FRANK CARSON ET AL 5-29-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

05/29/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

Week 7, Day 25

The jury is brought into the courtroom at 9:09AM, and Eula Keyes is brought to the stand at 9:14AM. Prosecuting DA Marlisa Ferreira begins asking Eula Keyes about the night that Korey Kauffman had gone missing. Eula states that she did not see people on the Carson property that night. Eula Keyes testifies that Linda Sue Burns had seen people on the Carson property the day Korey Kauffman went missing, and that she and Linda Sue Burns went to the Carson house at 838 9th St. sometime after 5PM and knocked on the door. Christina DeFelippo answered the door, and they told her that people were in the back yard. Christina thanked them, and shut the door. Eula Keyes states that she did not talk to the police about this instance.

Eula Keyes testifies that prior to Korey Kauffman going missing they saw Frank Carson, Georgia DeFelippo, and another man fixing the hole in the fence between the Cooley property and the Carson property. Eula Keyes states that she knows Sabrina Romero and Justin Reedy. Eula Keyes states that they lived in the house that was in front of her house. Eula Keyes states that Sabrina Romero and Justin Reedy were present when Frank Carson came over to the Cooley house.

Eula Keyes states that she knows Ronald Cooper, because he came over to visit her cousin Amber Kiester. Eula Keyes states that she knows Charlie O’Dell through Michael Cooley. She states that he did not come over very often. Eula Keyes testifies that Michael Cooley never left their house the night that Korey Kauffman allegedly disappeared.

Eula Keyes now states that Frank Carson came over to the Cooley house and kicked in a side gate. She states that Frank Carson showed up in a SUV. Eula Keyes states that she heard the vehicle pull up, and heard the gate being kicked. She testifies that she could hear Michael Cooley and Frank Carson yelling at each other. Eula Keyes states that she heard Frank Carson tell Michael Cooley that if he finds him on his property he would kill him and put him where nobody would ever find him. Eula states that Justin Reedy was outside and present when this happened. She described Frank Carson as being very angry, red faced, and yelling at Michael Cooley. Eula Keyes states that there were no police there at the time.

Eula Keyes states that the police showed up for two other incidents where Frank Carson came over to the Cooley house. She stated that she was not sure when these two incidents happened. She describes one time when Frank Carson was there when the police showed up. She states that Frank Carson had told Michael Cooley that he was a private investigator, and that Frank Carson had admitted to the police that he was not a private investigator.

Eula Keyes testifies that Michael Cooley had told her that he had taken items from the Carson property twice. Eula Keyes states that they had taken boxes of items to Linda Sue Burns’ house. She states that she was not told if the boxes came from the Carson property. Eula Keyes states that Mark Kehoe was associated with Linda Sue Burns. I have heard through earlier testimony that he is an antique dealer.

Eula Keyes testifies that Georgia DeFelippo was present with Frank Carson once in the night when Frank Carson was allegedly seen going through Linda Sue Burns’ car. Eula Keyes states that Michael Cooley has several head lamps, and that Korey Kauffman had one the night that he allegedly disappeared. She speaks about how Korey Kauffman was in their living room on the night he allegedly disappeared. She states that Korey Kauffman was playing video games on his cell phone.


Eula Keyes testifies that she called Korey Kauffman’s cell phone several times after he had gone missing. She states that she tried to call him for 1-2 weeks, and left messages. She states that Korey Kauffman would always call her back within a half hour usually, but he never called her back after he disappeared. Eula states that Korey Kauffman never said that he was going over to the Carson property on the night that he allegedly disappeared. She said that Korey Kauffman never said that he was going to cross the fence into the Carson property. She states that Korey Kauffman said that he was going around the corner, and would be right back.

Eula Keyes testifies that she was followed by a car. She describes the car as being a dark or black car that resembled a BMW. She states that she was going over to her Dad’s house. She states that her dad lived 2-3 miles from her house. She states that she has seen a similar car parked in front of Pop N Cork Liquors on East Ave. Eula Keyes states that she saw a similar car pull up in front of the Cooley house 1-2 weeks after Korey Kauffman had gone missing. Eula Keyes states that she saw the car parked out by their house, and saw the driver step out. She states that she saw the driver speak to Michael Cooley. She states that the driver had some angry words with Michael Cooley. She states that the driver had called Michael Cooley “Friend” and Michael Cooley had told him that he was not his friend. Eula Keyes says that the driver was one of the Athwal brothers, but she was not sure which one. Eula Keyes states that the driver told Michael Cooley to keep his nose out of things that he should not be getting involved with. She states that Michael Cooley was on a bike at the time. Eula Keyes states that there was a person seated in the passenger side of the car, and it was Robert Woody. She states that Robert Woody stayed in the car.

After being refreshed by Marlisa Ferreira, Eula Keyes testifies that she had seen Frank Carson drive another car besides the SUV. Eula Keyes states that this was a green Toyota pickup truck. She states that she had seen this truck parked at Al’s Transmissions, which is across the street from the Cooley house. She states that this happened the night before Korey Kauffman had allegedly gone missing. She states that she did not call anyone concerning this incident. She states that Frank Carson was in the truck with Georgia DeFelippo.

Eula Keyes testifies that she was aware of the hole in the fence into the Carson property. She states that she had seen people go through this hole once or twice. She saw two people go at one time through the hole in the fence, and that she had seen them come back with items from the Carson property. She states that this happened before Korey Kauffman had gone missing. Eula Keyes states that she knows Robert Jaquish. Eula states that she saw the hole in the fence after Korey Kauffman had gone missing. Eula Keyes states that she had seen the green Toyota pickup truck at 838 9th St, and had spoken to TJ Samra for 10-15 minutes before she had seen the pickup truck. She states that around 2-3PM, she saw one of the Athwal brothers in the black BMW outside of their house. Eula Keyes testifies that she knows Officer David Shaw of the Turlock Police Department. She states that Officer Shaw knows Michael Cooley. Eula Keyes states that she talked to Officer Shaw about Korey Kauffman going missing around 2-3 days after he had gone missing. She states that Michael Cooley trusted Officer Shaw. She states that Officer Shaw came to their house by himself. Eula Keyes testifies that DA Investigator Kirk Bunch came by their house about a week later, and that Korey Kauffman’s bike was still at their house when Kirk Bunch showed up. Eula Keyes states that they showed the bike to Kirk Bunch.

Eula Keyes states that she had seen 5-7 storage containers on the Carson property. There was an objection to this, and eventually she says that she saw 5 storage containers on the Carson property. Eula Keyes testifies that she saw a couple of empty spots where storage containers had been after Korey Kauffman had gone missing. She states that she did not hear any gun shots, and did not hear any barking dogs. Eula Keyes states that she saw fewer pipes on the Carson property the morning after Korey Kauffman had gone missing. She states that the dolly was still at their house, and that the wheel barrow was on TJ Samra’s front porch the next day. It is now 10:15AM, and we take our morning recess till 10:50AM. The jury is taken out of the courtroom. Eula Keyes steps down from the witness stand and is taken out of the courtroom.

Judge Zuniga starts discussing a couple of issues that she has. Her first issue is the question concerning Robert Jaquish. Judge Zuniga wants to know about the relevance of the question. Marlisa Ferreira states that Eula Keyes had seen Robert Jaquish go onto the Carson property. Marlisa gives citations on testimony in the preliminary examination concerning this. Judge Zuniga still wants to hear more on the relevancy of the question. Marlisa Ferreira talks about a confrontation with a blue van that was seen going over to the Carson property. Judge Zuniga states that Eula Keyes had testified that this happened after Korey Kauffman had gone missing. Percy Martinez states the testimony states that Eula Keyes had walked past Robert Jaquish on Lander Ave between the store and her home. Percy Martinez states that is not Frank Carson’s property, and that Eula Keyes had testified that the man in the van was not Frank Carson. Eventually, Percy Martinez’ objection was sustained.

The second issue that Judge Zuniga had was the relevancy of what TJ Samra Singh had said to Eula Keyes. Marlisa Ferreira states that Robert Woody had said that he had used TJ Singh’s cell phone. Judge Zuniga: “She can’t testify that she received a call from Robert Woody.”

It is now 10:58AM, and the jury is back in the courtroom, and Eula Keyes is back on the witness stand. Marlisa asks Eula Keyes if she tried to find Korey Kauffman after he had gone missing. Eula Keyes states that Kevin Pickett had come by their house, and that she had shared with Kevin Pickett everything that she knew about the disappearance of Korey Kauffman. She states that she did not know Kevin Pickett well. Eula Keyes states that Kevin Pickett had no problems with Michael Cooley.

Eula Keyes testifies that she had spoken to Detective Ken Barringer concerning Korey Kauffman, and had told him everything that she knew about the disappearance of Korey Kauffman. Eula Keyes states that she had seen an old decommissioned rocket on the Carson property, and that it was pointed at their house after Korey Kauffman had gone missing. She states once again that she had heard no sounds coming from the Carson property. Eula Keyes states that Korey Kauffman’s bike had been moved from where it originally was when she saw it the morning after Korey Kauffman had gone missing. She states that it had been moved to the right side of the house by the garbage cans. She states that there was a wrench next to the bike, and that the bike now had flat tires. She states the bike did not have flat tires the night before.

Eula Keyes testifies that Michael Cooley had tried to fix the hole in the fence around 3 times. She states that they were tired of people going through the hole in the fence and through their yard to steal items from the Carson property. She states that they were tired of people accusing them of stealing items from the Carson property. Eula Keyes states that she knows what the word “Scrapper” means. She talks about scrapping metal, and recycling. She states that Korey Kauffman has spoken about stealing items from the Carson property. She talks about some porcelain signs that Korey Kauffman had, but was not sure where he had gotten them from.

Eula Keyes testifies about some police cars “Lighting Up” their property on Lander Ave but was not sure which agency they were from. She says that this happened twice. She testifies that she had seen police officers in Pop N Cork Liquors. She saw a police car in front of Pop N Cork Liquors once after Korey Kauffman had gone missing, and that the officer was Scott McFarlane. She states that this happened around one week after Korey Kauffman had gone missing. She states that she had a conversation with Scott McFarlane at Pop N Cork Liquors. She states that Walter Wells was not present. They discussed the missing person flyer, and that Scott McFarlane had told her that people who do bad things have bad things happen to them. Eula Keyes states that she had seen police cars at Pop N Cork Liquors 10-20 times, and that she did not seeing Walter Wells at Pop N Cork Liquors. After being refreshed by Marlisa Ferreira, she admits that she had seen Walter Wells at Pop N Cork Liquors after Korey Kauffman had gone missing.


Marlisa Ferreira asks Eula Keyes if she was arrested by the Turlock Police Department in 2014 for possession of methamphetamine. Eula Keyes admits this. Marlisa Ferreira asks Eula Keyes if she was arrested for possession of heroin. Eula Keyes states that this was Michael Cooley’s heroin. Eula Keyes admits that the police had seized knives from them as well. Eula Keyes states that she was interviewed by the Turlock Police Department. She states that this was done by Detective Redd. She states that Detective Redd wanted her to provide information on the Korey Kauffman investigation. She states that she gave Detective Redd no information as requested, but agreed that she would try to help him. She states that she was not arrested that day. Eula Keyes testifies that she went back to talk to Detective Redd, but gave him no information. She testifies that she was then arrested. Eula Keyes states that she received no “Consideration by the Turlock Police Department. She states that she pleaded guilty to possession of methamphetamine, and that the other charges were dropped. She states that she got 18 months of probation, and ended up only spending three days in jail. Eula Keyes states that she had a prior possession charge for methamphetamine. She testifies that she had no written contract for her testimony in the Carson case.

Eula Keyes testifies that their side gate was usually closed, and was closed the day that Frank Carson had kicked it open. She states that Michael Cooley had spit in the face of Frank Carson on that occasion. She denies that Michael Cooley had hurt Korey Kauffman on the night that Korey Kauffman had gone missing. She denies hurting Korey Kauffman. Eula Keyes testifies that Michael Cooley did not leave her presence on the night that he allegedly disappeared. Marlisa Ferreira is now done asking the questions. We have a rather lengthy side bar at this time. Marlisa asks Eula Keyes if it was after Korey Kauffman had gone missing when she saw Scott McFarlane at Pop N Cork Liquors. Eula says: “Yes.” Eula Keyes now goes into when Scott McFarlane told her that people who do bad things have bad things happen to them. She states that Scott McFarlane was in uniform when he said this to her.

Percy Martinez takes over asking the questions. Percy gets Eula Keyes to admit that she has been granted immunity for anything she says in her testimony. She states that she got this immunity on 10/25/2015 during the preliminary examination. Percy Martinez, after several objections, is able to get Eula Keyes to state that this would even include a murder charge, or theft from the Carson property.

Percy Martinez gets Eula Keyes to admit that she was arrested by Detective Redd for sales of methamphetamine, and heroin. He gets Eula Keyes to admit that she had claimed the knives were hers. Eula Keyes testifies that she no longer lives on Lander Ave. Eula Keyes states that she did not know Michael Cooley was using heroin until they were arrested. She states that she was using about a half a gram of methamphetamine about every other day, and that it did not affect her memory. She states that she used methamphetamine from 2010 to 2014. She said that it kept her up, but that she slept every night. She testified that she used methamphetamine during the day only. Eula Keyes said that Michael Cooley scrapped every day, and that she joined him in scrapping. She testifies that she mostly did this during the day, but sometimes did this at night. Later on in the testimony, she contradicts herself by saying they scrapped mostly at night.

Eula Keyes states that she remembers talking to Detective Navarro in 2014 about people following her. Eula Keyes states that she remembers a truck following her, but does not recall a car following her. She testifies that she does not know of anything stolen from the Carson property that went to Linda Sue Burns’ house.

Percy Martinez has apparently noticed some discrepancies between her testimony today, and from her testimony during the preliminary examination. He cites many pages and lines from the preliminary examination that he wants to read in the courtroom. The jury is sent out for their lunchtime break, and Eula Keyes is taken out of the courtroom. Marlisa Ferreira has many objections, and states that Percy Martinez will have to confront Eula Keyes with her testimony before Percy can use her earlier testimony to impeach her. Percy is concerned that Eula Keyes had testified that she did not know the antique dealer, and that she did not take stolen antiques to Linda Sue Burns’ house. Judge Zuniga is going to look over her testimony during lunch, and this could be a real hornet’s nest in the afternoon. I will not be in the courtroom tomorrow due to some family obligations. I will be back Thursday for the morning session.

Sincerely; William Thomas Jensen (Tom)

 


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