by Marty Carlson
The afternoon session started with judge Zuniga explaining to Mme. DA the research that she did regarding Detective Barringer statement to Jon Evers. In fact, judge read into the record the case she was referring to and it involved an officer testifying under prop 115 what another officer heard and the courts ruled that is inappropriate the judge says prop 115 itself is not a hearsay exception as Marlisa Ferreira was attempting. The judge also stated that there is no Supreme Court ruling on this issue yet.
At this time Jon Evers took the stand again and Larry Neirmeyer continued his cross and asked him about the third interview of Scott McFarland which was done on March 8, 2015. Evers was asked if Scott McFarland had actually said that the interview need be done at the CHP office, and Evers stated he did not recall. The attorney Niemeyer was then reading the transcript from the interview. And Scott McFarlane had never tried to stop the interview and kept answering their questions during that entire interview.
The attorney was referring to Walter Wells in the murder investigation, and Scott McFarlane said he had talked to Walter Wells after Walter Wells had been interviewed. There was a document that was handed out to attorneys it was a CDR of phone records of Scott McFarland and Walter Wells. None of these calls were captured or recorded on wiretaps or by any other means
Jon Evers said the calls were regarding the investigation into Walter Wells but again there was no recording and he had no knowledge of the content of the calls. Evers said that Kirk Bunch had told him that Scott McFarland had been talking about Kory Kaufman being a tweakers along with the conversations of the out walls but Scott McFarlane could not remember the details of the conversation. He also stated Scott McFarland never refused to answer any questions.
Jon Evers also said to Scott McFarlane had saw Kory Kaufman riding his bicycle around 6 AM on April 1, 2012 and again at 9 AM April 1, 2012. And was asked again by defense attorney Niemeyer how long it took McFarlane to drive to work in Merced, and Evers said about 20 minutes. He then asked him what time was he scheduled to go to work that day and he said 10 AM for a 12-hour shift. Evers also admitted at times that McFarlane was seen were approximate and not exact and gave McFarlane plenty of time to work.
Evers said that Scott McFarland never tried to hide his relationship with the Atwals. And McFarland it also talked to Evers about the lawsuit against the county by the Atwals. The attorney also asked about a comment made by Kirk Bunch telling Scott McFarland not to tell the CHP command about this particular interview, feeling it was post be done through command, and Evers said that is true. Evers also stated he never asked Kurt Bunch why he said that.
Scott McFarlane said he had no information on a teasing party that may have heard about it. Again, there was no refusal to answer any questions. On the fourth interview on March 24, 2015, Evers was asked why he felt he needed to do another interview just a couple of weeks later. Evers stated he felt like McFarlane had more information on the conversation about Korey Kauffman and details about what may have happened. He also said that he had developed more information talking to witnesses and there were still some wiretaps going on. When asked what information that may be he said there may be more detail on the Mike Cooley threat, the Atwals visit to Frank Carson’s office, and the out walls and Woody conversations about the thefts in Frank Carson’s property.
Evers stated he did not recall any new information between the third and fourth interview. Said he was told about Frank Carson and the Cooley information he said Scott McFarlane was sure either Daljit or Robert Woody had said the information regarding the thefts. Evers also stated there was no new information about those thefts or threats through his investigation.
Evers stated he was hoping Scott McFarlane would know something else and in the fourth interview he was actually looking for McFarland’s wife who is not home. So, we talked to Scott McFarlane again which he completely cooperated and answered questions. Says he learned through Robert Woody, Daljit and Baljit, were suspicious and surveilling Scott McFarland. Evers also stated he could not remember when he learned that from Robert Woody. He also did not recall which interview or when he learned that from Robert Woody.
When asked if he thought the Scott McFarlane safety was at risk because of the suspicions by the Atwals and Woody, he said he was not concerned about that. He also stated that they used the threat as a ruse to get information. Meaning they say they are concerned about the safety of someone being in danger to get either that person or others talking. But he did admit that Scott McFarland’s statements were consistent.
Now he was saying he was not sure if he was told by Robert Woody or heard it elsewhere about the surveillance of Scott McFarland. And he did not recall if Woody was saying that now or still. He stated he had two interviews with Robert Woody during the homicide investigation.
With the fourth interview Jon Evers stated that Scott McFarland had been the most cooperative and he stated that Kurt Bunch had echoed the same sentiment, in addition Kurt Bunch said to Evers that McFarland was the most reasonable of the whole group.
Larry Niemeyer asked Jon Evers if he had been in the anteroom, which is just outside the courtroom, reviewing his reports for the last two days. He also said he had been referring to his reports to refresh his memory. But Evers did not recall Quintanar’ s version of the search warrant for the Hispanic gentleman that also had said he had seen Korey Kaufman on April 1, 2012. Jon Evers also stated he did not recall the traffic stop made by Scott McFarlane. Jon Evers said he did not recall surveillance on McFarlane or Kaufman in the reports. At this time Larry Niemeyer asking if it’s true that he did not recall any of this. And every said that’s true. Larry Niemeyer at that time no further questions.
Now Matt MDA began her cross examination asking about the ruse on Scott McFarlane and he said is because Bobby and Daljit didn’t trust him. She asked about the March 14, 2014 interview with Robert Woody, where he may have received some of that information that he could not recall now. She also asked him if the investigators shared information verbally or written in meetings and so on and he said yes. She also asked him if Quintanar that confirmed the surveillance is going on he said yes.
Regarding the March 24, 2015 interview with Quintanar they discussed McFarland and he had also received some information through several other sources and double check them through other people. Now Matt MDA start going through a long list of interview dates that I couldn’t keep up with, and the testimony and the question became extremely confusing especially to the judge and Jon Evers. She asked if the information received in 2015 was enough for an obstruction charge which led to objections by everybody so was never answered. She asked if the information is current McFarlane revealed in regard to the Atwals and Robert Woody going to Frank Carson’s office was reliable said yes.
She went on to ask about the threats that Mike Cooley’s house and was at information reliable he said yes, and she was asked if they had had that information 2012 with that have been of value and save time instead of learning in 2015, he said yes. In addition, the information regarding Korey Kauffman being connected to Mike Cooley instead it was learned from Robert Woody via the Atwals. He also said he did not know in 2012 about the antique cars and their parts being ripped off the Frank Carson property, but then turned around and said he knew about the thefts were ongoing.
Marlisa Ferreira was insistent on asking what he would have done differently if he had known that information, and the judge repeatedly told her that that is total speculation and the court sustained her own objection several times.
Again, Jon Evers explained that he had overheard conversations, either by wiretap or interviews, into some of this information he was discussing with McFarlane but did not recall exactly where he had heard it, or what exactly was said.
He also said the captain Samra of the CHP telling him he wanted to interview with Walter Wells and Scott McFarlane but again does not recall what was said. He stated Scott McFarlane said that he had spoken to Walter Wells but again did not recall what was said. Mme. DA kept rehashing the conversations between Walter Wells and Scott McFarlane in their comments that he was not able to recall.
Jon Evers also stated he did not recall the Scott McFarland exact timeframe of irrigating and had no idea how long it took to irrigate. Jon Evers did say he had high expectations that a law enforcement officer would be forthcoming in a homicide investigation. He stated he did not feel that Scott McFarlane was not honest but he was just being vague about some information.
Jon Evers felt that Scott McFarlane had more information that he was not providing. He also stated that the Quintanar interview had led to more questions for Scott McFarlane.
Mme. DA asked him if the family of Kory Kaufman had told him if he had more than one bike and he said no they did not tell him. At that time, the district attorney stated no more questions.
Larry Niemeyer began questing again and asked him that Scott McFarlane talk to Walter Wells about the investigation and Jon Evers said “no.” When asked about a statement made in 2014 were some wanted said the body was not found in antiques and thefts were going on the Carson property Jon Evers stated the statement about the body not being found with a comment that he learned today and not previously.
Jon Evers stated that he expected Scott McFarlane to come to them when they the information in 2012. And he was asked about the wiretaps and multiple interceptions of phone calls and other recordings in 2012. But they contacted him two years later. And he also was asked if Scott McFarlane had contacted Deputy Barringer of the sheriff department who was on the task force in 2012. Jon Evers again said he did not recall when Scott McFarlane contacted Barringer. Jon Evers said he listened to phone intercepts in 2013 but did not feel that he had good information from McFarlane. At that time attorney Niemeyer ended his questioning.
Steve Jacobson was then called to the stand to testify to wiretap evidence. They began playing intercepts the first conversation was between Daljit and Quintanar on July 9, 2012 around 1436 hrs. there was general talk about Daljit wanting to get his concealed weapons permit and apparently it already taken the class, and Quintanar was calling Daljit baba. There was a brief mention about checking his cars and using a mirror to look under the car for surveillance equipment and he said he could have who they referred to as 50, meeting Robert Woody, check for him. He also mentioned that they should use different routes and streets every day. The basically was general conversation.
The second call was on July 12, 2012 at 5:26 PM
Again, this is a phone call between Daljit and Quintanar again just general conversation while Quintanar is in his patrol car was giving Daljit advice about a private investigator that had come to the business and he told Daljit to tell them not to bother him again he doesn’t need to talk to them. Daljit was talking about who we talked to and he said this has happened because he knows Frank Carson. The again start talking about the concealed weapons permit again and made plans for barbecue on the weekend.
The third call was again on July 12, 2012 it was at 1744 hrs.
It was Daljit Atwahl talking to Scott McFarlane Daljit was telling him that someone had told the investigators that he knew something that he told McFarlane it just looked like they were just fishing. Daljit said that he told them that he doesn’t know anything about it. McFarlane wanted to know who sent the investigators to him and stated that if private investigators come back just kicked her butt out of the store. They also began talking about the investor be it gators calling different people like Walter Wells. He also said those investigators didn’t even have a business card McFarlane told him it sounds bush league just tell them to go fuck themselves. Some of the conversation became in audible but it was mostly general conversation in regards investigation.
The next wiretap played was from July 13, 2012 at 1648 hrs.
It would again be Daljit Atwahl and Scott McFarlane. McFarlane asked him if he had a shit heads coming to the store Daljit said he hasn’t had any today. Talking about possible tracking devices in cars but basically was general conversation and was brief.
The next wiretap played was July 13, 2012 and it was about 2010 hrs.
it was Daljit Atwahl and Quintanar. Quintanar was asking if there are any young good-looking women around that he sees, and he was talking about a woman he from Vegas that has a chicken neck and is looking old probably from drugs. And then he made some general talk about his partner that he had worked with the next night, again it was brief.
The next wiretap was on July 14, 2012 at 2314 hrs.
it was Daljit Atwahl talking to Scott McFarlane. Basically, McFarlane asked if there’s any good-looking women hanging around the store if there is give them a heads up and he said he would be over there later. Again, another brief phone call.
The next phone call played was July 15, 2012 at 2027 hrs. the first part of the call was in Poon job be and was in played during that Poon job be conversation Edward Quintanar had called in and it was a tough conversation between Quintanar and Daljit.
They talked about the search warrant that was done at pop and cork, and apparently, they were looking for her missing person. Quintanar was asking if he had gotten a lawyer, and asked if he had his rights read to him because he was interviewed. Daljit talked about the took his car and they talked about the guns that were stored at the store. Quintanar stated sounds like they were just fishing. Daljit did mention steroids were found at the store and he said that they belong to 5-0. Quintanar ask if Woody takes steroids and Daljit stated he takes everything. Quintanar started telling Daljit that they needed to kick Robert Woody loose because he will get everybody in trouble. He also said they may be doing search warrants at the store because of Woody’s activities with drugs.
Apparently, there was another wiretap that was not played but they had a transcript of and it was about four pages long in those pages were removed from the transcript that has been handed out.
At this point we were at the end of the day the judge went off the record and put the court in recess but was discussing scheduling with the attorneys, an attorney Gradford advised that he probably would not be calling the CHP officers in the former chief of the DA investigators. Marlisa Ferreira then advised Jim Cook would be retaking the stand on Tuesday probably in the afternoon to discuss cell phone mapping.
The judge did not look pleased at that development. Marlisa Ferreira stated that Jim Cook had over 80 slides to present but feels it can be done in a very short period of time. The judge advised her to admonish Mr. Cook about answering questions directly she is not going to tolerate what was done in the previous preliminary hearing with his testimony. Mme. DA explained she very done that and stated her case should be done on Tuesday.
There is no court tomorrow the next court date is scheduled for Tuesday, September 12 at 9 AM.