FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
BY WILLIAM THOMAS JENSEN (TOM)
WEEK 28, DAY 96
AND THE SURVEY SAYS
Yesterday, our poll closed after a week of voting. Kirk Bunch was overwhelmingly voted an asshole by our readers. Judge Zuniga was late again, because of two huge wrecks on 580. Why she doesn’t drive in the night before and stay in Modesto confounds me. She is one of the reasons why this bogus trial is taking so long.
We start out at 10:21AM with a DOJ Investigator named Himiel on the stand in the presence of the jury. His testimony began on last Friday afternoon. Mr. Himiel took pictures of Pop N Cork Liquors, and the Carson property in Turlock. He also helped dig where Robert Woody said the body of Korey Kauffman was allegedly buried on the side yard of Pop N Cork Liquors. We see several pictures of a blue tattered tarp on the side yard of Pop N Cork Liquors. It had some Christmas tree lights tied to some of the grommets, and was falling apart on the edges. Mr. Himiel testifies that he did not take any soil samples, because the passage of time would have affected the alleged grave site in unpredictable ways. He merged his photographs of the side yard at Pop N Cork Liquors into composite pictures that would show the entire yard in single pictures. There were many objections and side bars concerning the questions being asked at this time. Mr. Himiel also merged the pictures he took at the Carson property to show single composite pictures of the Carson property. After showing the pictures to the jury, Marlisa Ferreira had no further questions.
Defense attorney Percy Martinez asks Mr. Himiel about the spent 22 caliber bullet that was found with the body of Korey Kauffman. He testifies that the bullet was most likely fired from a Marlin rifle, and not a handgun, because of the unique way the rifling marks were left on the mushroomed bullet. Mr. Himiel testifies that he does not remember being told by the investigators that the 22 caliber bullet had been fired by a handgun.
Mr. Himiel testifies that Robert Woody walked to an area next to some debris, and said that was where Korey Kauffman had been buried. He testifies that Robert Woody said that he had removed the fingers and the toes from the body, and had buried the body wrapped up in a blue tarp. Mr. Himiel testifies that Robert Woody said that the alleged burial site had been earlier dug up by a backhoe, and the hole had been filled with trash, and refilled. Mr. Himiel testifies that he probed the area with a T shaped bar, and was able to detect a compacted area. When he removed the loose soil, he encountered what Percy Martinez calls hardpan. Mr. Himiel would not call it hardpan, but it is clear that was what he found under the loose soil. This hardpan layer was very shallow, and was only about 10 inches under the surface. Mr. Himiel states that he had been told that this area with the hardpan had been previously dug up. If it had been dug up by a backhoe, it would not have been as hard as he encountered when he was digging.
Mr. Himiel testifies that the T-Bar method was a subjective method of looking for remains. When he was digging, he encountered a metal pipe that was less than a foot under the surface of the ground. He did not determine if this was a water pipe or a natural gas pipe. He states that he, and some other investigators dug a 4 foot by 6 foot hole where Robert Woody pointed out. He did not know of any backhoe bucket that was four feet wide. He testifies that no handgun made has the type of twist that would leave the marks that were found on the 22 caliber bullet. He states that he did not ask for a cadaver dog at the alleged grave site. He states that the blue tarp had ragged edges, and was falling apart in places. He testifies that he did not find any blue specs of tarp in the soil where the investigators dug. He states that the dirt was looser above the pipe than below the pipe. It seems as though the dirt below the pipe had never been dug, and was hardpan. He states that he and the other investigators took turns digging. They began digging around 11:40AM, and dug continuously until sometime shortly after 5:00PM. Robert Woody has testified that it only took him 10 minutes to dig the grave. Percy Martinez tries to ask Mr. Himiel questions concerning the body of Korey Kauffman being able to fit inside the hole. Many objections to these questions eventually caused Percy to abandon this line of questioning. Mr. Himiel testifies that he left the hole exposed after the investigators were done looking. He testifies that he found and collected a piece of a zipper. We have heard in earlier testimony that this zipper piece did not match any zipper found on the clothes that were found in the forest with the body of Korey Kauffman.
Defense attorney Hans Hjertonsson takes over asking the questions. Hans asks Mr. Himiel about his training in performing body excavations. Mr. Himiel testifies that he took a 40 hour course in the subject, and had 100-150 hours of experience. He testifies that he has testified as a firearms expert about 100 times. He testifies that he has been involved with three different excavations. One of these excavations was around Fresno, and he was involved with the excavation of a well where victim’s bodies had been dumped. He was also involved in an excavation of a shallow grave with a mound of dirt above ground. He testifies that he used a shovel, sifter, screens, and digging implements in the excavation at Pop N Cork Liquors. Mr. Himiel is asked by Hans Hjertonsson of he used ground penetrating radar in his investigation. He states that they did not have one. We see these is use all the time on treasure hunting shows, but the Department of Justice does not have one. He testifies that he used the T-Bar to measure soil density, but the T-Bar did not have a pressure gage on it.
Hans Hjertonsson asks Mr. Himiel if he followed the proper procedures during the excavation at Pop N Cork Liquors. Mr. Himiel states that: “Generally Yes he followed proper procedures.” Hans asks him if he used a core sampler in his excavation. Mr. Himiel states that he did not use a core sampler. Mr. Himiel states that Robert Woody had said that he had dug another hole about 2 feet deep and had buried some garbage. He had to be refreshed before he remembered this fact. Mr. Himiel testifies that he dug 10-14 inches during his excavation. He states that he saw numerous depressions in the side yard of Pop N Cork Liquors. Mr. Himiel had earlier testified that he did not hear any dogs barking when he did the excavation. After many objections, and side bars, he was allowed to listen on headphones of a recording that was made during the excavation. He admits on the stand that he could hear dogs barking. Mr. Himiel that Robert Woody had pointed out the general area where he allegedly buried Korey Kauffman. He states that he weighed the 22 caliber spent bullet, and it weighed a precise 38 grains. Hans Hjertonsson gets Mr. Himiel to testify that he read the book Forensic Recovery of Human Remains.
Mr. Himiel testifies that he did not have a note taker record where he probed with the T-Bar. Hans points out that the book states that a person using a T-Bar probe should have a note taker record where the probing was done. So much for following proper procedures. Mr. Himiel testifies that he encountered at least two layers of soil in his excavation. He states that the upper layer was darker than the layer below. Once again he states that he did not use a core sampler. The book says he should have used a core sampler.
Mr. Himiel testifies that he did not do any soil moisture measurements. The book says he should have done soil moisture measurements. He also did not use color chips to determine the color of the soil. The book says he should have used color chips. Mr. Himiel testifies that he did not write his report on the excavation until 6 months after the excavation. He testifies that he had met with Marlisa Ferreira several times during this time period. He states that he did not preserve soil samples for DNA testing because DNA would have been destroyed by the soil very quickly. Mr. Himiel testifies that backfilling the hole would have blended the layers that he had detected during his excavation. He testifies that he was told that the entire side yard had been roto-tilled. We are now out of time for the morning session. I will be there tomorrow morning for more of this bogus trial.
Sincerely; William Thomas Jensen (Tom)
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