AT A SNAIL’S PACE 12/30/2015
By William Thomas Jensen (Tom)
Court resumed today at 9:44 AM in the Frank Carson murder trial. Judge Zuniga had been able to have a lengthy conversation with a lawyer in Stockton with the name of Jeff Hirschfield on the legal issues concerning the fact that Defense Attorney Martha Carlton Magana had represented prosecution witness Patrick Hampton back in 1993. After much discussion, Martha’s client which is one of the Athwal brothers asserted that he still wants Martha to represent him in this trial, and has waived his right to use this in his defense in the future if he were to be convicted. Hampton was his usual self today. We had the F Bombs, and wise cracks from the stand like always. Judge Zuniga has allowed him to get away with a bunch. I wonder why he has not had a couple of contempt of court citations already.
Patrick Hampton took the stand at 10:00 AM. Martha started out asking him questions. Hampton testified that he was wearing the orange and white striped jail outfit the 1st time he met Frank Carson. He was asked by Martha why he was wearing that color uniform, and he told her it was none of her business. It was brought out that he has worn this color combo for 10 to 12 years while in custody. Martha pressed Hampton for the reason why he wears this color of uniform. Martha went over the categories of inmates that wear this color, and asked Hampton which category would apply to him.
Hampton was asked to step down from the stand, and was taken out of the courtroom. A side bar was done, and Prosecuting DA Attorney Marlissa Fereirra kept saying that the question was not relevant, and would put Mr. Hampton’s life in jeopardy. Judge Zuniga got upset, and stated that Marlissa Fereirra’s arguments were offensive.
Patrick Hampton was put back on the stand and Martha again asked Hampton what category he fit into for wearing the orange and white striped uniform. Sex? No. Gang? No. Attack in jail? No. Enemies? Yes. Prison politics? Yes. Patrick Hampton made a comment to Martha that she sounded like a broken record. Marlissa Fereirra made arguments that again angered Judge Zuniga, and the judge said “Mam, you are making this much more complicated than it needs to be. The judge then said “Mam, would you let me handle this.”
Hampton was back on the stand again after having to step down. He was asked by Martha if in 2014 he was incarcerated with Michael Cooper. Hampton said he did not remember. Hampton said that he was in DVI with Michael Cooley. He denied knowing Tony Cooley, Ronald Cooley, Linda Burns, Johnny Padilla, Kevin and Keith Hobbs, Kevin Pickett. When asked if he knew Kimberly Stout, he said “I don’t think so.” He denied knowing Eula Keyes and Robert Woody. Hampton stated that he has known officer Sheldon for several years. He denied knowing Mary Bronco, Brian Woody, and Tina Carlos. He said the name Toby Anoti sounded familiar. Hampton denied knowing Dawn Poma, or anybody in the Woody family.
Public Defender Rosenstein made it to court. He was summoned to court to consult with Patrick Hampton about his rights concerning Martha’s attempt to find out exactly why he wears orange and white jail uniforms. It is brought out that the reason is because he has known enemies in the jail and prison system. Martha pressed Hampton for specifics. There were many objections by Marlissa Fereirra on this concerning relevance and Patrick Hampton’s safety. It was brought out that the reason he wore orange and white stripes was because of some prison violence that he had been involved in. Hampton denied acting as an informant. Hampton denied volunteering information to law enforcement. Hampton was asked if he was paid for his cooperation in the Carson trial, and he said no. He denied wearing a wire. Hampton admitted that he had made a threat to Paul Singh when he looked at Singh’s wife through a rifle scope and read the license number of her car to Paul Singh over a cell phone. He had called it in testimony a “Terrorist fact.”
It was brought out that Hampton had told investigators he told Singh he was going to kill Paul Singh. “I fucking threatened to kill him.” He said this to DA Investigator Steve Jacobson. Martha asked Hampton why he thought he had immunity over these things. There was an objection that was sustained. Martha went into the incident where he threw 30 lbs of marijuana into a neighbor’s yard from his pickup truck while being chased by the police. He was afraid that his truck was going to be impounded. Hampton told Martha that he did not have a scale, and was not really sure how much marijuana he actually threw into the neighbor’s yard.
It was brought out that Hampton has been a 3 striker since 1995. Martha went into the instance where Hampton had told DA Investigator Steve Jacobson that he had an AR-15 assault rifle. Hampton admitted that he had told Jacobson this, and Martha read the transcript of this meeting to Hampton when he tried to say that the gun was only a replica. Martha brought out that Hampton should have been given a Felony for that. It was brought out that Hampton had stolen marijuana from a grow at the corner of Stearns Rd and Sierra. Hampton called that harvesting, and said he did a lot of harvesting as a way of making money.
Martha asked Hampton if he had told Steve Jacobson that he took dope into jail, and he answered yes. Hampton said the dope was no good, and must have been cut. Martha told Hampton that “You know Jacobson has the power to arrest you. In this interview with Jacobson, Hampton confessed to criminal activity after criminal activity. Martha listed them: Dope in jail, Fire Arm, threat to kill Paul Singh, stealing marijuana. “You told Jake all of this” Hampton then said “Am I incriminating myself?
Public defender Rosenstein was allowed to consult with Hampton in another room. When they came back into the courtroom, Rosenstein announced that Hampton was asserting his 5th Amendment rights to protect himself from self-incrimination. Hampton was allowed to step down from the stand, and was taken out of the courtroom.
At 1:42 PM Defense Attorney Robert Forkner spoke about a motion of his that if granted would bring in facts about a homicide, home invasion robbery, and other issues that Patrick Hampton was involved in. Much time was taken after that trying to ascertain where a file from the California Department of Corrections was that was supposed to be overnight delivered by now. Judge Zuniga came into the courtroom with a thick sealed envelope that she had the court clerk unseal. Judge Zuniga took a look at the contents, and made a comment that the file contained items that she had not expected. She handed this file to Martha Carlton Magana, who was going to provide to the other defense attorneys. Prosecuting DA Attorney Marlissa Fereirra was told that she could not have a copy of this file. This should be interesting when court resumes on Monday at 9:30 AM
William Thomas Jensen (Tom)