This is lunchtime report of the Frank Carson at our case on May 11th 2016.
There’s a special 8:30 session that started this morning with a suppression motion Frank Carson attorney Percy Martinez in regards to the office visit that was made on August 9th of 2012 by the investigators in this case. Percy Martinez is claiming the Frank Carson had a right to an attorney before being questioned and they never gave him an opportunity to do so and in addition refused to leave the office after being requested approximately 30 times.
Sheriff Stephanie Corey Brown took the stand and he’s been at the Sheriff’s Office deputies since April of 2000. He stated that he was he supervisor in charge of the investigation but was not aware that these officers had gone to Frank Carson’s office on August night. He was made aware of it sometime later.
He did state that he was aware of the letter on July 13th of 2012 that was set by Carson to the Sheriff’s Office requesting that also and Navarro not be involved in the questioning and that all questions be put it in writing. He acknowledged on July 15th 2012 the search warrant was served on the Carson properties where could divert dogs were used and looking for this missing person. Any stated on July 12th that’s a search warrant application was in process of being drafted and signed.
Tiffany Brown testified he was not aware of the letter by Carson asking to borrow not to be assigned. Elliott addition he did admit on July 15th that they made aware to all parties in the house that was being searched that they were looking for a body. But he did not know about the office visit on August 9th until afterwards.
Tiffany Brown stated that they had daily meetings at the DA’s office or the sheriff’s office or at Ceres PD. Percy Martinez is saying that East trying to establish that he was Frank Carson’s attorney and the visit to his office was in violation of that of his 5th Amendment rights. The da argued that it was not a fifth or sixth amendment issue whatsoever
Christian Martinez says that Frank Carson was in a position not to be able to leave his office as there was officers standing in the small Lobby and nor could he leave the office with all his client files are unsecured and with other people still there.
The judge advised mr. Martinez that he was not clear and is motion of what is the violations were but she will allow him to continue as she put it to make his record quote on quote.
Percy Martinez also establish with Tiffany Brown dead on July of 2012 he had contacted him and advised him he was the attorney for Frank Carson and was Rita tempting to retrieve some property that was taken from the residents namely computers. So he feels that it’s clearly established that Frank Carson have representation at that point prior to the August office visit.
Batom da had no questions to ask his investigator Brown period and Percy Martinez also advised that all records involving the dogs used for the search at the cars and Residences including training background Exedra are to be turned over but has not as yet.
At that time for C Martinez Caldwell further Witnesses but did introduce the tape of the visit as evidence.
The da then called investigator bunch to the stand where he stated that he had went to Carson’s office on August 9th and when he was asked what he wanted or his purposes or is objectives. Investigative Bunch replied that he had information on April 2nd of 2012 that Frank Carson was involved. This is only 2 days after Cory kauffmann went missing.
Investigator bunch of Vice the court that they were not planning to arrest Frank Carson and then he was asked if his gun was concealed which you said it was but he had a loose shirt over the top of it.
He also testified that the other officers we’re carrying guns also, but they were concealed so there guess they don’t know for a fact whether he was they were carrying guns or not. Because he did state that he could not see them.
Investigator Bunch testified Frank Carson and asked if they had a warrant when they arrived Kama they said no they claim they were trying to get help relocating Korey Kauffman but he also stated that he did not get close to Frank Carson. But he also testified this was in a 10 by 10 room which was the lobby of Frank Carson’s office that contain two days and a lot of furniture.
He testified that Georgia defilippo Frank’s wife, came out and Evers took her outside but we’re standing in the at the front door with a door opened in the breezeway. Investigator Bunch said he stood his ground and at one point Frank Carson had picked up the phone to call nine-one-one after he would not leave, and at one point Frank Carson had got on his hands and knees to look up Kirk funches shirt to see if he was carrying a gun. He Dan said he could hear the dispatch talking to Frank Carson on the phone so he was familiar with the conversation taking place.
Eventually after being asked at least 30 times to leave he did leave prior to the response by the Modesto Police Department. They stated they went across the street to the library as a detective ever had called The Dispatch Center had advised them that an officer was not needed because they had left
It was discussed the time that this was done was after normal office hours and they had made entry into the office to then unlock front door that a Workman was starting to exit as they approached, and advise him to go get Frank Carson. They Then followed the workmen into the office. This is when he admitted it was a small probably 10 by 10 room but he says he gave Carson plenty of space so he would not feel threatened. Don’t he get married again that he continued to stay as all officers did after it was requested that he leave and they have no other business there because they did not have a warrant.
Investigator Bunch stated that it did not make sense to him what car Carson was so upset about still that led him to be concerned about his safety and Georgia defilippo safety.
When asked why the body cam was used to record the incident he wanted to record Frank’s reaction and document the incident. He also stated that he has reviewed domestic Police Department report of the incident that was filed later on.
The witness has been taken off the stand and the judge advised both attorneys that though she has read Navarro’s testimony in the past she has not reviewed it recently it would take final arguments then take it under submission after she had reviewed the report.
Final summation Percy Martinez stated that he was not allowed to have his 5th Amendment rights have an attorney present as they were well aware he was represented by attorney and this was after they had done a search warrant on his and several other properties in this case. And this hurts when it was done in the effort to find or locate a body.
Madame GAO arguing there was no legal argument made by the fence stated there was no custody issues as he was not handcuffed put in a patrol car he was free to leave at any time as he was in his own office. So the Miranda is violation is the only issue. She also stated that Frank Carson had lied to the nine-one-one dispatcher he said he didn’t know why the officers were there.
The Motions in Taken under submission date again another Discovery hearing I was not able to stay in the courtroom and Forte after a few minutes so I will just reveal later what it happened there it appeared it was a short hearing has everybody left the courtroom shortly thereafter.
The preliminary hearing is to be resumed at 1:30