Good morning this is Marty from Dawgsblog. Noontime report of the morning session of the Frank Carlson et al trial of September 21, 2018.

Court was scheduled to start at 9:30 today and around 9:35 or so the judge has taken attorneys into chambers and were in there for about five minutes. I also noticed that there was another subject, seated in the audience, appeared to be that a witness has been sub-poenad for the state and that turned out to be the case, and when they came back into court, they ordered him back on November 13. He apparently is a defense witness by the name of Edward Ragula,

Marlissa Ferreira then also, they talk about what the discussion in chambers, stated that Edward Quintanar and Scott McFarlane are going to testify inregards to the statements they made during their termination hearing from the CHP. The DA had apparently filed motions to get those personnel hearings and get those statements, are going to be subpoenaed apparently and it will be probably a little bit of a task as it is a personnel hearing. Judge Zuniga started giving some dates for the papers to be filed, any opposition to this being done and there will be a hearing on 10-23 -2013, I said 13, that should be 18. They also talked about, Percy Martinez had objected, Del Lingerfeld was here to talk about the body wires and some chain of evidence things, but the body wires, especially with Maranda Sonny Dykes and objecting to anything along the lines. The judge kinda stopped and said, will do, determine that later at the time. We’ll see how it comes out. Judge Zuniga also noted that the issue that the defense trying to impeach Detective Hendrix on her statement that she made during preliminary hearing. She had re-read the testimony. She said the DA was right. The detective used her memory to re-construct the scene for Stanislaus detectives when they got there on the 23rd of August on 2013. The DA’s objection was sustained.

Jury was brought up around 9:59 and Cherie Hendrix got on the stand. Just as a reminder, Cherie Hendrix is a Mariposa County detective, has been a detective for about 10 to 12 years something like that, been with the Sheriff’s office up there for about 15 years and she’s the one that recovered the remains of that after they were found by the hunter Gary Crosby , she was the detective who went to the scene and recovered the remains. Percy Martinez was doing cross again and they’re looking at evidence number 391, is a photo of the jeans that were by the tree, partial piece of the jeans that were by the tree and she said she found a nickel and a ring, a gold ring under the pants in the same area, but she could’nt be specific about where but she said it was the same area where she found the bullet. She did not take pictures where she found the nickel and the ring. She was also having trouble determining where do the degrading pants, where the legs and certain parts of the jeans that were actually laying there. She did not take pictures of the ring or the nickel where she found them. She did not take distances, measuring distances from where the bullet was found, to the ring. She could not recall if she found the bullet or the ring or the nickel first, in what order. She said the ring was again was not on top of the dirt, was under a layer of dirt as the bullet was. And again, she was asked if there’s a picture of the ring or the nickel found, there was none. No pictures taken. Here she was asked about the testimony at the prelim with regards to the ring. Percy read the question into the record anything on the carabiner other than keys. She said yes, the yellow band. This carabiner was hooked to a belt loop on those jeans and there were some keys on it. She testified at the time that there was a yellow band on that cute ring. Now she’s saying it was found underground. She did not return call talking about the ring on the carabiner with the coroner or anything like that, but Percy was reading the transcript, showed her actually the transcript of the preliminary hearing where she testified that the ring was on the key ring. She showed pictures on them of a round ring and there were pictures at the coroner’s office that were taken. But she said the ring may have been covered by the keys but initially she said the ring was on the key ring, and now seems underground. I also noticed at this time that Detective Hendrix was getting a little emotional, kinda defiant or upset or whatever you want to call them. Not sure while she was on the stand. Percy Martinez had no further questions at this time.

Attorney Hans questioned he asked her to look again at picture number 391 and it’s a picture of the jeans again. He asked if there was any bones in the picture and she said no, of course. She said the nickel and the gold ring was in the area of the jeans not with the bones. He asked her if she did report that was done shortly after, and I’m sorry, if she wrote a report shortly after she processed the same and she said she did and he started to ask her the bullet was under a layer of dirt and the witness, Detective Hendrix on the stand, at this point began sobbing on the stand and she asked the judge if she could take a break and left the room. Walking out the door sobbing. She was outside for about five minutes and Kirk Bunch had gone out to talk to her and came back to be on the stand again. They were talking about the pants, the gold ring, the nickel and the bullet which were all in the same area, but apparently not together. She was asked if she said in a report the ring was where the bones were , the ring was where the bones were located and she said yes and the report did say that, the report was written like two days after she processed the scene but now she says the ring was under the pants so the report would be wrong as what she’s saying now. The report was dated on 22 August 2013.

In preparation of her testimony, she did review all her reports and all the information that said the bullet was under the jacket at one point and the ring was by the bones. She said she read that report, still says now that the report was wrong. She also noted on the 23rd she showed a location to Stanislaus County aware thing was because she had to kind of eyeballed it. Maybe she’s a protractor, I don’t know, and she had to eyeballed it and where everything was because no measurements, no precise locations, no markings where evidence markers were put down. Hans had no further questions

Jai Gohel began cross. She was asked about 8-23- 2013 that’s August 23. She saw Stanislaus investigative marking any evidence, which she said she did, but she did not see any metal detectors being used at the time or at any time during the investigation prior to Stanislaus getting there either. In a prelim in 2016 she said the bullet was under the jeans and then said under the jacket she had testified to both. She needed to read the transcript to confirm that this was actually what she said when on two separate occasions she testified the bullet was under the jacket. In addition, she said it yesterday also. Again, I notice that the witness was, the detective was getting a little emotional again. Jai Gohel had no further questions.

DA did direct again, and she asked her sitting here today, was the bullet under the jeans and the ring and nickel in the same area? And she said yes. At this point the judge said, my witness, quote, unquote eyewitness needs another break. Again, Detective Hendrix left the courtroom sobbing, began crying understandably and sobbing as she’s walking out the door. She again was back in about five minutes. DA put the picture up on the overhead again, she used a laser to where about the area where the bullet was because she has no markings or pictures right? It was around a 5 to 6 inch area of circle that she was saying it was. Percy Martinez asked how far away from the jacket that was from the jeans and she said again she didn’t know because she didn’t measure. At this point the witness, there was no further questions from anybody. The witness was taken off the stand. She did not look in good shape as she walked out of the courtroom.

At this time Del lingerfeldt, a former Stanislaus County DA investigator now San Joaquin County DA investigator Lingerfelt, took the stand. I’ll talk about his history. He has been law enforcement probably for 40 years or so now, I don’t know something like that. She asked him if he’s ever cultivated informants, CI’s as are called which led to an objection from the defense attorney. All three of them once. He has worked crime scenes. He worked with the Frank Carson case, he started, he said in August 2013, but I think he actually started in October 2013. Cory Brown was the lead detective on the case. He said he did interviews. He handled evidence work CI’s. Again, there were objections and he wrote reports, is what police officers do. Officers on the task force were Kirk Bunch, Cory Brown, John Evers, Derek Perry, Tim Red, Frank Navarro and Mike Brody from CDCR. On August 8 of 2013 he was asked to take the remains from the coroner’s to UC Santa Cruz for testing and I believe that was actually October 8, 2013. Either he said it wrong or I wrote it down wrong. He said he would had talked to the coroner and about the bullet that was found, and the coroner is one to inspect the bullet prior to it going for testing. He then he went to the Sheriff’s office. He checked out the bullet for that examination and took it back to the coroner’s and it was apparently got a quick review that the coroner had done. He said the bullet was in a sealed envelope and he resealed it. There was also in a small metal container in that envelope. It was a small deformed bullet of a 22 caliber bullet. The doctor looked at it and returned it, apparent look sound like almost immediately, he resealed the evidence put in his briefcase. He said eventually he went to the DNA lab on October 10, 2013 so that was the next day I guess he said eventually, but it sounds like it was the next day. He said he also received the remains in a body bag with a T-shirt in the bag. The coroner kept the shirt and they gave him a paper bag to put the body bag in and some other new fresh body bags for UC Santa Cruz to put the remains in back into when they were done. He met with Richard Baldwin at UC Santa Cruz on October 10, 2013. He gave a rundown of the situation and he left the remains at Santa Cruz. He then went to the DOJ lab in Richmond and dropped off the bullet and some DNA samples apparently, but the DOJ said they wanted a femur bone to test. He said he also received from the DOJ some swab kits and to test relatives a mostly Kory Kaufman’s mother and father for DNA’s. He said also said on 10-14- 2013, that’s October 14, 2013. he received some mail in his mailbox at the District Attorney’s Office from a Lexa J County in Texas. It was a Sheriff’s office there that had some certified mail, a consent form from Cory Kaufman’s mom, Trina Richardson. There was another sealed envelope inside that envelope. He did not recall any specific markings. He did take a picture of the envelope and the DA wanted to put it in as evidence with objections from Percy Martinez. This led to another sidebar. He said he did take the envelope to Richmond DNA lab and also he had met with Tony Kaufman, Kory Kaufman’s dad to get some swab samples to test also that he’d taken to the lab. And in 10-17- 2013, he learned that the tests were done. He had picked up the remains from Santa Cruz on 10-17-2013 and also took DNA samples and dropped them off at Richmond and what he was meaning I think was that they took the femur out of UC Santa Cruz. John Evers took a picture of what he took out and put in a clean bag for DOJ. So what that was, was a sample for DNA to compare against the swabs. Pictures were taken and all the pictures that were taken were marked as evidenced. That’s where we ended the morning session. Lingerfelt will be back on the stand, probably will be for the rest of the day.

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