FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
MORNING SESSION 10/17/2018
BY WILLIAM THOMAS JENSEN (TOM)
WEEK 26, DAY 89
SMOKE AND MIRRORS
This morning, I was expecting to see the continuation of yesterday’s motion to dismiss with prejudice concerning Jim Cook’s lie on the stand about using Google Maps. Instead, we heard arguments concerning the use of a clear manikin with internal lighting to display the Carhart coat that was found at the spot in the Mariposa forest where the body of Korey Kauffman was found.
Marlisa Ferreira starts out by citing case law that she believes will support the manikin being used. She cites the People v Brown, and the People v Medina. She speaks about how one of the cases involves the defense arguments that the manikin created a “Brooding Omni- Presence” She speaks about how the defense attorneys in the Carson case indicated that the manikin gives the illusion of a soul to the coat. Marlisa Ferreira speaks about how case law supports her wish to use trajectory rods with the set up to show the path of the 22 caliber bullets that penetrated the coat. She speaks about how there are 4 holes, two on the outside of the coat, and two on the inside lining of the coat, and how the trajectory rods show that they line up. She states that this is the only way that the prosecution can establish a murder by shooting in this case. She states that the advanced state of decomposition of the body prevents the prosecution from proving the cause of death by any other method.
Defense attorney Percy Martinez states that it is obvious that the case law that Marlisa Ferreira is using is dealing with situations where an execution style murder is involved. Percy states that the Carson case does not fit into that category. Percy states that Robert Woody is going to testify that there was only one shot to the back of Korey Kauffman, and that in this situation there is three holes that would indicate bullet holes. Percy states that the trajectory rods will not explain anything. He states that the use of trajectory rods will be very prejudicial. Percy states that we don’t know the position of the body or the arms of Korey Kauffman when the holes were made. He states that we have no wounds in a body to analyze. Percy Martinez states that the coat is the evidence.
Defense attorney Hans Hjertonsson takes a flashlight, and examines the coat on the manikin from the front and the back. After checking the coat with the flashlight, Hans states that it is not appropriate that this witness (Detective Cory Brown) should testify about the holes in the coat. Hans states that an expert in this sort of thing should be the one to testify about the holes. Hans states that the holes seem to be pointed downward, which would indicate that Korey Kauffman was possibly on his knees when he was shot. Hans states that the inner lining of the coat is elastic, and is constantly moving when it is being worn. Hans states that all the factors involving the bullet holes are unknown. Hans states that an expert would testify that there are 2-3 bullet holes with slices under the left arm pit area. Hans states that the trajectory rods have to go. Hans states that it is 352 for Cory Brown to testify about the bullet holes in the coat. Hans states that you need two objects to be able to show a trajectory, and we only have one object in this situation.
Defense attorney Jai Gohel states that there is no foundation for the use of trajectory rods. Jai states that Detective Brown is not an expert, it is totally misleading, and it is 352. Jai Gohel states that the coat is the evidence. Jai states that the prejudicial value is large in this situation.
Marlisa Ferreira states that it is not true that you have to have two objects to show a trajectory. She cites cases that she has tried that involved the trajectory of a bullet through a victim’s skull. Marlisa Ferreira states that the Carson case is indeed an execution type killing. She states that Korey Kauffman was shot in the back.
Judge Zuniga asks Marlisa Ferreira what the expert from the Department of Justice is going to testify about. Marlisa Ferreira tells Judge Zuniga that the DOJ expert is going to testify about finding traces of barium, antimony, copper, and lead in four 22 caliber sized holes that were found in the coat. She states that the expert will testify to exactly the same things that Detective Cory Brown will testify to. Marlisa Ferreira states that the DOJ expert will give a more scientific perspective to the testimony.
Judge Zuniga states that the burden of proof is on the People. She states that the defense will be permitted to unwrap the coat for analysis during the proceedings. Judge Zuniga speaks about how Robert Woody testified about there being only one shot. She then speaks about a recorded conversation that I am unaware of that speaks about there being two shots. There is some talk about how this was not disclosed to the defense. Judge Zuniga states that there is a problem with the light inside of the clear manikin, and that she will not allow the light to be used. The judge states that she is exercising her 352 powers in this situation. Marlisa Ferreira had argued that she wanted to use the light to try to show what positon the body was in when the shots were fired. Judge Zuniga states that she will allow a flashlight to be used. Judge Zuniga seems to think her rulings on Cory Brown are now done, but the defense attorneys ask her: “What about the rods?”
Judge Zuniga tells Marlisa Ferreira that she will have to lay a foundation with respect to the trajectory rods. She tells Marlisa Ferreira that she will have to state to the jury that she does not know what position the body was when the shots were fired.
Defense attorney Hans Hjertonsson now makes a statement to be placed into the record. He states that the use of the trajectory rods will be extraordinarily misleading, and that the defense attorney had no advanced notice that they were going to be used.
Defense attorney Jai Gohel states that Detective Cory Brown is not a ballistic expert, and that the defense should be allowed to open up the coat and be able to move the trajectory rods around. This is agreeable to Judge Zuniga.
Defense attorney Percy Martinez states that he wants to ascertain the expertise of the DOJ expert and Detective Cory Brown.
Defense attorney Hans Hjertonsson now states that he wants a 402 hearing concerning Detective Cory Brown. Judge Zuniga states that this request is denied. Judge Zuniga states that the defense is constantly complaining about the length of this trial. She now speaks about how there was no notice about the use of the trajectory rods.
Judge Zuniga now changes her mind about allowing a 402 hearing on Detective Cory Brown. It will concern the use of the trajectory rods.
It is now 10:52AM, and the jury is brought into the courtroom, and Detective Cory Brown is put on the stand. He is shown a series of pictures that were taken of the clothing that was found with the body of Korey Kauffman. Despite numerous loud objections, Detective Brown is allowed to say that there are numerous areas in the lining of the boots, and the tongue of one boot that show dark red stains. I must note that analysis of these stains did not indicate the presence of blood. Detective Brown testifies about the chain of evidence, and how he had sent the clothing items to several labs for analysis. When the clothing items were not at a laboratory, they were stored in the evidence locker at the Stanislaus County Sheriff’s Department.
Detective Brown now testifies about how he was involved with the search warrant that was served on Frank Carson’s mother’s house on 07/15/2012. He testifies that Frank Carson’s mother was home, and Frank Carson’s sister Rhonda was home when the house was searched. There was also a small child that was at the house during the search. Three laptop computers were seized, along with four disposable film cameras.
Marlisa Ferreira now asks Detective Cory Brown if he did an interview of Robert Woody on 07/17/2012. Detective Brown: “Yes.” Marlisa now tries to ask Brown where the interview was done. This is objected to, and the objection is sustained. We have a side bar. After the side bar, Marlisa Ferreira asks Detective Brown if he went to Scott McFarlane’s house on 08/19/2015. Detective Brown: “Yes.” We have another side bar. Marlisa Ferreira does not look happy when she returns to her desk after the side bar. Detective Brown testifies that he seized an old red rototiller from Scott McFarlane’s house.
We now go into a bunch of Google Map areal pictures of Pop N Cork Liquors that Marlisa Ferreira shows to Detective Brown. On a couple of the areal views of Pop N Cork Liquors, the side yard is seen to be uniformly green. On a couple of the areal pictures, you can see that there is a dark area in one of the back corners of the lot. It seems as though Marlisa Ferreira is trying to show that this darkened area had been dug up.
The jury is allowed to go to lunch at 11:50AM, and Detective Brown is asked to leave the courtroom. Defense attorney Jai Gohel complains that the darkened area at the back corner of the side lot is where some trees are growing. He states that he knows this as a fact. He states that the Google Map pictures are taken from 8 miles in the sky, and the leaves on the tree will make the back corner look darker than the grassy areas that are not covered by the trees. Judge Zuniga tells the defense attorneys that they will have to deal with this issue on cross examination. It seems as though Marlisa Ferreira is desperate and is now trying to use smoke and mirrors to save her failing case. Judge Zuniga has told Marlisa Ferreira that she should be seeking justice. It seems to me that justice and Marlisa Ferreira do not exist in the same world.
Sincerely; William Thomas Jensen (Tom)
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