Good Evening Everybody! This Marty from Dawg’s Blog. Tonight’s podcast on 8/21/2018 on the Frank Carson, et al trial. As a reminder this is week 18, since the jury has been selected and opening arguments. (There are different standards for actual trials, but we are going by from when the jury was selected and they started opening arguments). So, it is week 18, court day 63.
I apologize for the noon report. I broke out a brand new microphone, it obviously had a short in it. I think you could listen, but it was annoying and I have alternatives for tomorrow.
I also mentioned in the noontime report that I had some information on Scott McFarlane. They had court on Monday and it was supposed to be an arraignment. However, Marlissa Ferriera was not able to be there, she had a family emergency and so they were doing a continuance. Scott McFarlane wasn’t there, no family members were there, it was just attorneys. I didn’t go, I was going to and wish I had now. I talked to Larry Niemeyer, who is Scott McFarlane’s attorney. He said Judge Moody set a date for next month and that Judge Moody wants to take judicial notice that a homicide has occurred from reading a transcript from the Frank Carson Preliminary Hearing. Larry Niemeyer strenuously objected to that. First, Scott McFarlane was not part of that preliminary hearing. Second, if they are going to do that he should have been allowed to cross examine witnesses in that preliminary hearing. It is not appropriate and doesn’t sound right. They never really established a cause of death at any time to my knowledge, not in the preliminary hearing and they haven’t in the trial as of yet either. Judge Moody wants to take judicial notice, so they don’t have to prove a homicide. He is trying to save time. A judge can take judicial notice, say the facts are obvious to him that a homicide occurred. Larry Niemeyer is saying no, there has not necessarily been a homicide.
That is bridge that will have to be crossed later on. It kind of goes with the reputation Judge Moody has. If you Google Judge Moody out of Monterey you will see this kind of stuff.
Judge Moody feels the Preliminary Hearing will only take 1.5 days. The DA present (Not Marlissa Ferreira of course) says it will be a 4 week Preliminary Hearing. Remember, this is just an obstruction charge on Scott McFarlane. But they plan to take 4 weeks on this. I don’t know, you got me.
So, that is the information I have on Scott McFarlane. I plan to cover the McFarlane Prelim one way or another.
1:30 the attorneys are back, the jury is supposed to be back at 1:45pm, because one juror has a phone interview for a job promotion. The Judge wanted attorneys back at 1:30 because that they ended the morning with objections. Marlissa Ferriera doesn’t show up until 1:45pm, thinking that was when court was supposed to start, forgetting about the objections she made just before lunch.
Percy Martinez continued arguing that Jim Cook examined CDR’s of the Cricket phone (Korey Kauffman’s phone) on 3/31/2012, and now the DA is objecting to them going into some of these things. He’s stating that the DA opened up this area on direct, that Jim Cook reviewed the records and had a piece of evidence (C-N was the evidence number) and talking about some of the “dark periods” of many of the devices. Percy Martinez is saying in the preliminary hearing and in the past Jim Cook, even wrote on the paperwork “the device was turned off” and has said the device “was turned off”. But then Jim Cook testified he didn’t have room on the whole side of the page, that he blackened ito ut, but wrote the device was turned off, that he didn’t have room to write “or not connected to the network”
Then Percy Martinez went into the Korey Kauffman overlays of calls from Eula Keys and the DA has referred to the phone being “dark”. Before they used the term “turned off”. Percy Martinez says they are going over the same information that they want to go into, that the DA brought in in her redirect.
Hans Hjertonsson asking about texts on 8/16/12, said the DA did talk about that particular exhibit and records (he’s talking about the transcript from the prelim). Judge Zunia was showing Percy Martinez the transcript and where they were talking about whether the devices were dark or turned off. Percy Martinez says the DA did elicit testimony about whether they were dark or off. He says ” that’s what it says”. On 3/31/12 there are 3 calls from Eula Keys to Korey Kauffman’s phone and Jim Cook decides that the device is off. Now he’s saying the device is dark. Judge Zuniga says it sounded like Percy Martinez was asking about Eula Keys records, but they are actually talking about the Korey Kauffman device. The DA says they didn’t go into Eula Keys calls (Actually they did). Judge Zuniga says questions by Percy Martinez was in regards to Korey Kauffman being called by Eula Keys. Judge Zuniga says it will be allowed.
Jai Gohel says the DA opened the door with her comment that 6 attorneys cross-examined Jim Cook in the preliminary hearing. He says that needs to be clarified, because it sounds like 3 defendants had 6 attorneys and they need to give clarity to the Jury. JZ says again you are trying to talk about some the defendants that were discharged in the preliminary hearing and that won’t be allowed. Preliminary Hearing ruling stands – cannot refer to what they claimed in the preliminary hearing.
2:03pm Jury called up. While waiting for the Jury, Judge Zuniga asked Marlissa Ferreria what the status of the Carmen Sabatino situation is. Marlissa Ferreira said they have a possible solution and it will be worked out soon. It is scheduled to be heard this Friday. So it may be resolved. This intimate relationship that Gene Forte and Carmen Sabatino have with the DA’s office now, it doesn’t surprise me there is s solution.
Percy Martinez starting cross examining Jim Cook and they were talking about when the device was off. Now he’s saying there is a possible alternative as the device is not connecting to the network. Jim Cook says at the time that C-N was prepared the calls to Korey Kauffman’s phone was from Eula Keys’s device (obviously, no one ran Eula Key’s device back then). They do not have call records of Eula Keys or Michael Cooley or any device related to these people. He was asked why he didn’t put up those calls. Jim Cook said it was not connected to the network, so they weren’t relevant to him, he started reading the transcript that PM provided him (It doesn’t seem like JC has a good memory, he has to look many things up. He writes things down and then looks them up) Jim Cook says in the Prelim he was looking at the totality and that the device was probably turned off. There were other calls associated with Eula Keys on 3/31/12, the next day there were some calls and each day up until 4/2/12 there were 8 calls associated with Eula Keys. He says no calls went through. The phone wasn’t answered, but the calls did go through when Eula Keys called and only Eula Keys. So at that time he decided the device had been turned off. On 4/2/12, from 1:56pm – 7:36pm Korey Kauffman’s phone had no connection and the device was off. Jim Cook didn’t have good recall on these, so PM went one-by-one on the calls. There were 17 -18 calls and during that time, 3/31/12 – 4/6/12, all those calls it was only one 5 times and all when Eula Keys called. The device was turned on, Eula Keys called, it connected, was not answered, then the device turned off. There were other calls around that time period that were not connected to the phone at all, so it was either off or not connected to the network. Again Percy Martinez was trying to mail Jim Cook down asking would it only connect when Eula Keys called? Jim Cook had to review records and then said yes. Asked why at the Prelim he determined the phone was purposely turned off.
The DA objected and was sustained. Hans Hjertonsson objected: the DA is objecting but she brought this into play with her direct examination of Jim Cook. The Judge will still not let them go into the areas.
Percy Martinez talked about 8 more events with Eula Keys, the device was turned off/on. Jim Cook was asked what he means by vicinity? Can he get an exact location? Jim Cook: vicinity means within the coverage of the cell site and sector. He cannot pinpoint exact location and needs more information. (Again historical records do not provide exact GPS location, you can get that information in real time, however.) PM had no more questions at that time.
Hans Hjertonsson started questioning Jim Cook in regards to Korey Kauffman’s device from 3/31/12 – 4/16/12, his testimony in the Prelim and now is different and has changed if the device is on/off. Jim Cook said he did that with the totality of the record and the times of the activity. In 2016 KK was turned off? Jim Cook said yes? Hans Hjertonsson: Only certain numbers connected? JC: Not enough information to say it was off, despite what he said in Prelim. Hans Hjertonsson: was asked about what he said in prelim that somebody purposely turned Korey Kauffman’s device off. Massive objections. The Jury was sent out at 2:46pm (Here we go again….)
Judge Zuniga says she looked at the Preliminary Hearing and there was an objection made, which she sustained and now says was wrong. It was an objection that Jesse Garcia made. The question was about the phone deliberately being turned on/off, but she was wrong when she made the ruling. It wasn’t clear to me what she was talking about. So she is not allowing the defense to do things now because she screwed up then.
The DA argued facts are not in evidence that any person who had the phone was turning it off (that what they said in the Prelim). There were 5 numbers that were calling when it was one (that’s not my recollection, but there was more than Eula Keys. I believe Kevin Pickett made contact and maybe Lori Freitas too).
Hans Hjertonsson was citing prelim transcript and they were both reading it. Apparently there was a little bit of difference between the transcript. He’s telling Judge Zuniga it’s ok to ask Jim Cook about it being on/off because only certain numbers were connecting to it. Jim Cook determined to was being turned off then and whoever had the phone had turned it on/off again. The DA has gone into whether the device was turned on or off and it impeaches Jim Cook conclusively based on his preliminary hearing testimony.
DA: the defense is changing their argument now, no foundation, improper impeachment. The C-N document is being offered by defense not here. She never asked who was turning it off. They are the only ones that went into the boxes of the C-N documents. Facts are speculative because there are 5 different people calling and making connections.
Hans Hjertonsson: the DA brought this up during the Preliminary hearing Jim Cook is now saying not connected to the network and he wants to go into this area. Now he’s saying the phone is on, just not connected. Also Jim Cook was lying during some of his testimony and concluded the phone was purposely turned on or off. One way or another, if you take his preliminary hearing testimony or take his testimony now, he’s lying in one of them. He didn’t know at the preliminary hearing that it was Eula Key’s number. The DA talks about it in some of the slides that she put in at the trial. Also, Jim Cook and the DA are trying to put the phone in Baljit Athwal, Daljit Athwal and Walter Well’s hands and this is a gross misstatement. (Remember, this is a major reason why Walter Wells was held to answer at the preliminary hearing and she can reverse that ruling right now. I bet she doesn’t do it.)
The DA argued the entire time she was objecting, it was Korey Kauffman’s cell site, it was way outside of direct. The evidence was not prepared by the DA and can’t be used for impeachment. Objection: it is outside of direct. Judge Zuniga ruled in favor of the DA. The defense will be limited in some of the calls Eula Keys made.
Took a break.
3:35pm – Hans Hjertonsson: Asking about Christine Deflippo’s device oscillating between sectors. There are 58 events of oscillation in 4 years (2011-2014). How many days was that? Jim Cook: Has no idea and doesn’t want to speculate. Hans says approximately 1,460 days. Jim Cook: I wouldn’t want to speculate. Hans Hjertonsson picked a few days out of the period that Jim Cook was referring to and asked him, Is the property in the overlap area? Jim Cook: Needs more information and can’t answer the question. They are talking about SE Turlock Tower and the SE sector of that tower, which includes 838th 9th St. He finally said yes to that.
Asked about evidence #368, the Google Earth map he prepared last weekend, does he know all the tools associated with Google Earth Maps that give distances? Jim Cook: says he is familiar, but doesn’t use it. Hans Hjertonsson: Asked if he was familiar with the tools you can use to measure cell tower sectors, it can measure a 360 degree circle and pie chart. Jim Cook prefers to use a protractor and eyeball it.
We were done for the day at this point.
Someone has graciously chosen to donate these transcriptions for me and you, but cannot do it everyday. Still looking for someone else to help out if they can.