Good evening everybody this Marty from Dawgs Blog. Tonight’s podcast on September 11, 2018, a day of infamy. Remember our troops and the people lost during that day. Noontime report, if you listened, we had Frank Navarro on the stand talking about the wiretaps. Tom’s report is up. I’ve gotten a transcription of the noontime report up, this is something new that i’m trying. I’m transcribing while I’m podcasting, I’m a multifunctional guy. So, I’m running two computers at the same time doing two different things.
The afternoon session started about 1:30 pm. Hans Hjertonsson had a CD of the information that Frank Navarro looked at (Remember he made that report on the Excel program) he got the information from Jim Cook. I don’t know why they didn’t have Jim Cook do this, but then again maybe I do. He was not able to get the file they were looking for. He couldn’t find it. He said it took him 3 hours last week when he did the report. He had to call and get CC to walk him through how to do it. So there was confusion there.
In the meantime, they were looking at some pictures, the color photos of the cell phone that Maunakea said was his recorder. The picture the defense had, there were 4 pictures on one page. Percy Martinez said his pictures were different than the DA’s office had, the pictures were re-arranged. Come to find out the defense had actually done that, they had copied those pictures. So they will have to redo, so it is identical. Apparently there was marijuana in those pictures and the DA objected. Judge Zuniga said he was a drug dealer and they were there for drugs, It is was it is. They talked about the tape recorder and his identification. They were just killing time while Frank Navarro was trying to find the file.
They argued a little about the identification that Mike Maunakea made of that recorder, when he started crying and getting emotional. That is exactly how pm argued it. Judge Zuniga agreed, she said he didn’t recognize anything in the those pictures until the DA drew his attention to that one particular picture, she said “look at the picture on the bottom, left hand corner” and that was when he got excited and emotional about it.
About 2:00 pm the jury was called up. They had a long sidebar. The DA went into re-re-re-re-re-direct (I don’t know…like I said everyone wants the last word) and she wanted to talk about the different forms of discipline. There were objections to that and another sidebar. They reserved on the issue for now, there are other things they will need to bring up with him later. She asked him earlier if it is an issue for an officer to run a license plate for a friend. She asked about CLETS (California Law Enforcement Telecommunications System) use. It’s tied into the FBI, the DMV, missing person databases, wanted people database. It’s tied into many things. It is a clearinghouse for many things. Frank Navarro said that CLETS use for unauthorized use is technically a crime. It led to an objection. Every officer has to be certified every 2 years on the CLETS and they sign a document that personal use is not allowed . The room lit up with objections. No further questions by Marlissa Ferriera.
Hans Hjertonsson was re-crossing Frank Navarro. Again they are talking about the CLETS database. They run licenses, background checks, rap sheets, anything related to DMV. Patrol cars are run through CLETS. They can they run anything they see fit. Frank Navarro says not really. But yeah really they can. That’s what they do. They see a suspicious looking vehicle sitting at a stoplight with bugs all over the license plate. He’s not driving around at high speed in reverse killing bugs, so yeah they can run a license plate if they see fit.
They talked about Jesse Backman. He has been a big topic of conversation here. He is a Daljit Athwal connection. They reviewed the CDR’s from AT&T via Jim Cook. He is familiar with CDR’s, (Call Data Records) he’s dealt with them before. This report was different than anything he’s done before and he got a little confused. There was also some confusion on the CDR’s. They come with UTC time, it is also called General Mean Time. It is eight hours different from here, so they had to convert the time and keep account of Daylight savings time. He did not convert the times (this is something that I don’t think Frank Navarro is not familiar with, I wonder why they didn’t have Jim Cook do it). Hans Hjertonsson was questioning him on the CDR’s. He transferred them from one format to the Excel program to put them on the spreadsheet, so the information gets a little twisted, sideways, changed, etc. and sometimes the formatting isn’t the same. He ran it through the software they had at Turlock PD where he can check numbers for any known connection. So he was checking Daljit Athwal, Baljit Athwal, Sandy Villalobos, Scott McFarland through this software through whatever format he received it from the Cook’s.
Again they tried to open the CD on the computer on the stand and he said he recognized it. The information that he relied on for the information of calls. He looked at the files and said yes these look like the ones on the CD. He had some notes he was working with to open up the files and he let Hans Hjertonsson look at the notes. I think they were noted he received from Chris Cook, over the phone, instructions to walk him through it, to find that particular CDR that they are talking about. It took him about 3 hours last time and he ended up talking to Chris Cook. It was on a CD or flash drive, it was one an computer and he had gone to the DA’s office to access these files. He was still unable to find the file on this CD. Hans Hjertonsson got him to admit he’d never used this process to turn to an Excel Spreadsheet. He’s dealt with CDR’s before, but he’d never used this type of transforming the files in Excel.
Hans Hjertonsson asked about the 73 calls between Jesse Backman (I’m sorry I have the spelling about 10 different ways in my reports. I’d be happy if someone would clarify the spelling for me!) and Daljit Athwal. The DA drive had all the connections. He said there were 73 calls, but in reality there were 73 connections. Now there could be voice call, text message, SMS and MMS (I’m not sure of all the differences, it may be the same thing). He did clarify that it wasn’t necessarily 73 calls, but 73 contacts. He didn’t do a review of MMS contacts. They had him looking at the columns, because he said there was MMS, but there was 519mB on all of these calls. Remember there are thousands and thousands of calls he had to go through, but the software narrowed it down. Remember Jim Cook, there were 50,000 calls that he went through and narrowed it down to a few. There is a lot of data on these files. He asked about Sandy Villalobos call and he said, “well it looks like it was a Star-67” (a call back). Hans Hjertonsson: how do you know. Frank Navarro: Well, there is an a in front of the 67. Hans Hjertonsson: does the ‘a’ in front of the 67, does that mean an asterisk? Frank Navarro: I assume so. (He is assuming and that kind of blew it out of the water there). He also said there is an MMS column on the CDR, but he couldn’t find it. The SV call lasted 3 seconds. So he’s assuming she called him back and it was a 3 second connection, for some reason they felt that was worth mentioning, but they’re not sure what it is. Again, all the dates, I wrote them down this morning, but I’m not going to bore you with them. They went from August 2011 to Jan 2015 or 2013, I don’t have it in front of me now. I don’t understand the significance of those dates.
Also there were different dates on the calls. Hans Hjertonsson asked about the time differences, it will show up on a different Date if it at certain times there and here. Some of those the times were changed and some of them weren’t. I think he had his hands full with this and it ended up being a little bit of a mess.
At that point Hans Hjertonsson had no further questions. The Jury was sent out at 2:47 pm. They took a break and came back at 3:17 pm. During the break they went through the CD, because Marlissa Ferriera put the CD on her computer and it came up on her computer. In fact there was a funny moment with Hans Hjertonsson computer. He had his computer up on the stand with the CD in it. Frank Navarro was trying to find it. Hans Hjertonsson asked if he could find the file and Frank Navarro said all I’ve been able to find so far is your tax returns. Hans Hjertonsson practically sprinted up to the stand to see what he was doing. So he clicked on something wrong there. They got a couple of people, brainstormed a bit and was able to find the file. So Hans Hjertonsson went back on examination of Frank Navarro. KB had apparently contacted somebody on the cell phone on how to access the records and he showed Frank Navarro the text and they were able to access the file.
There are also some messages possibly missing. The are talking about one on 6/20/11 at 1:28 pm (I believe). He said they are put in order by date/time on the CDR. They got back to the time issue, like they didn’t convert all the times like they should have, that what it sounded like. Finally Frank Navarro had to admit that the SMS and the MMS (multimedia messages) are there together or not. They took Frank Navarro out of his element to have him do this.
One heading he said, shows voice another heading shows Data and another heading shows SMS. But he’s not sure if the MMS is included in that. There is no MMS heading on the Excel. No further questions.
Marlissa Ferriera went to re-re-re-re-re-re-re-re-re-direct. Again she asked about the patrol car doing department work using the computer. Frank Navarro said they have to have a purpose to run a license plate on in a patrol car, so they do that in the scope of their duties and they have to justify it. I can tell you right now they all do it in their own way. See my previous example of a back license plate covered with bugs. Backman was also doing it line with his duties because Daljit Athwal was expressing concern of someone following him at 3 in the morning. Daljit Athwal went from Pop ‘n Cork to Hughson. But that was a car that Frank Navarro was actually in, which we found out today. Daljit Athwal had driven around Ceres, Hughson and Denair also. Marlissa Ferriera asked him if the CDR on Backman and list of people was part of his job and not as an outside expert, I don’t think anyone was claiming that, so I don’t think anyone was asking that. He’s on the job right now, he’s getting paid. Hans Hjertonsson: were you on duty when you prepared the CDR for Backman? That is all he asked him. Jai Gohel: How much overtime did you get on the Frank Carson case? Frank Navarro: said I have no idea, I wouldn’t really want to speculate. If he went to personnel and went through the records he may be able to find out. pm asked about a call on 7/6/12 and Daljit Athwal describing the incident at the store and pm says it is the Turlock PD jurisdiction. Because Marlissa Ferriera asked if the Turlock PD respond to calls in Ceres, Hughson, Denair, the County? pm was saying if something starts in the City of Turlock they have jurisdiction to follow it around wherever it goes and they do it all the time, it is regular practice. Frank Navarro did confirm he was a passenger in the vehicle that was following Daljit Athwal. A very relieved Frank Navarro was glad to get off the stand. They kind of put him on the spot by doing this. I don’t know why they did it.
At 3:45 pm Linda Maunakea was put on the stand. There was an immediate sidebar. She talked about how the incident with Korey Kauffman at her house, when it had occurred? She lived on Kenwood by Canal St. and it was August or September when that incident occurred. She heard a loud knock and saw Korey Kauffman. She saw cuts on his knees, face and arms. He had abrasions. He was wearing shorts. He said he had gotten away from the “Pop ‘n Cork trunk”. She had heard him say he got cuts from the Pop ‘n Cork brothers. He was in the living room when she first saw him and he needed to talk to her husband, Mike Maunakea, in the bedroom. They were talking and she followed them in there, but didn’t get involved in the conversation. She heard him say he feared for his life, they know where he is or was. In the bedroom they were talking and doing some hand gestures. Marlissa Ferriera kept asking what else did they do? What else did they do? Marlissa Ferriera was trying to get Linda Maunakea to talk about the recorder, but she didn’t see them do anything, but just talk and have animated conversations. They were in the bedroom about 10 min and then went into the bathroom and then could hear talking, but not what they were saying.
They didn’t have any running water in the house, so she did take him a bucket of water. She said they were having a birthday party around September 10, 2011 for her Daughter Ranelle. They were having cake and ice cream. Korey Kauffman and Mike Maunakea came out of the bathroom about 20 min after she gave them some water. When she took them some water, she did see Korey Kauffman on the floor in a fetal position, moaning, but she couldn’t make out any words he was saying. So Korey Kauffman left about 10 min later after giving them some water, he left out the back door. Korey Kauffman said he had to leave because they know where he is. She did not know who the Pop ‘n Cork brothers were. She said she did learn later. That led to a sidebar. She was asked if law enforcement was called or any law enforcement talked to. She did not recall any being talked to that night. She said Korey Kauffman told her husband not to call the cops. No further questions by the DA. That was the end of the day it was after 4 pm.
Linda Maunakea will be back on the stand at 9 am tomorrow.
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