IMPOSSIBLY THIN CASE AGAINST CHP OFFICERS
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
Well, here I am again at my computer writing on this never-ending ordeal, and still in the Preliminary Hearing stage. I am spending much of my life doing this lately. The end result is taking its shape as a book that will chronicle what I have observed in this, and several other cases of prosecutorial abuse that I have witnessed in the last decade. I have said this before, but without a doubt this the single most important thing that I have done in my life. I missed the last couple of days because of being busy, and having tunnel vision on my quest to write the book. I simply neglected to keep track of court dates. For that you have my sincerest apology. Today, I was only able to attend the morning session, and I will now try to describe what happened in the courtroom.
Judge Zuniga was on time today, but Marlisa Ferreira was approximately ten minutes late arriving at Department Two at the Stanislaus County Courthouse.
We start out at 9:18AM with Detective Jon Evers taking the stand. Marlisa Ferreira announces that she has turned over three reports to the defense that were done by DA Investigator Kirk Bunch. The first report concerned a meeting by Officer Interbitzen and CHP Officer Troxel. The second report concerned contacts made by Kirk Bunch and some members of the CHP staff. The third report concerned contacts made by Kirk Bunch and a Police Dispatcher.
Detective Jon Evers now starts answering questions from Prosecuting DA Marlisa Ferreira. He is asked questions concerning a meeting he had with CHP Officer Scott McFarlane on 03/07/2015, and a second meeting with McFarlane that was done on 03/11/2014. Both of these meetings were done at Scott McFarlane’s residence. Evers was asked if he had asked Scott McFarlane if he had called CHP Officer Walter Wells on 03/11/2014. Evers testified that Scott McFarlane had told him that he had called Scott McFarlane on that date. Evers testified that he was told by McFarlane that he had told Walter Wells that Robert Woody had been arrested. Evers said that Robert Woody had been in Washington State more than once to visit his Ex-Wife and children. Evers now spoke about how Scott McFarlane was a regular at Pop N Cork Liquors. Evers now spoke about how McFarlane had spoken to Wells about an interview that was done by Jon Evers and Kirk Bunch with Walter. Evers speaks about how McFarlane and Wells had spoken about Michael Cooley and Daljit Atwal, and how Daljit Atwal had brought up the name of Michael Cooley. Evers testified that Scott McFarlane had spoken with Kevin Pickett and Dawn Poma (I believe.)
Detective Jon Evers states that Scott McFarlane had told him that Robert Woody had been in Washington State for several months. The third interview of Scott McFarlane by Jon Evers was done on 03/08/2015. It was stated that DA Investigator Kirk Bunch was at all three of these interviews, and was the one that actually asked the most questions. The third interview was also done at Scott McFarlane’s residence while Scott was working in a pasture. Evers stated that initially, Scott McFarlane was unwilling to speak to him. Scott McFarlane had told him that he had been directed by his CHP Commander to only speak to the investigators at his Merced CHP Office with CHP Officer Lindgren being present. It appears that Kirk Bunch told McFarlane that he had an obligation to speak to the investigators, and that Scott McFarlane eventually did speak to Evers and Bunch.
During this third interview, Evers said that McFarlane had told him that he had not spoken to CHP Officer Eduardo Quentanar recently. Scott McFarlane told Evers and Bunch that he was friends with Walter Wells. It was brought out by Evers that Scott McFarlane had spoken to Walter Wells in February of 2015.
Marlisa Ferreira was now warned by Judge Zuniga to stop asking leading questions to Detective Jon Evers. She kept doing this repeatedly this morning, and was repeatedly warned to stop doing so. This is a tactic that she has used throughout this entire Preliminary Hearing. Detective Jon Evers stated that Scott McFarlane had told him that Walter Wells had come over to his house after the third interview. Evers testified that McFarlane had said that he could not remember the content of the conversation that they had during this visit.
Marlisa now asks Evers about at least eight phone calls that were made between Wells and McFarlane. During this line of questioning, she was repeatedly warned against asking leading questions. It was brought out that Wells and McFarlane both worked out of the same Merced CHP Office. Evers testified that McFarlane had told Walter Wells that Korey Kauffman was a drug user, and a thief, but had not said this to Daljit Atwal or Baljit Athwal. Evers stated that McFarlane had never told law enforcement about the connection between Baljit Athwal, Daljit Atwal, Korey Kauffman, and Michael Cooley.
Evers testified that Scott McFarlane had a conversation with Detective Barringer on 07/15/2012, and that Scott had called Detective Barringer. This was the day that the search warrant was served on Pop N Cork Liquors. Evers spoke about how Robert Woody had said that Korey Kauffman’s body was hidden in the mountains, and that his body would never be found. Evers spoke about how he was told that a Land/Sea container had been moved from the Carson property shortly after Korey Kauffman had allegedly been murdered.
Evers testified that Scott McFarlane had told him that he had seen Korey Kauffman riding a bicycle twice the day after he had allegedly been murdered while he was irrigating a field. McFarlane had told Evers that he had first seen Korey Kauffman on 6AM, then again around 9AM on that day. Evers testifies that Scott McFarlane never told Detective Barringer about these sightings of Korey Kauffman after he was allegedly murdered. Evers stated that McFarlane admitted to a phone call between himself and Eduardo Quentanar the day that the Pop N Cork Liquor search warrant was served. Evers testified that he did not remember who called who on this conversation.
Evers testifies that Eduardo Quentanar had guns at Pop N Cork Liquors, and was building an AR-15 for Daljit Atwal. Evers stated that quintenary also had a shotgun at Pop N Cork Liquors. We now take our morning 15-minute break.
At 10:45AM, Evers is back on the stand. He speaks about a fourth interview that was done with Scott McFarlane on 03/23/2015 that was done at Scott’s residence. Evers stated that he and Kirk Bunch felt that McFarlane had more information that he had not disclosed. Evers testified that he did not remember McFarlane’s demeanor during this interview. Evers testified that McFarlane had told him that he was unaware of any surveillance that was done by Daljit Atwal and Baljit Athwal on the Carson property. Evers stated that Scott McFarlane was working the 10:00AM to 10:00PM shift at the time that Korey Kauffman was allegedly murdered, and that Walter Wells had the opposite days off that Scott McFarlane had off.
Evers testifies that McFarlane had told him that he had viewed a video of an altercation between Robert Woody and Daljit Atwal at Pop N Cork Liquors, and how Daljit Atwal’s hand was wrapped. Evers stated that Daljit Atwal had given two different accounts of why his hand was wrapped. One account was that he had tripped while chasing a shop lifter. Another account was that he injured his hand while weight lifting. Evers stated that Eduardo Quintanar had told him that Daljit Atwal injured his hand while weight lifting. Evers testified that he did not know if Detective Barringer was told about this.
Testimony from Evers now goes into CHP Officer Chris Mode from the Merced CHP Office who was recorded during a wire- tap intercept in 2012. Evers testifies that McFarlane spoke to him about how he had seen Shadow Pickett at Pop N Cork Liquors, and how he found out that she basically lived next door to the store. Evers testifies that McFarlane had told him that he used Robert Woody as an informant, and that Robert Woody had given him a ride when he was intoxicated. Evers testifies that McFarlane had told him that he did not know if Walter Wells was off work the night that Korey Kauffman was allegedly murdered. McFarlane told Evers that Walter Wells was a frequent visitor at Pop N Cork Liquors. Evers stated that McFarlane told him that he did not know if Korey Kauffman had stolen items from his property.
Evers now testifies that Eduardo Quintanar had told him that McFarlane had said that Korey Kauffman had stolen items from Scott’s property. Marlisa Ferreira is now done asking Evers questions.
Scott McFarlane’s attorney Niemeyer now starts is cross examination of Detective Jon Evers. He asks Evers about a 5th interview between Evers and McFarlane. Marlisa Ferreira immediately asks to have a private conversation with Niemeyer, which eventually includes the judge in her chambers. Something happened in there, and any more talk of this interview suddenly stops. Evers is asked a question concerning the 03/11 interview, and whether or not Evers had the transcripts of this interview, and had reviewed them. Evers testifies that he does not remember reviewing these transcripts. Evers testifies that it was Kirk Bunch who asked most of the questions. Evers testifies that Scott McFarlane did not refuse to answer their questions.
Evers did not remember if he had asked McFarlane to wear a body wire in the investigation. Niemeyer points out that he would remember this, but is shot down for being argumentative. Evers stated that Scott McFarlane gave cooperative answers to their questions. Once again, Scott McFarlane tells them how he had seen Korey Kauffman twice the day after he was allegedly murdered riding a bicycle past Scott’s residence. It is brought out that a man named Jesse Lapue had also said that he saw Korey Kauffman the day after he was allegedly murdered. Evers testified that he was unaware of this man, or his sighting of Korey Kauffman. Niemeyer points out that Korey Kauffman could have been riding a different bicycle, since his other bike was allegedly parked at Michael Cooley’s house. Evers tells Niemeyer that Scott McFarlane had loaned guns to Baljit Athwal. Scott McFarlane was at Pop N Cork when conversations were had between Baljit Athwal, Daljit Atwal, and Robert Woody. McFarlane had been faulted for not remembering two years after that he had made these statements. Niemeyer tries to show how Evers could not remember numerous things during his testimony. It was objected to as being argumentative, and the objection was sustained. Evers states that McFarlane should remember because his neighbor had been murdered. Evers admits that Scott McFarlane had told him that he knew who Frank Carson was, but did not personally know Frank Carson. Niemeyer gets Evers to admit that McFarlane had asked him if Frank Carson was the “Big Guy.” It was brought out that Scott McFarlane knew Detective Barringer from working with him on a neighborhood watch program. Niemeyer gets Evers to admit that he told McFarlane that Detective Barringer was part of his investigative team. Evers states that he does not know if Detective Barringer interviewed Scott McFarlane. Evers stated that he could not remember if Barringer interviewed Scott McFarlane. The morning session is now done. I will try to be in court the entire day on Monday, but I may have some conflicts in the afternoon.
Sincerely; William Thomas Jensen (Tom)