FRANK CARSON ET AL AM 7-13-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

07/13/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

Week 12, Day 47(Bailiff, Whack His Pee Pee)

We start out this morning with the jury out of the courtroom. Marlisa Ferreira is making arguments to try to get the judge to admit some text messages between Christina DeFelippo and her mother Georgia DeFelippo. Marlisa Ferreira tells the judge that she did not confer with the defense attorneys as she said she would. Marlisa states that she wants all of the text message entered into evidence. Marlisa states that Christina DeFelippo has denied that her mother had told her to not talk to the cops. Marlisa wants the entire text message to come in for impeachment. Judge Zuniga: “I have already ruled on this, and I disagree that the entire thing should come in.” Judge Zuniga states that it is “Improper character witness material.”

It is now 9:32AM, and Judge Zuniga has the bailiff call for the jury. At 9:36AM, Christina DeFelippo is brought to the stand. I have not seen Christina for a very long time. She looks good, but nervous to be on the stand. Marlisa Ferreira asks Christina DeFelippo if she had an Apple I-Phone in 2012. Christina DeFelippo: “Yes.” Christina testifies that she did many text messages. She says that Frank Carson had a “Flip phone.” She could not remember Frank Carson’s phone number, but said she thought the phone number was in her contacts. Christina states that her I-Phone was synched to her computer.

Marlisa Ferreira starts asking Christina DeFelippo about June 28, 2012 when Detective Ken Barringer has spoken to her, and had asked her if he could look into the “Chicken coop” on the Carson property. Christina states that Detective Barringer wanted Ryan Schmid’s telephone number. Christina testifies that she told Detective Barringer that her parents had shared with her two times their concerns about thefts from the Carson property. After being refreshed, Christina DeFelippo states that Detective Barringer had asked her if her parents had told her that anyone had ever been caught on the Carson property. Christina states that they had not told her of anyone being caught on the property.

DEFILIPPO

 

Christina DeFelippo testifies that Frank Carson would stop by the property on Tuesdays and on the weekends. Christina is now asked about a 2011 text that mentioned about the police being called because locks had been cut from the storage containers and things being stolen. Christina is asked about a text that mentions the “White trash twins.” She testifies that she had seen two men standing in what appeared to be the Carson property. She testifies that she walked up to them, and realized that they were on the other side of the fence. She states that she backed away, and apologized to them. Christina testifies that she learned that this property on the other side of the fence was the Cooley property after her house was raided (By the police.)

It is brought out that on 06/28/2012, Detective Barringer told Christina DeFelippo that he was working on a missing person case, and had asked Christina if she had received the flyer that had been left on her front door. Christina states that she told Detective Barringer that Kevin Pickett had come by her house and had asked to look into her back yard. Christina states that she told him he should talk to the landowner who was Frank Carson. Christina DeFelippo is asked by Marlisa Ferreira if she was aware of Frank Carson ever confronting Michael Cooley about the thefts from the cargo containers. Christina DeFelippo states that she was told by her mother about this and had also learned about this during her trial. You would think an atomic bomb had just gone off by the reaction from the prosecution. I guess this was supposed to be a secret from the jury. We immediately have a side bar. After a rather lengthy side bar, the jury is sent out of the courtroom. Judge Zuniga has Christina DeFelippo step down from the stand and leave the courtroom. Judge Zuniga has Christina talk to her attorney Robert Forkner.

While Christina DeFelippos is conferring with her attorney, Judge Zuniga tells Marlisa Ferreira that she understands her concerns about Christina mentioning the preliminary hearing. Judge Zuniga tells Marlisa Ferreira that she agrees with the defense attorney’s arguments that Christina DeFelippo is using the preliminary hearing as a “point of reference” concerning when she learned certain facts in this case. Judge Zuniga agrees with Marlisa Ferreira that there is an order concerning this that has been made. Marlisa Ferreira starts talking like we are getting into a mistrial situation. Marlisa wants the judge to issue an admonishment concerning this issue.

Defense attorney Hans Hjertonsson states that Christina DeFelippo has not done this repeatedly and has not repeatedly been non responsive with her answers. Hans Hjertonsson states that Marlisa Ferreira is the one who is asking for these sorts of responses by the way she is asking her questions. Defense attorney Percy Martinez agrees that Christina is using the preliminary hearing for context in her timing of things, but agrees that she does not have a right to volunteer information on the stand. Percy states that he understands that Ms. Ferreira is concerned about an order being in place, and that he does not want to deal with a mistrial. Percy Martinez states that the defense attorneys will advise Christina DeFelippo to stop referencing the preliminary hearing. Percy states that he still needs to be able to ask Christina DeFelippo how she became aware of certain things. Judge Zuniga states that any question that tries to show that Christina DeFelippo was a charged defendant will not be allowed. Marlisa Ferreira states that she thinks this is a “slippery slope.” Marlisa Ferreira states that Christina DeFelippo’s statements are very prejudicial, especially when she made a reference to “My trial.” Jai Gohel states that any mistrial that could result would be “On the prosecution.” Christina DeFelippo is now brought back to the stand. The jury is still out of the courtroom.

Judge Zuniga cautions Christina DeFelippo to not volunteer any information while she is on the stand. Judge Zuniga tells Christina that there is an order in place to prevent any information about her involvement in the preliminary hearing. She tells Christina that she can’t say that she was a defendant in this case. Judge Zuniga now tells Christina DeFelippo that she can step down from the stand, and we now take our morning break.

It is now 10:50AM, and the jury is brought back into the courtroom. Marlisa Ferreira shows Christina DeFelippo People’s 333, which Christina recognizes as being her twitter account. Christina confirms her twitter name, which I did not write down. Christina DeFelippo agrees that she had written the tweet that was being shown. Marlisa Ferreira shows Christina DeFelippo People’s 323, which is an overhead view of the Carson property and neighborhood. Christina is asked to point out with a laser pointer where she had seen the “White trash twins.” Christina states that they were on the “Cooley side” of the fence. She states that she walked up to them, slowed down, and apologized. Christina states that they had “A very bad vibe.” This was objected to, and the objection was sustained. Christina states that no words were said by the “White trash twins.” She states that she never saw them again. Christina testifies that she told her mother about this situation, and does not know who they were.

Christina states that prior to October of 2015 (The preliminary hearing), she never saw these people again. This is how she will avoid saying the preliminary hearing with her answers. It is a way that the attorneys have agreed that she can avoid mentioning the preliminary hearing. I am sure the jury already knows. This bell has already been rung. Christina DeFelippo states that she talked to her mother about the “White trash twins”, the hole in the fence, and the thefts from the storage containers.

Christina DeFelippo states that she never saw anyone on the Carson property, and that her “Mom and Dad” never mentioned any confrontations. Christina DeFelippo states that she did not know Kimberly Stout prior to October 2015 (The preliminary hearing.) She states that she knows Kimberly Stout today. Christina DeFelippo states that Linda Sue Burns came to her house with Eula Keyes. Christina DeFelippo states that she is not aware of any confrontation, or any gate kicking incident, and did not know Daljit Atwal or Baljit Athwal prior to October 2015. She states that she did not shop at Pop N Cork Liquors.

Christina DeFelippo testifies that she had spent two years in New York going to school and came back to Turlock in 2014. She states that she lived in the cottage behind 914 9th St. After a side bar, Christina states that she moved into the cottage in September or October of 2014 and moved out about 1 ½ years after her arrest. When she said the word “arrest”, it was like another atomic bomb went off in the courtroom. Judge Zuniga states that her comment is stricken. The jury knows what is going on for sure.

Marlisa Ferreira starts asking about 06/28/2012 when Detective Barringer had asked Christina about information that Cathy Grinolds had provided to law enforcement. This interview was done while Christina was in New York. Christina admits that Detective Barringer had asked her about this. Christina DeFelippo is now asked about 09/20/2013 when she was interviewed in New York by Detective Cory Brown and Detective Craig Jones. Christina admits that she had told the investigators that Frank Carson had given her a letter that instructed her to not talk to police officers without having a lawyer present.

Christina DeFelippo is now asked about where she was on 03/30/2012. She testifies that she was cleaning house early in the day at her “Mom’s and Dad’s” house and was not sure about the rest of the day. Christina states that she did go to Red Hawk Casino on the 29th and the 31st of that month. She states that she was probably home on 03/30/2012 but does not remember specifically. She states that she is not sure when she left her parent’s house on 03/30/2012. She now states that she does not remember. She states that when she drove home, she went from Fleetwood Drive in Modesto to Briggsmore Ave to Hwy 99 to Lander Rd Turlock. Christina does not remember calling her mother while she was driving home.

Christina testifies that when she got back from Red Hawk Casino, (I think this was on the 29th) she came in and discovered that Ryan Schmidt had been inside her place and had fixed a toilet. She states that she was upset, because she had dirty underwear around the house that she did not want to be seen. She states that on the 29th, she went to a drawing class in Sacramento around 8:30AM which lasted around three hours, and then went to Red Hawk Casino. She testifies that she may have stopped for lunch. Christina testifies that in her interview, she told the investigators that her “Mom and Dad” were upset about the thefts from their property. There is mention of a text message where Ryan Schmidt is mentioned watching the Carson property.

Marlisa Ferreira now asks Christina DeFelippo who Elena Marasse is. Christina immediately states: “My best friend till you did what you did.” Everyone in the courtroom kind of jumped. There was an objection, which was sustained. Marlisa Ferreira asks Christina if she spent the night at her cottage on 03/30/2012. Christina states: “I think so.” These sorts of answers always bring an objection about speculation. I kind of chuckled to myself at this point. Christina insists that she does not remember if she spent the night on 03/30/2012. I can’t resist a smile at this point. Judge Zuniga immediately calls for a side bar. After the side bar, I am asked by the bailiff to leave the courtroom for the remainder of Christina DeFelippo’s testimony. Wow folks, things are really getting testy here.

Sincerely; William Thomas Jensen (Tom)

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2 comments

  1. Well, you know, Tom, apparently in Judge Z’s courtroom, smiling at a witness can be very intimidating.

  2. It was just dumb for Marlissa to call Christina to the stand. Just dumb. I wonder what her real motivation was. Looks like that civil lawsuit is unnerving Marlissa and affecting her judgment. Obviously, Christina is not going to testify against her parents. It was dumb, just dumb for Marlissa to think she would. And, obviously,, Christina can play the “I can’t recall” card even better than Marlissa’s other witnesses on cross ex.
    “I could have been there on the 30th of March. But can’t say for sure. It seems like I would have been, but can’t recall for sure. But then again I can’t remember being anywhere else, so it seems like I must have been there. But then again, I would be speculating as I cant really say.”

    And that is the way she has to answer the question. If she says she was there, then she is a potential co-conspirator. If she says she was not there, then that would explain why she did not hear or report anything the night K. Kauffman was killed…So Woody’s story could be true.

    Also, because there is a civil lawsuit pending, Christina has to be very careful not to paint herself into a corner that she will not be able to wiggle out of later on. It appears that this is what Marlissa was trying to get Christina to do.

    And I want to say this. The defense has a powerful theory in that the DA is out to get Frank Carson. Judge Z has squelched all evidence of that, the strongest of which was the malicious prosecution of his wife and daughter. I think this really sucks. Makes me sick how a judge cannot bring herself to believe that prosecutors and police can be motivated by ill will.

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