FRANK CARSON ET AL 9-27-2018 TOM

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

09/27/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

WEEK 23, DAY 79

I walked into the courtroom this morning at 10:00AM with arguments already in progress. The first thing I heard concerned who was in the black car that allegedly drove by Michael Cooley’s house and made some alleged threats. There was talk about the testimony of John Paden. There was talk about Rudolfo Gonzalez, and how the defense should have the right to bring up the fact that he made threats against Korey Kauffman just days before he went missing. Judge Zuniga states that the jury will have to decide who is right. Judge Zuniga talks about a wiretap where Daljit Atwal and Baljit Athwal were complaining about someone taking their car. Judge Zuniga apologizes when she realizes that she was confused when she made some comments about this situation. Judge Zuniga states that this is simply an attempt by the defense to get around her ruling against 3rd party culpability on everyone except Michael Cooley. She states that the nexus has not been met concerning Rudolfo Gonzalez, and it is precluded. She states that it is hearsay. She allows some of the report concerning Rudolfo Gonzalez to be used by the defense, but prevents most of the report from being presented to the jury.

At 10:05AM, the jury is brought into the courtroom, and Detective Barringer is brought to the stand. Defense attorney Percy Martinez shows Exhibit 423, which is a flyer concerning Korey Kauffman, to Detective Barringer. He states that he recognizes the flyer. Detective Barringer’s name was spelled Darringer on the flyer. Detective Barringer states that Kevin Pickett already had one of these flyers when he went to talk to him. He states that he does not know who prepared the flyer. He states that he saw flyers on the internet when he did a Google search. Percy Martinez now brings up 6 different flyers for Detective Barringer to look at. Detective Barringer only recognizes one of these flyers, and says that he saw that flyer on the internet. He said that he saw this flyer when he did a search in early April of 2012. He states that he went to talk to Kevin Pickett on 04/10/2012. He states that he did not remember if Kevin Pickett had a flyer at that time. He states that he spoke to Kevin Pickett once again on 05/18/2018. On that interview, he was with Detective Frank Navarro, and Detective Jon Evers. Detective Barringer states that they talked about Kevin Pickett and Korey Kauffman going to Mulberry Mobile Home Park to buy drugs. He states that he investigated this. Detective Barringer states that Detective Frank Navarro presented the flyer to Kevin Pickett. He states that he did talk to Kevin Pickett on 05/18/2012. He states that he described the undercover truck, and the information was given to Detective Navarro. He states that he was present when this was done. Detective Barringer had to be refreshed to remember he said “Oh Really” in the interview. These words indicate that he was involved with the conversation. He now admits that Kevin Pickett told him about the undercover truck during the interview. This is objected to, and we have a side bar. Judge Zuniga overrules the objection to this question and answer.

Percy Martinez now asks Detective Barringer if Kevin Pickett had said that the last day that he saw Korey Kauffman on 03/28/2012 or 03/29/2012. Detective Barringer admits that Kevin Pickett never said the last day he saw Korey Kauffman was 03/30/2012. Detective Barringer testifies that he checked the department’s computer system, and found that the last contact the authorities had concerning Korey Kauffman was on 03/29/2012. He states that he gave this information to Kevin Pickett. Detective Barringer once again states that Kevin Pickett told him that he last saw Korey Kauffman on 03/29/2012.

Percy Martinez starts talking about an interview of Kathy Grinnolds that was done on 06/25/2012. He states that he does not remember if he told her the date that Korey Kauffman was last seen. He states that he gave her Exhibit 423, which was the missing person flyer that the family had prepared. Detective Barringer states that Kathy Grinnolds did not say anything about three people being on the Carson property. He states that he interviewed her son Sean who at the time was living with Kathy Grinnolds. He states that he interviewed neighbor John Borba, and gave him the copy of Exhibit 423 (The flyer that the family prepared.) He states that he left the flyer at the house where Christina DeFelippo was living at, and that he had contact with Christina DeFelippo on 06/28/2012. He states that Christina DeFelippo described two white tattoo laden men (The White Trash Twins) watching her house. Christina DeFelippo told him that two women came over a year before (Around June of 2011.) Christina DeFelippo told Detective Barringer that a family member of Korey Kauffman came over to talk to her. Detective Barringer states that when he talked to Michael Cooley, he said that he had gone over to the 9th Street properties to talk with someone named Bill Carson. Detective Barringer did not remember this when he was first asked about it, and had to be refreshed.

Detective Barringer tells Percy Martinez that he did not receive any information when he went uninvited to Frank Carson’s Law Office on 07/12/2012. He states that Frank Carson told him that he was in the middle of a murder trial after being refreshed. He also had to be refreshed when he was asked if Frank Carson had told
him: “I know how you do things.” He also did not remember that Frank Carson had sent him a fax on 07/13/2012. We have a side bar after this question. Detective Barringer finally admits that he had the fax on his desk at 8:00AM on 07/16/2012.

Percy Martinez gets Detective Barringer to state that he was an investigator that was present during the searches that were done on the Carson property. He admits that wiretaps were in place on 07/12/2012 when he visited Frank Carson. He states that he followed Frank Carson on 07/13/2012. He admits that he was part of the “Task Force,” but did not admit to calling it the “Task Force.” He admits that he was assigned to surveil Frank Carson by the “Task Force.” He states that Frank Carson was driving a white 1995 Chevrolet Suburban when he followed him. He states that he was driving a late model pickup truck when he followed Frank Carson. He states that Frank Carson did not speed, did not go to Pop N Cork Liquors, did not go to Walter Wells’ home, did not go to Scott McFarlane’s home, did not go to Eduardo Quintinar’s home, did not go to the Athwal’s homes, did not go to Mariposa, and did not go to visit Robert Woody. Detective Barringer states that Frank Carson eventually ended up at his Turlock property, and was checking his property and the locks on his storage containers.

Detective Barringer states that two sets of cadaver dogs were used to search the Carson properties and the neighboring properties in Turlock. He states that he did not have an appointment when he went to the Law Office of Frank Carson on 08/09/2012, and this visit was around three weeks after the searches of the Carson properties. We now take a break until 11:10AM.

After the break, Percy Martinez goes into how Detective Barringer had gone to Frank Carson’s Law Office on 08/09/2012 and delivered a sheet of questions. He states that it was 6:16PM, and admits that the office was closed at the time for business. He states that he knocked on the door, and eventually entered the office when he discovered that the door was unlocked. He states that he saw Georgia DeFelippo when he got inside. He states that he recorded this encounter, but states that he did not record his conversation with Michael Cooley. He states that he prepared a report after he visited the law office of Frank Carson, and gave the report to Kirk Bunch, Frank Navarro, and Jon Evers.

He states that when he followed Frank Carson, that Frank went to the dump on Fink Road in Crows Landing. Frank then went South on I-5 to Stuhr Road, and took Stuhr Road North back to Fink Road. Barringer states that he did not follow Frank Carson after he went to the dump on Fink Rd in Crows Landing, because Fink Road ends at the dump. He states that he turned the surveillance over to Frank Navarro after Frank went to the dump. Percy has no further questions at this time.

Defense attorney Hans Hjertonsson takes over. Hans talks about when Barringer went to visit Daljit Atwal at Pop N Cork Liquors on 07/02/2012. Barringer states that Daljit Atwal offered Barringer a drink, and they went to a back room to talk. He states that Daljit Atwal was respectful, and courteous. Barringer states that he showed Daljit a photograph of Korey Kauffman, and that Daljit did not recognize the photo, but said that the person might have been in his store. Barringer states that Daljit told him that Korey Kauffman’s parents had been to the store. Daljit told Barringer that he works at night at the store, and he is at the store after 4:05PM daily. Barringer states that he had contact with Michael Cooley on 04/10/2012, and that he seemed to be confrontational, excited, and talkative. Hans tries to show that Michael Cooley was on drugs because of his behavior, but this resulted in many objections, and eventually a side bar. After the side bar, Hans asks Barringer if he had ever arrested anyone for a 11550, which is related to drugs and narcotic possession and use. Barringer: “Yes.” Barringer admits that he has been trained to recognize a person being on drugs. Barringer has to admit that being excited and talkative could indicate that a person is on stimulants. Barringer denies that he asked Kevin Pickett when the last day he saw Korey Kauffman was, but that he was present when one of the other investigators asked the question. Hans has no further questions.

Jai Gohel takes over asking the questions. Barringer admits that he used information provided by Ms. Gonzalez to conduct further investigation. Barringer admits that writing reports is important. Barringer admits that he did not record the interview of Michael Cooley on 04/10/2012. He states that he summarized the interview with his report. Jai Gohel gets Barringer to admit that Michael Cooley spoke of Korey Kauffman in the past tense three times during the interview. Barringer states that he never told Michael Cooley that Korey Kauffman was dead during the interview. Jai points out that Michael Cooley was talking about Korey Kauffman in the past tense less than two weeks after he had gone missing. Barringer admits on the stand that Michael Cooley was the last person to see Korey Kauffman alive. Jai Gohel now goes into the 06/25/2012 interview of Baljit Athwal at Pop N Cork Liquors. Barringer states that Baljit Athwal was polite, and was working at the counter. Barringer states that he left his card with Baljit, and told him to call him if he saw Korey Kauffman. Barringer states that he did canvassing of the neighborhood on 06/25/2012, but did not have a form to follow for the canvassing. Barringer states that he documented the canvassing, and that the canvassing was done less than 3 months after Korey Kauffman had gone missing. Nobody reported anything about hearing gun shots, or skuffles.

Jai Gohel gets Barringer to state that he gave Christina DeFelippo a flyer on 06/25/2012. He states that she was not there when he left the flyer. He states that he made contact with Christina DeFelippo after he left the flyer, and that they flyer said that 03/29/2012 was the date that Korey Kauffman was last seen.

Jai Gohel, after Judge Zuniga reviewed some transcripts, was allowed to ask Barringer if the DA’s Office had shown an interest in the case less than two weeks after Korey Kauffman had gone missing. Barringer states that Kirk Bunch was already involved with the investigation at this point. Barringer is asked if the DA’s Office was holding daily briefings on the case. This was objected to vigorously. Judge Zuniga sends the jury out early for lunch at 11:45AM.

After the courtroom was cleared of the witness, and the jury, Judge Zuniga tells Jai Gohel that he will have to re-phrase his question. Judge Zuniga now states that a question about Michael Cooley being on probation is not relevant. She states that only his convictions are relevant. Jai Gohel states that Michael Cooley has already testified that he consented to searches because he was on parole at the time. Jai Gohel states that this issue is already before the jury. Judge Zuniga states that the question is still not relevant. It is time for lunch now. I will be there tomorrow morning to report on what I see and hear.

Sincerely; William Thomas Jensen (Tom)

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