Good evening everybody, this is Marty from Dawgs Blog! Tonight’s podcast is on October 11, 2018. If you listened to the noon time report. We had some fun this morning. Kirk Bunch got called an Asshole, and that was almost worth it right there. Dawgs Blog got a lot of recognition today. Ryan Schmidt was on stand most of the day. Marlisa Ferreira calls a witness and then immediately tries to discredit him and I don’t know why she does that, but a couple of other things came out this afternoon also.
We came back at 1:15 this afternoon, because the attorneys had some arguments they wanted to make. Jai Gohel said the questions asked by the DA led to the response that law enforcement officers are assholes including the one sitting next to the DA. They were really pissy about this. Kirk Bunch was not in a good mood. Marlisa Ferreira was really antsy about it, but she led up to that. The question asked, she opened the door to that. The defense can’t ask any questions in areas that she didn’t bring up in her direct. It’s as simple as that. It was brought up by the DA.
Percy Martinez argued during the interview Ryan Schmidt had made a comment in regards to “fighting for Frank”. now he said he would fight for him in the front yard if he has to. Ryan Schmidt, I don’t know the man, I’ve never met him, and I still haven’t met him I just seeing him testify, but watching him on the stand he handled himself very well. Sounds like he’s a pretty forthright guy. He says what’s on his mind. That’s how it came off to me. Ryan Schmidt, during this time with the search warrants that occurred on July 15, 2012 and thereabout that time the Frank Carson was dealing with a dying father, so he was being supportive. He was supporting Frank Carson, willing to stand at the front gates and fight for him. Not literally fight law enforcement officers but to stand up for Frank Carson. Percy Martinez says that the Marlisa Ferreira is taking this all out of context and he just wants to put it back into context. Ryan Schmidt said he would take care of problems. Percy Martinez felt that the judge Zuniga was taking the side of the Dist. Atty. Percy Martinez was a little fired up, to say the least. The District Attorney’s Office put it in evidence and the defense is denied being able to go to the entire conversation and the context. The judge will not allow the defense to make mention of Frank Carson’s dying father. He was looking for cemetery plots, he was asking Ryan Schmidt about Lakeview Cemetery and things like that. The judge is not allowing that stuff and Percy Martinez says you’re not allowing us to put it in context in front of the jury. He’s saying the court has not allowed sidebars and dismissed the defense attorneys and will not allow equal conversations with the judge at the sidebar and is led to some of these issues, were the attorneys are forced to say something to put a stop to what’s going on. The DA, he says, has been allowed many times for sidebars. Just like the other day when the judge made that little speech that she always allowed sidebars when Jai Gohel had his little outburst, the other day the first thing he said was a sidebar in the judge said no, sit down. So, we had to do something when was being misrepresented what Bobby Athwal was doing with that rifle at the Woody house. This is what they referring to the things like this. He says the court keeps saying: not now let’s move on. She said to the DA to be fair, but it seems like the judge is more in tune what was the DA is doing and go to sidebar more often than she does the defense. She just tells them to sit down, let’s move forward, I will take it up later or something like that.
Attorney Hans said the DA is picking and choosing and saying things that are outside the scope and clearly what they call 356 (the evidentiary rules that allow certain things and don’t allow certain things). it is very clear what is happening, and the DA is not working in good faith. The defense attorneys are little fired up.
Jai Gohel says the DA asked a question on who is willing to assault these pieces of shit. This is a DA witness. The DA did not have to dirty up her own witness. He is saying that that she put him on the stand and she’s trying to impeach him almost immediately, so why would she put him on the stand if that’s all she wants to do. Ryan Schmidt was saying that he will fight for Frank Carson in his time of need, just saying he’s there for support.
The DA responded that the record shows, she’s bouncing in her seat, that she has not been allowed to sidebar and if there was a count (I wish I had been taking count now) that it would be unbalanced. Not that that’s highly important, but there’s times when the defense needs a sidebar for clarification or something and the judge says no, something’s being done and the feel they need to step up and do something. They feel it not appropriate to what she’s doing, so that’s what happened with Bobby Atwal the other day. Frank Carson did say, this is Marlisa Ferreira making this argument, sometimes she makes arguments for the defense, did say he has to find a Cemetery, but it is not relevant why he said what he said. So, she could bring up that he needed to find a Cemetery but is not relevant to find out why. Okay and it’s just amazing the thought process here. Frank Carson going through difficult times is not a factor. Ryan Schmidt was referring to the law enforcement officers responding when he wanted to fight.
Percy Martinez, bouncing in his seat now, says the start of a conversation (and this is on the wiretap now) Frank Carson says I didn’t do it, I didn’t do anything. Frank Carson is also going into detail of his father and looking for cemetery plot. They talked about the barn, it needed to be fixed, it was falling apart. Frank Carson said they can go F*** themselves right now anyway, because he’s got his father to worry about. Percy argued that Ryan Schmidt is just showing support for Frank Carson and the DA is trying to misrepresent what he was saying and that the defense is not getting an opportunity to clarify what’s going on.
Attorney Hans argued again it’s clearly 352, talking about the evidence code, the evidence that is allowed or not allowed. He is saying is not allowed.
Jai Gohel says the court had struck some of Ryan Schmidt’s word with Frank Carson on that wiretap, especially is the part where Frank Carson’s going through a hard time.
You know it’s funny too, this reminds me of all these witnesses that Marlisa Ferreira’s put up on the stand and said what has this done to you personally? What has Dawgs Blog done to you personally with Patrick Hampton. What is all these defense accusations done to you personally? It’s okay for her to throw all that drama in there except for when it comes to the defense.
Jai Gohel again said the DA had a choice to put this information in to play and she is trying to impugn his character. The defense should have a fair opportunity to clarify.
Marlisa Ferreira didn’t have a response to this one. Judge Zuniga said the record is clear and she wasn’t happy. She does not feel that she has been unfair to the defense. The DA has made the same claim. She only cares about what the court does, and she’s concerned about the appellate courts, the Ninth Circuit and the Supreme Court is what she is concerned about. The record speaks for itself and she does not allow defense requests approach as she does the DA. this jury she says spends a lot of time out of the courtroom and she is trying to cut that down. So, she admitted that she did this. She’s admitting that’s what she does. She’s not allowing them sidebars to deal with these issues and then we end up with these long arguments later on that are caused by the lack of communication during the testimony. Ryan Schmidt did explain it was a joke.
So, the jury came up at 1:58 and the DA continued on with her redirect of Ryan Schmidt. She asked him during the Kirk Bunch, Frank Navarro and Jon Evers interview did they explain why they were there. He said No, that was fine, they were not assholes at that time. He thought these were the same officers that did the search warrant. He said they just want to talk about a missing person. It’s funny, it depends who’s on the stand if it’s a missing person or homicide. Ryan Schmidt did invite them to search the warehouse as he did not want them doing the damage to the warehouse that they did at the properties. He asked if he could explain why he did that? He was told no. He was asked if there was barbed wire and razor wire on the back fence that separates the Carson property from the Cooley property? He said yes, after it was fixed.
He was shown a picture of the cement wall in the fence. She started going into a line of questioning there and there was objection by the defense as it was not part of what the scope of the direct and redirect were originally. So, the DA says I want to reopen now. When she does direct she asks her questions, the defense has to respond to those questions that she asked him in cross examination and then she can do redirect on those same answers or whatever that they said and re-cross and then she can reopen her direct again, after he does that. So immediately she wanted to do direct again, and they ended up in a sidebar, a very animated sidebar, trust me it was a long one.
The DA she says she is reopening direct for one question and she asked him do you recognize a picture, I don’t know what picture she put in front of him, I don’t remember her saying which one it was. He says no, I don’t recognize that picture. She started ask another question and the judge said no you’re done, move on defense.
Percy Martinez asked when he was talking Frank Carson he got another call from the law enforcement officers, I believe that was a day of the search warrant, during that call he called the police officers a bunch a f***** ass*****. he had an altercation with Kirk Bunch at the Laurel Warehouse. Kirk Bunch threatened him after he asked him to leave. Here with here we go again another situation when officers asked to leave and ended up in a confrontation. He said his elbow had brushed across Kirk Bunch’s chest, when he was reaching for the door, Kirk Bunch was standing in a doorway, he was reaching for the door to close it. His elbow brushed across to Kirk Bunch’s chest and Bunch said touch me again motherfucker and I will arrest you! That’s all that the Percy Martinez had. Ryan Schmidt was very happy to say that by the way.
Hans Hjertonsson was asking about the July 26, 2012 interview that was right after the search warrant was issued. He didn’t know which officers which were, even though involved in that either directly or indirectly.
Jai Gohel asked him did Kirk Bunch have the ability to take you into custody, as a police officer, was he was wearing a badge and a gun? He said yes, he was. So that but that fear of arrest and him and so he understands why he’s an asshole.
Marlisa Ferreira went to re-direct again. Asked was Kirk Bunch in the doorway? He said yeah, he was in the doorway and I asked to leave. She asked him did you try to close the door? He said yeah. She asked him about the asshole description was in regard to the first part of the interview actually and he was asked about his references to the search warrant officers as he thought these officers might’ve been involved. Only at the end of this interview to the officers advise him that they were not there or involved in the search warrant.
Percy Martinez went back to recross. He asked him again is Ken Berringer asshole? he said no, Ken Berringer was very respectful to me and no he’s not an asshole. I don’t believe all officers are asshole. the other officers had left a voicemail for him and he didn’t want to talk to them, when they’re doing the search warrant to try to get a hold of him to come open up the gates and he didn’t want to deal with them. That was on July 15 to 2012. All the damage they did during the search warrant is why he refers to the asshole comment. And he still after that allowed the search of the warehouse, after the encounter with Bunch, he decided that Kirk Bunch was in asshole.
The other thing too is Marlisa Ferreira asked Ryan Schmidt if he knew that Kirk Bunch was recording that conversation? He says no, I didn’t know he was recording that.
Percy Martinez said, Your Honor, I’d like to have a copy that recording because we don’t have it. So, there’s another issue coming up. Percy Martinez says he’s never heard of that recording before, so here we go again. There was a real long sidebar and I mean about 15 minutes, very animated. They were very active up there at that sidebar. The jury was sent out at 2:29 PM. They were told to come back about 3:00. Ryan Schmidt was done. He was very glad to get off the stand, I believe.
They called Corey Brown to come testify and they wanted the clothes, that are in evidence. The clothes of the remains that were found in Mariposa County. Eventually Steve Jacobson and Corey Brown came in with that evidence. It was the jacket, the shorts, the shirt and the pants. I don’t know if they brought the keys and the carabiner. I didn’t see them. I saw the other ones. They were trying to figure out where they were going to put all this stuff on display for the jury. The courtroom just isn’t big enough. They had the shirt and the pants on an easel on the whiteboard and the jacket was on a mannequin, like you see at the store.
The jury came up at 3:13 PM. Corey Brown was called the stand. He spent a lot of time going through all this stuff to the logistics of holding this evidence. The DA started with Corey Brown. He said he’s been a sworn police officer for 24 years, a detective for eight years. The way he said it sounds like he’d been with another agency prior. In 2012 he was lead investigator on the missing person case of Korey Kauffman. He was assigned on May 6, 2012. Jason Garner took the first missing person report and unfortunately Jason Garner is not available (as everybody knows he was tragically killed in a car wreck on Crows Landing Road over a year ago).
The DA asked Corey Brown if he has the information of the original call on the CAD report. He does and he had talked to Ken Berringer and the CSO Miss Gonzales to obtain some information. Ken Berringer had gotten his information from Kevin Pickett and Michael Cooley and he started attending briefings at Ceres Police Department and he began writing a wiretap, they’re not search warrants they’re affidavits for wiretaps. They were briefed at Ceres Police Department like every other day. Ken Berringer, Kirk Bunch, Jon Evers, Frank Navarro attended these briefings but there were no other Sheriff’s office officers there at Ceres Police Department. He did have individual briefings at his office with his lieutenants and the upper command. No Brass, he said, when I say brass I mean upper command, attended the briefings at Ceres Police Department. Again, there were some briefings it’s a Sheriff’s office with Sheriff’s office people, his lieutenants and sergeants and captains and whoever trying to put in his budget request for the investigation. He said he was in contact with the brass originally daily for funding needs. Marlisa Ferreira was very intent on confirming that the funding for this investigation had come through the Sheriff’s office. No funding was was funneled through by the District Attorney’s Office. All bills and invoices that he saw were all paid by the Sheriff’s office. He said this is a Sheriff’s office case from April 2, 2012 until the arrest was made and the charges filed on 8/15/2015. Said he never saw funding from the District Attorney’s Office.
Something really interesting that he said, and it sounds kind of strange to me. He left the Sheriff’s office for six months to work as a Savemart loss prevention officer and that was in January 2014 to June 2014. he stayed on a part-time basis with the Sheriff’s office, but he was working as a loss prevention officer at Savemart. So, I guess he was having the best of both worlds for a while there.
He was asked if Steve Jacobson was present in the briefings? He said no, but Kirk Bunch, Jon Evers and Frank Navarro were in the briefings. There was a Lloyd McKinnon that he talked about, he was a Sgt. And he was involved in the taking over the case while he had left for that six months. When he came back McKinnon had been promoted to a sergeant, so he just took spot back, being in charge of this case. He mentioned a bunch of names that they went through like Tori Hughes, a captain. Somebody by the name of Ralph Tenant that that they had done talking to, again mostly for funding. The DA asked him who was in charge of the investigation? He said no one, it was a mutual effort. She asked him if DA Birgit Fladager ever attended to briefings or ever gave any directions of the investigation? He says no. Corey Brown said his purpose was for evidence preservation and search warrant and wiretap writing, but he did interview Christine the DeFilippo in New York on Sept 20,2013. also, he was writing an affidavit for a wiretap, that’s when he went into there’s a difference between the search warrant and an affidavit for a wiretap. There’s there’s different legalities. It let led to a sidebar, just for minute on this one.
The DA came back to Corey Brown and asked him if he obtained a wiretap and ran a wiretap authorization that started June 21, 2012 for 30 days. There were multiple numbers associated with that wiretap. Objections! Objections! Which were all overruled. The Judge actually asked the witness, Marlisa was having trouble getting the question out, if during the investigation they developed these target numbers to wiretap? Marlisa couldn’t get that question out properly, so the judge decided to put her DA shoes back on and do it for her. They were doing some wiretap simultaneous and the information that what they call tickling, they put out on the streets to stimulate wiretaps conversation was all in regard to Korey Kauffman. The records were sought for Korey Kauffman’s phone, which we all know now that they were had, and they developed the timeline based on Korey Kauffman’s phone. So right there he is saying that the date they gave of 3/30/2012 is the date that they’re saying that Korey Kauffman went missing, despite what the family said, is based on Korey Kauffman phone records. They delivered a timeline based on those records and Corey Brown was a wire room supervisor in Ceres during that 30 days. He received dailies and a summary of calls that may be pertinent and that’s to obtain evidence of the homicide of Korey Kauffman. Now it’s a homicide. They always are saying it’s missing person’s case, but you keep hearing them say homicide of Korey Kauffman. Steve Jacobson did it, said Kirk Bunch was on a missing person and homicide case of Korey Kauffman on April 2, 2012, that was his testimony sometime back. They took that information that they got in the wiretaps to the briefings to form their strategies of their investigation. Early June the wiretaps had led to the Atwals.
At this point it was about 3:50 PM. The jury was sent out for the day. They’re coming back tomorrow at 9AM.
Percy Martinez made a request for all records that Corey Brown had attained of Korey Kauffman and anybody else. The judge didn’t want to deal with that right now because there were other issues that she wanted to discuss. She’s reviewing the transcript and she asked the DA what she’s trying to develop in this line of questions. She said the Daljit Athwal and Robert Woody showed up at Michael Cooley’s house, well that’s really not dispute I guess other than the fact that may not been Daljit Atwal,as opposed to political motives in this in this investigation. Marlisa Ferreira said the defense have made continuous accusations of a political vendetta involving Steve Jacobson and Kirk Bunch among others. She said Steve Jacobson was not on the investigation until 2014. Judge Zuniga tried to say something and Marlisa Ferreira pretty much told to her be quiet let her talk and the judge did it. She said the defense has put this information out there (and I’m sitting there thinking who’s running this courtroom??).
Attorney Hans says what the DA is saying is not relevant. This information has been received during the briefings to get the wiretaps, they’ve received all this, it’s been brought out. There is no need to get the specific information, it’s all been run through in their case previously.
Jai Gohel said this is argument and its fair game for closing arguments. Just to respond to defense accusations and argument does not change the rules of evidence and they still apply. This is multiple levels the hearsay and is not admissible, is what Jai Gohel saying.
Percy Martinez said the affidavit was 325 pages, the Ramey warrant. It appears the DA is going to go through the entire thing and its multiple levels of hearsay. Marlisa Ferreira argued there is no hearsay that goes to the officer’s state of mind. She’s trying to get the officer state of mind in here now. She says the defense started this she just wants to run a “nice clean of a homicide case”. The defense brought this stuff in. Again, she started going on a long rant, it gets repetitive. She said something about the Daljit Atwal and Robert Woody had called Frank Carson from the Cooley house. If that happened I don’t remember it. I’m not saying it didn’t, there’s been so much is going on. I don’t remember them calling Frank Carson. I don’t think there is any anything in the record that I remember of a call to from them to Carson. The Mike Cooley incident goes down to the wiretaps and that’s how some of this information was developed, is what she is saying.
Jai Gohel still saying the 352 objections, which is the evidentiary objection, what Corey Brown did personally cannot really go to what the others did. This information has been brought out, but he’s talking about other officers and other things and all he can do is talk about his own actions.
Judge Zuniga finally says this case is taking a long time and sometimes she needs to take a serious look at the rulings on these issues. She is tired of all the infighting. So, the judge is kind of venting a little bit herself instead of just taking control. The district attorney has chosen to put on a political aspect in its case in chief, but it DA can do what she thinks to get the state of mind into play. She is not allowing the DA to start doing a lot of hearsay, she’s not going to let them talk about what other people did or what they’re told by other people. She can put the officers on the stand and then the defense can put their witnesses back on the stand, like Ryan Schmidt, if they need to. Its can be prejudicial for some this is information to be put out the way there trying to do it. The Corey Brown information learned about like the visit to Cooley’s house is not allowed unless the defense brings it up in some way.
Marlisa Ferreira started talking to the judge, can I do this? Can I do that? What about I say this? So she was getting a law lesson from Judge Zuniga and and the proper way to ask questions. That’s about the time I walked out the room.
It very strange day Kirk Bunch threatened to arrest Ryan Schmidt because he touched his chest because he was reaching for door. Ryan Schmidt made it very clear that he thinks Kirk Bunch is an asshole and it was repeated several times, regardless whether he was on the search warrant team or not. So that’s the excitement for today.
I’m going to be changing the service that I’m using for my podcast and I will probably do it this weekend and I will advise and keep everybody up on it. It’ll be a different phone number; however you access it. I don’t know if it’s by phone or what. I need to clarify all that. I need to test it this weekend to see out works.
Remember I have the PayPal buttons on the bottom my reports. I have my sponsors Doug Maynard Attorney at Law. Merced Tile Supply to take care of your needs and whatever it is over there they they’re both good guys.
We’re back tomorrow at 9 AM. Goodnight Everybody!
HELP DAWGS BLOG