FRANK CARSON ET AL 6-26-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

06/26/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

Week 11, Day 40 (you never know what a witness will say)

This morning, we got some more of Marlisa Ferreira’s failing case in chief. Witnesses can be unpredictable in what they say on the stand. Marlisa Ferreira got a good dose of this today. We saw yet another of her witnesses actually become an asset to the defense of Frank Carson. The other witness we heard from today tried to say things that directly contradicted what was written in a police report. This will undoubtedly cause the jurors to question his testimony. The end result was yet another day where the prosecution has failed to prove anything with their own witnesses. For the life of me, I can’t think of a single witness that they have put on that would make the jury think that any of the defendants are guilty of anything.

We start out with the jury out of the courtroom. An officer we have all seen in the hallway lately is brought into the courtroom, and is questioned by Judge Zuniga. His name is Officer Kim Briggs of the Turlock Police Department. Judge Zuniga tells Officer Briggs that he was seen having a rather long conversation with one of the jurors the other day in the hallway while we were on break. Officer Briggs tells Judge Zuniga that he and the juror have been long time family friends. He states that he was aware that the juror was a juror on the Frank Carson ET AL Case. He tells Judge Zuniga that they were talking about their family. Judge Zuniga: “I would think that an officer would know better than to talk to a juor in a trial.” Officer Briggs: “I apologize.” Judge Zuniga does not seem to be placated by his apology. She asks him if he said anything concerning this case, and he denied saying anything of this nature to the juror. Judge Zuniga states that his statement matches what the juror had told her about the conversation. Judge Zuniga tells Officer Briggs that he can step down from the stand, and tells the Bailiff to bring in the jury.

It is now 9:16AM, and the jury is brought into the courtroom. Officer Briggs sits out in the hallway. Marlisa Ferreira goes into re-direct of her witness named Everett Wenstrand, who was the owner of an antique store in Hillmar. She reminds Mr. Wenstrand about how she had left off last week by talking about some antiques that had been stolen from Frank Carson that ended up in his shop. Marlisa Ferreira asks Mr. Wenstrand if the police had taken the stolen antiques from his store. A police report states that the police took the stolen antiques from his store. Marlisa Ferreira: “Did the police take the stolen antiques?” Mr. Wenstrand: “No.” Marlisa Ferreira: “Did Frank Carson come by a couple of years later and take the stolen antiques?” Mr. Wenstrand: “Yes.” Mr. Wenstrand testifies that Frank Carson came into his store with his wife (Georgia DeFelippo.) Mr. Wenstrand states that Frank Carson asked him why he would buy signs without getting more information from the seller. Marlisa Ferreira: “How was Frank Carson acting?” Mr. Wenstrand: “Unprofessional, accusatory, demeaning, not calm.” Mr. Wenstrand insists that Frank Carson took the signs from his antique store. He states that after this incident, he talked to his friend who is the owner of Crow Trading Co. on 9th Street in Modesto. He states that after this incident, he had no further contact with Frank Carson.

Defense attorney Percy Martinez takes over asking the questions. Percy Martinez gets Mr. Winstrand to remember that he had talked to Frank Carson at the Alameda County Antique show after the incident in Hillmar. He states that Frank Carson found some items that Wenstrand had that Frank thought were some of his stolen antiques. He states that they were some antique books that were automotive in nature. Percy asks Mr. Wenstrand if Frank Carson had asked him who he had obtained the books from. Wenstrand had to be refreshed, and admits that Frank Carson had asked him that question. Mr. Wenstrand states that he has absolutely no clue who he had obtained the books from. He states he got the books from a male that came into his Hillmar antique store. Percy asks Mr. Wenstrand if Frank Carson came into his Hillmar store about 10 days later, and Mr. Wenstrand did not recall. Percy asks Wenstrand if Frank Carson took any items, and Wenstrand states that he does not recall. Percy Martinez: “Did the seller give you a license plate number?” Mr. Wenstrand: “No.” Percy Martinez: “Did you tell the police that you didn’t care for what Frank Carson did for a living?” Wenstrand: “No.” Percy tries to say that Mr. Wenstrand questioned Frank Carson about what he asked sellers when Frank bought items at the flea market. This was objected to, and the objection was sustained. Percy Martinez: “you wanted him to pay for the items?” Wenstrand: “He volunteered.” Percy: “Did he pay?” Wenstrand: “No.” Wenstrand testifies that Frank Carson had visited his store numerous time in the past, and that he was a good client. He states that Frank Carson never came to his store again after this trouble with the stolen antiques. He states that he only saw Frank Carson and his wife at the store one time together. He states that Frank and Georgia were not looking at the signs when they came into the store.

Mr. Wenstrand testifies that he does not remember which officers came to his store to investigate the stolen signs, and does not providing a list of stolen signs to the officers. He does not remember an approximate date for the incident, but says it was approximately three years later that he encountered Frank Carson at the Alameda County Antique Show. He states that Frank Carson had already picked up his stolen signs before he saw Frank Carson at the Alameda County Antique Show. Percy has no further questions for Mr. Wenstrand. Jai Gohel gets Mr. Wenstrand to testify that he only had one sign that was Nazi in nature. He makes a comment that an expert friend of his questioned the sign’s authenticity. I think this comment was objected to. Judge Zuniga allows Mr. Wenstrand to step down from the stand, and tells Marlisa Ferreira to call her next witness.

Marlisa Ferreira calls Officer Kim Briggs to the stand. He is a Turlock Police Officer, and has worked in that capacity for the last 25 years. He previously worked as a police officer in Madera for two years. He states that on January 2, 2012, he was called to Lander Ave and Montana St. in Turlock to investigate a report of a suspicious vehicle. He testifies that the vehicle was parked on a dirt lot next to Al’s Transmission. He states that the owner Al Garcia had called in the report. He states that it was a Toyota pickup. Officer Briggs testifies that Frank Carson was slouched down in the driver’s seat facing East bound in the truck. He states that Frank Carson had a friendly demeanor, and explained what he was doing. He states that Frank Carson had told him that he was watching his property because of some thefts that were going on. Officer Briggs states that he could see some 30 feet of fence line on the Carson property from where Frank Carson was parked. At this point, I could literally see Marlisa Ferreira begin to steam. Officer Briggs states that he had stopped by the location this morning to refresh his memory. Marlisa Ferreira: “Why did you go by the property this morning?” Officer Briggs: “I wanted to verify some things.” Marlisa Ferreira: “Did anyone ask you to go by the property this morning?” Officer Briggs: “No.” Marlisa Ferreira: “Did you write a report?” Officer Briggs: “No.” Officer Briggs testifies that he did not ask Frank Carson to leave the area when he talked to him on January 2, 2012. Officer Briggs states that he talked to Al Garcia, and told him what was going on. Marlisa Ferreira has no further questions.

Percy Martinez asks Officer Briggs if he described the location as being South of Al’s Transmission. Officer Briggs: “Yes.” Percy: “Was Frank Carson parked facing East?” Officer Briggs: “Yes.” He states that Frank Carson was parked on a dirt lot. Percy shows Officer Briggs a picture (A Google map.) It shows that Frank Carson was parked about a half a block to the left of Michael Cooley’s house, and almost directly across the street from the Carson property. Officer Briggs states that he could see the fence on the Carson property from where Frank Carson was parked. He states that from that viewpoint, he could see the back of the Carson property, and could see a large white building. Officer Briggs testifies that Frank Carson appeared to be relaxed, and was not evasive. He states that this happened during the daylight hours. He states that Frank Carson talked about the thefts, and the cutting of his fence. We now have a side bar. After the side bar Percy asks: “What did Frank Carson say was the reason why he was watching his property?” Officer Briggs: ” People were breaking into his property.” Percy: “Did he make any observations?” Officer Briggs: “I don’t recall.” Officer Briggs states that Frank Carson was angered by the break- ins on his property. Officer Briggs states that he did not write a report. Percy tries to ask Officer Briggs if he knows who lives in the #16 house on Lander Ave (Michael Cooley.) This was objected to, and the objection was sustained. Percy has no further questions for Officer Briggs. Jai Gohel gets Officer Briggs to once again say that the suspicious vehicle was called in by Al Garcia of Al’s Transmission. Jai asks Officer Briggs if Frank Carson had identified himself, and Officer Briggs states that he already knew Frank Carson. Officer Briggs states that Frank Carson was friendly. Jai Gohel has no further questions.

Marlisa Ferreira takes over asking the questions. Marlisa: “Did Frank Carson give you 838 9th St. as his address?” Officer Briggs: “Yes.” Marlisa: “Did Frank Carson say how people were stealing from his property?” Officer Briggs: “He said someone was cutting holes in his fence.” Marlisa: “Did he say which side of the fence was cut?” Officer Briggs: “I don’t recall.” We now have another side bar.

At this point, Judge Zuniga catches one of the jurors texting on her cell phone, and sternly admonishes her.

Marlisa Ferreira takes over asking some more questions. Marlisa: “Did he indicate how people were getting onto his property?” Officer Briggs: “Yes, by cutting holes in his fence.” Marlisa Ferreira: “Did you review your prior reports?” Officer Briggs: “Yes.” It is now 10:22AM, and it is time for our morning break. After the jury is sent out, and the witness is taken out of the courtroom, we are treated to some Marlisa Ferreira at her worst. Marlisa states that she is more than upset about Officer Briggs visiting the property this morning. She states that Officer Briggs had gum in his mouth. She talks about how Officer Briggs has been caught talking to a juror, and that something does not pass the smell test.

Percy Martinez states that Officer Briggs specifically described where Frank Carson was parked, and said that Frank Carson was facing in an Easterly direction. Percy Martinez states that Michael Cooley’s house is down the street, and that Marlisa Ferreira is trying to make the jury believe Frank Carson was parked across the street from Michael Cooley’s house. Percy states that Frank Carson was actually a half a block from Michael Cooley’s house. Percy states that nobody asked Officer Briggs to go back this morning.

Hans Hjertonsson states that Ms. Ferreira said she has her suspicions. He states that sometimes witnesses testify differently than expected. Hans states that Marlisa Ferreira starts throwing accusations. Jai Gohel states that Marlisa Ferreira will next say that the defense lawyers are trying to intimidate her witness.

Marlisa Ferreira states that Officer Briggs had previously never said that he could see the back of the Carson property from where Frank Carson had been parked. Marlisa Ferreira states that she knows that Officer Briggs is friends with the Athwals, and he talked to a juror. Marlisa Ferreira states that she heard Officer Briggs talking to Tony Kauffman, and referring to the M- F ing prosecutor. She states that the Carson property is not in the Turlock Police Department’s jurisdiction. Judge Zuniga states that she can’t believe that Officer Briggs talked to a juror. Judge Zuniga states that she does not believe Officer Briggs apology. She questions why he would take it on his own to re-investigate the scene.

It is now 11:12AM, and the jury is brought back into the courtroom. Marlisa Ferreira shows Officer Briggs Exhibit C-M that was shown to him by Percy Martinez. She asks: “Were you shown this before?” Officer Briggs: “I don’t recall.” Marlisa Ferreira: “You described that as being Carson’s property.” Officer Briggs: “I believed that it was Carson’s property.” Now she asks a very stupid question. Marlisa: “If that wasn’t 838 9th street, would you agree that it wasn’t 838 9th St?” Briggs states that the location was at the corner of Lander and Montana. He states that Frank Carson was parked on the dirt. Officer Briggs states that there were houses across the street. (But not Michael Cooley’s house) Marlisa gets Officer Briggs to state that he can see Michael Cooley’s drive way from People’s #16. This picture was taken from a completely different location. Marlisa: “Did you talk to the defense about your testimony?” Officer Briggs: “I don’t recall.” Marlisa: “Did you talk to the defense about anything related to this case?” Officer Briggs: “I don’t recall.” We now have another side bar. After the side bar Marlisa asks: “During your time waiting in the hallway, did you have any conversation with the defense?” Officer Briggs: “Not that I recall.” Marlisa: “How about the prosecution?” Officer Briggs: “I don’t recall anything.” Marlisa: “Have you had any conversations with Frank Carson since his arrest?” Officer Briggs: “I don’t recall any.” Marlisa: “Have you had any conversations with the Athwals since their arrest?” Officer Briggs: “I’ve said hello, but I have had no conversations with the Athwals.” Marlisa: “Have you been to Pop N Cork since the Athwals were arrested?” Officer Briggs: “I believe I went in to buy something, but I don’t recall any conversations.” Marlisa Ferreira: “Prior to their arrest, did you frequent Pop N Cork Liquors?” Officer Briggs: “Yes.” Marlisa Ferreira: “As you sit here today, do you believe the Athwals should not be found guilty?” Officer Briggs: “No.”

Percy Martinez takes over asking the questions. Percy: “Did Frank Carson tell you someone had cut his fence?” Officer Briggs: “I don’t recall.” After being refreshed, he says: “Yes.” Officer Briggs states that between 2008 and 2009 that he had previously investigated property thefts on the Carson property. This was objected to, and we have another side bar. Percy Martinez has the Bailiff show Exhibit C-M to the jury one by one. Officer Briggs testifies that he did not document the incident. He gets refreshed on this, and says it was documented in a CAD call list on 01/02/2012. He did not list the location on the CAD call list, but remembers the location as being Lander and Montana. Percy: “Do you recall what Frank Carson said?” Officer Briggs: “Yes.” He starts to say what Frank Carson said, and it was objected to, and the objection was sustained. Percy Martinez has no further questions. Hans Hjertonsson has no further questions. Jai Gohel brings up Exhibit C-M. He points out that the green mark on the picture was the Carson fence, and the red mark was the white building on the Carson property. He gets Officer Briggs to state that he could see the white building this morning from where Frank Carson had been parked, and some containers on the back of the Carson property. He has no further questions.

Marlisa Ferreira takes over asking the questions. She gets Officer Briggs to testify that he has never been a detective in his 27 years with the Turlock Police Department. She gets Officer Briggs to identify a business that is shown in People’s 326. It is now time for our lunch break. The jury is sent out, and Officer Briggs is asked to step down. There had been an objection to Marlisa Ferreira showing People’s 326. Jai Gohel states that the picture is not the view point that would Frank Carson would have seen from where he was parked. I will not be in court tomorrow. It is my wife’s birthday, and I know how to preserve my life. I will be back Thursday morning to report on what I see.

Sincerely; William Thomas Jensen (Tom)

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