DEFENSE GETS IT’S TURN WITH JIM COOK

FRANK CARSON CASE ET. AL. 06/23/2016

BY WILLIAM THOMAS JENSEN (TOM)

Today I switched duties with Marty Carlson, and took the morning session duties. I have some business I have to attend to this afternoon. I was pleasantly surprised when Marlissa Fereirra decided that she would ask no further questions of Mr. Cook on direct examination. Judge Zuniga had told her several times yesterday that “Thin is in” and had told Marlissa that it was basically her fault that this preliminary hearing has gone on for 9 months thus far. Marlissa and Kirk Bunch both seemed to be in a bad mood today, and Marlissa continued to seem like she needs to take a course in anger management. I will now try to paint a picture of the morning session for those of you that find it impossible to see this fiasco for yourselves.

We start out with Judge Zuniga announcing that she had received the additional billing records for Jim and Chris Cook. Jim is the self- proclaimed cell phone expert, and Chris is his lawyer son who assists Prosecuting DA Marlissa Fereirra during his father’s testimony.

Marlissa Fereirra announces that she should have copies of the magically found 11 CD’s of game cam photos available for the defense by Monday. It seems to me that they should have been done by this morning. Marissa said that the green 64 gigabyte thumb drive still has not been successfully opened. Marissa stated that the thumb drive will be driven up to Sacramento today and given to the CDCR High Tech office for them to open up. She stated that Kirk Bunch had tried, but failed in his attempt to open up the thumb drive.

We start out with defense attorney Robert Forkner asking about cell phone data contained on slide 35 out of 309. This data concerned the cell phone associated with Korey Kauffman communicating with several other devices. Forkner asks Mr. Cook about one of the calls, and who that call was connected with. Jim Cook states that he needs to refer to his paperwork, which is currently in the possession of Judge Zuniga.

Marlissa then goes into one of her famous rants about how this paperwork is her personal work papers. She objects to Mr. Cook using this paperwork because doing so would destroy her claim to privilege. This was a huge contentious argument from both sides on this issue.

The defense attorneys all request, and are granted, the right to step out of the courtroom to have a private meeting on this subject. While they are out of the courtroom, Marlissa Fereirra and Kirk Bunch both looked like they were going to lose their breakfast. I am sure Kirk Bunch will have a sore jaw this evening from the jaw clenching. He is going to break some teeth if he keeps this up.

At 10:35 AM, we are back in the courtroom to see what the decision will be. Judge Zuniga states that the papers are indeed work product, and that the defense attorneys will not get access to them. I was hoping that we would get to see this information. I am sure my phone number, Marty’s phone number, and many other people that I sit with are listed on these papers. We just assume that everything we say is being listened to. Exercising our 1st – Amendment rights must certainly cause the prosecution enough angst to violate our rights to privacy. If our phone numbers are on the list, they have probably circumvented the law by doing so. Just speculating folks.

Defense attorney Robert Forkner asks about slide #7 out of 309 total concerning the Michael Cooley property. There were some questions about how Mr. Cook had testified that two different cell phone calls from the Cooley property had communicated with two different cell phone towers in Turlock. Jim Cook tried to explain how obstructions on the property in certain locations would allow this to happen.

Defense attorney Timothy Rien then takes over on cross examination of Jim Cook. His work this morning was simply brilliant. Rien starts out by asking Mr. Cook if what he does is a science. Jim Cook answered: “No.” He said his work was based on knowledge and training. He said it was not exact, and there are no formulas involved.

Timothy Rien asks Jim Cook if he knows what methodology is. Jim Cook gets this stupid look on his face, and says it is a process. During his testimony, he used the word “could” in his answer. He gets hammered by Timothy Rien on this. He has to admit that another person may not be able to replicate the same results that he had come up with. He has to admit that his work is not done with precision, and that there are no standards for the work that he does. Jim Cook testifies that he is provided data from the cell phone companies, and is provided a carrier key. Timothy Rien gets Mr. Cook to admit that there are no “Over-arching standards” for what he does.

Timothy Rien asks Jim Cook if there is a scientific way to find a lost skier who has a cell phone. Jim Cook says: “No” This answer set Mr. Cook up to a series of questions that show that this answer was incorrect.

Timothy Rien then asks Mr. Cook if GPS is a scientific method by which a lost skier with a cell phone could be found. Marlissa Fereirra goes into fits with her objection, but is overruled. Mr. Cook has to admit that GPS could be used to locate the lost skier.

Timothy Rien then asks Mr. Cook if the cell phone company could run a ping to the skier’s cell phone to locate the skier. Jim Cook had to say: “Yes.” All of these questions are being objected to, and all of them are being overruled by Judge Zuniga. Marlissa face is showing the frustration of not being able to stop what Timothy Rien is doing.

Timothy Rien asks Jim Cook if GPS assisted triangulation could be used to find the lost skier. Once again, Jim Cook had to admit that this would work as well.

Timothy Rien asks Jim Cook if he knew all of the obstacles that could have blocked cell phone reception in 2012. Jim Cook had to admit that he did not know all of the obstacles that existed in 2012. This admission came after being repeatedly pressed by Rien on the subject. He was being very evasive with his answers, and kept trying to go into dialogue when the question called for a yes or no answer. Even after being admonished by the judge, he continued to try to go into dialogue with his answers.

A brief series of questions were asked by Rien to Cook about why he only works for the prosecution in criminal cases. It all concerns his membership into two organizations that would stop giving him business if he ever worked for the defense. For Mr. Cook, money rules.

Timothy Rien then goes into the details of the recently discovered billing records. It is revealed that his May 31st billing shows an additional $7,900.00 that has been billed to the Sheriff’s Department. It is revealed that this amount does not include his charges for testifying in this preliminary hearing. Jim Cook testified that he charges $200.00 per hour, and his son charges $150.00 per hour. Jim Cook was asked if his lawyer son was giving Prosecuting DA Marlissa Fereirra legal advice while sitting next to her in the courtroom. Jim Cook said: “No.” We see him whispering in Marlissa’s ear constantly during his father’s testimony.

Timothy Rien asks Jim Cook if he met with the investigators at the Ceres Police Department. Jim Cook said: “No.” He admitted that he was provided written materials concerning the suspects in this case. This included police reports, wiretap transcripts, etc. It did not include interview transcripts, or mug shot photos. He stated that he got all of his photos off of the internet. Marty Carlson will be doing the afternoon session.

Sincerely; William Thomas Jensen (Tom)