SOME PEOPLE NEED TO GROW UP
IT IS TIME FOR TOMMY TO RANT
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
Judge Zuniga was on time to the courthouse this morning. There was a rather lengthy private meeting in Judge Zuniga’s chambers, and we were allowed to enter the courtroom at 10:48AM. CHP Officers Scott McFarlane and Eduardo Quintinar were in the courtroom. They were instructed to return to the courtroom on March 23rd to continue their cases. They are being tried separately from the rest of the defendants in this case.
It is announced that Korey Kauffman’s clothing that was found with his remains in the mountains will be returned from the laboratory on January 22nd. This is the second time that the prosecution has sent the clothing out for analysis. The first time showed that there was no evidence of blood on any of the clothing.
Judge Zuniga now states that the discussion in her chambers concerned the new discovery that was provided by the prosecution on Friday, December 30th. She talks about how 81 recorded interviews were turned over, plus 2 files as well. It is revealed that an additional 24 recordings were provided to the defense attorneys today. The date is significant, because on January 1st, a new law went into effect that makes it a Felony for a prosecutor to intentionally withhold discovery.
The new discovery totals 108 items. Marlisa Ferreira now goes into each one of the newly discovered items. She states that eight of these items had previously been discovered to the defense before the preliminary hearing began. She states that 39 of the items were provided in police reports, and that 4 of the items were provided in transcript form. She states that 28 of the items were provided in videos that were previously discovered. She states that 54 of the 108 items were never discovered in any manner previously.
Now it gets really interesting. Marlisa states that she turned over additional discovery to the defense this morning. This seems to greatly anger Judge Zuniga. Judge Zuniga: “I asked you in chambers this morning if there was any more discovery, and you said NO. You could see the heat waves emanating from the bench at this moment. Once again, this discovery comes after the new law has gone into effect. The DA could be guilty of a Felony.
Defense attorney Robert Forkner states that he has provided the judge with a packet of the new discovery that Marlisa Ferreira turned over this morning.
Defense attorney Percy Martinez states that the new discovery consists of over 100 hours of videos that he will have to review. Percy states that he will need more time to go through this new discovery before the defense can rest their case.
Judge Zuniga states that she will give the defense until February 7th to review this new discovery, and that she needs the time to review the Brady Violations and make her decision on sanctions that will she will impose on the DA. I do not think that it will go well for the prosecution. We are getting close to something wonderful.
Defense attorney Martha Carlton-Magana states that: “I have rested my case.” She states that the first 30 pages of a Robert Woody interview just turned over concerned the search of his property, and then about the automobile accident that occurred while her client Baljit Athwal was being transported. She states that the written reports on this were not accurate, and there was remarkable Brady Material that had just been turned over. Martha states that the Bobby Tickner inteviews had never been turned over. She states that there are 108 separate contempt of court violations that occurred. She states that the law concerning the withholding of Brady Material changed on January 1st, and that it is a Felony now. She states that it is not a coincidence that the prosecution has feverishly been trying to turn over discovery before this law went into effect. She states that all the new discovery supports innocence, and that there is ample proof that the DA was aware of the Brady Material. Martha states: “This thing should be over, but will go on for months now.”
Defense attorney Percy Martinez states that he had his staff contact the DA concerning the 03/03/2014 Robert Woody interview. He states that the DA’s Office told him that: “You have everything.” When asked by Judge Zuniga who was contacted at the DA’s Office, Percy said that Ms. Soria was contacted. Percy states that Ms. Ferreira stated in court that: “You have them all.” Percy states that: “There is a lot of Brady Material in the interview.” He states that there is much more Brady Material in the video of this interview than what was contained in the police report. Percy states that Robert Woody was told that the police would: “Bend over backwards to help him.” Percy states that Robert Woody denied having anything to do with the transportation of the body of Korey Kauffman. Percy states that Robert Woody was told on the 03/03/2014 interview that Steve Jacobson would be picking him up on 03/04/2014 so that he would have another interview. Percy: “We do not have this interview that was done on 03/04/2016.
Defense attorney Timothy Rien states that: “Since I rested my case concerning Walter Wells, I received an E-Mail informing me of new discovery on 12/30/2016.” Timothy Rien states that the actual discovery discussed in this E-Mail was just received by the defense attorneys this morning. He then states that this discovery was followed by more discovery from the prosecution that was provided to the judge this morning by Robert Forkner. Timothy Rien states that he will need until February 7th to review this new discovery.
Defense attorney Jesse Garcia now speaks about how DA Investigator Steve Jacobson is preparing summaries of all discovery provided to date in this preliminary hearing.
Defense attorney Robert Forkner asks Judge Zuniga to delay making her decisions on sanctions until the defense attorneys can review the magnitude of the Brady Material violations. Robert Forkner states that Steve Jacobson testified on the stand that the interview of the Woody family was not recorded. Forkner states that Jacobson testified that another interview of the Woody family was not recorded. Now the recordings are being turned over. He lied on the stand twice concerning this.
Judge Zuniga: “I need time to have a full understanding of the Brady Material violations.”
Defense attorney Hans Hjertonsson: “Eighty two violations has now grown to 108.” Hans: “I am afraid that this will continue in the future.”
Judge Zuniga: “Ms. Ferreira, are you still planning on making a master index of all the discovery?” Marlisa makes excuses about the DA’s Office being understaffed and overworked. Poor baby. At this time Marlisa Ferreira looks just terrible. She reminds me of the “Sea Hag.”
Judge Zuniga: “Have the problems in the DA’s Office been resolved?” Marlisa Ferreira: “We had meetings at the DA’s Office every day except Christmas Day and New Year’s Day.” Judge Zuniga: “I want an answer by our next court date.” Judge Zuniga: “My concern is that these things keep popping up.” Judge Zuniga: “I don’t want to come back on February 7th, and find out that you are turning over additional information.” Judge Zuniga: “This thing has got to end.” Boy do I agree with that. Judge Zuniga gave Marlisa Ferreira until January 19th to provide her with ANY additional discovery. Judge Zuniga tells Marlisa Ferreira that she need to use an auditor to make sure that everything is turned over to the defense. Marlisa agrees that an auditor needs to be used. Judge Zuniga instructs Marlisa to turn everything over to her by January 19th, and to provide this information to the defense attorneys by that date as well.
Well, I am done with my report for the day. The last fifteen months have been like tip toeing through a mine field. Today was certainly like that.
Sincerely; William Thomas Jensen (Tom)