JUDGE MOONEY LISTENS TO ARGUMENTS
FRANK CARSON ET AL CASE
BY WILLIAM THOMAS JENSEN (TOM)
Well here we go again. Today we have Judge Mooney, from Monterey County, hearing arguments on one of defense attorney Robert Forkner’s many motions. Forkner is trying to get defendant Frank Carson dropped from this case because of a lack of evidence that would show that he conspired with the Athwal Brothers in what allegedly happened on the Carson property that allegedly resulted in the death of Korey Kauffman. Like all the defense motions, this one is likely to end up with a ruling that will defy all logic. The burden of proof in a Preliminary Hearing is so small. I fear that Frank Carson will have to stand trial, but at trial the burden of proof is beyond a shadow of a doubt. In this case, the doubt is much more than a shadow. It literally smacks you in the face. The prosecution’s circumstantial evidence trial will blow up in their face. No jury of 12 people will ever convict anyone charged in this case. The evidence simply is not there. None of the charged defendants had anything to do with the death of Korey Kauffman.
We start out at 11:00AM with Judge Mooney complimenting Marlisa Ferreira for doing a good job getting together the information that he demanded by last Friday.
Robert Forkner starts out at the podium, making his arguments. Forkner states that the prosecution gave a woefully pitiful response with their filing. He cites approximately 140 items that were listed that have nothing to do with aiding and abetting. Judge Mooney makes a statement that only a few items tangentially might fall into that category. Forkner states that: “There is nothing there.” Forkner states that there was no intent to kill shown, and therefore there is no aiding and abetting.
Forkner states that the only consistent thing that Robert Woody testified to was that Frank Carson had told people if they saw anything to not do anything, and to just call the cops. Forkner states that because of this, Frank Carson had no felonious intent. Forkner talks about 31 pages in the prosecution’s filing, and how there is nothing there.
Defense attorney Jai Gohel states talks about how he filed a joinder. He states that the degree of the beating that occurred is not clear. He states that Robert Woody came into the middle of a fight. He states that the record is not clear if this was a felonious assault or if it was self- defense. He states that there is not enough in the record for the Felony Murder rule to apply. The Felony Murder rule is the type of situation where for instance a person sitting outside of a bank driving the get- away car can be charged with murder even though he had nothing to do with the actual killing inside the bank. Jai Gohel states that Baljit Athwal, according to Robert Woody’s testimony, did not possess a weapon, and that it was Daljit Atwal who allegedly made the fatal shot that killed Korey Kauffman.
Defense attorney Peter Rodriguez, who is representing Walter Wells, states that he is going to withdraw his joinder, and will file a 995 in the future.
Prosecuting DA Marlisa Ferreira now takes over. She states that the minute order ordered that she list anything that supports the inference that Frank Carson aided or abetted the Athwal Brothers in the alleged killing of Korey Kauffman. She states that she was severely limited in compiling this list due to the time constraints imposed by the judge. She speaks about wire taps and text messages that support her arguments. Marlisa states: “It has never been our position that this was through the Felony Murder rule.” She later tries to say that she did not say this in her arguments, but we all heard her say this, and it is in the record for Judge Mooney to read.
Marlisa states that Frank Carson encouraged, aided and abetted, and facilitated in the killing of Korey Kauffman. Judge Mooney tells her if her time constraints prevented her from including what she wanted, that now is the time to present everything that she wants. Judge Mooney: “Feel free to finalize your presentation.”
Marlisa states that Judge Zuniga stated that Frank Carson was the one who: “Put this whole thing into motion.” Marlisa states that Frank Carson made threats to kill people if he found them on his property. She states that prior to 03/30/2012 he made threats to Michael Cooley and his friends about them coming onto his property. Marlisa states that in 2011, Frank Carson tried to get Patrick Hampton to “F” up anyone who was on his property. It is interesting that Marlisa is quoting Patrick Hampton’s testimony. Judge Zuniga tossed it all out because she felt that he was totally unreliable on the stand. Defense attorney Robert Forkner speaks up on this issue.
Marlisa states that Frank Carson made numerous trips to the Cooley residence. She states that these trips were witnessed by Romero, Reedy, Keester, O’Dell, and Keyes. She states that Frank Carson demonstrated on numerous days that he had intent to kill. She states that Frank Carson made numerous attempts to catch people on his property. She states that Frank Carson spent one entire night patrolling his property with a gun in his possession. She speaks about Frank Carson putting security equipment on his property, and enlisting his step-daughter Christina DeFelippo to monitor the equipment.
Marlisa speaks about January 2012, when Frank Carson was surveilling the Cooley property, and how this was witnessed by a policeman. Marlisa speaks about how Frank Carson had made threats against Michael Cooley within a few weeks of Korey Kauffman going missing.
Marlisa goes into how Frank Carson had represented Robert Woody in an unrelated case, and how he had met with the Athwal brothers in May of 2012, and how the case had been dismissed. She speaks about an alleged incident where Robert Woody, Daljit Atwal, and Baljit Athwal had sought out Michael Cooley and had threatened him to stay off the Carson property.
Marlisa starts speaking about the intent to kill. She speaks about 03/30/2012 when Frank Carson was seen by 2 witnesses on the Carson property. The first time was around 5:00PM, and the second time was around 7:00PM. She states that Ricky Cooley saw him with two other people, and that one or two of these people had long guns. She speaks about how Baljit Athwal was spot checking for people on the Carson property. Marlisa speaks about how Linda Burns had testified that she saw Frank Carson on the Carson property on the night that Korey Kauffman was allegedly killed. Marlisa speaks about Robert Woody’s testimony that Frank Carson was baiting with aluminum pipes on his property.
Marlisa states that: “We have to make the inference that Frank Carson made his property accessible for him to be there.” Marlisa states that Frank Carson’s intent was clear by baiting with the aluminum pipes. Marlisa speaks about a threat by Baljit Athwal to Korey Kauffman when Baljit went to Korey Kauffman’s house and told him to stay off the Carson property. Marlisa Ferreira: “This is a circumstantial evidence case.”
Marlisa speaks about how in July 2012, Frank Carson had hired private investigators Gary Armoyen and Jack Able to go to Pop N Cork Liquors to speak to Robert Woody. She states that the DA sent their own investigators to Pop N Cork to confirm this.
Marlisa Ferreira speaks about how Frank Carson was communicating with the Athwal brothers, and had called them to tell them about how he threw out the investigators from his office. She speaks about how Frank Carson had warned Michael Cooley that he would shoot him if he found him on his property.
Marlisa speaks about the alleged incident where Frank Carson detained Robert Jaquish in an out-building on his property. She describes how another man was present, and how that person had a long gun, and how there was an outline of a gun on Frank Carson’s belt. She speaks about a face to face confrontation between Linda Burns and Michael Cooley with Frank Carson. She speaks about how Frank Carson was seen peeking into windows at Michael Cooley’s residence just weeks prior to Korey Kauffman’s alleged murder. She speaks about how Frank Carson was caught going through Linda Burns’ car. She speaks about how Scott Rollins described seeing a video of Daljit Atwal fighting Korey Kauffman at Pop N Cork Liquors prior to his alleged murder.
Marlisa Ferreira speaks about how Kathy Grinnolds testified that she saw three people on the Carson property on the night that he was allegedly murdered. She states that you have to go into the Carson residence to gain access to the roof where the three people were allegedly seen. It is interesting that a person sitting next to me told me that this was not true. The garage is detached from the house according to this person who would know for sure.
Marlisa speaks about a text message between Christina DeFelippo and Georgia DeFelippo that stated that Frank Carson was “Flipping out” and will be on the property that night patrolling with a gun in his possession. Marlisa states that the inferences are enough to show all the elements that are necessary.
Defense attorney Robert Forkner takes over. Forkner states that the testimony of the “Methamphetamine fueled theft ring is mutually exclusive of the testimony from Robert Woody.” He states that Marlisa tries to use some of the testimony from both sources, but that she also tries to ignore key elements that directly contradict each other. He states that Michael Cooley had a criminal record that is a mile long. Forkner states that Georgia DeFelippo called the police, they came over, and Michael Cooley did not mention anything about Frank Carson threatening to kill him. He stated that all the witnesses that confirmed this story for the prosecution lived in the same house. Forkner states that the Ramey Warrant was published online, and that all of these people had read the Ramey warrant.
Robert Forkner brings up 22701 from the transcripts. In this section, Judge Zuniga states that the testimony of Robert Woody stated that he spends 15-20 minutes at Pop N Cork, and then went to the Carson property where he saw Baljit Athwal fighting with Korey Kauffman. Zuniga now states that Woody testified that he saw Daljit Atwal jump in, and that there was no evidence that when the fight started that Baljit Athwal had the intent to kill. Zuniga also stated that there was no evidence of a knife or a gun. Forkner states that on July 15, 2012, search warrants were served on the residence of Christina DeFelippo, Pop N Cork Liquors, and the Athwal brother residences. Forkner states that everyone knew that the Athwal brothers were suing due to the treatment they were experiencing. Forkner states that Frank Carson is a prominent criminal defense attorney, and that he sent his own private investigators to see why the cops were turning his step daughter’s residence upside down, searching the Athwal brothers residences, etc. Forkner states that Judge Zuniga completely rejected the testimony of Patrick Hampton. Forkner states that there is no evidence of Frank Carson communicating with the Athwal brothers or Marlisa Ferreira would have mentioned it in her filing. Forkner states that Robert Woody testified that Daljit Atwal worked at Pop N Cork all night on the night that Korey Kauffman was allegedly killed. Forkner states that Marlisa is trying to get the court to reject Robert Woody’s testimony, but only some of it. Forkner: “Why didn’t Michael Cooley tell the police that Frank Carson had threatened to kill him?” Forkner: “Why didn’t Frank Carson kill Robert Jaquish?” Forkner: “It was because Frank Carson had no intent to kill Robert Jaquish.” Forkner: “Korey Kauffman was nowhere near the pipes, which were at the back of the property.” Forkner states that the property is quite large, and is the size of a city block. Forkner: “Putting all of the prosecutions arguments together does not prove anything.” Forkner: “We know all the prosecution’s supporting witnesses were not all there together, and they said they were all living there together.” Forkner: “This is not true.”
Forkner states that there was no aiding and abetting, and the Felony Murder rule does not apply if Frank Carson just wanted a “Beat down” and Daljit Atwal took out a gun and shot Korey Kauffman.”
Marlisa Ferreira states that Judge Zuniga found all of the witnesses very credible. Perhaps she can invite them all to dinner someday. Oh boy. Marlisa states that the cell phone evidence of Jim Cook shows that Frank Carson communicated with the Athwal brothers on January 19th, February 14th, and March 6th. I assume this was 2012. Marlisa states that Patrick Emery stated that he did not see Daljit Atwal at Pop N Cork Liquors.
Robert Forkner states that he is going to file a separate 995 motion concerning the obstruction of justice charge. Judge Mooney states that he will take all of this into submission, and it will take him a while to rule of this proceeding. Back in the courtroom tomorrow at 9:30AM for arguments on Forkner’s recusal motion, and the huge motion to dismiss due to prosecutorial misconduct. I would call it abuse as well.
Sincerely; William Thomas Jensen (Tom)