REVIEW OF PICTURES AND WIRETAPS
by Marty Carlson
Before I get started on the afternoon session, just want to note that I had originally uploaded the wrong file for the morning report as it was yesterday’s report but has since been fixed.
The afternoon session started about 1348 hrs. and they were talking about a wiretap from June 29, 2012 and Judge Zuniga wanted to listen to the wiretap to make her final decision whether to allow it or not. It was Frank Carson talking to Ryan Schmidt, discussing about fixing the barn. Some of the call is what they call minimized for some reason and they stopped recording. They picked up again where Frank Carson was making a comment of I had nothing to do with any of this, in addition Frank Carson’s dad was in the hospital not expected to live too much longer. He was also discussing by making funeral arrangements for his dad and was becoming a bit emotional about everything that was going on.
Judge Zuniga asked the relevancy of the call and Marlisa Ferreira said that the first part of the wiretap they were discussing the woman in the back who had made the comments about her “women’s intuition” causing law enforcement to want to search the barn. Frank Carson talking about that event show state of mind and consciousness of guilt. She also noted that Frank Carson was angry about her statements to law enforcement. Judge Zuniga interjected and said Frank Carson’s tone was not one of anger, in addition part of the call is minimize prior to Frank said he didn’t do it which made judge Zuniga curious about what was said that led up to that.
Mme. DA also stated that the call should be heard but not in the entirety when Frank Carson talks about his father’s funeral he gets emotional which shows a consciousness of guilt.
Percy Martinez interjected saying Frank Carson state of mind is about law enforcement being told there is a body in the barn when he knows very well that is not true and is an outright lie. Kathy Grinolds statement was pure speculation with no other evidence other than her motherly instincts. Percy also noted Frank Carson was looking for a burial site for his father, who passed away the next day, and all this was based on a lie. Frank Carson never told Ryan Schmidt to not talk to law enforcement.
Judge Zuniga stated parts are allowed but the rest is denied I was not sure which parts were which but it we can pretty much guess, they were going by line numbers.
Percy Martinez also stated that the minimization of the call does not give the proper context of Frank Carson’s statement of “I didn’t do it.”
They moved on to July 6, 2012 wiretap it was Daljit Atwal talking to another person, they said the name, but I could not catch who it was. Again, judge Zuniga is asking the relevance.
Mdm. district attorneys stated that it is the focal point of them being followed.
Again, judge Zuniga stated she does not understand the relevancy of the other person and what they think about them being followed.
Marlisa Ferreira stated it is the beginning of conversation about trackers and it relates to the next phone call, with Sandy Villalobos.
Judge Zuniga started reading the next wiretap transcript to see if it relates.
Marlisa Ferreira stated it relates to the trackers on cars or suspicion that there were trackers on cars and there was one conversation about how someone had set up somebody for a DUI with a tracking device. I could not follow well what they were talking about.
Attorney Hans objected saying all these calls with this subject by the name of Roland Gordo or something to that effect, he is the one that feels he’s being followed. In addition, most people out late at night like when they close the store are concerned if they are being followed after closing and where people think they may be carrying lots of money. Also, there is a call that the DA claims somebody is trying to get somebody else beat up in the jail, I personally haven’t heard that one, but it goes to character evidence anyway is not allowed.
Judge Zuniga note the district attorney is assuming that Daljit Atwal knew law enforcement was following him, and asked what they were trying to prove that this call.
Mme. district attorney says most people call police when they’re being followed, but would they call the police if they’re being followed by the police? She stated that the Atwals were involved in insurance fraud, steroids, guns, and many other things, and it shows intent.
Judge Zuniga very adamantly said NO NO NO! This is nothing but Bad character evidence the two calls are not allowed.
Next, they went to a phone call on July 9, 2012 where Daljit Atwal was talking to Eduardo Quintanar.
Judge Zuniga noted that she had previously not allowed this phone call in the pre-lims why should she now?
Marlisa Ferreira stated it is relevant with the follow-up call as Quentanar is giving advice as a law enforcement officer and Daljit Atwal knew he was being followed due to flyers that were out in interviews being done. She stated that Daljit Atwal was trying to cover himself and he called Quintanar.
Judge Zuniga stated that there had been no evidence of Daljit Atwal knowing that the police were under surveillance of him, it will take it up during the trial if there’s evidence that shows he knew he was being followed.
Next phone call was July 11, 2012 which was Baljit Atwal talking to an unknown male. Again, judge Zuniga asked the relevancy.
Mme. district attorney immediately said withdrawn, apparently chose not to use it.
Attorney Hans argued that talking about Robert Woody being told by Daljit Atwal to tell the truth. There is no value of that call whatsoever.
Attorney Jai Gohel requested that the term “Sister Fucker” be removed.
Mme. district attorney says the term is relevant to state of mind and the probative value outweighs the prejudiced, it is used when they are upset and angry.
Jai Gohel stated the term is unusual to Americans and can be prejudicial to foreigners like the Atwals.
This led to a long discussion about the term “Sister Fucker.”
And judge Zuniga asked the DA if “Mother Fucker” could be inserted in its place. She stated the term sister fucker can be prejudicial to a jury and be somewhat deceiving.
Marlisa Ferreira argued that if the term they use and that’s a term that should be related in the transcripts, and they were trying to take the attention off that it is a foreign term. She says changing the wording which did not seem right.
Judge Zuniga noted that the term is used in a derogatory way towards police and that the “MotherFucker” term is better for a jury.
This conversation continued on for some time it was finally determined that the transcript would be changed by the District Attorney’s Office.
Attorney Hans also argued that there are editorial comments by the translators showing up again in the translations of the transcripts. Apparently there putting personal opinions or descriptions in the translations as a been advised prior not to do.
Judge Zuniga advise Mme. district attorney to get them to stop as she told them to stop prior during the preliminary hearing.
That was the end of the day we did finish at 3:30 PM due to one of the attorneys have an obligation, we will start again tomorrow at 9:30 AM.