WEEK 26, DAY 90

I am going to have to keep this article short and sweet, because of things that I need to do this afternoon. We start out at 9:12AM with Marlisa Ferreira saying that she is not going to be able to get Faye Springer to the stand. I think she is the trajectory expert. This will prevent her from saying anything in front of the jury about the position of Korey Kauffman when he was allegedly shot. Marlisa Ferreira starts asking about what she can do concerning questions involving trajectory of the bullet or bullets that penetrated the Carhart jacket worn by Korey Kauffman. In the end, Marlisa Ferreira states that she will not ask any questions concerning trajectory. Now, Marlisa Ferreira starts saying that she should be able to speak about possible trajectory. Judge Zuniga says that this will require a 402 hearing. The prosecution and the defense square off on this issue. Judge Zuniga states that Marlisa Ferreira is conflating two things. Marlisa Ferreira once again interrupts the judge while she is speaking, and once again gets warned. Judge Zuniga states that Frank Navar has not testified yet, and she can possibly get into this line of questioning after he testifies. The judge states that these arguments are indeed argument, and can’t be done without an experts testimony. She states that the rods must be removed from the manikin for now. Marlisa Ferreira continues to argue after the ruling, and gets some stern words from the judge.

We now get into the mistrial motion concerning Jim Cook’s lie on the stand about using Google Earth to analyze some cell phone data records. She goes over some case law that she has found on the subject of Brady violations. She states that Jim Cook’s work was shown to be not correct. She called Jim Cook evasive on the stand. Judge Zuniga: “He can’t answer a question to save his soul.” She states that Jim Cook was impeached multiple times. She states that Brady states that Marlisa Ferreira should have disclosed the information immediately. She finds that Marlisa Ferreira is guilty of a Brady violation, and states that she will instruct the jury that the People failed to turn over evidence that was favorable to the defense.

Marlisa Ferreira now states that she wants Mr. Singh to come in and determine if he is going to take the 5th. I believe that this is going to be taken care of next Tuesday. We are going to get into the cadaver dog issue on the morning of the 24th. The defense attorneys have so far been unable to get any answers concerning the training of the dogs.

We now get into Exhibit 550 which is a hand drawn map that shows where the cones were placed and where the objects were found in the mountains near Mariposa. There is argument that the hand drawn map does not accurately depict the area where the items were found. The defense attorneys state that the map was not drawn to scale. The defense attorneys argue that there is an issue where the expended bullet was found. One account had it being found under the jacket, and another account had it being found under parts of the Wrangler Jeans. This is called misleading under 352, and prejudicial. Percy Martinez argues that this hand drawn map is nothing more than a police report, and police reports can’t be used. Judge Zuniga states that it is indeed misleading, and sustains the defense objection. It can’t be used.

We now go into Exhibit 448 and 449 which is some stuff related to Apple. 449 is allowed to be entered, but will not be shown to the jury. Judge Zuniga states that the disc will not come in.

Right before we take a break, the issue of some questions that Marlisa Ferreira wants to ask about Jack Abel comes up. The problem is that Jack Abel is going to take the 5th, and without his testimony this will all be hearsay. Ms. Ferreira goes over some alleged statements by Jack Abel to Detective Brown where he allegedly said: “We are trying to find out what you guys already have.” Another of the alleged statements was: “Did you find his cell phone?” “You guys tried to ping it, the battery is probably bone dead.” Percy states that all the questions are generic to Private Investigators. He states that they are not co-conspirators. Jai Gohel states that nothing here suggests that Frank Carson was directing the investigation. Marlisa Ferreira argues that Jack Abel stated that he would not answer any questions that were not put into writing, and would not talk to Detective Navarro. These are the same things that Frank Carson had said at his law office. Judge Zuniga states that the defense must be able to cross examine, and this will be impossible if Jack Abel takes the 5th. She states that Prop 115 only allows this sort of testimony in a preliminary hearing. She states that it is a due process issue. Judge Zuniga: “It is not looking good for the People.” Judge Zuniga: “You can always offer him immunity.” Here she goes again helping the prosecution. So much for an impartial judge. Judge Zuniga to Marlisa Ferreira: “So far you are behind.”

At 11:12, the jury is brought into the courtroom, and Detective Cory Brown is put onto the stand. Detective Brown testifies that he was assigned to the case by Sargent Kylie, and does not remember if Sargent Bagarin was involved with assigning the case to him. He states that he worked in the same unit as Bajarin. Kyle told Brown that it was a missing person’s case. Brown states that he was assigned the job of writing search warrants. He worked out of the Sheriff’s Department and met frequently with Bunch, Evers, Navarro, and Barringer. He mostly wrote the affidavits for search warrants on the wire taps. Brown states that he did meet at the DA’s Office, but not daily. Brown states that he went to the Ceres Police Department for briefings, but did not store evidence there. Brown states that meeting at the DA’s Office began in 2015. He states that he had his own office at the DA’s Office, and they all met in another room called the “War Room.” Brown states that one of his duties was to look at funding. He states that the Sheriff’s Department covered the expenses from members of the Department of Justice, Department of Corrections and Rehabilitation that worked on the case. Brown states that he kept his supervisors advised at the Sheriff’s Department.

Detective Cory Brown now goes into how he went to Mariposa on 8/22/2013, and met with Detective Cherie Hendrix in a trailer. He states that Hendrix had gone to the grave site on 08/20/2013 and collected some evidence. Brown states that he stayed in Mariposa, and went to the grave site on the 22nd and the 23rd to collect evidence. He states that Detective Hendrix told him where she had collected the evidence she had found. She did not place any flags where she found the evidence, and had to show Brown out of her memory where the items were found. Brown placed flags where Hendrix pointed, and did not take measurements between the various places he marked with flags. It sounds to me like both Hendrix and Brown totally screwed up the crime scene and investigation. Brown tells Percy Martinez that the soil in the area was reddish brown. This matches the discoloration that was found on the boots, and the lining of the boots.

Detective Brown now goes into the search warrant that was served at Frank Carson’s mother’s house on West Main Street. He states that nothing was seized. He states that Frank’s mother was planting flowers.

Detective Cory Brown tells Percy Martinez that he was aware that the body of Korey Kauffman was allegedly buried in Turlock. He states that he had the clothing tested. All items were tested for blood. No blood was found. He states that the clothing and boots were not tested for soil that would be consistent with Turlock soil. Percy shows Brown the box of the shoes and fragments of the shoes. Brown is asked about the discolorations that were found on the boots and fragments. The discoloration matched the color of the soil in the area where the body and clothing were found. It is now time for lunch. I will be there tomorrow morning to report on what I see and hear. Wow, this one was longer than I intended.

Sincerely; William Thomas Jensen (Tom)