TELL ME LIES, TELL ME SWEET LITTLE LIES
FRANK CARSON ET. AL.
BY WILLIAM THOMAS JENSEN (TOM)
Today, defense attorney Timothy Rien continued his lengthy cross examination of self-proclaimed cell phone expert Jim Cook. Between what Marty Carlson saw this morning, and what I saw this afternoon, Mr. Cook was caught telling at least 3 lies on the stand. When caught on his afternoon lie, Prosecuting DA Marlissa Fereirra, Jim Cook, and Kirk Bunch all huddled around the prosecution table whispering to each other with sick looks on their face. Kirk Bunch had a red shirt on, and his face was turning a color that matched his shirt. Marlissa Fereirra had that pale complexion with a sick look, and Jim Cook turned pink. He reminded me of Porky Pig at that time. He knew he had just been busted, and there was no way out of the situation. I will not try to paint a picture for you of what happened in the afternoon session. Things once again did not go well for the fairy tale that the prosecution is attempting to present.
We start out by the announcement that Jesse Garcia has a doctor’s appointment on Tuesday, and court will not start until 1:30 PM.
Jim Cook then takes the stand, and defense attorney Timothy Rien starts out by asking Jim Cook about approximately 91 cell phone communications associated with Korey Kauffman’s Crickett cell phone between 03/29/2012 and 04/16/2016. Timothy Rien hands out copies of instructions issued by Crickett on using the cell phone data records. On the instructions, M is used to signify a mobile device, and L signifies a land line. The instructions state that all non Crickett incoming calls will be labeled with a L. It turns out that these 91 calls were not answered on Korey Kauffman’s cell phone. Each and every one of these phone calls were asked about by Timothy Rien. Jim Cook was trying to show that the cell phone was shut off most of the time. Timothy Rien was able to show that his assumption was not necessarily true. Rien was able to show that when a cell phone call was not answered it could have been because the device did not connect with the network. It was shown by Timothy Rien that Korey Kauffman’s cell phone was only contacted by cell phones associated with Eula Keyes, Michael Cooley, and a person named Lori Freitas. I was told that Lori Freitas is closely associated with Eula Keyes and Michael Cooley. It appears that there is strong evidence that the cell phone was in the possession of one of these three people during the time that the 91 calls were made. For some reason unclear to me, the phone was turned on and calls were made to the phone by these three people only. Walter Wells cell phone did not connect with Korey Kauffman’s cell phone in any of these 91 calls.
Timothy Rien then asks Jim Cook if his analysis shows that Korey Kauffman may have been kidnapped. Cook answered: “No.” Rien then asks Cook if the data shows that Korey Kauffman’s Cell phone could have been dropped or lost. Cook answers: “No.” Rien: “Could a stranger have picked it up and carried it off?” Cook: “No” Rien: “Could it have been picked up by an acquaintance?” Cook: “No.” Timothy Rien asks Cook if he was told by Kirk Bunch that Eula Keyes was an acquaintance of Korey Kauffman. Cook: “Not that I recall.” Rien: “Could the phone have been taken in a robbery?” Cook: “No.”
A slide is put up that shows the people associated with Walter Wells. It included Jessica Crisp, Daljit Atwal, Pop N Cork’s land line, Eduardo Quintaro, Scott McFarlane, Robert Woody, and Ryan Schmidt.
Timothy Rien then asks Cook about Ryan Schmidt. Cook says that Ryan Schmidt was a handyman that worked for Frank Carson. Timothy
Rien then springs a trap on Jim Cook. He asks Jim Cook where he got that phone number. Cook says he got the number from the AT&T call data records. At this time, I see Marlissa Fereirra biting her lip, and turning pale. Jim Cook is allowed to go to the prosecution table, and huddle with Marlissa, Kirk Bunch, and his son Chris. They whisper and try to come up with some answer to Mr. Rien’s question. Kirk Bunch turns as red as his shirt. Marlissa has a sick look, and is pale. Jim Cook turns pink and looks like Porky Pig.
Jim Cook finally goes back on the stand, and Timothy Rien asks him the question once again. Jim Cook says there are no records that support his assertion that the cell phone call was made by Walter Wells. Timothy Rien gets Jim Cook to take Ryan Schmidt off of Walter Wells list of associated people. It was obvious to all of us that they were caught in a lie, and were trying to pull the wool over the court’s eyes. Jim Cook is allowed to step down for the day.
Judge Zuniga starts talking about making a ruling on the work product privilege claim by Marlissa Fereirra two days ago on papers taken from Jim Cook’s binder that he uses for testimony. Judge Zuniga: “I went back and looked at your argument, the focus was on the smaller document, but I also looked at the telephone numbers.” “Your argument yesterday focused on pages 1-16 that contained questions and expected answers.” “I am looking at arguments that Percy Martinez made.” “You need to look at the people vs Milner.”
Judge Zuniga states that Marlissa did not have to show her the work product papers, and that by showing them to her, Marlissa had opened it up for her to rule on their admissibility. Judge Zuniga states that once an expert relies on them for his testimony, her claim of privilege is destroyed. Marlissa has the sickest look on her face I have seen thus far in this trial.
It is late in the afternoon, much later than we usually go. Defense attorney Robert Forkner tells the judge to “Ask him now.” Judge Zuniga says: “OK.”
Cook is put back on the stand. Marlissa: “Did you rely on these papers for your testimony?” Cook: “No” Marlissa: Judge Zuniga cautions Marlissa that she has to be careful. Marlissa: “You familiar with pages 1-16? Cook: “Yes.” Marlissa: “Did you rely on these for your testimony?” Cook: “No.” Marlissa has no further questions.
Defense attorney Robert Forkner then takes over on cross. Forkner: “who drafted pages 1-16?” Cook: “Marlissa Fereirra.” Forkner: “Did you have conversations with Ms. Fereirra on these pages?” Cook: “Yes.” Forkner: “Did you discuss your answers?” Cook: “No.” Forkner: “Why were the pages in your binder?” Cook: “I used them as a reference or a guide.” He just stuck his foot in his mouth. Marlissa looked like she was having birth. We were done for the day. Mr. Cook just destroyed Marlissa work product privilege.
Sincerely; William Thomas Jensen (Tom)