Court resumed this morning with Judge Zuniga announcing that Defense Attorney Jesse Garcia had broken two bones in his ankle, and would require surgery. After some discussion, Defense Attorney Timothy Rien agrees to temporarily represent Georgia De Felippo for motions and other non-testimony purposes only until Jesse Garcia can return. It appears that he will be able to return by the next scheduled court date of April 4th. I am sure he will be hurting, but I expect he will tough this out just like he did with his recent shoulder surgery. All the defendants agreed to temporarily wave their right to a nonstop Preliminary Trial to make this work. The affected defendants also agreed to this solution as far as conflict of interest issues are concerned.
It is noted that the “Back Row” was given mean looks by Prosecuting DA Marlissa Fereirra several times during this short morning session. I think she might be reading the blogs. I did hear that she was very helpful and concerned when Jesse Garcia had his fall. This is very much appreciated, and I commend her for her willingness to help.
Judge Zuniga announces that the motion to quash hearing will be heard on April 8th and 9:30AM. This is where a Deputy Attorney General will try to quash a motion by Jesse Garcia to obtain confidential files on Patrick Hampton from the Department of Corrections. Judge Zuniga opens a sealed envelope that had been sent to her. It appears that this information can’t be provided for use in any other legal case. This situation will require further attention when court resumes.
It is brought up that more testimony from Detective Frank Navarro will be the next testimony scheduled. Detective Jon Evers will be the one testifying after that, followed by an Officer Dodge. There was also talk of putting DA Investigator Kirk Bunch back on the stand. I think the testimony of Detective Jon Evers could be the most interesting. The defense attorneys have lots of information concerning his domestic violence issues. He has a reputation for having a bad temper, and the defense attorneys will most likely hit a nerve with some of the questions. It would take wild horses to keep me from watching his testimony.
As I mentioned earlier, court will resume April 4th at 10:00AM. We will be there to keep you informed on what the Modesto Bee has essentially failed to cover. For the Modesto Bee, and the Stanislaus County DA’s Office, it seems that ignorance is bliss. THE TRUTH WILL SET THEM FREE.
I’ve been absent from the courtroom for the last few court days because of numerous other cases I’m working on. Much like the Frank Carson case, many of the District Attorney’s Office filings that I am working on, their office is only looking for statistics rather than substance. It has been reported that the District Attorney’s Office receives their funding after the submission of a budget by the Dist. Atty.
In a majority of the criminal cases filed by the Dist. Atty. it is apparent that they only want a score in the “W” column. The filings are overcharged and most often contain superfluous charges which result in the hapless defendants having no alternative but to plead guilty to one of the charges with the District Attorney’s Office promise that the unnecessary charges be dismissed in the “interests of justice”. Whose justice, we don’t know. In so doing the District Attorney’s Office gets a “W” in the win column, and the defendants take it in the shorts.
It’s all about the statistics and money. In some of the high profile cases such as Sabatino, Drummond and Pontillo, hundreds of thousands of dollars of taxpayers’ money has been wasted by an overzealous district attorney having an ax to grind against those three. All three of those cases cost the district attorney three in the “L” column. You know the loser column folks. Hundreds of thousands of dollars gone to waste. And in each of those cases the cream of the District Attorney’s Office prosecuted those cases. Oh, did I forget to mention that Frank Carson was the defense attorney in those three cases.
In today’s court testimony, Frank Navarro stated that he had no ill feelings toward Frank Carson even though Frank Carson had called Navarro a liar and a cheat. I would’ve suspected that those allegations would constitute slander and Navarro should’ve threatened Mr. Carson accordingly, unless he knows that the only defense for slander is the truth. Navarro’s lack of threatening a lawsuit would make it appear that he knew that would be a loser. Just saying…
I wonder if District Attorney Fladager could say with a straight face that she has no ill feelings toward Frank Carson after he has taken the cream of the crop of her prosecutors to school on numerous occasions. And the fact that he ran for District Attorney with a platform of rooting out corruption in that office. In the above three cases, could she say “The best man one”?
There was a situation in which I was meeting with a client on the second floor of the Sheriff’s office on Hackett Road. After some time of the interview, I was accused of signaling the client in some manner regarding the way he was answering questions. This was a direct lie and once being told that, everyone on the second floor of the Sheriff’s office knew that knew that they had poked the wrong bear.
I began yelling and asking who said that. My voice was at a high level and I told them I was highly insulted, that they were impugning my integrity and I knew that any illegal contact with a prisoner would be unlawful. Continuing in my tirade I said that I have a license to protect and that I resented their false and vindictive accusation.
There is no doubt everyone there knew that I was offended by their scurrilous conduct. I will add that no one admitted to accusing me but just stood there with stupid looks on their feces faces. To coin a phrase used quite often by the prosecution’s witnesses in this hearing, “I don’t recall” all of the people present on the second floor that day, but I seem to recollect that possibly some of them are in the courtroom today. First the memory goes, then the whatever. Just saying…
Well the first part of the title of my commentary today is retraction. Several commentaries ago I commented on Bunch, Navarro and Evers going into Frank Carson’s office after hours wanting him to answer questions. Due to Mr. Carson’s prior interaction with Navarro and his dishonesty in some of the cases he works, Frank Carson did not want to talk to them. He told to get out on numerous occasions. They did not have a warrant needed to arrest or to search his office.
Mr. Carson continually told them to get out and eventually dialed 911 and asked the police to come to take these people out who were trespassing. In his telephone call Mr. Carson stated that they had guns and although they didn’t take them out of the holster they made sure that Mr. Carson knew they were carrying guns. In my prior commentary titled “The Agony and the Ecstasy”, toward the end, I found some interesting research regarding men and their “guns”. click here to see.
After hearing the audio of that invasion by Bunch, Navarro and Evers, I was infuriated by their conduct and I stated that they acted like jackbooted Nazi thugs decimating Mr. Carson’s constitutional rights. I also stated that if you are ever stopped by the police and questioned, remember they are not your friends and to say nothing and say you want to talk to your attorney.
The first sentence of the preceding paragraph stands as written. After reviewing that commentary, I wish to clarify the second sentence in the preceding paragraph and walk back my statement a little. I encourage young children that if they think there is something wrong or they are in danger wherever they are at, they can call the police to help them and to protect them and keep them safe. That is my retraction mentioned in the title of this commentary.
My reference that the police are not your friend was only intended as advice to someone who is being contacted by the police because they are a suspect in a criminal offense. And again I am a stalwart supporter of the police who do their job by utilizing their code of ethics, integrity and perform their job in a constitution abiding manner. I wanted to clarify my position.
I will now elaborate on the “More Action” part of the title of my prior commentary. I have been present for 90% of this preliminary hearing. I have been watching with disdain the machinations being perpetrated by Ms. Ferreira in this hearing. (For information Webster’s defines machination as “a scheming or crafty action or artful design intended to accomplish some usually evil end”). Oh Cinderella does that shoe fit? That is very apt description of Ms. Ferreira’s conduct. Her bullying and condescending attitude toward not just the defense but sometimes toward the judge has resulted in her being put in her place numerous times by Judge Zuniga. Slap, slap, slap!
One of the most recent examples of her pompous, arrogant, disdainful, haughty and snobbish attitude came to light when defense attorney Robert Forkner noting that both the judge and Ms. Ferreira were reading from a transcript, requested that the court provide a copy of the transcript for his client Georgia DeFilippo to aid in the defense.
Even before the judge could say anything Ms. Ferreira immediately stated “if she can afford $365,000 to get out of jail, she can certainly afford to pay for her own transcripts”. Only an ignoramus (Webster defines ignoramus as “ an utterly ignorant person :dunce) would make such a cold and heartless statement.
Now we have to remember that Ms. Ferreira has been slopping out of the Stanislaus County “Public Trough” for several years. Through “Transparent California“, we see that in 2014 Ms. Ferreira’s salary was $162,273.55. The salary mentioned included any overtime or other benefits also. We don’t know yet what it would be for 2015. The salary Special Agent Bunch had for that year was $172,985.14 and the salary for Special Agent Jacobson was $173,751.60. Both Special Agent Bunch Special Agent Jacobson were paid over $35,000 in overtime 2014. We don’t know what their salary is for 2015 yet but we know that it won’t be less of the taxpayer’s well spent, chuckle, chuckle. Could some of Ms. Ferreira’s attitude be because of the fact that two of her Special Agents made $10,000 more than she did in 2014?
And we can’t forget Modesto police officer Jon Evers salary in 2014 was $171,377.76 with an overtime amount of over $46,000 in 2014. In searching for the fourth member of “Marlissa’s Musketeers”, Frank Navarro, he could not be located working for either Stanislaus County, city of Turlock or city of Patterson. So for now we don’t know what this fourth member of the “take Frank Carson down at all costs $$$$$ dream team” made in 2014. But it would be safe to say that he is not carrying around and EBT card in his wallet.
I will also say that as a parent I did not believe in corporal punishment if one of my children did something wrong. That is just my opinion and I respect others’ opinions even if they differ from mine.
The reason I bring this up is because after hearing the crass, crude, inane and tactless comment made by Ms. Ferreira regarding the transcript situation for Georgia DeFilippo, I have to admit if my daughter or son would’ve made such an egregious and senseless statement of that type to someone, I believe I might have wigged out and slapped the taste out of their mouth. Class, couth, courtesy, respect for others and self-esteem are supposed to be taught in the home while being raised. Ms. Ferreira should be grossly ashamed of the callous and disrespectful attitude she has displayed during this preliminary hearing. Her asinine statement ranks right there along with the conduct of the jackbooted Nazi thugs that violated Frank Carson’s Fourth and Fifth Amendment rights.
I’m going to end this short commentary by saying that certain members of the law enforcement community here in Stanislaus County, from the cop on the street to the District Attorney’s Office, instead of progressing are unfortunately moving backwards in contrast to the mores and moral attitudes of those law enforcement personnel whose ethics, respect for their position and humanity itself are far and above those who use a badge for underlying reasons, agendas and personal hatred instead of the good of the community.
Court opened the rules late this morning after the attorneys went into conference into the judge’s chamber, once we got into the courtroom it was revealed that Mr. Jesse Garcia and broke two bones in his ankle and would be out for an unknown period asked to see his own doctor on Friday.
There are some general discussions about some business with the judge revealing that she had received a package of information which she believed to be Brady material and open the sealed package. The document stated that it was a court order as to a temporary restraining order that had been put in place but was not to be opened or used in any other case without an additional court order. So she was not able to reveal the substance of the information and the attorneys would have to make a pitches motion to see what information was contained therein. So what that tells me is that Detective Evers at one time had a restraining order placed against him by someone and is also restraining orders generally are public knowledge for some reason this one was held to a confidential standard. I guess Mr. Evers had a very good attorney that handle these things for him and apparently he really does have something to hide.
Attorney rain had taken Mr. Garcia’s place in contacting the Atty. Gen.’s office was moving to squash some but not all information in the CDC file but I was not sure on which particular person they were first referring to. He did contact the Atty. Gen. attorney while in the courtroom and she stated that there was going to be some materials not contested that would be sending those forward as soon as possible but there were other documents that she was going to request have the subpoena squashed. The hearing was scheduled for April 8 to have that hearing in the CDC attorneys agreed to appear on that date.
No further business was able to be done on this date nor will be done the rest of this week’s and next week was already scheduled to be dark for this court so there is no further court hearing scheduled until April 4.