TRANSCRIBED

Good evening everybody, this Marty from Dawgs Blog. Tom’s report is up, I was not there in the morning session. I had some business I had to take care of. I’ve got some things going on that I got to do and it’s hard to keep up with the craziness of this trial. Like I said his report is up, you can see what happened it sounds like it’s a pretty accurate thing and it carried on into this afternoon.

Jury came up and the Judge was on the bench at 1:36 this afternoon, so that was pretty good. They called Dorothy Gonzales to the stand. Okay who’s Dorothy Gonzales? It’s a name that we’ve heard recently, but she was a community service officer (CSO) that handled follow-ups on missing person cases back in 2012. she has since retired, and she’d been with the sheriff department for some time. Remember Jason Garner had taken the original missing person report on Korey Kauffman and just remind everybody Jason Garner is a deputy that was tragically killed on Crows Landing Road with another’s community service officer a couple years ago. So, there’s some decisions got be made about his report that he wrote. I don’t know what Judge Zuniga is going to do.

Dorothy Gonzales stated her job was to make us some preliminary checks do some background on them things and when she came to work on April 10, 2012 she had a voicemail already waiting for her. She said it was from, I think believe she said the Terry Kaufman which we all know is Trina Richardson. Whatever name she goes by she’s the biological mother Korey Kauffman. She was I believe in Texas or something at the time. On 4/10/2012 (and I’ll repeat these dates repeatedly and there’s a reason why I’m doing that, and we’ll get to it shortly) that she first started doing some work on it. She did some research. She looked up some of the information is available on the computer and such. On CLETS there was a missing person notification at the statewide and actually goes nationwide type of thing. I believe it’s connected into NCIC National Crime Information Center which is the FBI computer system, they all tie in together. She was asked about her report and some of the information on the report and there some things that were on the report that are entered by the data entry people that she did not do. It is kind of confusing and I don’t know why it works that way, but the data entry people are entering some information like some code sections and the probably computer codes or something. Marlisa Ferreira was trying to clarify some of that information, to tell the truth I don’t know what she was bothering. I don’t think it really means anything. The witness got confused and she started going into a little bit of a narrative which was stopped. so, she just talked about how she entered into the narrative, the synopsis and the people information. The records people put in some of that other stuff that’s in there at the top are the report. Again, she said her first involvement in the Korey Kauffman missing person case is when she was contacted by Terry Kaufman which is what we all know is Trina Richardson. She said there was a reference to “Di”, I don’t know what that mean it was in quotation marks in the report I never did get clarified. They went immediately into a sidebar to talk about this it was a very long sidebar. When they came back from the sidebar, Judge Zuniga wanted her to clarify where some of the information in the victim information section came from in the report that she wrote. She didn’t know. This is just some information that she got out of the system, she pulled up the report that the original missing person report and she didn’t know where that information come from. She did she did wasn’t privy to it or whatever the case may be.

She was shown evidence number #425. it was a CAD (Computer Aided Dispatch) print out, that’s when the dispatchers get a call they log it on the CAD report that’s on the computer right front of them on the screen. Officers do something, everything they do is entered into this CAD report. She said she’d never seen that information before that was on that CAD entry. Those CAD entries are very difficult to get, even regular officers have trouble just getting the CAD entry on a call, in my experiences in the past. Maybe something has changed since then, but they are very protective of them and there’s a lot of private information on them.

She also was shown of the evidence number #426, that’s the missing person report of Korey Kauffman. She said she did not have that report early on either. So, I really don’t know what she was supposed to do, it looks like the stuff wasn’t forwarded to her, but that’s what she did because she didn’t know anything about until she got a voicemail on her phone from Terri Kaufman or Trina Richardson.

There was a call the CLETS printout, which was evidence number #427 and if she’s not sure if she had that information or not. Now that’s what they put it’s in a missing person database part of CLETS with the missing persons, runaways, whatever people are looking for. The only information that she started with was the voicemail from Terry Kaufman, that’s the first information that she had received on this case on April 10, 2012. that was April 10, 2012. I am repeating that date, so keep that date in mind because it gets more valuable. They gave the number of the Miss Kaufman’s telephone number, I’m not going to put it out here, she may have the same number. She did call her back. She also said she had some messages from other family members when she did come in that day. But Terry Kaufman that was the first one that got her going on it. She did not recall if any other messages came in regard to this case. She seemed like a nice lady, to be honest with you. She was little nervous on the stand, a little uneasy. She’s kind of thrown into this thing and I don’t know why but she was. She said she received a message from Kevin Pickett and Trina Kaufman or Terry Kaufman that said there was an issue with her son and that he needed to call Kevin Pickett. She called Kevin Pickett again on 4/10/2012. she did not connect with Kevin Pickett that day. She called him back on April 11, 2012 and talk to Kevin Pickett. Dorothy Gonzales had this report in her hand and Judge Zuniga asked to look at it and then she sent the jury out.

So, the Jury went out at 2:10, they were in there about 30 – 35 minutes. Judge Zuniga asked the DA what part that she wants in out of this report and she was talking about certain lines and certain paragraphs. I didn’t get everything that they were talking about. But apparently it was something to do with Kevin Pickett saying it was unusual not to hear from Korey Kauffman that Kevin Pickett already talked to Mike Cooley. Kevin Pickett was apparently concerned that Korey Kauffman had gone to Frank Carson’s property, because that’s what Cooley is saying. Judge Zuniga asks what’s the relevance of this? The DA says that the report says the start date of the missing person was 3/30/2012. That is not what Kevin Pickett said and he’s still saying it’s 3/29/2012. judge Zuniga said the witness is not sure when or how she got that date, so there’s a question about that. She wanted to bring the witness back again and asked her where she got those dates and she says the start date is already entered into the records. So apparently it was already from the missing person report the other things that were done prior. She also said that on 4/11/2012 was the last day that she had any involvement in this case. She got involved on the 10th did some preliminary work and then did some more for preliminary work on the 11th and then handed off this case. She said all she knows that the date of the report taken. She does not know when he went missing.

Judge Zuniga’s noted that that the narrative portions of the report which is what the defense is objecting to because it’s all hearsay. That’s why she’s asking where did you get this information it’s in the report? If it’s heard second or third hand or just heard from somebody else and entered into a report that’s hearsay and is not allowed. It’s also hearsay to say Korey Kauffman going to Frank Carson’s property and Frank Carson’s alleged threats to Mike Cooley. Judge Zuniga said that’s not coming in. She’s not going to allow it. So, the district attorney wanted to argue, she’s getting kind of sassy with the judge. She says that there was a missing person’s report in the threats are statements by Mike Cooley in the family. Well, okay, yeah, that’s what they’re saying but that’s not what this witness personally observed.

Ken Berringer talked to Kevin Pickett and Mike Cooley about the those. He interviewed them, but he didn’t have any information about the alleged threats and stuff by Frank Carson at the time. The DA said then Berringer then went to the Frank Carson property to check things out. She’s saying the defense is been accusing law enforcement officers of targeting Frank Carson, mostly the District Attorney’s Office. Ken Berringer was working from the Ms. Gonzales information is what the DA said.

Percy Martinez argued the information by Kevin Pickett on 4/10/2012 after Kevin Pickett had talked to Mike Cooley. Judge Zuniga cut them off at that point says that is not relevant information going on to the issue at hand.

Attorney Hans argued on 4/11/2012 and 0830. the report says that Mike Cooley was the last person to see Korey Kauffman alive. He was going line by line on the paragraphs, but he wasn’t saying what they were so I’m at a loss. But he repeats that the 3/29/2012 date was that Korey was last seen by Kevin Pickett and that’s what Kevin Pickett said all along and on the stand.

Jai Gohel argued Ken Berringer didn’t target Frank Carson it was Kirk Bunch who had targeted Frank Carson. Ken Berringer and Frank Carson had no history. The DA said it is double hearsay but is allowed, not for the truth of the matter, but used as a non-hearsay purpose. It’s legalese. What she’s saying is it’s basically the state of mind the officer during the interview.

Hans Hjertonsson argued that the DA said the conversation occurred on 4/11/2012. that’s the information going for Ms. Gonzales to Ken Berringer and this is what the dates are important, and it gets confusing, even the judge kept referring to this. Barringer talked to Mike Cooley on 4/10/2012 of he said that he had gotten information from Ms. Gonzales. Ms. Gonzales had done what she did on the 10th and 11th turned to it over to then-Sgt. Bajaren and then it was turned over to Ken Berringer to follow-up on. Ms. Gonzales is saying she didn’t do that until late on the 11th or even possibly 12th of April. Berringer is doing interviews on 10 April with the information that he said he received from the CSO. she saying she did turn it over to him until late in the 11th or on 12th April. This is where it gets confusing, the judge is confused. Marlisa Ferreira kind of stuck with her guns on this and she wasn’t understanding really what the confusion was.

Percy Martinez also noted that Detective Shaw from Turlock PD had contacted Kirk Bunch personally from the Cooley property when Mike Cooley called him on his personal phone number, Eula Keyes called him, but on behalf of Cooley. And that was prior to April 10 or April 11, 2012. so, the District Attorney’s Office was notified early on. Remember Kirk Bunch was started on this case April 2nd, just a couple days after Korey Kauffman went missing.

Marlisa Ferreira argued that the Sheriff’s office gets a report on 4/2/2012 at 11:14 PM from Kevin Pickett reporting his son missing. Judge Zuniga has that look on her face, she’s totally confused, and she admits it: “I’m totally confused here” (so was I). the DA says, she was talking very fast and furious, that Kirk Bunch didn’t talk to Mike Cooley until April 28th. Judge Zuniga interrupted her and asked about the Ken Berringer information and what he had and what he knew about the missing person. Ken Berringer could not have had that information because Ms. Gonzales didn’t have the report done and turned over until April 11th or possibly the 12th.

Marlisa Ferreira immediately jumps in and Judge Zuniga shut her down. She said I’m still talking, I wear the robe, I do that. She’s trying to get through to her that the sequence is off, and the dates are off. They don’t they don’t work. She says that the DA is not going to win this one. The defense objection is sustained.

This information is just confusing. If it’s that confusing for us, everybody who hasn’t been following this case the last three years, imagine how confusing it could be to the jury. The Judge says some of the information because she was told something by somebody else and put it a report like in other officer whatever that’s hearsay, almost double hearsay, but she’s going to allow it just for this limited basis.

Marlisa Ferreira wanted Kirk Bunch’s interview and some of his information and the judge says No. Get the jury in here. She said it very brashly.

So, we finally got the jury back in around 2:36. The jury was out for 25 minutes or so. Ms. Gonzales said the Kevin Pickett said he had not heard from Korey Kauffman and he was concerned that there was foul play. It was unusual for Korey Kauffman to not contact anyone by phone and let them know where he was. He was last seen at the Mike Cooley house. They had Cooley’s name down as Foley, she kept saying Mike Foley, because that’s what it said in a report. They were pretty sure, and they cleared it up that he meant Mike Cooley. Ms. Gonzales said she had gone to her Sgt. And it was handed off to investigators. She says it was either late April 11, 2012 or it could have been the next day on the April 12, 2012. then she had a conversation with Ken Berringer in regard to the missing person.

This is why I am saying those dates are matter contention, if it means anything that’s up to the jury or the attorneys to decide. But Berringer is doing interviews on April 10th, he’s talking to Pickett he’s talking to Cooley and he says he got the information from Ms. Gonzales. Ms. Gonzales says she turned it over on the 11th or the 12th use either late afternoon on the 11th when she went back to Sgt. Turned over to Berringer and on the 12th is when she talked to Ken Berringer. So, there are there’s an issue with the dates. It’s going to be confusing to the jury.

Marlisa Ferreira didn’t have any more questions at this time. She was still reserving on that other issue there’s another issue and we’ll get to that in a minute. Percy Martinez was asking about her conversation with Terry Kaufman on 4/10/2012, she talked to her she said around 1527 hrs. Which is 3:27 PM. at the time she lived in Dover, Delaware. She was not assigned to the case prior to that, she received a voicemail from Trina Richardson or Terry Kaufman on that day when she came into work. It sounds like she worked an evening shift, but I’m not sure. She talked to Kevin Pickett on April 11 around 8:30 in the morning and she did apparently talk him again around 4:10 PM that afternoon. She said she still had not given the case over to investigators to anyone else. She said on April 11th or12th she turned it over and the case was then assigned to Ken Berringer.

Attorney Hans asked due to the time that has elapsed, is it hard to recall events? It’s been six years. She said of course. She did refresh herself with the report that she did at the time and she wrote it the same day that she did the work. So, she did have to remind herself of some things after reviewing the report because again it was so long ago. There was no information on the report about anybody talking to Ken Berringer at the time but again she said but that was beyond April 11 the next day. It occurred in the office, by her cubicle in the investigation area and it was just like a 2-minute conversation.

The DA matter did ask her if the report was written the same day of events? The cubicles are in a secure area where investigators I guess, and everybody is. Ms. Gonzales had no other activity on the case after 4/11/2012 other than the briefing with Ken Berringer.

Percy Martinez asked one more question. The Berringer conversation took place on the day after she talked to Kevin Pickett.

The witness was done. They brought in another witness and there is another issue still left for Ms. Gonzales and that was brought up in a bit. The judge is trying to rush things along and not resolve issues as they go because they keep getting so sidetracked with some of the stuff.

Mike Hermosa was called the stand. He’s a DA investigator. They went into a little bit of his background. He’s been a Stanislaus County a criminal investigator for 11 ½ years. Prior experience in Union City, Hayward, Modesto PD’s. A total of 38 years and he’s worked as a detective of 26 of those 38 years. He’s executed hundreds of search warrants in his career and I believe was February 2014 he did a search warrant 1130 E St. Which was a Robert Woody house. They talked about he had a briefing prior. There were there was an objection as not relevant. He had a briefing with other officers, but basically just want to hear what his actions were. Apparently, he had talked to Dale Lingerfelt (another issue coming up there too)

The jury was sent out again at 2:58. the jury was in about 22 minutes on that one.

Judge Zuniga says the officer is saying he was there during the search warrant and Mme. DA interrupts Judge Zuniga again and gets sternly admonished by Judge Zuniga. She said I wear a black robe, I don’t get interrupted. Judge Zuniga says the DA wants the Dale Lingerfelt relevance, it has to do with and I didn’t quite catch exactly what they’re doing, there talking a little cryptically there and Marlisa Ferreira did not want to talk about Dale Lingerfelt. But Dale Lingerfelt was, I guess kind of running the lead on this thing, is what it sounded like. Miranda Dykes is working as a confidential informant which of the District Attorney’s Office can’t talk about it because it’s confidential information, but her name is being bantered about during the prelim and now. Marlisa Ferreira said she’s building a foundation for some of the stuff and kind of went on a rant. She says Judge Zuniga is excluding everything that she wants to do. Now I just can’t believe that she would throw an insult towards in the judge like that, but she did. Judge Zuniga took exception to that as a judge would. She says I, by no way, am excluding everything you do. She said she thought this was just foundation and it sounds like she’s going into more than that.

Marlisa Ferreira then said, and my ears really perked up on this one, she may not be able to get Dale Lingerfelt back on the stand because he has severe issues going on. Now remember Dale Lingerfelt is no longer Stanislaus County Dist. Atty. Investigator. Dale Lingerfelt is a San Joaquin County District Attorney investigator. A man in his mid-to-late 50s, left the job he been at for some time to go work in San Joaquin County. I wonder why? Some of you know why. The Judge says regardless, a subpoena will get him here. So, she can call him back. Whatever that’s all about. I have my own hunches. I know the rumors. I’m not going to say until I have some more information. I have requested that in my freedom of information act from Stanislaus County.

So, we took a break. We came back and were still talking about when some of dates. Percy Martinez has another preliminary hearing scheduled on next week and it was supposed be on the 12th and that was that one went away. Now there’s one on the 11th and the judge is ordering him to be there and Marlisa Ferreira apparently has contacted the Deputy DA on that case and apparently, they have subpoenas out on that date. Judge Zuniga is not going to release him on the 11th to go do a preliminary hearing. The judge in the other courtroom will not set the prelim on Monday because he does other things on Mondays. So, Percy Martinez is going to talk to the attorneys and see what will be worked out.

Judge Zuniga asked Marlisa Ferreira about the Dale Lingerfelt issues. Marlisa Ferreira says she will not respond in “open court”. so, the witness will just testify a little less now, she is saying that about Mr. Hermosa. She doesn’t want to say with the issues with Dale Lingerfelt are, but we will eventually hear. Judge Zuniga also noted that they are concerned regarding the Dale Lingerfelt activities, especially on cross examination. The judge picked up on that, so yeah, I think that’s pretty much what it is.

The jury came up around 3:35. Hermosa was back on the stand. They executed the search warrant, I believe it was 2/5/2014, I don’t remember exactly. They showed them a picture of the front of the Woody residence. On the steps in the front of the residence there was a small recording device on the porch that had been attempted to be smashed. They showed a picture on the front porch steps and the device in the middle the second step. It was is a close up. It was broken but apparently, they did not know how to break things. It was a Beowulf recording device. Miranda Dykes, during that search warrant was present at that residence. Robert Woody was no, Miranda Dykes was. Now remember she was taken into protective custody because of her confidential informant activities and wearing the body wire, she recorded him and all the crap he talked about, because he was trying to get into her pants. Then the recorder was smashed by Robert Woody. He found the recorder and he smashed it on the steps, but they were still able to get the recording from it. So apparently wasn’t broken.

Percy Martinez also asked him if the during that search when he took the recorder from the step, did he fill out a property sheet? He says yes, property sheets are proper procedures that are always filled out on anything that’s taken in a search warrant and a copy is left with the residents of the house. So, the jury came up at 3:35 and the jury is out of the room at 3:44. they spent a whole nine minutes in the courtroom. The judge sent the jury home for the day.

They are getting back to the issue of Ms. Gonzales and what she was told in some of the hearsay evidence and Judge Zuniga was talking about the issue of Kevin Pickett saying the Korey Kauffman had gone to Frank Carson’s property, she said that goes to Ken Berringer’s state of mind.

Attorney Hans argued, yeah okay but that still doesn’t make it relevant. Other investigators it might be relevant but Berringer’s limited activities in this case it doesn’t. Judge Zuniga said that with the interviews and what was been said by the witnesses that Frank Carson was targeted by the DA’s office, by Kirk Bunch and Frank Navarro, so she says it could go to that but it’s hearsay evidence. Ms. Gonzales had heard that somebody else heard somebody else said, so it’s obviously hearsay. She can’t testify to certain things, but she is going to give a jury instruction to explain some of the officer’s activities. She also advised having Dale Lingerfelt take a deposition if his situation is that critical.

They went to talk about the some of the pictures, there some more pictures that they were talking about this morning. Some of search warrant pictures they are just going to decide which ones were in which ones are out. I couldn’t see them they were just talking about it amongst themselves. So, I finally just left.

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Tom O’Keefe and Sarah O’Keefe (his ex-wife) were ordered back for November. So that tells you where this thing is heading. This is for the DA’s case. I’ve always said that is going to be the first the year and I think we’re heading to the point. That’s all I’ve got. Remember what I always say, don’t take my word for come to court find out for yourself. I appreciate the support and will be back in court tomorrow. Thanks everybody! Goodnight!

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