Week 3 Day 8 (Note, this has been corrected)

As Elvis says, I wish for a little less conversation a little more action……. Great song. This trial has devolved into a boring irrelevant piece of crap. We could miss this crap, and not miss anything, but we sit there in inhumane seats watching high paid lawyers arguing stuff that could be skipped. If Marlisa Ferreira does not get into the meat and potatoes of her case soon, she is going to lose this jury. She seems to be reverting back to the antics that caused the longest preliminary hearing in the history of the United States. Now that I am done with my rant, I will try to paint for you a picture of what happened during the morning session.

We start out at 9:16AM with Judge Zuniga talking about how she wants to resolve an issue that has come up concerning Patrick Hampton (Puffy Baby Mon.) She then says that Praveen Singh has stated that he wants to provide more information. (You Dirty Rat)

Defense attorney Percy Martinez talks about DA Investigator Kirk Bunch talking to a man named Frank Drummond. I covered that trial. Frank Carson defended Mr. Drummond. Frank Drummond was not convicted, and I believe the jury voted 11-1 for acquittal. Percy states that during the Drummond trial, a private investigator named Ali Hobson (Now Hayes), gave information on Drummond. Percy states that Frank Carson wanted the information sealed, and the court did seal the information. Percy states that Frank Carson wants this information unsealed, so that he can impeach Ali Hobson (Hayes) on the stand. Percy states that Frank Carson had, at one time, a copy of this information, but let another lawyer have it. Now that lawyer is representing Praveen Singh, and Frank feels uncomfortable about dealing with that lawyer. Praveen Singh is involved in this case, so there is a very real conflict.

Percy Martinez contends that Ali Hobson (Hayes) reached out to the Stanislaus County DA’s Office to provide information in the Drummond case. She testified against Frank Drummond.

Judge Zuniga decides to unseal the envelope containing this information, and reads it over several times. She states that apparently there is a civil lawsuit pending on this matter. Judge Zuniga states that it is still unclear who contacted who. She states that she has to respect this judge’s decision to seal the papers. She states that the only relevant information is contained in the first paragraph, but that it still does not say what Percy had said it said. Judge Zuniga takes the lawyers in camera (In her chambers.) I don’t know what happened in there folks.

At 9:47AM the judge calls for the jury, and they are in the courtroom at 9:53AM. Judge Zuniga has Ali Hobson (Hayes) put back on the stand. She had testified yesterday afternoon.

Ali Hobson (Hayes) testifies that she was working as a bail bondsman during the period of time that the Drummond case was being tried. Marlisa Ferreira gets her to state that she revoked Drummond’s bail because he had traveled to Portugal on a vacation without permission. He was also living in San Diego, when he was supposed to stay within Stanislaus County. It turns out that Drummond got bail from another bail bondsman during that period of time. There was a side bar concerning this issue.

Marlisa asks Hobson (Hayes) if she showed the pictures that she allegedly saw on Steve Duden’s phone to anyone else. She says she showed them to attorneys Mark Sullivan and Tye Bogan. She denied that she spoke to Steve Duden about her husband now working as an investigator in the Drummond case. She speaks about seeing a pickup truck on the phone, but does not know the color or the owner of the truck. She states that she saw an older red car pictured on the phone, but does not know anything about the car or the owner. She states that she heard the name Linda Sue Burns mentioned. It turns out that Linda Sue Burns is a friend of Tye Bogan. She stated that Linda Sue Burns is into methamphetamine.

Defense attorney Percy Martinez starts asking Hobson (Hayes) the questions. He gets Hobson (Hayes) to state that she went to school with Kirk Bunch, and knew DA Investigator Steve Jacobson through her work as a bail bondsman. She states that she no longer is in the bail bonds business. Percy gets her to state that she does not like Frank Carson as a person or as a lawyer. Percy had been calling her Ms. Hobson, and Judge Zuniga reminds him that she prefers to be called Ms. Hayes. Percy Martinez shows Hayes a report. We have a side bar on this.

When the lawyers sit back down, Percy asks her if this report refreshes her memory. She says it does. She states that she met Frank Carson one time in the courthouse when she was revoking the bail of her client Frank Drummond. Percy gets Hayes to state that she revoked Drummond’s bail because he had gone to Portugal on vacation. He eventually got permission to do so.

Ms. Hayes states that she closed her bail bonds business when she became a private investigator. The firm was named Hodson and Hodson. Percy gets her to say that she had not heard anything about Frank Carson’s Turlock property. She admits that Kirk Bunch had told her about Linda Sue Burns. She denied that she had said anything concerning a green station wagon that was owned by Linda Sue Burns. Percy gets Ms. Hayes to state that she was mad at Steve Duden and Frank Drummond for giving her a bad reputation on the internet concerning her providing information on the Frank Drummond case. She stated that she was being called a “Rat” on the street, and it devastated her business.

She states that she had a business named Spy My Heart, and that the name was registered. She stated that Duden and Drummond opened up a business named Spy Your Heart, and people were getting confused, Percy tries to ask her a question if Frank Drummond had given her husband advice about splitting up their investigation business. There was a side bar on this issue. Marlisa Ferreira gets upset, because this is the first she has heard of this, and asks if there was discovery provided on this. She states that it sound like the defense has spoken to one of her witnesses. Marlisa: “You need to provide discovery.”

Percy gets Hayes to admit that she did the bail bond on Joshua Ware, and surrendered him to the court the day before Thanksgiving in 2010. It was during her work on this case when Steve Duden allegedly took the pictures of the cars. The pictures were taken in Turlock and Keyes. She stated that she believed Duden took the pictures in 2011 sometime before May. Percy: “Was AJ Pontillo one of your major competetors?” Hayes: “No.” Defense attorney Hans Hjertonsson asks her if Steve Duden had told her about Linda Sue Burns, and she says: “Yes.” He gets her to admit that she never mentioned the name Linda Sue Burns to Kirk Bunch. She states that she only knew the name of Kirk Bunch while they were attending the same school.

Ms. Hayes stated that she did not like Frank Carson because she had a preconceived idea on him from what she had heard on the streets. The jury was taken out of the courtroom. She states that she had heard rumors about Frank Carson “Buying witnesses.” Judge Zuniga has Ms. Hayes step down and leave the courtroom. The judge says that this is very prejudicial. Percy Martinez states that it is the worst type of hearsay, with no personal knowledge, and asks the court to exercise its 352 powers and bar that statement.

Marlisa Ferreira states that the People need an opportunity to show the state of the mind of Ms. Hayes. Judge instructs Marlisa Ferreira to lead her witness with her questions, and simply have her state that she had formed her opinion of Frank Carson from things she had heard on the streets. The jury is brought back into the courtroom. Ms. Hayes is brought back to the stand.

Marlisa: “Yes or no, did you form your opinion on Frank Carson based on the negative things you heard on the streets?” Ms. Hayes: “Yes.” When you saw the pictures of Frank Drummond on Portugal, was his wife present?” Ms. Hayes: “No.” Marlisa gets Ms. Hayes to state that following the Drummond case, he changed his name to Brian Silva. She stated that she received no money for her involvement with the Frank Drummond case.

Marlisa Ferreira asks Ms. Hayes if AJ Pontillo was a bail bondman. Ms. Hayes: “Yes.” Ms. Hayes denied that she had any problems with AJ Pontillo. Marlisa shows Ms. Hayes some papers and refreshes her memory. She gets Ms. Hayes to testify that Steve Duden brought up the name of Linda Sue Burns. Marlisa gets Ms. Hayes to state that Steve Duden had followed a female to Keyes and Turlock, and had said that he was trying to find out where she was fencing stolen items. Ms. Hayes testifies that Steve Duden had put a GPS tracker on her car, and that she had told DA Investigator about that in an interview. I must note that this contradicts Steve Duden’s testimony.

Ms. Hayes states that Steve Duden had searched vehicles for stolen items in Keyes, and that she had told Kirk Bunch about this. Ms. Hayes told Kirk Bunch that Duden had followed a car to Keyes using his GPS device. Ms. Hayes testified that she had told Kirk Bunch that she would not work for 4 attorneys. Ms. Hayes stated that she shared the information with the investigators because they obviously knew about it, and she did not want to be charged with obstruction of justice. She testified that she told them the truth. It is now time for lunch. The jury is taken out of the courtroom. The witness is taken out of the courtroom.

Marlisa Ferreira states that Ms. Hayes had found a dead rat on her front porch, and was being called a snitch on the streets. Ms. Hayes had told the investigators that she was being fired by attorneys that she had previously worked for. She stated that she was being “Black balled.” Marlisa states that the defense had brought up this issue, and had opened up the door for the People to respond.

Defense attorney Percy Martinez states that discovery was given, but there is no evidence that it was distributed. Percy states that Frank Carson had been in jail for 15 months, and the People are trying to say that the discovery was turned over after Frank Carson’s arrest. Percy states the discovery came out in late 2015. He states there is no nexus between 2013 and when the discovery was turned over in late 2015. Percy states that people were reading about the issue on the extensive coverage that was being delivered on the internet. I think they are talking about us folks. We have written literally millions of words on this case, and apparently people on the streets are reading it.

Judge Zuniga states that there is a disconnect on this issue for her. Jai Gohel brings up the fact that a cat could have brought a dead rat. Our cats do that sort of thing frequently.

Sincerely; William Thomas Jensen (Tom)