WEEK 27, DAY 94


Today, we were graced with a booger free Kirk Bunch. In the morning, a defense attorney that I know told him that he should do something about his hair do. Kirk Bunch told this attorney that: “You don’t know fashion.” All of us were looking at a strange triangular puff of hair that sticks out from the top of his head in the back. One of my friends suggested that this object looks like it would fit nicely under the bottom part of a mini-bikini that a pretty young lady would wear. Yes Kirk, you certainly do know fashion. You go girl.

We start out almost on time at 9:13AM. Defense attorney Percy Martinez immediately states that there was an incident yesterday afternoon concerning Kirk Bunch. Percy states that while Frank Carson, and everyone else, were exiting the courtroom, Kirk Bunch decided to go against the flow, and try to re-enter the courtroom. While doing so, Kirk Bunch shoved Frank Carson out of his way. Percy Martinez states that Frank Carson was attempting to avoid Kirk Bunch when this incident happened. Percy states that Kirk Bunch was not acting appropriately. Percy states that Frank Carson deserves more respect than that. He states that this case has not gone well for the People the last couple of days, and that Bunch is getting back at Frank Carson. Judge Zuniga does not bat an eye, and states: “Bring the jury in.”

At 9:18AM, the jury is brought back into the courtroom. Marlisa Ferreira calls Faye Ann Springer to the stand. She is an extremely well qualified criminalist that works for the Sacramento Crime Lab. She now goes through a never ending series of questions that are designed to qualify her to testify as an expert in this case. As it was with the dog handler yesterday, I think Marlisa Ferreira over does her qualification questions to the point of absurdidy.

Faye Springer has a Bachelor of Science in Biochemistry from U.C. Davis that she received in 1970. Her studies include criminalistics, psychology, forensic pathology, trace evidence, microscopy, advanced microscopy, electron microscopy, soil and hair analysis, gun- shot residue, laser induced beam spectroscopy, and many more. She is one of the most impressive expert witnesses that I have seen. She has numerous awards, and is a member of numerous associations. She has taught in numerous places and institutions. She is approved as an expert in this case with no objections from anyone.

After a very quick side bar, she testifies that she had done testing and analysis of clothing items in this case. These items include the hooded Carhart Jacket, Georgia Boots, T-Shirt, Wrangler Jeans, and some fabric that came from the Georgia Boots. She states that she received these items on 1/11/2017. These items were provided to her laboratory by Detective Cory Brown in a sealed paper bag. She states that the paper bag that contained the T-Shirt was partially open where the tape had come off.

Faye Springer states that the Carhart Jacket was dirty, covered in soil, discolored, and had numerous defects. She states that she scraped off the loose dirt and debris from the jacket, and put it into a separate container for evidence. She states that the jacket was 50% cotton and 50% polyester on the outside, and 100% polyester on the inner lining. During the examination, she found at least two penetrating defects that were circular in nature that were found on the back of the jacket. These holes lined up with similar holes that were found in the lining of the jacket. She examined these holes with a stereo-optic microscope, and a polarized light microscope, and removed some fibers to examine with a scanning electron microscope. In the distant past, I have used all three of these microscopes. I ended up with a headache many times after long days behind the microscope. That is why I eventually trained to become a Respiratory Therapist.

Marlisa Ferreira shows Ms. Springer five images that she recognizes. They are scanning electron microscopic pictures of four holes in the Carhart Jacket that she examined. Two of the holes are on the outside of the jacket, and two of the holes are on the inside of the jacket. They line up. The first hole examined on the outside of the jacket showed polyester fibers with melted ends that she calls mushrooming. She states that polyester fibers need to reach 250-260 degrees before they mushroom. You could clearly see that the ends of some of the fibers were mushroomed. Faye Springer testifies that within the mushroomed fibers, she looked for metallic elements. The first hole that she examined had lead, copper, and zinc present. She did not find any antimony or barium. On another hole that she examined using the same process, she found more mushrooming, but found no lead. She did find lead in the matching hole in the liner of the jacket. There is no dispute that there are two holes in the jacket with matching holes in the liner that were caused by a bullet. We now take a break.

At 11:05 am, after the break, Faye Springer states that bullets are mostly lead. She states that some bullets are lead free. These bullets are typically made of antimony, which is another metallic element that is heavy. She states that you would also see antimony in tin or tire weights. She states that gun-shot residue would contain lead, barium, antimony, and potassium. Faye Springer states that she always focuses in on lead when she is doing testing for gun shots and bullets.

Faye Springer states that there are many defects in the Carhart Jacket, and that some of them appear to be cuts. She states that there are cuts around the stitching that surround the hood on the jacket, a large tear on the bottom of the jacket, and cuts around the right arm pit area of the jacket that go through to the lining. She says that there are 2-3 of these cuts that go through to the lining of the jacket. She states that these cuts are linear, and appear to be made by some sort of knife or cutting tool. Marlisa Ferreira has been trying to say that the bullet holes in the Carhart Jacket have holes that were made by a 22 caliber bullet. Faye Springer testifies that the holes in the Carhart Jacket could have been made by any caliber bullet. This answer did not seem to be well received by Marlisa Ferreira. Faye Springer states that she found probable body fluids on the Carhart Jacket because of the appearance and the odor. “Can’t you smell that smell, the smell of death surrounds you.”

Faye Springer testifies that she examined the T-Shirt which was made of cotton. She states that cotton does not mushroom like polyester fabric does. She states that she found holes that are in approximately the same position as the bullet holes in the Carhart Jacket. She found a large amount of material that was missing in the right armpit area, and that the T-Shirt had the smell of decomposition. She states that the T-Shirt had stains present.

Faye Springer states that she examined the multi-pocketed pants, and found them to be in pieces. She states that about half of the pants are missing. She described the pants as being extremely dirty and discolored because of the soil at the grave site. She states that the pants had the smell of decomposition, and that she could not find any bullet holes or cuts in them.

Faye Springer testifies that she examined the Georgia Boots. She states that they were dirty, decomposed, with parts missing. She states that the tongue of the right boot was missing, and that the boots were discolored. She states that after finishing her examination of the clothing items, she repackaged the clothing, and released it to the evidence area of the lab. The items were picked up from the evidence area and returned to Stanislaus County. She states that she packaged the trace evidence that she scraped off of the items, and had it returned to Stanislaus County. I think that this dirt needs to be analyzed. It could prove that there is no dirt present that would match the dirt found at Pop N Cork Liquors.

I get a bit confused at this time with the testimony. Faye Springer states that she kept the trace evidence for a while before she returned it to Stanislaus County. She testifies that she tested the trace evidence for anything that would correspond with Quad A, Quad B, and Quad D, that she had obtained from the Stanislaus County Sheriff’s Department. She had received these items from Detective Cory Brown on 04/28/2017. Quad A was a portion of a zipper. She describes the zipper as being blackish brown with some tan colored fabric attached. It is now time for lunch. I have some things that must be done tomorrow, and I am not sure if I will be able to attend. I will certainly give it my best effort.

Sincerely; William Thomas Jensen (Tom)