FRANK CARSON ET AL PM REPORT (MARTY)

The podcast refused to work again tonight here is a written report.

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The afternoon session started about 1336 hrs. the witness said she wrote a please report on August 19, 2013, in the report she said that the bullet was found under thin layer of dirt by the pants. She told Corey Brown that the bullet was found by blue jeans under the pants under a Stratus of dirt is what was in Corey Brown’s report. She stated that she wanted to see Corey Brown’s report it may be a typo because she would not use that type of terminology. Marlisa Ferreira objected again making a speaking objection, after a sidebar Percy was allowed to approach the witness with the report

It said that the bullet was under the pants under us small layer of dirt. She noted that there were no evidence technicians on site on August 19 or 20th of 2013 and she was unaware who was who on the 23rd when Stanislaus County was there if there was any evidence technicians there are not. She also noted on August 20, 2013, the second day she was there, she located some more jeans but she was not sure if it was the piece of the jeans with a set of keys.

She looked where she lived believe that the other genes were and use the stick to dig into the dirt but not to locate a bullet or anything as such just to remove some debris.

Again, she was being shown the transcript of the preliminary hearing as a reminder with a question was you found a bullet, the answer that she used a stick to move a layer of dirt, the Sgt. did also.

Sheree Hendrix picked up the bullet, wearing a pair of rubber gloves, again reading the transcript allowed Percy Martinez said question who recovered the bullet and she said I don’t remember at all we were all wearing gloves.

No metal detectors were use and also on the 19th and 20th both days they were wearing gloves but did not exchange gloves every time some evidence was touched, they used one pair during the entire day. Percy Martinez showed her a page that contains several photographs and asked if she remembers what’s in the photos and she said she was not sure. She said she had collected items on August 19 and August 20 the 2013 she was asked if any measures were taken to avoid contamination she said they wore gloves but again one pair all day both days.

Attorney Hans took over questioning of Deputy Hendrix and she said she was notified in August 19, 2013 of the school she met the person at a residence, which I believe what she meant the Jenkins farm, but it wasn’t clarified, and then she was led to where Gary Crosby’s campground was. She said she did not talk to anybody at the Jenkins ranch the Sgt. did. They did travel in one vehicle together with the Sgt. driving. He then met Gary Crosby at the crap ground and he pointed out the location of where the skull was, it did not personally guide them to it.

She did not recall if the campground was 200 to 300 feet away from the gravesite or if it was .3 miles and she did not recall how long it took to drive there.

She located numerous items which included bones and clothes and she put all items into the same body bag, including the bullet. Nothing was package individually. She said she was collecting evidence for a coroner’s case and not for a crime. If she had known, it was a homicide she would’ve done things differently. She did not recall how many items she had collected. She was unable to recall exact location of the evidence when Kirk Bunch in Corey Brown got there. But the report does say the bullet was under thin layer of dirt.

She said that Kirk Bunch had advised her that they were investigating a homicide and when she wrote the report that it was accurate. The evidence was collected on the 19th, she took photos and no notes where the evidence was, did not mark any evidentiary areas, nor did she take any more measurements than just for the school with. When she returned on the 20th she did do some more measuring where she guesstimated with the close work.

Jai Gohel started to cross examination he asked her if she had stated earlier that the bullet was under the jacket and not the pants, she said that is incorrect, but it was something that she had misspoke about in the preliminary hearing. Jai Gohel did give the witness to review her testimony from the preliminary hearing and she admits she did say the bullet was under the jacket but now says it was under the blue jeans.

She was shown again evidence number 391 on the overhead it was a picture of the blue jeans with the keys on it where she found the bullet the next day. The genes were not there on the 20th but she guesstimated where the jeans were and found the bullet again under a layer of dirt. Another section of the jeans, jacket were a distance away she did not measure so it’s unknown what that distance was.

She was asked if anybody had any evidence tags flags that could be used in a crime scene tape or anything along that line she was not aware of what the Sgt. had in his car. Again, she said she moved the dirt with a stick to remove debris like pine needles leaves and such and discovered the bullet under a thin layer of dirt. She also noted there was a ranger station in the area, but they never contacted them, and the road is an area where people on unknown type of animals there, who she stated many hunters do use the area but she isn’t never seen hunters prior because of her lack of being in that particular area before.

Marlisa Ferreira went back to redirect and showed her a couple pictures that shows the keys that attach to the pants with a carabiner and that was attached to a belt loop. She also asked her about the testimony about the bullet being under the Carhart jacket was incorrect and she says it was.

The jury was then sent out the room about 2:43 PM there was multiple objections in regard to this bullet and Attorney Hans it said the witness had testified previously that the bullet was under a jacket and not connected to the jeans in any way. The judge asked Marlisa Ferreira for citations from the preliminary hearing transcript where she had corrected herself. We took a break and when we came back from break the DA had given the court citations from the transcript of the preliminary hearing where she’d given references where the bullet wasn’t, she did say that she made a mistake with the jacket where the bullet was actually underneath the jeans.

The jury was called up a little after about 3:15- 3:20 or so Marlisa Ferreira again put up a display of evidence tag number 391, showing the genes with the keys connected and she said that’s where she found the bullet was underneath there. She never did a close inspection of the close due to her contacting Corey Brown.

Corey Brown did help search the area on August 23, 2013 she did not recall if Corey Brown was taking any pictures or measurements. She did not recall any evidence tags being put out, again she said the bullet was under thin layer of dirt under the pants and it was an intact bullet that had been fired but not been flattened out by hitting anything. She stated again that she was not using a stick to look for a bullet but was in fact using a stick to remove debris from the area to look at the dirt and discovered the bullet.

She stated that she had no container to put the bullet in other than a paper bag, so she just threw it into the body bag that contained the clothes and the remains. She also noted that going back on the 20th even though she didn’t mark the spot he was able to locate it with no problem because of being there the day before.

She noted that August 23 she did go out to the scene with Corey Brown. At this time, it was almost 4 o’clock in the jury was sent home for the day and the witness was sent off the stand.

The attorneys argued about the witness’s statement that she reconstructed the scene for Stanislaus County investigators benefit does not impeach according to Marlisa Ferreira. Percy Martinez argued it does impeach as she was pointing to where to put the markers and other things to take measurements. There was a long argument by both attorneys repeating the same stuff over and over again finally Percy Martinez ended by saying is for the jury to decide. Judge Zuniga stated that she needs to reread the transcript and will advise how she’s going to rule on that tomorrow.

That was the end of the day court reconvenes tomorrow at 930.

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