FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
WEEK 23, DAY 77
TRYING TO PULL A FAST ONE
Court was supposed to start at 9:00AM this morning, but Judge Zuniga was late again. If a juror was late as often as the judge, I have no doubt that the juror would be replaced. We start out at 9:37 with Judge Zuniga stating that we have another problem with juror number 5. It is obvious to me that the judge does not want to speak publicly about the problem with the juror, and the judge changes the subject. She starts talking about case law that she had gone over while at home. It concerns the tape-recorded confession of Robert Woody that was captured on the body wire that was worn by Miranda Dykes. Miranda Dykes is missing in action currently, and it appears that the tape-recorded confession will not be allowed to be played in front of the jury unless she is found, and is available for the defense attorneys to cross examine on the stand. Judge Zuniga states that this tape recording might be able to be played after Robert Woody testifies.
It appears to me, that Marlisa Ferreira is taking as much time as she can to put Robert Woody on the stand. It may be the Miranda Dykes situation, and it may be that she is trying to delay the close of her case in chief until the November election for District Attorney is concluded. This would make it much easier for Birgit Fladager to get elected. Marlisa’s case against the defendants is failing miserably at this point. I do not see any way that the defendants will be convicted based on how her case is going. Judge Zuniga states that Woody’s recorded statement has to be offered against a declarant. She states that the jury does not need to listen to the tape recording because the jury can get the information from Investigator Dale Lingerfeldt. Judge Zuniga states that the defense is arguing that Robert Woody was trying to impress Ms. Dykes. It appears to me that Robert Woody was trying to get into Ms. Dykes pants. Judge Zuniga states that nothing of this issue had anything to do with trying to hide a conspiracy to commit a homicide by the defendants. She states that Robert Woody has not testified, and therefore has no prior inconsistent statements. Judge Zuniga rules against Marlisa Ferreira. Marlisa Ferreira states that she will put Investigator Dale Lingerfeldt on the stand right before she puts Robert Woody on the stand.
Marlisa Ferreira now states that she is seeking the personnel files of Eduardo Quintinar and Scott McFarlane to present in front of the jury. Judge Zuniga tells Marlisa Ferreira that her request for the personnel files is very broad, and that will most likely be a problem for her.
Marlisa Ferreira now speaks about the DNA buccal swabs that were taken from Korey Kauffman’s biological parents Trina Richardson, and Tony Kauffman. She states that she is flying in a nurse from out of state that took the swabs for testimony. She will testify about the collection of the swabs, and the chain of custody of the swabs after they were taken. She states that this witness is a crime scene investigator, and a criminalist who works for the Ellis County Sheriff’s Department in Waihatchi, Texas. Judge Zuniga now states that she wants all the lawyers to go into her chambers to discuss the problem with juror number 5. Marlisa Ferreira states that the witness she is flying in is named Kathryn Gildner. It is determined that none of the jurors knows this witness.
At this point, Marlisa Ferreira calls Dr. Alison Galloway to the stand. She is a professor of anthropology and forencic anthropology that currently works at U.C. Santa Cruz. Dr. Galloway got her Bachelor of Science from U.C. Berkeley, and her Masters of Science degree from the University of Arizona. Dr. Galloway testifies that she has a laboratory at U.C. Santa Cruz. She states that she is board certified, and has testified around 20 times in court, and has testified as an expert in court 12-15 times. She is quickly certified as an expert by Judge Zuniga.
Marlisa Ferreira gets Dr. Galloway to testify that she received the remains of Korey Kauffman on October 10, 2015 from Andrea Stewart and Detective Dale Lingerfeldt. She states that the remains were contained in a large brown paper bag that contained one white body bag, and one blue body bag inside with the remains. She states that the remains included loose bones that were mostly de-fleshed. She states that the bones had some slight soft tissue present, and some periosteal membranes attached. Dr. Galloway states that there was extensive rodent damage to the bones, and some evidence of larger carnivore damage to the bones.
Dr. Galloway states that she proceeded to look into the biological profile of the victim. She determined the sex of the victim by looking at the pelvis. She explains that a female pelvis is larger to accommodate the birth of a child. She determined that the victim was a male. She determined the approximate age of the victim by looking at the pubic synthesis joint, and determined that the age of the victim was from the mid 20’s to the 40’s-70’s. This seems to be quite a wide range for the age of the victim. She states that she saw no signs of osteoarthritis in the victim, so this would put the victim’s age at less than forty years. Dr. Galloway states that she produced an inventory of the remains, which is now labeled People’s 422. She states that she determined that the victim was most likely European, and had a few teeth with some fillings in them. She found no anti-mortem trauma. This would be trauma that occurred before the victim died. She found no peri-mortem trauma on the remains. This would be trauma that happened to the body at the time of death. Dr. Galloway states that she did radiographs (X-Rays), and found no evidence of any lead residue on the bones. Lead residue would have showed up as what she called radiological opaque areas on the X-Rays, and would have indicated that the bone had at least been grazed by a bullet. Dr. Galloway states that there was extensive post-mortem damage to the remains from rodents scavaging the body.
Dr. Galloway estimates that the body had been exposed to the elements for at least three months to less than two years before it was found. She states that she did her examination of the remains and returned them to Investigator Dale Lingerfeldt on October 17th, 2015. She states that she made no markings on the box that contained the remains. Marlisa Ferreira has no further questions at this time.
Percy Martinez goes over the extensive rodent damage to the remains, and Dr. Galloway’s finding that there was no anti-mortem damage to the body found. He goes over Dr. Galloway’s finding that there was no peri-mortem (At time of death) damage found to the body. He goes over the fact that Dr. Galloway did not find any evidence of any blows to the head before death. He has no further questions at this time.
Defense attorney Hans Hjertonsson once again goes over the same findings that Percy Martinez went over. He points out that Dr. Galloway did not find any traces of lead on the bones in the X-Rays. Hans has no further questions at this time.
Marlisa Ferreira has Dr. Galloway testify that she was impeded in finding any evidence of lead on the bones by the extensive rodent damage that was done to the remains. She has no further questions. Percy Martinez once agains points out to the jury that there was no evidence that the victim had been shot. Dr. Galloway is now allowed to step down from the witness stand.
We now have to take a break, because Marlisa Ferreira’s next witness has not arrived at the courthouse. About 30 minutes later, Marlisa Ferreira calls Heidi Morada to the stand. She is a criminalist that works for the California Department of Justice at their facility in Ripon, Ca. She previously worked at the Richmond Data Bank. She has worked in Ripon for four years and has testified as an expert in DNA and Serology 4 times as an expert. She testifies that she received 2 items for analysis from Investigator Dale Lingerfeldt. The first item consisted of 2 buccal swabs, and the second item contained 1 buccal swab. She states that she completed her analysis of the swabs on October 23rd, 2013.
At this point, Marlisa Ferreira tries to go into something that results in loud, and immediate objections from the defense attorneys. She tries to ask Ms. Morada how long blood evidence would last on remains when they are exposed to the elements. This results in the jury being sent out of the courtroom for an early lunch. After the jury is out of the courtroom, and the witness is taken off the stand, we have a litteral war of words concerning this issue. Jai Gohel states that Marlisa Ferreira is trying to get into a completely different area, and he requests a 402 hearing on this issue. He states that Ms. Morada had simply analyzed the buccal swabs and should not be used for this type of testimony. We are now done with the morning session. Be sure to listen to Marty Carlson’s Podcast tonight to find out what happened in the afternoon. I will be there in the morning to report on what I see and hear.
Sincerely; William Thomas Jensen (Tom)