By Warren Yates

I am writing this article on July 6, 2017 and I am highlighting some of my prior comments from past commentaries. You will understand the title better as you read through the article. It will be obvious that Lady Justice has been a victim of perversion and rape at the hands of the Stanislaus County District Attorney’s Office for years. One of the final non-consensual acts of gross misconduct occurred on May 1, 2017. That final act involved Mark Davis once charged with numerous felonies. Read on.

12 3 15
“This is an addendum to the article above it. I had already finished the article above to submit, when lo and behold I awoke this morning to an article in the Modesto Bee regarding the Korey Kauffman case. So I will now expound on my opinions of the latest Bee article. There was no mention in the article about why there had been no coverage of the preliminary hearing for nearly 2 weeks. As that pillar of journalism the National Enquirer says “Inquiring minds want to know”. Will we ever?

I am bewildered about what source Mr. Ahumada received the information for this article from. Mr. Ahumada has been as scarce as hen’s teeth in the court proceedings for nearly 2 weeks. I saw him prior to court starting on Monday standing down near the rest rooms. He did not show up in court. Another observer said they saw him talking to “Mr. Microphone” Mark Davis. That may be where he received his information from. Just saying…

DA Ferreira stated that she had received information from someone in court today that attorney Robert Winston had in fact been invited to observe by Mayor Carmen Sabatino. The judge had no idea who Mayor Carmen Sabatino was and DA Ferreira volunteered the information that he is a former Mayor of Modesto, that is been here every day and that Frank Carson represented him in a case the DA brought against Mayor Sabatino. The only thing Ms. Ferreira didn’t volunteer was that the Dist. Atty. lost the case against Mayor Sabatino.

In looking around the courtroom to try to figure out who the snitch was that informed the Dist. Atty., it was a consensus of the gallery after a straw poll, that the snitch could be none other than Mark Davis a.k.a. Mr. Microphone. It could be that he’s putting that wire the district attorney gave him to good use”.

5 27 16 – “While after checking the court index it appears that we have a brand-new “continuance champion” crowned in the person of Davis. Davis was arraigned on numerous felony charges on September 14, 2011. Now five years later, since that time he has had not 23 or 24 continuances, but I got dizzy and stopped counting at 110 continuances. But no deals here. (Note sarcasm). I understand that he was contacted by the Guinness Book of World Records but he had no comment. (Just kidding, I think).

It is known by all of those in the know, that Davis wears a wire at all times. A wire that deputy district attorney Melissa Ferreira proudly confirmed in open court that they provided him with. Ever since that time, Davis is referred to as “Mr. Microphone” and coming to a conversation near you”.

12 28 16 – “Martha Carlton Magana then mentioned that “Mr. Microphone”, Mark Davis had worn a wire against Mayor Carmen Sabatino. Melissa Ferreira then stated the defense is constantly telling half truths. (Coming from her I thought that was rather funny). It was openly admitted in court by Ferreira eventually that they had provided a wire to Mark Davis to surreptitiously record anybody he could”.

11 20 15 – “Mr. Martinez asked if the DA wires a responsible person, how long do they have to know the person. Lingerfelt said 1 to 2 days. Well it appears that the DA’s office knows Davis really really well for over 4 1/2 years. The next question becomes, who determines what the definition of responsible is”?

12 17 15 – “But lo and behold parked in the street in front of the court was Mdm. deputy Dist. Atty. and Special Agent Kirk Bunch loading their vehicle with their case. Huddled together with them was Mr. Microphone, Mark Davis. Our first thought was that they were in a high-level conference sorting out the hard day in court. But then, our sixth sense kicked into action and we realized that Mr. Microphone may have just been obtaining new batteries for the wire the deputy Dist. Atty. Ferreira admittedly provided for him. So, watch out people “there are ears around”.

2 5 16 “I had to leave a little early before lunch to take care something on another case and when I got back from lunch break, they were playing a tape of Miranda Dykes episode with the wire. We in the back of the gallery found the tape to be hard to decipher because of static noise. I thought at the time, detective Lingerfelt should have borrowed the wire that they gave to “Mister Microphone” Mark Davis. I’m sure the one Davis has is state-of-the-art.

Now for the incident I alluded to in the second paragraph above. There were many people standing in the hallway during a break in the proceedings in Department 26. One of those was Davis standing right by the exit door. Kurt Bunch was standing there also. As Mayor Carmen Sabatino walked by Davis, Sabatino merely asked “When’s your trial Mark?” Davis in a rude and threatening response said “Fuck you”.

Bunch who may be one of the district attorney’s investigator handlers of Davis, immediately stepped in between facing Mayor Sabatino with his back toward Davis and escorted Mayor Sabatino out the door. The one that should’ve been escorted out the door should have been the foul-mouthed County snitch Mr. Microphone. Bunch could have escorted the real troublemaker out without worry because the district attorney investigators still have Davis by his peaches or in Davis’s case, maybe marbles. Mayor Sabatino stated that Bunch better never ever touch him again.

Hopefully Davis’s handlers at the District Attorney’s Office will muzzle the mutt so that his obscene outbursts will cease and desist.

It is obvious that the District Attorney’s Office is expecting to extract something very special from Davis since his felony charges have been put off for many years with way over 110 continuances thus allowing Davis to evade justice. However, the citizens of Stanislaus County and the people of the State of California are being denied justice in Davis’s cases. The delay by the Stanislaus County District Attorney’s Office in prosecuting Davis is like three-day-old fish. “IT STINKS”!!! Thus, the title of this commentary “Justice Delayed Is Justice Lost.

The citizens of Stanislaus County should demand that the District Attorney’s Office proceed immediately with the prosecution of this privileged defendant charged with numerous felonies including grand theft, conspiracy and perjury”.

7 7 17 There were two other defendants in the case with Davis. One of the defendants, Janelle Llorens, was intimidated into pleading to a felony after being over charged with multiple felonies in order to scare her from going to trial.

The other person charged along with Davis was AJ Pontillo. He was charged with six felonies. Mr. Pontillo went to trial and was represented by Frank Carson. After a lengthy trial, the jury came back and acquitted Mr. Pontillo of ALL charges. This was one of the many high profile cases that the district attorney prosecuted against the citizens and was then soundly defeated by Frank Carson in court.


With all of the continuances and delays in prosecuting Mark Davis, a preliminary hearing was scheduled for September 6, 2016 but that date was vacated. On May 1, 2017 another preliminary hearing was scheduled and that date was vacated. On that same date May 1, 2017 often referred to as May Day was really a “miracle” day for Mark Davis. On that day, all of his charges were dismissed.

From the Stanislaus County Court Index:

05/01/2017 Status CASE CLOSED
05/01/2017 Report CASE DISMISSED
05/01/2017 Report CASE DISPOSED
05/01/2017 Hearing PRELIMINARY EXAM – DEPT 7 05/01/2017 09:30 AM
12/19/2016 Hearing PRETRIAL – DEPT 7 12/19/2016 08:30 AM
12/16/2016 Hearing PRETRIAL – DEPT 7 12/16/2016 08:30 AM
09/06/2016 Hearing PRELIMINARY EXAM – DEPT 7 09/06/2016 09:30 AM

So now Davis is running around free as a bird with no apparent worries of being prosecuted. He has also had his bail license reinstated. I’m sure that the District Attorney’s Office has a vast supply of Davis’s business cards to hand out to arrestees and the arrestees will probably receive a special discounted DA rate.

This is an absolute slap in the face to all law-abiding taxpaying citizens of Stanislaus County. These egregious miscarriages of justice, because Lady Justice has had many miscarriages at the hands of the Stanislaus County District Attorney’s Office under the leadership of Fladagar. Lady Justice only hangs around praying for a groundswell of support to dethrone the penthouse goddess of the secret top floor. As more and more people become victims of the vindictive nature of the district attorney, they should demand that she not run again for district attorney and bring more shame upon Stanislaus County.

That being said, citizens should demand accountability from the District Attorney’s Office for allowing one of their wired snitches to escape serious felony charges while thousands of others charged with serious felonies do not have the same “grease” with the district attorney that Mark Davis has. The Board of Supervisors who provide the funding for the District Attorney’s Office should be put on notice by their constituents, that if a detailed and thorough investigation of the District Attorney’s Office by a “Special Counsel” is not requested, all of those supervisors refusing to do so should be removed from office.

Stories like this should be headlines in the Modesto Bee but because they are in bed with the district attorney, truths such as these will never see print their paper. They have obviously colluded (That word is getting tossed around a lot lately on the national level) with the DA and become complicit in hiding the DA’s judicial misconduct.

We have seen the Modesto Bee go from having a full block between H and I streets with mighty huge printing presses resonating throughout the building, to having the mighty buildings sold, having papers printed in Sacramento and trucked to Modesto for distribution, to moving into the third floor of the old Penny’s building on J Street. That is a huge come down from the mighty giant they used to be here in Modesto. Maybe if they started printing the truth about local politics they would have a much higher and well-paying circulation. Karma is a b***h but well deserved in this case.

As a sideline to my above commentary I wish to add a personal experience that happened to me. On June 19, 2017 I was in Department 10 for preliminary hearing on one of my cases. During the course of the hearing which lasted two days, Kirk Bunch and Marlissa Ferreira had occasion to come into the courtroom carrying abundance of binders and files for a case apparently that was scheduled to go on.

But, due to the length of the preliminary hearing I was on that was not possible. I was seated in the gallery at the time and when they came in they obviously saw me sitting there as they passed me by to go toward the “well”. After being advised that their case would not be going that day, they turned to walk out and as Kirk walked toward me he gave me a gentleman’s look and a nod which I appreciated considering some of the things I have said about him in my commentaries.

Marlissa on the other hand, walked right past me with her nose stuck up in the air as if to escape the odor of her feet. And I acknowledge that I have said some things about her in my commentaries as I did Kirk but I was not worried about getting charged with a libel or slander because the positive defense for both of those is “TRUTH”. So any case for slander or libel would be as thin as a slice of ham in a Muslim delicatessen.

My point in mentioning this is that in this brief exchange in court between Kirk and Marlissa and I, I have to hand it to Kirk, he was definitely the bigger man of the two.

That’s all I have for right now but keep your ears open there will be more to follow.