WEEK 21, DAY 73

When we were allowed to enter the courtroom at 9:00AM this morning, it was obvious to us that something was causing a delay. We sat in the courtroom for almost a half hour before we had an announcement. It was announced that one of the male jurors had an asthma attack, and went to the hospital for treatment. In addition to that, there was one interpreter that was stuck in traffic, and another interpreter that was not able to attend at all. Judge Zuniga announces that because of this, we will not be able to take any evidence today. Baljit Athwal gave a waiver for not having an interpreter, so that the remaining jury members could be brought up to the courtroom and sent home. The jury was sent home at 9:44AM. We then went into some matters that needed to be taken care of before we were sent home for the day. The bailiff was instructed to contact the sick juror at 3:00PM today, and see if he will be able to attend court tomorrow morning at 9:00AM.

Marlisa Ferreira immediately speaks about People’s 377, which is a CD of cell phone data research that was done by Detective Frank Navarro of the Turlock Police Department. He had prepared this CD using work that had been done by self-proclaimed cell phone expert Jim Cook.

Defense attorney Hans Hjertonsson objects to People’s 377 coming into evidence. He states that the CD produced by Navarro is cumulative, and was done by a person that has non-sufficient expertise, and is hearsay.

Marlisa Ferreira argues that the CD contains business records, and qualifies for an exception to the hearsay rule. She states that Detective Navarro did not form any opinions with his analysis, so the expertise requirement does not apply. She states that Detective Navarro’s analysis is relevant.

Defense attorney Hans Hjertonsson argues that this is not business records. He argues that Detective Navarro cut and pasted the information, and it was not exactly the same as the evidence that has been entered into evidence from the cell phone data records.

Marlisa Ferreira argues that the defense has the right to cross-examine Detective Navarro on his work. She argues that his work shows the same records in a different format.

Judge Zuniga states that Detective Navarro had a problem opening up the CD in the courtroom because he could not find the record he was looking for that was contained in the CD. She states that the copy of this CD that was provided by the DA did not contain all the information that the original CD contained. She states that we took a break after Detective Navarro had his problems opening up the CD, and was then able to open up the CD with the assistance of DA Investigator Kirk Bunch using his cell phone. Judge Zuniga states that the records Detective Navarro used had been established, and the foundation had been laid. She states that Detective Navarro had just counted up the numbers. She states that the CD is in fact relevant, and is an issue that the jury can evaluate. Judge Zuniga states that a portion of the CD is in fact argumentative. She states that the tally of contacts, and the word “Contacts” in the CD are hearsay. She instructs Marlisa Ferreira to produce another CD that eliminates these two items.

Marlisa Ferreira now discusses some of her upcoming witnesses that we will see on the stand. She mentions continuing testimony from Linda Maunakea, Sherri Hendrix, the female officer from Mariposa County that processed the grave site, Gary Crosby, the hunter who found the body of Korey Kauffman in the mountains near Mariposa, someone with the last name of Galloway, someone with the last name of Santa Cruz, and two DNA experts.

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We now go into a testy discussion of People’s 364. This is a thumb drive that was produced by self-proclaimed cell phone expert Jim Cook. Judge Zuniga states that a file contained in the thumb drive that is labeled Yahoo is not admissible. Marlisa Ferreira gets testy about this ruling, and begins to argue with the judge. Judge Zuniga: “Look at the Law.” She states that Jim Cook’s testimony was solely on the cell phone data records. Judge Zuniga: “It doesn’t come in as evidence.” Marlisa Ferreira continues to argue with the judge. Judge Zuniga states: “No testimony no relevancy.” Marlisa Ferreira requests that Hans Hjertonsson put into writing all the objections he has regarding the CD. Judge Zuniga gives Hans Hjertonsson until Wednesday the 19th to compile this list of objections. Judge Zuniga wants all the papers to be filed by the end of the day on Wednesday the 19th. Marlisa Ferreira now requests more time, and wants the papers to be submitted by October 3rd. Judge Zuniga: “Sure.” Judge Zuniga now offers even more time because she will be working on the mistrial motion that has been filed by the defense. Judge Zuniga now sets November 2nd at 1:30PM for this matter to be heard. She states that the motion for a mistrial will be heard on the 16th. I am not quite sure what month she referred to with this date. We are now done with court for the day. I will be there tomorrow morning if the sick juror is able to attend.

Sincerely; William Thomas Jensen (Tom)