Good evening, everybody it’s Marty’s from Dawg’s Blog with tonight’s podcast on the Frank Carson et al trial on Thursday, October 18, 2018. We are getting closer to what it all comes down to and that’s Robert Woody. Cory Brown is still on the stand today. The mistrial motion that the defense made regarding the Jim Cook debacle. Judge Zuniga took that really seriously and I won’t go over everything, but she said the prosecutor has an absolute obligation to turn over anything, even if they feel it is a minor thing. If it is Brady information that could help the defense it needs to be turned over. It’s not up to the prosecutor to decide if it’s relevant. It’s not up to the prosecutor decide if it’s something that’s helpful to the defense. Any information whatsoever they have an obligation to turn that over. Out of abundance of caution they need to turn that over and if they hide discovery information that is now a felony in California. Judge Zuniga did take this very seriously and decide that there will be an admonishment to the jury in regards to what happened. She will tell the jury that the DA did not turn over discoverable material in a timely fashion. So that’s what happened with that the Jim Cook debacle. She also had quite a few things to say about him: he’s been thoroughly impeached, he had all kinds of issues, there’s all kinds of problems, they double checked some of his protractor settings on his mapping on the stand and in the Hwy. 120 map he was 23° off. She was not impressed with Jim Cook. She says he’s one of those people that just you won’t answer a question but wants to talk a lot. He wants to say things the way he wants to say them, and she said many experts are like that, but he won’t answer questions and it’s very difficult. Even if they gave him all the information needed in the question asked, he still said he cannot answer questions posed (CNAQAP). he would tell them you didn’t give enough information to answer it. Well they did have information he just didn’t want to answer. So, on the jury was very very displeased with him.

The jury was up at 1:35 PM this afternoon and the Judge was on the bench at 1:38 PM. Percy Martinez was crossing Cory Brown and they were talking about the gravesite where the remains were found in Mariposa County. He asked him if there were any grid sections, that were sectioned off or tested? Sometimes they sift the dirt or whatever it is they do. There were no grid sections, there were no diagrams drawn out by Mariposa County Deputy Detective Sharee Hendrix. Cory Brown did not do any diagrams and nor did anybody else, he said. Cory Brown is not the one that should’ve been doing those diagrams. He’s responding to a scene that’s already been pretty much cleaned up as far as remains in an evidentiary things go, but it was totally messed up by Mariposa County. It’s really a problem for them.

They talked about the jacket. The first time he had really taken the jacket out look at it with it, he had wrapped it once before. They take butcher paper and wrap the evidence in it, for safety purposes. there could be materials like blood or bodily fluids. So, they wrap them up in butcher paper. It is a hazardous-waste type precaution. The next time he had it out was at the preliminary hearing with Martha Magana (the attorney for Bobby Atwell at the time) had insisted that he bring the jacket, so they can view it in the courtroom. Cory Brown had put it on display in the courtroom. The jacket was taken from Mariposa. Once he got all the clothes from Mariposa County, which Sharee Hendrix had taken all the clothes and threw them all into one bag. Now somewhere along the line somebody moved things around. Sharee Hendrix testified she threw things in the bag, everything in one bag including the bullet, so there is cross-contamination of everything and then she called Stanislaus County. Cory Brown is saying everything was separated and the bullet was in a small can in the bag and everything was separated. So, somebody had moved that stuff around and nobody seems to know. And this is also by the way the day of the magic bullet, is which is to be the title of today’s show because there’s more coming in some of this stuff. He put the jacket in another bag after taken photos on the table. He did not recall if there is any check of dirt or soil that was consistent with Turlock. He did not check the parts the pants of the jacket, the pocket of the jacket, the pockets of the pants or anything else that may have retained some soil from being buried. There is no sand residue on the table after he picked it up after taking pictures and after displaying it in the preliminary hearing, but he does say there was some vegetation remains, either stains or leaves or grass. The boots were tested for blood presence. Now for some reason they’re not saying that there was no blood on the boots and I don’t know why. I don’t remember the judge ruling that they can’t say that, but the boots were tested, and we all know that there was no trace of blood found in the boots.

Percy Martinez was asking about when Marlisa Ferreira talked about 838 9th St. And there was a trailer or something that was parked next to the three-car garage on Ninth Street, which is what he was identifying in the Google maps pictures. There was something there then but not something there now. Apparently, there was a trailer, or something parked there. He was trying to see what it was, next to the garage. He did not recall seeing that next to the garage when he was there on the scene. He was asked about the disposable cameras that seized on July 15, 2012 during the search warrant. He had the film developed but he didn’t know what the pictures were. So apparently no pictures or nothing of value, he doesn’t recall. He examined the Google satellite shots from 838 9th St. On the 838 9th St. There is a patch around the property in the back fence that that was not on some of the other pictures. Marlisa Ferreira had him looking at different pictures and was there a difference between then and now, and this date and that date. They were over a year apart. He talked about an area that was a path, that was created. He didn’t know how that was created. There is objection to that of course. He had observed some disking. There was a disc in the back, a tractor in the back. He wasn’t sure if its Bill Borba’s property or not. The disc that had garnered some interest by Department of Justice and they were trying to measure the disc, measure the grooves in the dirt in the back. He said the ground that was disked was consistent of the type a disc that was located by the tractor on the property. He did not see anyone examine the disc, but they did say that there were some people that were measuring it. He said the worn path, there is like a footpath that was in all the photos, but he never spoke to Bill Borba. He was asked in 2011 where there the same five containers towards the back of the property (between the double-decker bus in the back of the property and the fence line) and they were still there in 2015. so, no containers had been moved out. Percy Martinez had no further questions.

Hans Hjertonsson started to cross and asked about those Google images. They went through different time periods for the Pop and Cork pictures. There’s two dates that were on the image, the acquired date (the date they took the picture) and then the invested or integrated picture (the date it was posted on Google maps satellite images). there are no timestamps on the pictures. Some of the photos are really poor quality and they’re different angles and not all the same angles. They were looking at a photo from September 14, 2014. he could not with any specificity, look at that photo and tell where they dug when they were looking for the gravesite was at the Pop and Cork lot. He was pointing at something that was in that area, but he couldn’t tell with the satellite view, if it was something laying on the ground, something that was in the ground, something standing on the ground. He couldn’t tell from the satellite view. There were some shadows that they noticed from the fences, trees and buildings. So, they can kind of get an idea of where the sun was, it was in a westerly direction, so it was later in the day when the pictures were taken.

He was asked about all the items: the jacket, shirt, pants, and boots. They were taken to Department of Justice in a sealed condition with evidence tape where they were tested. When he received one of the packages back from the DOJ it was not sealed properly. So, they don’t know what happened there. In September 2015 he picked up items from the DOJ lab and again that’s where he saw that it was not sealed at the lab properly. He also noted there was a toothbrush it they said we belong to Korey Kauffman and there was a reference to it in the police report and apparently it sounded like it was taken as evidence, but I’ve never seen it or heard about it before. He was told that it was Korey Kauffman’s toothbrush. It was labeled Cory CB 88 for Cory Brown 88 and Korey Kaufman’s address book. Originally, they said it was his cell phone, but it was his address book not his cell phone.

He said he was a lead investigator in the investigation of the missing person of Korey Kauffman. He said he was a lead defense investigator and it was a Sheriff’s office case. He was asked about when Marlisa Ferreira asked if he was a lead investigator and he said yes and that was from the end of May or beginning of June 2012. he was brought in to the task force, it was a decision that was made by his supervisor. Apparently, they wanted him to write the wiretaps and do the warrants and handle the evidence. When it was turned over to the District Attorney’s Office in 2015, when the charges were filed after everybody was arrested, he had his own office in the DA’s office. Again, we talked about this morning, they had a briefing room that had all the information in regards to this case and it was called the war room.

He went to Mariposa County the first time to view where the body was located on August 22, 2013. the next day they went back, and they started putting out flags where Sharee Hendrix was pointing out where she picked things up. This where the pants were, this where the jacket was. She did not mark anything. She did not secure the scene. She picked up all the evidence threw it in one bag and and called it a day. So, they had to mark all the evidence that she picked up and she had it again had to tell him where it was. Sharee Hendrix also noted where she found the spent bullet, that’s the bullet that was underneath the pants or the jacket, depending on which story you want to listen to. He put up flags were Sharee Hendrix pointed and he put up about 12 evidence markers altogether.

Jai Gohel started his cross and again he asked when he was first on the case? In May 2012. he was aware of a task force that was formed. He was asked about Kurt Bunch having been a designated officer of one of those task force officers. He also noted that Kurt Bunch has been sitting with Marlisa Ferreira the entire time this trial been going and including the preliminary hearing. He asked Cory Brown if he ever sat next to Marlisa Ferreira as the investigating officer in this case? He said no he has not. In one of the warrants and in some of the other things that were filed in this case, he described the “task force”, to use a term task force. They don’t like using that term now, they want to use Multi-Agency Investigative Team. The task force was Kurt Bunch, Frank Navarro, Ken Berringer at the time, in the beginning. In May 2012 Cory Brown was brought on to write the wiretap warrants and he did target a phone line for that warrant and that was Frank Carson’s phone was the target phone.

He was asked if he received any information from Kirk Bunch about any funding? He said no. He knew that Kurt Bunch started investigating in April 2012. Cory Brown was not aware of any funding provided, only aware of the some of the money that was directly involved with his supervisors. Wiretaps started on June 21, 2012 until it was taking down. He didn’t give a date. It was a 30-day wiretaps, so probably on July 21.

He did leave the Sheriff’s office for a short time, for six months I believe. He came back he said in 2014, if I remember correctly. He went to work as a loss prevention officer for Savemart for 6 months and then when he came back they eventually wanted him to come back and start writing some of the warrants. He did write the Ramey warrant. There was a long list of questions that Jai Gohel was asking in regards to the DA’s office in funding for travel. If he went to New York? If they went to Hawaii? They were all objected to. The judge is not going to allow that.

he was asked if Mike Cooley and Eula Keys were ever a target of the wiretap? He says no.

He first went to the Mariposa County Sheriff’s office from the Sheriff’s office here and back with Kirk Bunch. Jai Gohel was trying to get a time estimate on how long they spent going to and from Mariposa County. They went out 132, through Empire to Waterford, out to Coulterville and then to Greeley Hill Road and then to some dirt roads and finally they got to location. He said it took him at least an hour and ½ to get there. He did go through some stream beds which means he had to slow way down and go through the area really slow.

They showed a picture on the overhead, of the ring, the bullet, and the nickel. The bullet was a complete bullet, this wasn’t the mushroom bullet, this is a still a live round that was found in the evidence. That bullet was never tested for anything. Sharee Hendrix never said that she had found the bullet under the jacket. Now are talking about the mushroom bullet. He said she told him she found it under the jeans. Sharee Hendrix’s testimony was that she found it under the jacket but had written differently in her report at the time. He was never told who found the bullet or where it came from. We are talking about the other bullet, the live round. Nobody knows where that bullet came from. This is the magic bullet of the day. apparently have asked everybody and nobody knows how that bullet got in there, nobody remembers picking it up. They never used any metal detectors or anything like that.

In regard to the Google maps again. They were talking about picture number #554 it was a September 2014 photo. They were talking about Pop and Cork. This is the roof. This the wall along the lot. There’s a residence next to the lot. Cory Brown was on that property in July 15, 2012. then he showed picture number #555. it was another satellite view from 5/15/2012. now remember 5/15/2012. the district attorney’s theory is that the body was moved to Mariposa County on April 27, 2012. it was the night of the 26th of morning of the 27th, that body was moved. That is what they are claiming. They are showing this picture from 2014, over two years later, and are saying there are some possible defects in the ground. They are trying to make it appear that something’s been dug up. In 5/15/2012 it’s a green grassy lot. And you can’t see what you see in the other picture that’s two years later. They’re trying to create a little bit of visual to the jury of a possible grave is what it sounds like. Remember they said the body was down for 28 days. After it was taken from Frank Carson property, it was buried at Pop and Cork for 28 days and then moved to the mountains the night of April 26 or the morning of April 27th. But he didn’t notice any holes or disfiguration in the ground on that satellite picture that was taken on 5/15/2012.

He was talking about the search warrant of the lot. There is another spot that he didn’t know what that discoloration is. Jai Gohel was saying there’s a tree there do you think it might leaves? He said he really couldn’t tell.

Jury was sent out a little after three. We took a break. The Jury was back up around 3:23 PM. Jai Gohel was asking about picture number 554 again, which is one from 2014. He was looking at other pictures too that were from 2012. he had gone to Pop and Cork in 2012, he was present Pop and Cork on July 15, 2012.He was asked if he saw any streetlamps around Pop and Cork? on the streets? In the alley? On the lot itself? Anything here that illuminated the area? He didn’t notice, he didn’t look around to see if there were street lamps that would illuminate somebody burying a body it the middle of the night. When he went back on August 2015 he was more focused on the side lot. He had not known until then, and that’s when they did another search warrant that the side lot was actually part of Pop and Cork. He was not aware of that. It looks to me like there is a lot of stuff that was overlooked in this case from everybody. Not knowing that the lot was part of Pop and Cork is pretty big gaffe if you asked me. He said he walked around the lot and he had information that was a possible crime scene on 4/27/2012. he did not recall again if there any lights on in the corner of the lot. Again, looking at picture number #555 it shows the buildings, along the fence line right next to the Pop and Cork lot is a two-story house. Across the alleyway in the back there’s apartment buildings, or they might be on the side of it, I might have reversed. Either way there are big buildings with people who could have seen things. He did not check with the neighbors. Did not knock any doors to see if anybody heard or saw anything going on that night. He did also note that there were while he was there was dogs barking in the area. He is not aware of anyone else that had interviewed the neighbors as he had seen no reports or heard any information. Robert Woody was there being videotaped and pointing out where things happened. Marlisa Ferreira was there also and still no one suggested talking to the neighbors.

In regard to the socks, again they don’t know who found the sock that’s in the evidence. And there is some stained what he thought was vegetation in the socks. It did not appear any dried blood from the toes of the fingers being cut off or anything like that. Jai Gohel brought out the evidence number 551, it was the box with the boots. They took out the boots and they were pointing at the toe cap of the right shoe and the bottom of the shoe had no holes in it. So, they’re talking about the discoloration up and down and again he said their vegetation stains. He did not think that any of them were bloodstains himself, he can make observations, but he doesn’t really know anyway. They looked at the insert to the right boot. He did not know if it was found inside the boot or not. Showing the insert on the Elmo, which used to display pictures on the overhead. He couldn’t really tell from that picture the discoloration and stuff. It just didn’t come across right on the Elmo and Jai Gohel eventually just had Cory Brown go through all the stains again, showing the jury. The left shoe had an insert also inside the shoe. He said it was in the shoe when it was found, but he didn’t know who found it. All these items were tested for blood and he had told Marlisa Ferreira about the results of the blood test prior to her questioning him on direct. Now again they did not talk about the results and it was revealed a preliminary hearing that everything was tested and there were no trace amounts of blood found anywhere. There is no trace of blood found on any of those.

Marlisa Ferreira went back to redirect. She asked him about the crime scene evidence that he booked into evidence and then he took the evidence out for testing, but the jacket, the shirt, the pants were all taken to the SERI lab which is a DNA lab. I believe they took the boot too, but she didn’t mention that so I’m not sure now. Cory Brown is he said he’s unable to determine what is or what is and what is not blood, he can just make observations. he’s unable to determine vegetation description on the clothes. So, he said he’s got no training in blood analysis, but does have a lot of experience and training in crime scene analysis. He uses his visual observations at the scenes and he has done about 170 death investigations and the majority of them he says involved blood. Marlisa Ferreira pulled out picture 555, it’s a view of the Pop and Cork yard again. She talked about where the sun was to the right and talked about the shadows of the fence and the shadows of the tree. She’s pointing at the middle of the back side of the yard where there’s some discoloration or what they call defects, down towards the bottom part of the photo, she asked if that area was different than the rest of the yard? Saying it is not the same color as the rest of the yard. He is saying yeah there’s some discoloration there, the rest yard is nice and green, but not there, it was discolored. These pictures are being taken from 8 to 10 miles up in the sky. In 2012 she asked him did he know that this yard was part of the Pop and Cork? He said no he didn’t know that until 2015 when they did the second search warrant. Somebody didn’t do due diligence on this.

On the left side of the picture, I want to say #555, there was a rectangular discoloration. It almost looked like a square on there. I haven’t been on that lot, so I don’t have perspective distances or sizes, but it looked like a pretty good size, it covered two thirds of that lot. They put some pictures side-by-side and that rectangular area that’s discolored that I was just telling about is not on the other side of the screen. So, they’re talking about some major differences in the two pictures. The problem is and the DA’s got a big problem, the second picture that it doesn’t show up is from May 2012. That is like 18 days after they allegedly moved the body, there’s no discoloration there, nothing. It is all green and flush. She’s matching up a picture that from an earlier time, I believe the first picture was from 2011 to days after this alleged movement of the body. That was it for the afternoon. The jury went out at 4:05 PM. they’re coming back at 9 AM tomorrow. It will continue with Cory Brown. There are some other witnesses that are on tap. I don’t think Cory Brown can be up there much longer. Remember what I always say: don’t take my word for it, come to court find out for yourself. Goodnight everybody!

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