Good evening, no its lunch time; good afternoon everybody. This is Marty from Dawgsblog. This is the noontime report of the Frank Carson et al trial of September 25, 2018.
Court was scheduled to start at 9 AM. Judge didn’t show up till almost 9:30.
The jury was supposed be in court at 9:30 and of course it didn’t happen, and she said she received a note from the jury commission. There is another issue apparently of some sort with juror number eight again and that’s going to be addressed shorty.
They’re talking about the Gray Berg case that they were all supposed to read and discuss over the weekend and talking about the Robert Woody statements that were made in the body wired on Maranda Dykes and Percy Martinez argued the relevant issue of declaration of interest and defendant implicating another co-defendant is not in this case. Robert Woody is not a co-defendant in this case, he’s already fled out. Judge Zuniga said the defenses argues that’s a declaration of interest. The DA says it’s an admission even if it is part of this case, it still needs certain aspects, mostly directing her comments towards the DA. Del Lingerfelt can identify voices in the wire and such to identify people, which can also be identified Del Lingerfelt that the played tape may not be played to do such. And the DA’s other argument as a furtherance of conspiracy to obstruction of justice was ongoing and she said it really doesn’t wash Robert Woody’s not trying to hide that he killed anybody, is accepting responsibility, though in his testimony he was being stupid, quote unquote; trying to impress a girl and talking about homicide. She said Robert Woody was very upfront about the homicide, not trying to hide it. She also noted that most guys go around trying to impress a girl with nice jewelry and stuff but Robert Woody talks about killing people. She said there is no legal basis to get in the information at this point. Dell Lingerfelt can be called later and that’s when the Robert Woody’s testimony is going on and that’s the kind of a different situation than what they were talking about it now. Also, the DA turned over reports and documentation that they received from the IA investigation for Scott McFarlane and Quintenar Also turned over response to motion for the misconduct so that motion has been filed with the court so it will take a while to be at the clerk’s office so maybe by the end of the week I might be able to get a copy. Judge Zuniga did reviewed the response and she said she objects personally. There is no defense objection. At the very end the internal affairs information is not accurate and needing to do a Pitchess motion so it is not sure this is actually going to be allowed to be filed anyway.
Jai Gohel noted the DA said there is no joinder by Baljit Atwal. He was not aware that they had to do it in writing, it was he thought he was covered under the Percy Martinez- Frank Carson motion, but he will do so in writing. Percy Martinez also noted that he thought he was filing for all defendants’ behalf. So the joinder suit to be filed by all. Marlissa Ferreira also noted that there was another witness added to the list. It was the person who took the cheek swab at Trina Richardson in Texas, the sheriff department criminalist over there and she is been added to the list to advise a jury in case there’s anybody knows that person.
Judge Zuniga then starts talking about she had a note from the jury commissioner in regard to juror number eight and she thought about it for a minute and then went into chambers and they discussed the issue in chambers. I have no idea what it is. So, will find out eventually.
After they came out of chambers, Dr. Allison Galloway from University of California, Santa Cruz was called on the stand. The DA starter direct with Dr. Galloway. She’s a professor of entomology of University of California, Santa Cruz, she’s a pathologist. She looks at human bones for determination, I should say to make determinations in the pathology aspect. She went through her educational experience, which was extensive and not as extensive as I thought it might be. She has a bachelor’s and a PhD from the University of Arizona, and she teaches at University of California, Santa Cruz. At that school, they do pathology and they have a lab at the school that does forensics of the remains. She has testified about 20 times as an expert, as in a pathologist in court and she was first certified as pathologist in 1994 and she’s had experienced doing about 400 forensic exams. She was submitted as an expert at that point. There was no objections by any attorney.
She said on October 10, 2013, she received the remains from Del Lingerfelt that was packaged in a large paper bag that had the remains were inside of a blue body bag. Inside the paper bag in there additionally, there was some two other body bag,unused body bags contained in therefore to be returned to Stanislaus County. She said she noted there was, there were loose bones. It wasn’t a complete body and there was no soft tissue, but there were some, I think she called it porosity membranes still attached means pieces of some membranes still attached to some of the bones. She said there was extensive rodent marks on the bones. They were unknown type of rodents but did a biological profile for identification and any damage to those bones. She said the sex of the person was determined by the narrow pelvis bone as males have a narrow, females have a broader pelvis for childbirth, and this was a male. To make a partial age determination, they also look at some of the pelvic cartilages deterioration which makes it can be up to 70 years old, but more than likely around the low 20s to the mid-20s to the 40-year-old range. They put up an easel with the whiteboard using some skeletal pictures and she said the spine to the pelvis was missing due to rodents activity. She said the skull determined it was more than likely European characteristics and the stature of the remains showed that he was probably around 65 inches to 71 inches tall. She said there is nothing distinctive in the teeth other than a couple of fillings. There was no ante-mortem issues also noted post-mortem issues were none. And the ante-mortem, pre-death issues injuries, there was nothing showing during or just before during the death is the post-mortem. There was no issues noted there and there was what she called no radiopaque of the bones. Now the radiopaque of the bones is when they take x-rays and if there is any lead that account gone across a bone like in a bullet crossing through a body and scrapes the bone leaves a lead residue on that bone will show up in there. The x-ray and is what they call radiopaque and there would be an indicator that a bullet had passed by a bone. None not initially hit a bump passed by a bone left lead residue. There was no none of that noted she said after there was post-mortem damage which means after death, damage due to the animal scavenging. There was extensive rodent damage. She said the remains were down around three months to two years. That was two years maximum. She said she says based on decomposition. She also looked at the board and that they had upon the easel with the skeleton and it showed white areas where there were remains in that there was dark, blacked out areas that were not recovered there, with the feet were not recovered, the hands were not recovered and parts of the spine were not recovered, at the base of the skull and with the spine goes into the pelvis region. She also noted that some of the ribs were the ribs were only partially present, so she could not review the upper rib cage, the shoulder blade , the arm bone, the right and left hands, the kneecaps, both feet and the upper neck vertebrae. Those were all missing so she was not able to do an evaluation on those. Again she said the body had been down three months to two years and she used that estimate because there were still some soft tissue on those bones. The exam is done on October 12, 2013 and the remains were then returned to Stanislaus County coroner’s and they were picked up on October 17, 2013 by Del Lingerfelt. She did not recall Del Lingerfelt actually picking up the bones for taking the day one of the bones for DNA testing and separated out from the others.
Marlissa Ferreira had no more further questions at this time. Percy Martinez began cross he was asking about the rodents nine was extensive as on many edges of the bones, but not every bone had been affected by the rodents and they talked about the ante-mortem trauma, which is prior to death. Like if you break a rib limb you know when you’re a kid it shows up as is damaged later on that you could see like a scar or whatever they call it there. She had a term for it. I forget what it was it. She’s called a raise callous area. It would show up, a blow to the skull would show up 1 to 2 weeks prior. So if there was a blow to the skull, one or two weeks prior. It would show there was no pre-mortem damage just prior to death or during death, that is not healed and she was asked just prior to the death or around just the time of death, it would show. She said you know she said yes .
With no further questions by Percy, Attorney Hans again talking about the ante-mortem would be a break as a kids show up as a callous area. The pre-mortem during or or just prior to the death and no traces of lead in the radiograph on any bone so there’s no traceable bone. The admin increase by a bullet in any part of the remains.
Jai Gohel had no questions. The DA is again talk about the post-mortem due to not again she said will not happen all the bones forward to do a proper evaluation could not only means are there and in regard to the skull, she cannot. They could not tell if there was a hematoma, or any type of injuries to the skull – and they can’t see because there are no, only the bones remained of the skull and there’s no other way to tell if there was any type of injuries because there was no breaks or cracks or skull fractures anything along that line. There had no further questions.
Percy Martinez only had one question to ask, he said he just want to clarify that she is unable to determine if the remains had been shot and she said that’s correct. The witness was done very, very quick, very good witness. Actually, she was very honest and straight to the point.
District Attorney’s Office then called the DNA expert Heidi Marotta to the stand. Heidi Marotta is currently working for the DOJ lab in Ripon but had been working at the Richmond lab. She been at Ripon for about four years, back to working at the Richmond lab, prior incidents of testing. She also testified in the prelim. She been working for the criminalist at the DOJ for about 12 years, has worked at the Ripon lab since 2014, work in Richmond since 2006 to 2014. It is an accredited lab. After they went into little bit how that’s inspected and to show that they’re adhering to specific standards in all types of forensic testing. They went into her qualifications at education. She has a BS biology. I’m not going to all of it, that she has a chemistry minor and she has ongoing training and just told show proficiency in all areas of the lab before she’s allowed to do start and has to show ongoing proficiency in the labs. They also knew she also talk about buccal swabs, the gold buckle like a belt buckle swab, it means it’s a cheek swab that they used to test for DNA. She has testified as an expert as to DNA in court about four times. She said she did to DNA samples of two buccal swabs one was from Anthony Kaufman, the other was from Trina Richardson, both the biological parents of Cory Kaufman she did in the DNA extraction. She went through the process, I’m not gonna bore you with it, that she extracted the DNA, equipment she quantified and analyzed , both samples she actually does not give the results as handed off to somebody else to give the result, the other criminalist, I think it was her supervisor Heidi Elliott which we also saw in the prelim, did the actual DNA profile. She basically just does the lab work and on October 23, 2013 was the last day that she had done the work on this case. She uses same exact eight identical procedures on both the samples and both samples were sufficient for profiling and all results go through what they call a technical review to make sure techniques were proper and administrative review for that sound like mostly typos and stuff in the reports to make sure of things written properly.
So, about this time the jury, it’s just about lunch at 11:54 and they went to lunch and Marlissa Ferreira had asked her a question about the degradation of blood on the body that’s exposed to the elements. This was objected to by the defense and the judge.
That’s when the judge sent the jury out to lunch. She said so what the DA was asked about and it was objected to by the defense is claiming to Jai Gohel said has not been submitted. This type of information there only submitted zoology and how the DNA is extracted in that and they were not notified about this information. There is no report information of, there’s no experience, information that she has on degradation of blood or anything along that line. He request a 402, which is an evidential hearing. Percy Martinez also joined Jai Gohel request and he says they also said there was no previous information provided, no discovery provided in this area, is just something that Marlissa Ferreira went into would seem to be a regular habit.
At this the judge sent everybody to lunch and they will talk about this at 1:15 once we will be back in the courtroom to talk about this at 1:15
Don’t forget the podcast tonight and I also have T-shirts still available if anybody’s interested. See you tonight
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