FOR ALL THE MARBLES CONTINUED
WEEK TWO IN REVIEW
FRANK CARSON ET AL MURDER TRIAL
BY WILLIAM THOMAS JENSEN (TOM)
Week 2, Day 5
We start out Tuesday morning at 9:00AM with no jury in the courtroom. We have some major issues to resolve before defense attorney Hans Hjertonsson can do his opening statements. The judge immediately starts talking about technical difficulties with the computer system. When we finally get things going, defense attorney Percy Martinez starts speaking about an issue concerning former bail bondsman Praveen Singh, who had worked off and on for Frank Carson on various cases. Singh had gotten into trouble with the law concerning an incident where he allegedly shot a weapon into an occupied house. There were some other allegations against Singh as well. Percy Martinez speaks about how Praveen Singh was taken to the Stanislaus County DA’s Office and interviewed.
Praveen Singh, in the interview, immediately tried to make a deal for leniency in exchange for providing information on Frank Carson, and cases that Frank Carson was working on. Singh provides information on a shooting that took place on Rock Pine Court in Modesto. Frank Carson was representing a person connected to this case. Percy Martinez states that Singh was providing private attorney/client information to the DA Investigators. Percy states that Kirk Bunch knows that this information is private confidential attorney/client information. Judge Zuniga asks: “The bottom line is what does this have to do with this case?”
Percy Martinez states that after Kirk Bunch asked some questions from Singh, he stops and gets some legal advice. Percy states that Detective Navarro then started asking questions about the inner workings of Frank Carson’s murder defense, and if Frank Carson was going to be able to bail himself out of jail.
Marlisa Ferreira argues that no prejudice against Frank Carson resulted from the eavesdropping that happened on what was going on in Frank Carson’s office. Percy states that Praveen Singh provided information concerning a private investigator named Jack Able who worked for Frank Carson. Jack Able was highly involved in Frank Carson’s murder case. Percy cites Marro vs Superior Court that would apply to this type of situation.
Percy Martinez states that despite having a 6 ½ hour interview with Praveen Singh, the only written report was a 1 ½ page report on a buccal swab DNA sample that was taken from Singh. Percy asks Judge Zuniga to dismiss the case, or sanction Marlisa Ferreira so that Praveen Singh will not be able to testify in this case. Marlisa states that the declaration is hearsay, and Judge Zuniga agrees.
Marlisa states that there is no evidence to support the attorney/client privilege between Praveen Singh and Frank Carson. She states that Frank Carson has no standing. She speaks about how Singh had his own cases, and was contained in text messages between Christina DeFelippo and Georgia DeFelippo. She states that Singh was arrested on multiple cases, and this includes a Federal case for real estate fraud. Marlisa states that this interview of Singh was video taped and discovered to the defense on 9/04/2015. Marlisa: “We did not hide this.” The defense has had a huge job of going through over a trigabyte of discovery that was turned over by the prosecution. Much of this discovery came to the defense in a very untimely manner. Marlisa reminds Judge Zuniga that Kirk Bunch left the room, and asked for legal advice during the interview once he found out that Frank Carson was the attorney. Judge Zuniga states: “There is no legal basis for this motion, no interference to Frank Carson’s right to council, no prejudice.” Motion denied.
At 10:33AM, we take up a motion concerning Michael Cooley. All the defense attorneys join on this motion. Hans states that the arguments by Marlisa Ferreira all go to the weight and not to the admissibility. Hans states that Eula Keyes indicated that Michael Cooley buried Korey Kauffman’s bike in his backyard, and that someone later had dug up and stolen the bike. Hans states that if Eula Keyes denies this, Kim Stout could be put on the stand for impeachment. Hans states that Michael Cooley pulled a knife on Ronald Cooper because Cooper was showing an interest in Eula Keyes. Hans speaks about John Field speaking about Cooley using knives, and how a State Criminal Investigator named Miss Springer had found what appeared to be two knife cuts in Korey Kauffman’s coat, and at least two bullet holes. Hans states that Michael Cooley uses knives, and that Michael Cooley was upset with Korey Kauffman shortly before Korey Kauffman went missing.
Marlisa states that there is no connection between Michael Cooley and the crime. Give me a break! He confessed to two people that he murdered Korey Kauffman. Marlisa states that most of this is hearsay, with the exception of Mr. Field. Submitted.
Judge Zuniga states that she has spent a huge amount of time going over the evidence concerning Michael Cooley. She states she took up a whole wall in her home putting up stickies with facts concerning Cooley, and her comments during the preliminary hearing. She allows the defense to bring up Johnny Padilla, and Johnny Field in their defense. She states that the defense can’t use Kimberly Stout because there is no foundation. She allows the defense to use Keith Hobbs, and Charlie O’Dell in their defense, but says the defense can’t use Ronald Cooper. Judge Zuniga allows the defense to use the testimony of Eula Keyes in their defense. Judge Zuniga cites the People vs Hall as the “seminal case” in the prevailing law concerning her rulings.
Now the really big banana folks. Judge Zuniga rules on the defense being able to use Michael Cooley in their defense. Judge Zuniga: “This is a properly raised 3rd party culpability defense that has been raised by the defense.” Judge Zuniga: “This is an issue that I can’t take from the defense.” Judge Zuniga: “It’s enough, motion denied.” Marlisa Ferreira had originally made a motion to exclude the defense from using a 3rd party culpability defense, and the judge had finally realized that her inclinations to prevent this type of defense was blatantly wrong. I think she knew that she would be reversed by a court of appeal. This is huge beyond words. We finally have the ability to launch a vigorous defense, and the jury will be able to see the truth.
Judge stresses to the attorneys that no one can mention anything concerning polygraph exams or voice stress analysis during their arguments. She says this several times. She states that Ronald Cooper, and Praveen Singh, and Patrick Hampton will need to have lawyers present. I think Michael Cooley will especially need to have a lawyer present when he testifies. It is my belief that he is the most likely person to have killed Korey Kauffman. It is now time for our lunchtime break. I haven’t felt this upbeat in a long time.
It is now 1:39PM, and the jury is brought into the courtroom. Defense attorney Hans Hjertonsson tells the jury that the evidence will show that the three-people charged in this case are all innocent. Hans states that Marlisa Ferreira will present an enormous amount of evidence. He talks about 25 search warrants, phone taps, etc. and how the evidence will not add up. He says that the prosecution’s case all boils down to the testimony of Robert Woody.
Hans now goes over the many different statements of Robert Woody, and how all of the statements were lies. He tells the jury that Robert Woody will tell them that he lied. Hans: “He lied to Marlisa, to Kirk Bunch, to Steve Jacobson, to Sargent Domby, to Detective Evers, to Detective Brown, to the attorneys, etc. Hans: “He will lie to you.” Hans now goes into all the dates and interviews that Robert Woody had, and to field trips that he was taken on.
Hans speaks about the initial interview of Robert Woody, and how it lasted over 7 hours at the DA’s Office. This took place immediately after Robert Woody was arrested on 06/25/2012. Hans states that for four hours, Robert Woody denied any involvement in this case. Hans states that after four hours, Woody was taken on a bathroom break. He states that Kirk Bunch tells Woody that they will not be discussing anything during the break. When they return from the break, it is evident that there had been a discussion that was had during the break. This was not recorded. Hans states that after the break, Woody admits that “He was there” during the alleged killing of Korey Kauffman.
Hans speaks about how Bunch tells Woody: “We are trying everything we can to help you.” Bunch: “We have you on a body wire done by Miranda Dykes where you said that you did it all by yourself and fed him to the pigs.” Woody made a comment that he was stupid, drunk, and high on dope. Hans asks the jury what happened during the 18 minute bathroom break. Hans tells the jury that Bunch is heard saying: “Tell us what we want to hear.” Hans tells the jury that Woody told the investigators that they parked the pickup truck with the body of Korey Kauffman on the asphalt. Hans then shows the jury a picture of the dirt road where the truck allegedly parked. There was no asphalt. We now take a break.
Defense attorney Jai Gohel now presents his opening statements to the jury. He speaks about TMI, which is short for too much information. He states that Marlisa Ferreira presented far too much information in her slide show. He states that Robert Woody is the central figure in the prosecution’s case. He speaks about a long interview on 03/01/2012 where Woody had confessed that he had killed Korey Kauffman all by himself and had fed Korey Kauffman’s hands and feet to the pigs. Jai Gohel states that Robert Woody had been high for days on methamphetamine. He states that Kirk Bunch had told Woody that he was subject to special circumstances that would make him elligable for the death penalty. Jai Gohel tells the jury that Robert Woody was in the crucible. Gohel questions the lack of corroboration of Robert Woody’s statements. He speaks about how Robert Woody’s phone records do not support his statements. Jai Gohel states that Michael Cooley was the last person to see Korey Kauffman alive. He speaks about Cooley saying that Korey Kauffman was going to go over to the Carson property to steal some aluminum irrigation pipes. Jai tells the jury that there were no outgoing calls from Korey Kauffman’s cell phone after 10:30 on 03/30/2012. He tells the jury about Patrick Emery, Nichole Emery, and Walter Wells saying they were at Pop N Cork Liquors until around 2:00 AM.
Jai Gohel tells the jury that there were no phone calls to Pop N Cork Liquors by Baljit Athwal or any calls from Baljit Athwal to either Daljit Atwal or Robert Woody on the night that Korey Kauffman was allegedly killed. Woody has testified that Baljit Athwal had called them over to the Carson property to assist on the night that Korey Kauffman was allegedly killed. He speaks about a three-hour gap in calls until around 12:30AM. Jai Gohel states that the cell phone evidence states that the Athwals were not in the cell phone sector of the Carson property at the time that the prosecution has said they were killing Korey Kauffman. He speaks about how testimony from Woody states that no flashlights were used on the Carson property, despite all the obstacles and storage containers on the property. It would have been impossible to walk around the property without having some sort of lighting. He tells the jury that Korey Kauffman’s pants were found to have a small headlamp in one of the pockets.
Jai Gohel tells the jury that Robert Woody stated that he heard only one shot as he was walking from the Carson property. He states that forensic evidence shows 2 and possibly 3 bullet holes in Korey Kauffman’s coat, and two slashes under one of the arms that appear to be made by a knife. He states that there were no complaints from any of the neighbors of gun shots. He states that Michael Cooley, who lived behind the Carson property had dogs, but none of the neighbors heard any dogs barking. He states that no investigating officers canvassed the neighbors. Jai Gohel questions whether there is any evidence that Korey Kauffman had been murdered.
Jai Gohel speaks about how a soil compression expert had examined the place where Woody testified that the body of Korey Kauffman had been buried. He states that there were many holes in the side yard of Pop N Cork, but only that one place was examined. He speaks about how a DNA expert found no DNA evidence despite all the bleeding that was described by Robert Woody. He states that no physical evidence was found on the Carson property. No blood or DNA was found on the Carson property. Jai Gohel said that no soil samples were taken at Pop N Cork Liquors. This seems to be deliberately done to me.
Jai Gohel tells the jury that Michael Cooley buried Korey Kauffman’s bike in his yard, and said that it had been dug up and stolen at some later time. He tells the jury that no soil samples were taken from where Cooley said the bike was buried. Jai Gohel: “What is there no evidence of?” He tells the jury that the defense did canvass the neighbors around Pop N Cork Liquors. He states that the neighbors reported that there were no barking dogs. One of the neighbors spoke about his dogs, and how they would always bark when they heard anything. Neighbors with the last name of Verner and Morrison said that they saw nothing, despite their well-lit view of the Pop N Cork Liquor side yard. Jai Gohel states that DNA analysis of the remains found in the Mariposa forest proved the remains to be that of Korey Kauffman. He states that no DNA from Frank Carson, Baljit Athwal, or Daljit Atwal was found with the remains of Korey Kauffman.
Jai Gohel now tells the jury that Robert Woody testified that he cut the fingers and the toes of Korey Kauffman with a sheet rock knife, and had put the boots back on the feet. He questions why there was no blood evidence found on either of the boots, even though one of the boots was completely intact, and would have protected the blood evidence from the elements. He tells the jury that there was no comparison of DNA from Michael Cooley done with the remains that were found.
Jai Gohel now speaks about the theft of the 2007 Chevrolet Silverado that was owned by Baljit Athwal. He states that Baljit Athwal called the police between Midnight and 5:00AM. The prosecution has stated that both transponder keys for the Silverado were accounted for, and that it would be impossible for the truck to have been stolen. This year and model of Silverado truck was the 7th most likely vehicle of its type to be stolen that year, so I don’t think the prosecution is right on this issue. He states that Robert Woody initially stated that the body of Korey Kauffman was moved immediately to the mountains, but then changed his statement to say that the body was moved on a later date. He states that Woody changed his story to say that the body was buried at Pop N Cork Liquors and then dug up and moved to the mountains 27 days later.
Jai Gohel now speaks about the history between Frank Carson and the investigators that are involved with this case. Frank Carson, at the time of his arrest, was poised to confront Steve Jacobson in court about being assaulted by Jacobson in the courthouse. Steve Jacobson was about to be prosecuted for tampering with an alternate juror in the AJ Pontillo case, which Frank Carson successfully defended. All 16 jurors voted for acquittal in that case. It was a travesty of justice, and AJ Pontillo’s pregnant wife died during the trial. I heard she died from a ruptured aneurism. I feel the stress of the unjustified case against her husband contributed to her death. AJ Pontillo lost his unborn child as well. Prosecutorial misconduct certainly has its consequences.
Jai Gohel now tells the jury about how Korey Kauffman’s step father well tell them that Korey Kauffman went missing on 03/29/2012. This conflicts with, and destroys the prosecution’s case. The prosecution has said that Korey Kauffman went missing on 03/30/2012. What a difference a day makes, 24 little hours. That is a great song, that rings so true in this trial for all the marbles.
Jai Gohel tells the jury that Michael Cooley told Officer David Shaw, of the Turlock Police Department, that Korey Kauffman was going over to the Carson property to steal some aluminum irrigation pipes on the night of 03/30/2012. Officer Shaw is said to be the handler of Michael Cooley. Handlers are officers that maintain a close relationship with informants. It seems as though Michael Cooley in an informant. They call that a snitch on the streets. Jai Gohel tells the jury that Officer Shaw immediately called DA Investigator Kirk Bunch. Kirk Bunch immediately calls in the other investigators that have a history with Frank Carson, and form a task force. The plan to frame Frank Carson is put into action.
Jai Gohel now tells the jury that Michael Cooley was the last person to see Korey Kauffman alive. He tells them that Cooley is a convicted felon, and has done many thefts from the Carson property. He tells the jury that Michael Cooley pulls knives on people, and that Cooley admitted to two people that he was the person that killed Korey Kauffman. He admitted this to John Field and Charlie O’Dell I believe. Jai Gohel tells the jury that no DNA evidence from Michael Cooley was taken by the investigators. He asks the jury to evaluate the motives that would cause the CHP Officers to participate in a murder. It simply does not make any sense for the officers to get involved with a murder.
Jai Gohel now goes into a jail house informant named Victor Navar who claims that Baljit Athwal and Daljit Atwal confessed to him that they killed Korey Kauffman. The Athwal brothers were housed together next to Navar for around ten days in San Joaquin County. Navar was, I believe, convicted of murder in a drug sale gone bad scheme, and was facing a very long sentence. He had fled to Mexico, and was captured and brought back for the trial. He was given a reduced sentence of time served plus 3 years for his cooperation. Jai Gohel points out to the jury that Navar certainly has a good reason to lie. I feel there is nothing in the evidence that will corroborate Navar’s lies. It is simply a desperate last ditch effort by the prosecution to rescue a failing circumstantial evidence frame job case. We are now done with the day.
04/25/2018 Week 2, Day 6 For all the marbles
The jury is not in the courtroom at this time.
Jai Gohel continues speaking about Victor Navar. His date of birth is listed as 07/28/1975. His full name is Victor Efran Navar. Jai Gohel calls him a jail house snitch. He was convicted for nine counts in case number 1031296 on 05/06/2002. On May 8th, 2012 he helped pan a robbery. It concerned a marijuana sale. He lied extensively about the marijuana robbery. During the robbery a victim died from a .223 gunshot wound. Navar shot the victim with his AR15 assault rifle. Another victim was wounded during the robbery, and Navar’s crime partner was shot and bled out while Navar and his partner were driving away. Navar dumped his bleeding out crime partner on the side of the road. Navar, according to Jai Gohel, was facing a murder charge. He lied over 60 times during his trial according to Jai Gohel. He was facing 21 years in prison for his conviction. For his cooperation in the Carson case, he was given 11 years. As it stands today, that works out to time served plus 3 years. Jai Gohel points out that this significant benefit certainly gives Navar yet another reason to lie. There were objections from Marlisa Ferreira. Judge Zuniga tells Gohel that she is going to exercise her 352 discretion against him. She tells Gohel that she is going to instruct the jury to disregard his comments about Navar. She tells Gohel that he can talk about manslaughter and how Navar lied to the police. Judge Zuniga tells Gohel that he can brief the situation, and that: “We can go from there.”
It is now 9:48AM, and the jury is brought into the courtroom. Jai Gohel tells the jury that Victor Navar consistently lied to the police in several cases. He tells the jury that Navar was convicted of voluntary manslaughter, and with time served will be out in three years. He tells the jury that around August of 2015 Navar was housed next to Atwals in Stanislaus County jail for around 10 days. Jai Gohel tells the jury that throughout this case the Athwal brothers have consistently denied any involvement in the murder of Korey Kauffman. He talks about the extremely long preliminary hearing, and extensive coverage from bloggers. God, I have typed literally millions of words on this thing, and I am only one of three writers that have covered this case. Jai Gohel tells the jury that Navar is a convicted felon, had lied repeatedly to the police, had killed someone. He tells the jury that they are the judge of facts in this case. He talks about how the prosecution’s witnesses consist of a high percentage of felons, drug addicts, and drug dealers. Gohel talks about the motivation for these people to lie. He talks about their use of drugs, their dealing of drugs, and their connection to Michael Cooley. He talks about how much of the information presented on this case was heard on the streets by admitted liars.
Jai Gohel now tells the jury that Frank Carson has been an attorney for 35-40 years. He tells the jury to look at the witnesses, and evaluate their credibility, and the leniency that has been given them for their testimony. He talks about motives. He tells the jury to compare the motives of Robert Woody and Victor Navar with the motives of the defendants. He says that the evidence will show Baljit Athwal was friendly with Frank Carson, and that the Athwals would drop off a bottle of wine at Christmas. He talks about the motives of Robert Woody, and how the prosecution had told Woody that they could seek the death penalty. Jai Gohel tells the jury that Michael Cooley admitted to two people that he killed Korey Kauffman, had buried Korey Kauffman’s bike in his back yard. Judge Zuniga: “Please stop arguing sir.” Jai Gohel asks the jury to consider the motives of lead investigator Kirk Bunch. He tells the jury how Frank Carson had successfully defended our former mayor Carmen Sabatino, and how this had infuriated Kirk Bunch. He tells the jury how in 2010, DA Investigator Steve Jacobson had assaulted Frank Carson in the courthouse, and how Frank Carson had sued. Jai Gohel tells the jury that the trial on Jacobson’s assault was pending when Frank Carson was arrested. He tells the jury about Steve Jacobson, and how he tampered with a juror in the AJ Pontillo case. Frank Carson successfully defended AJ Pontillo. Jacobson’s trial for jury tampering was pending when Frank Carson was arrested.
Jai Gohel tells the jury to compare the motives when Turlock Police Officer David Shaw called DA Investigator Kirk Bunch who called DA Investigator Steve Jacobson who called in the other investigators that formed the task force. Jai Gohel: “Did they follow the evidence?”
Jai Gohel now speaks to the jury about the charge of obstruction of justice. He tells them about the list of overt acts. The first one was not talking to the police. The second one was protesting outside of the DA’s Office. The third was the filing of law suits. He talks about quality vs quantity. He tells the jury that the prosecution has a whole bunch of witnesses, and how the prosecution has a life of its own. Jai Gohel: “In life, we make choices.” He talks about wire taps, dozens of search warrants, and a so called cell phone expert named Jim Cook who will make around $500,000.00 producing what I think is a piece of crap. Jai Gohel: “After evaluating the evidence, there is only 1 conclusion, not guilty for all the defendants on all the charges.” Jai Gohel tells the jury that “Getting Frank Carson” was the prosecution’s primary objective. He tells the jury that Baljit Athwal and Daljit Atwal were merely collateral damage.
It is now 10:23, and Marlisa Ferreira is about to bring in her first witness. There is discussion about a witness named Rhonda who has not been subpoenaed. I think this is Frank’s sister they are talking about. It seems as though Walter Wells has not been served as well. There is a side bar. I was right, Frank’s sister is told to leave the courtroom. Marlisa Ferreira now calls Tony Kauffman to the stand. He is Korey Kauffman’s father. Marlisa Ferreira asks Tony if his son was Korey Kauffman. He confirms this. Korey’s date of birth is listed as 07/10/1985. Tony Kauffman tells the jury that his son lived with him for seven years from 1993 and 2000. This statement is in direct conflict with testimony from Marlisa Ferreira’s next witness. Tony Kauffman tells the jury that he owns a trucking company, and that Korey Kauffman worked for him unloading trucks for around 10 years. He said that Korey Kauffman had issues with his truck and quit his job around the middle of 2011. Tony Kauffman said Korey Kauffman lived with his Stepfather Kevin Pickett on South Johnson in Turlock at the time of his disappearance. A bunch of other people lived at that residence as well. Tony Kauffman said he would see Korey Kauffman around twice a month, and usually had a BBQ. Tony said that around 2011 he was not pleased with what he saw with Korey. He could tell that he was using drugs. He said that he confronted Korey countless times about the drug use. Tony said that he did not know Michael Cooley. He said that Korey Kauffman was around 5 foot 8 inches, and 140 pounds, and that he seemed to have sunken eyes in 2012, and was not working. Tony said that he would give Korey $100 to $200 every time that he saw him. Tony Kauffman said that Korey Kauffman would ride his bicycle around town, and that it had big tires. He said that by 2012 Korey had lost 10-15 pounds. He said that he tried to get Korey to accept rehab with no success. He said that he took Korey to Hawaii around 2009-2011. Marlisa shows the jury a picture of Korey Kauffman. He looks great in this picture, but was much thinner in 2012.
Tony Kauffman tells the jury that he was gone most of the time, and received a call that Korey had gone missing around April 1st or April 2nd 2012. He was told that Korey was not seen after 03/30/2012. Tony denied that he had ever taken Korey to Mariposa where his remains were found. Tony said that he was a frequent customer of Pop N Cork Liquors. There was a side bar at this time. Tony is asked if Korey Kauffman had sustained any injuries between January and February of 2012. Tony said that Korey was cutting up a trailer with an angle grinder, and the blade blew up and nearly cut off Korey’s left hand. Korey had to go to the hospital, and had to spend the night. His hand was stitched up and covered with a thick bandage. Tony said that Korey did not have normal function of that hand, and that it was wrapped up for 2-3 months.
Tony said that he did not see Korey in March of 2012, and did not get any calls either. Tony Kauffman said that he went to Officer Scott McFarlane’s house after Korey went missing, and listened to what he had to say, but that he did not go to Pop N Cork Liquors. He said that he never met Frank Carson, Baljit Athwal, or Daljit Atwal. He said that Korey would usually always answer his phone. He said that after 03/30/2012 Korey’s cell phone would always go to voice mail. Tony said that he provided Detective Dale Lingerfeldt with a DNA sample, and that he believed that they had found Korey’s body at that time. Tony Kauffman said that he eventually got Korey’s remains and buried him. Marlisa Ferreira is now done with her direct examination of Tony Kauffman.
Percy Martinez gets Tony Kauffman to say that Korey had worked for Tony for around 10 years unloading trucks. Tony states that towards the end of this period, Korey started showing changes. Drugs. Tony said that he did not fire Korey, and that he had quit. Tony Kauffman said that Korey began to scrap metal. Percy Martinez: “Did Korey tell you he was stealing?” Tony Kauffman: “I am not stupid, I told him not to steal. ‘Tony Kauffman: “I did not associate with that crowd on S. Johnson because of all the drugs.” Percy: “Did you get him a headstone?” Tony Kauffman: “yes.” Percy now unwraps a poster sized piece of paper. He approaches the bench. He has it listed as defense exhibit C-A. It is a picture of the headstone. Tony Kauffman says that he visits the grave every month. No further questions.
Defense attorney Hans Hjertonsson takes over. Hans reminds Tony that he told Detective Barringer that he told him that he fired Korey. Tony said that he last saw Korey in 02/2012.
Jai Gohel asks Tony if Korey had a bike. Jai: “Did you attempt to get it?” Tony: “Yes.” Jai: “Did you get it?” Tony: “No.” Jai: “Did M. Cooley refuse to talk to you?” Tony: “Yes.”
Marlisa: “How did you know M. Cooley refused to talk to you?” Tony: “I went there several times and was never able to see him.” Jai: “What was the date listed on the headstone?” Tony: “03/29/2012.” This is huge people. Jai: “Where did you get that date?” Tony: “That was the date he went missing.” Jai: “Did Kevin Pickett give you that date?” Tony: “yes.” Jai: “Did you feel that Michael Cooley was avoiding you?” Tony: “yes.”
Marlisa: “Ever get the bike back?” Tony: “no” Marlisa: “Ever see the bike again?” Tony: “No.”
Percy: “Did M. Cooley ever contact you?” Tony: “No.”
It is now 11:48AM, and Kevin Pickett is put on the stand. He is Korey Kauffman’s stepfather. He was dressed smartly in a suit. This contrasts sharply to the guy that sat in on the preliminary hearing. The key information that Kevin Pickett gave was that he claimed that Korey Kauffman was living with him continuously since he was one year old. This conflicts with the testimony of Tony Kauffman. Someone is telling different stories here folks. My question is why is that person lying over this? The other key testimony is that Kevin Pickett is absolutely sure that Korey Kauffman disappeared on 03/29/2012. He testified that he kept a log book and wrote that down in the log book.
Kevin Pickett said that on 03/29/2012 around 6:37PM Korey told him to take a wheel barrow that he had borrowed back to TJ Samra. Samra was not home, so he took it to Michael Cooley’s house as instructed. Kevin Pickett said that Korey was wearing a white T-shirt, jeans, and work boots. He said that Korey was not wearing a coat. Marlisa shows Pickett pictures of clothing and items found at the Mariposa site. Pickett identifies them. He identifies keys that were found and says one of the keys was for a lock that only he and Korey had that unlocked a tool box in their garage. Kevin said he kept the lock in his garage, and that Kirk Bunch came over with the keys, and that he showed how the one key unlocked the lock in the garage. Pickett said that he drove Korey over to a trailer park on the 29th. It appears that Korey bought some drugs at the trailer park. While at the trailer park, they were approached by some police. Korey had hidden some drugs under the seat of their truck. The police did not find the drugs, and they were eventually allowed to leave. It was a dark blue 1999 Silverado that they were driving. The officers took down the license number of the truck. Pickett said that Korey did not come home that night on the 29th. Kevin Pickett tells Marlisa that Korey always slept at home. Kevin told Marlisa that Korey had said that he was going over to Michael Cooley’s house, and did not come home. Kevin said that he searched for Korey at TJ Singh’s, Cooley’s house, at the Associated Feed place, and had knocked on the door at the Carson place. He looked on 9th Street in Modesto. He said he made a report to the TPD after 72 hours. He said that he made and distributed thousands of flyers asking for information concerning Korey Kauffman. When he finally saw Michael Cooley, he seems distraught, and that Eula Keyes seemed to be nervous. She would look at Cooley before she would answer any of his questions. Pickett talks about a letter that was allegedly written by Robin Attenhoffer, who was Robert Woody’s girlfriend at the time. She later died of cancer.
Percy Martinez gets Pickett to confirm that he kept a log that listed the 29th as the date that Korey Kauffman had gone missing. This date issue literally destroys the prosecution’s theory about this case. Pickett is shown a receipt from TJ Samra’s recycling yard that is dated the day before the prosecution alleges that Korey went missing. That was the same day that Korey and Kevin Pickett went to the trailer park. The evidence seems to me to be rock solid that Korey Kauffman went missing on the 29th. Kevin Pickett says that Michael Cooley directed him to look at the Carson property for Korey Kauffman. It seems to me that Cooley was trying to deflect his guilt. Pickett said that he saw Korey’s bike at Cooley’s house. He said it had a seat on it, but had a flat tire. Pickett said that Cooley told him to leave the bike there for the police. Pickett said that Korey had suffered a hand injury, and still had the injury at the time he went missing. He had a big bandage on the hand. It was the left hand. Korey was right handed. Kevin Pickett said that the flyers that he handed out listed the 29th as the day that Korey had gone missing. Kevin Pickett said that Korey Kauffman could not lift anything heavy on the night that he went missing. How could the prosecution think that Korey could lift heavy aluminum irrigation pipes from the Carson property? We are done for the day now.
04/26/2017 Day 7 For all the marbles
It is 9:48AM. The jury is in the courtroom. Kevin Pickett is back on the stand. Hans Hjertonsson gets Kevin Pickett to confirm that Korey Kauffman had lived continuously with him since Korey was one year old. He gets Pickett to confirm that Korey Kauffman had gone missing on 03/29/2012. Kevin states that he was dismantling a Jeep because Korey could not do anything with his bandaged left hand at the time Korey went missing. He said that Korey was not scrapping at the time that he went missing. This certainly conflicts with the prosecution’s case, and conflicts with what Michael Cooley had said.
Percy Martinez shows Pickett a flyer. Pickett says it is not the flyer that he was handing out when Korey went missing. Kevin talks about how he dismantled a trailer that Korey scrapped. He says that Korey Kauffman did not share the proceeds with the person he was supposed to share it with. (Rudy Gonzalez) Note that Rudy Gonzalez tried to run over Korey Kauffman around 2 days before he went missing and threatened to kill him. Could he be the one who killed Korey? Only the shadow knows. Pickett tells Percy that he will bring in the original of the flyer that he had handed out after Korey went missing. We are done with Kevin Pickett.
After lunch, Patrick Hampton is put on the stand. He has put on an enormous amount of weight since we last saw him. I think of nick names like fat bastard and puffy baby mon. What an asshole this man is. I really don’t know why the prosecution insists on putting on his testimony. Frank had represented Hampton on a case. Hampton claims that he met Frank in the courthouse, and that Frank had asked him to have Michael Cooley “Dealt with.” He said that Frank covered his mouth with a file folder as he told him this. Hampton said: “I wasn’t going to do shit for him.” Hampton told about his ire with Praveen Singh, who Frank had referred him to for bail. Hampton claims that Praveen Singh was trying to collect more money from him than Frank had told him he was going to have to pay. Hampton said Frank had a shitty grin on his face when Frank told him about dealing with Cooley. Hampton said that Frank never told him to fuck up Cooley. Hampton starts to revert to his old habits of mouthing off in the courtroom. He is simply obnoxious. He admits to setting up a phony reference scheme to get some money while out on bail. It is brought out how Hampton had received benefits. He was transferred from Pelican Bay to Corcoran State Prison. He said he was looking at a lot more than 5 years at Pelican Bay before he got involved with this case.
04/28/2018 Day 8 For all the marbles
I had to do many things in the morning, so I will have you listen to Marty’s morning report to get the details. I was in the courtroom for the afternoon. The jury is out of the courtroom at this time. Percy Martinez hands Judge Zuniga a letter that was sent to his office by Patrick Hampton. (Puffy baby mon.) Judge Zuniga reads the letter. She states that the bulk of the letter is irrelevant. She speaks about a disparaging remark about Percy Martinez. Judge Zuniga: “This man can’t control himself.” Percy asks Hampton if he wrote the letter. Hampton: “Yes.” Did you inform me that Mr. Bunch had let you use his cell phone for 2 hours?” Hampton: “That was just to fuck with you.” In the letter, Hampton talks about the bloggers on the internet. It appears Hampton had read our blogs on the internet with Bunch’s cell phone. Hampton says it is all a lie about the cell phone. Percy asks Hampton if he has a tattoo on his forehead that says: “Modesto.” Hampton: “yes.” Percy asks Hampton if he was wearing make-up. Hampton: “No.” Oh Puffy Baby Mon, please tell the truth.
Hans asks Hampton if he sent a letter to DA Investigator Steve Jacobson where he says “Hey Bud” I just want to do the right thing. He admits he is a career criminal. Hans list all of his many convictions. Hans covers all of Hampton’s disparaging remarks about the defense attorneys like calling defense attorney Jesse Garcia a pedophile on a skateboard after Jesse had broken his ankle after tripping on the curb in front of the courtroom. Hans gets Hampton to admit that he was housed in the same cell with Robert Woody on two separate occasions in Tuolumne County. The first time was for a period of one week. The second time was for a period of two months. Since they are both key witnesses in this case, this was inexcusable. Jai Gohel asks Hampton questions concerning his bail bond payment dispute with Praveen Singh. Hampton admits to Jai that he worked as an informant with the Stanislaus County DA’s Office in 1993 while he was in Pelican Bay. Hampton admits that he knows Michael Cooley from a stay at Duel Vocational Institution. (A prison.) He states that he is familiar with Ronald Cooper from prison as well. Hampton admits that he told Praveen Singh that he was going to kill him, and that he was looking at Singh’s wife through a scope on a rifle. Hampton said that Praveen Singh had threatened to taze him. Hampton: “He was trying to collect his bail money.” Hampton: “I was upset that Singh had stolen my vehicle.” This was probably taken to satisfy some of the money that Hampton owed.
Marlisa asks Hampton how he thinks he has been treated by the defense attorneys. He speaks about insulting comments such as calling him a snitch, and rat. He says that Percy Martinez had made insulting gestures at him while he was on the stand like adjusting his glasses with his middle finger. Hampton then points out Marty Carlson in the back of the courtroom. We have a side bar. Hampton states that he is aware that his testimony has been put on the internet. He says the information is now on the street. He mentions Dawgs Blog by name. We have another side bar. Judge Zuniga asks for an offer of proof.
Marlisa says this goes to Patrick Hampton’s credibility. She speaks about consequences Hampton will have because of his testimony. She speaks about he is now called a snitch on the streets. Marlisa makes allegations that transcripts have been posted on Dawgs Blog. This is a blatant lie. We know that this is illegal to do and have not posted actual transcripts on the blog. It is revealed that the courtroom recorder sells transcripts, and Judge Zuniga states that this is perfectly legal for her to do so. She states that it is the policy in Stanislaus County that this can be done. Judge Zuniga: “He is such a loose cannon.” Judge Zuniga asks Marlisa what the nature of the threats against Hampton were. Marlisa says that someone on the streets told him that he was a snitch. Marlisa: “He still suffers consequences.” Judge Zuniga states that she had her head down looking at her computer and missed almost all of his antics in the courtroom. She said she would admonish Hampton, but that it would not deter him from further antics. Percy Martinez takes exception to Hampton’s remarks about his misconduct to Hampton. He is upset this was said in front of the jury. He states that the courtroom in Department 26 was packed with officers, and not once was anything said about any misconduct on his, or any of the other defense attorneys. Marlisa states that she tried to put things on the record. Judge Zuniga: “I don’t recall any time you were complaining about this. Judge Zuniga said that she got upset with the audience complaining to the bailiffs about things. Percy brings up the incident in Oakdale where Hampton was surrounded by the SWAT team for 3 hours. Hampton had made allegations of threats from Percy Martinez that were completely unfounded. Percy states that Hampton has hurt his integrity. Percy states that he can’t be a witness in this case to defend himself. He states that Marlisa’s offer of proof is pathetic. Percy states that the prosecution writes reports on everything that goes on in the courtroom, but never has written anything concerning what Hampton has said concerning Percy. Percy: “This conduct amounts to misconduct.” Submitted. Hans states that we could get surveillance videos to prove that this is a lie. Marlisa states that surveillance videos are expensive to get. My God, they are paying a high school graduate $500,000 to give “Expert” cell phone evidence in this case, and they can’t pay for surveillance videos. What a farce. Jai Gohel states that Hampton was flipping off people, winking at people in the audience, and blowing kisses. Jai wants the judge to at the very least admonish Hampton. Marlisa states that she has never made any accusations that Percy Martinez has done anything. We are done for the day. I have been typing the whole day. Time for a six pack of Coors Light for sure.
William Thomas Jensen (Tom)
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