuniga wanted him to check his property and look for the photos.

Robert Forkner asks Bunch questions now. He brings out that Derek Perry lied about Kirk Bunch asking him to go to the Ceres Police Department to look at the game cam photos. Forkner: “Did Jason Armstrong refuse a polygraph?” Bunch reluctantly admits that Jason Armstrong refused the polygraph. He states that Special Agent Brody was present to do the polygraph. Forkner: “Did you go to the Ceres Police Department to look at the game cam pictures?” Bunch: “No.” Bunch testifies that he never used Perry’s computer to show photos from the game cam to others. Bunch testifies that he saw the picture of David McMillan only once. We are now done for the day.

We are going to continue this hearing on September 28th. Walter Wells arraignment is scheduled for October 18th. This took me five hours. Time for a Coors Light.

Sincerely; William Thomas Jensen (Tom)



When something says

“Non-flammable” on it,

I take it as a personal challenge.

FRANK CARSON et al 9-19-2017 PM (Marty)


by Marty Carlson

September 19, 2017

The afternoon session started about 1338 hrs. with the witness by the name of Maureen Keller called to the stand by Robert Forkner. She is a chief deputy public defender with the Stanislaus County public defender’s office. She testified that there are no computer programs, which includes CJIS’, that allows her to access the jail information on visitors, let alone family or friends or professionals visiting. She says in the past whenever she wanted to gain that information she’s had to issue a subpoena to the sheriff department. She also stated that the current upgrades have just put in place last August still have not given her access to those jail visit logs, and to her knowledge nobody else has access in the public defender’s office.

The district attorney went to cross examine and asked her what CJIS was for and she stated case management and the again repeated no inmate information can be access to her knowledge. It’s she was asked if the reset upgrade gave inmate booking information, and she stated the only access that she has is the same as any other citizen can access the online in custody log through the Sheriff’s Department.

For some reason Marlisa Ferreira brought up a Mari Cicinato, who apparently was the investigator the public defenders at one time, and the district attorney was claimed that she had CJIS access and’s Ms. Heller was not aware if she did or not. Marlisa Ferreira then started running down a list of other investigators who have may have had access, in fact it became a long list and Ms. Heller was not aware. At that point objection was made by Robert Forkner’s as he was saying the motion only is regarding the visitor logs.

It’s the DA then asked a different question asking if the subpoenas had worked in regaining the information and the judge told her not relevant. She was asked by Mme. DA if she could look at the page assign ends when she went to visit somebody at the jail and she said yes, she could see that one page but didn’t normally review everybody that gone into the jail.

Attorney Hans inquired if CJIS’s was mainly used just to track cases in the system she said yes. She also stated that she has seen countless people throughout her court system’s travels that had access that she does not have.

At this point the testimony got very difficult for me to follow at times because they were bouncing back and forth between witnesses in the 1385 motion and the Trombetta motion, as they became available.

At this time Jon Evers took the stand when called by Robert Forkner in the Trombetta motion. Jon Evers was asked the information received about David McMillan when Kevin Pickett had talked to Jason Armstrong at pop and cork one day. And apparently Jason Armstrong had told Kevin Pickett he could take him to the gravesite or Kory’s body was found. He was also asked and confirmed this information was known prior to the Robert Woody’s body wire recording that was done by Sunny Dykes’s apparently Jason Armstrong had told Kevin Pickett he has seen the site as we it’s where he goes hunting.

Jon Evers had no idea a photo of David McMillan that was taken by the game cam is at this time. He stated he does not have it and he reviewed all the CDs with pictures on them and McMillan was not on any of those pictures. Most of the photos on the CDs start at number one on the picture count and go up to large numbers depending on. Many pictures are on the CD. But there is one set of pictures with there is a gap with three pictures missing, and that unknown what those pictures were.

Evers testified David McMillan picture on the game cam is where he had walked up to it almost directly to the camera to have his picture taken, and was wearing hunting clothes, but noticed no weapon, but his face appeared to be painted like a hunter. He did not recall seeing any other people or vehicles in the picture but he did say there will he thought there were some trees in the background.

Derek Perry had talked about deleting the photos on the first CD that he had retrieved but he did not ask Perry specifically in regard to McMillan’s deleted photo. He said Derek Perry had deleted those pictures on his first trip to the mountains as he told them there was no pictures of value only wildlife and scenery. And he did not know why the CDs and evidence ended up at Perry’s house.

Evers said he never actually talked to Perry about how the evidence ended up at his house it was unknown which CD David McMillan was on and he was not sure about when the pictures were taken.

He was also asked if he was aware that the remains had been found so close to where Bobby Ticknor had a marijuana grow, and Bobby Ticknor’s associate at a campground even closer to where the body was discovered. At this time Robert Forkner entered into evidence previous testimony by Jon Evers in the preliminary hearing.

Mme. DA began cross examination again talking about Derek Perry telling them the original photos were just trees and scenery and again Jon Evers stated that he told them not to delete the pictures regardless. David McMillan was investigated after being to the site and directed there by the hunter Gary Crosby. In addition, Evers was asked if McMillan had a son with him he did not recall. The DA then started going through the timeline of when the game cams were put up in the mountains which was in September to October 2013.

In addition, she stated the Kory Kauffman’s body recovery was not released to the public until August 2013. Evers stated that Perry was the only one that had burned CDs from the game cams and he did not know what it happened to any other pictures, David McMillan picture on the game cam was documented in a report, and that report has been discovered to defense. He stated the purpose of putting up the game cams was in investigative technique to coincide with wiretap that they had working at the time. In addition, the CD’s were read only and files could not be deleted off the CD’s.

He stated that persons of interest with the Atwahl brothers and Frank Carson at that time.

It’s he stated that David McMillan had walked up to the camera and was smiling, but did not recall if it was day or night. He was also asked if he had interviewed Bobby Ticknor and Jason Armstrong and David McMillan and he said he had and they were all cooperative, and they all gave consistent information. No further questions asked at this time.

Robert Forkner again asked him about a July 1, 2015 report saying he had received sevenths CDs to review, and the report was requested by the judge in the preliminary hearing and had not been done initially. He stated press releases about the body and detailed information of location of the body only said Stanislaus National Forest. In all the CDs have a numerical series.

They ran down a listing of the pictures on the CDs and one particular CD I believe it was the last started with the number 538 which was missing, then went to 539 which was missing, and then went to 540 which was missing, then the pictures went from 541-865 all containing pictures. So, there was three images that were not transferred or disappeared. No further questions asked by Robert Forkner at this point.

Peter Rodriguez inquired if he tried to recover the images that were on that disc Evers said he did not did not recall why he had made an effort. No further questions asked.

We went to break and when we came back the district attorney called Robert Van – treat, back on the 1385 motion.

This gentleman is a senior software developer for the Sheriff’s office and manages its CJIS computer system. He stated that he had reviewed the system, as requested prior to coming to court today. And when he was asked if the police departments in the area have access to the jail screens he said yes. The judge at this time stepped in told the DA she needed to focus on the visitor’s log as that is what the complaint is about and the DA wanted to argue that she needed to put more information out and the judge told her no it’s about the visitor’s log anything else is ill relevant. The witness said the public defender’s office as far as he knew is always had access to the visitor’s log. He was asked if the Superior Court has access he said yes. This probation has access he was unknown about probation, and he and then he was asked about outside agencies and again he said unknown.

Robert Forkner asked Mr. Van -Treat if he was present in court when the public defender was testifying, and he said yes, he was. He stated that he was not aware if clerks in the courtroom have access to the visitor’s logs.

At this time, the judge admonished Marlisa Ferreira were being on her phone at the counsel table while court is in session, and Mme. DA stated judge I have to look at it, I’m looking at the list of people that have access to this system, then said “do you want to see.” In a very sarcastic manner, and the judge took her to task again advising her to change her tone of voice with her. Judge Zuniga was not happy.

The witness stated that the Superior Court employees do not have the same level of access as to the District Attorney’s Office, and he did not know who else had access to jail visit logs or who in the Superior Court has access, he would have to do a review to for find out.

Attorney Hans asked the witness if the system was designed initially at the case management system, and the witness said in part it is and again he repeated the public defender does have access and has had for some time.

Alonso Gradford then started asking the witness if he did a search today of Superior Court access. At this point, again Mme. DA interfered and began talking to the judge about an unrelated issue in the judge very smartly told her to let Mr. Gradford finish his question. Apparently, there was a list of 178 people in the court system that have access.

Mme. DA then gave the witness the list of those users in the Superior Court and he was not sure if all are able to access jail screens it depends on the role that has assigned them in the system, basically means the level of access they have.

Robert Forkner asked the witness if he looked at each and every individual that has access, and he stated he had spot checked seven or eight, but was not totally sure about the total levels of access. Apparently, some of the people on the list are former employees or retired employees in such.

Peter Rodriguez then inquired if he confirmed the access level of anybody on the list he said no not really, I just did a surface check.

At this time Kirk Bunche took the stand.

Mme. DA had Kurt Bunch look at the list of people in the Superior Court that was provided by the previous witness and asked if he recognized me the names. He said there was three judges and a couple of court clerks that he was familiar with. Robert Forkner objected at this point saying there is many people on the list that says their access is closed as they no longer work for the county or at least in that area.

Robert Forkner asked Kurt Bunch what closed means and he stated closed out active staff at status some may still be working there.

At this point they went back to the Trombetta motion discussing the missing evidence.

Kirk Bunch then took the stand again and discuss the David McMillan picture was taken during the day by the game cams. He said there was a young child that was also in the picture and David McMillan was wearing hunting attire. He stated Dale Lingerfelt had written a report on the interview with the image that was used during that interview. Kirk Bunch said he is not read Dale Lingerfelt report. Kirk Bunch stated he had asked Derek Perry to place the pictures in evidence is that’s where they belong. And that conversation occurred when the judge made a request for him to interview Perry and search his house.

He also stated that David McMillan and Jason Armstrong were all cooperative anytime they were talk to. He also confirmed that the tow company that had towed Ticknor’s truck and had documentation that was included in report that was written.

Robert Forkner started asking Kirk Bunch questions and Kurt Bunch stated that Derek Perry had speculated about photographs of the game cams and he was asked if Perry had actually shown Kurt Bunch the game cams at Ceres Police Department like he testified, and Kurt Bunch said that was not true. Forkner asked team about Perry’s testimony that Kurt Bunch was the only one who had access to the cams he again said that was not true.

Bunch stated that Jason Armstrong had refused to take a polygraph when asked by Mike Brody. In addition Kurt Bunch stated that he was aware that Jason Armstrong had said many derogatory things about Korey Kauffman, and Korey had deserved what he got. Kirk Bunch stated that he had never gone to Ceres PD to view the game cams, and they did not know if there was a hard copy of the picture of David McMillan that was used in the investigation and interviews. He stated that he never used a hard copy of a picture of David McMillan himself and saw the photo one time only.

Attorney Hans then started asking questions and Bunch said that he saw the photo of David McMillan in the fall of 2013 and did not believe there had been any interviews of David McMillan prior to the photo. He stated he knew David McMillan from an interview with Jason Armstrong where McMillan’s name had come up. He said he did identified David McMillan through Gary Crosby and Jason Armstrong through interviews about who had been up to the site. He stated no one has ever pulled up a picture of David McMillan to his knowledge. Jason Armstrong told Kirk Bunch David McMillan was looking at the camera that was attached to a tree up near the site when the picture was taken. No one had confirmed a known picture of McMillan to confirm the identification on the picture.

That was the end of a very interesting day to be continued tomorrow 1:30 PM and hopefully finish these motions.

Also, some scheduling changes they were going to finish the preliminary hearing on Edward Quintanar tomorrow morning that has now been pushed back to the same date is final arguments for the CHP officers preliminary hearing on October 18.

In addition, Judge Moody is going to be in department #2 at 11 AM next Monday, September 25, 2017. That’s regarding the 995 motion that is still pending, as seen in the minute order sent by Judge Moody that I posted on Dawgs Blog yesterday. So, it must be to see if the District Attorney’s Office has complied with that minute order.

Back in court tomorrow at 1:30 PM












Former dipshit of the day recipient on Dawgs Blog and Utah officer caught on video dragging a nurse from a hospital and handcuffing her was previously reprimanded for sexually harassing a female co-worker, according to police documents released amid investigations into the arrest that became a flashpoint in the debate over police use of force.

Internal affairs investigations by Salt Lake City police confirmed allegations that Detective Jeff Payne harassed a department employee in a “severe and persistent” way in 2013. It included several incidents of unwanted physical contact and a disparaging email, the records say.

Payne’s lawyer, Greg Skordas, said Monday that the reprimand is a problem, but it’s only part of Payne’s decorated 27-year record with the department.

Payne also faced a vehicle-chase complaint from the Utah Highway Patrol in 1995 that resulted in a two-week suspension without pay, according to the records. The documents didn’t detail the complaint but said he violated the police code of ethics on cooperation with other officers and courtesy toward other agencies.

The detective’s discipline history was released in response to a public-records request from The Associated Press and other media outlets as multiple investigations into the July 26 arrest of nurse Alex Wubbels play out.

Her lawyers are looking into Payne’s history and how the city has dealt with prior incidents, said attorney Karra Porter. Wubbels hasn’t sued the city, though Porter has said that could change.

Payne handcuffed the nurse after she refused to allow blood to be drawn from an unconscious patient, citing hospital policy. The detective had support from his supervisor, Lt. James Tracy, who said Wubbels could be arrested if she didn’t allow the blood draw.

An investigation by a civilian review board found Payne had apparently become frustrated after a long wait to perform the blood draw and ignored the nurse’s correct explanation that she could not allow it without a warrant or formal consent from the patient, who had been in a car crash.

Salt Lake City police apologized for the arrest, changed their blood-draw policies and placed Payne and Tracy on paid administrative leave after the video from police body cameras drew widespread attention online.

An internal investigation found evidence that the officers violated several policies. Police Chief Mike Brown is now weighing possible punishment that could include firing.


HERE WE GO AGAIN: ‘Researcher’ Claims The Rapture Starts On Saturday


There’s yet another doomsday date approaching, with some claiming that the rapture will start on Saturday.

That’s when certain Christians will get sucked up into heaven while the Earth descends into a chaotic “tribulation” period for those who are left.

Related SearchesThe Rapture In The BibleWhat Is The RaptureRapture Of The Church

Several videos about the supposed coming cataclysm are going viral with similar claims, including the trippy clip above showing some kind of space queen giving birth in front of a seven-headed moon lizard.

But don’t stock up on Jim Bakker’s doomsday food buckets just yet. The entire basis for the prediction is bunk. The September rapture date came from a Christian researcher named David Meade who calculated it would occur 33 days after last month’s eclipse, The Washington Post reported.

“Jesus lived for 33 years. The name Elohim, which is the name of God to the Jews, was mentioned 33 times [in the Bible],” Meade told the newspaper. “It’s a very biblically significant, numerologically significant number. I’m talking astronomy. I’m talking the Bible … and merging the two.”

Meade believes global catastrophes will be caused by a secret planet called Nibiru passing the Earth on Saturday. The world won’t end, “but the world as we know it is ending,” he told the Post.

NASA ― and just about every astronomer ― said Nibiru doesn’t exist.

Nibiru and other stories about wayward planets are an Internet hoax,” the space agency said on its website a few years ago when similar doomsday predictions went viral. “There is no factual basis for these claims.”

Even fellow Christians are calling out Meade and others over the latest doomsday predictions.

Read more HERE