WEEK 27, DAY 92


It is amazing how late Judge Zuniga can be when the jury is not present at the start of the day. Court was supposed to start out at 9:00AM. Court began at 9:55AM with Judge Zuniga saying: “Sorry folks.” Between the judge, and the all the motions and hearings, this case seems to be going sideways. I heard some talk about this case going to the jury in February. At the pace it is progressing, I think that prediction is a pipe dream. DA Investigator Kirk Bunch has done some wild things with his hair do. He has gray walls on the side with dark black longer hair on the top. I would be so embarrassed with the look that I would have trouble getting out of the house. But I guess no guts no glory. We have a new rock star for sure.

Present in the courtroom this morning was a representative from the Attorney General’s Office named Loren Dew. Also present was attorney Alonzo Gradford, and his client Eduardo Quintanar. Marlisa Ferreira had made a motion to be able to use the personnel file of Eduardo Quintanar and Scott McFarlane. These types of files are almost always private and off limits. Judge Zuniga states that she is denying the motion by Marlisa Ferreira because there are problems with the papers that were filed by the District Attorney’s Office. The judge states that the personnel files contain content that was done by Internal Affairs, and that the burden of proof is on Marlisa Ferreira. Marlisa Ferreira states that she is going to file some new papers on this issue that will attempt to satisfy Judge Zuniga. She must submit these papers by October 24, 2018, and that the papers must contain the proper declarations. Judge Zuniga states that the defense must submit their response by October 30, 2018. A hearing on this issue is scheduled for November 2, 2018 at 9:00AM.

The next issue that we deal with concerns a private investigator named Jack Able who works for Frank Carson. Jack Able is in the courtroom with his attorney David Bonilla. Marlisa Ferreira is trying to put Jack Able on the stand as a witness, and we have heard that Jack Able is going to invoke his 5th Amendment Rights. Jack Able is put on the stand, and Marlisa Ferreira asks him what he does for a living. Jack Able immediately invokes the 5th. His attorney states that Jack Able is also claiming privilege under the attorney/client privilege. Marlisa Ferreira states that she is prepared to offer Jack Able immunity for his testimony under 1324. Judge Zuniga states that the attorney/client privilege claim will require a 402 hearing. Judge Zuniga takes Marlisa Ferreira and David Bonilla into her chambers for a conference, and states that the Jack Able issue is probably what she calls work product. At 10:41, they return to the courtroom. Judge Zuniga states that they had a two part discussion, and that Percy Martinez was allowed to attend the second part of the discussion in her chambers. Judge Zuniga states that she was able to see the retainer agreement between Frank Carson and Jack Able. She states that the issue is for her to decide. She states that the issue is whether Frank Carson can use the attorney/client privilege as a shield when he is charged with a crime. Judge Zuniga states that this issue must be briefed. She wants the papers by Percy Martinez to be filed by October 31, 2018, and the papers to be filed by Marlissa Ferreira to be filed by November 9, 2018. A hearing has been set for arguments on this issue on November 16, 2018 at 1:30PM. She states that if Jack Able does testify, it will be during the week of November 27th. We now take a 10 minute break to give the Court Recorder some rest.

At 11:10AM, Percy Martinez and Frank Carson are asked to leave the courtroom, and Alonzo Gradford and Eduardo Quintanar are brought to the attorney’s desk in the courtroom. Marlisa Ferreira tells Judge Zuniga that Eduardo Quintanar is scheduled to testify this week on Friday, and has indicated that he will take the 5th. Eduardo Quintanar is brought to the stand, and is sworn in. He immediately invokes the 5th on the first question that Marlisa Ferreira asks him. Judge Zuniga allows Eduardo Quintanar to step down. Marlisa Ferreira states that she has offered Eduardo Quintanar immunity under 1324. Alonzo Gradford states that he believes this is something called transactional immunity, but Marlisa Ferreira disagrees. Alonzo Gradford states that he will have to do some analysis on this issue. Alonzo Gradford and Eduardo Quintanar go into another room with Marlisa Ferreira to confer on the subject.

At 11:27, the three of them return to the courtroom. It seems as though some sort of agreement has been made. Marlisa Ferreira then states that an attorney with the last name of Jordan is in the courtroom who represents Praveen Singh. Praveen Singh was supposed to be in the courtroom this morning, but is a no show. Marlisa Ferreira tells Judge Zuniga that Praveen Singh somehow thought he was supposed to show up on another date. She states that Praveen Singh works out of town, and was of the opinion that he had been released from being a witness. Judge Zuniga states that Praveen Singh had never been released as a witness. Praveen Singh is scheduled to testify on either Thursday or Friday of this week. Nobody is sure if Praveen Singh is going to claim the 5th. Judge Zuniga states that there is a 402 hearing tomorrow morning concerning the cadaver dogs. Judge Zuniga now speaks to Alonzo Gradford and Eduardo Quintanar, and asks them if they want to go In Camera. Alonzo Gradford tells Judge Zuniga that they would prefer to stay in the courtroom. Judge Zuniga now signs the agreement that was made between Marlisa Ferreira and Eduardo Quintanar. Judge Zuniga states that Eduardo Quintanar will testify sometime after November 16, 2018, and that the earliest date will be November 26, 2018. Judge Zuniga now states that there will be a 2nd hearing that concerns the Jim Cook Exhibit, and tells Marlisa Ferreira that she will have to respond very quickly with her papers. Marlisa Ferreira seems surprised by this, and has a sour look on her face. I think she forgot all about this issue, and will have to burn some midnight oil. We are now done with the morning session. Very little got accomplished this morning.

Sincerely; William Thomas Jensen (Tom)




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