Good morning everybody, this is Marty from Dawgs Blog. The noontime report of the morning session, Frank Carson et al trial on September 26, 2018.
Court was scheduled to start at 9 o’clock this morning. Judge got on the bench at 9:25 . Jury was up shortly thereafter about 9:28. She gave the attorney some citations to read and it wasn’t clear to me what it was for. I believe it has something to do with the issues that they were talking about yesterday afternoon that led to all these issues. You may not notice, but I’m down here by Family Court today and there’s a lot of unhappy people down here today.
So, there were some general business talk about, there were citations that she gave, some evidence presented in fairly from the prelim or some that they wanted to classify to be marked as evidence for the trial. Again, I don’t know what it was.
The DA was also asked who will be next on the witness list, in the next few witnesses. Deputy Barringer was here today to go on the stand. Also, Dominic Saldana, once again they’re unable to find him again. Last time Steve Jacobson had to physically bring him into court once he was located and then there some law enforcement officers coming up in regards to the search warrants.
So, at this time a Kathryn Gildner was called to the stand, and everybody was saying, who? Kathryn Gildner was brought out here last night from Texas. She was the criminalist who did the buccal swabs on Trina Richardson and nobody really understands why she’s being flown out here in the middle of the night, to come here and see are not questioning the buccal swabs are the testing procedures that was done for identification of the parents and the remains of Cory Kaufman. Miss Gildner is a crime scene investigator from the Ellis County Sheriff’s Department and the town called Nietzsche Texas or something like that. They went through her qualifications and her education. She’s had some experience in several different agencies and had testified in court about 5 times in regards to her work. She said she did the buccal swab at law enforcement’s request on Trina Richardson. She took a sterile cotton tip swab just inside her mouth. And that’s what they called buccal cells. The swabs were taken. They were secure, the report was done and placed into evidence. About that time there was a sidebar, fairly animated and they came back. She was asked the name, if she got the name of the person that she had taken sample from. She said no, so she was asked the process and she said she really didn’t recall if she asked the person a questions and did not ask for any identification that she could recall, but she did wrote down the name Trina Richardson on the evidence envelope and all the appropriate paperwork. So the next sample was taken on 10:13 around 4 PM. The DA at this point had no further questions. There were no questions by the defense. So, she was brought up from Texas to testify to that, another cost this case.
Kent Barringer and a detective in the Stanislaus County Sheriff Department was called on the stand. He has been a detective for 17 years, he worked patrol for the first 6 or 7, school resource officer in Patterson, then back on patrol and then he worked on what they call community cars or community Deputy, they work on certain areas and get involved in activities with the community like neighborhood watch and things like that and then they combined all those community deputies into a crime reduction in April 2012. He was working in the crime reduction team and he was assigned to a missing person case of Kory Kaufman. He was also notified that Frank Carson was a person of interest in the case. He met with the community service officer by the name of Gonzales for more of the missing person information, getting the reports and the missing person reports go to the community service officers for follow-up. I noticed there were many objections. All of these were because as a lot was hearsay, as what he saying that he got information from. Marlissa Ferreira started getting a little low, bouncing on her seat a little bit. He said he did reviewed the reports. Marlissa Ferreira, and with all the objections that were sustained because of the hearsay that she kept wanting to put in asked for a 10 minute break and she wants to talk to her witness. She did go into the private room with the witness and was in there for several minutes.
The jury was sent out at 9:55, so the jury was in there for a total of 27 minutes. We returned back into the courtroom with the jury at 10:13. He was asked who he talked to in a missing person case and he said also the reports that are made in those cases are from a public employee being police officers are community services officers and the reports are made at the time of the call. There was a case report that came in regards to missing person and the people that he was directed to go talk to. He was asked if Kevin Pickett ever made a report, he says yes. The district attorney was trying to submit the report itself as evidence; objections all around the room. The judge said to go to another area of conversation and the DA said she can’t until its sorted out. This led up to all the other questions that she has. So, again, at 10:16, three minutes later, the jury was sent out again and this led to a long argument between attorneys. They were looking at just assignments manual and the records of public employees are admissible as she said that; this is the DA’s argument. She said that she had shown the writing of the report of the missing person of Kory Kaufman and Kevin Pickett was a source and he was scared and worried and also Sandra Pickett. There was information from Sandra Pickett. The sources are trustworthy. Jai Gohel argued as to the levels of hearsay. Police reports are not allowed to come in due to the hearsay problem that was involved in those reports. She can go around this and assess in different ways. Percy Martinez said they typically business records, etc. are more concrete information. These reports are not due to the hearsay aspect. Attorney Hans said it does not qualify under the exceptions to the hearsay rule in this section that she had quoted, that it is hearsay that should not be a Marlissa Ferreira was trying to argue again. It’s an official record to Sheriff’s office document entered into their system. The information that Kevin Pickett reported as Kory missing and was placed into a database.
Judge Zuniga, at this point, looked very confused today and she was talking about Kevin Pickett’s testimony where the officer called Kurt Bunch from the scene and that wasn’t Kevin Pickett’s testimony that was Michael Cooley’s testimony and she was stuck on that and said stuff from that for a few minutes.
Percy Martinez interjected that Kevin Pickett testified on July 29, I’m sorry, March 29, 2012 when Kory Kaufman went missing, is the day that he testified to. He said again that the report is hearsay and the information was taken by another officer not Ken Barringer. Judge Zuniga noted that police reports are not considered business records, she read from the assignments; just assignments book and other sites. Only public employees can testify or be admitted, government, business records, but law enforcement reports are not part of what’s considered those business records. The police report and the information contained in was from a civilian witness or victim is not admissible. Civilians do not have a duty to report honestly like public employees do accurately and honestly. So, Detective Barringer cannot testify with what this community service officer wrote down, but she can, the CSO can be called conversely. Kevin Barringer cannot testify to what’s in the report or what was said.
The judge advised the DA if that’s what she wanted she had to bring this service officer Gonzales into do-it-yourself. So note at this point, again, the jury had been out about 48 minutes and they were called back up at 11:04. Ken Barringer, again talking about if he spoke to Gonzales and getting information in regards to Kory Kaufman case. He did not talked to Jason Gardner, but he did get the report that he had filled out on this case. He said he talked to Mike Cooley on Lander. He said that Kory Kaufman was at Cooley’s house on 3 -3o of 2012. Kory Kaufman made the statement that he was going to the property at the rear of the house, which he frequent, Frank Carson property to steal some metal. Mike Cooley, he kept saying that Kory Kaufman was his best friend and he left his bike at Mike Cooley’s house and there were rumors around town. He also noted that Mike Cooley was talking in the past tense constantly about Kory Kaufman. He was a good guy, he was my best friend, he was like a son to me, and he wasn’t talking like he was reporting a missing person. Kory Kaufman had never returned to the property since March 10, 2012. Mike Cooley said the Frank Carson own the property and he was an attorney, the property behind him that what was what we constantly called the back property. Mike Cooley said he had been confronted by a caretaker and accused of thefts. He also said it was a private investigator that he talked to Cooley on in April 2012. He was asked if Cooley had any visible injuries on his body and he said there were none. He said Mike Cooley was excited, talkative and concerned. Again Mike Cooley talked about Kory Kaufman in the past tense and was his best friend. He was very excited in almost confrontational type of attitude. Mike Cooley he said was very apparent what happened on Kory Kaufman went missing after going over to the property. Also noted here, the DA was continually asking extremely leading questions continually getting objections and have to re-asked the questions, has become a very bad habit; she’s always done it, but it’s even worse at this point. Ken Barringer also said Mike Cooley said, Kory Kaufman was his best friend and would outweigh the kind of relationship. Cory Kaufman was like a kid for us, was a kid and like a son to him. He felt like he lost a son. He said that he then went to Kevin Pickett’s house, oh he was asked if he saw the bike over at the Cooley house and he said no, he didn’t see the bike. He went to Kevin Pickett house and Kevin Pickett said he had gone to Mike Cooley’s house and he said he didn’t see the bike there. Barringer did not ask about the bike. Apparently, it was just kind of brought up but Pickett said Kory Kaufman always had his bike and Pickett had no contact with Kory since he disappeared since he last seen. He said he last saw him on 3- 30 of 2012. That’s not what Kevin Pickett testified to, but that’s what it said in that report. Kevin Pickett also said that he went to 9th Street to check around to some of the addresses around there. He said there was a Bill Carson that was a caretaker of the property over there. Kevin Pickett gave receipt from Modesto junk company that was used with Kory Hoffman’s name on it on 3-22 of 2012. He said he did a camp canvass of the Mike Cooley’s house on May 4 and also in the 38, 9th St. at Yanni checks around the area also. Barringer said that he went on also on May 4 he went to several businesses on Lander and others sorrounding area, did attempt to try to get some video footage and he said he had no luck. There is an ambulance company across the street. There’s a transmission shop in the area, there’s some businesses in the area. he said in May 2012 there was no other deputies assigned to this case but also towards the end of May 2012, there were some wiretaps that were up but he wasn’t aware of the exact dates and he was not maintaining those wiretaps but he did do some interviews based on the information that came out of those wiretaps. Then they went down to the interview that was done on Dalgit Atwal on June 25, 2012 but then he changed it, was actually July 12, 2012. I don’t know what’s going on there, but that’s he said that’s the date he interviewed Dalgit Atwal. He knew Dalgit Atwal from the investigation. At this point there were objections. She wanted to go into some of the information how he received information in regards to Dalgit Atwal. There were many objections. At 11:40, the jury was sent out to lunch. He said there was conversation on Dalgit Atwal, I’m sorry, the judge was making the comments, asking how Dalgit Atwal came into the picture. Robert Woody and Dalgit Atwal will go to Mike Cooley’s house, Mike Cooley reports it to Barringer. Law enforcement became a focus, two law enforcements, Dalgit Atwal became a focus after the information about Cooley and apparently some wiretap information had come up. Again, Percy Martinez argued that these information, these police reports that she’s trying to bring out are hearsay and are not allowed. Attorney Hans argued that the DA said she would lead the witness, she said you want to lead the witness so she not going to some areas are not allowed in some of the limine motions and there is some information and the judge felt was prejudicial so she want to lead the witness and they didn’t stray into these taboo areas. The Mike Cooley incident in May does not lead to Barringer’s conduct so Hans saying that what they’re talked about Mike Cooley incident does not lead to what Barringer’s conduct was up what he did on, says the facts are not relevant. DA trying to cooperate other witnesses testimony instead of just getting first-hand information from witness. Judge Zuniga saying she’s not familiar with the reports information and what she is not allowed and so she started asking the dates of the limine motion in trying to clarify that a little bit. A lot of confusion is going around the room because Marlissa Ferreira wanted to say she just won the lead and she knew there’s areas and she just wanted to lead the witness so doesn’t go into the taboo areas. She kept repeating that just giving the judge, the date of the limini motion and they were all now, trying to figure out which data was. Hans kept saying they’re trying to put out some information does not allowed. The DA saying ,she still saying that she’s trying it doesn’t matter, the issue is whether or not the DA is leading and that’s not the argument the defense is making but she keeps saying it over and over again. There’s a long argument as to what is and what is now, so what the judges will do at the lunch hour. She’s gonna review that limini motion if she can locate it. She has no idea what the dates are anything, she’s really confused today and she also overrules the defense in regards to the DA asking leading questions and keep the witness from straying into those 7 areas that he is not supposed to talk about.
So that’s where we broke for lunch. We’re back at 1:30 and Debbie Barringer will still be on the stand and I don’t really see him on the stand much longer and I don’t know who they’re going to have up after this. Don’t forget the podcasts at 6 o’clock.
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