Boring turning to snoring
by Marty Carlson
The afternoon session started with Martha Magana asking Steve Jacobson if privileged conversations are always minimized, for example attorney’s client, Dr. patient client etc. his response was yes it was, but again it was emphasized that the original recordings are never totally deleted or erase regardless of being minimized.
Investigator Jacobson also admitted there are Punjabi conversations that have not been turned over to the defense. He also noted that only system administrators, with the DOJ, can listen to privileged calls. He was then asked by Martha Magana if you’d ever been a system administrator before and he said yes.
As expected the judge finally ruled that he was qualified as an expert in the use of wiretaps for the purpose of this court.
The original wire Was done on 6-21-2012, and there were four phone numbers that were tapped. The first one was Frank Carson cell phone, the second one was Georgia DeFilippo cell phone, the third one was Bobby Atwahl cell phone, and the fourth one was Robert Woody’s cell phone.
On June 23, 2012 there was amendment on Bobby Atwahls wiretaps as they had the wrong information listed on the warrant.
The second wiretap was on June 28, 2012 it was for Daljits Atwahls cell phone.
The third wiretap was September 7, 2013 with six phones that were tapped, those being:
Praveen sings cell phone, a second cell phone owned by Praveen Singh, Praveen Singhs wife’s cell phone, a landline used by Praveen Singh, a business phone used by Praveen Singh, and another lady by the name of Chandrica Nath.
Now remember these tabs all had a life expectancy and they were all granted extensions.
The fourth wiretap that was used was on September 17, 2013 again to phones own by Praveen Singh.
The fifth wiretap that was used was approved on May 9, 2014: the first one on that wiretap was a cell phone by Baljit Atwahl, a cell phone used by Eduardo Quentinar, the third one was at the Pop n Cork on Crowell Avenue, the fourth one was at the Pop n Cork on East Avenue, the fifth one was a cell phone of Baljit Atwahl, the sixth was a cell phone by Daljit Atwahl. In addition, there was an addendum done on one of the Pop n Cork phones because of the information was wrong.
The last wiretap that was approved was on March 7 of 2015, the first one was a cell phone of a gentleman by the name of Singh, but the first time I did not catch it was not one I’d heard before. The second phone on that Was a cell phone by Bobby Atwahl.
Investigator Jacobson advise was 56,500 total call recording software wiretaps. He also advisor Deputy chief DA Dave Harris had ordered the monitors to spot check all calls that were in foreign language before minimizing to not lose them.
Investigator Jacobson also advise all text messages were left on the database if not pertinent to the investigation. And he had brought the court with him one compact guess with about hundred and 50 wiretaps and they were admitted as evidence.
The first call that they began discussing, and it was about to be played in court was a call on June 23, 2012 between Christine DeFilippo and her mother Georgia DeFilippo. Immediately this brought strong objections from Percy Martinez as to relevance as she said there is no value to this conversation whatsoever, with Robert Forkner agreeing.
Mme. DA echoed a common argument that she continually uses of a spontaneous statement and it shows state of mind, it is fundamental to other subsequent actions.
Percy Martinez argues this phone call was three months after the disappearance of Korey Kaufman, as a conversation was about a broken window in Christina’s house, and is not relevant to the Korey Kaufman missing person case.
Jesse Garcia argued the recording prejudices will outweigh is probative value.
Why the other arguments made by the DA was subsequent actions of the caretaker named Schmidt and the judge advised is not relative since he was not there at the time.
Long arguments continued on with Robert Forkner and Percy Martinez arguing to the court of the misrepresentations by the DA of the evidence, as she had mentioned that the irrigation pipe said been stacked up on the fence to lure somebody over to their side. Both Percy and Robert Forkner claim had been no evidence presented to that.
At that time, we had reached the 4 o’clock hour and there was some other business that needed to be taken care of prior to finishing and Steve Jacobson was that let off the stand at that time to return tomorrow. It’s pretty obvious that every call made on these wiretaps are going to be contested this way, and the DA is attempting to use a little more than a 100 of them.
Robert Forkner then asked the court to inquire with the prosecution if they had any more information on Patrick Hampton’s activities while he was in between testimonies. He stated that he had had numerous contacts with Oakdale Police Department but had received no discovery as of yet of any of those contacts.
The DA advised that all discovery had been turned over.
The judge also inquired of the DA if they were ever successful with a records check of Los Angeles Police Department in regards to John Evers activities or complaints are. The DA advised that she finally made contact a records search was negative, and the judge looked at her very Blakely and said “that can’t be.” Obviously there’s some issues there that we are not all aware of.
Mme. Dist. Atty. then stated that she is requesting a witness list from the defense attorneys that she is allowed prior notice. It did not appear that she feels the same when she brings net witnesses in unannounced herself like last week.
Robert Forkner advised that he wants to call Michael Cooley and Robert Woody to the stand in addition to Deputy Beranger and there’s probably more as she put together a list.
Mme. DA stated that she needs to know what these witnesses are going to say and requested an offer of proof. Mme. DA also stated that it is required that they give reciprocal discovery but then the judge corrected her and staying that only applied at trial.
That was the end of the day, and I know the target date to finish this preliminary hearing is may 20th of this month but the way this wiretap testimony is going there is no way that we are going to reach that date.
Court was then in recess to be continued tomorrow at a special time of 10 o’clock.
One other note that Melissa Ferreira mentioned is that she is also in another trial at the other courthouse, which seem to bring a strange look on the judge’s face to when she said then replied I don’t not how you’re going to do that this case has priority.