HERE IS THE MORNING REPORT:
This is court day 145, and in custody day 429 in the Frank Carson et. all preliminary hearing. Court was supposed to start today at 10am, but started at 10:20am. Today’s first order of business came when Robert Forkner mentioned that Johnny Padilla (who testified 2 weeks ago), is still sitting in county jail. He has yet to be sent back to the prison he came from. There was some order that was not processed properly (surprise surprise!). So that was discussed and dealt with.
Percy Martinez then made a comment about the District Attorney’s response to the Misconduct Motion being held this Thursday. The information that was in the Ramey warrant was used in the District Attorney’s response. Part of what is in this motion is that the DA has released personal information involving the defendants in the Ramey warrant, and they in fact did it again in their response to this motion. In other words, the DA did not keep personal information such as Social Security numbers, etc. private. Three of the defendants, Frank Carson and both Athwal brothers had their social security numbers, Drivers license numbers and birthdates exposed.
Percy Martinez went on to say that this is the exact conduct he is talking about in his upcoming motion. He stated that there is no way that this can be considered an over sight. In my opinion, an oversight is forgetting to lock my front door, not accidently posting someone’s SS#. This action is absolutely the lowest, most vindictive thing the DA could do (other than locking these innocent people up for over a year). Percy stated that Frank has had fraudulent activities occur from the past violation that the DA did. He has had people try to steal his identity. The judge right away spoke to the clerk to remove that motion from public access (now that its been on the internet for a week). That was on the high profile page of the superior court website. Madame DA claimed this was an over sight on her part, as well as the “new” person working in the office who did not know any better. She apologized but it did not seem sincere at all. The DA immediately began asking for police reports to investigate. This is when things got nasty.
Percy Martinez said that Frank Carson will not allow anyone from the DA’s office to investigate this, as it is a conflict of interest. He will not give them any personal information either, such as credit card numbers, ect. Things got super hostile. Ferreira’s cavalier attitude began to infuriate the other attorneys, as well as the defendants. At 10:50 we took a break to allow every one to calm down. We returned at 11:04 and again Percy Martinez started in and wanted the name of the person who posted the document and did not perform due diligence. The judge would not release the name and took personal responsibility for it. She felt it went through her first, and she should have noticed it.
Percy then asked for the Attorney Generals Office to investigate this issue, and asked the court to let them get involved. He also asked for a declaration on how the Ramey warrant was posted and removed back in August 2015. The DA obviously got indignant, like she always does. She feels it’s not appropriate to give a declaration. Corey Brown who allegedly wrote the Ramey warrant will be here Thursday and can be cross examined at that time. Ferreira doesn’t feel it’s appropriate for the Attorney General to investigate a fraud investigation (like this person has room to talk about what’s appropriate). She said there is no proof of anything and that Percy Martinez is trying to “bully” the court. She really went there folks, she thinks Percy is a bully. Pot calling the kettle if you ask me.
The judge said that the defense is making allegations and it’s not appropriate at this point. She does not understand why the defense wants to see proof of who posted what (ummm maybe because Frank wants to know who is responsible for someone stealing his identity,). The judge said if Corey Brown did not make the decision of posting the Ramey warrant on the website (she then looked at Ferreira sternly) then there will be a serious problem. Which I’m gonna assume by “problem” she means she is going to raise her voice at Ferreira. We know there are no real punishments going on for egregious behavior on the prosecutions part. So that’s part of the reason why Corey Brown will be coming Thursday. If he had nothing to do with the posting, then there will be a problem. The judge made this clear to Ferreira.
Percy asked again for the Attorney General to investigate the posting and any injury that incurred to the defendants. It is a conflict of interest for the DA to investigate what may have been their actions that caused these problems. He also stated he wanted no county agencies (which he then named off), to investigate. The judge then refused to direct this to the Attorney Generals Office. She stated that Frank Carson can contact them himself. The judge asked the DA if they are willing to send this issue out to another agency. The DA said it can be forwarded from their office to the Attorney General. Remember, she said it is inappropriate for the attorney general’s office to conduct an investigation on this matter. Then she says they can forward the matter to them? This makes about as much sense as Kirk Bunch being hired as a DA Investigator.
Percy Martinez advised that there will be another attorney working on this matter, and they will advise the court on what will be done. Martha Magana then advised the court that the demeanor of the DA in this situation is “appalling”. She believes that it is a crime to publish personal information on the internet of people. She is aware of the past ID issues that have gone on since the publishing of the Ramey warrant. She said there has been egregious behavior that has not only affected the defendants, but their families as well. District Attorney immediately got indignant to Martha’s comments, stating that this is a personal attack. She requested a break to go discuss this with the Chief of Staff and the DA herself. The judge denied her a break at this time.
The DA wants to get down to the bottom of these allegations. I’m sure she is just chomping at the bit and can hardly wait to seek justice against whoever stole Frank Carson’s identity. (Major eye roll here). The judge advised DA to contact her office and make an appointment with Birgit Fladager, and she may leave a few minutes early if she needed to address this matter. Also, they started to call Robert Woody. Counsel Haro was in court and advised the court that he had filed a response to the motion taking place on Thursday. Marlissa Ferreira was initially going to stand in joint motion with her. He advised the court he will be back on Thursday.
11:30 Woody finally took the stand. Martha started her cross again and was asking about Robin Attenhoffer and when they went to Mariposa Co. with the body. They were discussing an 8/15/2015 interview and he did answer one question about what happened and how she had gone with him. Martha was reading into the record, a transcript with Steve Jacobson and Sgt. Domby (CHP). She then read from a transcript from 7/22/2016 and statements that were made in that interview (to show inconsistent statements).
This is when court broke for lunch. Court was let out a little early so the DA could discuss the incident that happened today with her boss. Stay tuned for the afternoon report!