THE BLOGGERS ARE STILL IN THEIR MINDS…….
The afternoon session started about 2:20 PM after judge Zuniga took Marlisa Ferreira and Percy Martinez into chambers when they came out they put on the record that the judge had received an email from the special master regarding hard drives and it is become obvious that the District Attorney’s Office now has to requested judge Manukian, who is still in charge of search warrants affidavits, to a point another special master is there seems to be major problems going on with the one that is in charge of it now.
Mme. district attorney advised that she would be contacting judge me new key in and apparently there is a list that they work from through the county.
Back to the motions hearing they went back to item number 30 that they had skipped the earlier, it is a motion to allow issues or traits of previous violence by the defendants to be admitted as evidence. The judge advised her that it cannot be done due to it being character assassination, unless the defense brings up the issue first not allowed by the DA
Marlisa Ferreira at this time was trying to read some incidents into the record and the judge immediately stopped her, just before Percy Martinez is objection. And the judge again repeated that this motion is denied unless defendant brings into question their character. Again, it appeared that the DAs office is trying to develop some bias within the judge with information that is not applicable.
They then moved on to motion #32 where the prosecutor wanted to admit some incidences in 2008 with Bobby Atwahl where he was arrested for domestic violence in a situation that occurred at his home. Marlisa Ferreira stated there was some injuries to the wife’s face. She also noted that there is an issue back in India of a dowry theft that he is being accused of, but had no information whatsoever and documentation, Mme. DA also used the term he fled India to avoid that situation. She did no information on specifics or even what year that may have occurred. No charges have ever been filed against Bobby Atwahl in any case.
D Atwahl she stated had incidents of fights at pop and cork but could not give specifics as it sounded like she was working off the rumors. Judge Zuniga requested that she get more specifics on those incidents and who would be testifying in regard to those incidents.
Defense attorneys began asking for discovery of this information of those fights, and later on Mme. DA did provide some bate stamp numbers of that discovery.
Motion #37 the prosecution wants to put on evidence of motive by Frank Carson statements of the threats to Michael Cooley as testified by Ronald Cooper and Ricky Cooley. She stated there is other information on actual incidents were Frank Carson went to the lander house where Cooley lived.
Marlisa Ferreira also noted there were boards with nails place by the fence where entry was being made and Robert Jaquish incident is also available. It was also noted by the court that Robert Jaquish has since passed away and is an issue to be addressed later. Marlisa Ferreira also discussed the issue of Tonya Johnson, a renter, and Frank Carson’s property, talking to the police and then receiving threats from Frank Carson, Tonya Johnson also did a media interview discussing Korey Kauffman’s death possibly in her garage.
Mme. DA also talked about Frank Carson accusing the niece about not paying rent in one of his properties and then stole some books from him. She stated that Frank Carson threatened them, and they were afraid to go back even leaving a car there at the property.
She stated that in 2005 there was an incident at the courthouse were Frank Carson was pounding on the front doors after hours to get in and was told the court was close and he forced himself by the staff at the door saying that he had a verdict with the jury and needed to get in.
She stated there was another incident at the courthouse and again with another court staff but did go into details about that one but said there was another person by the name of Nixon and a second one by the name of Windstrand who was an antique dealer that he found to be in possession of his property. She said the Frank Carson agreed to pay for the items loaded them up but then left with before paying.
The judge interjected at this time saying the motion says it is a motion of threats to kill Cory Kaufman like the patrols on the property and such and the Robert G keys incident not all these other incidental incidences and are character assassination. She also noted that Tonya Johnson incident was not allowed during the preliminary hearing and probably not going to allow it now.
Marlisa Ferreira noted there was a law enforcement contact with Frank Carson and he was advised to call 911 when these incidents were occurring and in fact there was one subject who was arrested for grand theft on Frank Carson’s property.
Judge Zuniga stated she wants some state of mind of Frank Carson, the incidents show a short temper and character evidence that is not permissible unless the defense uses it in their defense.
Percy Martinez address the court saying he requested a list of all these incidents and the DA gives him bate stamp numbers of those incidents again. He also stated that these type of character attacks are not allowed by law. He also noted there were no convictions for any of these defendants in any court.
Jai Gohel had nine motions that he filed, and they were going to his next.
She stated number one had already been resolved in one of the DA motions, but they never said what it was.
Motion #2 he requested that sanctions be available if any misconduct becomes apparent like discovery issues that they’ve seen in the past. The judge said that is not a problem it could be done if necessary.
Motion #3 he requests a 402 hearing on photographs taken by a criminalist in the yard at pop and cork when they did the walk-through with Robert Woody. Marlisa Ferreira stated that the criminalist determined that there was a previous hole in the ground on the side of the wall where they dug did look like different layers. But no samples apparently were taken.
Judge Zuniga stated that the criminalist is not an expert but just general knowledge of such things, and the 402 hearing is granted.
At this time, they began a long discussion of future dates like December 5 and some of the things scheduled, and Marlisa Ferreira stated that she is starting another trial in another court during that time even though she knows that she has these motion hearings going on for the next couple of weeks. Judge Zuniga was not pleased and there was a lot of confusion in the courtroom for short while.
Judge Zuniga tells all the attorneys to plan on being here through December 15 and Mme. DA needs to make other arrangements for her trial. So, on December 12 she scheduled the 402 hearing on the experts analysis of the ground.
Then the silliness really started. Judge Zuniga noted that Marlisa Ferreira and Robert Forkner had requested to change the seating arrangements and tables in the courtroom. The judge was suggesting that the old table be brought back into the courtroom and having the defendant sit behind the attorneys, but some of the attorneys requesting closer access to their clients and want to sit next to them.
Marlisa Ferreira stated in 20 years working in these courts she is never used the table like they have in there now and cannot work properly. Judge Zuniga noted she doesn’t really care how the courtroom is set up, it’s up to the attorneys to work it out.
The defense attorneys all now want to leave the arrangement as it currently is there sitting right next door to their clients and Marlisa Ferreira continues to object.
Finally, they move on to motion #4 were attorney Gohel is requesting a clarification on the priors of Bobby Atwahl as there are no convictions of anything. Apparently, that is to be provided.
Motion #5 new attorney is asking to exclude the use of the Poon job be language equivalent of “sisterfucker” which is a regular term used by many people involved in this case. He stated it could create a prejudicial connotation just simply using the term.
Mme. DA says all defendants use it in a derogatory form and it does not undermined the case. Judge Zuniga stated that she will have to review the wiretaps to decide.
Motion #6 the attorneys are requesting that the Robert Jaquish situation be researched as he is now deceased, and they don’t know how it affects his testimony.
Motion #7 he requested that Poon job be transcribers and interpreters all be certified through proper qualifications as apparently there is a problem with this in the past, and he is going to bring in his own transcribers for some of this information. To be determined.
Motion#8 a motion to exclude evidence given by the cell phone expert as Jim Cook’s qualifications are in question, because his qualifications listed were part of sales activities not cell phone information and won awards with the company for sales. To be determined.
Motion #9 the judge said it was already done they didn’t specify what it was.
Attorney Hans list of motions:
Motion #1 the judges again said it was already done didn’t specify what it was.
Motion #2 to exclude information on D Atwahl, and requested district attorney’s offer of proof on some of the information she is giving. Again, to be determined.
Motion#3 is requesting no mention of the Atwals northern writer gang information brought up previously, as it is all hearsay and no fact involved.
If he shows that all is She stated that D Atwahl had told people he was a northern writer which was a lie, as he is not affiliated with any gang. But he did try to build himself up with other people by saying such things.
Judge Zuniga stated just a connotation of saying that he belongs in a gang gives a connotation that he hangs out with bad people, or a bad person. And again, a lie by a defendant’s character evidence and not allowed.
At this time, it was the end of the day and court was taken into recess to restart tomorrow at 9 AM