WHAT A BORING DAY
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
Today, I almost fell asleep twice in the courtroom. We started out late like usual. Court was supposed to start at 9:30AM, but Judge Zuniga took the bench at 10:21AM. She stated that there was a problem with one of her bailiffs that caused the delay. The judge sounded hoarse, but her voice improved as the day went on.
We continued going over arguments concerning the transcripts that are going to be considered by the judge in the recusal hearing that has been going on for the last couple of courtroom days.
Defense attorney Jai Gohel, who represents Baljit Athwal was not present during the morning session, but was present for the afternoon session. Defense attorney Hans Hjertonsson filled in for Mr. Gohel for the morning session.
There was discussion concerning some transcripts concerning Praveen Singh. Next came up discussion concerning the bail hearing for Frank Carson and his wife and his step daughter. We then went over defense attorney Martha Carlton Magana’s 2nd declaration. We then went into the case Frank Carson had filed against DA Investigator Steve Jacobson. This concerned an assault on Frank Carson in the courtroom hallway where Jacobson knocked Frank’s cell phone out of his hand while Frank was taking Jacobson’s picture. Marlisa Ferreira was told by the judge that she was not listening to what was going on. She seems to be fixated with looking at her cell phone and talking to Kirk Bunch while things are going on.
Defense attorney Robert Forkner requests the entire transcripts of the Preliminary Hearing to be entered into this recusal motion. Marlisa Ferreira objects to this citing relevancy, foundation, and the large amount of Prop 115 testimony. Robert Forkner states that he still does not have a perfected record of the Preliminary Hearing. Judge Zuniga states that she is the one who is at fault for this. There was one word that kept showing up on the transcripts that did not make any sense, and she had not taken care of fixing that situation. It is now 11:45PM, and the judge has all the attorneys meet with her in her chambers.
When we got back into the courtroom at 1:30PM, judge Zuniga states that final arguments for the recusal motion will be heard on 11/14/2017 at 9:30AM, and that if the final arguments are finished on that day, she will make her ruling immediately. If not, she will rule on 11/15/2017.
We now go into the 1539 motion. Defense attorney Robert Forkner is seeking documents concerning the search warrant. He wants the original search warrant that was presented and rejected by Judge Abdala. Judge Zuniga states that this request is premature, and should be made at the actual jury trial that starts in January.
Robert Forkner now wants to go into the sanctions motion. Judge Zuniga seems flustered by this, and states that she left the papers concerning this on the floor at her residence. She keeps trying to avoid dealing with the sanctions that she promised would be coming. I will be surprised if she imposes any sanctions based on what I have seen lately in the courtroom.
Marlisa Ferreira wants to expand the search warrant concerning the electronic devices that were taken from Frank Carson. Judge Zuniga denies this request, and tells Marlisa that she will need to get another search warrant authorized by another judge.
Robert Forkner now discusses his motion to compel the prosecution to turn over all reports concerning Cari Abbey who wore a body wire and taped conversations with the Athwal brothers, and possibly Frank Carson. Marlisa Ferreira claims the defense has everything concerning this. Judge Zuniga denies this motion.
At this time, Robert Forkner states that the defense has just been provided around 250 recorded phone calls between Robert Woody and his family. Forkner states that one of the phone calls shows that the Woody family has been provided a car by law enforcement. Marlisa denies that this is true, but the proof seems to be in the recorded phone call. Marlisa denies that anyone in the DA’s Office provided the Woody family with this car. She also denies that any of the investigators involved with this case provided the Woody family with this car. I am sure some low level minion was assigned to carry out this dirty deed. I heard rumors about this car months ago, and it seems the defense has found proof that it actually happened. Judge Zuniga denies this request from Forkner.
We now go into the cadaver dogs. Forkner wants much more information concerning the cadaver dogs, and their training. The agency that provided these dogs has been very resistant with providing any information concerning these dogs. It is stated that the dogs were not used on the East Avenue property in Turlock that was associated with Michael Cooley. The Cooley property would have been the first place that I would have checked, but I guess the prosecution did not want to find out who actually killed Korey Kauffman. Marlisa Ferreira states that the defense has been provided everything concerning the cadaver dogs.
Robert Forkner had requested the total amount of money that has been spent for self-proclaimed cell phone expert Jim Cook. Jim Cook has been paid $350,129 to this date. This figure is going to probably go up significantly in the next year.
We now go into complaints that have been lodged against DA Investigator Kirk Bunch. I believe this was in regard to what he did while talking to Eduardo Quintinar’s wife. Judge Zuniga states that there is a Pitches Motion coming up that concerns that issue.
We now go into Robert Forkner’s motion to get everything concerning a meeting between the DA’s Office and Supervisor Terry Withrow. It turns out that Eduardo Quintinar’s Mother In Law works in the District Attorney’s Office. This motion was denied by Judge Zuniga. There is discussion about an employee of the DA’s Office named Ms. Giesler who was allegedly fired. She had been captured on a wire-tap with her husband. Marlisa Ferreira denied that she had been fired, and stated that she had retired from the DA’s Office eight months ago. This motion was denied.
There was discussion concerning CHP Sargent Domby, and any comments that were made between the various CHP Officers concerning this case. Judge Zuniga stated that Domby asserted privilege many time during his testimony, and would not divulge anything concerning the charged CHP Officers in this case. This motion did not go anywhere.
We now went into visits between DA Investigator Steve Jacobson to the Woody family’s residence. Marlisa Ferreira stated that the defense has been provided everything concerning these visits. It is now 4:15PM, and we are done for the day. Court will resume tomorrow at 11:00AM. I would bet that the judge will be late, and we will be sent home for lunch.
Sincerely; William Thomas Jensen (Tom)