DAWGS BLOG VALIDATED AGAIN…….
The afternoon session started about 1335 hrs. with motion # 15 deferred so attorneys could meet and possibly come to an understanding. I have no idea what this motion is.
Motion #16 the judge stated that she had never seen a motion like this before and looked at all parties involved in said just do it. Again, I had no idea what she was talking about.
Motion #17 the District Attorney’s Office was requesting to admit Georgia DeFilippo’s and Christine DeFilippo’s text messages. The issue will be passed for now, and the judge did note it will depend on which ones. So, they will have to be separated out.
Motion #18 the motion asking the judge to order all parties use caution in regard to evidence bag handling in the courtroom. The judge noted that this was not done in the preliminary hearing by anyone.
Motion #19 the judge noted that attorney Hans had a corresponding motion, and Ryan Roth argued in regard to the phone records and Jim Cook’s interpretations are to be disputed. Attorney Hans stated to Jim Cook had very novel answers to questions when asked about towers and locations and in reference to pop and cork and Robert Woody’s house, only being three houses away and showing up in different sectors and towers.
Attorney Hans also stated that Jim Cook’s analysis is way beyond his abilities as it is not accurate to radio waves. Jim Cook has no scientific basis or knowledge in those areas.
Judge Zuniga asked Mme. DA what Jim Cook will say. Marlisa Ferreira said the overlap areas in the refreshes and the communication with devices on the network. Also called data entries, and tracking on towers
Jai Gohel argued the issue goes to admissibility and he requests a 402 hearing. He states he never seen an expert say an opinion of no contact is due to obstructions of things like containers and building materials. He says those materials used in the structures of facts radio waves but there is no basis of building materials knowledge of background with Jim Cook. He went on to say behavioral patterns given by Jim Cook lacked accuracy because of too many variables that were not considered. He stated things like tower connections to each device and being in certain locations and there are many variables regarding traffic and materials and locations etc.
Marlisa Ferreira responded that Jim Cook never said anything about obstruction on the cell towers accepted during movements of the devices. Jim Cook can say whatever calls were made and when. Jim Cook also never said what houses devices were in only sectors that they showed up on.
Attorney Hans stated not one case has he found that gives just general cell tower information testimony. He stated Jim Cook has been giving scientific information on towers and sectors. Jim Cook only can give general opinions and is asking Marlisa Ferreira some case law and citations allowing this type of information.
Jai Gohel argued what is the point of asking about signals bouncing off walls and structures if there’s no expertise on those type of materials and no experience in building those type of materials.
Hans also argued the overlap areas on the sectors and the conclusions made by “eye balling” locations and cannot say degree of overlaps on towers. The testimony has never been allowed before.
Marlisa Ferreira stated the defense attorneys are not using their own witnesses to dispute this information, as they can bring in their own expert to dispute. She stated Jim Cook has been accepted as an expert all over the state.
Again, Hans argued the district attorney still has not shown a case law in regard to Jim Cook’s testimony of this type.
The judge stated that there is not going to be a 402 hearing on this issue as Voir dire prior to testifying can resolve these issues.
Motion #20 unknown specifically, but had something to do with wiretaps on some phone calls there were no specifics given the district attorney said they still need to go through them this motion is passed for now.
Motion #21 the request by the District Attorney’s Office to admit evidence of the victim’s intent by statements of going to take the pipe. Ryan Roth argued that calls for speculation, attorney Hans said the district attorney is not being specific about which witnesses to get the information in. But the law says the witness need to have a high degree of trustworthiness.
Judge Zuniga noted that Ricky Cooley said Korey Kauffman was going to get the pipes and she took him as credible. Again, Hans stated Ricky Cooley is not a high degree of trustworthiness due to his relationship with Michael Cooley, and Eula Keyes. He also noted there is damage to the close that could have been from a knife, as testified by Ricky Cooley, as he has an interest to protect Michael Cooley. Jai Gohel stated that the evidence is not reliable as people only have an interest to further their theory. No accurate information or evidence has been given other than Robert Woody.
The judge stated again she found Ricky Cooley credible in the preliminary hearing and Mike Cooley is to be determined that she has not seen him yet.
Mme. DA stated that Ricky Cooley and Michael Cooley both will be called during the trial.
Judge Zuniga also noted the reports to officer Shaw by Michael Cooley stated that he was very upset and she at this time she was going to allow.
Motion #22 was a motion to admit statements to investigators, for clarity the judge asked the DA to provide which statements that they wanted to admit.
Motion #23 District Attorney’s Office wants to limit any questions regarding the use of controlled substances by any witnesses.
The judge stated the defense has a right to get into the drug issues, especially at the time of the occurrences of their testimony or their statements to police. Judge also wanted a list of which witnesses in particular they may be referring to.
Motion #24 it was a motion for a 402 hearing on third-party culpability. The defense is never heard an explanation of statements made in regard to Mike Cooley’s admissions in this case. The judge also noted that there been plenty of testimony that Mike Cooley was known to have weapons and the ability to use them. This motion is to be done later.
Motion#25 to exclude all witnesses from the courtroom and the judge stated that’s a no-brainer and is the normal SOP. Mme. DA went on to say that for the trial Trina Richardson, will be coming from out of town and Kevin Pickett will testify as will Tony Kaufman testify early in the proceedings. Tony Kaufman’s testimony will only be as confirmation of the identification of Korey Kauffman. Again, this motion was passed for the attorneys to confer and try to agree.
Motion #26 a motion to exclude people from the gallery that make comments that can be heard by the jury. Mme. DA stated the jury has exposure to people in the gallery in the hallway, and is asking the jury to be assembling in the basement and be called up when they’re ready. She stated there has been people in the audience having tried to influence others in the hallway when court was in session in department 26, and stated it will continue here.
Judge Zuniga noted that disparaging comments are nothing new and have been going on for years.
Mme. DA asked that they be kept in a separate room out of the hallway. Judge Zuniga noted that she is having discussions with the court staff in regard to these things and she also feels that juries tend to take their oath seriously in regard to these things, and tend to notify the court immediately if something happens.
Mme. DA also stated that blogging and podcasts have affected that the jury pool and may affect more in the hallway.
Jai Gohel objected saying these things their daily problems and any special activities hurts defense as to making them look more guilty. Blogging is a first amendment issue and no changes should be made.
Judge Zuniga stated that she is not doing anything about the blogger’s, but she will consider doing something for the jurors.
Melissa Ferreira stated there were some disparaging comments made about the district attorney and investigators during the preliminary hearing in the hallways a department #26. Somebody also noted in addition to that Tony Kaufman had several outbursts in court.
Mme. DA is asking the court to order that the witnesses not be intimidated but judge Zuniga stated she cannot predict future actions of anyone involved.
Again Mme. DA argued that witness intimidation has been occurring through the blogging and podcasts, and again the judge stated she only has jurisdiction what occurs in the courtroom, not what occurs outside the courtroom which includes the hallways.
Mme. DA request evidence hearing, and the judge cited some case law for her to look at and decide if she still wants the hearing.
Marlisa Ferreira also expressed concern stating that Robert Woody was approached by a defense attorney, who was not in the room at the time, and the judge advised her to wait until he was to hear the whole story.
Motion #28 District Attorney’s Office is requesting Kurt Bunch be appointed as investigating officer in this case.
Motion #29 a motion to admit expert testimony during the trial. Attorney Hans stated that he intends to file a motion to reconsider the Jim Cook and Tim Cook expert designation. He also mentioned somebody who was at the gravesite of pop and cork that made observations of the ground, but no soil samples apparently were taken. Mme. DA noted a couple a specialist one by the name of Galloway from Santa Cruz and a doctor Baick who is a coroner.
Motion #30 was skipped unknown what it was.
Motion #31 was a motion by the District Attorney’s Office to put in prior defense convictions which included rap sheets. The judge requested that they provide those to her first for her review, that the defense attorney says there is no priors is not an issue.
Motion #32 was skipped unknown what it is.
Motion #33 it was a motion filed to exclude the defendant’s motivations. And to tell you the truth I didn’t understand what they were talking about here.
Motion #34 was a motion by the District Attorney’s Office to allow inflammatory statements made by defendants. Melissa Ferreira also noted that she is going to call Georgia DeFilippo Christine DeFilippo Eddie Quintanar is witness’s.
The judge also noted that in all attorneys and not to make any type become passionate statements in front of the jury during the trial.
Jai Gohel stated the past custody status of the defendants is an issue with the jury and need to be addressed. The judge stated she will come up with a solution which could be an instruction.
Motion #35 the District Attorney’s Office is requesting the court make special scheduling available for certain witnesses mostly experts. That request was granted.
Motion #36 was the use of transcripts to impeach which was granted but also led to a long conversation on the witnesses and wiretaps in the District Attorney’s Office stated they would provide new recordings, as the old ones may be wearing out. Many of the wiretaps have already been stricken so this is to be determined.
Motion #37 the district attorney’s motion allowing the statements of evidence of Frank Carson statements to Michael Cooley and some of the Cooley clan.
Motion #38 was passed for now to be reheard when Robert Forkner Percy Martinez are available to be in court.
Motion #39 the district attorneys is requesting that the current 1324 (immunity) notice forms in regard to the in-custody testimony from people of the Cooley clan. The judge said she thinks the immunity is still in place but need to check the forms to see if it counts towards the trial to.
Motion #40 the District Attorney’s Office is requesting to exclude any mention of drug use by the victim. Ryan Ross argued that is direct evidence because of the unknown cause of death of the victim. Attorney Hans argued the Ricky Cooley’s testimony was concerning drugs and the usage before and after the victim left Mike Cooley’s house and also the Mike Cooley was probably the dealer. It goes to credibility.
Marlisa Ferreira argued there was no testimony Korey Kauffman had use drugs that night. She stated Denny statements made by Korey Kauffman prior to him going missing are not relevant to whether or not drugs were used.
Ryan Roth that Cory Kaufman had bought drugs with Kevin Pickett on March 29, 2012, which was the night that his family had reported him missing.
The judge decided this is to be determined later.
Motion #41 the District Attorney’s Office is making a motion that the victim’s criminal history not be presented in court. Ryan Roth again stated that it shows a relationship between Korey Kauffman and Bobby Ticknor, and some past activities. In Jai Gohel confirmed that there were only talking about convictions.
Marlisa Ferreira argued it is not relevant, she also stated that she was “pretty sure” Korey Kauffman would not be showing up in the courtroom to testify, as this information is only relevant to witnesses.
Judge Zuniga stated that the victim’s criminal history is not relevant motion is granted.
That was the end of the day there’s still quite a few district attorney motions left to do and then will start on the defense. Court then went into recess to restart at 9:00am tomorrow.