Good morning everybody. This is Marty of Dawgsblog. This is the noontime report of the morning session of Frank Carson et al. on September 27, 2018.
Court was scheduled, actually started at 9:30; I thought it was 10 o’clock, but I got here early anyway. Judge was on the bench around 9:40.
They want to talk about, before the jury gets up, they want to talk about this flyer which is evidence number 423. The DA objected due to third-party culpability where it says on the flyer that somebody tried to kill, attack, kill whatever, Korey Kauffman just a few days prior to him going missing and then named, I believe, it was Rodolfo Gonzalez that was named in the flyer and she said it’s highly prejudicial. There were also some comments in there that idea he was threatened to be cut from ear to ear. There was no information where the accusation came from, this is some information that was put up by the family, was from the flyer came from, not through law enforcement. Percy Martinez argued that the DA’s first objection that she had made was about the date that has been put on the flyer of 3:29 of 2012 and that was the date that the law enforcement was passed around. The second was a year-to-year statement that could be redacted. He also noted there was mostly a black car that threatened Korey Kauffman. It was an unknown make, Rodolfo Gonzalez had driven a black car. Also, the defendant was not going to show Rodolfo, the defense was not to show Rodolfo Gonzalez was responsible for the disappearance, only that the there were some threats prior to that. Lynette Clarity witnessed threats by others, and they want flyer as to other threats only and theres not anyone. Apparently, there were several other people that made threats to Korey and there’s not anyone that they were naming by name. Marlissa Ferreira argued they can’t get around the hearsay, they can call Lynette Clarity if they still want to get this third-party culpability stuff in there. The Rodolfo Gonzales incident was totally separate and different. She said there was no doubt the threats have at Korey Kauffman’s house was Robert Woody and a BMW car and she said the information was also two levels of hearsay. Percy Martinez argued that the people were very quick to jump to the fact that it was a newer vehicle at the Korey Kauffman residence. John Payton was not clear about that in fact that he compared, the car to his sister’s car which was a 90’s model which was a lot older than the vehicle there that was supposed to be the Atwal’s vehicle. Kim Stout never ID the cards. It was Kirk Bunch who said it was a BMW, not Kim Stout. Attorney Hans made an argument that appeared that the District Attorney’s Office was picking and choosing what information what witnesses they want to count on and what they said. John Payton was not that clear. They were not clear about what he had said and Kim Stout was certain it was not Bobby or Dy Atwal in the car. Jai Gohel argued that objection was made after the DA had already marked the evidence that was in question. The DA brought it up originally, showed it to Deputy Barringer and then had it marked it as evidence #423. The DA is now objecting to the evidence that she had put in. Marlissa Ferreira said they can look at the transcript the two things that Kim Stout ID the car and Dalgit Atwal and Robert Woody was in the car. Lynette Clarity said she did not say Robert Woody’s in the car but Rodolfo Gonzalez. She said John Payton agreed with the Kirk Bunch claim that it was a BMW and Robert Woody also said that was him and Dalgit Atwal. John Payton said only one person was in the car and now describing some other male in the car
that shows another incident with Korey Kauffman DA was throwing out many theories here. Judge Zuniga said it’s up to the jury to determine in regards to the Kim Stout testimony but the DA is complaining, I’m sorry Dalgit Atwal was complaining they took the car. Now listen to this closely, Dalgit Atwal complaining that they took his car, but the DA did, to Marlissa Ferreira and to her credit, did point out that it was the Mike Cooley incident where that happened and not the Kauffman incident at his house that Judge Zuniga referring to subjects and again judge was confused judging us as well. It appeared again that if the defense was trying to do, and around on the third-party culpability for she has not allowed anybody but Mike Cooley to be questioned as part of third party culpability. Maybe somebody else could have done the crime. She has not allowed anybody else, and it is still not allowed, is also hearsay. The DA’s objection was sustained. Judge Zuniga then went through the flyer line by line, having redacted in certain areas.
At 10:05 the jury was called up. Ken Barringer was on the stand. Percy Martinez continued his cross of Barringer by showing him the item numbers 423 which was the flyer again and said Kevin Pickett had made up his own flyers. He saw some flyers on Google searches on the Internet, remember the said flyers like in plural that he showed Percy Martinez showed all the flyers that he had. Barringer had only seen one and that’s the one he found in the Internet. He did not receive it from Kevin Pickett. They did go through a list of them. There were seven of them, there was only one of them that Ken Barringer had seen prior. He said it was on April 2012, I believe, is for 4-10 of 2012 that he had talked to Kevin Pickett. He did not ask Pickett what time was the last time he saw Korey Kauffman and I think that’s very interesting that he didn’t do that investigation of missing person but did as when he went missing. He talked again on May 18th of 2012 with Frank Navarro and John Evers present. He said somebody had mentioned Mulberry trailer park and law enforcement had to call Kevin Pickett and Korey Kauffman in an unmarked vehicle at the trailer park after they bought drugs. He said Frank Navarro was doing an interview but he was present and Ken Barringer read the transcript of the interview in fact had read the entire transcript because he didn’t have a good recall. And then there was an objection by the DA which led to a long sidebar, a long side bar. Ken Barringer was talking about the undercover that had stopped Pickett and Kauffman that night on the 29th. It was the last day that Kevin Pickett had seen Korey Kauffman alive.
Kevin Pickett never mentioned the 30th at any time actually, that he remembered nowhere in that interview. Barringer did not recall the exact date of the contact that showed that was in the system within the seller’s office records. A system of that stopped by deputies at the trailer park. He said he didn’t get, that he didn’t ask Kevin Pickett about exact dates, but he did talk to Pickett about the 29th finally, this is a later interview that he saw Korey Kauffman. On June 25, 2012, during the Kathy Grinold’s interview, he did not recalled giving her a specific date of disappearance. He said he did gave her a flyer with his name on it as he did with all the people he talked to. Kathy Grinold did not say anything or he asked her about three men that she’s on the property, but she did said she did not see that, also talked to Dylan by the name of Sean, Kathy Grinold son, who originally said he was living there but then said he was not. He talked to the neighbor Bill Borba, but then gave him a flyer and the last of flyer he left at Christine D’Filippo’s residence at 838 9th St. Christine D’Fillipo said there were two scary guys watching the house and talking about the women that had come over about a year prior to that interview. And so that would’ve been around 2011, nearly 2011 sometime. He said that Kevin Pickett also had talked to people at 838-908 9th St. Kevin Pickett said that Bill Carson was the one there, was a caretaker there or living there. On July 12, 2012, they did visit Frank Carson at his office with no appointment and he had told Frank Navarro I know you do things and that he didn’t trust him, led to another sidebar and then he was asked if Frank Carson had returned or sent the fax letter back to Ken Barringer. There was objection. Again Percy Martinez also asked him that he visited the Carson office on 7-12 of 2012 and then they did a search warrant. Three days later in July 15, 2012 and then 7-12 2012 there was wiretap in place at that time. He visited them on again July 12 and then he did started, they were doing surveillance on him on July 13 and he was assigned to survey Frank Carson at a briefing and was told Carson had 1995, white, suburban, and the surveillance was lost off of I-5. Barringer was in the pickup truck, another pickup truck following Carson. He said Frank Carson was doing the speed limit. He was not speeding and making evasive maneuvers. Frank Carson never went to Pop n Cork, didn’t go to Walter Wells house, didn’t go to Scott McFarlane South didn’t go to Quintenar’s house, didn’t go to the Atwal’s house, didn’t go to Mariposa County, didnt go to Robert Woody’s house. He had stopped by the house on Fink Road. In fact, Frank Carson was checking locks to make sure the house was secure as it appeared. He did not recall the Fink roadhouse was part of the search warrant. He was aware of the cadaver dogs that were used at 838-914 9th St. during a search warrant and 9-89 of 2012,three weeks after the Frank Carson property was searched, he appeared at the office with no appointment that was made prior to his going there and dropped off the list of questions. What time he went to Frank Carson’s office on the ninth? It was at 6:16 PM and he said the door was unlocked but he didn’t just walk in. He knocked on the door and somebody had opened it for him. He did record the conversation with Frank Carson on that day, but he was asked also asked if he recorded the Mike Cooley interview one for Canon 12 when he first got on the case and he said he did not. Going back to the surveillance on Frank Carson on July 13, 2012 Frank Carson went through Crows Landing then and I-5 southbound to Stir Road and then he actually got on I-5 northbound then went around to Stir Road, got back on 9th by I-5, southbound went to Fink Road and they said we went west on Fink Road. Percy Martinez asked him what is west of Fink Road and Barringer said, well there’s a dump there. Is there anything else there and he said, no, just empties off that dump. He said did you follow him to the dump. He said he didn’t followed him. He lost him at Fink were I-5 and Fink Road and was not able to continue surveillance but did used cell phone to call Frank Navarro who continued on the surveillance so but he didnt know if Frank Carson went to the dump or not. Percy Martinez asked him if he knew that Fink Road doesn’t go anywhere else but to the interests of the dump and he was not aware. Again he was asked about the search at 914 9th St. and 838 9th St. and they were done by cadaver dogs and the second team of cadaver dogs were done on the second property after they did the first. They called the fire department out to cut the locks on the containers as they were all locked up. Percy Martinez had no further questions.
Attorney Hans started talking about 7-2 of 2012, where he had gone to Pop n Cork to talk to Dalgit Atwal. Dalgit offered him some drink. He did not recall if there was customers coming and going. He said that Dalgit Atwal was compliant, respectful, and asked him to move back to the back of the store because there may have been some customers going on but he wasn’t sure. He showed them a photo of Korey Kauffman. He was not familiar with, looking at the fellow he said he didn’t know him. When he asked about Kevin Pickett; the stepparents were regulars in the store and he works in the afternoons. He comes in at 4 or 5 PM and then Attorney Hans asked about 4-10 of 2012 where he talked to Mike Cooley and he said Cooley was being confrontational and excited and talkative in his past experience was on enforcement in regards to people under the influence in his experience with detecting that, which led to an objection by the DA and another sidebar. And so he came back after the sidebar, Attorney Hans asked if he ever arrested anybody 400 and 411, 550 agent ,has he any training that he said yes and he said to a 24 hour class on recognizing signs of 11- 550. And one of the factors are, several factors are very talkative and have an excited demeanor and he said they did. It appeared that that was a couple of factors that Mike Cooley was exhibiting.
Hans asked him when he talked to Kevin Pickett. It was the 3-29 or 3-30 at the Mike Cooley house that Korey was last seen. He said that Pickett did say that he was last seen at 3-30-2012 at the Cooley’s house and he asked about the prelim testimony on 3-9 of 16 on the 4-10 of 12 interview he asked Kevin Pickett when he last saw Korey Kauffman ,he said no, so he said he didn’t answer the question but he was present when Kevin Pickett was asked and said it was 3-29 of 2012 that was actually an interview that was done by Frank Navarro. Hans had no further questions.
Jai Gohel began cross and he was asked about that the information he got from CSO Dean Gonzales. He gave the information to the investigation, or Gonzales gave information or the reporter. However, he retrieved it to investigate other one piece that he said was Korey Kauffman was last seen with a parolee Mike Cooley at his residence and there is a gesture by the DDA by the term parolee. It was an issue that had to be resolved later as suggestion want to do a sidebar. This is to calling him a parolee. Said he has been a police officer for 11 years and one of the duties of the law enforcement officer is to write reports and document information. He was asked if he didn’t exactly record information but did highlight points of the interview on three occasions referred Korey Kauffman, this talk about Mike Cooley, three occasion referred to Korey Kauffman referred in the past tense and this is about two weeks since he went missing. No information Korey Kauffman was either murdered or just, or even dead. Mike Cooley was the last person to see Korey Kauffman alive, talked about the 6-25-2012 interview with Balgit Atwal at Pop n Cork, the 6-25 2012 interview with Balgit Atwal at Pop n Cork Balgit Atwal was polite and cooperative. He asked about Korey Kauffman. He said he didn’t know him, Kirk Bunch Kevin Barringer left his card and told him to call you if he sees Korey Kauffman so it would make sense. He would not call if he does not see him. He said he did some canvassing on ninth Street and that was documented on June 25, 2012 three months after the missing person. No one saw or heard any scaffull or gunshots that night. Jai Gohel asked him if you talk to Bill Barba who lived next door and had an open access to that lot and he said he did not hear anything, nor anyone else in the neighborhood had either. He dropped a flyer for Christine D’Filippo’s house. He made contacts several days later, the flyer said 3-29 of 2012 of the missing person date. Balgit Atwal said he has seen the flyer. He said the Dalgit Atwal had seen the flyer because it was at the store and as a law enforcement officer he was distributing flyers with the 3-29-2012 date on it. He said that originally the Sgt. Bogeran in 2012 gave him the assignment to look into the case and Kevin Barringer said he was given the information on 1-14 of 2012 testimony prelim he said that are Jai Gohel was asked him if he said that he had challenged the DAs office that showed interest in the case two weeks after Korey Kauffman went missing. He said he had briefings at the DAs office but did not recall when. There were objections.
The jury went out for lunch at 11:46 and Judge Zuniga said the nature of the district attorney’s questioning some of these witnesses to show that the DA not was not involved in the case and Jai Gohel was trying to rebut some of that information. The DA argued that the defense was misstating some of the evidence that is not true. Maybe they just need the defense just need to rephrase the question. Jai Gohel gave some citations in the prelim that he was referring to that they were told to go the District Attorney’s Office for information and briefings and he said it was almost daily. So he’s not sure which facts are not true. Judge Zuniga re-reading the transcript of the real-time of today’s testimony said he needed to lay a better foundation and she said the Mike Cooley parolee comments were not relevant. It’s prejudicial and she was not going allowing to do it anymore. Jai Gohel stated that he wished one to make his record that Mike Cooley testified that he had a parole search done on his house under the parole search, under parole status and so that with some of searches were done that were involved in this case. He said Mike Cooley’s a dangerous person, kept talking past tense about the missing person.
So they just made a record of all they want to do. Also noted that was there and they brought into the courtroom, Sarah and Tom O’Keefe. Tom O’Keefe is CHP officer who testified early on and she was here with him. They were here to testify for their not gonna get to him on today. They were ordered back for October 3 which is next week at 9 AM.
Will be back at the 1:30 this afternoon and don’t forget the podcast tonight.
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