FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
BY WILLIAM THOMAS JENSEN
Week 10, Day 38 (The Extra Crispy Cathy Grinolds)
Court resumed this morning at 9:19AM with discussion of things that are going to happen tomorrow. Marlisa Ferreira has made a motion to revoke the release of the defendants on their own recognizance. There was discussion of about 8 hours of tape recordings that Marlisa Ferreira was able to obtain of the defendants in the courtroom hallway. They allegedly contain incidents where Frank Carson is seen staring down Michael Cooley and his lawyer Harold Phipps, and calling Eula Keyes a liar. They also allegedly contain footage where defense attorneys Jai Gohel and Percy Martinez are staring down Michael Cooley in the hallway. Jai Gohel tells the judge that he hopes the tapes will show how Marlisa Ferreira threatened himself in the hallway. Jai Gohel accuses Marlisa Ferreira of severe misconduct by showing pictures that were taken in 2012 that she had passed off as being taken in 2015. Jai Gohel states that Marlisa Ferreira knows that this is false, and used the photos anyway. Judge Zuniga told Marlisa Ferreira that she needs to just focus in on what the defendants did, so I guess Jai Gohel and Percy Martinez can remain free men. The defense attorneys are all concerned that they have not been able to even look at any of this footage. The judge ordered Marlisa Ferreira to make copies of this footage, and to provide it to the defense by this afternoon. She agreed that the defense will need time to review the footage. She stated that she needs time to review the footage herself. She will not allow the footage to be shown in the courtroom tomorrow, and will schedule another court day for these to be played. There will be testimony from various law enforcement people tomorrow concerning Marlisa Ferreira’s motion, but no decision will be made by Judge Zuniga until after the tapes are heard on another day. I see this as a pathetically desperate way the prosecution is trying to prolong and extend the agony that they have inflicted on the three innocently accused defendants.
Percy Martinez states that the defense attorneys want to examine Cathy Grinolds regarding how she previously said she did not see three people on the platform, and now says that she did see three people on the platform. Hans Hjertonsson states that it is clear that Cathy Grinolds was shown some photos in the preliminary examination, and now is stating that she has never seen the photographs. After much argument, Marlisa Ferreira states that she will stipulate that Cathy Grinolds was shown the photographs.
It is now 9:54, and the jury is brought into the courtroom, and Cathy Grinolds was brought to the stand. Marlisa Ferreira immediately starts asking Cathy Grinolds how she had said that she did not remember what she had said about seeing people on the platform in the preliminary examination. Marlisa Ferreira brings up some transcripts, and there is immediately a side bar. After the side bar, Marlisa Ferreira shows the transcripts to Cathy Grinolds. Cathy Grinolds says that the transcripts had refreshed her memory. Marlisa Ferreira asks Cathy Grinolds where she had said that she had seen the three men standing on a platform. Cathy Grinolds states that she had seen the three men on the platform on the side of the garage. Marlisa Ferreira shows Cathy Grinolds People’s 90, and Cathy Grinolds recognizes the picture. She points out where she had allegedly seen the three men on the platform. She used a laser pointer to point to the back wall of the garage where the platform allegedly was attached to part of the wall. She states that after seeing the Athwal brother pictures in the Modesto Bee, that she thought that they were the same people that she saw on the platform while she was driving down 9th street in her car. Marlisa Ferreira does not have any more questions at this time.
Defense attorney Percy Martinez takes over on cross examination. He puts a picture up on the screen, and points to a fence near where Cathy Grinolds had said was the platform. Cathy Grinolds states that she could see the platform above the fence. She insists that she saw the platform from the road, but could not see the platform from her house. Percy Martinez talks about how Cathy Grinolds had said that she saw the Athwal brothers pictures in the Modesto Bee. He asks Cathy Grinolds if she could see their faces in the pictures. She states that she could see their faces and their shoulders in the Bee. Percy Martinez: “Did it show their entire body?” Cathy Grinolds: “No.” Percy Martinez: “Did it show their silhouette?” Cathy Grinolds: “No.” Cathy Grinolds states that she saw the three men’s silhouettes when she saw them standing on the platform.
Percy Martinez now starts asking Cathy Grinolds about an interview that was done by Kirk Bunch on 06/27/2012 where Kirk Bunch had asked her if the owners of the land had hired security guards. Cathy Grinolds told Kirk Bunch “No” to that question. Cathy Grinolds had to be refreshed in order to remember that she had told Kirk Bunch that she had not seen any security guards. She told Kirk Bunch that she had not heard or seen any security guards patrolling the Carson property. Frank Carson had told Cathy Grinolds that he was going to get to the bottom of the thefts. Cathy Grinolds testifies that Frank Carson had a calm demeanor when he told her that he was going to get to the bottom of the thefts. Percy Martinez has now further questions at this time.
Defense attorney Hans Hjertonsson takes over on cross examination. He gets Cathy Grinolds to agree that she had said in the preliminary hearing that she had read the front page article in the Modesto Bee that was published on August 14, 2015. Cathy Grinolds states that she does not remember stating that she recognized one or both of the Athwal brothers from the article in the Modesto Bee. Hans Hjertonnson states that when he cross examined Cathy Grinolds yesterday, she testified that the identified the Athwal brothers from seeing them at Pop N Cork Liquors. There is immediately a side bar. After the side bar, Cathy Grinolds agrees with Hans Hjertonsson. Hans Hjertonsson presses Cathy Grinolds about her statement about seeing the Athwal brothers on the Carson property. He gets her to admit that she had testified in the preliminary hearing that she had not seen the Athwal brothers near the Carson property. Hans Hjertonsson has no further questions at this time.
Defense attorney Jai Gohel takes over asking Cathy Grinolds the questions. He shows Cathy Grinolds four pictures, one at a time. The first picture was People’s 109. He asks Cathy Grinolds if this shows the general area where the platform was. Cathy Grinolds says: “Yes.” Jai Gohel asks Cathy Grinolds if she sees any platform in the picture. Cathy Grinolds: “No.” Cathy Grinolds describes the platform as being 5ft 4inches high, by 20 feet wide, by 20 feet long. Jai Gohel shows Cathy Grinolds People’s 110. He asks Cathy Grinolds if she sees a platform that is 5ft 4inches in the picture. Cathy Grinolds states: “No.” Jai Gohel asks Cathy Grinolds if she sees the green fence. Cathy Grinolds: “Yes.” He asks Cathy Grinolds to point out where the platform is. Cathy Grinolds states that the platform is behind the white container in the picture. It really is not there folks. Jai Gohel states that Cathy Grinolds had testified yesterday that there was no green fence obscuring her view of the alleged platform. Jai Gohel shows her People’s 136, which is a view of the Carson property from 9th street. The white container could be seen through the green fence. Jai Gohel asks Cathy Grinolds if she can see the platform. Cathy Grinolds: “No.” Jai Gohel now shows Cathy Grinolds People’s 151. Cathy Grinolds states that the fence pictured in the photo is a new fence. She states that the fence was not present when she lived in her house. That is not true. The fence has been in place for decades, and shows the wear of many years of use. Jai Gohel: “Do you know when this picture was taken?” Cathy Grinolds: “No.” Jai Gohel: “Were you living in your house in July of 2011?” Cathy Grinolds: “Yes.” Jai Gohel totally toasted Cathy Grinolds. She is now the extra crispy Cathy LOL. No further questions at this time. We take our morning break.
It is now 11:20, and the jury is brought back into the courtroom. The extra crispy Cathy Grinolds is brought back to the stand, and Marlisa Ferreira tries to put lipstick on her pig of a witness, and to put out her flaming skin. Marlisa Ferreira shows Cathy Grinolds People’s 109, and asks her if something looks different in the picture. Cathy Grinolds states that she does not think that the white container was by the garage when she lived in her house. Marlisa tries to show Cathy Grinolds People’s 110, and there immediately is a side bar. After the side bar, Marlisa tries to show that the further you get from the garage in the pictures, the smaller the garage appears, and visa versa. Marlisa now shows People’s 136, and shows how you can see through the green fence. Marlisa Ferreira now shows People’s 140 which shows the three car garage on the Carson property. The end garage space on the building has a flat roof to it. Marlisa Ferreira asks Cathy Grinolds if she could see this flat roof when she drove by on 9th street. Cathy Grinolds: “No.” It was obvious that this was not the answer that Marlisa Ferreira wanted. Marlisa Ferreira asks Cathy Grinolds if she recalled a table on the platform. Cathy Grinolds says yes, it was a round table with three legs. Marlisa Ferreira shows Cathy Grinolds People’s 142 which shows a small table that is on the flat rooftop of the end garage unit. Cathy Grinolds says that she recognizes the table. Marlisa Ferreira has no further questions for Cathy Grinolds.
Percy Martinez takes over. He asks Cathy Grinolds when she saw the three men if she could see the table. Cathy Grinolds: “No.” He points out that Cathy Grinolds had testified that she had not seen three men on the platform the night that Korey Kauffman had allegedly disappeared. Percy Martinez points out that Cathy Grinolds had testified that the alleged platform did not run the entire length of the wall that it was allegedly attached to. Cathy Grinolds agrees that she had said this in her testimony. Percy Martinez is able to show on the pictures that even though you could look through the green fence while driving down 9th street, it would be impossible to see the alleged platform that would be around the corner of the garage. He has no further questions. Hans Hjertonsson has no further questions. Jai
Gohel has no further questions. The extra crispy Cathy Grinolds is now allowed to step down from the stand. We are now done with the morning session. I will be in the courtroom tomorrow morning to report on what happens with Marlisa Ferreira’s misguided motion to revoke the defendant’s release on their own recognizance.
William Thomas Jensen (Tom)
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