Day 106





It is all coming into focus for me. At long last, I can understand why this preliminary hearing runs on forever. Attending this hearing every day for 10 months has its advantages. We find out things that the Modesto Bee would never print. We find out things that usually are hidden from the public. Marty Carlson, one of the three primary bloggers in this case, was told why this trial is dragging on forever. He heard this from a person that he says is a very reliable source. If it is true, it confirms what I have suspected for a long time. According to the confidential source, Marlissa was told by DA Birgit Fladager to drag this preliminary on for as long as possible.

I think the DA knows that they have no chance of getting a jury of 12 to convict any of the defendants. The whole focus has been shifted to making the defendants spend their life savings defending themselves. The DA wants to inflict as much pain as they can on Frank Carson. They would like to destroy Frank Carson physically and mentally. Frank has lost a huge amount of weight in the last year, but looks to be healthy. All they have accomplished is making his resolve to prevail even stronger. Frank will prevail in this abomination of justice. When he gets out, there is going to be Hell to pay for the many players in this fiasco. They know their day is coming. They are just postponing the inevitable. Heads will roll, and this will be very costly for all entities involved.

I have said this before: “They don’t care how much this costs them.” The taxpayers will be footing the bill for what they will lose in civil litigation, and their legal costs.

Publicity is going to take this corruption down. They did not think that private citizens would step forward and print the truth about what is going on. We have had the good fortune of having frequent contact with NBC News Dateline on this case. When the shit finally hits the proverbial fan, the publicity will explode on those that have exploited our legal process for their personal agenda.

I attended the morning session today. We start out by going over a whole bunch of reports and documents that were provided to Jim Cook by DA Investigator Kirk Bunch. Judge Zuniga goes over all of these documents and has them marked. They are placed into evidence. Some sensitive information like home addresses will be protected by the judge, but the rest of the files will be available for the defense attorneys.

At 10:43 AM, Jim Cook is put back on the stand. He has been testifying for the prosecution since June 7th, and has earned another $50,000.00 just for his testimony. This 50 K is coming out of the DA’s budget. The previous amount of around $220,000.00 was billed to the Stanislaus County Sheriff’s Department. All of this money came from the taxes and fees collected by Stanislaus County.

Defense attorney Percy Martinez tells the court that Mr. Cook has been asked three times in court to reveal how much money he has made from law enforcement in the last two years. Three times, Mr. Cook has stated that he does not know how much money he made from law enforcement over the last two years. I am watching Jim Cook while Percy is speaking. Jim Cook is turning red.

Marlissa Fereirra starts objecting on grounds that it is invading his personal privacy. Judge Zuniga responds by saying: “They have a right to establish the strength of his bias.” Marlissa then starts arguing with the judge. This never works for her. Judge Zuniga: “I don’t need guidance from you Mam, I have ruled and you are really making me mad.” Judge Zuniga: “Mr. Cook, take the stand Sir.”

Cook has no choice. He has to reveal how much money he has made from law enforcement during the last two years. Jim Cook states that he has made around $400,000.00 from law enforcement during the last two years. This covers the years of 2014 and 2015.

Defense attorney Timothy Rien states that he is going to be on another case for Monday and Tuesday. He says one of his attorneys will fill in for him, and that Marlissa Fereirra has agreed to put on testimony that does not concern Walter Wells while he is gone. This trial has gone on so long, that the other attorneys are all having to take care of other business that has been put off multiple times. Timothy Rien objects to details of an autopsy on Walter Well’s father being contained in the papers that Kirk Bunch had provided to Jim Cook. Judge Zuniga is going to seal these autopsy records. There is absolutely no good reason for them to have been in the files. They are sensitive material that has absolutely no bearing on this case whatsoever.

Percy Martinez gets Cook to testify that he has no contract for payment from the DA’s Office, or the Sheriff’s Department. He testifies that he got a verbal statement from Marlissa Fereirra for payment concerning his testimony in this trial. It turns out that Cook has made around $50,000.00 since June 7th while testifying in this case. All of this sum has been billed to the Stanislaus County DA’s Office.

Marlissa Fereirra then asks Jim Cook some re-direct questions. She asks

Cook who he talked to concerning his son participating in this case. Cook says that he talked to Kirk Bunch about his son participating. Marlissa asks Cook if it was at this time that he discussed how the DA’s office was going to pay him for testifying. Cook says: “Yes.” It seems like Marlissa is throwing Kirk Bunch under the bus on this issue. She did not like it when Cook said that he had spoken to Marlissa about getting paid.

Jim Cook says that a Sheriff’s Department employee named Seth Rogers was the person he sent his billing to in the Sheriff’s Department.

Cook was asked if he had talked to Dave Harris about billing the DA’s Office. Cook said he did not recall. This is a very standard answer for a very evasive witness. Cook denied talking to Sheriff Adam Christiansen about getting paid.

Defense attorney Robert Forkner asks Cook if Kirk Bunch was the one who negotiated pay for his son Chris Cook. Jim Cook says: “Yes.”

Defense attorney Martha Carlton-Magana asks Cook if there were any contracts drawn up. Jim Cook says: “No Mam.” She asks Cook if he spoke to the Board of Supervisors. Cook says: “No Mam.” She asks Cook if he had an oral understanding for payment. Cook says: “Yes Mam.”

I think Jim Cook may be totally done with his testimony. I think he has been thoroughly destroyed on the stand. The DA and Sheriff’s Department certainly have not received any value for their investment. They don’t care. They spend the taxpayer’s money any damn way they please. It does not come out of their pockets. If they need more money, they get more from the Board of Supervisors. When the County runs out of money for essential services, maybe the Supervisors will put a stop to these political prosecutions.

Sincerely; William Thomas Jensen (Tom)