As I was going into the courthouse this morning, I noticed some of the jurors were leaving out the front door and one of them mentioned that the there is a juror that is sick, and they were told to go home.
We finally got into court around 9:30 and the judge noted there was another note for juror that she needs an oral surgery on October eighth, a week from this Monday. She also noted that November 7-11, she has reservations at a Napa film Festival and wants to know which dates she will be able to attend, as it is apparently her daughter is involved in this Festival.
Percy Martinez noted that also on October 12, he has a court appearance in Tuolumne County in the appearance in the Bay Area at 1:30 that same afternoon. He is requesting a day off. Judge Zuniga noted that she understood the concerns that the DA has and Marlissa Ferreira immediately jumped in again and said an attorney to schedule an event on such short notice. In this type of thing is not appropriate and it should be denied. Judge Zuniga looked at her and bluntly said will be off on the 12th. Judge Zuniga also noted that Marlissa Ferreira had quoted some sites in the Penal Code yesterday that need to be researched for today and she said she had a few choice words for last night as she could not find sections that Marlissa was quoting Mme. DA then noted that she was not looking at the Penal Code, but in fact, the evidence code and admitted she had misstated. The DA also noted that she did look and cannot find relevant citations that she was claiming they had a bunch of pictures that they needed to be gone through that were taken and there was some confusion about this during the search warrants. Marlissa Ferreira did initially, saying that these pictures were from the search warrants on the 2014, March 3, 2014. Attorney Hans was saying that he knows at least some of these were pictures from 2012 and needed to be clarified and there was a lot of ongoing things about that. Then they started going through some of these pictures. There was a picture of shotgun shells before boxes of shotgun shells. There is a safe in the back one of the back offices and that she said that that safe should be, and the judge immediately said that’s not allowed to mean any competent business like this is going to have a safe at the back of a business. There was no relevance whatever, it’s just a picture of safe. There wasn’t a picture of anything in the safe. It’s just a picture of the safe. There were some 32 caliber 50 rounds of 32 caliber bullets through some and she said that relates because there was a 40 caliber underneath the counter, at the counter, up at the register and I don’t know how one relates to the other. But that’s what she said and so they start going in the conversation again about when these pictures were taken.
There was a lot of confusion in the dates and when that search warrant was done so Judge Zuniga wasn’t sure, Marlissa wasn’t sure. Attorney Hans was sure that some of the pictures were at least 2012, so we took another quick break for her to go through them and figured out apparently.
When we came back in, apparently, they were from the 2012 search warrant so there’s some other pictures from 2014 that need to be gone through. Also, so Judge Zuniga also advised that Marlissa Ferreira; she wants hard copies of these pictures. She did not have those for the judge and to tell you the truth, I don’t know why, but she had them when she put them up on the overhead and had a many off of her computer. So, the judge was saying she needed to look at these pictures on hardcopies and the DA’s going to provide those to the judge by a like 1:00 or 1:30 this afternoon before she goes home, so she can look at those pictures over the weekend.
Attorney Hans noted to the judge that some of these pictures were not objected to, some of these pictures will be disputed. The defenses Atty’s provided a list of the DAs’ were the ones that they were disputing but now there’s been little more clarification when they were taken because Hans was saying that these are pictures of bullets from 2014, it’s not relevant to a 2012 event. Judge Zuniga noted to the DA that some of these pictures may be relevant. The massive gun pictures and bullets and things along that lines he said, is prejudicial. They are not charged, with any gun crimes and this comes into 1101, which remember is a prior bad acts. Evidence had already been determined.
Judge Zuniga noted that and, I was surprised that she’d say something like this, but I guess I shouldn’t be. She admits that she has a short-term memory, that is, not very good short-term, but has a good long-term memory. So, she said, she told her something, she would remember it a year from now, but will not remember tomorrow. That’s with the judge said.
Jai Gohel argued that the photos were all evidential issues said, he needed to review all these photos and the district attorney said that she would provide all the photos for all that that they have of the left to be determined to the attorneys today.
Percy Martinez requested, and he has made a motion to have all of Korey Kauffman’s case, or the minute orders from Korey Kauffman’s cases provided to this motion had been filed. He said he filed it about a month ago. I will try to get the motion for minute orders that showed that Frank Carson never represented Korey Kauffman at any time, even on a one-time basis. Marlissa Ferreira did said that she was willing to stipulate that Frank Carson never represented Korey Kauffman, but Percy Martinez still looking for some more information because they could still come back and say later that he may have done a one-day type, a stand-in for another attorney or something along that lines. So, Percy Martinez needed to discuss the situation with Frank Carson and this will be determined on next Tuesday.
That was it. We were done. I did try to go get the DAs response to the misconduct motion. The line at the clerk’s office was out the door so I will just get it Monday or Tuesday. We do not go back to court until Tuesday morning at 9 AM and I will go ahead and cancel the podcast tonight.
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