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Good evening, everybody it’s Marty’s from Dawg’s Blog. Tonight’s podcast on the Frank Carson et al trial on October 16, 2018. Tom’s report is up from this morning, we have noon report is up. The new site is spreaker.com. Everything will be there. The URL will not change it will be the same. You come to the same URL every day and look under the tab “episodes” and the newest podcasts should be up. The URL is http://www.spreaker.com Dawg’s Blog, go to episodes and you can listen to older episodes or listen live if you’re out there listening right now so.
They didn’t finish the motion hearing this morning, so they continued this afternoon. As typical they can’t get anything done in one reason in part for that because court was supposed to start at 9 o’clock and started around 9:40am. Judge didn’t show up until 9:30 am and so this is part of the problem, they can get things done. Marlisa Ferreira was continuing her argument from this morning. She said the motion should not be granted unless there is prejudice that has been done to the defense and there has to be irreversible damage (no remedy). defense has had plenty of time to review the facts and can recall witnesses. There was no outrageous conduct. So, she is saying that the DA didn’t do anything wrong, they had the information, they can call Jim Cook back anytime they want and do redirect on him. she said there was no gain by the prosecution and the defense has lost nothing, so there’s no need for even a remedy. She cited some case law. She said the facts are clear in this case, there’s no overlap of the case law. Brady can be exculpatory or impeachment. When they say Brady, they are talking about Brady information which is discoverable information that could be something that would help the defendant in this case. Like they had information that somebody punched the time clock at work 200 miles away, that is Brady information. When they hide it that’s where these types of problems come in. They have an obligation to turn that over. This is just giving an example. Brady can be exculpatory or impeachment, means that it shows that somebody is in the telling the truth exactly. In this example it is Jim Cook. The defense is claiming that he lied, and the prosecutor knew about it. She says it goes by the characterization of the evidence. The impeachment of Jim Cook on August 22, 2018, the impeachment was on the 22nd, they were in the afternoon session, so the impeachment they were referring to was in the afternoon section and they were allowed to cross again on the 23rd.
Now to remind everybody, on August 21 after Jim Cook got cross-examined in court in regards to Google mapping, if he used maps to validate or clarify his work. He did not, he says he never used it. He went home that night and he sent Google mapping to Marlisa Ferreira in regards the Frank Carson property. Those maps also showed that the Frank Carson property was, according to Google Maps, 3° outside of that sector Jim Cook kept saying that cell phone sector was in. Okay now the defense is also saying that 10 to 15° variable in the overlap, that’s where the sectors of each cell tower overlap each other by 10 to 15°, that could be up to possibly 18°, because there’s already 3 degrees there.
The DA says there are three needs for misconduct, it does not impeach, and it was disclosed. She turned it over by saying it doesn’t impeach him. Remember, part of the allegations made by the defense is that the DA also did not reveal on August 22, 2018 (the day after she received those two additional maps of Jim Cook) that the night before and she did not disclose it on 22nd of August after receiving it on 21st of August. She disclosed it on 23rd of August. The defense is saying she didn’t turn it over on the 22nd when they asked Jim Cook about it, he said he never use Google mapping, even though he did it the night before Marlisa Ferreira didn’t reveal that she received a mapping. So, she says it still is not a full impeachment because Jim Cook still says he never used it in the defense already knew about it. So, she is saying that it was revealed once she figured out what was going on, so the People request that the motion be denied.
Percy Martinez argued there was a motion in limine in regards to Jim Cook’s testimony. The DA argued some things are not evidence, just argument. So, one of the things and she said is the defense is not putting out any type of real information, just making an argument, not putting case law out there or anything like that. Percy Martinez argued what happened in court, the DA is talking about what happened in the office and at Jim Cook’s home. Now remember Marlisa Ferreira had gone back to her office with Jim Cook. They tried to do the mapping on her computer at the office and it didn’t work. Jim Cook went home, did the mapping and sent it Marlisa Ferreira in an email at 7:58 PM. Unbelievably, Percy Martinez argues, Marlisa Ferreira did not put any priority on it. She has her expert witness on the stand, he sends her an email last night, she said she saw it was mapping, but didn’t take a close look at it because it wasn’t a priority. She looked at the email about an hour later, but didn’t really take a close look at it. The DA admitted that there has always been an issue the way he did maps with a protractor and eyeballing his maps. So, it’s been it’s an issue of the way he did maps, he just used a 1950s protractor and eyeballed it, so the issue is Frank Carson property is actually not in the coverage area that Jim Cook repeatedly said it was in. They were talking about vacillating signals on devices and things like that. That led to all the questions the defense asked about the protractor and use of a compass sometimes he eyeballed it. So obviously there was a concern there of some sort because Marlisa Ferreira was looking at the map herself. The diagram is Brady material and was evidence that it was favorable. So, he says that she didn’t want to turn over because it was favorable to the defense. Jim Cook had been released from court, he was done testifying on the 22nd. the DA brought him back on the 23rd. at the very least the defense felt Jim Cook was misleading the information all along and this made it even worse. On the 22nd Marlisa Ferreira set the entire day with no disclosure. Marlisa Ferreira directed how the evidence was submitted in her questioning. Marlisa Ferreira brought Jim Cook back on her own on the 23rd, that was part of the suppression that they’re talking about. On 8/21/18, again he says Marlisa Ferreira’s obligation was to disclose immediately that information on August 21. she should’ve forwarded that email or something immediately. This has the appearance of impropriety in this massive case. The Frank Carson property in which area and which cell tower and which sector was a contested issue all along. Marlisa Ferreira did not think this was a significant. That was where the crime scene was by the way, their theory of the crime scene. One option is Jim Cook’s entire testimony be struck if there is no dismissal. Percy Martinez was done arguing.
Attorney Hans began arguing. Before the Jim Cook testimony on 8/22/2018, and he was reviewing the transcript of the questions that were in the afternoon. Marlisa Ferreira’s arguments are misconstruing what it happened and what Brady means and how they relate to each other. They did not exclude defense but is not what it says. He’s talking about the case law that she cited, I don’t know exactly what it says, but that’s what he was talking about. It is all exculpation information. Hans went on to say Melissa Ferreira could not access the Google maps at her office, so she didn’t think much of it, but did receive that mapping that night from Jim Cook, it came at 7:58 PM. then she turned around said the opposite, she would’ve had monitored closely if she thought it was more important. It could’ve been more important the defense felt it was important. So, she kind of contradicted herself in her arguments about the defense. Jim Cook’s testimony and including the 402 hearings, say there are 10 to 15° on the overlaps. Here it shows it would be up to 18° outside of the sector. That makes it favorable to the defense. The impeachment was when she received it and saw the results. She said she did not think much of it in her argument, that does not work. In addition, the 120-tower mistake (that the one the tower is up in the mountains, the Highway 120 tower) Jim Cook did say he called and got the tower information after he was questioned by the defense. Marlisa Ferreira should have turned over right away, it meant a lot. Asking for a mistrial or at the very minimum some lesser remedies. There asking for mistrial with prejudice, that means is if the Judge grants mistrial with prejudice the charges would be dropped, and they can’t refile them again.
Jai Goehl started arguing that this idea that Marlisa Ferreira did not refer to the evidence issue. On Friday, he’s talking about this this last Friday, Judge Zuniga told the DA if there was an issue where she thought she wasn’t telling the truth or misrepresenting something she would say so. Today he says we are here again. Hans Hjertonsson had asked about the maps. Then they go to the office and Jim Cook goes home and does the mapping and sends her an email saying, “here you go”, that was on August 21, 2018. It is preposterous she would think nothing of it of an email from her expert on the night that he’s testifying. The DA submits to the court that she did not think anything of it, why wouldn’t she think anything of it? It was serious, it was from her expert on the stand. The DA is trying to get around her legal obligations to get an expert to admit what was going on. The impact is huge and means he must be better than a simple protractor. What he meant by the impact was huge, was you have people that are on trial for a homicide case and you have an expert using a protractor, who won’t use Google maps, then does, then they want to keep it a secret. Apparently, that is how he’s feeling. Jim Cook came to court without his binders, his boxes, all his information, his computers – he didn’t come to court with any of that. He said he didn’t even think he had his glasses with him. he says that’s totally different than his previous testimony. He asked this case to be dismissed with prejudice.
Judge Zuniga, while Jai Gohel was getting ready with his last arguments, says we need to hurry and get the jury up. She doesn’t want to hear this argument, she in a hurry to get the jury up. The jury still waiting downstairs waiting. They were supposed to start at 1:30 pm and it’s already after 2 o’clock. Marlisa Ferreira wanted to talk and Judge Zuniga trying to say something, and Marlisa Ferreira says it will only take a few minutes. She is being assertive and very pushy with the judge. Judge Zuniga finally took her to task and said she needs to stop doing that. so, Judge Zuniga wants to hurry and get the jury up and get the testimony going again, so that told me there’s not going to be a dismissal. If she thought that she was even considering the dismissal she wouldn’t be concerned about getting the jury up, she’d be concerned about hearing these arguments and hearing it out.
As the jury was coming up the DA insisted on arguing anyway. The issue is two kinds of evidence, examination and impeachment. The defense has admitted they had access to the information. On 8/21/2018 the defense had the information as there were questions to Jim Cook on that information, so she felt they already knew, which led her to some of the question she asked the that day and the next day. On 8/22/2018 it became an issue when questions were asked about Google mapping. If he ever used it? If he ever checked his work? Spot checked his work? They asked him a lot of questions along that line. So, she says they already knew about it, so it didn’t need to be discovered. The 10th to 15°, she agrees that it is an issue. That the use of the means by Jim Cook is an issue. She’s talking about the protractor and the eyeballing. There is no reason to strike the testimony. There is no prejudice and the two prongs have not been met. We talked a little about this in the morning, there is three levels of misconduct and two of those levels have to be met. She says those levels are three certain things that must happen, and she says they haven’t happened.
At this point Marlisa Ferreira started bouncing in her seat, out of the blue, she goes off. Now she’s complaining that Frank Carson is making noises from his seat at the table. She says he is a defendant in this case and it is inappropriate, and he needs to be stopped. Marlisa Ferreira says it makes the DA look bad in front of the jury. (She doesn’t need any help with that). Marlisa Ferreira is saying that they did the right thing in disclosing the information. She was really picky about it. I didn’t see or hear Frank doing anything, but I don’t know. He could’ve been talking to his attorney too. So that there’s nothing that I can add to that.
The jury came out that 2:12 PM. Cory Brown was on the stand. He talked about some of the evidence that on August 23. that he received it from the Mariposa County deputy and took it to Stanislaus County. took it out again on 9/23/2013, put them on butcher block paper and photographed all the items. They are showing images of the shirt and from 4/8/2016 is when he took some of these out again and took some pictures and he re-rewrapped them up again. They show the picture of the shirt on the overlap, they showed some closer, some farther views. It’s a shirt that said “loose cannons” on it across the top, it had an image of a speedboat that was a loose cannon speedboat and it was sponsored by some construction company. They zoomed into certain areas of the shirt and Cory Brown said there is a small circular defect, is what he called it, on the left back of the shirt. They showed another picture of a circular hole on another part of the backside of the shirt. He also zoomed in on some pictures of pieces of the boot that were packaged together with the shirt. Then they went to some pictures of the Carhartt jacket, they’re are just establishing these pictures as evidence. The defense objected to some of these pictures, but they were allowed in. There was a sidebar and they talked about it. There was a piece of jacket there is a picture of, in the overall jacket, the outside of the jacket there was what they call 3 defects, small holes and there is some discoloration, but he said that discoloration could also be due to vegetation. Doesn’t need to be blood, could be vegetation from where was laying in the ground up there. the back of the coat and that discoloration, there was a close view of the coat. They had a ruler and showed how big those holes were. Again, Cory Brown says the discoloration is typically caused by vegetation. there some more pictures of the jacket, they had a ruler and called it a 2/8 size hole, that’s a quarter-inch on a ruler. Then he moved to another picture to show the other holes and the third hole. All discoloration he said was with consistent with the vegetation in the area. They brought up some other pictures. There was one picture that for some reason that didn’t match with the screen and the defense hadn’t seen it, so the objection was sustained. There is a picture of the boots that were collected. The lock that was collected from Kevin Pickett, one of the keys on the carabiner where the body was found, matched the master lock on Kevin Pickett’s house. The jeans were in a shabby condition. They show close up pictures of jeans and reverse angles and all that stuff. They were really tattered and in pieces. There was a sock, boots, a silver ring, unfired 22 caliber round, a nickel, a spent bullet that was mushroomed and a close up of the 22-caliber round. The round had been mushroomed, it was a lead bullet that had been mushroomed. There was a pen of some sort, looked like a writing pen. They put up a picture of the 22-caliber unspent round. A picture of this spent round. A picture of a piece of the jacket, the right side of the hoodie some bleaching had been done on that. He said that typically when it’s colored like that it’s from a mold or something along that line. There were some cuts from like vegetation or from limbs or something could’ve worked their way through it. Again, discoloration from the vegetation. On the right side there was a pocket with a button, they showed a picture of that. The whole back of the coat that was red and bound the discoloration he says again from the vegetation. The front of the coat they showed, was unzipped. The right sleeve was pulled out of the coat, it was inside out. There were two boots and one insole. One boot had an insole, these were not insoles that came with the boots, these are extra insoles that you slide into some shoes. But the right boot tongue and inner padding was missing. There were two screws through the sole of the boot that were holding it together. Again, discoloration in small areas on the boot. The left boot was badly tattered and pretty much taken part by animals in the environment and some of the laces were missing on that boot. The sole of the boot was black and dirty. It was dirty from dirt of whatever kind of elements are up there. They showed a close-up again of the shoe with the screws, the headlamp that had no strap, but the forehead part it was cracked and back piece was off, the keys with a carabiner, lock and key with the lock was open wide to his key when the keys on the key ring opened up the lock at Kevin Pickett’s house or Cory Kaufman’s home. In one of the rat dens they discovered a package of this extremely discolored rolling papers, so it had been dragged to a rat den.
The jury was sent out at 2:59 for break. They must give the staff breaks. The court reporters are just working so hard.
They came back from break and Percy Martinez was arguing to the court that the way this evidence is packaged the jury is unable to actually view the evidence. They don’t really want the jury handling this evidence, but on the other hand they have to be able to look at it. They have it in cardboard shaped like a box, but it’s open on the top and on the ends and they wrap it in clear plastic. So, they have it wrapped and sealed, it’s probably hazardous material and stuff, so it’s safe. He is saying that the jury’s not going to get a good look at it. Judge Zuniga talked about the local rule of court, says it’s only in Stanislaus County, there is no law that she can find in the state or even federal law that says they have to secure evidence like that. This is a local rule that it must be sealed like it is. There is no state law in sealing the evidence, nor federal that she’s aware of.
Jai Gohel argued that the jury has a right to examine all the clothes. So, that’s going to be dealt with at the time when the jury wants to look at them. She again just wants to move forward, she doesn’t want to talk about these things.
The jury came back up at 3:39 pm and the DA started her direct of Cory Brown again. Talking about evidence #551 and #551a. One of them is an evidence bag that had some parts of the boots, can’t read my handwriting here, but it is something boots and probably the laces or something. There are some things that are separated, but actually go together like the tongue of the boots and the inner lining pieces. There are also two screws the right boot. He cut opened the box that had this wrap around it that I just described and put some gloves on and took them out of that display. He was up there on the witness stand showing the jury the boot. The jury was really interested in looking over them. The boot had a blue liner on the inside, but much of it was missing. He did not recall if there was any discoloration on the liners, but he does see discoloration on the inside top area of the boot and the outside also just at the top on the outside. There’re multiple stains on the inside and the boot stitching is discolored and the eyelets and other things, the metal parts of boots are discolored too. He took out the left boot, that was a right boot he was looking at, there was some staining. He says dirt on the sole from leaves, rusted metal on the eyelets, discoloration on the eyelets and discoloration on the outside. The lining is still intact somewhat, but the insole (again that’s an insole that just slides in and out, it’s not part of the original boot) is partially intact and discolored consistent with mold. He said it looked like there was some mold inside the boot. She asked if there were any remains found inside the boot? Any bones or body parts? There was not. There was also a piece of the tongue that was inside the boot, it is not attached to the boot, it was just there in the display. There are dark and light areas in the leather and he says that is typically environmental concerns that do that.
He was asked if he traveled to New York in September 30, 2013 to talk to Christine DeFilippo. Korey Kauffman had been found prior to that visit. She was going to college in Brooklyn, NY. Christine DeFilippo said Frank Carson had sent her with a paper to not talk to law enforcement officers without an attorney. She was not in possession of that paper at the time when they got there. He said he asked Christine DeFilippo if Frank Carson ever had a gun? She said that he had a rifle that she had seen at one time.
They were starting to wrap things up here, so she moved all of her items into evidence and he also said that on August 14, 2015 (it’s a familiar date, it’s the date they got arrested) he had pulled 21 items out of the evidence lockers and sent them the CDCR’s high-tech unit (that is California Department of Corrections and Rehabilitation high-tech unit). he asked for a forensic exam of that evidence. He did not specify as of yet what that evidence was, but if it’s high tech, it’s a cell phones and devices like that. He also got a response from Google of any satellite images 1190 East St. NE. 838 9th St. he had asked for. He’d subpoenaed them for any images that they may have. He received a compact disc and certification from the keeper of records at Google so those are moved into evidence -the disk with the images, the certification was moved into evidence. They had a sidebar and then broke for the day.
The jury was out around 4:10 pm. So, they didn’t really have a whole lot of time in the courtroom, just this afternoon. Tomorrow the jury’s coming in at 10 AM, attorneys are coming in at 9 AM. she wants to finish his misconduct motion tomorrow morning, so that’s will see if she can actually do that. She hasn’t had good luck on finishing motions throughout this entire saga. So that’s all I’ve got. Good Night Everybody!
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