A NECESSARY BREAK IN TESTIMONY
FRANK CARSON MURDER TRIAL
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)