FRANK CARSON ET AL PM REPORT 7-24-2018 (MARTY)…….

Due to technical difficulties no podcast tonight. Here’s a written report of the Frank Carson et al. trial afternoon session today.

JACOBSON

The afternoon continued on with Steve Jacobson’s wiretap training, in one he’d gone to Lincoln Nebraska to learn the technical aspects of working with wiretaps.

He had no other training.

He did not work in the same role as in the past with the wiretaps, and the task force that he was on, simply working for the District Attorney’s Office now. He learned about ongoing surveillance teams, monitor of audio data, and he’s done at least 10 investigations as a monitor of wiretaps, and the least 10 to 15 investigations as a supervisor of the wiretaps.

He stated the calls are minimized when they’re not relevant or involved privilege. He said the minimization instructions are listed in the affidavit. The wiretap room are secure areas and only certified people are allowed to enter.

He went into a long explanation in the workings of the phone calls and how they are routed through the phone company and switched through the cell towers to the devices and to the intercepts. The wiretaps receive data information, like tax and applications. He also noted he is required to maintain the original audio, and what is saved was saved in a format that cannot be modified again also has we’ve seen in the past love letters, notifications to other people captured on wiretaps, need to be sent so they can be notified.

At that time, we had another sidebar conversation.

He stated that all procedures in this case were followed, and the monitor listening to the calls is required to hit the minimize button on privilege calls.

At that time, we had another sidebar conversation.

He stated that he cannot get wiretaps any time it takes legal requirements. In June 2012 a wiretap order was applied for and granted in this case.

They had a 30-day wiretap order granted for Frank Carson’s phone, Georgia DeFilippo’s phone, Daljit Atwal phone (2), Bobby Atwals phone, and Robert Woody’s phone.

He stated that he saved in sealed all this right after the taps were taken and transcribes written the discs were then moved into evidence.

In 2013 more wiretaps were approved, and in fact extensions were granted so the tap ran about three months.

The wiretaps were for Praveen Singh.

Again, in May 2014 another wiretap was applied for and approved for Bobby Atwals phone again.

A second one was applied for in May 2014 for the pop and cork phone on Crowell Street, the pop and cork on East Street, on Beverly and Robert Woody seniors phone, with Beverly being the primary user. In the second one on Beverly Woody’s and Robert Woody seniors phone were Robert Woody senior was the primary user. Additionally, Mary Woody Branco, and another phone listed to the Atwal brothers. He noted the Frank Carson was not targeted in 2014.

In 2015 there was eight lines that applied for and granted for wiretaps. One was for Walter Wells, another for Eddy Quintanar, again the pop and cork on Crowell Street, and the pop and cork on East Street, again for Bobby Atwal, and another one for Daljit Atwal, additionally for somebody by the name of Armand Singh, and another phone under the name of the Atwals were Bobby was the main user. Steve Jacobson noted that he had a total of about 50,000 captured wiretap calls. They then handed out some transcripts to the jury of just a few.

They played and audio from June 26, 2012 at 7:55 PM. It was Frank Carson on his cell phone calling his office which was answered by a Charlie Gaines. It was real brief, and Frank Carson basically said he was in Merced on his way back to the office.

A second one they played was June 29, 2012 at 10:27 AM. It was a phone call from Frank Carson to Ryan Schmidt. Frank Carson was talking to Ryan about how he didn’t do anything wrong and had made mention of Kathy Grinolds statements to police and the repairing of the barn, which Ryan Schmidt stated that it needed to be done because it was so wide open.

Marlisa Ferreira asked Steve Jacobson at this time what happened on that day. Massive ejections rose from the defense and the jury was eventually sent out of the room after a lengthy sidebar.

The defense is claiming it’s hearsay as Steve Jacobson was not present during any other activities other than the wiretaps. Marlisa Ferreira says it is relevant to what was going on and is material to the investigation occurring.

Judge Zuniga stated in less Steve Jacobson personally present during any other party investigation what was happening that day is nothing, but hearsay not allowed. Marlisa Ferreira wanted to keep arguing about it shows what officers do next. She says the defense keeps calling it a task force so the next actions by the officers as a group shows the next moves and activities by investigators.

Percy Martinez argued they had talked to Christine DeFilippo on June 28, 2012 so it’s not relevant asking Steve Jacobson what was going on as he does not know, making it irrelevant. He has no personal knowledge of the activities the investigation.

Judge Zuniga repeated again it is hearsay and it is Steve Jacobson’s interpretation of what was going on. He can testify to what he told others and the wiretaps, not what he thought was going on she’s not going to allow it.

Next, she had gone to a wiretap on June 30, 2012 but after some injections decided to drop it, it was a phone call from Frank Carson to Praveen Singh.

She then went to July 11, 2012 at 12:19 PM it was a phone call between Bobby and Daljit Atwal. It was in Punjabi so the investigators, Steve Jacobson and Kirk Bunch, read the lines of the transcription for the jury playing different roles of the brothers. One of the things noted is the boy once to know what you want him to say. They said that there is no need to lie and tell Robert not to worry he we didn’t do anything. Talking about the investigation building they may need to get a lawyer and they were calling the investigators a lot of nasty names. There also talking about the former death Star the black Chrysler 300 that Kirk Bunch had.

They then played a recording from July 12 the 2012 from 10:32 PM. It was a call from Daljit Atwal to Robert Woody Junior with the algae telling him that he doesn’t have to talk if he doesn’t want to. The audio was a little difficult to understand the Robert Woody was saying he didn’t talk, and also noted that Frank Carson told them don’t hurt anybody just find out who’s doing the thefts.

Another call on July 12 the 2012 from Frank Navarro and Kirk Bunch. Daljit Atwal was giving Frank Navarro some grief about the activities of the investigators Frank Navarro was telling him this is a homicide investigation and he wants to talk in person to Daljit, asking if you go to the sheriff department the next day to talk. Daljit was extremely hesitant on the phone and Kirk Bunch had stepped in and accused him of lying and said it several times. He kept repeating he’s not telling the truth. Kirk Bunch again tells me is not going to stop and asked him to talk again. Eventually they scheduled an interview the next day at pop and cork around 3:30 PM. Daljit Atwal during the call keeps saying he didn’t have anything to do with it.

On 7-12-2012 at 4:53 PM with the next call. It was Daljit Atwal and Robert Woody Junior. Daljit Atwal was telling him that the investigators want to talk again and that’s all that was played.

Then again on July 12, 2012 around 4:59 PM Daljit Atwal and Bobby Atwal had another phone call. One of them says they just talked to Ofc. Briggs at Turlock Police Department trying to get some clarification and then talked a lot of trash again about the investigators.

Another call at July 12, 2012 at 5:26 PM. It was a phone call between Daljit Atwal and Eddie Quintanar. This led to some objections by the defense attorneys and ended up in the extremely long sidebar.

The judge returned to the bench and sent the jury home it was almost 4 o’clock anyway, as they had some issues to deal with.

Judge Zuniga referred to some case citations as to third party culpability and transcribers statements. She wants the jurors to have copies of the transcribed calls. Talking the case citation of the second level hearsay due to the language barriers, 1/3 party was a participant witness even though the officer was being translated to. The second case law she said that the translator was a language conduit for the information.

These were cases that were cited apparently by the District Attorney’s Office and judge Zuniga noted that they do not apply to Steve Jacobson because he was not a recipient witness. Marlisa Ferreira one to argue with the judge about making a record the judge said no she wants to finalize the issue and began looking for her previous ruling that she’d made in some of the in limine motions.

At this time there was massive confusion is there but he was looking for the in limine motions which apparently wasn’t on their index of motions. The judge also noted that she believed she made the ruling in the motion in regard Praveen Singh.

This issue is can have to be researched overnight and will be continued in the morning courts to start at 9 o’clock the jury scheduled for 9:30 AM.

Also note on my website I have posted an email that I received from Carmen Sabatino’s representative, apparently they are transcribing my podcast for me for some reason. They sent me a copy of what I stated about them. And especially of note they forwarded copies of that email to Marlisa Ferreira and Kirk Bunch I have the copy saved if anybody wishes to see them. I am curious why Gene Forte and Carmen Sabatino would be so eager to send information to the District Attorney’s Office maybe they’re looking for a deal.

Court back in session tomorrow at 9 AM.

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