FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
BY WILLIAM THOMAS JENSEN (TOM)
Week 6, Day 24
Well, it is finally Friday. Looking forward to doing some quality time with family. I am sitting down at the computer, and I will now try to paint for you yet another picture of what happened today during the morning session.
We start out this morning at 9:10AM out of the presence of the jury. Judge Zuniga states that she has reviewed the 05/16/2012 interview of Ricky Cooley by DA Investigator Kirk Bunch. Marlisa Ferreira gives Judge Zuniga some more page numbers and line numbers of transcripts that she want the judge to consider. Judge Zuniga requests a few minutes to go over this newly requested testimony, and goes into her chambers. At 9:28AM, she re-enters the courtroom.
Judge Zuniga now cites some case law. She states that the Hayes case does not apply to the situation concerning Ricky Cooley’s testimony. She states that the Ricardi case does not apply to the Cooley testimony. She now goes over all the contested testimony page by page, and line by line. She sustains the defense’s objection that concerns Ricky Cooley’s testimony that he saw Frank Carson and a Blonde lady come over before Korey Kauffman stopped by the Cooley residence. Judge Zuniga now overrules an objection to some testimony that she did not elaborate on. She sustains an objection to some testimony concerning Ricky Cooley seeing some pipes being stacked up on the Carson property. She overrules an objection to testimony concerning Ricky Cooley also seeing Korey Kauffman in the morning. We now go into a bunch of rulings on testimony where I had no clue what was being ruled on. About half of the objections were sustained, and half were overruled.
At 10:10AM, the jury was ushered into the courtroom, and a well- groomed Ricky Cooley was put on the stand. Marlisa Ferreira begins asking him questions. He testifies that he had left his binoculars outside after he had been looking for one of his cats. He went outside to get them, and was playing some horse shoes, and noticed two people looking at him from the Carson property. They were both males. He was looking at them with his naked eyes. Ricky Cooley testifies that he saw three more people later on that night. His first sighting of people on the Carson property occurred around 5:30PM, and the second sighting happened about five hours later. He states that it was still light when he had his first sighting.
Ricky Cooley testifies that when he saw the three men on the Carson property, one of them had what appeared to be a rifle in his hands. He determined it was a rifle by the way it was being held. Ricky Cooley states that night was the last time that he saw Korey Kauffman. He states that Korey Kauffman said that he was going recycling. He states that Korey Kauffman had said in the morning that he was going to go over to the Carson property to get some pipes.
Defense attorney Percy Martinez takes over on Re-Cross of Ricky Cooley. He asks Cooley about his testimony that concerned Frank Carson following him. Cooley states the first incident happened around 2 weeks after he saw Frank Carson in his back yard. Cooley states that he saw Frank Carson while he was looking through a window of his room in the back yard barn. Percy presses Cooley as to when he had moved out of his brother’s house, and Cooley said it was around the first of April in 2012. He states that the incident happened some-time in March of 2012. Cooley states that the first time he was followed was in April of 2012.
Ricky Cooley states that he spoke to Kirk Bunch in the interview on 05/16/2012, and he had been followed before this interview. He testifies that he did not tell bunch about being followed during the interview. Cooley does not recall how long the pipes were that he saw on the Carson property. He states that they were different sizes. He says that some were four feet long, some were longer, some were shorter, and not all of them were the same diameter. There is a side bar. The objection is overruled, and Cooley states that he does not remember if some of the pipes were 6 feet long. He gets refreshed by Percy Martinez on the pipes. Cooley now admits that he had said that some of the pipes were 3 feet long, and some of the pipes were 6 feet long. Cooley states that the pipes were around 12 inches in diameter. He states that he does not know how many pipes he saw on the Carson property. After being refreshed, he testifies that he had said that there were 8 or 9 pipes on the Carson property.
Marlisa Ferreira takes over asking Cooley the questions. She gets Cooley to state that he first saw 3 men on the Carson property around 5:30PM. Cooley stated that he had seen these men from the shed he was living in. He was alerted to them by barking dogs, but had not mentioned the barking dogs in his preliminary testimony.
Defense attorney Percy Martinez wants to read his preliminary examination testimony. Marlisa Ferreira objects, and the objection is overruled. Percy reads the testimony. In this testimony, Cooley states that he was going back to his room, and he saw one man crossing the Carson property. Ricky Cooley describes two people he saw on the Carson property. He describes one person as wearing shorts and shirt. He describes this person as being small and chunky. He describes the person as being a small guy with less hair. He says the person was the same guy that tried to look through his window. Percy asks Cooley if he discussed this with Linda Sue Burns. Cooley: “No.” Cooley testifies that he lived with Linda Sue Burns since 2012, and had never discussed this with her. He denies discussing this with Eula Keyes Keith Hobbs, and Michael Cooley as well.
Ricky Cooley tells Percy Martinez that he did not notice any glasses on this person. Percy has no more questions at this time. We take a break until 11:10AM. When we get back, none of the defense attorneys have any more questions, and Ricky Cooley is allowed to step down.
Marlisa Ferreira now calls Eula Keyes to the stand. I must say that Eula looks like a different person now versus what she looked like during the preliminary examination. She has lost weight, and her face looks much better. It seems to me that she may have made some positive changes in her life. Eula Keyes states that she lived at 1364 Lander Ave with Michael Cooley from 2010 to 2013. She testifies that Linda Sue Burns and Ricky Cooley lived with them for around three weeks between February and March of 2012. She states that they moved out around April first of 2012. Eula Keyes described Korey Kauffman as being a good friend of Michael Cooley. She states that he would come by around three time a week. She described Korey Kauffman as being 5 ft 7 inches to 5 ft 8 inches tall, with blonde hair, a medium build. She states that Korey Kauffman was well mannered. She states that Korey Kauffman would play horse shoes and strip wires at the Cooley house. She states that Michael Cooley liked Korey Kauffman, and they were “Like Buddies.” Eula Keyes states that there was around 20 years difference in the age between Michael Cooley and Korey Kauffman. She states that Michael Cooley and Korey Kauffman had no fights, and that they knew each other for around 3-4 years. She states that Korey Kauffman never stayed at the Cooley house. Eula Keyes testifies that Korey Kauffman lived about 3 miles away on Johnson Street. She says that Korey Kauffman would ride his bike to get over to their house, and would never drive over.
Eula Keyes admitted that she had used methamphetamine, but denied ever using heroine. She stated that she was unaware until recently that Michael Cooley was using heroine. Eula Keyes states that Korey Kauffman never used methamphetamine. This conflicts with a huge amount of testimony that we have heard. Eula Keyes states that she last used methamphetamine 1 ½ years ago. She states that she was using methamphetamine in 2012. Eula Keyes testifies that Ricky Cooley had cats, and that Linda Sue Burns had Maltese dogs. She states that she last saw Korey Kauffman on 03/30/2012 which was a Friday. She testifies that she saw Korey Kauffman three times that day. The first time was in the morning around 9-10AM. She states that Korey was working on his bike with Michael Cooley. She states that Linda Sue Burns, and Ricky Cooley were at the house while Korey Kauffman was working on his bike. She testifies that Korey Kauffman was wearing jeans, and a white T-shirt, and work boots. She states that the weather was getting cold that day. She states that she was in the house while Michael Cooley and Korey Kauffman worked on the bike. She states that Ricky Cooley and Linda Sue Burns stayed inside while they were working on the bike outside.
Eula Keyes testifies that the 2nd time she saw Korey Kauffman that day was around 1-2PM while she was cooking chicken dumplings. She states that Korey Kauffman was out back playing horse shoes with Michael Cooley. She describes how Justin and Sabrina (Romero) had moved into a house that was out front of the Cooley house before Korey Kauffman had gone missing. She states that Amber Kiester, and her husband Dan had lived in that house earlier with their teen daughter Brittany.
Eula Keyes testifies that she spoke to Michael Cooley when he was playing horse shoes, and that she had not seen anyone by the fence line on the Carson property. She states that Frank Fagundez, Dave Shirley, and TJ Samra were amongst the people playing horse shoes with Michael Cooley and Korey Kauffman. Eula Keyes states that Michael Cooley had worked for TJ Samra for a short time.
Eula Keyes now describes the 3rd time she saw Korey Kauffman that day. She states that she saw Korey Kauffman around 5:00PM. She testifies that Korey Kauffman had pulled a dolly over with his bike to return it to Eula Keyes. Korey Kauffman had borrowed the dolly from Eula Keyes. She testifies that Korey Kauffman had eaten chicken and dumplings, and had played some darts in the barn. She states that Korey Kauffman was playing video games on his cell phone. She testifies that Michael Cooley was there, and Ricky Cooley was in the back yard. She states that Ricky Cooley came back from the back yard, and that Korey Kauffman was still there for another 5-10 minutes. She testifies that Korey Kauffman told them that he was going around the corner to recycle, and would be back soon. She states that Korey Kauffman left his bike at the house, and told them to not let the bike leave the place.
Eula Keyes testifies that Korey Kauffman’s bike was there the next morning, and that she never saw Korey Kauffman again. Eula Keyes states that Korey Kauffman never said he was going to get anything from the back property. She states that Michael Cooley had pointed out the pipes on the property to her a couple of days before Korey Kauffman went missing. She states that the pipes were 50-100 feet from the fence line. She states that there were 10-15 pipes and they were around 6 feet long. She describes them as being irrigation pipes. She states that she saw less pipes after Korey Kauffman went missing. She states that around five pipes were missing.
Marlisa Ferreira points out Frank Carson in the courtroom. Marlisa: “Do you know him?” Eula Keyes: “Yes.” She identifies him as being Frank Carson. She states that he had been over to their house a couple of times. She testifies that the first time she saw Frank Carson he was looking through Linda Sue Burns’ car windows a couple of months before Korey Kauffman went missing. She describes the car as being a green Ford Escort station wagon. She said it had four doors, and Frank Carson was looking through the passenger side door. She said the car door was open, and Frank Carson was leaning forward while he was looking into the car. She said that she said nothing to Frank Carson, and went inside and told Michael Cooley. She said that Michael Cooley went outside and confronted Frank Carson. She says that they were yelling at each other, and that Frank Carson was swearing. She says Frank Carson told them to stay off his property, and to stop stealing stuff from him. Eula Keyes denies ever stealing anything from Frank Carson. She testifies that Linda Sue Burns was present, but does not remember her saying anything. She testifies that some Turlock Policemen came over. She says that Amber Kiester had called the police. She says that she walked back into the house when the police showed up. She describes one of the policemen as being black, and the other one being white. She says that Frank Carson was angry, red faced, and sweating. She says that Frank Carson was yelling at her. She says that Linda Sue Burns’ car was parked on the street.
Eula Keyes testifies about a second time she saw Frank Carson. She says Frank Carson was looking through the car windows. She does not remember how many months later this incident happened. She says she was in her house, and Amber Kiester told her Frank Carson was looking through Linda Sue Burns’ car while it was parked in the drive way. He was looking through the side windows, and the back windows. She says Michael Cooley went out, and Frank Carson left. She said that she could hear them talking.
Eula Keyes describes a third time she saw Frank Carson at Al’s Transmissions across the street from the Cooley residence. She states that she was going to a store when she saw Frank Carson across the street. She said he was sitting in a green SUV.
Eula Keyes describes the fourth time she saw Frank Carson when he was parked at the side of a business that was next door to the Cooley residence. She said that she did not actually see Frank Carson on this occasion.
Eula Keyes says she saw Frank Carson a fifth time in their back yard. She did not remember when this occurred. She describes another incident where Frank Carson came over and kicked in a side gate. She said Frank Carson accused Michael Cooley of stealing items while in the back yard. It is now time for us to stop. Our next court session will be on Tuesday at 9:00AM.
Sincerely; William Thomas Jensen (Tom)
HELP DAWGS BLOG