FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
BY WILLIAM THOMAS JENSEN
POWERFUL MISTRIAL ARGUMENTS
Court resumed this morning at 9:40AM. Only 10 minutes late is not too bad. This morning, we had arguments on a mistrial motion by the defense. Self-proclaimed cell phone expert Jim Cook had lied on the stand about not using Google Earth to do any of his cell phone mapping, even though he had used Google Earth the night before he testified. Marlisa Ferreira was completely aware that he was lying on the stand, and did not immediately correct him.
Defense Attorney Percy Martinez starts out with his arguments. Percy states that Jim Cook had testified that he only used a protractor and “eye balling” to do his analysis of the cell phone data records. He states that Jim Cook had compiled between 40-50 diagrams using this method. Percy centers in on Jim Cook’s cell phone analysis concerning the Southeast Turlock cell phone tower on the Southeast sector of that tower. He states that Jim Cook’s analysis always showed that Frank Carson’s property was within that sector on that tower. He states that Jim Cook had testified that he had never used any software to make his cell phone maps. Percy Martinez states that Jim Cook did indeed use Google Earth on the evening of 08/21/2018 to check his maps for accuracy, and had determined that Frank Carson’s property was not within the coverage of the cell phone tower. Percy states that Jim Cook sent Marlisa Ferreira an E-Mail with an attachment of his analysis around 8PM on the evening of 08/21/2018. He states that Jim Cook’s analysis using Google Earth showed that Frank Carson’s property was outside of the coverage area by at least 3 degrees. He states that Jim Cook was still on cross examination by defense attorneys Hans Hjertonsson and Jai Gohel on 08/22/2018, and Jim Cook denied on the stand that he had ever used any software to analyze the cell phone data records. He states that Ms. Ferreira was in possession of a diagram while Jim Cook was testifying that showed that Frank Carson’s property was at least 3 degrees outside of the coverage area of the cell phone tower. Percy states that this was clearly Brady material, that showed exculpatory evidence. He states that Jim Cook was on the stand the entire day, and Marlisa Ferreira never once offered up the diagram to the defense. Jim Cook was done with his testimony by the end of the day.
Percy Martinez states that Marlisa Ferreira was 30-45 minutes late the next morning, and Jim Cook was sitting in the hallway. He states that Marlisa Ferreira then called Jim Cook back to the stand and she gave the diagram to the defense attorneys. Percy Martinez states that Jim Cook was done with his testimony the day before, and the defense attorneys did not have any work materials with them to use with their cross examination. He states that the attorneys all went into the judge’s chambers. He states that Marlisa Ferreira was willing to stipulate about the situation, but the defense declined to accept her stipulation. Percy states that Marlisa Ferreira admitted that she had this information on the evening of 08/21/2018. Percy states that this information should have been disclosed while Jim Cook was on the stand during cross examination by the defense. Percy states that this was Brady information, and that Marlisa Ferreira had the duty to turn it over immediately. He states that the impact of this would have been much greater if it had been disclosed during cross examination. He states that Marlisa Ferreira lessened the impact by delaying turning it over to the defense. He states that Marlisa Ferreira allowed Jim Cook to falsely testify. I call this suborning perjury folks. He states that Marlisa Ferreira had the ethical obligation to immediately stop Jim Cook from falsely testifying in front of the jury.
Defense attorney Jai Gohel calls Jim Cook’s testimony perjury. He states that Marlisa Ferreira committed fraud on the court and the jurors. He states that this violates Brady, and totally impeaches Jim Cook’s testimony. He states that Marlisa Ferreira is going to blame the court or the defense attorneys for this situation. He states that she withheld a document that is crucial to the credibility of her witness. Jai calls it a day late and a dollar short. He calls it outrageous misconduct. Jai Gohel states that this situation calls for at the very least an instruction to the jurors, but that this would not be enough. He calls for a mistrial with prejudice. He states that this trial should be dismissed.
Defense attorney Hans Hjertonsson goes over Jim Cook’s testimony word for word when he lied on the stand. He states that Jim Cook committed perjury. He calls it false and misleading. Hans: “She knew what she had.” He states that the material should have been disclosed immediately. He states that timing is everything in a case. He cites case law of Marson, LaPue, and LaPage. He states that Marlisa Ferreira had a duty to turn it over immediately. He states that Jim Cook committed perjury, and knowingly lied on the stand. Hans states that he believes that Jim Cook lied on the stand about several other things as well.
Defense attorney Jai Gohel states that this is an obvious Brady violation. He states that Ms. Ferreira was already on notice about discovery issues. Jai: “I knew those maps looked funky.” Jai: “I went though each map, I was nibbling, she knew how important it was.” Jai states that Hans Hjertonsson asked again and again on Wednesday if Jim Cook had used Google Earth or any other software to check his work. Jai Gohel: “Marlisa Ferreira took the bait, and she went to her office and tried to do analysis using Google Earth. She was unsuccessful, and Jim Cook did the analysis at his house on his own. Jai Gohel: “We tested it ourselves, and Frank Carson’s property was outside by between 10-15 degrees. Jai Gohel states that this analysis is now an alibi for his client. He states that any exculpatory evidence must be disclosed immediately according to the statute. Jai Gohel: “Clearly, Cook’s maps prove that my client was not there.” He states that Marlisa Ferreira did not know that he was going to go back into this issue. Jai Gohel states that Marlisa Ferreira furiously objected repeatedly when she realized what was happening trying to prevent Jim Cook from answering his questions, and perjuring himself. He states that Jim Cook finally answered “No, I did not use it.” Jai Gohel: “I told the court that Jim Cook needed a lawyer.” Jai Gohel cites the U.S. v LaPage that states that this should have been handled by an immediate side bar. He states that Jim Cook’s testimony should have been interrupted immediately. He wants dismissal of the charges with prejudice. He states that Marlisa Ferreira was already on notice for discovery problems. We now take a break.
Judge Zuniga tells Marlisa Ferreira that she should have filed a declaration. She states that she does not remember Marlisa Ferreira coming in late.
Marlisa Ferriera was silent during the entire arguments by the defense. She seemed to be subdued. She states that she received the E-Mail at 7:58PM on 08/21/2018, and read it an hour later. She states that she called Jim Cook early the next morning, and instructed him to be at the courthouse. She cites the 3 prongs of Brady, and how the defense has not met the 2nd and 3rd prongs. She cites Morrison. She states that the defense can call Jim Cook to the stand during their case in chief, or have the judge instruct her to call Jim Cook back to the stand. She states that Brady is not subject to statutory requirements. She states that she has a right to make objections. She states that the defense already knew that the Carson property was out of the coverage area of the cell phone tower and sector because they analyzed it themselves. She disagrees that the impact of the offense was diminished by her late discovery. She calls the defense arguments as being speculation. Judge Zuniga tells Marlisa Ferreira that Jim Cook’s testimony was done. Marlisa Ferreira: “I did bring him back.” We are now out of time for the morning session. This thing is going to continue into the afternoon session. Remember to listen to Marty Carlson’s podcast tonight to find out what happens. Like usual, this judge will probably say “Nevermind.”
Sincerely; William Thomas Jensen (Tom)
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