SOMETIMES YOU SIMPLY CANNOT MAKE THIS STUFF UP
by Marty Carlson
This is the afternoon report for the Frank Carson preliminary hearing for July 14, 2016.
This a be a short report as court was only in session until 2:45 this afternoon but it did have a little bit of drama involved in it.
It started out with an email that was received by the clerk in the courtroom from an Alameda County District Attorney’s Office asking when this hearing was going to be finished, as there waiting for Jesse Garcia in a pending case. The question brought a large chuckle from everybody in the room they get that’s a question everybody is asking in this monstrosity. The judge advised that she would respond to the email in devising there for or appropriate response but she wasn’t very clear but I don’t think she knew what to say at this point.
Melissa Ferreira was doing re-direct examination on the cell phone expert Jim Cook and it was nice to see that old swagger back in Mr. Coates face and his ability to answer questions finally returned I guess it was simply because you’d be in asked questions by the Dist. Atty. which is back in his comfort zone. It was obvious to me that Melissa Ferreira was trying to rehabilitate this gentleman’s decimation by the defense team.
She was talking about a trip to the mountains on June 26, 2012 that Baljit Atwahl had taken, and then all of a sudden began talking about a phone call from Daljit Atwahl. And things got very confusing at that point as a usually do because she can’t keep a fluid thought process going. The witness said that the phone call was not put on the map in the PowerPoint presentation as it was not a map able event. Which I thought was very interesting that he’s making all these representations about other things but apparently there are not Mapp able events with cell phones that he hasn’t talked about this before.
The DA also trying to establish that the witness has had some ideas and understandings with FBI agents in the past and worked on cases it was kind confusing what she is trying to establish that I guess giving credibility to the talk to the FBI it doesn’t mean that he’s done anything, the judge then admonished her were none relevant testimony.
Jim cook also admitted that not all calls were mapped as became obvious as far as Walter wells was concerned, because many calls had to be vetted out because of the mass number of calls and that decision was made by Kirk bunch of which calls to not be mapped out.
I also noted that the witness’s demeanor was extremely different in this particular question and answer. He did not have from dancing questions yes or no and giving precise answers as he did when he was being cross-examined by defense attorneys, and he obviously didn’t show the disdain for the system with the DA talking to him.
The DA try to talk about some landline phone calls that were made to Frank Carson’s law office, and the witness advised that those would not be documented in the historical records. The DA began asking about landline records and if he reviewed and start leading to multiple objections which was led by Jesse Garcia, who was feeling like I was at the time that this gentleman was certified as a cell phone expert and now they want him to testify to landline phones and service, and namely talk about phone calls that they have no record of so they don’t know if they occurred or not. To be perfectly honest with you this was a silly thing to do and made the DA look kind of foolish.
Again there was multiple objections and arguments and the judge took it under submission and it was the end of the day on the short day today and the judge will make a ruling on that later on when we can reconvene on Monday, remember the start time Monday is 1:30 PM.