YOU CAN’T ALWAYS GET WHAT YOU WANT
FRANK CARSON ET. AL. CASE
BY WILLIAM THOMAS JENSEN (TOM)
Today we had the continuing cross examination of self-proclaimed cell phone expert Jim Cook by defense attorney Timothy Rien. It was an interesting morning session. Prosecuting DA Marlissa Fereirra lost her bid to claim work product privilege on some of the disputed files she has been trying to hide from the defense. The defense attorneys had witnessed Jim Cook referring to these files while giving testimony, and had requested to see them a few days ago. Marlissa Fereirra turned pale at that time, and made an endless rant of objections about their disclosure. Judge Zuniga took these files into her possession, and examined them to make a ruling at a later date. More about her ruling later in this article.
We start out today with the announcement that the “lost game cam CD’s” had been copied and discovered to the defense attorneys. We find out later on this morning that only 7 of the 11 CD’s were provided to the defense. Defense attorney Robert Forkner brought that fact out, and I wonder what mysterious people could be pictured on the still undiscovered 4 CD’s.
It is at this time, that Judge Zuniga states that she had looked at exhibit #42, and had determined that it was not “work product.” She states that she is going to hand it over to defense attorney Timothy Rien. Marlissa Fereirra immediately turns pale, and goes on another one of her frequent rants. Marlissa states that the first 16 pages contain her questions to be asked to Jim Cook, and the expected answers that he was going to give. This seems to be such a rigged approach to convicting the innocent. She even made comments about alternate questions if he did not answer the questions the way she wanted him to. Wow, this dragon lady is one manipulative package. After her rant, Judge Zuniga tells her sternly: “We discussed all of this last week. Mam, this is what I am going to disclose, take a look at them.” Marlissa looks at them, and turns even paler than she already was. Judge Zuniga: “You need to look at some case law.” Zuniga: “I really disagree with you Mam.” Marlissa continues to lose her color, and her composure. There must be some stuff in here that is radioactive. Some of it might be skirting the law, but that is just conjecture on my part. Marlissa continues to complain about pages 1-16, and states that they contain the crux of her issues, and her questions.
Judge Zuniga goes over the case law that she used to make her ruling, and gives the details to both the prosecution and the defense. I think this ruling is going to be addressed again after the attorneys have a chance to read the case law involved. I expect this issue to come up later today, and I expect Marlissa will not get what she wants.
It is at this time that Defense Attorney Robert Forkner announces that the defense has only received 7 of the 11 game cam CD’s that were supposed to be handed over today. The missing 4 CD’s could contain exculpatory evidence. It takes time to Photoshop things you know.
It is 10:41 AM, and Timothy Rien starts his continuing cross examination of Jim Cook. He asks Jim Cook if he analyzed the phone numbers of any other people other than the defendants in this trial. Many of us in the audience feel that we could possibly be on that list. Bloggers exercising their 1st Amendment rights in a public trial are not safe from prosecutorial misconduct. The DA can always get a pet judge from out of town to sign most anything they want. You know, absolute power corrupts absolutely. Can you hear me now Marlissa? Jim Cook says that Jessica Crisp (Walter Well’s girlfriend) and Ryan Schmidt (Frank Carson’s handyman) were mentioned as people who had their phone records examined.
It is brought out that Jim Cook did not examine the phone records of Robert Woody. Why would he want to examine the records of the confessed killer of Korey Kauffman? It is brought out by the defense attorneys that they have evidence that Korey Kauffman received a phone call during the time he allegedly was killed. Jim Cook testifies that he did not review these records because the records had been expunged by the cell phone company.
Timothy Rien asks Jim Cook if he did analysis on the calls concerning Robin Attenhoffer and Michael Cooley. These records were expunged by the cell phone company according to Jim Cook. Jim Cook when asked by Rien states that he contacted the cell phone companies on this subject, but he could not remember the name of the technician that he spoke with. Jim Cook was turning pink at this point, and was sweating in the courtroom. The courtroom was like a meat locker at the time. I was freezing to death.
Defense Attorney Timothy Rien asks Jim Cook if he was told by the investigators that Michael Cooley had admitted to participating in the killing of Korey Kauffman. He said: “No.”
After a short break, Timothy Rien continues to talk about Robin Attenhoffer. It turns out that her cell phone was a prepaid Crickett cell phone.
Defense Attorney Jesse Garcia brings up the fact that Detective Dale Lingerfeldt had testified on 11/20/2015 that Charley O’Dell had said that Michael Cooley had told him that he had killed Korey Kauffman. I wonder why this was not investigated further. Perhaps it was because it would not allow the prosecution to take Frank Carson down. Defense Attorney Jesse Garcia also bring out that confidential informant 14-001 had implicated Michael Cooley in the killing of Korey Kauffman.
Timothy Rien asks Jim Cook if there were other important dates where he was instructed to analyze the cell phone data. Mr. Cook stated that 01/02/2012 was one of those dates. He stated that this was the “date of the surveillance.” This date makes no sense at all to me. It is three months before Korey Kauffman went missing. I am sure he made a mistake on the stand with this date. The next date of interest was 04/26/12 to 04/27/12. This is the time period that the prosecution contends the body of Korey Kauffman was moved to the mountains. Timothy Rien brings out the fact that Walter Well’s father passed away on 03/26/2012, and that Walter was not working that week.
I notice that DA Investigator Kirk Bunch was again clenching his teeth, and resembling that “Silly Wabbit.” It is time for us to go to lunch. Marty Carlson will be doing the afternoon coverage. That is all.
Sincerely; William Thomas Jensen (Tom)