FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
BY WILLIAM THOMAS JENSEN (TOM)
Week 16, Day 60 (Roast Pork Tonight? How about boiled lobster?)
Well here I am at the keyboard again. Someday, this monstrosity of a trial will conclude. I am more- sure every day that nobody will be convicted of anything in this case. This morning, I witnesses the further destruction of Jim Cook on the stand. Hans Hjertonsson started out with his continued cross examination, followed by defense attorney Jai Gohel. My God, I can’t imagine paying Jim Cook all this money for the crap work that was produced. His testimony has actually been shown to prove the innocence of the defendants, rather than guilt. You could actually see Jim Cook cooking on the stand today. He turned bright red, and stayed that way the entire morning.
Hans Hjertonsson starts pressing Jim Cook about his testimony concerning a 31 minute gap between text messages between Daljit Atwal and his “significant other” Sandy Villalobos. Hans had asked Jim Cook if he was sure that there was no other time that it took Daljit Atwal 31 minutes to respond to a text message. Judge Zuniga had ordered Jim Cook to do an analysis of the cell phone data records and determine the number of times that this threshold had been exceeded. The prosecution is trying to show that Daljit Atwal was busy the night that Korey Kauffman allegedly was killed. Jim Cook reluctantly testifies that there were 24 instances where it took at least this long for Daljit Atwal to respond to a text message from Sandy Villalobos.
Hans Hjertonsson now asks Jim Cook about the different cell phone towers, and how he had asked Jim Cook about being able to see the possible obstructions. Hans reminds Jim Cook that he gave the answer that he was unable to respond to the question as posed. Hans asks Cook why he gave this response. We really did not get an answer from Cook to this. Hans shows Jim Cook slide 79/88. Hans asks Jim Cook if he sees any obstructions in the slide, and Jim Cook tells him he can’t answer the question asked as posed. Already, I can see the jury rolling their eyes. Hans Hjertonsson reminds Jim Cook that he had been asked this same question by Marlisa Ferreira, and he had told her “Yes Mam.” Hans reminds Jim Cook that he had testified about metal buildings and how the neighborhood was a light industrial district, and how these caused obstructions to the cell phone signal. Hans Hjertonsson: “That is what you testified to correct?” After being refreshed, Jim Cook said “Yes Sir.” Hans: “When I posed the same question to you, you said that you could not answer the question asked as posed?” Jim Cook states that he can’t answer the question asked as posed. This was getting ridiculous at this point, and I could see more rolling of the eyes from the jury. Hans presses Jim Cook further on this, and he finally says: “Yes Sir.” At this point, I could see him turning bright red. Let the BBQ begin folks.
Hans Hjertonsson now brings up slide 27/68 where he had asked Jim Cook the same question concerning obstructions, and where Jim Cook had refused to answer the question as posed. Hans reminds Jim Cook that he had been asked the same question by Marlisa Ferreira, and he had told her “Yea.” After being refreshed, Jim Cook had to admit that he had answered the question “Yes” for Marlisa Ferreira.
Hans now reminds Jim Cook that he had testified that when he did his mapping, he did so using the CDR’s, voice data, and the text messages. Hans: “Did you map all the data connections?” Jim Cook: “No sir.” Hans: “You did so because some of the data was not accurate?” Jim Cook: “Can’t answer the question as posed.” Hans: “Why not?” Jim Cook: “I do the voice first, the text second, and the data can show a refresh even though the device has moved in location.” Cook: “It is accurate if there is some action taken on the device only.” Hans: “It does not show where the device is at?” Cook: “Can’t answer the question as posed.” More eye rolling from the jury. Hans gives Jim Cook a hypothetical where a device is in Modesto at Noontime, and is in Stockton at 1PM, but there has been no activity on the device. Hans points out that the cell phone data would show a refresh at Noontime, and another refresh at 1PM, with the device never moving from Modesto. Jim Cook refused to answer a question from Hans regarding this situation. More rolling of the eyes from the jury. After being repeatedly asked questions in different ways by Hans on this issue, Jim Cook admits on the stand that the cell phone data would be inaccurate in this hypothetical.
Hans now goes into how Jim Cook had testified about the cell phone tower sector overlap being 10 degrees to 15 degrees, and how this had never changed over time. Jim Cook says: “Yes, basically.” Hans: “When you say basically, can the overlap be lower?” Cook: “No sir.” Hans: “Can the overlap be higher?” Cook: “Yes, but very rarely.” Hans: “When asked by Marlisa Ferreira if the cell phone sector overlap was 10-15 degrees you told her “Yes?” Cook: “Yes.” Hans: “Is it true that you testified in another trial that the overlap was 5 degrees to 10 degrees?” Lots of objections from Marlisa Ferreira, but they were overruled. Cook: “I don’t recall.” The jury is sent out of the courtroom for ten to fifteen minutes while the attorneys argue about this situation. Both of the Cooks are removed from the courtroom. Hans shows Judge Zuniga transcripts from a 2011 trial. Judge Zuniga warns Hans that he must show these sort of things to the prosecution before he brings them up in the courtroom. Marlisa Ferreira complains about Hans making remarks under his breath when she makes objections. Hans denies this, but the court recorder shows the judge where she had recorded some of his comments that she had heard. Judge Zuniga said that she could not hear these comments from the bench. Judge Zuniga states that this proceeding is very contentious, and both sides could make bad impressions to the jury. She tells both sides that they need to step back, and refrain from such behavior. Hans wins his argument, and is able to talk about it in front of the jury.
It is now 10:24AM, and we are back in action. Hans once again tells Jim Cook that he had testified in a 2011 trial that the overlap was 5-10 degrees. Cook gets refreshed on this, and has to admit that is what he testified to in that case. Hans now starts talking about the S.E. Turlock cell phone tower. He gets Cook to admit that the azimuth for that cell phone site is 110 degrees. He tells Cook that he had said that he added 60 degrees South to this azimuth to show coverage to 170 degrees. Hans then uses Cook’s 10-15 degree overlap figures. Hans states that 170 degrees plus 10 degrees equals 180 degrees, and 170 plus 15 degrees equals 185 degrees. Cook admits that this is correct. Hans now shows Cook that he had said the Carson property in Turlock was outside of the overlap on one of his prior maps that he had completed. There are many objections from Marlisa Ferreira. Hans shows the judge the map during a side bar. Hans wins his point in the side bar, and Hans shows Jim Cook the map that he had previously produced. Cook has to admit that the Carson property is outside of the coverage area. Hans: “Do they accurately reflect the sectors?” Cook: “Yes.” Hans tells Cook that yesterday he had said he used a protractor and used his 10-15 degree overlap figures and said that there was a 17 degree overlap on one of his maps. Cook had to admit that he had testified to that on the stand. Hans now shows Jim Cook a map he had done concerning 838 9th Street in Turlock that shows the Carson property in the overlap. Hans now shows Jim Cook another map he had done that shows the Carson property outside of the overlap zone. Hans now shows Cook map 190/229 where Cook had testified that the azimuth was 152 degrees. Hans asks Cook if he added 60 degrees on each side of the azimuth, and Cook says: “No sir.” Hans: “How much did you add Southerly to the azimuth?” Cook: “Approximately 68 degrees.” Hans: “That would take the Southern border to 220 degrees?” Cook: “Yes sir.” Hans uses the protractor to show that the slide does not accurately depict the actual coverage area for the cell phone site. Hans hands the protractor to Cook, and asks him to calculate how many degrees he was off with respect to the Southern border of coverage on the site. Cook admits that his slide was off by 23 degrees in what it depicted as was the coverage in the Southerly direction. Cook looked like a boiled lobster on the stand at this time.
Hans Hjertonsson now starts asking Jim Cook about Exhibit 364, which is a flash drive that he had produced. Cook admits that the DA’s Office had asked him to produce the flash drive. Cook states that a DA’s Office employee named Bianca Gray had helped him prepare the flash drive. Cook now testifies that Marlisa Ferreira had been the person from the DA’s Office that had asked him to prepare the flash drive. We now take our morning break.
After the break, Jim Cook is brought back to the stand, and the jury is present. Jim Cook testifies that the flash drive contains records. He states that he is aware of what is on the flash drive. He admits that he was the one who prepared the flash drive. He states that the flash drive contains records and certifications. Hans shows his laptop computer to Cook that has the flash drive pulled up. Hans asks Cook about folder 1490969. He asks Cook if he prepared this folder. Cook says: “Yes.” Hans now shows Cook a file named the Jim Cook Report. Hans: “Is that a record you produced?” Cook: “Yes.” Hans tells Cook that there are 238 pages of conclusions in this report. Cook admits on the stand that he put this report into the flash drive, and that one part was concerning conclusions, another part was maps, another part was CDR’s. Hans now points out a file that was named the Yahoo File. Cook has to admit that Yahoo has never been a cell phone provider. Hans: “The remainder of Exhibit 364 are CDR’s” Cook: “Yes, among other carrier information.” Hans: “You were asked to prepare Exhibit 364 as an Exhibit in court?” Cook: “Yes.”
Hans now asks Cook about how he had testified a couple of days ago how he had made $349,900, but how that figure was incomplete. He was asked at that time for subsequent information concerning his income from his work. Hans: “Do you have it?” Cook: “Yes.” It turns out that Cook has worked 118.75 hours since that last dollar amount was calculated. Hans provides Cook with the protractor that he had used in his mapping. Hans: “When mapping you said that you used eye balling and used the protractor.” Cook: “Yes.” Hans moves the protractor into evidence. Hans has no further questions for Jim Cook.
Jai Gohel takes over on cross examination of Jim Cook. Jai starts out by talking about how Jim Cook had been given the assignment of plotting on maps various places of interest in this case. Jai shows Cook how he had plotted the Walter Wells’ residence, Carson property, Pop N Cork Liquors, etc. Jai Gohel: “Who provided these places of interest to you?” Cook: “Kirk Bunch.” Jai Gohel: “Did Kirk Bunch give you the Tuesday Turlock Swap Meet as a place of interest?” Cook: “No sir.” Jai Gohel: “Did Kirk Bunch give you the McHenry Village Shopping Center as a place of interest?” Cook: “No sir.” Cook admits that he took pictures of certain places of interest including the Carson property, the Michael Cooley residence etc. Cook testifies that Kirk Bunch gave him the places of interest that he wanted to be photographed. Jai Gohel points out that Jim Cook had taken a photograph of the cell phone tower site at CSU Stanislaus. Jai Gohel shows the picture of the cell phone tower site that Cook had taken. Jai Gohel: “Is the address on that picture the address of the Turlock Tuesday Swap Meet?” Cook: “I can’t answer that question as posed.” More rolling of the eyes from the jury. Cook admits that he grew up in Oakdale, and had attended MJC (But not graduated.) Cook testifies that he has never gone to the Swap Meet in Turlock. Jai Gohel: “Do you remember seeing a sign that you could not park there on Tuesdays because of the Swap Meet?” Cook: “I don’t recall.” Jai Gohel is showing the jury that the cell phone activity on Tuesday mornings by Frank Carson were concerning his attendance at the Swap Meet. Marlisa Ferreira had tried to show some sort of incriminating thing concerning these calls. Jai Gohel now shows a picture of the glass building on McHenry Ave where I have had many medical procedures done. It has a cell phone tower on its roof. Jai Gohel now shows a cell phone site at Doctors Medical Center. He shows how Jim Cook had errored in which site was closest to the Carson home in Modesto. It turns out that the cell phone site at Standiford Ave was closest to the Carson home in Modesto. Jai Gohel has much more to cover, but we have run out of time for the morning session.
Sincerely; William Thomas Jensen (Tom)
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