FRANK CARSON ET AL CASE
FOR ALL THE MARBLES CONTINUED
WEEK 3 COURT DAY 9
MORNING SESSION 05/03/2018
BY WILLIAM THOMAS JENSEN (TOM)
Today we started out late. It appeared to me that we were waiting for the judge to show up in the courtroom, and after the judge arrived, we were then waiting for the jury to show up. We had a witness on the stand that was shockingly in bad health. We noticed her sitting on a bench in the courtroom hallway. I was apparent to me, because I am a Registered Respiratory Therapist, that she was wearing a nasal cannula for oxygen. Her face seemed to be sunken, her eyes were bleary, and she had the type of mouth that made me feel that she has lost many, if not all of her teeth. Drugs can be hard on a person. Oooo that smell, can’t you smell that smell, oooo that smell, the smell of death surrounds you. (Lynnard Skynnard)
I have made a decision to do the morning sessions only for this trial. The last couple of days have been easier for me to handle. I have had problems with my legs. My knees have problems, and I have circulation problems that are worsened by sitting in the inhumane chairs that are provided. I was going to ask Marty if this was going to be workable, and he brought it up first. I want to be there for the duration of the trial, and this will give me the best chance of doing so. There will be days where Marty will not be able to attend, and I will do the entire day so that this thing can be covered. I hope that everyone can understand. You just can’t understand what is involved until you do this for almost three years. It destroys you a little bit every day. I need to have time to hit the swimming pool at the gym daily, and this will allow me to do so.
The jury is finally allowed to enter the courtroom at 9:49AM. The People call Linda Sue Burns to the stand. As she walks into the courtroom, I notice that she is not wearing her nasal cannula to deliver her oxygen. I wonder why.
DA Prosecutor Marlisa Ferreira starts out asking Linda Burns questions. Linda Burns states that she lived in Keyes in 2011 in a two bedroom house with her brother Ricky Cooley, her daughter, and her kids. The house burned down. She testified that she lived in the driveway of the house for two weeks before moving into the Turlock home of Michael Cooley. Michael Cooley is her brother. She stayed at Michael Cooley’s house for 25 days, and slept in the living room. Ricky Cooley moved into a structure in the back yard of Michael Cooley’s house.
Linda Burns testified that she visited Michael Cooley’s house in 2011, and encountered Frank Carson around four times while there. She said that she knew Korey Kauffman, and that Korey was a friend of her brother Michael Cooley. She testified that she met Korey Kauffman 4-5 times. She said her house burned down on March 1st, 2012, and she moved into Michael Cooley’s house on the 17th or 18th of March, 2012. She stated that Korey Kauffman was polite.
Linda Sue Burns testifies that she used methamphetamine a long time ago, but that she does not currently use methamphetamine. This doesn’t seem to agree with the testimony of Ali Hodson, who just testified. She testified that she had never seen Korey Kauffman or Michael Cooley using methamphetamine. Her nose seemed to grow to me. She said that she first met Korey Kauffman eating dinner with Eula Keyes and Michael Cooley. The second time she met Korey Kauffman, he was working on his bicycle at the Cooley house trying to take a link out the bicycle chain. She was doing laundry at the laundromat, and going back and forth from the laundromat and the Cooley house. She stated that the last time she saw Korey Kauffman was around 1:00PM. She stated that Korey Kauffman pointed to the Carson property and told her that he was going to go over there that night to make some money. Korey Kauffman told her that he was going to get some metal, but was not specific what type of metal he was going to take.
Linda Sue Burns then states that she saw Michael Cooley and Korey Kauffman on the ground, and that Michael Cooley had told Korey Kauffman that it was not a good idea going over onto the Carson property. I thought she had just testified that she last saw Korey Kauffman around 1:00PM. She stated that she went back to the laundromat, and came back about 20 minutes later. She stated that she left her laundry in her car, and that a friend came by. She testified that she took this friend to Keyes. When she got back from Keyes, she testified that she saw Ricky Cooley, Michael Cooley, and a guy named David throwing horse shoes in the Cooley back yard. She stated that she gave Ricky Cooley his laundry.
Linda Sue Burns testifies that Ricky Cooley had binoculars, and that he was watching the Carson property with them. At this time, Marlisa Ferreira leans over to DA Investigator Kirk Bunch, and he whispers something into her ear. Marlisa Ferreira then tells the judge that she thinks the witness needs her oxygen. Judge Zuniga immediately calls for a side bar. Linda Burns is taken out of the courtroom. The judge and the attorneys enter the judge’s chambers, and they stay there for a very long time. When the judge and attorneys come back into the courtroom, the jury is send downstairs to the jury assembly room. Marlisa Ferreira looks glum and depressed. Linda Sue Burns is brought back into the courtroom, and she is wearing her oxygen.
Judge Zuniga states that Linda Sue Burns is wearing a tube that supplies oxygen through her nostrils. (A nasal cannula) Judge Zuniga states that she did not have this on while she was testifying. She tells Ms. Burns that you did not have the apparatus on when you came into the courtroom. Linda Burns tells the judge that the nasal cannula was tucked into her bag that she was wearing over her shoulder. Judge Zuniga: “Was that where the apparatus was?” Judge Zuniga has Linda Burns step out of the courtroom once again.
Judge Zuniga: “Ms. Ferreira, I would not know she was on oxygen.” Marlisa Ferreira tries to tell the judge that the nasal cannula was sticking out of the bag that was over Linda Burns’ shoulder, and that she could see it sticking out as Linda Burns walked into the courtroom. Judge Zuniga: “The point is that it was not obvious to the court that she was using oxygen.” Defense attorney Percy Martinez states that he had watched her, and there was no clue that she was wearing oxygen. Percy stated that Linda Burns had put the oxygen away, and there was no way the jury could have known that she was wearing oxygen. Percy Martinez stated that she was not being straight with the court.
Defense attorney Jai Gohel states that Ms. Ferreira has made many conflicting stories about this while she was in the judge’s chambers and in the courtroom. He states that she has given 3 different versions of what happened. Jai Gohel states that this is an effort by Marlisa Ferreira to elicit sympathy from the jurors, and asks for a mistrial.
Marlisa Ferreira goes on a very lengthy rant. She states that Linda Sue Burns is facing a triple bypass surgery. Judge Zuniga tells her that the point is the way that she handled the situation. Percy Martinez states that the type of question asked by Marlisa Ferreira was designed to elicit sympathy from the jury. Percy states that this can’t be fixed, and that Marlisa knows better. He joins with Jai Gohel in calling for a mistrial.
Judge Zuniga states: “As I indicated in chambers, you need to take precautions. She tells Marlisa that she made sure the jury did not see Steve Duden taken into the courtroom in a wheel chair.
Judge Zuniga: “you have really missed the point mam, you should have told me and the defense attorneys.” Judge Zuniga: “It is so improper, what are you thinking?” Judge Zuniga: “With all the problems we have had the last three years, the way you did it was not the right way.” Judge Zuniga: “The Bain of my existence is this trial.” Judge Zuniga states that she has instructed the jury to no be sympathetic to witnesses. She states that she will admonish the jury to disregard this situation. Judge Zuniga denies the motion for a mistrial. We take a break at this time. She tells Marlisa Ferreira that she needs to talk to Linda Burns at this time.
We get back into the courtroom at 11:20AM. Judge Zuniga asks Marlisa Ferreira: “You asked her if Ricky Cooley was looking through binoculars looking at the Carson house, and there was an objection by the defense attorneys, what did she say next?” Marlisa: “That she was looked through the binoculars.” Judge Zuniga: “Bring your witness back to the stand mam.” Percy Martinez: “We still have some things with respect to this witness.” Percy asks Judge Zuniga to strike the question concerning the oxygen, and to tell the jury to disregard sympathy for witnesses for both the prosecution and the defense. Linda Burns is brought back to the stand.
Judge Zuniga: “You use oxygen all the time?” Linda Burns: “My oxygen tank ran out just before you called me to the stand, and I have used oxygen since July.” Judge Zuniga tells Linda Burns to tell her whenever she needs to take a break. Linda Sue Burns is again taken out of the courtroom. Judge Zuniga talks to Percy Martinez. Judge Zuniga: “I suggested that I can strike the question that was asked, I can do that.” Judge Zuniga: “The dilemma is do you really want me to highlight the issue of sympathy to the jury right now or at the end of the trial?” Percy Martinez: “I want you to instruct them right now, and tell them that the comment was inappropriate.” Defense attorney Hans Hjertonsson states that the only way to stop this type of behavior is to tell the jury that is was inappropriate. Judge Zuniga states that she will have to do this cure for appellate purposes. Percy Martinez states that there is a very pressing issue that needs to be discussed. Judge Zuniga: “I have not forgotten about that.” Judge Zuniga: “Get the jury, we will deal with this issue tomorrow.”
When the jury is seated, Judge Zuniga gives them instructions on sympathy, bias, and public opinion. Judge Zuniga tells the jury that Marlisa Ferreira’s comments were improper, and admonishes the jury to disregard her comments. Judge Zuniga asks for Linda Sue Burns to be brought back to the stand.
Marlisa Ferreira: “You said when you talked to Korey Kauffman that he was going to go onto the Carson property, have you been on the other side of the fence?” Linda Burns: “No.” Marlisa: “Have you stolen anything from the Carson property?” Linda Burns: “No.” Linda Burns states that she did not see any metal on the Carson property. Linda Sue Burns testifies that she is not sure what date it was when Korey Kauffman had told her that he was going over to the Carson property. She said that she saw two guys on the Carson property during the short time she was looking through the binoculars. She said that they split up and went opposite directions. She said that one of the guys was a bigger guy. She identified Frank Carson as the bigger guy that she allegedly saw. She said that Frank Carson had something long in his hand, and did not see anything in the hands of the other guy.
Linda Sue Burns testified that the first time she saw Frank Carson was an incident where Frank Carson broke into her parked green Ford Escort station wagon. She stated the station wagon was parked in front of a commercial building next to the Cooley residence. She testifies that Frank Carson was on the passenger side of the car and was leaning towards the driver’s side of the car. She stated that he did not have permission to do this. She said she asked Frank Carson what he was doing. He told her he was looking for stolen items, and said he was a private investigator that was working for Frank Carson. She told him to get the Hell out of her car, and that he backed out of her car. She said that Frank Carson was with a female that Frank Carson said was a secretary that worked for him. She said that Frank Carson told her that he thought he knew her from a flea market. She said Frank Carson said he thought he had put her in prison before. She testified that she has never been to prison. Marlisa Ferreira: “What was his demeanor?” Linda Burns: “He was pissed, and his face was red.” Marlisa Ferreira: “What was Michael Cooley doing at that time?” Linda Burns: “He was yelling get the fuck out of here.” She said they were both yelling. She said that either herself or Eula Keyes called the cops. Marlisa shows Linda Burns some picture of a green Ford Escort. She ID’s the pictures as being her car. We are done with the morning session. I will be back in the morning to report on what I see.
Sincerely; William Thomas Jensen (Tom)
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