FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

08/22/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

Week 18, Day 64 (Cook Caught In Mistakes)

We start out at 9:21AM this morning with the continuing cross examination of Jim Cook by defense attorney Hans Hjertonsson. Hans starts asking Jim Cook about a call on 02/06/2011. He was asking about a very short call that Jim Cook had said lasted only 5 seconds. Hans starts talking about seizure time, which is the amount of time it takes to actually make a connection with a cell phone. It is determined that the seizure time is 27 seconds. Hans adds five seconds to this amount of time which equals 32 seconds. Cook had to admit that it took 32 seconds for the call to vacillate between the South-East sector and the South-West sector on the South-East Turlock cell phone tower site. I think he was trying to show that the phone could have been moving, instead of staying at the same location. Jim Cook had testified that the cell phone of Christina DeFelippo had vacillated between those same two sectors on the South-East Turlock cell phone tower. Hans gets Cook to admit that Baljit Athwal’s cell phone during the time period of 03/30/2012 and 03/31/2012 did not ever connect connect to the South-East Turlock cell phone tower on the South-West sector.

Hans Hjertonsson now starts asking Jim Cook about his testimony that the cell phone devices associated with Baljit Athwal, Daljit Atwal, Walter Wells, and Frank Carson had gone dark during certain periods of time. Hans reminds Cook that he had testified that “Dark” meant that the device was either turned off, or the device did not connect to the network. Hans gets Jim Cook to admit that he made a mistake when Marlisa Ferreira had asked him a question concerning a call made on 04/09/2012. Cook had testified that the cell phone was dark for 12 ½ hours when the cell phone data records clearly showed that the cell phone was only dark for 1 ½ hours. Hans catches Jim Cook in another “Mistake” when he testified that on 04/13/12 the cell phone associated with Daljit Atwal was dark when a text message was actually made from that device. It is clear that Hans Hjertonsson is trying to show the jury that Jim Cook’s testimony can’t be trusted.

Hans Hjertonsson now asks Jim Cook about a trial he did in 2011. I believe Hans called it the Dunkirk trial. In that trial, Jim Cook said that the overlap was 5-10 degrees rather than the 10-15 degrees that he now claims in his testimony. Hans asks Jim Cook when the overlap degrees changed. Jim Cook gets testy, and will not answer the question, even after being able to read his testimony. Judge Zuniga presses Jim Cook for an answer to the question. Jim Cook tells the judge he can’t answer the question as posed. Everybody in the courtroom is getting upset with Jim Cook at this point. Hans asks Jim Cook what other information he needs in order to answer the question. Marlisa Ferreira is making frequent “Speaking Objections” at this time. Judge Zuniga: “Stop making speaking objections.” She starts making more speaking objections. Judge Zuniga: “Excuse Me.” The judge sends the jury out of the courtroom. Judge Zuniga tells Jim Cook that he needs to give a time frame when the degrees of overlap changed. Jim Cook: “I don’t have a specific date.” Judge Zuniga: “There has to be a time frame when it changed.” Jim Cook: “It changed sometime between 2011 and 2012.”

It is now 9:43AM, and the jury is brought back into the courtroom. As the jury walks back in, it is obvious to me that Marlisa Ferreira is once again having trouble smiling. Hans Hjertonsson immediately asks Jim Cook when the degrees of overlap changed between 2011 and 2018. Jim Cook states that the overlap changed between 2011 and 2012. It would have been so much easier if he had just said this in the first place. Hans asks Jim Cook if prior to 2011 the overlap was always between 5 degrees and 10 degrees. Jim Cook states that he can’t answer the question as posed. He is asked this question in several different ways, and each time refuses to answer the question as posed. Hans Hjertonsson now shows Jim Cook how he had previously testified that between 1995 and 2006 the overlap was between 10-15 degrees. Hans shows Jim Cook the transcripts concerning this. Jim Cook had to admit on the stand that he had testified to that earlier in his testimony. Once again, Jim Cook’s testimony is impeached in front of the jury. We now have another side bar. After the side bar, Hans once again presses Jim Cook on the subject. Hans shows Jim Cook how he had testified on 05/11/2018 that between 1995-2006 the degrees of overlap were 10-15 degrees. He has to admit on the stand that he had said that. Jim Cook makes some sort of a comment that the overlap can vary between the carriers. Hans asks Jim Cook what carriers he is speaking about. Jim Cook lists Metro PCS, Voice Stream, Mountain Cellular, and Golden State Cellular. Hans: “Did AT&T change between 2011-2012?” Jim Cook: “I can’t answer that question as posed.” After being pressed by Hans on this question, Jim Cook finally says: “No Sir.” Hans Hjertonsson: “So AT&T has always been 10-15 degrees?” Jim Cook: “I can’t answer that question as posed.” Jim Cook says something about the overlap varying based on the cell site. Hans Hjertonsson pulls up a slide where Jim Cook listed the overlap as being 10-15 degrees. Hans has no further questions.

Jai Gohel takes over on cross examination of Jim Cook. He starts asking Jim Cook questions concerning how Cook had testified that the cell phone devices associated with Georgia DeFelippo and Christina DeFelippo were vacillating between cell phone towers and sectors. Jai points out to Jim Cook that he does not know if the devices were staying at the same location at Fleetwood Drive in Modesto or moving down McHenry Ave. Cook has to admit that the devices could have been moving. Jai Gohel starts talking about 58 different days where Jim Cook had testified that the devices were vacillating between cell phone towers and sectors. Jai Gohel shows Jim Cook that there was basically no vacillation between the hours of 12:00AM and 8:00AM during any of these 58 days. Jai was trying to show that this was the time period where Georgia DeFelippo and Christina DeFelippo would have been home in bed, and not driving around.

Jai Gohel brings up a slide that shows an aerial view of the area near the Carson property in Turlock. Jai points out several different businesses in the area of the Carson property that could have been frequented by Georgia DeFelippo and Christina DeFelippo. Jai Points out the Carson property, and how Cook has testified that it is within the overlap area, and points out the Cooley house where Cook has testified that it is outside of the overlap area. We now take our morning break.

After the break, Jai Gohel brings up the Google Map once again that shows the aerial view of the area near the Carson property. He once again speaks about how Cook had testified that the Carson property is within the overlap, and the Cooley house is outside of the overlap. Jai Gohel states that there must be a line somewhere between the two properties where the overlap changes. He asks Jim Cook where the overlap changes between the two properties. Jim Cook refused to answer the question as posed. He is really losing the jury every time he gives this answer. Jai Gohel gives a hypothetical where Christina DeFelippo is home, then goes to the nearby Pizza Hut, and stays for 15 minutes. Jai Gohel asks Jim Cook if the cell phone connection would change from the South-East sector to the South-West sector, and then change back to the South-East sector. Jim Cook refuses to answer the question as posed. Jai Gohel is making a very powerful point. Jim Cook can’t tell if the devices are moving, or if they are vacillating in the same location.

Jai Gohel now goes through around eight different slides where cell phones associated with Daljit Atwal and Baljit Athwal did not connect to either the South-East or South-West sectors of the South-East Turlock cell phone tower. Jai Gohel then asks Jim Cook: “Therefore none of these show any vacillation?” Jim Cook: “Correct.”

Jai Gohel now asks Jim Cook about the Bradley Duenkerken case. He gets Jim Cook to admit that Mr. Duenkerken’s cell phone device was an AT&T device. Jai Gohel has Jim Cook review some transcripts from the case. Jai Gohel shows Jim Cook how he had testified in 05/13/2011 that the overlap was 5-10 degrees. Jai now reminds Jim Cook how he had just testified that the overlap changed to 10-15 degrees between 2011 and 2012. Jai Gohel: “When did it change?” We have another side bar. Jai Gohel asks Jim Cook to narrow down the time period when it changed. It is now time for our lunchtime break. I will be back tomorrow morning to report on what I see and hear. Sincerely; William Thomas Jensen (Tom)

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