Justice in America: Gerardo Hernandez Part V


By Warren Yates


I am sure that the judge who clearly wanted a guilty verdict and Ms. Frasier both are now fully aware of where Modesto is and where some of us “country bumpkins” come from. That is why I titled this commentary “Miracle by the Bay”. But now we are back in Stanislaus County.

As I did above regarding Ms. Frasier’s salary, through Transparent California it was disclosed that Ms. Ferriera’s salary in 2014 was $162,273.55. Both the salaries mentioned included any overtime or other benefits also. So here we have Ms. Ferriera prosecuting not an attempted murder case, but a murder case. She is currently not facing one defense attorney but rather six defense attorneys at this time. She does not even have benefit of co-counsel. She’s doing this all for $100.000 less in salary. I’m wondering where that bus was headed that she got thrown under.

Gerardo Hernandez


I will state for this record that Ms. Ferriera’s courtroom demeanor while having some flaws, is head and shoulders above the demeanor of Ms. Frasier in San Jose. Having grown up in the Bay Area till the age of 30, I have now long considered the Bay Area a nice place to visit but I would never want to live there again.

In my absence and I’m hoping that I was missed by someone, Marty Carlson as in doing a great job of bringing the true story of what is happening in court to the interested readers. His insights and comments are greatly appreciated. He does a great job of fully covering the events of that day’s court. Myself, I tend to cut to the chase and go for the throat. I have to be careful though, because that tactic did not work for Ms. Frasier in San Jose.

Just as a side note I want to add that Santa Clara County has 1.8 million population. Stanislaus County 531,000 population. For a County like Santa Clara with almost 4 times the population, Santa Clara County does not pay travel time for contracted private investigators working under the auspices of the public defender’s office. All five floors Santa Clara County Courthouse on the east side did not have functioning water fountains. Shame on them on both fronts.

Stanislaus County does pay travel time for private investigators contracted and working under the auspices of the public defender’s office. In contrast to Santa Clara County Courthouse, the water fountains the Stanislaus County court are functioning. Just saying…

Parallels I will draw here between the San Jose case and the Carson case are remarkable. The Santa Clara County deputy Dist. Atty. was set on obtaining a conviction without regard to justice. Sounds familiar so far doesn’t it? The investigation on the San Jose case showed that the defendant had picked up his fiancée at her workplace and were headed toward Interstate 880 when his cell phone ping was off of the cell tower approximately 20 minutes after the shooting took place.

Polygraph examinations were given to both defendant and his fiancée. Both passed the polygraphs confirming that he did not shoot the victim and that they were on the other side of San Jose when the shooting took place. The polygraph also confirmed that defendant had not touched a gun in over seven years. When Ms. Frasier was advised that both our client and his fiancée have both passed polygraph tests, she wanted to know who the examiner was. Mr. Gradford told her it doesn’t matter, put them on your own polygraph here in the Santa Clara County Sheriff’s office. When challenged to do that she declined knowing that they would pass their polygraph also.

Even with this evidence deputy Dist. Atty. Frasier continued on with her agenda for whatever reason against our defendant. Still sounds familiar so far, doesn’t it? Deputy Dist. Atty. Frasier based the totality of her case upon a gang banger convicted of felony robbery and the perjured testimony of his wife. So here we have a situation in which another convicted felon seeking some type of benefit to be put on the witness stand and lie. The same situation has been going on for quite some time here on the Carson case.

Up until now in the Carson case, we have seen a rogue’s gallery thieves, crack addicts, drug sellers, embezzlers, burglars, assaultive behaving scoundrels and general lowlifes that you would want to keep at a flagpole’s length away from you. These are the witnesses presented so far by the prosecution. None presenting any direct evidence as to the involvement of the Carson eight.

From what I gather from Marty Carlson’s commentaries, the defense attorneys are going to object to any further continuances and delays in the preliminary hearing. Every day that innocent people spend him in jail is part of their life they will never recover. So it’s time to have the prosecution put up or shut up and dismiss this tainted case.

So it’s time to free the Frank Carson eight and put Robert Woody away for life without the possibility of parole for the heinous murder of Korey Kauffman. We know that Woody deserves the death penalty but of course avoiding that is the obvious motivation for Robert Woody’s self-serving, lie ridden and fictitious statements to the police resulting in the incarceration of innocent people to save his own skin.

So we’ll see you in court on Tuesday morning.

NEXT? Remember this could happen to you………


Just a quick note from DAWG: Trust me Warren I missed both you and Tom, These reports are not my forte, Job well done in San Jose……..

Justice in America: Gerardo Hernandez Part IV


By Warren Yates


Jury gets a case at 3:30 PM on February 26, 2013. The judge stated that he only holds court until 4:30 PM and that if the jury doesn’t reach a verdict we will have to return on Friday. The judge and gone back into his chambers and while we were waiting in court we were making small talk and I was praying. At 4:28 PM the judge came out of chambers and told us that if the jury doesn’t come back by 4:30 PM we will have to go back on Friday.

Judge no more than said that when the phone rang and the jury reported they had a verdict. Having been in court many times, I immediately felt that they would find Gerardo guilty. In the vast majority of the time, a quick verdict usually means that the evidence is overwhelming, the defendant would be guilty and they wanted to just get out of there. As the jury was coming back in I was praying that they had seen all of the evidence and knew the Gerardo was innocent.

Knowing that the judge and of course Ms. Frasier wanted to secure a conviction, the judge asked the fore person of the jury for the verdict forms. Now in the instructions to the jury, the judge advised them that there would be one sheet that said either guilty or not guilty. There were three other sheets attached to the guilty or not guilty sheet which were three enhancements for sentencing purposes upon being found guilty.

One enhancement was for committing a crime for the benefit of a street gang, one for premeditation or lying in wait and one for use of a firearm. If found guilty, the jury could find the defendant guilty of one, two or all three of the enhancements. This is where the judge showed how vindictive he was.

Gerardo Hernandez

Only myself, attorney Gradford and Ms. Frasier understood what the judge was doing. The judge looked at the top sheet which would say either guilty or not guilty. He studied that for a few seconds and then carefully set it aside he then looked at the first enhancement form for a few seconds and then carefully put it aside and then looked at the third enhancement sheet and then carefully put it aside.

At that point myself, attorney Gradford and Ms. Frasier knew, based on what the judge had done, that the verdict was guilty and the judge was checking to see which of the three enhancements or all of them might be applicable. The judge then gathered the the documents up, carefully stacked them and then handed them to the court clerk and said, please read the verdict.

The clerk then read: the people of the state of California versus Gerardo Hernandez in matter number CR-blah blah blah with a charge of attempted murder, find a defendant Gerardo Hernandez NOT GUILTY!!! Gerardo’s family, myself and Mr. Gradford were euphoric. I was about 3 feet off the ground and that’s no small task if you have ever seen me and know how big I am. Ms. Frasier had an astonished look of disbelief on her face. She had lost what she considered to be a slam dunk case.

Outside the courtroom the family was very busy thanking the jurors for seeing the truth. When Ms. Frasier came out of the courtroom she immediately singled out the fore person of the jury and asked her for all to hear “What happened” as if to indicate that the jury did not make the correct decision. When the fore person began to tell her where the holes were in her case, Ms. Fraser said “let’s go down the hallway here to talk” not wanting anybody else to hear where she dropped the ball on fourth down just outside of the end zone as time ran out in the Super Bowl.

Next part V: Parallels I  drew