Wazzup Dawg……..


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by Marty Carlson

April 25, 2017

Several media reports have reported that the nearly $1 billion in controversy all side deals that were made to complete the gas tax embezzlement of the taxpayers of California have been approved by the legislature.

Anthony Canella

Prior to the April 6 vote for the tax, funding for a handful of transportation projects had surfaced in a separate bill, See SB 132 .The projects will benefit the districts represented by Adam Gray, Democrat Merced; Sen. Anthony Cannella, Republican series; assemblywoman Sabrina Cervantes, Democrat Corona; and Sen. Richard Roth, Democrat Riverside.

All for those lawmakers voted in favor of the gas tax that was passed without a vote spare.

Interesting enough part of that deal passed Monday, was Senate Bill 496, by Anthony Cannella that would protect architects, engineers and other design professionals against legal claims made by public agencies. Cannella is an engineer.

It is asserted the gas tax will generate more than $5 billion per year for road repairs and local transit projects by indefinitely increasing gas tax and diesel taxes and hiking vehicle registration fees. The state claims it will cost the average driver roughly $10 per month or less. It’s

I guess that is the price of a cheap whore these days.

It appears that Gov. Jerry “Moonbeam” Brown, has delayed signing the transportation bill that’s been on his desk, and that he championed with his whorish behavior because he was waiting for the “side deals,” which he called “arrangements”

sadly it appears this type of behavior is becoming the normal and not the exception with lawmakers anymore. The true characters of many of these people come out once they realize they are beginning to turn out or not get or run for reelection and do not need to pander for votes.




Judge Barbara Zuniga

Just a quick note to clarify some information that was in Tom’s report yesterday, Judge Zuniga is only going to develop the initial questionnaire for the juror panel that is going to be called. Judge Zuniga is not going to do the Vior dire of the jurors. The attorneys will take the answers given by the jurors, then do their own questioning and Vior dire the potential jurors to try to get a fair and impartial panel. Legally I’m not sure the judge can do Vior dire for the attorneys.

I have received several comments and messages from people showing concern about this and I just wanted to give some clarity.

Judge Robert Moody

In addition, judge Robert Moody, of Monterey County, is the judge is going to hear the 995 which is an appeals motion. According to my Google search, judge Moody has a reputation for being a prosecutor’s judge, and in one article I saw he made a statement that defendants do not have a presu’s mption of innocence in this country. Just for info.

Feel free to inquire or add more information.

FRANK CARSON et al…… 4-24-2017 (Tom)






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This case needs someone to stick a fork in it, but sadly it has morphed into part 2 of a never-ending nightmare prosecution of the innocent. So many things are changing with respect to this case. I expected today to be an arraignment, but it turned out to be much more than I thought.

Baljit Athwal has retained the services of a new criminal defense lawyer. His name is Jai Gohel, from San Francisco. From what I have heard, he is extremely excellent at what he does for a living. Mr. Gohel is replacing Martha Carlton-Magana, who has represented Baljit Athwal for the last 18 months. I have heard that Jai Gohel took over successfully in the Tello murder trial that was just completed in Stanislaus County.

Walter Wells has been split off from this trial, and his case will be handled separately in another trial. Walter Wells will no longer be using Timothy Rien as his criminal defense lawyer. Judge Zuniga stated that she is going to contact the Public Defender’s Office, and the Conflict Panel, and assured Walter Wells that a lawyer would be found to represent him. It was generally spoken at the courtroom that a conflict lawyer would most likely be assigned to handle Walter Wells’ case. Timothy Rien has done a magnificent job, but he comes at a cost that simply is prohibitive to continue with.

Judge Zuniga states that the trial date for Frank Carson, Baljit Athwal, and Daljit Atwal will begin on 06/19/2017. Judge Zuniga had to start the trial at this time in order to comply with Frank Carson’s request for a continuous speedy trial. The law states that there can only be 60 days between the end of the preliminary hearing and the start of the actual trial. Judge Zuniga states that the start of the trial could be delayed to give Jai Gohel more time to get up to speed on the defense of Baljit Athwal. It was announced that the trial is going to be held in the main courthouse, and not in the larger Bankruptcy Courthouse where we have been housed the last year and a half. It is announced that the lease for the old Bankruptcy Courthouse runs out on June 30, 2017. I don’t think the county can use this building anymore. Things are going to be much more crowded in the main courthouse, and parking is going to be an issue. Using the parking garage will be an added expense for this old fart, but I will make it work one way or another.

Frank Carson, Baljit Athwal, and Daljit Atwal all plead not guilty to everything they have been charged with.

It is announced that CHP Officers Scott McFarlane and Eduardo Quintanar will be in the courtroom this Thursday at 9:30AM. I am not sure what is going to be done at this time.

A motion that has been filed by the defense attorneys to dismiss the charges due to prosecutorial misconduct is going to be heard on May 8th, and 9th. I believe this is the one that was filed by Robert Forkner. Defense attorneys Hans Hjertonsson, and Percy Martinez have joined in this motion.

Another judge, Judge Moody from Contra Costa County, will be conducting a 995 hearing on June 5th, 2017 in the old Bankruptcy Court. I found out that a 995 hearing is where the defense lawyers ask another judge to rule if there was actually enough evidence to hold the defendants over for an actual trial. I certainly do not see any evidence that should have held Walter Wells over for anything.

Frank Carson has written a motion to recuse Martin Baker, and Bruce Perry from representing Robert Woody due to misconduct on their part. This is going to be heard on May 15th and 16th, 2017.

There is going to be a courtroom session on May 01, 2017 to determine which motions are still outstanding in this case.

Judge Zuniga states that she is going to use the standard jury questionnaire form from Contra Costa County for the jury selection process. Judge Zuniga announces that she is going to be the person who asks the questions to the prospective jurors, and not the lawyers like we usually do in Stanislaus County.

Frank Carson has written another motion to vacate the plea bargain that was made with Robert Woody. Judge Zuniga states that Frank Carson, or the defense has no standing to ask for the plea bargain to be vacated. Bruce Perry states that he agrees that the defense has no standing to ask for this motion. Defense attorney Percy Martinez states that the plea bargain asks the court to “Look the other way.” This motion will obviously go nowhere, but will be heard on May 01. 2017.

Even though I heard Frank Carson plead not guilty, defense attorney Percy Martinez asks to Demure on the issue. I am not quite sure what this means. There is an objection to this Demure by Marlisa Ferreira.

It is announced that Robert Forkner will be acting as co-council with Percy Martinez in the defense of Frank Carson. I think this is a very good move.

We are now done for the day. I am not sure how many of the motion sessions I am going to attend. I think I will certainly be there on May 1st. This is going to be another marathon I fear. May the Force be with us.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 4-24-2017 (marty)

Arraignment and more today

by Marty Carlson


Court was scheduled to start at 0930 hrs. this morning and we got into the courtroom about 0945 hrs. in the attorneys promptly went into chambers and were in there for about an hour.

Of note was a new attorney present to represent Baljit Athwal, by the name of Jai Gohel. He is replaced Martha Magana and is an attorney out of San Francisco, also present with him was an associate counsel by the name of Patrick Chioka.

When all attorneys finally returned to the courtroom, the DA went on the record to saying they are severing Walter Wells this case from the remaining three, Walter Wells’ attorney Tim Riens stated that there was no objection, and also that he will be withdrawing as Walter Wells’ attorney of record after filing a motion lifting the travel restrictions that have been placed on Walter Wells. He also noted that he would be able to travel anywhere throughout California for business, legal meetings, doctors appointments, just not for pleasure. The judge indicated that she would approve such a motion.

The judge then noted at that time that June 19, 2017 is the scheduled trial date, based on time not waived. She also started giving some case law in regards for a new attorney being brought in at this stage of the hearings in case Bobby Atwahl’s attorney needs more time.

She also gave the attorneys a list of motions filed throughout the length of the preliminary hearing, and attorneys are to go through them and decide which ones that they still want heard by the court.

Percy Martinez advised the court that a 995 motion, which is an appeal on the judge’s ruling, is going to be filed in the judge advised him to have that filed by May 1, 2017. She also noted that she had given specific dates for the motion to be filed for the DA’s response to be filed in any other responses to that to be filed and that particular motion will be heard on June 5, 2017, in department 26.

The judge also noted that the lease runs out on the current building they are using on June 26, 2017 and so not sure of which courtroom will be used or how it will work if the trial starts on June 19 in department 26.

The judge then went in to some description of her jury selection process where she does hardships first. And the judge prefers to prepare jurors questionnaire herself, instead of the lawyers.

The District Attorney’s Office is also filed a motion for all defendants be taken back into custody and that is to be heard on May 1, 2017 at 10 AM in department 26.

The judge also noted that Frank Carson’s attorneys have filed a motion to vacate Robert Woody’s plea and his agreement, but stated that Frank Carson has no standing to do such a motion. Percy Martinez argued that there is standing in regard that a plea demands that the court to look at the plea and agreement to see if it was all done in good faith by all parties involved. The judge advised that is the DA’s discretion, or would be Robert Woody’s attorneys place to file such a motion. At that time all defendants were arraigned and all defendants pled not guilty, but noted that Frank Carson was also demurring in his plea and the district attorney argued that that cannot be done, which the judge agreed but let Percy write a motion to that effect.

So all defendants pled not guilty and deny the special circumstances involved.

The schedule for April 27, 2017 is a further arraignment of Scott McFarland and Eddie Quentanar, in addition Robert Woody is scheduled to be sentenced on that day, but the District Attorney’s Office is requesting it be rescheduled to another date, Bruce Perry Robert Woody’s attorney argued that they want him to be sentenced this Thursday. After we all left the courtroom the judge asked Marlisa Ferreira and Bruce Perry to stay to discuss that situation.

So these are the dates that I have for right now and as we all know their subject to change constantly

April 27, 2017 continuation of the trailing defendants and sentencing of Robert Woody.

May 1, 2017 a motion is set at 10 AM for the 995 hearing

May 8, 2017 more of the motions that have not been completed throughout the preliminary hearing

May 15, 2017 again more motions that had not been completed throughout the plenary hearing if needed

June 5, 2017 will be the 995 hearing with a judge out of Monterey County to hear the appeal of the judges preliminary hearing ruling.

All the above hearings are scheduled to be in department 26 at this point

June 19, 2017 the trial will start in department 26 but will be move shortly thereafter if it does in fact start that date.

June 26, 2017 the lease expires on the building that is used for department 26.

As I noted these are all tentative dates with a new attorney they are subject to change, also subject to change depending on the appeals ruling.