Week 5, Day 16

Court resumed this morning slightly delayed until a juror could arrive at the courthouse. At 9:36AM, Detective Frank Navarro once again took the stand. Of all the detectives, he stands out as being straight forward and prepared while on the stand.

DA Prosecutor Marlisa Ferreira starts out asking Navarro the questions. She asks Navarro questions concerning his efforts to locate Korey Kauffman very early in his investigation. Navarro testifies that he interviewed several people when he canvassed the neighborhood where Korey Kauffman lived. He states that he knocked on doors all the way to Highway 99. He estimates that he visited ten homes. Navarro testified that he interviewed neighbors on 9th street and looked on 1st street in Turlock where there are some abandoned silos.

Navarro testifies that he worked on the case of People vs Rojas before the Korey Kauffman case. He was working as a detective for the Stanislaus County Sheriff’s Department at the time, and Frank Carson was defending Mr. Rojas in the case. Navarro testified that Frank Carson had accused him of wrongdoing in that case. Frank Navarro then testifies that he worked on the People vs Mendez case, and Frank Carson was defending Mr. Mendez in that case. Navarro states that Frank Carson also accused him of misconduct in the Mendez case. Navarro now testifies about another case that he worked on that Frank Carson defended. Navarro states that Frank Carson accused him of wrong doing in that case as well. In all these cases, Navarro felt that he had no problem with Frank Carson, and did not harbor any ill will towards Frank Carson.

Frank Navarro testifies that Frank Carson became a suspect in the Korey Kauffman case after Korey Kauffman’s body was found, and he had conducted some interviews. Navarro denies that he had targeted Baljit Athwal as a suspect. He states that after he interviewed Daljit Atwal, Baljit Atwal, Robert Woody, and Frank Carson, that Daljit Atwal became a suspect. Navarro stated that he made an attempt to eliminate Daljit Atwal and Baljit Athwal as suspects but was unable to do so.

Navarro states that on 07/10/2012, when he interviewed Daljit Atwal at Pop N Cork Liquors, the store was not busy. He testifies that when he entered the store, that Daljit Atwal was working behind the cash register. He states that Daljit Atwal had another employee take over the counter, and took Navarro to a back room that he called a bar. Navarro testifies that this meeting took 15-20 minutes to complete. He states that he came back on that same day and had another interview with Daljit Atwal that lasted approximately 30 minutes. Frank Navarro is asked about interviewing Robert Woody, and this is objected to, and the objection is sustained. Navarro states that Robert Woody provided information about Frank Carson.

Frank Navarro tells Marlisa Ferreira that he worked for the Turlock Police Department for 10 years. Navarro denies that he ever responded to a robbery at Pop N Cork Liquors. Navarro testifies that there were wire taps being done on the Athwals between June and July of 2012, and that his interviews of Daljit Atwal “Tickled” call activity from Daljit Atwal to others. Navarro states that he listened to these calls. He stated that Baljit Athwal called Daljit Atwal, and that Daljit Atwal called Robert Woody.

Frank Navarro is asked by Marlisa Ferreira why he tape recorded the interviews that he did on Daljit Atwal. Navarro states this was done so he could not be accused of lying or misconduct. Navarro testifies that Frank Carson refused to answer any questions on an attempted interview at Carson’s office on 07/12/2012. He denied having any animosity towards Frank Carson. He said that Frank Carson invited him in at first, then said: “I know how you work.” Navarro states that Frank Carson asked him to leave after that. Navarro now states that he went back about a month later on August 9th, 2012. Navarro states that he had a briefing with Detective Ken Barringer, who left with some written questions for Frank Carson. When Barringer came back, he did not have the questions with him.

Frank Navarro now tells Marlisa Ferreira that he went to Frank Carson’s office with Kirk Bunch, and Jon Evers to interview Frank Carson. Marlisa enters into evidence a CD recording of the interview, and some transcripts of the interview. The CD is played for the jury. This is the same CD that we have listened to multiple times during this trial. I will not describe what I heard again in detail as I have done multiple times before. In a nut shell, Frank asks them if they had a search warrant, or a warrant for his arrest. When Frank Carson is told that they had no such warrants, he repeatedly tells them to “Get Out.” They did not leave. Frank Carson states that he is putting them under arrest for trespassing. Frank Carson calls 911, and requests 1 or 2 police cars, and states that he is putting the investigators under arrest for trespassing. Navarro testifies that he did not threaten anybody, and stayed in the lobby of Carson’s office about 2-4 feet inside the door. Navarro states that Kirk Bunch was standing next to him, and that Jon Evers went outside of the office. Navarro states that Jon Evers was talking to Frank Carson’s wife Georgia DeFelippo. He states that Evers was calm with Georgia, and did not raise his voice.

Frank Navarro testifies that Frank Carson was about 4 feet away from the investigators when he called 911. He states that he did not leave the office because the investigators were there to talk to Frank Carson. I think by not leaving the office, they were violating Frank Carson’s rights. Navarro denies that he was at the office to arrest Frank Carson. Navarro describes Frank Carson as being red faced, and agitated.

Marlisa Ferreira asks Navarro who Mr. Harris is. Navarro states that he is an employee of the Stanislaus County DA’s Office. He was unsure if he was the Chief or Deputy DA at the time. Navarro denies he tells lies or cheats in his investigations. Navarro testifies that he obtained a copy of Frank Carson’s 911 call. This CD, and the transcripts of the CD, are entered into evidence. Marlisa Ferreira now plays the CD for the jury to hear. Navarro denies that Frank Carson called 911 a second time. We now take our 11:00 break.

When we get back from our break, Marlisa Ferreira asks Navarro if any guns were pulled. Navarro denies that any guns were pulled. Navarro states that Frank Carson got within 2 feet of Frank Carson when Frank Carson determined that Kirk Bunch had a gun under his shirt in a black holster. He states that Kirk Bunch just stood there as Frank Carson looked for the gun.

Navarro testifies that he was not present while the search warrants were served on Frank Carson’s properties. Navarro testifies that he had never before provided written questions to suspects in his prior investigations. When asked by Marlisa Ferreira why he had not done this before, he said that was the only way that Frank Carson would talk to him. Frank Navarro testified that Frank Carson never answered the questions that were given him. Marlisa Ferreira is now done asking Navarro the questions.

Defense attorney Percy Martinez takes over asking the questions. Percy seems to be showing that Navarro really did not canvass the neighborhood as thoroughly as he had just testified to. It turns out that Navarro had only spoken to one neighbor by the name of Janet Fletcher, who lived about two houses North of 805 9th street. Navarro testifies that he took photographs of Michael Cooley’s property on 05/16/2012, and that he had spoken to Michael Cooley. Navarro testifies that he did not speak to the neighbor who lived between the two Carson properties on 9th street.

Frank Navarro testifies that he started his canvassing at the intersection of Linwood and Lander, and went North from there. He stated that he stopped at about 10 residences on Lander Road, and only knocked on one door on 9th street. Percy Martinez gets Navarro to admit that there are many houses directly across the street, but that he did not visit any of those houses. He states that he went North, and there was only one house there. It is quite evident to me that his canvassing was merely a half-hearted effort at the best. Navarro testifies that he spoke to Cathy Grinnolds who lived at 912 9th street. He states that he does not remember if he asked Ms. Grinnolds about Korey Kauffman. Navarro states that he asked Janet Fletcher about Korey Kauffman, and the stolen Carson items. He states that he does not remember asking Fletcher if she heard any gun shots. Navarro states that he spoke to no one North of 838 9th street.

Now Percy Martinez begins asking Frank Navarro questions concerning the visit to Frank Carson’s office. Navarro testifies that Georgia DeFelippo was cooperative. Navarro denies seeing any mail on Georgia DeFilippo’s desk. There are reports that Navarro was seen rummaging through the mail on her desk. Navarro denied that he knowledge of a complaint that had been lodged against him the day of the office visit. Navarro testifies that the investigators arrived at Frank Carson’s office aroung 6:44PM. He denies seeing any hours printed on the door. He testifies that he did not look for the hours on the door. Navarro denies knowing what the office hours are at the Carson office. He denies doing any surveillance on the Carson office that day.

Frank Navarro states that no written report was done on his August 9th, 2012 visit, but that he wore a body cam. Navarro admits to Percy Martinez that he knew that Frank Carson did not like him. The “I know how you do things” comment was brought up. Navarro admits that he knew that Frank Carson did not want to talk to him. Percy Martinez asks Navarro if Frank Carson had sent him a letter. Navarro admits that he read this letter.

Percy Martinez gets Navarro to admit that when the investigators went to the Carson office on August 9th, 2012, a man was inside of the office with a ladder, and a ceiling panel was open. Navarro stated that he asked the man to go get Frank Carson. Percy Martinez gets Navarro to admit that Frank Carson immediately told the investigators to get out multiple times. Percy Martinez gets Navarro to state that the investigators did not get out as requested by Frank Carson. Percy Martinez gets Navarro to state that Frank Carson had asked the investigators if they had a warrant, and that Detective Jon Evers had said: “No, no, no, we don’t.” I really think the investigators were guilty of trespassing during this visit. What about equal justice under the law? It is merely a pipe dream. We are done with the morning session. I will be back for the morning session tomorrow.

Sincerely; William Thomas Jensen (Tom)