FRANK CARSON ET AL 6-1-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

06/01/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

Week 7, Day 28

We are allowed to enter the courtroom at 9:18AM this morning. Court was supposed to start at 9:00AM, but the prosecution’s witnesses have not arrived at the courthouse on time. Scheduled today is the continuing bazar testimony of Eula Keyes, followed by Michael Cooley. All the attorneys are in the judge’s chambers. We wait in the courtroom for Eula Keyes to be called to the stand. The judge and attorneys finally come out of chambers, and at 9:42 the jury is brought into the courtroom.

Judge Zuniga starts out by saying: “It is not a good morning folks.” “I need you to go back downstairs.” “Things happen.” “Bear with me.” The same jury that was on the verge of insurrection yesterday afternoon is ushered out of the courtroom. They all had sour looks on their faces as they filed out of the courtroom.

Judge Zuniga now states that Mr. Wentz’ motion to quash was discussed in chambers. Mr. Wentz is an attorney that represents Charlie O’Dell. Judge Zuniga sets June 15th at 3PM when this motion will be heard. Judge Zuniga speaks about some witness with the last name of Monakea. This sounds very Hawaiian to me. I have never heard this name mentioned previously. Judge Zuniga says something about dealing with a motion concerning Navar that was made by defense attorneys Hans Hjertonsson, and Jai Gohel. I am not quite sure what this motion concerns. Judge Zuniga now strongly admonishes Prosecuting Da Marlisa Ferreira about her witnesses being late. Judge Zuniga: “I don’t care if they don’t have a ride because their rides have issues.” Judge Zuniga now states that she has gone back on the files concerning motions filed between 3/22/2018 and 4/11/2018, and the motion is not there. Judge Zuniga: “Now you are saying it was after 4/11/2018.” Judge Zuniga looks some more and states: “I can’t find it.” Judge Zuniga to Marlisa Ferreira: “Mam do something.” I am completely in the dark about what she is looking for, but Judge Zuniga looks upset to say the least. Judge Zuniga tells Marlisa Ferreira that she will suffer consequences if her next witness (Eula Keyes) is not in the courthouse by 10:30AM. We now are told to leave the courtroom.

COOLEY

We sit outside in the hallway and wait. I was hoping that Eula Keyes and Michael Cooley would not make it to the courtroom by the 10:30AM deadline so I could see what consequences the judge would place on the prosecution. Just before 10:30, I get my first sight of Michael Cooley and Eula Keyes down the hallway. DA Investigator Steve Jacobson apparently was sent to Turlock to pick them up. He must have set the land speed record to get them to the courthouse in time.

We get back into the courtroom, and the jury is ushered into their seats. At 10:29 Eula Keyes is brought to the stand. It is now time for my daily dose of her bazar ever-changing testimony. Marlisa Ferreira begins speaking about the day Korey Kauffman had left the Cooley house never to return. Eula Keyes testifies that she had left the Cooley house to visit her father. Eula Keyes testifies that she came back from her father’s house, and that Korey Kauffman showed up around 9:15PM. He played some video games on his cell phone, and ate some chicken and dumplings. Eula Keyes states that Ricky Cooley stayed around for 15 minutes for dinner before leaving the house. Eula Keyes testifies that Korey Kauffman stayed at the Cooley house until 10:00PM-10:30PM before he left. Eula Keyes testifies that there was no discussion where Korey Kauffman was going that night. Eula Keyes states that Korey Kauffman told them to not let anybody take his bike while he was gone, and he would be back in a little while. Eula Keyes states that Korey Kauffman never came back.

Marlisa Ferreira shows Eula Keyes People’s #1, which appears to be a picture of Korey Kauffman. She shows Eula Keyes People’s #2. I could not see what this concerned. Judge Zuniga: “This is beyond the scope Mam.” Marlisa Ferreira shows Eula Keyes People’s #20, which is a picture of the gate area, and Korey Kauffman’s bike. Eula Keyes states that the bike was moved around the corner to the left. Marlisa Ferreira shows Eula Keyes People’s #36, which shows Korey Kauffman’s bike in a different location behind the house on the opposite side of the house. She states that Michael Cooley had moved the bike there. Marlisa Ferreira shows Eula Keyes People’s #17 which shows the side of the Cooley house near the garbage cans and the air conditioning unit. Marlisa shows Eula Keyes People’s #11 which is a picture of Linda Sue Burns’ car. Marlisa Ferreira is now done asking Eula Keyes the questions.

Defense attorney Percy Martinez takes over asking the questions. He gets Eula Keyes to testify that her father had died in 2016. Percy tells Eula Keyes that Marlisa Ferreira had asked her if she had taken belongings to Linda Sue Burns’ house. Percy talks about these items being items that were stolen from the Carson property in 2011. Eula Keyes states that she put her dad into an assisted living home in February of 2012. Eula Keyes states that she put her father into a nursing home in March of 2012. Eula Keyes testifies that she put his items in boxes and took them to Linda Sue Burns’ house. Eula Keyes states that Linda Sue Burns’ house burned down on 03/20/2012. She states that Linda Sue Burns got a new house on April 01, 2012 which was on Lander Ave. Eula Keyes states that the items she took to Linda Sue Burns’ house were not from Mark Kehoe. Percy asks Eula Keyes if she was aware that the porcelain signs had been stolen. Eula Keyes states: “Yes.” Percy Martinez states that these stolen signs were taken to Linda Sue Burns’ house, and they were then sold to antiques dealer Mark Kehoe. Percy Martinez then gets Eula Keyes to admit that some antique tools that had been stolen had been taken to the Burns’ house as well. He had to refresh Eula Keys’ memory with transcripts from the preliminary examination before she would admit to this fact. Percy Martinez gets Eula Keys to admit that she had a stolen VHS tape that she viewed on a machine at her house. Eula Keyes testifies that someone had brought the tape into their house. She had to be refreshed with transcripts to remember these details. Percy Martinez gets Eula Keyes to admit that she had taken stolen items in her car to deliver them to Linda Sue Burns’ house. Percy Martinez gets Eula Keyes to admit that she knew Michael Cooley was taking items from the Carson property in January of 2012.

Eula Keyes denies ever calling the police about the stolen items in 2011. Percy Martinez asks Eula Keyes about how Marlisa Ferreira had asked her about telling Michael Cooley he would have to move out if he went out with Korey Kauffman to recycle items. Percy shows Eula Keyes how she had used the word pilfering in her preliminary examination testimony. She admits that she used this word. Eula Keyes states that she considers recycling to be the same as pilfering.


Percy speaks about how the first time Eula Keyes was aware of Frank Carson was when he showed up on the Cooley property and was seen going through Linda Sue Burns’ car. Percy tells Eula Keyes that she had testified yesterday that drug use had not affected her memory, and that she slept every night even when using her methamphetamine. Percy Martinez gets Eula Keyes to admit that she had told the police that she had a bad methamphetamine habit. This took some refreshing for her to admit that she had a bad habit. Percy Martinez talks about how Eula Keyes had been arrested for methamphetamine on 03/11/2013. After many objections, and refreshing, Eula Keyes states that she was arrested with 3 bags of methamphetamine. The bags contained 2.12 grams, 1.48 grams, and 1.75 grams. This charge was dismissed. Percy Martinez starts talking about how she had testified yesterday that she only had 1 case pending at the time. We have a side bar. Percy gets Eula Keyes to admit that she was also arrested for being a felon in possession of ammunition. This charge was also dismissed. Percy points out that Eula Keyes was arrested for possession of heroin. This charge was dismissed. Eula Keyes was arrested for possession of paraphernalia. This charge was dismissed. Marlisa Ferreira was willing to do anything in order to have Eula Keyes spout her lies on the stand. Percy brings out that Eula Keyes testified yesterday that she burned the stolen backpack because she did not want to be accused by Frank Carson of stealing items from the Carson property. Eula states that she was tired of people coming over and accusing them of stealing items.

Eula Keyes is told by Percy Martinez that she had said yesterday that she had never seen Michael Cooley with the knives that she had received from her father. She denies ever seeing Michael Cooley attach anyone with a knife. Percy Martinez refreshes Eula Keys’ memory. There is a side bar. After the side bar Eula Keyes admits that she had seen said that she had seen Michael Cooley attack a Mr. Reya. Eula Keyes states that she is not sure what Michael Cooley had in his hand. Percy is now done asking the questions.


Hans Hjertonsson talks about how Korey Kauffman’s bike was shown in two different locations. He asks Eula Keyes if the bikes shown in the photos were the same bike. He shows Eula People’s 20 and People’s 36 again. Eula Keyes admits that the two pictures appear to show two different bikes. One of the bikes has a saddle on it, and the other bike does not have a saddle on it. Eula Keyes states that the bike without the saddle is Korey Kauffman’s bike. She states that she took the seat off Korey Kauffman’s bike to use on her bike. Eula Keyes states that Korey Kauffman’s bike had the saddle on it when it was found on the morning after he disappeared. She states that the bike stayed there for a long time. Hans asks Eula Keyes if the bike was buried a year later. This was immediately objected to and the objection was sustained. The jury got their ears full of this issue for sure. Hans Hjertonsson tells Eula Keyes that she had testified that she was being truthful. Hans Hjertonsson reminds Eula Keyes that she has testified recently that she saw Korey Kauffman 3 times on the day that he disappeared. Hans points out that Eula Keyes had testified in the preliminary examination that she had not seen Korey Kauffman in the morning that he allegedly disappeared. The preliminary examination testimony from Eula Keyes shows that she had said that she had only seen Korey Kauffman two times that day. Hans Hjertonsson points out that Eula Keyes could have taken the stolen back pack back to the Carson property instead of burning it.

Defense attorney Jai Gohel starts talking about how Eula Keyes had testified in the preliminary hearing that the hole in the fence had been repaired prior to Korey Kauffman going missing. Eula Keyes states that she had testified to that, but was not sure about that fact. It is now time for me to leave about 20 minutes early in order to pick up my dog from the groomers and get my shaggy hair cut. I will be there next Tuesday morning to report on what I see.

Sincerely; William Thomas Jensen (Tom)

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