Week 14, Day 55 (Boring the courtroom to sleep)

I took very little notes today. Jim Cook’s Power Point presentation seemed to me to be pointless, boring, and irrelevant. I fought the sandman until our morning break, and left for home. I feel that Marlisa Ferreira must have something she is trying to accomplish with the early slides that have been presented, but I really don’t have a clue what can be accomplished with the crap that we were forced to endure. I saw the jury gazing around the courtroom, and not really paying attention. If Marlisa Ferreira keeps this up, she will lose them completely.

We start out at 9:22AM with the jury and Jim Cook out of the courtroom. We start out with defense attorney Jai Gohel making some good arguments concerning a concern that came up at the end of testimony yesterday. Jim Cook had tried to make assumptions on connectivity and obstructions. He had tried to argue that heavy foliage in front of Eduardo Quintinar’s house would affect the connectivity of his cell phone. He was trying to say that his two story home would affect connectivity of cell phones. He was trying to say that windows in Walter Wells’ home would affect his connectivity. Jim Cook had never entered these and other structures to test out his theories. Jai Gohel calls Jim Cook’s assumptions as pure speculation. Jai Gohel says that there is no foundation for what Jim Cook was trying to do. Hans Hjertonsson chimes in, and states that Jim Cook’s testimony had morphed into “Yes it will impede” rather than saying “It could impede.” Hans calls Jim Cook’s assumptions based on the heavy leaves surrounding Eduardo Quintinar’s home as being absurd. Jai Gohel argued that Jim Cook does not have the education to make such assumptions.

Marlisa Ferreira refutes the defense argument that Jim Cook does not have enough training. She states that Jim Cook was only saying that these things have the potential to obstruct the cell phone connectivity. She calls his work a fluid process. She states that the defense arguments go to the weight of the evidence and not the admissibility of the evidence. She states that the defense could have hired their own cell phone expert. She states that these issues should have been brought up in the 402 hearing.

Judge Zuniga states that she has read Jim Cook’s testimony twice. She states that the People and the defense are both right in their arguments. She agrees that Jim Cook’s testimony had morphed, and that his answers had come out to be speculative. She states that Jim Cook had left the impression that the windows in Walter Wells’ home would make better connectivity. Judge Zuniga now states that this goes to the weight of his testimony, not the admissibility of his testimony. She tells Marlisa Ferreira to go back and clarify for the jury that the obstructions could possibly affect connectivity.

Judge Zuniga now goes into Carmen Sabatino’s motion that is scheduled to be heard at 3:00PM today. Marlisa Ferreira states that she has several witnesses that she needs to have attend, and needs more time to arrange for their testimony. There is mention of them being involved with the Department of Justice, and the FBI. Marlisa Ferreira gets the judge to postpone the hearing until 3:00PM on August 17th. Judge Zuniga insists that Marlisa Ferreira get ahold of Carmen Sabatino to inform him of this change. She wants Carmen to be notified this morning.

At 10:05AM, the jury is brought into the courtroom, and Jim Cook is put on the stand. Marlisa Ferreira immediately gets Jim Cook to clarify that the obstructions that he had testified about only had a potential to affect connectivity of cell phones.

Marlisa Ferreira takes Jim Cook to a date of 09/08/2011. This is way before Korey Kauffman had gone missing, and way before any of the defendant’s cell phone calls were being tapped. Jim Cook goes over what cell phone towers and sectors were involved with cell phone calls from Baljit Athwal, and how his cell phone was moving between cell phone towers and sectors. This was beyond boring folks. She then goes to the date of 01/02/2012. This is also way before Korey Kauffman had gone missing, and way before any of the defendant’s cell phone conversations were being tapped. These cell phone communications were from cell phones associated with Georgia DeFelippo, Christina DeFelippo, Frank Carson, and Ryan Schmidt. This was also beyond boring. Before our morning break, Marlisa Ferreira suddenly asks for a side bar. After the side bar, Marlisa Ferreira walks to the back of the courtroom where Kirk Bunch was seated and whispers something in his ear. I get the feeling that he was told to watch certain people in the audience. I don’t know if this is just paranoia on my part. I think she is trying to find a way to get the bloggers out of the courtroom. Nothing was said to any of us in the audience, so I guess we are all “Right as rain.” I decided to get my butt out of the courtroom after this situation.

Jim Cook’s testimony is going to be hard to endure. He refuses to just answer questions, and goes on long narratives that have to be stopped by the judge. I don’t think Judge Zuniga likes Jim Cook. I think that the defense attorneys will destroy him on the stand just like defense attorney Timothy Rein did in the Preliminary Examination. His analysis of the cell phone data records is very flawed, and he makes assumptions that are not supported by science. I will be in the courtroom on Tuesday morning to report on what I observe. I will certainly try to keep track of that person watching us from the back of the courtroom, and will make my best attempt to avoid anything that could possibly be used against me. I fully intend on reporting on this travesty of justice until the jury comes in with their verdict of not guilty. I know that day will come, and it will make all the sacrifice justified.

Sincerely; William Thomas Jensen (Tom)




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