DAWGS BLOG PODCAST TRANSCRIBED 11-01-2018

TRANSCRIBED

Good evening everybody, this Marty from Dawgs Blog, with tonight’s podcast on the Frank Carson et al. Trial. This is November 1, 2018. Can you believe that we started opening arguments in April of this year, jury selection started in January and here we are on November 1, 2018 and the district attorney’s office is still putting on their case. Just as a note, right off the tap, I got there about 11:30 this morning. Mr. Leonard Hall was on the stand and apparently he had just gotten on the stand. So, the jury was in the courtroom this morning about 35 minutes. This afternoon the jury was in the courtroom about 60 minutes. So, we had a grand total of an hour and 35 minutes roughly, of the jury listening to testimony today in the courtroom. I think we should be proud of that.

The judge was on the bench at 1:34 this afternoon. They started in talking about Mr. Hall again and apparently there’s some confusion in regard to his rap sheet, his convictions and everything else going on. Now remember Leonard Hall was saying that he wasn’t in California in 2005. that’s what he was saying this morning. Read Tom’s Report to get caught up on what happened this morning. I listened to a few minutes of his testimony, but basically he said that he was not in California in 2005 because he fled the state because he was so scared to Frank Carson from the one time that he met Frank Carson during the incident that allegedly happened at the house. Apparently during lunch hour, Judge Zuniga, had gone over these court files. Percy Martinez kept saying that there were court dates during 2005 that he showed up at and so Judge Zuniga got the court file and she went through it. There was apparently some real confusion on this because the rap sheet doesn’t show a lot of things that it should show. Remember things like that are only as good as the people that enter the information, so sometimes it doesn’t get entered right. That is the human factor.

It was case number 1081236. I believe this case was the grand theft case of Frank Carson’s antique books that they had sold that yesterday’s books for $3000 – $4000. case was filed on September 17, 2004. a warrant was issued on September 30, 2004. he was arrested on New Year’s Eve December 31, 2004. He bailed out the same day and then there was an appearance on January 21, 2005. these are appearances that he showed up in court: February 3, 2005, he appeared in court on March 30, 2005, he showed up in court on April 28, 2005. Remember he said he’s not in the state. He showed up in court and May 19, 2005. he showed up in court on June 17, 2005. he showed up in court on July 15, 2005, which was originally scheduled to be a preliminary hearing, but it got moved and there was another court date in between that on June 30, 2005. He showed up in court on August 24, 2005. The preliminary hearing was set, I believe, on October 5, 2005. On that date, October 5, 2005 the preliminary hearing was continued. This is an ongoing pattern with Stanislaus County Court too, of cases like this just lingering along and never getting done. Then he had another appearance on December 13, 2005 that he failed to appear on. So up until October 5, 2005 he had court hearings almost every month, that he showed up to until December 2005. the bench warrant was issued on that date. On March 24, 2006 he was taken into custody, I believe it was in Texas and there was another hearing on April 3, 2006 and on April 17, 2006, he pled guilty. He was released from custody and was supposed to do drug court which means he has to do a program. On April 24, 2006 he was on calendar, put on by probation, because he failed to show up drug court. A new bench warrant was issued.

They can’t see when he was extradited anywhere. She has the FBI information and there’s no indication of extradition (when he was brought back here) from looking at the rap sheet. The Rap sheet gives you arrest information, it gives you court conviction information and if there’s extradition because he fled and things like that. She says it is a possible bail bonds surrender and all kinds of things going on there, she couldn’t figure it out for quite some time. She said there was no warrant signed by the judge for extradition. Whenever somebody is found out-of-state, they have what they call extradition. They have to go through the local courts wherever they’re found to establish identity to prove that it’s them before they can be brought back across state lines. There’s a lot of confusion going on with all this.

Percy Martinez said, Well, Judge, all I’m asking for you to do is take judicial notice of all these 2005 court dates. There are like 8-10 court dates. Why is this important? He is saying that as soon as he got out of jail, after being arrested on the grand theft case that he fled the jurisdiction because he was scared to death the Frank Carson. He had met Frank Carson one time. He said there’s an altercation at his house. He said Frank Carson kicked his front door in when he was renting a house from Frank Carson. He was married to Frank Carson’s niece at the time and they were renting from Frank Carson. He says the Frank Carson also kicked in a locked yellow door. there’s nobody else live in the house, but he had a locked bedroom door that Frank Carson also kicked in. He also had the nerve to say to Georgia DeFilippo was also in the house, flipping out and going crazy and doing things like that too. It seems far-fetched.

The jury finally came up around 2:08 PM. Percy Martinez continuing the cross. He said he sold the books and he gave the address on the receipts originally as the Deals Street that he was living on at the time and then some other later ones he gave an address on Fairmont Street, which was his Mom’s address. They didn’t sell the books at once, he went and sold them piecemeal and made several thousand dollars. At that time Percy asked the judge to advise a jury she has taken judicial notice of Leonard Hall’s court appearances in 2005, which the judge did, and she ran down the list of all the dates that I just gave you. She told the jury, telling them that he was in court on those particular dates. She didn’t say that he was now saying that he’s out of town, she did take judicial notice of those dates because she has the documentation in front of her. It’s pretty obvious that he’s claiming he was out of out of the state and he obviously wasn’t.

They were talking about the extradition in 2006 on the Book Case. He had absconded again. Remember he returned two weeks ago. So, he disappeared in 2006, after he pled, and it was just two weeks ago he came back. I thought there’s a statue of limitations on some of these things like that, but obviously not. This is under a second extradition which there was an objection to. Percy Martinez had no more questions

I also heard him say while I’m thinking about it, this morning I heard him say when I got there that he had paid to come out here himself. He put on a credit card and agreed come out here because he wants to straighten things out. That’s important and that’ll come up in a little bit.

Marlisa Ferreira then went to redirect, and she said are you having trouble remembering court dates? He said yes, he’s basically saying yeah, I’m a drug addict. He was brought back from Texas prior to April 17 and he stayed in California until his son was born. He said his son was born sometime in 2005, he thinks maybe February, he doesn’t know. He went right back to Texas three weeks later, after he was arrested. He came back then pled guilty and says he was afraid of Frank Carson. So, he got his is drug court thing that he wanted and then he soon as he got out of jail he left for Texas again. He said he did not recall any court dates in 2005. he was asked if he heard the judge say the dates and he still does not recall those particular court dates. He was sticking to his story. He can recall the incident with Frank Carson, which was prior to that, but he can’t remember all those court dates in 2005. he knew there would be a warrant for him and he did try to clear up a warrant about a year ago. But he thought the process would be a little cumbersome for him and a little expensive and of course he was afraid of Frank Carson. He did talk to the court or somebody over here and he was still afraid. He said the Erickson family could be very hostile towards him and he is talking about his ex-wife, Heather and her family.

The jury went out at 2:26 PM, because they had a sidebar and there was an objection that the Judge wanted to clarify. Percy Martinez wanted to go into why he didn’t take his son or any of that stuff and they weren’t sure they were going allow that. They ended up in a sidebar. Leonard Hall stayed in the courtroom and the jury went out. The judge asked him why didn’t take his son? He said he was not ready to be a parent at that time.

The jury was brought back in at 2:30 PM. Marlisa Ferreira asked him about when he got to Texas? He has never seen his son apparently. Between 2006 and 2018, he says he is not been arrested. So, these cases that he’s here on now are old cases.

He was asked about the damage to the house that Frank Navarro interviewed him about, but he said Frank Navarro never asked about the damage and there was only one window broken. He said that Heather had fallen asleep with a cigarette on a mattress and it caught on fire. He had to break the window, almost out the frame or something, to get the mattress outside of the house. He was asked about the holes in the wall? He said they were there prior to when he was living there. She asked him if he had done some repairs around the house? He says he had fixed some plumbing in the kitchen, that’s what he spent some of the money on that he made from those books. He had never complained to anyone, in regard to Frank Carson, prior to two weeks ago. He said he was afraid it would cause family issues and when he was even booked at the jail he asked for protective custody, but never explained exactly why. He just said there were some people out to get him. He never saw Frank Carson again other than that one time. There was one time that he saw him in court, but Frank Carson never said anything about him or his wife or about that incident.

After the incident he went to his friend’s house, after sneaking out, they went out the back door and over the fence. They didn’t have cell phones, so they couldn’t call for help. They only had a landline which was inside the house. He came around the front of the house, he had to leave his clothes and everything else, but he did have the keys to the car. He grabbed one of the cars, he left, and he went to his friend’s house and spent the night. He said Frank Carson was very erratic and hostile. He was yelling, screaming and throwing things around. He said Frank Carson’s wife was also doing the same thing to Heather. He said Frank Carson never assaulted him or Heather and his clothes and property were never retrieved. He never went back to get him because he was scared to go back. There was also 1976 Datsun 240 Z that was left there.

Percy Martinez went on re-cross again. Percy Martinez was saying, you remember quite well what happened that night because he’d testified earlier the same time you were using methamphetamine every day? He said yeah, but the methamphetamine does not affect his memory. It’s funny that every meth addict that’s been on the stand in this case truly believes that methamphetamine does not affect their memory. He said he cannot recall all the court dates in 2005 and he was also using meth every day during that period. He went to Texas to get clean. He had family there and he only used marijuana in Texas and Tennessee. He arrived in Texas in 2005. He does not remember any 2005 court dates, until he was extradited in 2006. he was asked at that time he came back did he ever want to see his son? There was a sidebar and the jury went out the room.

Leonard Hall went off the stand. They had a sidebar, but they were unable to resolve it. They had to send the jury out again. Percy Martinez says Marlisa Ferreira had asked him why he didn’t come back in December 2005 and she talked about how he was not a good parent. All the court appearances between January 2005 and October 2005 he did appear in all those court dates. There were also some court dates for his wife, but I think those quickly got dismissed. Then his failure to appear, he fled because there was an altercation with his wife – he threatened her and the child – and that’s why he fled. He was scared because he thought there would an arrest forthcoming on that. He had threatened to kill her and his son during altercation front of some other people neighbors. I believe it was in Waterford, but I’m not sure. He was trying to get her in the car and she didn’t want to get in the car. Also, he says he is not a good parent, but then he is making threats to his wife, in front of a witness and he was also using excessive amounts of methamphetamine during this time. He said the district attorney open the door with her questions in regard to some of this information. This occurred just after he was evicted in the Waterford house that they were living in. There was another case that he failed to appear on December 1, 2005 and then he returned in 2006 to resolve that case and they never really discussed that particular case.

Judge Zuniga says it really doesn’t establish that he had another reason to leave. She’s unbelievably not willing to accept any of the stuff. Marlisa Ferreira did argue that he was never arrested, so he didn’t flee because of that. She says the case was never filed. He’s not going to know if the case was filed or not. It was right after that incident that he failed to appear in court, because he was afraid of Frank Carson and he left. That he was subject to arrest possibly in this on the case and he didn’t know if they were following up or not. The case was rejected by the District Attorney’s Office. I don’t know the circumstances and all the details, it wasn’t revealed. Some of the documentation that the district attorneys have, it is like an intake documentation, to determine if there is a case to be filed are not. Marlisa Ferreira had that paperwork but hadn’t been turned over to the defense. The case was rejected on December 8, 2005. the victim, Heather Hall, was uncooperative. The allegation of why he fled, her opinion is not changed, there is nothing to establish that’s why he fled. He is saying now that he’s afraid Frank Carson. He is still saying he’s afraid Frank Carson. She said he has not lied about his methamphetamine use, he’s admitted to it. She said they were not ready to be parents, he did not say they were not good parents. (Well, I wrote down exactly what he said and he said they were not good parents). the judge was not convinced that’s exactly what he said either. There was no indication that he knew law enforcement was looking for him or he was afraid to get arrested on what he did.

I noted here on the side it says the Judge Zuniga said, no they were not good parents is what he said, he didn’t say he was not ready to be parents. So, Judge Zuniga noted that too.

Percy Martinez argued that he did keep his court appearances in 2005. He didn’t flee until after that incident in Waterford. So, he had a whole year he could’ve fled, and he didn’t do it. He then disappeared after that Waterford incident because he felt he was a subject to arrest. That was a December 1st incident with his wife and he was afraid of being arrested and quit coming to court after that. He left and went to Texas. He knew he was doing something wrong. The grand theft of the books was still in process and he knew what he was doing was wrong and that it would compound things for him, so he fled the jurisdiction.

Marlisa Ferreira said there’s nothing to show that he knew anything about the event or what was going to happen and she says the case was rejected. Well, how did he know the case was rejected? I don’t think he did. They don’t make that public knowledge to my understanding.

Percy Martinez then said he knew that he had to be extradited to come back.

Judge Zuniga made up some excuses about some of the same issues about some of the other things they’ve talked about in regard to Frank Carson. There’s nothing to show that he knew that there was a case pending against him.

The jury was called up again. Leonard Hall was put back on the stand. Percy Martinez went back to doing cross. Asked about calling Josh, his friend, to have a place to stay that night. He didn’t know what time it was that he called his friend Josh, but it was dark outside, probably 45 to 60 minutes later that he got in to Josh’s house. He asked why he didn’t call the police? He said he didn’t have a phone and he had a call his friend from the gas station. He asked him why not call the police from the gas station? He said that he used a payphone at a gas station, but he still didn’t call the police. He never told anybody about Frank Carson incidents until 2014 when he was extradited. He never told anybody about the Frank Carson issues at that point either, when he got to jail he asked for protective custody. The first time he said anything about the Frank Carson incident, he said he did read about the case on the Internet during the preliminary hearing. I wonder where he read that? Probably Dawgs Blog. He was asked about the front door be locked the night he says Frank Carson came over? He says yes, the front door was locked, and Frank Carson kicked it in. He said his bedroom door was locked and Frank Carson kicked it in. He asked him if he always locked his bedroom door? He says yes, and he still does to this day. One to two months, he said, after his son was born he left to go to Texas. He wanted to wait till his son was born and then the son is now with Rhonda Erickson and he hasn’t seen the child since. Marlisa Ferreira asked him if he hasn’t seen his son because his son is living in a better place now? And he said yeah, that’s true. He was housed in the protective custody unit when he got to the Sheriff’s office here Stanislaus County, he was scared and was afraid of Frank Carson.

Percy Martinez went into recross again. He was asked about when he was brought back in 2006 and put in protective custody? He said yes, he told he told the jail he had issues with some people. Frank Carson never approached him or threatened him since that that in the day of the incident. He went to Texas as soon as he got out and he’s been in Texas since. He never heard from Frank Carson ever again. He never went back or contacted anybody about getting his property back, like the car that was left there, but apparently that wasn’t registered in his name anyway.

Marlisa Ferreira went back on re-re-re-redirect. He’s working now and has been for like six years as the supervisor for mobile home community. Says he has been truthful in all his testimony on the stand. No further questions.

The jury was sent out at 3:55 PM. They’re not coming back until Tuesday at 9 AM. there is court tomorrow. They have the Pitchess motion tomorrow and they will just go through some evidentiary things tomorrow. They received a note from a juror about there’s a meeting on another day, and she’s concerned about this day, because she sees the way things are going. It’s in December, this day that she needs off and they’re going to make accommodations.

Marlisa Ferreira asked the court if the witness can be excused, so they could put him on a plane? Now, very interesting, and this started a whole another issue. Apparently, the District Attorney’s Office is paying for these transportations to and from Texas or Tennessee where ever he is going to and from. He testified earlier, I heard him say that he paid for his own flight with his credit card. Now Marlisa Ferreira’s talking about how they are putting him on a flight. Percy Martinez addressed the court saying that she said she wants to put him on the flight and now the People are paying for a plane ticket. I also heard Kirk Bunch going out the door asking somebody on the phone, “hey who paid for that flight?” the witness said he had put on a credit card, so Percy Martinez wanted some clarification on what exactly is going on. Are they accommodating him or what is going on? Is the witness telling the truth or not? That just opened a whole can of worms. Marlisa Ferreira now says that the people paid for the transportation. She says the information was just found out just now. She said she received a text and an email regarding that matter, but I heard Kirk Bunch talking to somebody on the phone when he walked out the door, but I don’t know how she received information. Percy Martinez is saying Marlisa Ferreira knows who paid for the ticket and let the witness testify that he paid for the ticket and the DA has never said anything, until now. The witness lied on the stand, and if the DA paid for that ticket it should have been corrected at the time. He compared it to Jim Cook and it’s not a quite as severe, but it’s the same type of situation. Marlisa Ferreira said that they pay for all out-of-state witnesses and they are not being deceitful. They will advise how much they’re paying and all the expenses of all. Percy Martinez says the district attorney knew the witness was lying when he said what he said. It’s an interesting turn of events right at the end of the day. Percy Martinez says that Marlisa Ferreira knew it was a lie and she’s trying to make the witness look good, like a Good Samaritan doing this out of the goodness of his heart. Now at the end of the day she admits as they were paying for it. The witness has given false testimony with Marlisa Ferreira knowing full well he was lying, and it was never corrected. Marlisa Ferreira said she was not sure at the time and she has since gotten an email to confirm and will keep him until next week at “great expense to the county”, as if that’s ever been a concern in this case. They are going to have to put up for the weekend, because he was to be released from custody. His testimony got him a release from custody in this pending case, which I believe is still the thefts on the books case.

Judge Zuniga says that the DA says he believes he paid for it, but it’s up to the jury to determine the validity. regardless Percy Martinez wants him back in court Tuesday. So, the DA says they will have them here Tuesday, we’ll hold him over, we’ll put him up in a hotel, we’ll pay for some meals and we’ll pay for this and we’ll pay for that, we’ll take care of him.

Judge Zuniga advised the district attorney that “Mr. Hall better be here on Tuesday”. Any other provisions that they made for him need to be revealed to the defense, if he is getting housing, transportation costs to and from Texas, around town, food money, whatever he’s given must be at all turned over to the defense attorneys. So as usual it hits the fan at the end of the day. That’s where we finished off.

Tomorrow they got the Pitchess motion. I’m not sure how much I’ll know tomorrow morning but put up a noon report and let you know what I know. The Pitchess motion is in regard to the records of Scott McFarland Eddie Quintanar. They’re looking for statements, any statements, they may have had made during those personnel hearings. It’s not really involving any of these defendants, so the defense attorneys are not joining in or anything else with this motion. The Atty. Gen. Offices will be representing the state and I’m assuming Alonzo Bradford for Eddie Quintanar will be there and Larry Niemeyer for Scott McFarland. That’s tomorrow morning and then they’re going into evidence tomorrow afternoon. No jury tomorrow. The jury doesn’t come back until Tuesday.

Keep in mind any questions and send me a text me or a message on Facebook. Email questions to dawgonnitdawgsblog@gmail.com.

Don’t forget my PayPal button at the bottom of every report. Remember my sponsors Merced Tile Supply down in Merced on Highway 59. Doug Mainer, if you have any legal problems, at 15th and J at the Old Masons building. Come in to court and see what’s going on. Don’t take my word for it come to court and see for yourself. Goodnight everybody!

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2 comments

  1. Leonard Hall’s testimony is irrelevant to the facts of this case and highly prejudicial. It is also a waste of the court’s and the jurors time. It does not show a pattern of behavior that tends to prove the allegations made against Frank Carson, et., al. It is alleged Frank Carson asked others to send a violent message to people stealing from him.. Leonard Hall does not claim this. The facts are completely different. There is no pattern, and no relationship between what the prosecution is claiming happened 7 years before Korey Kauffman was allegedly killed.
    Marlissa has made the problematic argument that there is a pattern of Frank Carson taking the law into his own hands. The problem with this argument is that it is not illegal for people to take the law into their own hands.
    It is not illegal for one to install a burglar alarm on their property. It is not illegal for one to ask others to watch thier property. If it were, then every Neighborhood Crime Watch would be an illegal enterprise. It is not illegal for people to hire armed guards to protect their property and the lives of their families. It is not illegal for people to tell others they will be killed if they trespass. Hell, one time I had a neighbor who posted signs saying “trespassers will be shot.” I had another that posted a sign that said they would be eaten.
    The law does not require people to get law enforcement involved every time they have a legal issue. If we are to believe Hall’s testimony (which I don’t), it does not prove or even tend to prove that Frank Carson goes around asking people to violently deal with thieves stealing from his property.
    IMO Judge Zs reasoning to allow Leonard Hall’s testimony and all other testimony about Frank Carson taking the law into his own hands is legally and fundamentally flawed. Such testimony proves nothing relevant to the case. It is prejudicial. It has resulted in an enormous and burdensome waste of time, and has to be confusing to the jury.

    • I have been putting some thought into this. There are 2 stages to a criminal case, the law enforcement stage and the prosecutorial stage. Marlissa has cleverly blended these two stages together, and by so doing has successfully confused Judge Z. It is illegal for one to act as their own prosecutor, jury and executioner. It is not illegal for one to act as their own enforcer of the law. By doing things to protect his property, Frank Carson was essentially acting as his own enforcer of the law. Nothing wrong, illegal or even out of the norm. One would say he was even acting prudently.
      So, putting the obviously prejudicial effect aside, the real question that should have been examined was whether Frank Carson was acting as prosecutor, jury and executioner when he confronted Hall. Hall said Carson did not assault him, so Carson did not execute punishment on Hall. And it has not been established Carson did anything illegal when he allegedly confronted Hall. Judge Z should have required Marlissa to establish Carson had committed a crime when he confronted Hall before she even would consider the probative value of the evidence. IMO. Because if no crime had been committed, then Carson did not unlawfully take the law into his hands. Kudos to Marlissa for her masterful shell trick. If she loses her license, she eould make a fantastic con artist. IMHO.

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