America the land of the good, the bad, and some are ugly

By Marty Carlson

3-30- 2016

Having this week off from the preliminary hearing of Frank Carson and others has given me a little time to sit back and think and observe the many people that seem to come out of the woodwork in these type of high profile cases. Here’s just a few thoughts and experiences that has occurred recently in dealing with the many people who are interested in this case, and it is obvious that there is no other resource available to gain information especially on a daily basis of this hearing. And based on the massive number of hits on my site there is large numbers looking to be informed. The local newspaper has decided to ignore their 3rd largest story of 2015.

I am working to make the information available to anyone interested, and as I said have said in the past I have no horse in this race. I have never seen or met Frank Carson prior to me going to court, nor any of the other defendants in this case. What my thoughts are based on today is the variety of people that want to be informed, and also some of the people that want to insert themselves into these type public cases or issues and try to make it about them.

As most of you know this case involves a lot of the criminal element as some of the major witnesses that are being relied upon by the prosecution to make their case. I’m not going to their names, most of you have been following my blogs know who they are, there is a embezzler that stole thousands of dollars from her employer and has her case still pending after almost 4 years, there is the career criminal who is a prison gang dropout and much of the testimony of recent has been based on his statements, as he was the last one they repeatedly say to see Korey Kauffman alive. This gentleman has a long career as a professional thief, drug dealer, and testimony revealed a violent streak especially when it came to his girlfriend.

That brings us to his girlfriend who admitted on the stand in this hearing that they were selling stolen antiques from the Carson property. And herself is also pending charges, and her also has not had her case adjudicated for a couple of years. There was another person that was involved in a transportation and selling of those antiques and they even had the address, her car, her license plate information, and where all the antiques were being taken to be sold up in the foothills.

There was a state prison inmate that testified, that was wearing a red and white striped prison jumpsuit, meaning he was in protective custody, and in his testimony when asked who he sold drugs to he said “Turlock”. He was also in state prison for a home invasion where he had held the victim hostage with a knife to her neck but stated on the stand he had done nothing wrong. This gentleman was also looking for considerations in prison. When he was done testifying he insisted and received special transportation back to his home, I believe is in Pleasant Valley, normally these situations they go to a reception center like DVI, then get process back to where they came from. It may not sound much to a lot of people but to this gentleman that was a special consideration because he doesn’t have much else.

Then there was the career criminal, who injected himself into this case writing a letter from jail just before getting released, he wrote a letter to his old friend that he had known for years that was the DA investigator and involved himself in this case. There’s only one type of person that does that and that is someone who is a career criminal, a professional snitch, and is trying to work for future considerations knowing full well what is ahead of him. This gentleman during cross-examination, on the witness stand, told several attorneys to “fuck off”. He readily admitted that he was a career criminal, and he earned a living by going out and what he referred to as “harvesting”, meaning that he was stealing other people’s marijuana plants in order to sell. He was having a good time on the stand disrespecting the court, disrespecting all the attorneys in the court, and in my opinion showing that he didn’t have to play by anybody’s rules but his own.

The same gentleman who was on an ankle bracelet at the time is his testimony, and he will be called again for more testimony maybe, had been absconding from probation and stating to the DA investigators via text and emails, that he was now in fear for his life because of his testimony, and remember he injected himself into this case. They were unable to locate him for some time, and it also picked up another case involving drug possession, and was not found until he was involved in a barricaded situation in a house with a SWAT team was about to be called but he came out at the last minute.

I have heard testimony from law enforcement and was actually embarrassed for them at times. There was a Mariposa County deputy that recovered the remains of Korey Kauffman after the remains were located in a rural area in the mountains. This deputy was not prepared for her testimony, which was not difficult testimony where she only had to testify about finding the remains. One comment that caught my ear that she made during her testimony was that to her this was just another body found. Where the body was located was not secured as a crime scene, evidence that was found at the scene namely skeletal remains, were not marked photographed or videotaped. She picked up a few of the remains the first day left the scene with no officer left on scene to secure that scene in return the next day to look for more evidence, and did locate a bullet that was under what she described as a layer of dirt, and was found by a digging with a piece of a stick that was laying on the ground. This was found directly underneath where the shirt and jacket of the remains were found. For some reason they felt that was the only place to look for evidence underground, no other areas where dug up or looked at for more physical evidence. In addition, that bullet that was found was thrown into a bag with some of the skeletal remains and was not bagged separately to avoid contamination. This officer was not prepared she did not know what to testify to and was obviously uncomfortable and extremely nervous on the stand. Her testimony was an extremely painful testimony to watch, as I have testified in that position in the past myself I could not believe she was not prepared or understood what she was there to testify for.

There were other issues involved with officer testimony, one particular officer felt the need to get advice from an attorney prior to his testimony about the investigation that he conducted in this homicide. Remember that the next time an officer tells you don’t need an attorney if you didn’t do anything wrong. Apparently he is going to testify some more in the very near future, and there are some issues from previous employment and legal problems that have been brought out in court in discovery has been provided to the defense.

One of the things to I wanted to bring up was some of the witnesses in this case have been reading this blog and feeling the need to come on here and talk to trash. I am the type of person is more than willing to let anybody have their say at any time as long as they’re not mother fucking me or anybody else. I do love opinions and I want to hear what people have to say, but if you come on to my site want to talk trash talk or stupid shit you will receive same in return. I have no problem getting into the gutter with people that only understand gutter type talk. And it’s funny this is happened on several occasions they’re not received a very well, by me and some of my viewers, and then have turned around and felt the need to complain to the District Attorney’s Office about the way they were treated after coming to my site first. As far as I’m concerned somebody that does that is nothing but a low class shithead tweaker that I simply have no time and patience for. You want to talk trash to your trashy friends I am simply not interested.

The other thing I wanted to bring up was the nut jobs that seem to come out of the woodwork and want the attention to be on them. Two in particular, one being what I think is a very close friend of the career criminal that barricaded himself in a house. She tried to tell me how fucked up I was in this poor guy was just a victim of the justice system. A court case index of this gentleman shows otherwise, and trust me this gentleman has never been a victim in his whole life in fact is one of the wolves not a sheep. I also find it interesting that this is nut job claims to be a nurse that works in the prison system, if she said affectionate towards the bad boys imagine the assistance that they are receiving while incarcerated. I have no facts I have no information other than the fact that the Department of Corrections is making daily visits in large numbers on Dawgs Blog. In addition, from her home.

There is also been another individual who I have referred to as the copsucker who felt the need to rant and rave on one of the posts and tell me that she had an obligation to inform everyone that we were not unbiased. To be honest I don’t give a fuck what she thinks. She went on long rants about AJ Pontillo who has nothing to do with this case other than the fact that Frank Carson was his attorney in his case. And she has a long history of being overly concerned about AJ’s business, and if you do a search on my site for the copsucker you will find FBI reports of her being the snitch that began the investigation into AJ’s legal issues. Initially I listened to her rant and rave and I told her if she has something that she wants to report on this blog she is welcome to come to court and do a report on the daily proceedings.

This person then again began ranting and raving about who I knew back in 2013 stating that she had screenshots, documentation, and all sorts of other kind of ridiculous information proving that I was friends with AJ, his girlfriend, Warren Yates, Tom Jensen prior to me going to court in the current preliminary hearing. Trying to rationalize with her I very quickly realized it could not happen and it all became very familiar with conversations I’ve had in the past with the copsucker. Even if she did have information that proved I was friends with all these people prior to me going to court I still say, so what? What the fuck does she have that means anything other the fact she’s a nosy intrusive person.

Just for the record again I will say it I first met AJ Pontillo shortly after his acquittal when I interviewed him for my blog, and 2013 my blog was not in existence, I never knew Tom Jensen Warren Yates until I went to court to start observing for myself. We decided to start putting our reports on Dawgs Blog and the backstorynew’s as there was no consistent press coverage by any media in Modesto, and the coverage that did happen was spoon fed by the DA. I do have examples to back up my claim.

There have been other contacts by many people sending me information, just wanting to talk about their situation, and I think at times just to vent a little bit. The tweakers still have occasional contact with me on this blog, on my personal Facebook page, and Dawgs Blog Facebook page. And to be honest I welcome any information that anybody has, and willing to help anyway I can that people that may need it.

Since starting these reports on this blog I have also been contacted by some people wanting me to go to court for friends or family to observe the proceedings and to report to them what is happening. Again I am more than willing to do that right now my concentration is on Frank Carson et al.

Just a few notes and some thoughts as I have said all along I welcome any opinion whether you agree or not, you can have your say without trash talk. If you choose to trash talk me or anybody else on this site you will be banned, I don’t care if you swear, or use bad language or grammar you can have your say.

As a reminder to everybody that court will continue Monday, April 4 at 10 AM and hopefully will learn by then the status of Jesse Garcia and his injury and to the extent it going to affect this hearing.



By Tom Jenson


During the break that we are currently on in this trial, I have had a chance to do a lot of thinking. I wonder how such a miscarriage of justice can be allowed to occur. The criminal justice system in Stanislaus County appears to be at times used as a tool to destroy people who are disliked by elected officials or people of power in our community.

Carmen Sabatino

The first time I became aware of this was during the trial of our former mayor Carmen Sabatino. I attended every day of testimony during this trial. The election of Carmen Sabatino came as a great shock to many people who had controlled Modesto over the years. As soon as he was elected, a concerted effort was made to find a way to get him out of office.

It appears to me that a local real estate baron, and his land use attorney were the main players in this effort. Someone contacted a Sonora attorney by the name of Roger Brown, and made allegations against Mayor Sabatino. Eventually, 12 felony charges were levied against Carmen Sabatino. None of the charges were based in fact, but Carmen was put through the trial of his life.

During the trial, the main witness against Mr. Sabatino, Patrick McGrath, decided to invoke his Fifth Amendment rights against self-incrimination, and refused to testify. It made no difference that the charges levied against Carmen Sabatino were based on Patrick McGrath’s lies, and Carmen had to endure a lengthy trial. Patrick McGrath eventually lost his license to practice law because of a Ponzi scheme that he used to steal money from others.

The District Attorney was unable to convict Carmen of any of the charges. Because of all the publicity concerning the trial, Carmen Sabatino was unable to win re-election for mayor of Modesto, and has been unable to get elected in subsequent elections. The powerbrokers succeeded in destroying his political life. Frank Carson was the defense attorney that defended Carmen Sabatino during this trial.

AJ Pontillo

My next experience of this type of political prosecution was with the AJ Pontillo Bail Bonds case. AJ Pontillo had become very unpopular with law enforcement in our community, and they tried to take him out by charging him with kidnapping and other charges. These charges were totally without merit. In the end, AJ was found totally innocent of all charges. During the trial, AJ’s wife died while being pregnant. Many people feel that her death was caused by the stress of the situation. Frank Carson defended AJ Pontillo during this trial.

My third experience of this type of political prosecution was with the trial of Frank Drummond, who was teaching police science at Modesto Junior College. Mr. Drummond had exposed misconduct by local police officers who were involved with teaching at Modesto Junior College. Frank Drummond was charged with sexual crimes against a minor. These charges were totally baseless in fact, and he was not convicted. Mr. Drummond was able to get his teaching position back after the trial, and is in the process of getting back pay for what he lost. Frank Carson defended Frank Drummond during this trial.


Frank Carson has been a thorn in the side of the district attorney for many years. He is now facing the trial of his life. The district attorney is trying to build a case of murder against him based on the testimony of convicted felons and drug addicts that have been given special treatment in exchange for their cooperation. The district attorney is willing to ruin the lives of many fine people in order to take Frank Carson out. I have attended most days of testimony during this preliminary trial. I have not heard anything during this testimony that would make me think that Frank Carson, or any of the other defendants, is guilty of anything.

The burden of proof is very low during a preliminary trial. I hope that Judge Zuniga finds that the prosecution has not met the level of proof necessary for this trial to continue in front of a jury. I think this is probably wishful thinking. This trial has gone on far too long already.

It is time for the Board of Supervisors to do the right thing and stop these political prosecutions from happening ever again. By allowing this type of injustice to occur in Stanislaus County, they have become part of the injustice. Our tax dollars are being wasted trying to destroy people who have become unpopular with powerful individuals in our community. We need to root out the corruption that exists within our local law enforcement, and allow the vast majority of good officials to do their job.

Sincerely; William Thomas Jensen (Tom)

Obama shortens prison sentences for 61 drug offenders

President Barack Obama commuted the prison sentences of 61 drug offenders on Wednesday including more than a third serving life sentences, working to give new energy to calls for overhauling the U.S. criminal justice system.

All of the inmates are serving time for drug possession, intent to sell or related crimes. Most are nonviolent offenders, although a few were also charged with firearms violations. Obama’s commutation shortens their sentences, with most of the inmates set to be released on July 28.

Obama, in a letter to the inmates receiving commutations, said the presidential power to grand commutations and pardons “embodies the basic belief in our democracy that people deserve a second chance after having made a mistake in their lives that led to a conviction under our laws.”

One of the inmates, Jesse Webster of Chicago, is serving a life term for intent to sell cocaine and filing false tax returns. Another, Byron McDade of Bowie, Maryland, got 27 years for cocaine-related charges as well. In both cases, judges in the cases later said publicly it was too harsh, though sentencing guidelines often prevent judges from being more lenient. Webster and McDade will both be released later this year.

Most are nonviolent offenders, although a few also faced firearms charges. Nabar Criam of Brooklyn, New York, was sentenced to 15 years for possession of crack cocaine with intent to distribute, but received an additional charge for having a gun on hand during a drug trafficking crime.

The latest tranche of commutations brings to 248 the total number of inmates whose sentences Obama has commuted — more than the past six presidents combined, the White House said. The pace of commutations and the rarer use of pardons are expected to increase as the end of Obama’s presidency nears.

“Throughout the remainder of his time in office, the president is committed to continuing to issue more grants of clemency as well as to strengthening rehabilitation programs,” said Neil Eggleston, the White House counsel, in a blog post.

He added that clemency is a tool of last resort that can help specific people, but doesn’t address the broader need for a “more fair and just” system and “fix decades of overly punitive sentencing policies.”

In a bid to call further attention to the issue, Obama met for lunch Wednesday with people whose sentences were previously commuted to hear about the challenges of re-entering society. One of the former inmates, Kemba Smith, was seven months pregnant when she turned herself in on crack cocaine charges, and she served more than 6 years before former President Bill Clinton granted clemency in 2000. She went on to study social work and become an advocate, the White House said.

Though there’s wide bipartisan support for a criminal justice overhaul, what had looked like a promising legislative opportunity in Obama’s final year has recently lost steam. As with Obama’s other priorities, the din of the chaotic presidential campaign has increasingly made cooperation among Republicans and Democrats in Congress this year a non-starter.

Last month, a group of Senate Republicans declared their opposition to the legislation Obama and some conservatives had been pushing, dealing a major blow to prospects of getting it done this year. A key Senate committee had already approved the bipartisan bill, which would let judges hand out lesser sentences more lenient than the federal mandatory minimums and eliminate mandatory life sentences for drug offenders caught three times. House Majority Leader Kevin McCarthy, R-Calif., has said the overhaul is doable but doesn’t have to get done in 2016.

Obama has long called for getting rid of strict sentences for drug offenses, arguing they lead to excessive punishment and sky-high incarceration rates. With Obama’s support, the Justice Department in recent years has directed prosecutors to rein in the use of harsh mandatory minimums.

The Obama administration has also expanded criteria for inmates applying for clemency, targeting nonviolent offenders who have behaved well in prison and would have received shorter sentences if convicted of the same crime a few years later. Civil liberties groups hailed that move but have since raised concerns that too few are actually receiving clemency under the policy.


Dad charged with murder after man he caught in daughter’s bedroom dies

Ben Batterham

A man has been charged with murder after he allegedly broke an intruder’s neck as he tried to make a citizen’s arrest.

Ben Batterham, 33, has been charged with the murder of Richard James Slater, a would-be burglar who he found rummaging through his young daughter’s bedroom.

Richard James Slater

According to police, Slater, 34, broke into Batterham’s house on Cleary Street in Newcastle, Australia, in the early hours of Saturday morning.

Batterham and a friend got into a scuffle with Slater, in an attempt to detain him.

Police were called to the scene, but by the time they arrived Slater had lost consciousness.

In a critical condition, he was taken to the nearby John Hunter Hospital.

Batterham, who had to be treated for facial injuries, was initially charged with recklessly inflicting grievous bodily harm.

At 11.30am the following day, Slater’s life support was switched off and Batterham’s charge was changed to murder.

He was refused bail and is expected to appear in court this week.

Slater, who was released from jail in December, had previous convictions for aggravated break and enter.

Slater’s family say they are seeking justice for his death, claiming the 34-year-old father-of-three was ‘murdered in cold blood’.

His mum, Beryl Dickson, told Seven News: ‘I want my baby’s killer found and brought to justice.

‘He was my eldest baby and now I got to bury him for a reason I don’t know.’

Slater’s mum said he had been on the straight and narrow since leaving prison.

Amazing how families can justify anything