by Marty Carlson



The afternoon session started at 1:34 PM and there is no mention of the witness, Kim Stout, who had left the courthouse in the middle of her testimony this morning.

They went on to talk about the remaining photos that they were going through, and one group of note, was four pictures of a car similar to the one that Linda Sue Burns stated was following her. Those pictures were captioned as on Frank Carson property. But an objection by Percy Martinez was raised as that was a neighbor’s car, that’s parked on the neighbor’s driveway, his name being Borba.

Mdm. district attorney initially did state that she was not sure where the car was located as these are Department of Justice pictures, and she would have to ask. She also started reading from a transcript of Linda Sue Burns testimony saying that a dark colored car is following her. Judge Zuniga stated that the color of this car is blue and not black as was being said.

Percy Martinez stated that this is a simple solution as the investigators, he is sure, have ran the license plate for the registered owner. And that would solve the issue right off the top.

Marlisa Ferreira stated that the registration to that vehicle was never checked.

Percy Martinez noted that Mr. Barbara’s property is in between the two Frank Carson properties on ninth Street, and that the District Attorney’s Office is not run the registration information on that vehicle is unbelievable.

Mme. district attorney made an argument to the court that the defense is not making credible or legal objections, and was again getting a little antsy.

Attorney Hans noted that the car is an older vehicle and Linda Sue Burns’ testimony referred to a newer darker vehicle that was following her.

Then Mme. district attorney again started reading from Linda Sue Burns transcript testimony, and the car was described at least three different colors one being brown the other being blue the last one being black.

The judge also noted that she was not clear where the vehicle is located in that picture either and was requesting further information as to determine relevance.

There was also some discussion regarding a picture of a van on the Carson property, Marlisa Ferreira stated that was about Robert Jaquish’s testimony, along with Linda Sue Burns and Eula Keyes saying there was a blue van driving up and down the road looking for Jaquish.

Percy Martinez argued that the van in that picture was not blue, but it was an old ratty condition and it looked like it was probably white.

Judge stated that she has to decide if she’s going to allow Jaquish testimony since he is now deceased, and will determine this picture at the same time.

Around 2:00pm Marlisa Ferreira advised the court that Kim Stout had returned to the courthouse, and the judge had her brought in to the courtroom. One of the attorneys who is not available this afternoon and Kim Stout was ordered back to the courtroom at 9:30 AM tomorrow. She is also advised if she fails to appear a warrant will be issued for her arrest.

Marlisa Ferreira was about to advise the court the reasons that Kim Stout had left, and the judge interrupted her and said she is not concerned with the reasons are, that is an issue for the DA and the investigators to figure out. Her only issue is if missed out does not show up in court tomorrow.

At this point they were done with the photos they were moving on to wiretaps as they do not reveal much information and I left the courtroom.

Court to be continued tomorrow and 9:30 AM.