AFTERNOON SESSION OF QUINTANAR/MCFARLANE
by Marty Carlson
The afternoon session was scheduled to start at 1:30 PM and didn’t get started until 1:47 PM.
This is the final argument day for the Scott McFarlane and Eduardo Quintanar preliminary hearing.
They started by going through the wiretap audios that they wanted to be admitted as evidence, and noting any objections, if any, to any of them.
Judge Zuniga advised Mme. district attorney of the recording that she’s going to keep out, and started going through the list. I was not privy to all the item numbers they were referring to but some of them they did mention. She stated that most of them are of no relevance and some of them were nothing but character assassination, and had no evidentiary value.
Marlisa Ferreira responded saying item 3F show the relationship of Scott McFarland and Daljit Atwahl. The judge interrupted her and said she knows why the District Attorney’s Office wanted these recordings in it was because of disparaging comments towards women during that phone call. It has no evidentiary value even though it may be personally disgusting.
Mme. district attorney and then stated on item 3H was to show actions and the activities with the Atwals in the Woody relationship with the two defendants. Especially after the search warrants were served.
There was an item 3P the judge asked her relevance and she said that all Quintanar was doing was complaining about Kirk Bunch. Mme. DA stated that Quintanar is talking to a gentleman by the name of Frost about Kirk Bunch coming to his house. She stated Quintanar was lying to everyone around him and trying to shelter himself from the investigators.
The judge advised that Mme. DA that it is obvious that the California Highway Patrol command has no real knowledge or knowing the difference between an internal affairs investigation and a criminal investigation, that includes the union representative.
Marlisa Ferreira stated it was Lieut. Frost that had informed Quintanar of the criminal investigation. She also stated Quintanar was telling more lies about Kirk Bunch and what he was going to do to him.
The judge repeated saying that Quintanar was just simply complaining to people around him. It has no evidentiary value. The DA pressed on saying it shows more than that it goes to state of mind and talking about the officer’s conduct. The judge again interrupted the DA saying Lieut. Frost totally did not know what he was doing. And Mme. DA stated that Quintanar was using that to manipulate the command structure.
Marlisa Ferreira went on to say that “Quintanar was getting desperate to talk, worse than teenagers acting dramatic.” (Yes, she said that). And teenagers do not spend as much on time on the phone talking like this.
Alonzo Gradford argued that everything that the district attorney just said is not relevant, and simply his client venting to people he knows.
Judge Zuniga stated that the complaints that he is voicing in the wiretaps are cumulative and repetitive, except for one part that she is leaving in where Quintanar says he will not talk to investigators. At that time the district attorney rested her case against Eduardo Quintanar.
We then started final arguments with Mme. district attorney with the burden of proof citing some case law, in regard to charging as an accessory. She stated the accused must have known someone has committed a felony. And they made statements or committed actions to aid or abet in those felony acts. She started talking about the elements of law and application of this case where there were false statements to the authorities under 32 PC, (lying to a police officer). She stated Quintanar and McFarlane took affirmative actions to conceal and aid Daljit Atwahl and Walter Wells.
The judge interrupts the DA at this time saying she does not need to be reading the laws to the court that she is aware of the laws she asked her to talk facts not quote laws trying to educate her.
Mme. DA stated on the day of the search warrant on July 15, 2012 the defendants had talked to the Atwals knowing it’d talk to officers and there were fully aware there was an investigation going on. Also wiretap contacts show activity with the Atwals. She stated Eddie Quintanar provided Daljit out wall information in an effort to conceal locations due to possible tracking devices and how to avoid surveillance. She said Quintanar was knowing police are investigating a serious felony in a possible homicide. Quintanar is a law enforcement officer and knowledgeable in techniques and giving inside information.
Mme. DA then goes on to say then Quintanar lies to everybody at the California Highway Patrol about his contacts with the Atwals. She said Quintanar also discussed issues that involve Korey Kauffman and activities at pop and cork. She stated Scott McFarlane committed a “sin” of omission in his statements, then he gave a false citing of Korey Kaufman the day after the district attorneys theory date. She stated McFarland knew that his neighbor, Korey Kauffman, was missing.
This all leads to a possible alibi by both statements, and case law does not say the statements have to be true or not. At this time judge Zuniga interrupted again and says that is not true there is more language than that. The DA went ahead and said it still meets the standard for it to be put forward for a jury to decide.
She stated as far as the obstruction of justice Quintanar, Wells, McFarlane had agreed and conspired to obstruct or thwart the investigators in their investigation. Then she mentioned how Baljit Atwal and Robert Woody had moved the body to the mountains. Again, the judge interrupted her saying there is no testimony in this case as to the body being moved and Quintanar and McFarlane being involved.
Mme. district attorney stated the overt act number three was that Frank Carson had made threats, number four was Frank Carson had made in enticement of pipes as revealed by Mike Cooley. Number nine Quintanar and McFarlane statements and involvement by Frank Carson as to consultation on filing lawsuits and complaints also is an overt act.
Mme. DA again started emphasizing that these officers had a law enforcement status, and was supposed be pillars of the community. The judge interrupted her again saying the status of the law does not apply differently to your status in the community, it applies equally no matter who you are. The law is the same for all.
Mme. district attorney then says then look at the relationship between the defendants and subsequent conduct to obstruct the investigation.
Larry Neirmeyer then argued on behalf of Scott McFarland stating there is insufficient evidence to hold on any charge. The case law cited state the defendant was present at the time of the offense, which was a homicide, and gave falsehoods to investigators afterwards. And they were affirmed lies. In this case his client, Scott McFarlane, had been cooperative and never refused an interview. It appears that the biggest problem is that Kirk Bunch and Jon Evers did not like what Scott McFarlane said, and wanted him to say more but he took him out of their theory with the Korey Kaufman citing.
Niemeyer also stated that his client had contacted Deputy Barringer who was part of the task force in charge of looking for Korey Kauffman. Investigators chose not to interview him again for over two years. Then he had memory lapses from the amount of time that had passed. His client never attempted to offer any alibis for anyone, just what he had seen and as the investigators had stated he was the only one giving regular and valuable information.
He noted that investigators felt that McFarlane should’ve had a better memory two years later than what he did, but he noted Jon Evers had to recollect his memory 18 times while on the stand by looking at police reports, and this is while he was waiting two days outside the courtroom reading his reports during that time. He also had multiple do not recalls.
The attorney started discussing the third-party knowledge of a principal had committed a felony, a search warrant does not prove anyone had committed a felony, it is merely an investigation. Reading the case law that Mme. DA cited does not show that McFarlane had any knowledge of any felonies being committed. He stated there is nothing before the court that his client was active in any way shape or form towards a conspiracy.
In regard to the concealment of the body at pop and cork or Mariposa, there has been no information submitted in this hearing to say his client was ever involved. As far as Frank Carson filing complaints or advising complaints to be filed, Scott McFarlane had no civil suits or complaints or even new Frank Carson let alone had contact with him. In addition, the alleged threats made by Frank Carson stated, or the enticements of pipes on the property, the district attorney again has stated there is no information submitted in regards to Scott McFarlane.
Scott McFarlane had no contact with Frank Carson at any time or ever met him let alone know him. The investigators never followed up with McFarlane after he contacted them in 2012 it is their fault not his clients. Had investigators talk to his client two years prior when he called they could possibly have a better case against real defendants right now.
Attorney Alonzo Gradford spoke on behalf of Eduardo Quintanar, stating that his client had provided no false alibi to law enforcement officers. Quintanar had only complained to friends and had made a refusal to talk to police and that is not a crime in this state. He also stated the wiretaps help his client.
He stated conversations with Daljit Atwahl in July 2012 he kept asking” what did you do” constantly. So apparently, he was not aware of any crime or any knowledge of anyone being charged in a felony. He stated Kirk Bunch had showed his client and arrest warrant saying that the Atwals were to be arrested. But after that warrant was served 2015, there was no contact with any other defendant until the present date. He stated that his client talking about the Korey Kauffman statements was never lied about.
There is no evidence that his client was an ally and the movement the body was a homicide at all. There is no evidence that Quintanar had knowledge of Frank Carson threats or enticements on the property. He also stated his client had never told anyone to file complaints. He stated his client never conspired to commit a felony or aid and abet in a crime. There is no information that he was involved in any activities of hiding the body or moving it to the mountains. He finished by saying there is no evidence to hold Eduardo Quintanar on any of the charges listed.
The district attorney at that time made the rebuttal saying the defendant’s claim that there were no overt acts for conspiracy, is false as Quintanar she claimed a continually made false statements to people around him. She then started reading from the Penal Code under section 32, and it was about aiding and abetting and making false statements. What Quintanar was saying was not true and that is not the only way to hold on a conspiracy charge. She requested that the judge listen to the wiretaps again and determine herself.
Mme. DA made some argument about Deputy Barringer conversation after Robert Woody and Scott McFarlane had discussed some issues about the property and a container that may have been moved. She also stated Quintanar knew about the investigation because of the missing person flyers that were at pop and cork so Quintanar knew there was a felony involved.
She also noted an accessory act is an obstruction of justice and any overt act could be done by any other defendant, whether they knew them or not.
She stated Scott McFarlane had contacted Deputy Barringer but did not tell him about the information in regard to Korey Kauffman being seen after the district attorney’s theory date. She also stated McFarlane did not remember until Quintanar statements about that citing, and again repeated they both know about the investigation due to flyers at pop and cork.
Normally this is the end of arguing but the judge let the defense attorneys have an extra argument, which is not normally done. Larry Niemeyer stated the DA is making assumptions and not be seen on fact of what Scott McFarlane knew in 2012 because they simply did not talk to him.
The judge then stated she is reading a transcript of Jon Evers testimony of the information given by Scott McFarlane to Deputy Barringer to refresh herself.
Attorney Gradford stated Quintanar did not give false statements to help any principal of any crime let alone a felony. Quintanar was simply complaining about law enforcement and there was no evidence he knew about any felonies in July 2012. He noted that in the testimony revealed that Quintanar found out about the flyer after researching Korey Kauffman online.
The DA got a chance to rebut again, she quoted times and dates of calls between the Atwals and Quintanar, and McFarlane. So Quintanar knew about the investigation.
At that time all attorneys submitted their final arguments.
Judge Zuniga began to make a ruling that looked at the clock and it was 4:20 PM and stated it was too late to start and after some scheduling conversation it was agreed to return next Tuesday at 10 AM to make a ruling. She stated that she simply did not have enough time the maker proper record.
Court was then continued until next Tuesday, October 24, 2017.