FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

05/31/2018

BY WILLIAM THOMAS JENSEN (TOM)

Week 7, Day 27

Court resumed this morning at 9:12AM with one of the jurors being late. We start out by discussing a CD and a transcript of the CD. These get marked for evidence. Marlisa Ferreira discusses how this interview was used by the defense to impeach Eula Keyes. I must say that Eula Keyes has been utterly destroyed on the stand by the defense. She has testified to as many as three different versions of what happened. She has admitted to lying to the investigators, and to the jury during her testimony and interviews with the investigators. Methamphetamine has caused this lady to be a pathetic example of what not to be. I am sure her testimony will cause irreparable harm to the prosecution’s case. Judge Zuniga states that only a few pages of this interview are possibly relevant. Most of the interview had Michael Cooley responding to questions, and under 356 that testimony is pure hearsay.


An extremely frail elderly attorney named Harold Phipps is in the courtroom. He is representing Michael Cooley, who apparently will be on the stand this afternoon.


At 9:38AM, the jury is brought into the courtroom. Eula Keyes is brought back to the stand. Defense attorney Jai Gohel starts asking the questions. He asks Eula Keyes about when she testified about when she saw a person going through Linda Sue Burns’ car. He gets Eula Keyes to admit that it was 1-2 years before her April, 2012 interview with DA Investigator Kirk Bunch. It is determined that this incident happened in 2011. Eula Keyes testifies that she moved into the Lander Ave home around September of 2010, and the incident happened around 4-5 months after she moved into the house. Jai Gohel brings out Exhibit 49, which is a photo done on 05/16/2012 that shows that the hole in the fence had been repaired. Jai Gohel states that the prosecution had said that people were going through the hole in the fence between 2010 and 2011. Jai Gohel points out that the incident with a person going through Linda Sue Burns’ car, and the fence being repaired were prior to Korey Kauffman going missing. Eula Keyes could not remember this fact. Jai Gohel refreshes Eula Keyes memory by showing her transcripts of her preliminary examination testimony. Eula Keyes had to admit on the stand that this was what she had testified to. Jai Gohel states that after the fence was repaired, people would have to climb over the fence in order to get into the Carson property. Jai Gohel shows Exhibit 49 to Eula Keyes and asks her if she sees a hole in the fence. Eula Keyes: “No.” Jai Gohel asks Eula Keyes if she was aware that Korey Kauffman had almost severed his hand during an accident while working with a cutting disc dismantling a trailer. Eula Keyes states that she was aware of this injury. Jai Gohel asks Eula Keyes if Korey Kauffman had a bandage on this hand, and Eula Keyes says: “Yes.” Jai Gohel: “When Korey Kauffman went missing, was he mostly using just one hand?” Eula Keyes: “Yes.” There was something said about her not seeing Korey Kauffman climbing fences at the time he went missing.

Eula Keyes is asked if she had an interview with Detective Jon Evers on 05/10/2012. Eula Keyes: “Yes.” We now have a rather long side bar. Jai Gohel had been trying to ask a question concerning whether Eula Keyes had ever seen Korey Kauffman stealing items. After the side bar, Jai Gohel asks Eula Keyes if she ever saw Korey Kauffman what he did for a living. The jury undoubtedly knew what he was talking about. I could not hear what Eula Keyes mumbled as an answer. Jai Gohel asks Eula Keyes if she was aware that Korey Kauffman was doing drugs. Eula Keyes testifies that she was not sure. Jai Gohel asks Eula Keyes if she was aware that Michael Cooley was doing drugs, and Eula Keys said: “Yes.”

Jai Gohel asks Eula Keyes if it was common for Korey Kauffman to knock on her door at 2-3AM, and Eula Keyes says “Yes.” Jai Gohel now asks Eula Keyes if she had seen Scott McFarlane at Pop N Cork Liquors on 04/20/2012. Eula Keyes states that she had seen Scott McFarlane at Pop N Cork Liquors on that day. Eula Keyes admits that she had seen a flyer on the door about Korey Kauffman. She testifies that Scott McFarlane’s squad car was parked outside, and that Scott McFarlane was in uniform. Eula Keyes testifies that she said something about it being a shame what happened to Korey Kauffman. She states that Scott McFarlane told her that: “If you do bad things, bad things will happen to you.” Eula Keyes testifies that she would take a different route when driving to her father’s house that would not take her past Pop N Cork Liquors. She testifies that she would often see police officers at Pop N Cork Liquors, and that police officers would hang out at the store. Jai Gohel makes a comment that it would not be a good place to bury a body. This comment was immediately objected to, and the objection was sustained. The jury got the point, I am sure.

Jai Gohel asks Eula Keyes if she was shown a picture of Frank Carson by Kirk Bunch. Eula Keyes says: “Yes.” Jai asks Eula Keyes if she had said that Kirk Bunch had only shown her one picture instead of an array of pictures. Eula Keyes could not remember saying this. Jai Gohel refreshes Eula Keyes memory with some transcripts. Eula Keyes had to admit on the stand that Kirk Bunch had only shown her one picture instead of an array of pictures. Marlisa Ferreira is going crazy with objections, and we end up with a side bar. During the side bar, Jai Gohel shows Judge Zuniga some transcripts on his computer. Marlisa Ferreira has a very sour look on her face.

After the side bar, Jai Gohel gets Eula Keyes to admit that she had told Detective Jon Evers on 05/10/2012 that DA Investigator Kirk Bunch had shown her only one photo. Jai Gohel gets Eula Keyes to admit that she would not testify in the preliminary examination and the current trial without being granted immunity. I have heard that she could literally admit to anything without any fear of being prosecuted. What a country! Jai Gohel asks Eula Keyes about the gate kicking incident. He points out to Eula Keyes that she had said that she was not present during this incident. He points out to Eula Keyes that she had said that she had only been told about the alleged confrontation concerning the black BMW. Eula Keyes has to admit that she was only told about that incident. Jai Gohel gets Eula Keyes to admit that she was untruthful about being followed by a truck. Jai Gohel gets a sustained objection about a comment he makes about Eula Keyes being untruthful to the police and the jury. Once again, the jury gets the point. Marlisa Ferreira gets a good dose of the same tactics that she so often uses in this case.

Marlisa Ferreira takes over desperately trying to put lipstick on a pig. She gets Eula Keyes to state that she needed immunity because she had a pending case that she had not yet entered a plea on. Eula Keyes states that she currently has no pending cases. Eula Keyes states that she is testifying currently because she wants justice for Korey Kauffman. Eula Keyes testifies that her methamphetamine use does not make her forgetful. She states that methamphetamine does not affect her memory. She states that methamphetamine has not affected her vision. Eula Keyes states that she is able to sleep on nights when she has been using methamphetamine. Eula Keyes equates scrapping as recycling, and says she was not recycling stolen items. Her ample nose seems to be growing. She states that she recycles items that she finds at stores and ball parks. Marlisa Ferreira: ” Have you ever stolen to scrap?” Eula Keyes: “No.” How anyone could believe anything that comes from her mouth confounds me. Eula Keyes denies ever seeing Michael Cooley ever stealing anything. These are all lies. She states that Michael Cooley had told her he had stolen things. She states that she was not happy when he told her about stealing things. We now have a recess until 10:50AM. The jury is taken out of the courtroom, and Eula Keyes is taken out of the courtroom.

Judge Zuniga asks Marlisa Ferreira what is the relevance about Eula Keyes state of mind. Marlisa Ferreira states that Michael Cooley had told her that he was going out with Korey Kauffman to steal items. Marlisa Ferreira states that Eula Keyes had told Michael Cooley that he would have to move out if he did so. Judge Zuniga tells Marlisa Ferreira that the problem is the way Eula Keyes answers her questions. Judge Zuniga: “If I agree with you, you are going to “Lead” her. Percy Martinez states that Eula Keyes testified that after the hole in the fence was repaired that no stealing from the Carson property happened. He states that what Marlisa Ferreira wants to ask is not relevant. He states that what we are talking about now is 13 months after any stealing from the Carson property was happening.

Defense attorney Hans Hjertonsson states that what Marlisa Ferreira wants to ask is not relevant. He states that Marlisa Ferreira is speculating. Hans states that Eula Keyes state of mind is not relevant.

It is now 10:59, and the jury is back in the courtroom with Eula Keyes on the stand. Marlisa Ferreira goes on a very lengthy cross examination. She confirms with Eula Keyes that she had told Michael Cooley that he would have to pack his bags if he went out with Korey Kauffman to steal items. Eula Keyes states that it was because she did not like stealing. Marlisa Ferreira gets Eula Keyes to say that she did not know what was in the boxes of items that were taken to the home of Linda Sue Burns. Eula Keyes denies knowing that any of these items were from the Carson property. Eula Keyes states that she did not tell the police about the gate incident because she was afraid of repercussions and harassment. Eula Keyes states that the pipes were stacked up on the ground on top of each other. She states that the dolly was returned when it was dark. She states that Linda Sue Burns went to Bingo around 5:00PM to 5:30PM, and returned around 11:30PM to 12:00AM. Eula Keyes states that Michael Cooley was not there when Korey Kauffman got back to the house. She states that Ricky Cooley was present when Korey Kauffman came back to the house, and Korey Kauffman left after 10-15 minutes.

Photo by Tembela Bohle on Pexels.com

Eula Keyes speaks about a backpack that was found before Korey Kauffman went missing. It was found between the fence and the barn, and contained some court documents. She states that she burned the back pack because she was afraid of being accused of stealing. There is a side bar. After the side bar, Eula Keyes states that Korey Kauffman was wearing a jacket over a t-shirt, and some work boots. People’s 39 is shown. Eula Keyes states that the spotlight on the Carson property came from the direction of 9th Street. She states that the spotlight started after Korey Kauffman went missing. She states that she never saw officers along the back fence line prior to Korey Kauffman going missing. She states that Amber Kiester is her cousin, and lived in the front house at 1362 Lander Road. She states that Amber Kiester moved out around October of 2011, and that Sabrina Romero and Justin Reedy moved in. She states that they were present during the gate incident. She states that Justin Reedy was there for the gate incident before Korey Kauffman went missing. She denies knowing that the person was Frank Carson when she spoke to Detective David Shaw of the Turlock Police Department. She states that the police told her that the person was Frank Carson who was going through Linda Sue Burns’ car. Eula Keyes is asked why she told Kirk Bunch that it was Terry Carson. Eula Keyes states that someone had told her that the person was Terry Carson. Eula Keyes states that she has no doubt that the person was Frank Carson. Eula Keyes states that she was followed by a white pickup 2-3 times. She speaks about being followed by a Cadillac Escalade, and a green Toyota pickup. She speaks about also being followed by a small silver car, and a black car. She states that she could not see the drivers of these vehicles because she was being careful with her driving.

Eula speaks about being shown a stack of pictures, and being shown one picture at a time from the stack. Eula Keyes states that she was not on parole when a parole search was done on their home. She states that she inherited the knives from her deceased father. She states that these knives were seized during the parole search, and that some of the knives had been returned. She states that some of these knives included hatchets and swords. Eula Keyes testifies that she never saw Michael Cooley threaten Korey Kauffman. She speaks about the 4/28/2012 interview with Kirk Bunch and says it was a couple of weeks after she had spoken to Detective David Shaw. Eula Keyes states that she sees fine when she is wearing her glasses. Eula Keyes testifies that she saw Robert Jaquish leaving the Carson property with stolen items before Korey Kauffman went missing. Marlisa Ferreira shows People’s 49 which has a date of 05/16/2012 on it. Eula Keys states that a small hole in the fence existed prior to Korey Kauffman going missing. We are now done with the morning session. I will be there for most of the morning session tomorrow.

Sincerely; William Thomas Jensen (Tom)

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