Good evening everybody! This is Marty, from Dawgs Blog, with tonight’s podcast on September 21, 2018. This is in regard to the Frank Carson et al. trial I’m sure you know Tom wasn’t in court today so there was no noon report from Tom, but I did get it transcript of the noontime report up. I’m getting in the groove a little bit with doing that. It changes things a lot when I get home and really busy I kind of go nuts, but that’s up now.
If you listened to the noontime report already we had the Mariposa Detective on the stand, who did the recovery of the remains that were found by the hunter Gary Crosby. Like yesterday she looked like she was pretty emotional and today she was even more so. She ended up crying a couple times and had to leave the courtroom to compose herself, whatever that’s all about, I have no idea. The report that she wrote two days after recovering the remains at the gravesite of that report that she wrote that day she says was wrong and now saying something different. She said that the bullet was found underneath the jacket, now she is saying that the bullet that was found was underneath the jeans, among a bunch other thing. You guys all know what’s going on. So, all we finally got done with the Detective Hendrix.
Dale Lingerfelt all attired up and no bowtie. I was disappointed there was no bowtie. He actually looked pretty good. He’s now a San Joaquin County District Attorney’s Office investigator and apparently, he’s been so, I believe, since April 2. I don’t know when he left Stanislaus County but he’s up in San Joaquin working out of Stockton now. I have put in a freedom of information act request with the District Attorney’s Office regarding getting some of that information of the cost of his departure. There are some, at the very least, some coincidental things that have occurred when he left and so there are some things I’m trying to find out. I can’t say too much more than that.
So anyway, Dale Lingerfelt, he looked pretty good came in some cowboy attire. Probably a $500 Stetson hat, so he’s apparently doing pretty good for himself. The afternoon session got started right on time it was like three minutes late. The DA with continuing with Lingerfelt. She was showing People’s #421 (when I say people’s I mean in evidence, something is been admitted into evidence). It’s a picture Jon Evers took, they had both gone to UC Santa Cruz to deliver/pickup/drop off body parts or whatever you he was he was a gofer. They were running on the stuff all over the Northern California, all over in the Bay Area, Sacramento and places like that. So, there is a picture Jon Evers took of him holding the up the femur, so they can get a picture and that was taken to Richmond lab it (a DNA lab) for DNA testing and then he said he went back to the coroner’s office in Modesto to give the remainder of the remains back to the coroner’s office. So, what I’m saying is he took the just the femur to the DNA lab along with all the DNA swabs they had taken from numerous people. This was so they could get DNA checks on everything. He said he took no other actions regarding the swabs.
On January 2, 2014 there was the shirt that was still at the corners office that was given remember the tattered T-shirt with a racing boat on it he said was a gray T-shirt and had the picture of the boat and something about racing boats written on it. He picked the shirt up at the coroner’s office. The shirt he received from the corners office he said it had a small halt small hole on the back of the shirt towards the upper back of the shirt. He said the shirt was put into a new package sealed then took in to what place called SERI, it’s a lab in Richmond. I don’t know if it’s the same lab there took the femur bone to, but I have a feeling it probably is. Then another question was asked, and he said, “oops wait a minute I got a little confused”. He actually took the shirt to the Ripon DOJ lab, so it didn’t go to SERI. I think the cheek swabs for the DNA swabs went to SERI. He also went to the Stanislaus County Sheriff’s office evidence locker and he checked out the blue jeans, all the tattered blue jeans, if you saw the pictures of the jeans they were in pieces, they just fell apart, they had been up there for a while in the weather. There were some miscellaneous clothes as he called it the ring, the Carhartt jacket, two leather boots -but they are not complete-, the headlamp, eight keys and a carabiner. The keys were on the carabiner and there were some rolling papers. He says he put all items in a sealed condition and taken to the Ripon DOJ for testing also. January 17, 2017, he transported the clothing again to Sacramento, to a lab called the Sacramento District Attorney’s Forensic Lab. I don’t know if it’s a state lab or private lab that just uses that name, but it’s is called the Sacramento district attorney forensic lab. The torn shirt he retrieved from the SERI lab and also took it to the Sacramento lab, if I haven’t said that already. On January 25, t2017 he transported some of the swabs and of some of those other things of the samples from Tony Kaufman, Trina Richardson and I believe all the other ones too. There was also, yes, he said there was a Robert Woody reference sample and there was a swab of Robert Woody. I don’t know the difference between those two maybe somebody can help me out but there is a reference sample and a swab of Robert Woody. There is a swab of Daljit Atwal, Georgia DeFilippo, Scott McFarland, Daljit Atwal, Eddie Quintanar, Robert Woody, Walter Wells and Frank Carson. Now you may notice the Christine DeFilippo wasn’t mentioned but she was never charged in the homicide so apparently a swab was never taken from her. Again, she he took everything to the SERI lab, the DNA lab in Richmond in the Bay Area.
Marlisa Ferreira asked a question about July 17, 2014, he was in court in department eight. Immediately the room lit up with objections. I don’t know why Marlisa Ferreira did this, but she did and that led to a sidebar and the jury was sent out at 2:05. So, they had been in the courtroom about half an hour when they went to sidebar and the jury was sent out. Dale Lingerfelt was sent out. During this time when the jury was going out the one of the jurors, our favorite one, he got attacked by a dog, he’s getting married, he has asthma and ended up in the hospital (this why we didn’t have court most of last week and Tuesday of this week). He has pneumonia and he’s also has asthma. He’s having all these problems and he also was outside smoking. So, it was a note from this juror and don’t get me wrong I think all the jurors on this this panel actually pretty good jurors, I think all of them are. I think it’s a very good jury. I think the very conscientious people, so we’ll see what happens. But apparently, he passed the bailiff a note and the bailiff gave it to the Judge. The Judge looked at the note and started laughing and could not stop. I’m not kidding, she went into a cackle, a giggle whatever you want to call it. Apparently, this thing juror has an issue with a relative of his wife’s, a father I believe it was or wherever was who is sick. His wife needs to go to Texas on October 2, so he’s given them plenty of notice to do this. He’s got to drop her off at the airport to fly at 12:55 and so he says he can be back in the afternoon, he just needs to miss the morning session for them to get there in a couple hours early at least. Judge said says she feels he’s a good juror and she does not want to release him, she’s afraid of losing the jury altogether on this. The compassionate one, on the left side of the room, Mme. DA says he could just drop her off early in the morning we can have court all day and his wife can sit at the airport for six or seven or eight hours. Judge says no, so the compassionate one really came through on that one. So, the juror will drop his wife off and be back for the afternoon session on October second. so, on the second we will have an afternoon session only, unless they’re going to do something else that morning.
So, they go back to where this objection was in department eight Dale Lingerfelt, apparently Dale Lingerfelt, Jon Evers and Kirk Bunch were in department eight on one of Woody’s court dates, right after he did a lot of talking and stuff. It was in July, July 17, 2014. Woody had a court date and they were all there, that’s probably very close to one day I was there to in department eight. Apparently, Mme. DA wants to bring up an altercation that occurred in department eight between Frank Carson and Dale Lingerfelt. The judge is really peeved about this because they went through all these type of what they call the 1101’s, if you remember that is 1101 evidence is prior bad acts things that they’ve done in the past that that could be a problem showed a certain type of behavior and so on they went through all this they had in limiting motion before the trial start and this was never brought up. Remember this is from 2014. The DA says the judge is saying to should have been brought up earlier, should been addressed earlier, should given her notice, should’ve done something except just blurted out there in the middle of the Dale Lingerfelt testimony. The DA’s is blaming the defense attorneys for bringing this up during their opening arguments. She said the defense attorneys were talking about how the District Attorney’s Office has issues with Frank Carson, because he beat him up so bad over the years and she’s trying to show the Frank Carson has issues with them and is not the other way around. She was talking about her boss and everything else. So, the judge is not going for this for Marlisa Ferreira’s is in is insisting. What she said was on July 17, 2014, Jon Evers, Dale Lingerfelt, and Kirk Bunch were at the court and Jon Evers and Dale Lingerfelt were sitting at the side of the court with Dave Harris. They were waiting for the Robert Woody hearing. Now apparently that courtroom does not have a jury box, but they do have some chairs off the side for attorneys and all officers and what have you to sit and wait. Frank Carson was sitting down next to Dale Lingerfelt, talking to another Attorney, he turns around and she says that Frank Carson looks at Dale Lingerfelt and says, “Fuck you”. She said this is not my words these are his. Dale Lingerfelt says excuse me and Frank Carson she says “Fuck you” again. Dale Lingerfelt tells Frank Carson he’s a real professional. Frank Carson then left the courtroom.
The judge interrupted her a little bit and said asking kind of asking the configuration of the courtroom, how the people sit, there is no jury, but again there’s just the seating area for people on the side. Apparently as Frank Carson was leaving the courtroom, according to the DA, Kirk Bunch is walking through the door as Frank Carson is walking out the door and Dale Lingerfelt said he saw Frank Carson say something to Kirk Bunch and Dale Lingerfelt later found out it was “F*** you” to Kirk Bunch. Judge Zuniga wants to know the relevance because the DA didn’t give notice of this, all she said was that Dale Lingerfelt was to do some chain of custody things and wiretaps. Judge Zuniga’s wondering what the relevance is. She says that because of the arguments that Percy Martinez made in the opening arguments, that about that officers did not like Frank Carson and that’s why he got charged with a homicide; it is the exact opposite Frank Carson has issues and he was also there because he is in cahoots with Robert Woody, they are still saying. So, he was there for the Robert Woody hearing and She says it shows how the defendant is opening arguments and instigating things and so on.
Percy Martinez argued to the court this comes a total surprise, they didn’t have notice of this, they didn’t have any indication this was going to happen. Dale Lingerfelt is supposed to be talking about chain of custody which a been doing and then talking about a body wire with Miranda Dykes. Judge Zuniga is not happy but that doesn’t mean anything, she’s chastising Marlisa Ferreira for not giving prior notice. She says you’ve never said anything we had all these hearings this happened in 2014, you’ve known about it you haven’t said anything about it and you pop it out of the blue now. She says the least give me some notice. Percy Martinez argued that they went through three months of limiting motions which a lot of it had to do with or large portion had to do with prior bad acts (1101 evidence) and they have known for nearly four years now and just bringing it up now out of the blue, in an ambush fashion. This is a surprise. They didn’t know anything about this. He says is misconduct by the District Attorney as they have had a lot of time to bring this up a lot of opportunities, including yesterday, when she was asked what Lingerfelt would testify to.
Attorney Hans argued he asked yesterday that what Dale Lingerfelt was going to testify to and he did, and she told him in court he would testify to the chain of custody of the evidence and the body wire. She said there was nothing else. Judge Zuniga cut off Marlisa Ferreira ask her to notice that she is not focused on what she doing here. Judge Zuniga is not happy, doesn’t matter, but she’s not happy. There’s no previous notice on this and she’s telling or you what are you doing, why are you doing this, what’s the point? It’s inappropriate to bring it up at this time. She’s kinda going off on her and she’s not happy. But again, like this it doesn’t matter.
Marlisa Ferreira as she does many times interrupts the judge. She constantly does it because she wants to say what she wants to say, and she doesn’t care who else is talking, including the judge. She interrupted the judge saying is not 1101, which is the prior bad act as not evidence of a crime. So, it is not evidence of crime, but when she addressed the court in the Kirk Bunch altercation with Frank Carson in the hallway and what he said, she said it was a crime, it’s harassment, intimidating a witness and now she is saying is not. It is just amazing what you see in this case. Marlisa Ferreira and says this does not go to the act of the homicide but conduct towards officers who are witnesses in this case. So, it was in in regard to a crime when it happened with Kirk Bunch, but now she is saying it’s not. She says the defense has raised all kinds of issues in the preliminary hearing and all other hearings in regard to these issues and then they put it as an issue in their opening and Marlisa Ferreira just kinda rambled on.
I looked at the judge and she had one who looks on her face she was just looking down at her paperwork. I quit writing it just a long-winded rant that she is well known for. She was on a roll, much of it is repetitive. Judge Zuniga finally asked her are you done? She says it may go to state of mind and as of 1101, prior bad acts, 18-month preliminary hearing that became very obvious. The defense is saying there is a vendetta, but she is an experienced attorney and should know better to bring it up in this manner with no prior notice whatsoever. The DA never mentioned this when she talked about the chain of custody and the body wire is Dale Lingerfelt’s testimony. Marlisa Ferreira disagreed of course, she said it can be relevant, but it she’s gonna bring it in she’s and have to bring in another way. The Judge is not going to allow her to do this now that she says it can be done in rebuttal. They started talking about some case law and some other crap that I had no idea what they were talking about. So now there’s another it almost sound like there can do some briefs and possibly another hearing, it this is getting ridiculous, so I get to just want to stretch it out some more.
Then they start talking about the wiretaps. Percy Martinez says, and I think this is kind of what they were talking about the hearing and it kind of ran together, I kind of zone out when Melissa goes on these rants and I have to focus myself back in. They started talking about the wiretaps is not relevant because Frank Carson is not able to confront as a defendant, he has to be able confront the witnesses and such and cannot do so with this wiretap. The biggest reason for that is, my understanding is, they cannot find Miranda Dykes. She disappeared, I’ve heard all kinds of stories and there’s no telling what’s going on, but Miranda Dykes cannot be located to give her subpoena to get her to court. Percy said there’s no exception to hearsay. These are statements by Robert Woody and Maranda Dykes in another guy called 5-0 on that body wire where Robert Woody is trying to impress this girl to get into her pants and talking about the body getting dumped in a pig farm and all kinds of stuff, stupid stuff that he said. This all was done while they were smoking meth. Judge Zuniga said she thought the defense may want to use some of this information. Percy Martinez says well it’s not relevant until we get Robert Woody on the stand, and you know, and I think it kind of rang a bell with the Judge. Marlisa Ferreira said it goes to some about statements by a codefendant. She said he still a codefendant this case even though he was separated out and given a different case number he still counts a codefendant in this case. Hans said it is not timely but when Robert Woody testifies it will be. They are talking about Miranda Dykes because they can’t find her and so it’s really not an issue until Robert Woody gets on the stand.
The DA started talking about Robert Woody again is a co-participant and his testimony can be corroborated even though he got severed. Percy Martinez was looking at Justice Simons book with Judge Zuniga, who considers it the Bible of the legal profession, talking about the co-conspirators not admissible under certain things, a lot of legalese and I’m not smart enough to follow all of this.
So, the body wire was done on February 18, 2014. Miranda Dykes was handled by Dale Lingerfelt. Jon Evers was also involved in this body wire to some extent, I don’t know the entire thing, but he was there when they wired her up and dropped her off to talk to Woody. Percy Martinez said at that point there was no longer a conspiracy going on, so it could not be a furtherance of a conspiracy and that’s the criteria he says that it has to fall under. Attorney Hans said is not against the defendants as Robert Woody is not on trial, it is not relevant to these defendants that are in trial now. Marlisa Ferreira says it does come in as co-conspirators and is ongoing as to the obstruction of justice in a statement of co-defendants.
Judge Zuniga, I like to watch her facial expressions because you can read her by looking at her face, she is very expressive and that’s why Marlisa Ferreira constantly keeps making a lot of arguments and morphs those arguments until she gets a reaction that she’s looking for from Judge Zuniga. She does it in her face. She was looking for the right book. She’s looking at all the books behind her chair that up there on the bench. The DA is said the defense is not is not ripe until Robert Woody is on the stand. She says the books are very detailed, so now she is saying only need to look it up, they need to research it she site she cited some case law, Greenberger’s whatever was. The DA says it’s a foundational to Dale Lingerfelt’s testimony is foundational to the identifying the voices and the information. Judge Zuniga said there were some things that Woody had testified to in the prelim and she says it may be later when he testifies, she said but not today. She wants all the attorneys to look at that case law that they were talking about. The defense attorney did go off the side room and talk, so they will look at the case law. They’re going to have Tuesday morning or have I think a little discussion about so this.
We took a break. Dale Lingerfelt was back on the stand after the break. He was asked if he went to pick up the bullet and asked if the coroner or the people that had the bullet if they had gloves were handling the bullet with gloves. He also was asked if there are any swabs taken on Michael Cooley? There was a major objection that by the DA, so that was never answered. He was also asked item number nine of those swaps was for Robert Woody and it 16 was also a swab and he said yes they were. But they didn’t clarify why there was two swabs Woody, but they said earlier they said one was a reference in what was a swab the cheek swab I don’t know what the difference is myself. There was a swab for Daljit Atwal, Georgia DeFilippo, Scott McFarland, Daljit Atwal, Eddie Quintanar, Walter Wells and Frank Carson and himself they also put a swap himself in case he had them somehow put some on of his DNA on some of the evidence. So that was where we were at basically. There were no further questions by anybody else. Lingerfelt was then around 3:25 PM and they were done for the day. They didn’t have another witness there because they thought they were going into Lingerfelt throughout the end of the day.
On Tuesday the jury comes in at 10. The attorneys come in and 9. Dale Lingerfelt did clarify to before he was done that Trina Richardson was Korey Kauffman’s biological mom and he never talk to her prior than when the swabs were brought in. That where we at.
Like I said Miranda Dykes, apparently think they cannot locate her and so there not sure where she is. If the people that don’t know, Miranda Dykes is one that were a body wire on February 14, I believe it was February 18, 2014 she were body wire recording Robert Woody talking about how he had dumped the Korey Kauffman’s body up and in and somewhere with at a pig farm so the pigs will chew up a body and mangle a body in and finish it off good and the body will disappear. When I heard the body wire was obvious to me was trying to impress a girl I guess that’s how they do it and trying to get into her pants or whatever the case may be there. So, but she is not they do not know where she is at this point. Dale Lingerfelt had determined at some point to put Maranda Dykes in the witness protection program she was CI 14 – 3, if I remember right.
I have requested from the District Attorney’s Office and Dave Harris from the DA’s office did send me a letter back with a bunch of legal jump mumbo-jumbo about being confidential information, but it was revealed in court who she was. I also sent a letter back saying it is not confidential it was revealed in court even mentioned to her confidential informant number and who she was, and I told him I was there when it happened i.e. even told him the page numbers and stuff in the transcripts. So, I’m still waiting to hear back from Dave Harris on that the cost of that witness protection, the officers involved, which I know was a Dale Lingerfelt could’ve been other officers, I don’t know and also Dale Lingerfelt has since left the office. I am inquiring about the circumstances that Dale Lingerfelt leaving the District Attorney’s Office and going to San Joaquin County. I think there is a reason for that but I don’t I don’t have any proof, but this is the information that I’m trying to get so there was also some damage done to a motel room they had bought Miranda Dykes, some cell phones and some other close or what have you Stanislaus County had a pay for the damage done. So, I’m asking for an accounting of what under the freedom of information act with our taxpayer dollars had was in this witness protection plan.
The other thing today there is a misconduct motion is scheduled for next month in regard to the Jim Cook incident. If you’re not familiar with the Jim Cook incident. Jim Cook a testified for 10 days and always said that he never used any specific tools to map. Jim Cook is a cell phone expert that mapped cell phone towers, point of interest and devices of people involved in phone calls and between people involved and he did not use specific equipment he used a protractor, which is so 1950s, and there were times that he used the compass to draw circles. He was saying that the Carson property was in the overlap area of two sectors of one tower and for some reason the last day that he was scheduled to testify he opened Google maps and used the tools that they have. It gives specific information because of GPS and other things that are there, it is very precise. It is supposed be a lot more precise than a protractor. Google maps showed that the Frank Carson property was outside of that overlap area that he kept saying was inside and he was talking about signals that were vacillating between two towers and stuff. I don’t know what the purpose of that was, but he kept saying it, well now we know that the Frank Carson property was not within that overlap area they said. He had sent Marlisa Ferreira a mapping done with the Google maps tools and the last day of testimony was on a Tuesday I believe it was the 21st of last month and that night he had sent this mapping that he used it, it was the next to last day, I’m getting my story jumbled up and I apologize. Tuesday, he testified he never used Google maps tools. Wednesday, he testified he never use Google maps tools. He was supposed be done Wednesday and Tuesday night he had used the Google maps tools and sent Marlisa Ferreira the mapping. He sent her two maps that show Carson property outside of this area. Wednesday, he came in Marlisa Ferreira knew that she had this mapping from the night before, she acknowledged that she knew it. Jim Cook had sent it to her at 7:58 PM, it was an email the night before and he still testified that he’s never uses Google maps tools, he always uses his protractor. So, the misconduct motion is that Jim Cook had lied to the court to the stand on Wednesday, he said he never use Google maps tools, but he had done it the night before, sent it to Marlisa Ferreira. Marlisa Ferreira did not correct him or advise the court that he had done what he had done the night before. She let him continue on and testify that he had never used Google maps tools ever in his life. On the Thursday, the next day, Jim Cook wasn’t supposed to be there, and he was at court the next morning and she had turned over this mapping to the court, to the attorneys and Jim Cook took the stand again saying that he did what he did. It was a very humble Jim Cook not the arrogant person that he normally is. So that’s the misconduct that the defense is going into.
I do have the briefs I got them today from the clerk’s office, I’ll get them up either tonight or tomorrow and you can see. Hans wrote of a very nice brief in fact the opening argument when you see it will be interesting so are the opening paragraph I mean is very interesting. So, all that’s where that’s where we are at right now. We will be back on Tuesday with the noon time report. Okay I think that’s all. Like I always say don’t take my word for it come to court and find out for use for yourself. Goodnight everybody!
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