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Good Evening Everybody! This Marty from Dawg’s Blog. We had a very short afternoon. There was a juror returning from lunch, he goes out and walks out to lunch. He does it everyday. We’ve all seen him. This juror got attacked by a dog when he was headed back to the courthouse. Apparently there was some confusion about what was going on with the juror. He called the court and let them know what had happened. Eventually, after some time he made his way back to the courtroom after he had gotten cleaned up and said he’d go to Ready Care Urgent Care tonight after he gets out of court. Judge Zuniga says, No you are going now. He did receive a bite from a German Shepherd. It broke skin and drew blood. The juror will advise in the morning if he will be in court. I don’t think it will be a problem, but you can’t be 100% for sure. We will know in the morning if we have court tomorrow. In the afternoon at 3:00 pm the bail hearing, O. R. hearing is scheduled. The jury was called up and released.
Also of note Tom Jensen wasn’t in court today. He lost a family member, his dog Maggie May. He’s had his dog for over 17 years. Long time to have a Dog and I’ve seen that dog several times. She was a good dog. She had severe issues and they had to put her down. I’m sorry to hear that Tom! He’s devastated, it’s like losing a family member. So think about Tom tonight.
I decided to go ahead and have a Podcast because of what happened this morning. I think it is really interesting and valuable what did happen this morning. If you listened to the noontime report, you know what I’m talking about. There was a very strange occurance, I’m not sure what people are thinking to be perfectly honest.
After Court was over on Tuesday afternoon, Jim Cook went up to Marlisa Ferreira office and they attempted to pull up Google Maps/Google Earth and download the software program. They couldn’t get it to work, she said they even had an IT person involved. Some offices have filters that will let you do some things and not do other things. It is safety precaution.
So Jim Cook left, he went home, got on his computer at home, he got on Google mapping and used the tools on Google Maps. On Google Maps, you can enter a location (like a cell phone tower) and Google Maps will diagram out the tower, using GPS coordinates) and he got a map with an overlay and points of interest for the Frank Carson property. Remember we had all this discussion about the vacillation of signals on the Frank Carson property. He kept saying the Frank Carson property is on the SE Turlock Cell Tower in the SE sector. (For a Cell phone tower there are typically 3 sectors, that are 120 degrees each with some variances). This has been the conversation we’ve been having the last few days out of the 11 days that Jim Cook has been on the stand.
So this mapping that Jim Cook did with Google Maps showed Frank Carson property was not in that SE sector.
What does that mean? First, his mapping is wrong because Jim Cook doesn’t use Google Earth Mapping Tools. He doesn’t get specific mapping done to scale. He uses a protractor and he eyeballs it.
The mapping he did Tuesday night shows Frank Carson property was 3 degrees outside of the overlap.
Remember the cell tower sectors overlap by 10-15 degrees on each side. The mapping Jim Cook did with his eyeballs and a protractor sometimes showed Frank Carson’s property inside the overlap, sometimes outside the overlap, sometimes straddling the overlap. It was not consistent. This is why the attorneys were questioning everything Jim Cook had been saying during the course of his testimony. He doesn’t use any scientific equipment, he uses an antiquated way of doing it. 3 degrees makes a big difference between where the phone was and where they are saying it could have been. The Frank Carson property mapping makes a big difference on the vacillation that they spent days talking about and some of the information about the theory night of the alleged homicide.
The other issue here, that I think is really interesting, when they said he did this mapping on 8/21/18, I thought he was giving the wrong day. I was thinking he did it last night (Wednesday night), but he did it and emailed it to Marlisa Ferreira Tuesday night. They were both aware of it Tuesday night. He did the Google mapping Tuesday night. Yesterday during cross examination he was asked many times by Jai Gohel and Hans Hjertonsson if he’s ever used Google mapping to do some comparisons. Jim Cook said I’ve never used it, I’ve never done it; I use a protractor and eyeball it. I don’t see how a protractor and eyeballing it can be accurate compared to using GPS and satellite views. Both the DA and Jim Cook were aware of this mapping Tuesday night. They even had Jim Cook pull out his cell phone on the stand and ask him when he sent the email and see when he sent it to Marlisa Ferreira, it was 7:58 pm on Tuesday night. He was asked what he put in the email. He said “Here ya go” in the text part of the email. I don’t know if there was a conversation, he said there were no more emails exchanged at that time or if a phone call was involved, I don’t know. Again, both the DA and Jim Cook knew about the mapping on Wednesday when he was asked if he ever used Google Maps or Google Earth for comparisons. Today when he was asked why he used Google Earth, he said he was curious, but yesterday he never admitted doing it. I kind of get the feeling (WDIKIAD) He didn’t expect Marlisa Ferreira to turn it over to defense – that’s my guess. The first mistake he made was by using Google Earth/Maps the second mistake was not admitting he did that when he was asked directly yesterday. Marlisa Ferreira was also aware and didn’t say anything yesterday. She handed out discovery this morning.
Jai Gohel told me he told the court in a sidebar that Mr. Cook may need to talk to a lawyer because they asked him directly and he said he didn’t do any Google Maps mapping. He may have committed perjury. It is very Big.
What does this mean for the rest of the defendants? He’s already been impeached in many ways, Judge Zuniga said the other day that he’s been impeached. When the Jury thought Jim Cook was done testifying there was actually a sigh of relief from the Jury Box and to whole room.
That really goes heavy on Jim Cook credibility which was already put in question. What about the rest of the mapping he did in this case? All the mapping where he tried to put Frank Carson, Baljit Athwal, Daljit Athwal and others in that sector that night (even though there were no calls) all the credibility is gone.
Jai Gohel made a good point. He asked Jim Cook, So Frank Carson property is 3 degrees outside the overlap, the guesstimation on the overlaps is 10-15 degrees, does that mean if the overlap is 10 degrees then the Frank Carson property is 8 degrees off. Jim Cook said yeah it could. Jai Gohel: in previous testimony where they discussed another 2011 case that Jim Cook had testified overlaps were 5-10 degrees, based on those figures, it could be 13 degrees off? They don’t know exactly. Jim Cook doesn’t know because he didn’t do any signal propagation. He doesn’t have any type of proprietary information. He doesn’t know the site was down for maintenance or overloaded. He didn’t know anything specific. Remember the theory night is a Friday night.
What does it do to all the mapping he’s done and the $400,000 of taxpayer money that has been paid to him to do this type of work? If a man is going to get paid $400,000 you would expect some expert work to be done. He came onto this case at the end of 2014/beginning of 2015. $400,000 in 3-3.5 years. It’s not too bad for someone who made many mistakes and proved himself wrong.
I don’t think he was expecting the DA to turn it over. If she hadn’t turned it over, she would have been looking at some serious issues. There is a new law as of last year that makes it a felony for a prosecutor not to turn over exculpatory information.
Walter Wells! The judge struggled with holding Walter Wells. They day she made the ruling she was struggling badly to make a decision. In my mind that said that is enough to not hold him (the way she was struggling to make a decision). What she is said though is she found Jim Cook credible and held him on the cell phone evidence. She based her ruling on Jim Cook’s testimony. Now we see what the cell phone evidence is worth? Now what? The proper thing that should be done, in my humble opinion, she should reverse her ruling with regard to Walter Wells. What was done to him, what they’ve claimed and obvious lack of accuracy in this evidence the ethical thing would be to release Walter Wells. I don’t expect that because she’d have to admit she was wrong.
This could also apply to Scott McFarlane, even though they are saying other things too. They are saying he was trying to obstruct justice because he called law enforcement. They did not call him back for 2 years and when they did eventually call him back he had some memory lapses.
Next week just one day of Court on Tuesday they will be doing some motions.
FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
BY WILLIAM THOMAS JENSEN (TOM)
Week 18, Day 66 (Idiot In The Room)
We start out at 9:40AM because one of the jurors was late. Prosecuting DA Marlisa Ferreira calls Mike Dennis Maunakea to the stand. There is something really strange about this man. Maunakea starts answering questions from Marlisa Ferreira. He states that he knew Korey Kauffman for a period of 3-4 years beginning in 2008. He states that he lived on Kenwood Street in Turlock. Maunakea testifies that Korey Kauffman had come over to his house many times. Marlisa Ferreira did not ask him, but I know that Maunakea was Korey Kauffman’s drug dealer. Mike Maunakea looks to be fried by the use of drugs. He was having a birthday party for his daughter on September 10, 2011, when he heard a loud knock at his front door. He said he heard seven knocks. When he answered the door, Korey Kauffman came running into the house, and stood in the living room for 3-5 minutes. He starts fake crying on the stand as his testimony continues. He states that Korey Kauffman was wearing jean shorts only, and was bleeding from the head, knees, and his arms. Korey Kauffman told Maunakea that he had escaped from being locked inside the trunk of a dark colored car with tinted windows at the corner of Canal and Olive in Turlock. He described the car as being a dark colored Acura or Honda with tinted windows. Korey Kauffman told Maunakea that two brothers were trying to kill him. Maunakea says Korey Kauffman seemed to be irrational, and scared. He states that Korey Kauffman had come over to his house at least 2-3 times a week. He fake cries once again. Mike Maunakea, at that point, testifies that he looked out his front window, and saw a black car driving by with tinted windows. Maunakea now states that Korey Kauffman told him that: “They know where I am at, and where you live.” Maunakea states that Korey Kauffman went to the bedroom of his house. More crying from the stand. He states that Korey Kauffman was crying in the bedroom. Maunakea states that Korey Kauffman told him that the Pop N Cork brothers beat him up, and told him they were going to kill him, and that his wife Linda was present when Korey Kauffman said this. He states that they talked in the bedroom for around 10 minutes. Mike Maunakea now starts saying that Korey Kauffman tells him not to call the police. Marlisa Ferreira asks for, and immediately receives a side bar. This one takes an eternity. The jury is sent out of the courtroom.
Judge Zuniga tells Mike Maunakea that she needs him to just answer the question being asked, and to not add any additional information with his answer. She now tells Mike Maunakea to step down from the stand and leave the courtroom. We are now going to get into a lengthy legal argument about what Judge Zuniga will allow Mike Maunakea to testify to. The problem is that everything he is about to testify to is hearsay, and the defense will not be able to cross examine Korey Kauffman on the statements because he is now dead. There is only one exception to this rule, and the arguments from Marlisa Ferreira and the defense attorneys center on this exception.
Judge Zuniga starts out by citing case law that she has researched on this subject. She cites the People vs Brown, People vs Gonzalez, Justice Simon’s book, the People vs Pearch, and the People vs Morrison. Judge Zuniga states that she is going to go into her chambers and review the details of this case law. She is in her chambers forever.
It is now 11:00AM, and Judge Zuniga has returned to the courtroom. She tells Marlisa Ferreira that the burden is on her to prove that the testimony that she wants from Maunakea can be said on the stand in front of the jury. Marlisa states that the statements made by Maunakea were said in his residence, and were spontaneous. Marlisa Ferreira tells Judge Zuniga that the judge had only precluded one statement during the 402 hearing that was previously done concerning Mr. Maunakea’s testimony.
Judge Zuniga states that when she looked at the case law, they all centered on the testimony concerning an event. Marlisa Ferreira states that she wants to get in Maunakea’s statements concerning why he was told by Korey Kauffman not to call the police. Marlisa Ferreira tells Judge Zuniga that she does not know what she can trust Manuakea to say and to not say during his answers to her questions. Judge Zuniga says something about how these statements were not in Maunakea’s testimony during the 402 hearing. Marlisa Ferreira states that Mike Maunakea is describing the perpetrators and the reasons why he was told to not call the police. Judge Zuniga states that the central issue is whether or not Maunakea is describing an event.
Defense attorney Percy Martinez states that the person must describe an incident, and have no time to reflect and think about what is going on. Percy Martinez states that Mike Maunakea’s statements were made after reflection. Judge Zuniga states that the cases focus on the mental state of the speaker. She states that based on what was said in the 402 hearing, and Korey Kauffman’s injuries, that the evidence is in fact relevant. She states that Korey Kauffman was scared for his life. Judge Zuniga states that Mike Maunakea is precluded from saying that Frank Carson has friends in the police department as being a reason why Korey Kauffman did not want the police to be called.
It is now 11:40AM, and Mike Maunakea is brought back to the stand in the presence of the jury. Marlisa Ferreira very carefully asks Mike Maunakea some questions. Maunakea tells Marlisa that Korey Kauffman was scared for his life. Now he starts talking about how the person had many friends in the police department. I thought the judge had just said that he could not go into this. Mike Maunakea states that Korey Kauffman was frightened and had told him that Frank Carson had wanted Korey Kauffman to be killed. Mike Maunakea states that Korey Kauffman was at their house for around 30 minutes, and eventually went to the bathroom to clean up. Maunakea states that he followed him to the bathroom with a bucket of water and a dish towel. Maunakea says Korey Kauffman had blood on his face, had bruising over one eye, had his lip busted, and had a scrape on his chin. Maunakea says Korey Kauffman said the Pop N Cork brothers had him locked in the trunk of their car when he was able to escape from the trunk. Korey Kauffman told Maunakea that the Pop N Cork brothers chased him through the neighborhood, and he had to jump over three fences to get away from them and get to Maunakea’s house.
Mike Maunakea, after being refreshed, states that Korey Kauffman told him that Frank Carson had told the Pop N Cork brothers to beat him up, kill him, and go somewhere to dispose of the body. Mike Maunakea states that all of this happened in the late afternoon or early evening. He states that it was not dark when this happened. Marlisa Ferreira has no further questions at this time.
Percy Martinez takes over on cross examination. We only have a few minutes left before our lunchtime break. Percy starts asking Maunakea about the date that this allegedly occurred. Maunakea could not specifically say that it was on September 10, 2011. Percy reminds Maunakea that he had said it was on his daughter’s birthday when they were having a party. Maunakea agrees it was on September 10, 2011. Percy Martinez asks Maunakea if he called the police. Maunakea: “No.” Maunakea testifies that he saw Korey Kauffman at least 2-3 times a week since around March of 2009. Maunakea states that he spoke to Kirk Bunch on 06/21/2017. Percy Martinez asks Maunakea why he had not spoken to the investigators earlier. Manuakea states that he had been on probation, and had been threatened by several Turlock Police Department Officers to not say anything. Percy Martinez asks Maunakea who on the Turlock Police Department told him to not to say anything. Maunakea states: “Conan, and Officer Jason Watson.” Percy asks Maunakea if “Conan” was an officer named Baucham. Maunakea says: “Yes.” Percy: “Did these officers threaten you?” Maunakea: “Yes.” Percy asks Maunakea if these two officers had raided his house and taken items including a tape recorder. Maunakea: “Yes.” Apparently, there was a tape recording on this tape recorder that was taken. Maunakea states that he was the one who had offered the tape recorder to Korey Kauffman. We are now out of time. Please listen to Marty Carlson’s Podcast tonight to hear what happens in the afternoon session. We are supposed to finish the Bail Hearing concerning Frank Carson and the Athwal Brothers at 3:00PM. I will be shocked if Judge Zuniga revokes their release from jail, but I will not put anything past this judge.
Sincerely: William Thomas Jensen (Tom)
HERE IS THE MORNING REPORT
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