FRANK CARSON et al UPDATE…….


A NECESSARY BREAK IN TESTIMONY

04/04/2016

FRANK CARSON MURDER TRIAL

By
William Thomas Jensen (Tom)

Today was a very short session that was caused by the unfortunate accident that resulted in a severely broken ankle by defense attorney Jesse Garcia.

Court resume today at 10:17 AM with defense attorney Timothy Rien informing the court that the court was right about the severity of ankle injury. He informed the court that Jesse Garcia had undergone surgery last Thursday, and was still in the hospital. The injury turned out to be much worse than expected, and Jesse Garcia is still in the hospital. Timothy Rien then informed the court that most likely Jesse Garcia will not be able to return to his duties until Monday, 18 April.

Timothy Rien then discussed how he will handle a hearing on Friday where a representative of the Atty. Gen.’s office will be in town to try to quash a subpoena for records that are being sought by Jesse Garcia.

Judge Barbara Zuniga then stated that she would probably have two split the trial of Georgia DeFellipo away from this trial in order to keep the trial going. Defense attorney Robert Forkner then offered to stand in for Jesse Garcia until his return. Judge Zuniga then stated “No, I can’t do that, there is a conflict.”

Defense attorney Percy Martinez then states that Frank Carson realizes this is putting his wife Georgia DeFellipo into a situation, and that Carson will waive his right to a speedy trial in order to give Jesse Garcia some time to recover. Judge Zuniga then stated that it is it improbable to think that Jesse Garcia will be able to return by 18 April. Defense attorney Percy Martinez asks Judge Zuniga if “We can do an update on this situation Monday morning. That is accepted by Judge Zuniga.

At this point, defense attorney Martha Carlton Magana states that she needs to speak with her client. There was a look of urgency on her face as she and her client Dalgit Atwall were allowed to confer in a private room.

Judge Zuniga then confirms defense attorney Timothy Rien has agreed to represent Georgia DeFilippo. It is agreed that everyone will be in court on Friday for updates on the condition of defense attorney Jesse Garcia.

Defense attorney Hans Hjertenson then states that he has another trial, a quick one that he will handle this week that could spill over to next Monday. Hans stated that he wants this trial to resume on Tuesday because of this situation. Defense attorney Martha Carlton Magana then states that her client will waive his right to a speedy trial until April 12.

Judge Zuniga then states that we will do the motion to quash and get the status update on Jesse Garcia on Friday. A motion filed by defense attorney Robert Forkner to strike statements by his client Christina DeFilippo to investigators will be heard on April 11 at 10:00 AM. A multi-level motion filed by Jesse Garcia will be heard at this time as well.

Judge Zuniga then asks DA Prosecutor Marlissa Fereirra about any additional discovery that she has concerning Patrick Hampton and his arrest in Oakdale. She also asks about any new discovery concerning his attempted suicide while in jail. Marlissa Fereirra then states that she has provided everything, including two interviews. She then stated that she had no information on the suicide attempt.

Defense attorney Robert Forkner then discusses the fact that Marlissa Fereirra is scheduled to prosecute another murder trial very shortly. Forkner puts the DA on notice that his client will not tolerate any delays related to this other trial. Marlissa Fereirra looked very distressed at this time.

We are now done with all the court business that can be done at this time. Motions will be heard on Friday at 9:30 AM. I wish defense attorney Jesse Garcia a swift and total recovery.

Sincerely; William Thomas Jensen (Tom)

7 Comments

    1. dawg417 – I am the guy people love because I am so honest, But then they get pissy when I do the same with them.
      dawg417 says:

      It is appreciated to hear that, we work very hard to get these done and are catching some grief from short minded people.
      Thanks again.

  1. Just read the Bee’s article. I forgot they showed up yesterday, remembered and went and checked to see what it was. It would seem to me that they call the Bee whenever their is a defense issue that might lead one to infer that the defense is holding up the case.

    I have an idea, just drop the damn charges against Carson’s wife and daughter. There is nothing there except maybe ruining a Carson’s daughter’s future. Simple argument here- would an attorney as smart as Carson involve his family in any way in this case? NO! And that is with a big, big, assumption that Carson was involved in the murder.

    No mention of Fereirra’s constantly not having her witnesses ready, sand bagging the defense whenever possible, misrepresenting evidence constantly (wait a second, she has had 6 months now and we are still pretty much at day one, has she had any evidence to misrepresent) Has the Bee reported anything on star witness Hampton? His damn trip to the hills gambling while he has an ankle bracelet on would have made a great story for the Bee in that it is simple to follow and would make for great water cooler talk. It would open people’s eyes with a simple narrative. I will give them the headline-

    “DA’s Jail Snitch Star Witness Testifies-Enjoys Night of Gambling-Testimony Continues Today”

    Just print the truth is all the Bee has to do. People would really open their eyes and started questioning what is going on. Get their “Investigative Reporter” looking into the witnesses involved in this case. Are they not allowed to dig through the court index files, like the bloggers here, and just report simple things? We all know here, that the Bee reporter is a propaganda machine for the DA’s office, but does the general public know? Why does the chief editor of the Bee let this go on? Should we be emailing the CEO for McClatchy News? Take a look at their fiance page-

    http://www.marketwatch.com/investing/stock/mni

    They sell for about $1.00 a share, their earnings per share is $ -3.45. The Bee, and their parent company McClatchy News is dying a slow death. It must be so bad that no other media outlets even want to buy them up. How long can they stay in business losing a $3.45 a share? Their market cap 78 million. That is very cheap for any major outlet that might want to buy them out.

    Now I see why maybe they just send one reporter over every two weeks to get some DA news and write a story. Right now I think most of the Bee’s revenue is in local sports reporting. They just do not have the resources to be a quality in-dept newspaper.

  2. dawg417 – I am the guy people love because I am so honest, But then they get pissy when I do the same with them.
    dawg417 says:

    Interesting too that McClatchy Media group has been coming to my blog lately, I guess to actually see what is happening since their own reporters don’t cover it.

  3. I truly cannot put the blame on the Bee now. They do have the resources to cover this case. In general the daily newspapers just cannot compete with online news services and 24/7 television “news” channels. The correlation with the wave of prosecutorial misconduct and the lack of funds for newspapers is why DA offices across the state are getting away with so much in my opinion.

    I see hope though in serious bloggers taking over in this area. Keeping unfounded, personal attack business, out of the comments sections is very important to the integrity of the bloggers. I applaud you all in that what you write is almost always supported with evidence from- court indexes, criminal background checks, text from affidavits, etc., and being in the court to give an accurate account of what happens each day. What you write is almost always supported with factual, researchable evidence, that allows readers who are interested, or maybe disagree, to have the links to the facts one or two clicks away. Also, you have a backgrounds in court proceedings that I believe allow you to write with accuracy how the witnesses comport themselves. Hopefully more and more people will go to bloggers and find truths that daily newspapers cannot do because of the costs involved. Thank you.

    1. dawg417 – I am the guy people love because I am so honest, But then they get pissy when I do the same with them.
      dawg417 says:

      I cannot blame the bee for the lack of coverage but I can put blame on their only willing to print the DA’s version including the DA mishearing some testimony that was reported in the bee with the same mistake and they were not in court during that testimony. That is being spoon fed and not journalism anymore. That is a sock puppet.

  4. Left important word out again! I meant “….. do not have resources to cover the story”

    I think the Bee’s readers are most interested in local sports. They send a photographer around to snap some pictures of local sporting events and then wait for the coaches to call in the scores and tell them what happened. The bee reporters are probably asked to go out and get three stories a day. Mostly feel good stuff “3rd Graders Release Salmon”. Mcclathy I think owns San Jose Mercury so they get all their Bay Area sports stuff from them. That’s what their readers want.

    Sock puppets seems correct to me. Maybe they lose their connection with DA’s office if they do not print what they are told from them.

    They cannot lose -3.45/share for very much longer. It’s a dying newspaper.

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