Week 17, Day 62 (Juror #6 Wearing Out Her Welcome)

This morning, we got very little accomplished. We started out at 9:46AM, outside the presence of the jury and the Cooks, with Marlisa Ferreira making arguments concerning her line of questioning of self-proclaimed cell phone expert Jim Cook. The jury was supposed to be called into the courtroom at 10:00AM, and a familiar problem popped up. We waste so many days in this never-ending case. I would say that all these days have added up to months of wasted time. Meanwhile, the defendants continue to pay their defense attorneys their life savings.

Marlisa Ferreira states that her offer is that the defense went into questions that went into possible bias and manipulation by Jim Cook. She states that the defense has inferred that Jim Cook manipulated the points of interest in his mapping to reflect the prosecution’s theories in their case. She states that the defense attorneys argued that Jim Cook never has previously testified to these things, and that the questions she wants to ask Jim Cook are out of the scope and can’t be asked.

Marlisa Ferreira argues that Jim Cook has testified how obstructions can affect the cell phone connections with the cell phone towers. She states that the phone records suggest that Christina DeFelippo was home on the Carson property when her cell phone was vacillating between the South-East Turlock cell phone tower on its South-East sector and the South-East Turlock cell phone tower on its South-West sector. Marlisa Ferreira wants to use this suggestion to try to show why Jim Cook came to the conclusion that the Carson property was within the overlap area of that cell phone tower. Defense attorney Jai Gohel had gone to great lengths to show that Jim Cook’s mapping was very ambiguous about whether or not the Carson property would be covered by this cell phone tower. Marlisa Ferreira states that Christina DeFelippo admitted to being home on a certain date while testifying on the stand. Marlisa Ferreira states that if she is disallowed by Judge Zuniga in going into this line of questioning, she will re-open her direct examination of Jim Cook to get this testimony in front of the jury.

Defense attorney Percy Martinez states that “We are going over and over again on the same things.” Percy states that the state of the law is that Jim Cook can’t testify that Christina DeFelippo was at any particular location based on his analysis of the cell phone data records. Defense attorney Hans Hjertonsson states that he is going to submit based on his comments made yesterday. Defense attorney Jai Gohel states that his questions to Jim Cook were pointed to the way Jim Cook drew his cell phone sectors on his mapping, and where he drew the lines in relation to the points of interest in the sectors. He states that his questions were not directed at whether or not a point of interest was in a certain location on his mapping. Jai Gohel states that it is impossible to prove that a cell phone was in a certain location, and therefore it is not relevant.

Judge Zuniga states that she spent a lot of time last night going over the case law concerning this issue. She cites the case law. One of the cases she cited was the People vs Banks. She states that Jim Cook has been impeached, and that he has made some mistakes in his mapping. She states that bringing in evidence that shows he is not biased is appropriate. She states that whether or not Christina DeFelippo was home is argument by the defense. Judge Zuniga instructs Marlisa Ferreira to tell Jim Cook that he can’t articulate on the stand that Christina DeFelippo’s cell phone was at the Carson property at any time. Judge Zuniga: “The motion by the defense to preclude additional testimony is denied.”

It is now around 10:15AM, and Judge Zuniga states to the courtroom: “We have a problem.” She states that juror #6 is not present and has not responded to repeated calls. It is revealed that one of the other jurors has been picking her up at her house in the mornings, and that she did not answer the door. The bailiff had been trying to reach the juror’s husband and was not able to get ahold of him. Judge Zuniga states that she needs to speak to the juror before she will contemplate discharging her.

We wait for another 45 minutes, and the judge finally calls all the attorneys into her chambers. When they come back into the courtroom, it is announced that her husband had found his wife asleep in their house. Judge Zuniga states that she will talk to the juror when she arrives. She is supposed to be in the courtroom by 11:30AM. Judge Zuniga states that she is preparing the “Slips” to replace the juror. Judge Zuniga states that this trial has a long way to go, and she is reluctant to replace the juror, and reduce the number of alternate jurors that are available to step in for deliberations. Judge Zuniga instructs the bailiff to call the jury room and tell the jurors that they are released until 1:30PM today. Be sure to listen to Marty Carlson’s Podcast tonight for what happens in the afternoon. We will not have any court tomorrow, so I will be back next Tuesday morning to report on what I see and hear.

Sincerely; William Thomas Jensen (Tom)