MOTIONS HAVE ME TAPPED
by Marty Carlson
The afternoon session started off with the DA advising the judge that it is statements that she had made about the Carson and Pontillo case. She stated it was a different case where they Dave Harris had gone in camera with the judge. Percy Martinez said strenuously objected to saying that was exactly the case. Percy Martinez kept insisting that the information between the judge and Dave Harris be revealed but it’s under a seal and unable to reveal the contents at this time.
Percy also asked for any consultations were suggestions or any other contacts that they had with the DA’s office and the judge at this time.
He went on to talk about the accident that the lease car was in when it had the Baljit Atwahl in it after getting arrested after the search warrant at his house. Percy stated the officers took Mr. at wall into custody but after the accident he was taken to the hospital and they just abandon them there and he had make his own arrangements to get home. It was funny to after a year later when he was arrested again they denied him they’ll saying he was a danger to the community but had them in custody a year earlier and just simply let him go he wasn’t too much of a danger at that time apparently. And this is all after the disappearance.
The DA stated that it was a serious accident it was the fault of the other driver not the police officers and there was of officer seriously injured in the vehicle also treatment was a priority for him.
Percy Martinez began asking about discovery on perjury charge as he is not aware of what is based on. The DA advised that is based on some tax documents that was used in a bail hearing but they do not elaborate on exactly what the issue was. He also said there was an investigation done by a DA investigator that was filed in federal court, as a DA investigator was acting as a dual capacity as a federal officer in that particular case. Percy Martinez continued and says that he has a right to know what the bases are the charges are that Frank Carson has and again the DA insisted its privileged information and she does not have to reveal because is part of a federal case. She also revealed that the federal case was not against Frank Carson, but there had been a grand jury convened an indictment was handed down but would not say who it was a gets. So again they have a perjury charge discharge number four against Frank Carson but the defense has no understanding or explanation of what their basis of that charges because it’s confidential. So I guess a feel that they don’t have to give them discovery and tell them why they’re being charged or give them basic due process.
After the steam cleared from the room after that lengthy battle became fact from a break and the motion hearing was finally over and Steve Jacobson was on the stand getting ready play somewhere wiretaps.
Attorney Hans has an informed the court that he is not been put provided discovery to some of the information that he was promised. And again Mme. DA stated he has been.
So they began to play a wiretap from July 11, 2012 which immediately brought an objection from several defense attorneys as it stating it was not relevant. Mme. DA went on to discuss that it was in issue where there were admissions that Robert Woody and one of the out walls had gone to the Cooley’s house and made threats against them and possibly Frank Carson was there.
Martha Magana’s kept insisting is not relevant as she keeps hearing about consciousness of guilt and obstruction of justice terms being used in some of these up evidence arguments and she stated that the average citizen in America has no duty to assist law enforcement or incriminate themselves.
The judge ruled it’s relevant and is allowed to let it to play.
As it was beginning to play I noticed the judge was looking hard over the interpreters and I saw her shaking her head and she had stopped the recording and she chastise the interpreters for talking and engaging in conversation with one of the Atwahls, but she discovered they were saying they were having trouble hearing the video as one voice was real loud in the other voice was real soft. The judge then allowed the two in custody Atwahls can be moved across the room and sit in the jury box closer to the speakers where they can hear better this seem to work out much better. The recording was in Punjabi I had no idea what was said.
A second wiretap was played after being objected to being not relevant, and Percy Martinez argued this is immediately after a conversation that they had with bunch and Juice Jacobson who may have misled their identifications representing themselves as private investigators. Again Mme. DA argued that the all the parties involved were talking with consciousness of guilt and state of mind because they were talking about getting an attorney for help, right after getting interviewed by the police they knew who they were.
There was also a transcript that Mme. DA wanted to read into the record, but all the attorney stipulated to what it said and it was not necessary to be read and just admitted as evidence.
There is another conversation on July 12, 2012 that all parties stipulated to between the out walls
and then yet another wiretap from July 12 the 2012 that was objected to, this container conversation between D and Robert Woody. D Atwahl was advising Robert that he did not talk need to talk to law enforcement if he didn’t want to so again the DA is talk about conscious of guilt state of mind.
That was the end of the day there was an early day that ran late is Friday for all involved in so biggest relax for a few days and come back Monday morning at 10 AM