I am starting a new feature having my podcasts transcribed when people are available. I appreciate the efforts by the people involved. Anyone wishing to share the load let me know.
Good Evening Everybody! This is Marty from Dawg’s Blog. A few of you there got to listen to a little conversation I was having with somebody and having a little bit fun before we got started. Today is August 16, 2018. This is a podcast on the Frank Carson, et al. Trial.
If you listened to the noontime report and Tom’s report is also up, nothing got done this morning. The judge had listened to more arguments and made her ruling on whether the information about the vacciliating between the overlaps and the vacillating of the sectors. It’s the same tower, different sectors.
They are saying Frank Carson property is on the overlap, where the sectors overlap each other. Some of the mapping Jim Cook put the property inside the overlap, sometimes he put it outside the overlap, some was on the edge of the overlap, either edge. So the defense is saying, they are trying to use Christina Deflippo text messages and her activity on her phone to establish that it is the Frank Carson property. The defense is saying and is Jim Cook’s own words, you cannot get precise GPS locations on a cell phone through historical records. I just want to remind everyone of that. They can do it real time through major carriers, well just about all of them now, but in 2012 you could not get GPS coordinates on historical records. Real Time with AT&T yes, Cricket and some of them no. Cricket is now owned by AT&T. What the DA is saying is they are trying to say because the overlap area that the signals would cross over each other, they are establishing that with Christina Deflippo lived on the Frank Carson property, that the property hits both sectors on the same tower. The ones they call the 110 sector and the 230 sector on the same tower, which is SE and SW sector. If you picture a pie that has been sliced in 3 slices, 120 degrees, (it varies a bit) and these sectors overlap each other and the signal waver over into each other. No exact numbers on this. He cannot pinpoint exact locations. That is what the Defense was arguing. They are trying to use Christina Deflippo’s text communications that show vacillating between the 2 sectors. Doesn’t necessarily mean she was at the property. They don’t know. When you have people’s lives weighing in the balance, IMO they are supposed to get a reasonable doubt. They have to have beyond a reasonable doubt, IMO it’s not there.
The Judge admitted that the defense did impeach Jim Cook. That doesn’t mean his testimony is thrown out, just to the jury the defense did impeach him because the mistakes he made with the mapping. The mapping was not consistent, the mapping was not to scale. There are towers that overlap with each other, but he didn’t draw it that way. He drew the mapping to whatever they were trying to pinpoint on that particular map. There are 100s of pages of mapping and overlays and Powerpoint presentation used. 100s of maps, so whatever circumstance they were trying to establish in each one, he would highlight those towers and sectors and he used circles and colors, but they didn’t show how they overlapped with the other towers. It’s not to scale. IMO its misleading to the jury. WDIKIAI. So that’s basically what they are trying to say Christina Deflippo’s texts, calls and data communications on her phone during these dates (I’ve got them all written down) shows she’s at the property, vacillating back and forth. She actually could have been anywhere in the sectors during that time.
If I was a juror I’m not sure I’d be listening to this account and the jurors weren’t writing much down this afternoon. I hope I’ve led you into this enough to get you to understand what they were trying to do. As Tom put it “The DA is trying to put lipstick on a pig”. I think that’s accurate. The Judge says he’s been impeached and the DA has the job of rehabilitating him.
So we had the issue with the Juror the same one we’ve had issues with before. She didn’t show up. Apparently another juror was picking her up every morning. The juror lives in Denair and she didn’t answer her door this morning. Phone calls went unanswered. Many jurors tried to call her. They finally got ahold of her husband, he had to leave work and he went home and she was asleep. Sheriff’s deputy called her and eventually made contact with her also. She initially said she’d tried to by there at 11:30 am so they could talk to her, but couldn’t make it and she showed up at 1:15 pm. So nothing done this morning, except the defense motion was denied by the Judge.
The juror did show up at 1:15 pm and went into chambers with attorneys. The Juror came out in 10 min. Attorneys stayed in chambers about 15 min later and wanted to talk to their clients. They went outside and talked in private. They confirmed with their client (who can listen to the conversations) that it is OK to release juror, Judge was hesitant because she knows she has a long haul in front of her and she didn’t want to lose a juror. IMO she was creating an issue between the jurors themselves. They were not happy today or the last time this happened. You can hear conversations. The Judge took just the juror, called the court reporter back to put it on record. The juror was dismissed. When the Judge came out about quarter after 2, she stated she did have a conversation with the juror, it is on the record, but the record is sealed (intimate information there). She apparently didn’t have a ride home so they arranged for and Uber to take her home. Judge also confirmed with defendants that they are ok with excusing this juror. They had an old octagon spinner (like and old bingo spinner) to put in the name tags of the alternate jurors, bc it has to be arbitrary on who takes her place. Why we were waiting the Judge explained to attorneys that it was the same issues as before with this juror and there is a issue going on and keeping her up at night and she slept through everything this morning. It seemed an unanimous decision by all involved.
Jury came up. The clerk grabbed a paper from the spinner and an alternate was chosen. The Alternate did take the place of the excused Juror.
Jim Cook was back on the stand. They were talking about explaining what it means “being dark”. “Being dark” Jim Cook explained means there is no activity, doesn’t mean phone is off. No data connections, calls, texts or anything. They went into much detail on these calls with the defendants and Christina Deflippo’s and some of these dates I don’t understand the value, but the DA is choosing to do this.
She showed slide #126, dated April 6, 2012 in regards to Korey Kauffman’s device hitting a tower and the DA was very sporadic and was not consistent in the way she went down a list and it got confusing, even to Jim Cook and the Judge. Sometimes she mentioned the tower or they day or am/pm on the time and sometimes she didn’t. Talking about Korey Kauffman’s last known mappable event was the same sector as Pop ‘n Cork. (as if that means something when it really doesn’t, unless they can prove by other means where the phone was). They talked about Baljit Atwal and Daljit Athwal’s phone during the same time period that was 10:06 on April 6, 2012, There phones were dark until about the same time the next morning. WW phone was dark from 1030 that night to 8:04 the next morning. This is April 6, 2012 (What does that mean? I have no idea) They talked about Frank Carson’s phone on the 6th about 11 pm it went dark (and his phone is dark alot).
Slide #127 – Again Daljit Athwal on 4-6-12 at 10:06am, it last came on at his residence at 10:03am, it was in the vicinity of Pop ‘n Cork (his business). Baljit Athwal, same period, he went dark on that same day and then came on later on that night. Walter Wells went dark at 8am until 11am on 4/6/12. Frank Carson was dark until 12:15 pm on that same day.
Slide #130 Dajit Athwal on 4/7/12 at 1130am, he was in his residence. Walter Wells on 4/7/12, he got a call from Dajit Athwal around 11:30 am at his residence. Frank Carson on 4/7/12 he was dark until 12:48pm. They are not mentioning the towers or sectors. I really don’t know what they are trying to prove here or why these dates are important. There is nothing in the evidence about the first part of April at all.
Dajit Athwal 4/8/12 1052-1126 he was dark at his residence when he came back on. Baljit Atwal on 4/8/12, 10:52 am at residence, got a call at 10:42am and he initiated the call and then no other activity until 1:08 pm. Walter Wells sent a text at 9:48am on 4/8/12 and was dark until 11:23, until another text and all those devices were listed at Pop ‘n Cork. Saying Walter Wells was in the vicinity of Pop ‘n Cork. Frank Carson on 4/8/12 at 10:52am and he went dark until the next day at 0500. It was very confusing, she wasn’t consistent and even Jim Cook was getting confused and having trouble answering her, but he doesn’t CNAQAP her.
July 31 – Baljit at Pop ‘n Cork, Walter Wells at residence, Frank Carson dark from 7th – 9th.
Slide #132 4/9/12 Dajit was dark from 10:08 – 10:27 am and he was at Pop ‘n Cork. Walter Wells 9:25 – 11:12 he was dark and then he showed at his residence. Frank Carson from 7th to 9th he was dark until 5pm on the 9th.
Next Slide: Dajit Athwal 7: 34 pm – 9 pm he was dark. I’m not going to go through all of these, but I wanted to give you an idea of what was going on today. I don’t really understand. No calls to each other. She keeps repeating herself over and over.
Dajit Athwal was at his residence, dark for 1.5 hours in the afternoon and then made a call from Pop ‘n Cork.
Next slide: Baljit Athwal was dark for 40 min in the vicinity of Walter Well’s residence. Walter Wells dark from morning to afternoon on April 10, 2012 at his residence. Frank Carson was dark for 6 hours in the evening and then there was a bit of activity and then dark again until the next morning with once call and then dark again for over 24 hours until 4/11/2012. They aren’t saying where they are, just giving their activity.
Next Slide #141, 4/11/2012. Time stamped as 11:18, but then showed times before and after. Dajit Athwal had a user event around 11 am. Walter Wells dark for a little over 2 hours. Frank Carson dark after 9 am until 2:43 pm on 4/12/12.
The jury isn’t writing any of this down. I was watching the jury closely. They aren’t getting it. The DA was moving at a fast pace and the Judge continued to tell her slow down. She’d say “yes Mam” and then continued at a fast pace.
4/13/12 – Dajit Athwal was dark for 2 hours in the afternoon, Baljit about the same. They were at Pop ‘n Cork. WW was dark for a little over an hour in the afternoon at his residence. They also talked about Frank Carson, for 1.5 hours was also dark on 4/13/12.
Next Slide: 4/16/12 Daljit Athwal dark for 1.5 hours. Baljit Athwal was dark from 10pm to 5pm in the morning. Walter Wells dark around 9pm to 9:33 am. Frank Carson was dark from 7:03 pm until the next day at 12:27pm.
I don’t know if they are establishing anything at all here. It is confusing. I’ve heard much of this and can follow it and it’s not making any sense to me. Maybe there is a point they will make eventually. The DA is trying to rehabilitate Jim Cook.
They talked about Georgia Deflippo’s phone and trip to Salinas in August 2011. (Not sure of the significance of that date). At 1:04 she hit on the San Luis Reservoir Tower, she’s was going across 152 over Pacheco Pass. At 1:38 she had a data connection on the 152 Tower. 2:35pm she had a data connection in Castroville Area by Salinas. 2:44 pm she had a data connection in the Marina area of Salinas or Monterey. The DA was talking so fast I had trouble keeping up with her. 8/20/11 she hit a data connection at Pebble Beach. On 8/21/11 she had a data connection at 2:15 and at 6:22 at Pebble Beach, so she was there the next day. 10:26 pm data connection in the Monterey/Salinas Area. 9:26pm data connection at Monterey cell site. So she was moving back up into the Monterey Area. On 8/21/11 at 6:48 am there was a data connection on the Monterey cell site. She gave a bunch of other information that was contradictory to that so I don’t know. At 12:57 she’s at Pebble Beach. These could be call, text, data, networked initiated. 8:59 on 8/21/11 She had a connection at Seaside Cell Tower. 9:13 pm she had a connection at Prunedale Cell Site. 11:38 pm she had a connection in S. Gustine. Again, I don’t know what the significance is. She wanted to go through it. She’s gone through it before. But, like I keep saying WDIKIAI.
Then they went in to Dajit Athwal’s and Robin Attenhofer’s (Robert Woody’s girlfriend/live in/wife in April 2012) device. Robert Woody didn’t have a phone. Robin Attenhofer did and she has since passed away. (She supposedly wrote the letter to the Kauffman family and that turned out to be not true). They called Robin Attenhofer’s phone because Robert Woody didn’t have one. She lived with him and lived in the Woody household. Robert Woody worked at Pop ‘n Cork and they were constantly calling him. He didn’t have an consistent schedule and they called him when they needed him. They did talk about the dates March 30 – April 2, 2012.
March 30 Dajit Athwal called Robin Attenhofer 12:02 pm, there was 4 texts sent from 3:24 on. Then 4/2/12 there was a number of calls made within 1-2 min, then she called back 1 min later.
Then at 6:20 pm 4/2/12 Daljit again called Robin Attenhofer’s phone.
On March 30, 2012 Bobby Athwal texted Robin Attenhofer’s phone at 6:35pm.
There could be some significance there, since that is their theory date. There were no other phone calls between defendants between March 30th – March 31st.
Then they went to some other information and some connections between Baljit Athwal and Robin Attenhoffer on Jan 31, 2012 to April 10, 2012. There were 133 connections between Bobby Athwal and Robin Attenhofer. There were 149 contact (call, text) between Daljit Athwal and Robin Attenhofer. There were some that extended into 4/11/12 with Daljit Athwal.
On April 25, 2012 there were numerous contacts between Daljit Athwal and Robert Woody. This is about the time that Robert Woody activated a phone number (4/24/12 and it was only active a few months), but there was 171 contacts between Daljit Athwal and Robert Woody during that time period, from 4/25/12 – 10/19/12.
Jim Cook’s opinions and conclusions have been made by many sources he’s reviewed and texts from Christine Deflippo’s when her computer’s were seized and her messages were automatically saved and Art Hively was able to bring those up. They checked Christine Deflippo’s CDR’s from Jan 2011 to Feb 14, 2015. A number of dates there were “vacillations” on the same tower, the SE sector of the Turlock Tower and the SW sectors of the Turlock Tower. She was vacillating, they say, because she was on the overlap area of both those sectors where they come together.
Marlissa Ferreria put up on the overhead, slide #99. SE Turlock Tower showing the sectors. The Frank Carson location of interest is in the overlap area, Jim Cook is testifying to (which all of his mapping does not show that). The SE sector covers the Frank Carson property. He also said the SW sector covers the Frank Carson property and Pop ‘n Cork. Christine Deflippo was connecting to both sectors and they have quite a few notations here.
This led to a sidebar (this info they were arguing at the end of the day yesterday and this morning and the Judge ruled that the DA could introduce this evidence, even though it was outside the scope of cross).
Jan 18, 2011 there was 13 texts (Remember these dates and times are the only information they are giving out, there are many other dates of call/texts, etc, but they are only showing the times that Christine Deflippo is vacillating. They can’t give precise GPS locations though) 10:43 -10:53 pm she was connecting both sectors, vacillating. It means she could be in an overlap area. These towers cover miles of area.
Jan 24, 2011 Christine was vacillating. I’m not going to list them all. There are so many of them. Same thing on Feb 4, 2011, Feb 6, 2011, (these are in a very tight time periods) March 4, 2011, March 21, 2011, March 30, 2011, April 20, 2011, June 25, 2011, November 6, 2011, November 21, 2011, Jan 25, 2012, Jan 27, 2012, Jan 29, 2012, March 1, 2012, March 3, 2012, April 13, 2012, April 26, 2012, July 1, 2012, July 8, 2012, July 9, 2012, July 10, 2014, July 21, 2014, Aug 4, 2014, Aug 11, 2014, Sept 28, 2014, Sept 29, 2014, Oct 8, 2014, Oct 10, 2014, Oct 13, 2014, Oct 14, 2014. It’s all the same thing, just different time periods. They are trying to prove she’s in the Frank Carson property during the vacillation. She can be in the overlap area anywhere and can vacillate.
That is where they ended up. Like I said they pinpoint location through historical records, he went back 2-3 years, cause he came into this case in 2015. They briefed him into the wiretaps, search warrants to tell Jim Cook what they wanted. Instead of getting a clean sanitized version of a cell phone report. Remember they spent $354,900 prior to his testimony and he’s billed 118 hours + since that and he’s now on the stand so the clock is still running. He’s getting $350/hour while in court. He gets $200/hour and his son get $150/hour while he’s sitting next to the prosecutor because she doesn’t understand this, Trust Me.
Remember Jim Cook’s own words “The phone decides where it is going to connect”. The phone has a computer chip that decides where it is going to connect to, by determining the quality of signal strength. A call takes the best quality signal, a text takes the next best and a network connection takes the worst quality of signal. If there is poor quality of signal or the tower is overloaded the call could vacillate. Jim Cook only uses the information he gets on the CDR’s, uses a protractor and eyeballs it. He’s already admitted to making some mistakes on these.
That’s where we’ve left it today. Jim Cook is very cooperative with the DA, but CNAQAP’s the Defense.
No court tomorrow. Jim Cook wanted to delay his appearance next Tuesday (he has another court case), the Judge says No.
Walter Wells Court Date has been cancelled and will be rescheduled. (It fell through the cracks)
I will contact Scott McFarlane’s Attorney and get the latest information on his case too.
HELP DAWGS BLOG
Contact me here to let me know if you can help transcribe: