FRANK CARSON ET AL 9-11-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

09/11/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

I have a prediction. Detective Navarro will one day work for the Stanislaus County DA’s Office. This morning, Detective Navarro was exposed as being a snitch on his co-workers at the Turlock Police Department. One of the co-workers he snitched on outranks him. Snitches are an integral part of the Stanislaus County DA’s Office. It is a marriage made in Heaven. I am flabbergasted why Detective Navarro is still on the witness stand. What I witnessed this morning was totally irrelevant to the outcome of this case. I think we are in the stage of Marlisa Ferreira’s case in chief where she is adding irrelevant witnesses to lengthen out the proceedings. We have an election coming up in November where her boss is trying to get elected to another term as District Attorney. It seems to me that Birgit Fladager has put the word out that this case must not conclude before election-day. I think Ms. Fladager knows what type of verdict to expect from Marlisa Ferreira’s failing case. It will be much better for Birgit Fladager if the shit hits the fan after she is assured of another term in office. Defense attorney Jai Gohel continually made objections this morning about the questions being an undue waste of time. I agree wholeheartedly with him. I wish Judge Zuniga also agreed, but she is making the big bucks, and has the final word.

We start out at 9:28AM with the jury present and Detective Navarro once again on the stand. Marlisa Ferreira starts asking Navarro about his work examining the telephone contacts between Officer Baucum of the Turlock Police Department and the Athwal brothers. He testifies that two of these calls were captured in wire-taps. Marlisa Ferreira shows Navarro two CD’s. They are labeled People’s 373 and People’s 374. The two CD’s contain the wire tapped calls between the Athwal brothers and Officer Baucum. Marlisa Ferreira is desperately trying to show that a relationship exists between Officer Baucum and the Athwal brothers. The previous witness Mike Maunakea had just testified that Officer Baucum, who he called “Conan”, had threatened him and made his heart stop. There were some other crazy things that Mr. Maunakea had said on the stand, and Marlisa Ferreira is trying to put lipstick on a pig. Marlisa Ferreira finally gets around to playing both of these CD’s, and there is absolutely nothing on them of any interest to the jury.

Detective Navarro is now asked by Marlisa Ferreira if the Turlock Police Department has a policy that forbids the private use of the departmental data base for personal use. She is trying to show that Officer Baucum had violated this policy when he ran the license plate number of the black Chrysler 300 that was being driven mostly by DA Investigator Kirk Bunch. Detective Navarro: “Yes.” Navarro is now asked about his analysis of the cell phone data records that had originally been provided by Jim Cook in this case. He testifies that he found 16 calls between Baljit Athwal and Officer Jesse Baucum between 8/12/11 and 1/01/2012. Navarro found 8 calls between Scott McFarlane and Officer Baucum during the same time period. Navarro found one call between Sandy Villalobos and Officer Baucum, and found 73 calls between Daljit Atwal and Officer Baucum.

Marlisa Ferreira asks Navarro if he had seen Officer Jesse Baucum wearing anything unusual. This was objected to, and we immediately have a side bar. Apparently, Marlisa did not win this argument. After the side bar, Marlisa Ferreira asks Detective Navarro if he owned the black Chrysler 300. Navarro: “No.” Marlisa: “Did you ride in one?” Navarro: “Yes.” Marlisa: “Who owned it?” We now have another side bar. After the side bar Marlisa asks: “Who owned it?” Navarro: “Kirk Bunch.” No further questions.

Defense attorney Hans Hjertonsson takes over asking the questions. Hans asks Navarro what training he has had in analyzing cell phone data records. Navarro tries to explain how he has worked with cell phone data records on some cases that he has been assigned to. Hans: “Have you ever testified as an expert in a case?” Navarro: “No.” Hans gets Navarro to state that the time frame he analyzed for Daljit Atwal was between January 11, 2011 and August 20, 2013. Hans then asks about the one call to Sandy Villalobos. Hans asks about the time frame for that call, and I did not hear an answer to that question. Navarro is asked if he double checked his work on the cell phone data records. Navarro: “No.” Hans takes his laptop computer to the witness stand to show Navarro. We have an objection, and another side bar.

After the side bar, Marlisa Ferreira is once again asking Navarro the questions. Marlisa Ferreira: “When you prepared People’s 379, what did you use?” Navarro: “I looked at a flash drive that Jim Cook brought over.” Navarro: “I looked at the cell phone data records and put them on Excell.”

Hans Hjertonsson now resumes asking Navarro the questions. Hans: “Was the flash drive the same as People’s 364?” Navarro: “No.” This threw the judge into a quandary. She has everyone take a break, so she can sort this issue out. The jury and Navarro are taken out of the courtroom. Hans Hjertonsson tells Judge Zuniga that Mr. Cook has massaged the CDR’s, and there is information on the flash drive that is not contained in the cell phone data records. There is much argument concerning this statement Everyone now takes the morning break.

After the break, defense attorney Jai Gohel takes over asking the questions. Jai asks questions concerning Officer Jesse Baucum, and Officer Jason Watson of the Turlock Police Department. It is brought out that Officer Jesse Baucum had worked with the SWAT team, and was a field training officer. Jai Gohel presses Navarro about his statement that Officer Baucum violated policy when he ran the license plate number for Daljit Atwal. Navarro was unable to state for Jai Gohel how Officer Baucum violated the policy. Jai gets Navarro to admit that an officer would have to enter his identification number before he could run a license plate number.

Jai Gohel gets Navarro to admit that Officer Baucum was promoted to Sargent in January of 2015. Defense attorney Percy Martinez asks Navarro who he was talking to last week in the hallway when Mike Maunakea was testifying. Navarro: “DA Investigator Steve Jacobson.” Navarro states that he met Mike Maunakea 4 years ago when he was involved in an investigation of Vegas Maunakea and went to a house on North Olive St. in Turlock. He states that he talked to Mike Maunakea for a period of around 5 minutes. We have another side bar.

After the side bar, Percy Martinez asks Navarro what his relationship is with a person named Ausumbachum. Navarro states that this person is a Sargent at the Turlock Police Department. Navarro states that he did not investigate Officer Baucum. Percy gets Navarro deny that he had intimidated Mike Maunakea in 2011. Maunakea had testified that Navarro had intimidated him in 2011. Navarro also denied that he witnessed a beating of Maunakea in 2011. Mike Maunakea had testified that Navarro withessed this alleged beating. Percy has no further questions at this time.

Marlisa Ferreira takes over asking the questions. She gets Navarro to state that he never participated in a drug unit search at Mike Maunakea’s house. Navarro states that he does not remember participating in any searches of the Maunakea house. Navarro states that he ran into Mike Maunakea when he was looking for Vegas Maunakea at a house on North Olive Ave in Turlock.

Marlisa Ferreira tries to ask Navarro a question about the Turlock Police Department having a policy against having friendships with civilians. This immediately gets objected to, and we have another side bar.

After the side bar, Marlisa asks Navarro if he discussed his investigation with Officer Jesse Baucum. Navarro: “No.” Marlisa now asks Navarro if he would run a license plate number for a concerned citizen. Navarro states that he would do it a different way.

Marlisa now starts asking Navarro about an officer named Dominic Hernandez. She asks Navarro if in 2011 to 2012 Officer Hernandez ever assisted the drug unit at Mike Maunakea’s house. This was objected to, and the objection was sustained. We have another side bar.

After the side bar, Marlisa Ferreira asks Navarro what is the Cage Unit. Navarro states that the Cage Unit is a specialized unit that deals with gangs. Navarro testifies that the Cage Unit assisted the drug unit in 2011 and 2012. Navarro testifies that Officer Dominic Hernandez was a member of the Cage Unit. Navarro testifies that he is not aware if the Cage Unit assisted with the drug unit at Mike Maunakea’s house. Detective Navarro testifies that he reported Officer Jesse Baucum to the Turlock Chief of Police, Rob Jackson, for running the license plate for Daljit Atwal.

Defense attorney Jai Gohel takes over asking the questions. Jai Gohel asks Detective Navarro if Officer Baucum was promoted to Sargent. Navarro says: “Yes.” Jai Gohel: “Sargent Baucum outranks you.” This statement drew a loud objection from Marlisa Ferreir, and the objection was sustained. Jai Gohel has no further questions at this time.

At this time, Marlisa Ferreira re-opens her direct examination of Detective Navarro. Marlisa Ferreira: “Was Dominic Hernandez intercepted on a wiretap of the Athwals?” Navarro: “Yes.”

Jai Gohel asks Navarro: “Did you report Dominic Hernandez to the Chief of Police?” Navarro: “Yes.” Jai Gohel: “Is Dominic Hernandez still employed by the Turlock Police Department?” Navarro: “Yes.”

It is now almost time for lunch. The jury is sent out of the courtroom. Detective Navarro is sent out of the courtroom. Marlisa Ferreira, just before the jury was sent out, had made a comment about Rob Jackson not being the Chief of Police anymore in Turlock. Judge Zuniga states: “There is no good basis for Marlisa Ferreira asking the question concerning Rob Jackson not being the Chief of Police anymore. It is now time for everyone to leave for lunch. I will be there tomorrow morning to report on what I see and hear.

Sincerely;

William Thomas Jensen (Tom)

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