in custody days
The end is nowhere in sight
by Marty Carlson
This is the morning session of the Frank Carson et al. case for September 7, 2016.
Court started at 930 this morning court time though was actually 9:54 AM real-time.
First order of business was the Dist. Atty. advised that the transportation reports, concerning the recordings during those transports that the Insisting they didn’t have, are now in review with the supervisors and will be handed out to the defense soon probably tomorrow.
At that time in May Padilla retook the stand with Marlis of Ferrera doing cross examination. He talked about getting out of prison in 2012 and talk to my Cooley almost on a daily basis to buy dope. He stated it been by Cooley’s house several times before the day that my Cooley was as he called it “flipping out.”
Linda Sue Burns and Ricky Cooley, he stated, were not living there at the time that he was aware of. He also stated he never had any conversation about problems with the neighbors but did stayed at one time he was in the back and he saw a person go through the fence into the yard in the neighbor’s property.
He stated he does not know Robert Jaquish, but did say that Cooley was flipping out and saying “they got the boy last night.” He stated that Cooley was upset and appeared to be in some type of distress or distraught. He stated that Cooley pipe pointed to the ground by the barn and said this is where it happened.
At that time the Dist. Atty. showed the witness the pictures that he had marked yesterday, and also noted this time the district attorney was having a major problem get her getting properly asked questions out and seemed disoriented and confused.
Padilla stated that Cooley never said the reason that the people that had been down Korey were there in the first place. He also talked about some distances of different points in the yard and from the house to the barn.
He stated he never saw aluminum pipes on the other side of the France on Frank Carson’s property that may have been used for bait.
Law enforcement officers came to him while he was in jail in January 2014 to talk to him about my Cooley. He told him that Korey Coppens at Breaking into the sheds on Frank Carson’s property and did not know at the time “uncle Frank” was. But he did say that he was told who uncle Frank was through northern riders when he was in jail.
At that time there is multiple objections by defense attorneys as to the cross was not in the scope of the direct examination and we had the witness leave the stand for an offer of proof as to the hearsay exception.
The DA stated that Padilla was told Frank Carson was an attorney who work with Paul saying. And she said Padilla said saying had told everyone to not beat people up. The judge ruled it’s all hearsay and no other benefit and is not going to allow the testimony.
Percy Martinez argued that all the uncle Frank information is beyond the scope and several letters of hearsay the judge overruled that objection to the empty uncle Frank reference. Saying that Michael Cooley stated he did not know who took Korey Kauffman, and the January 21, 2014 interview or knew what happened. Apparently Michael Cooley also stated that he was told to keep his mother fucking mouth shut.
Robert Forkner objected stating the transcript of the interview is different from what the Dist. Atty. questions and representations are saying, and Mme. DA countered with that she is reading from the actual police report, and Robert Forkner again said that’s what he’s talking about as it is different from the transcript of the interview.
The witness also stated in the original statements that Michael Cooley said the homicide happened because uncle Frank was tired of ship getting ripped off and apparently there was some type of theft or attempted theft of an Indian motorcycle. He stated there was a small fenced in area by the barn that looked like it was once used as a dog pen in the area where Korey was killed.
Cooley said that the body was taken away in a white king cab pickup belonging to somebody name Bobby, but unknown last name. He also stated that my Cooley never knew that Korey Kauffman was not breathing or was in fact dead, and his body had been placed in the truck but was not sure who had done it.
Padilla stated he was asked to wear a wire several times by law enforcement officers after they got him out of jail and January 2014, to talk to Cooley with a wire. Padilla also stated that Cooley had said they had ripped off at least $100,000 worth the property and in the second interview had stated Frank Carson wanted to make an example of Korey Kauffman.
At that time we took a break and when we returned the judge was reviewing the rap sheet for the witness Padilla, and relaying some information to the attorneys.
The judge did ask Mme. district attorney what her exception to the hearsay rule was, and she stated the Frank Carson want to make an example out of Korey Kauffman and that my Cooley was saying different versions of his story, thus leading to a hearsay exception. The judge then sustained the defenses objections.
Padilla they got back on the stand and stated again he was asked to talk to Cooley wearing a wire and at that time Cooley didn’t really want to talk about it and told him you do not want to get involved. And he also said that Frank Carson had got the kid.
Multiple defense objections arose again and the judge ruled it is and it and inconsistent statement and allows it to be answered. That led to a long argument by all attorneys involved about allowing hearsay evidence, statements and prior inconsistent statements. And that also included a long narrative bar Melissa Ferrera doesn’t know when to cut her losses, or to stop talking when she went. The defense Saying the prejudices outweigh the value of the DA’s argument the judge overruled their objections.
Padilla came back on the stand and he stated that Cooley stated that he was going over the fence with Korey that night that he and Eula got an argument and started fighting so he wasn’t there when Korey got caught.
Again his plea to defense arguments that saying now Michael Cooley cannot say what happened due to he was not there nor did he see what happened. The judge overruled again.
Padilla stated that the day later he again wore another wire in a conversation with Cooley and he had told Cooley he wants to do the right thing for Korey’s family. And he stated Cooley stated said everyone has been looking for Korey.
Again Padilla was asked to leave the stand for an offer of proof in the DA said there was a statement by Cooley that are now relevant since the defense has accused Cooley of murder. She gives a list of inconsistent statements made by Cooley and the judge agreed that the statements go to state of mind are and are all relevant which was no surprise to me.
Padilla stated that Cooley also said in 2014 that they had found Korey’s body and stated he would do anything for that boy. He again stated that Korey left his house and it was a last time seeing that pickup it was probably somebody else. He also stated there were some dirt bags there but he never identified who those dirt bags were and Cooley said on his mother grave he didn’t see anything and told Korey to not go there, but apparently Korey had gone through Cooley’s property to go through the fence.
That was the end of the morning session the afternoon will be covered by Tom Jensen and that is to start at 1:45 PM or any time after 2 PM.