Play Audio and object
By Marty Carlson
One note from the morning session I forgot to make note of, Mme. DA advised the court that she had whittled down her wiretap list to be played to 20 instead of the original hundred and five.
Picking up where we left off Percy Martinez and objected to the relevance of the wiretap that was brought up just prior to the lunch break, attorney Hans them Martha Magana also advisor objecting to relevance, which included conversation with plaintiffs and their attorney.
Mme. DA advised it was co-conspirators talking about their involvement, and Carson’s claims on the phone led again to consciousness of guilt and state of mind.
Attorney Hans argued that someone advising others to not talk to police is normal every day conversation.
Percy Martinez argued that there were previous calls on July 12 in July 13 that the DA said that the Atwahls have to call Frank Carson and that shows consciousness of guilt. Percy Martinez also argued under 352 was not relevant.
Hans argued again that conversation was minimized after two minutes and the partial audio does not give the whole picture and perspective in the entire conversation.
The judge ruled that it is relevant and overruled the objections.
The next wiretap was from July 15, 2012 between Frank Carson and his mother: she had called Frank and stolen that Corey Brown was at the property and trying to search. Frank Carson had told her on the phone that nothing is going to be done without a warrant, until mom to tell the officer to talk to him. He also said that he will talk to them as soon as they want. During a phone call he also stated that they have nothing to hide so is more than willing to talk to them.
Another phone call on July 15, 2012 was play and Jesse Garcia objected to relevance. Again Mme. DA stated that Frank’s mom calling her son shows a consciousness of guilt. Even though much of the phone call was about Frank Carson’s father’s death. And the DA is insisting them Frank Carson is the ringleader that deals with all the issues and in control of all the situations.
Jesse Garcia argued that they were constantly talking about investigators and their tickling for the purpose of letting everyone know who was a suspect in this case. In addition, the DA said that Jesse Garcia has no standing to object in this particular matter, with the judge ruled this his client would not be facing these charges that there was not an original charge in the first place so you standing.
Another wiretap from July 15, 2012 where was a conversation between Frank Carson and his mother, with law enforcement had arrived to do the search warrant on the properties. During that conversation Frank Carson advisor if they have a warrant let them do whatever they want and he would be on his way back from Stockton so he could open any containers or storage buildings for them, so they would not destroy any locks which they did anyway.
Jesse Garcia again objected to relevance and Mme. DA stated that Frank Carson does not want them to cut the locks and does not show up until almost 7 PM. In addition the DA advised that there were only doing a search for missing persons case but she did China bypass the fact that they’re using cadaver dogs in the search, and also became obvious that they were tracking Frank Carson through his cell phone. All this the DA again repeated the same familiar statement of it shows state of mind and consciousness of guilt. It was also indicated by the DA that Frank Carson had lied about being in court Korey Kaufman went missing,
Robert Forkner advised the court that the flyer that was put out by the family for Korey Kaufman stated he disappeared on March 29 were in that particular day Frank Carson was in court and had no false alibi.
Jesse Garcia noted that due to the tickling any other rumor control put out everyone was aware of the investigation for the murder of Korey including not Frank Carson’s colleagues.
Martha Magana says all that information in this call is not relevant and emphasize the point of the cadaver dogs, so it wasn’t just a missing person case.
Finally the judge ruled that the up objections would be overruled as they are consciousness of guilt, something I really did not understand what she was trying to say.
The next wiretap played was on July 15, 2012 where Frank Carson was talking to Ryan Schmidt the caretaker. There was basic general conversation about Frank’s father and Frank Carson was talking to Ryan about buying some locks to replace the ones destroyed during the search, as a fire department was called and cut the locks off.
Percy Martinez stated that this is obviously a homicide investigation where is a again use the dogs an attempt to locate a body not a person.
After some minor discussions the judge ruled that was half admissible in relevant and half was not admissible and relevant and deleted some of the call but allowed other parts of.
A second phone call in July 15 the 2012 was played next, where it was again the caretaker Ryan Schmidt and Frank Carson talking about three securing the buildings on the property.
Mme. DA again stated it was state of mind and consciousness of guilt because Frank Carson had stated that the investigators had lied to his mother while the rat her property and some of the conversations that it had with the Atwahls.
Jesse Garcia again argued all statements in this call were accurate and representatives of what anybody trying to just take care of business after search warrant and does not rise to the level of consciousness of guilt and state of mind after having their property invaded in such a way.
Percy Martinez also argued the DA’s argument does not reflect what was actually said in the conversation at Martha Magana concurred. Especially when Frank Carson stated that no judge in this County was willing to sign the warrants and they had ago judge shopping out of County.
Mme. DA responded by saying there is no evidence to judges refuse to sign they actually recused themselves, and then went off in another long narrative that she is well known for an trying to blur the facts in the saying more consciousness of guilt and state of mind.
The judge ruled she needs to hear the next wiretap as it completes the phone call to make her final ruling.
Jesse Garcia argued that Mme. DA is misusing the evidence rules of court and quoted several citations which he said also affected the other codefendants as well.
Percy Martinez stated that he isn’t sure what the relevance of Frank Carson appearing are not appearing at the scene means, as a DA keeps making an issue that he got there later on after stopping at his mom’s house first.
So then the next wiretap from July 15 2016th was played which was a continuation of the phone call of Ryan Schmidt and Frank Carson.
Mme. DA stated that Frank Carson was trying to give Ryan from the property, as he was afraid that he would make statements to the investigators which shows state of mind and consciousness of guilt. Mme. DA also said that Frank Carson had in can’t and knowledge of the investigation when he said that the cops lied.
Jesse Garcia countered by saying they tell their mom they had talked to Frank Carson earlier, and Frank Carson was advising that he had not and that’s where he said they had lied in addition to what they said about talking to the Atwahls.
Percy Martinez stated that there are no statements by Woody or any other that Ryan Schmidt had any type of evidence or knowledge to offer to the investigators.
Went to keep not. Martha Magana’s argued the Frank Carson had rushed to the scene he would’ve been guilty by showing up and showing consciousness of guilt and state of mind in that manner too so either way the DA is arguing about his guilt no matter what he done.
At that time Mme. DA went into her usual victim role start talking about how offended she was by defense attorneys claiming to what she would have done or not have done and they are not arguing evidence at this time.
The judge decided the DS objection is sustained there is no conscious of guilt on the first call but only limited partial on the second and some of the information will be stricken.
That time we had reached the end of the day in court was then taken into recess and to be continued tomorrow at 930.