Just for the record
by Marty Carlson
This is the afternoon report for the Frank Carson preliminary hearing, Tom Jensen will do the morning report there was not much to report but he is going to put something out pretty soon.
The afternoon session started with detective Cory Brown from the Sheriff’s Department in the court to try to confirm what the empty envelope contained in one of the two boxes that were provided to the court by the DA when they were inventorying all those warrants and legal documents.
The envelope had an evidence seal across the top of it securing the top opening but apparently somebody had slit open the bottom and I guess they finally figured out that there was a CD in there that contained either a warrant or an affidavit. There was an extreme amount of confusion in the court by all parties involved due to try to figure out what the issues were here, and in fact in my opinion this is a massive legal quagmire that is going to have to be dealt with at one point, especially if this goes to trial.
The reason for that is all warrants that are signed by a judge have to be kept in the court file for safekeeping. There was a long discussion about the location that these documents were all save at and Mme. DA Saying that she did not know where they were That or where they were stored all this time. But the judge reminded her of her ascertain to the court last Thursday when they brought them and that they were kept that the evidence locker at the DA’s office.
Mme. DA did not want to commit to anything that she said in a long argument ensued especially between her and Martha Magana and she finally had to text Kirk bunch to confirm where they were as he is on vacation right now. The situation got very volatile at one point and Melissa Ferreira kept wanting to take control the judge Wrestling a back from her and the defense attorneys kept wanting to dispute her claims, especially since they are constantly changing.
The DA was getting very agitated and extremely pissy and in fact at one time the judge advised her to watch her tone of voice in addressing anybody in the courtroom.
This circus lasted until after the afternoon break about 3 o’clock as Capt. Kirk our wannabe cell phone expert took the stand the judge made what I thought was a very interesting comment as she was clearing up some issues from yesterday’s motion hearing.
She stated to the Dist. Atty. “that at this time there is no information available as to a conspiracy to commit a homicide, nor is there a conspiracy to cover up a homicide, as she is saying no evidence as to pipes being used as bait to lure somebody into the property etc.”
Now I thought that was a substantial bit of information on how the judge’s feeling about this and she’s letting the Dist. Atty. Know she probably has to put Robert Woody on thestand or some evidence to confirm with their wild allegations are.
At that point Martha Magana started doing cross examination on Jim cook and was talking about the cricket cell sites and how they related to Korey Kauffman. Again we go through questions that he basically just does not want to answer you can’t say yes or no and he was asked if a certain cell site was in working order in 2012 and he said he’s unable to answer the question. After a bit of prodding by the judge basically he said he did not know. Here is a man that cannot admit that he doesn’t know something.
Martha Magana started asking cook about how much movement has to be made for the device to connect to another cell site he started getting the dance fever again and there are multiple objections from multiple attorneys that his answers are nonresponsive and the judge chief ruling that there nonresponsive. This goes on for the remaining hour or so and finally a little after 4 o’clock this painful cross-examine was put to rest for the day.
The judge advised all attorneys that she received a response from judge Rigby from Madera County which he stated when he was asked via email if he has copies of the Remy warrant for any other affidavit said he’d signed and apparently he does not keep copies or the originals. So there’s some warrants out there is still have been found yet and the DA’s office these have a bigger problem now is a don’t even know the proper. Court procedures for dealing with signed served warrants
That was the end of the day just for a scheduling tidbit next Monday does not start until 1:30 PM because of some conflict with some attorneys and were SRC and as more and more to this case is drug out more and more and they have a lot of other courts are demanding attorney’s appearances now because this preliminary hearing has lasted so long and the DA’s office is still in her case in chief.
I would also like to make note that somebody feels it’s appropriate to try to intimidate people in the audience by glaring at them from the prosecution side of the room. Maybe his bow tie is too tight I don’t know. Maybe he needs to worry about his damn job and quit worrying about my mine.
I’ll say it again that I’m going to continue to say it, if the District Attorney’s Office had any integrity whatsoever they would come into the courtroom and dismiss this fucking case.