FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
BY WILLIAM THOMAS JENSEN (TOM)
Week 13, Day 48 (Bail Revocation Hearing Cont.)
We start out at 9:21AM with DA Investigator Kirk Bunch on the stand for cross examination. Defense attorney Percy Martinez starts his cross examination. Percy gets Kirk Bunch to testify that he was present the entire time for the Aguilar case. He testifies that Frank Carson was seated in the Jury box on April 12, 2017. Marlisa Ferreira objects saying that the preliminary hearing is out of the scope. Percy points out that Kirk Bunch has testified that Frank Carson came in 3-5 times during the preliminary hearing. Judge Zuniga overrules the objection. Percy Martinez gets Kirk Bunch to testify that he did not complain to the bailiff about Frank Carson sitting in the jury box. Kirk Bunch testifies that there were always at least two bailiffs present in the courtroom during this trial. He states that he is aware of Frank Carson being in the courtroom around five times during the trial during the motions illiminae section of the trial. Kirk Bunch again testifies that he did not complain to anyone concerning Frank Carson. Kirk Bunch testifies that he did write a report on the subject on 09/13/2017 after he had been served with an order to show cause.
Kirk Bunch testifies that he did not mention to anyone his concerns about an alleged incident on 07/2017. He states that Frank Carson was present during the main trial several times, and made no complaints to the bailiffs. Kirk Bunch is now asked questions concerning an incident outside of the courtroom involving the Aguilar family. He states that Frank Carson was in the hallway near the benches. Kirk Bunch testifies that he approached Frank Carson, and told him “Your trial is next.” Kirk Bunch denies saying: “Your next.” He admits that Frank Carson said nothing to him in response. He testifies that Frank Carson called for a bailiff, and reported the alleged threat. He states that Frank Carson went screaming to the bailiffs in the area of the metal detectors and said that Frank Carson said that Kirk Bunch had followed him, and accused Kirk Bunch of making threats. Kirk Bunch once again says that Frank Carson never talked to him during the incident. He once again states that he wrote a report on 09/13/2017. He testifies that no criminal complaint was filed against him, and that he never requested surveillance tapes of the incident.
Kirk Bunch now testifies about an incident that happened outside of Department 6. He testifies he was standing by the door, and Frank Carson came out of Department 8, and made some “Odd noises” under his breath. He states that he walked away, and went back to Department 6, and that Frank Carson went back to Department 8. Kirk Bunch testifies that Frank Carson was appearing for Percy Martinez in the Aguilar case. Kirk Bunch now testifies about an incident that was allegedly witnessed by Detective Russkamp. Kirk Bunch states that Frank Carson made a statement to Detective Russkamp. He testifies about a May 30th incident where Frank Carson allegedly came within five feet of Kirk Bunch and made some inappropriate comments. Kirk Bunch states that he discussed this incident with Marlisa Ferreira. Kirk Bunch confirms that Detective Russkamp was not a witness in the Carson trial at the time. Percy has no further questions at this time.
Marlisa Ferreira takes over on re-direct of Kirk Bunch. Kirk Bunch testifies that he saw Frank Carson talking to the Aguilar family, and that Frank Carson had made eye contact with him, and made some facial expressions to him. He states that Frank Carson had a big grin on his face, and stood next to his right shoulder approximately 3-4 inches from him. He states that Frank Carson had a smirk on his face, and made some comments. Kirk Bunch starts answering questions concerning the Russkamp incident. He testifies that Detective Russkamp was standing with his back to the wall in the hallway, and that he partially heard Frank Carson make a comment to Detective Russkamp about going to the women’s bathroom. Kirk Bunch states that he turned on his recording device at that time, but Jai Gohel immediately escorted Frank Carson away down the hallway. Marlisa Ferreira tries to ask Kirk Bunch how this made him feel. This was objected to, and the objection was sustained. Marlisa Ferreira has no further questions at this time.
Percy Martinez takes over asking the questions. He gets Kirk Bunch to admit that he had earlier testified that Frank Carson was around 6 inches away from him during the close proximity incident. Kirk Bunch states that this incident lasted around 2-3 minutes. He states that Frank Carson was making noises under his breath that were unintelligible. Kirk Bunch states that Frank Carson was talking to his mother during the Russkamp incident. Kirk Bunch testifies that Detective Russkamp had been assigned to watch the jurors and defendants while he was in the hallway. Detective Russkamp was stationed at the end of the hallway near the elevators. There is testimony from Kirk Bunch that Frank Carson had called three of the Detectives a “Piece of shit” when he was exiting the courtroom. I think two of these Detectives were Detective Jon Evers, and Detective Frank Navarro. He states that Frank Carson was smiling during this incident. Percy has no further questions at this time. Marlisa Ferreira asks one question, but I can’t decipher my notes concerning this question.
Percy Martinez states that he intends on calling Frank Carson to the stand, and wants the line of questioning to be limited. Judge Zuniga states that the line of questioning will be limited by the scope of the direct examination.
The defense calls Frank Carson to the stand. Frank Carson states that he was present during the Aguilar case. Frank Carson testifies that he gave insight and strategy during the trial, and wrote most of the motions illiminae. Frank Carson testifies that he made an appearance on behalf of Percy Martinez who was the lead attorney in the case. Frank Carson states that he did not insight violence even one time during the trial. He states that he did not stare at Kirk Bunch, but looked at Kirk Bunch and listened to Kirk Bunch. Frank Carson testifies that he was not asked to not sit in the jury box. Frank Carson denies that the alleged incident occurred where he allegedly stood 3-6 inches from Kirk Bunch. Frank Carson talks about Kirk Bunch approaching him in the hallway next to Department 5 during the Aguilar trial. Frank Carson states that people were exiting the Aguilar trial from Department 6, and some of the female Aguilar family members shouted that they had just convicted an innocent man. Frank Carson testifies that he had not directed the
Aguilar family members to do so. Frank Carson states that Kirk Bunch approached him, and that Kirk Bunch and Marlisa Ferreira had called for a bailiff. Frank Carson states that Kirk Bunch came over to him and smiled. He states that Kirk Bunch then said: “Your next.” Frank Carson says he then went to the area of the metal detectors, and asked to talk to a Sargent. He states that he did not scream. He states that he made a report on the incident. Frank Carson testifies that he demanded that Kirk Bunch be arrested.
Frank Carson now starts testifying about the alleged incident concerning Eula Keyes. He states that he watched the video of this alleged incident. He says that Eula Keyes was seated, and that he did not make any comments to her while he walked past her. Frank Carson now testifies about the Detective Russkamp incident. He states that he was talking to his mother who was seated on the bench, and could see Detective Russkamp standing in the hallway looking at his mother. Frank Carson says he said nothing right then to Russkamp, but later told him he should be watching the women’s restroom. Frank Carson said he muttered to himself “Piece of shit” when he was walking past the three investigators, but the comment was not directed to any of them in particular.
Frank Carson that he has not had any meetings with the Athwal brothers since he was released in December of 2016. He states that he has not had any telephone calls with them as well during this time period. He states that he has not done any E-Mails with the Athwal brothers during this time period. He has not had them to his house. He has not had them to his office. He has not been to Pop N Cork Liquors. He has not gone to lunch or dinner with the Athwal brothers. He states that the only contact he has had with the Athwal brothers has been around the elevators. Percy has no further questions.
Marlisa Ferreira takes over asking the questions. She states that Judge Zuniga set out certain conditions that the defendants would have to adhere to. She states that one of the terms stated that Frank Carson would have no contact with Baljit Athwal or Daljit Atwal. She states that Kirk Bunch is a witness in this case, and that Frank Carson was told he could not have any contact with any of the witnesses. She states that the same thing applies to Detective Jon Evers and Detective Frank Navarro. Marlisa Ferreira states that Frank Carson has admitted to saying “Piece of shit” to himself while walking past Evers and Navarro. Marlisa now goes over the alleged contacts between the defendants that were captured on the video surveillance cameras.
Frank Carson testifies that he watched the surveillance videos. Frank denies that he was having a conversation with the Athwal brothers. Frank Carson answers: “I don’t recall that” several times when he is asked about the alleged contacts with the Athwal brothers. Frank speaks about how the Aguilar family was crying, and were not yelling. Frank Carson denies that he was laughing at Kirk Bunch, and states that there was nothing funny about what was happening in the Aguilar case. Frank Carson makes a comment about Kirk Bunch being stupid. This comment was stricken. Marlisa Ferreira asks Frank Carson about Frank hugging an elderly female Aguilar family member. Frank admits that he hugged her. “Yes, you bet.” Frank Carson states that he did not see the Aguilar family members yelling at the jurors. Marlisa Ferreira has no further questions.
Jai Gohel tries to ask a question, and is told he has no standing in this hearing. Jai Gohel states that Marlisa Ferreira had asked questions concerning Baljit Athwal discussing the case. Judge Zuniga states that the issue is whether there is contact between the defendants. Frank Carson states that he thinks he may have said “Good morning” when he was speaking to the Athwal brothers. Judge Zuniga allows Frank Carson to step down. Percy Martinez states that he has one additional witness to call who is coming from Los Angeles. Her name is Kimberly Bunce. We take a break.
At 11:24AM, Kimberly Bunce is called to the stand. She states that she has been attending the trial on and off. She testifies that she got involved in the trial because her mother has been attending the trial. She states that she has a master’s degree in clinical psychology. She testifies that she has not seen the video of the hallway surveillance concerning the alleged incident with Eula Keyes. After some gyrations, we are finally able to watch the video. Kimberly Bunch is seen exiting the courtroom, followed closely by Frank Carson. They can both be seen walking past Eula Keyes. Kimberly Bunch testifies that she did not hear Frank Carson say anything to Eula Keyes. Percy has no further questions for Kimberly Bunce. There are no further witnesses in this hearing.
Marlisa Ferreira starts making her closing arguments. This thing turns into another one of her rants. She states that the evidence she has presented is only a three week sampling of what has been happening during this lengthy process. She states that she has complained repeatedly about this during the trial. Judge Zuniga looks perplexed at this point, and tells Marlisa that she will have to show her where she has complained in the record. Marlisa Ferreira talks about contact that lasted several minutes on more than one occasion. She states that Frank Carson has had direct contact with witnesses in this case. She goes over all the alleged incidents one by one. She states that Frank Carson is a lawyer, and should know better, and should live up to a higher standard. We are now done with the morning session, and Judge Zuniga seems to be very mad about something. Judge Zuniga states that she wants to talk to the attorneys, and wants the courtroom cleared of the audience.
Sincerely; William Thomas Jensen (Tom)
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