Short day of motions
by Marty Carlson
The morning session started about 9:50 AM and in the courtroom, was Rob Taro County Counsel who was there regarding the pitches motion that is upcoming. I believe it’s on Kirk Bunch. They agreed that the motion would be heard on December 19, 2017 at 1:30 PM.
The judge then noted regarding attorney Hans motion that Scott Rawlins identification be precluded due to not being relevant and tainted, she stated that she read some of the transcripts of the police reports but not preliminary hearing transcript, but there were points in the reports that said Scott Rawlins had some contact with Korey Kauffman and knew who he was. Motion denied.
Marlisa Ferreira then address the court while handing out paperwork to all the attorneys regarding Victor Navarre in any offers that he had received. The memo was written by Deputy DA Lucero who is handling the case.
Mme. DA also noted that she had a list of the all the photographs taken of the various sites and was dispensing upon the attorneys and they were going to go through the photos, in fact they were before court started and the box fell over and they all got mixed up again. So that is going to be worked on very soon.
She also turned over a list of the text messages that they wanted to use in court and a list of the prior acts of violence by any of the defendants.
She stated that Kim Stout has been served for the December 13 date for the 402 hearing on the excited utterance that she claimed to hear Korey Kauffman make after being threatened.
Cory Brown has been unable to contact anyone regarding the computers and getting them copied, there have been emails sent and there was one comment be made between the parties that said they need to get those computers the court today. There was a lot of confusion regarding these computers as apparently there some legal problems going on between the former company in the current company this been assigned analyze them. The judge also noted that she cannot take physical possession of those computers they need to be put with a special master. Judge me new key and has been contacted to appoint a new special master that he has not responded as of yet.
Judge Zuniga told the district attorney to have Cory Brown contact the people that are involved in be very assertive and immediately get copies of that hard drive back to Frank Carson, and she said be very persistent about it and she wants an answer today.
Resorting back to the motions:
Motion #24 for Percy Martinez is asking that Steve Jacobson be ordered to not wear any religious symbols like a cross around his neck that he’s states he is seen wearing constantly. And he said he wears across all the time. This is after the religious Asser Tatian’s that were made by Steve Jacobson the Robert Woody in the transport that they all feel was inappropriate the way he handled that. It could prejudice the jury.
Marlisa Ferreira stated she has never seen Steve Jacobson where a cross and all the time that she’s known him, so the judge stated that is not a problem motion granted.
Motion #25 the defense is asking to not bring up any street news or rumors through testimony before the jury and also to redact any unacceptable comments or statements along that line’s in the recordings.
The District Attorney’s Office stated that is to law office visits, the Maranda Dykes body wire, the Atallah wire that was worn, all those recordings are to be played and contain such things. The judge stated they can object if anything like that were to come out during testimony.
Motion #26 the fence is asking to prohibit the list of questions that were dropped off it Frank Carson’s office on August 9, and then the officers had gone back to the office and never asked about the questions that Frank Carson was simply telling them to get out.
Mme. DA stated the argument made by Percy Martinez is ill relevant as Frank Carson had told them to put in writing the questions that they did and then they came to the office, and the actions whether in the office shows Frank Carson state of mind and his intent.
The judge at that time was even sure if those questions were ever marked as evidence. Then discovered it had been.
In Percy Martinez stated Frank Carson had actually talk to investigators but did notified them that he would not discuss the situation was Frank Navarro as he did not trust him. Then a search warrant was served on July 15, and then visited the office on August 9, about 45 minutes after dropping the questions off he stated the nature in the tone of the question should not be allowed, but he had no problem with the visit itself that could be.
Mme. district attorney argued it is unknown if Frank Carson ever received the questions as he was not there when they were first dropped off. She also stated the visit was recorded and it goes to proof Frank Carson saying he would talk about it but then didn’t. It all goes to intent state of mind and denial.
As I was busy writing things down, I heard the judge starting to chastise somebody for using their cell phone in the courtroom when I looked up to realize he was talking to Marlisa Ferreira who has an ongoing habit of doing such thing. Judge is being very stern with her asking her to stop and don’t do it again and has repeatedly warned her.
Percy Martinez argued that looking at the questions that are listed they are statements of theory and actually are accusations not questions. Frank Carson used his constitutional right to not talk. The people cannot use his exercising his Fifth Amendment rights against him. He stated that the District Attorney’s Office says his state of mind makes him guilty because he won’t talk but in his right to not talk.
The district attorney argued it’s not clear if Frank Carson invoked a right to an attorney or what. She stated he was not in custody and not detained, it was in his law office and had dialed 911 call he law enforcement over that he had never actually made an invocation of wanting an attorney.
The judge granted this motion stating that the questions were poorly written and not actually questions.
Motion #27 the defense is requesting that the district attorney office when asking questions of people like Jim Cook or even Patrick Hampton to stop using scenarios and theories. Sometimes they talk about an issue and the witness change the question to answer. It is vague and speculative. The judge actually denied this motion saying that can be handled on a case-by-case basis through objections.
Motion #28 there is to be no mention of steroid use by any of the defendants or witnesses. Granted
Motion#29 the defense is requesting that no mention be made of Cory Kaufman being a victim, as it is not sure exactly he is as of yet, due to no cause of death. Percy Martinez stated since there is no proof of a homicide it is argumentative.
Judge Zuniga stated there was a recent federal case that allows to refer to someone as a victim, but it only applies to the DA and a judge cannot. Motion denied
Motion#30 the defense is requesting prior notice of any presentation of prior activities taken by any of the defendants before it’s used in court, that’s typically done in discovery.
Motion#31 defense is requesting no contact of witnesses once they are on the stand, as occurred with Linda Sue Burns and Kirk Bunch, the judge stated that issues our he been addressed.
Motion#32 the defense is requesting a jury instruction specifically addressing Patrick Hampton and his antics, since the District Attorney’s Office is insistent on putting back on the stand. The motion was denied that the judge did note again to the District Attorney’s Office there make a mistake if they put Patrick Hampton back on the stand.
Motion #33 defense is requesting that the witnesses be admonished for rephrasing questions and this is similar to one it was earlier asked of them, specifically Steve Jacobson was targeted and was exampled. The judge stated they need to simply objective that occurs.
Motion #34 defense is requesting prior to Kirk Bunch testifying he be ordered to respond to the questions and quit being so unresponsive, the judge said that was dealt with yesterday.
Motion #35 defense’s objecting to the use of the Jim Cook presentations and requests a 402 hearing to determine how it’s going to be done as his PowerPoint displays are very slanted and prejudicial.
Judge Zuniga stated this does not require a 402 hearing, and noted during the second prelim Jim Cook was much better than the first. That she did tell the DA the find out what slides and presentation to you be using and make them available for review.
Motion#36 the judge said it was already handled apparently was in regard to Jim Cook the defense is objecting if Jim Cook starts going sideways into some of his narratives. Already been dealt with.
Motion #37 defense is requesting that the DA be prohibited using references of Georgia DeFilippo and Christine DeFilippo conspiracies theories.
That was the end of the day as we are only working ½ day and just before we walked out the courtroom they put on the record that Robert Forkner with Frank Carson’s permission has withdrawn from the case and will be solely handled by Percy Martinez.
Court then went into recess next court date is next Tuesday, December 5, 2017 at 9:30 AM.