FRANK CARSON ET AL 11-06-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

11/06/2018

WEEK 29, DAY 99

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

RULING GOES AGAINST MARLISA FERREIRA

We start out late again this morning because of Judge Zuniga. Judge Zuniga: “Sorry, running late.” We were supposed to start out at 9:00AM, and ended up starting at 9:25AM. Out of the presence of the jury, Marlisa Ferreira starts arguing about a witness that she wants to call to the stand named Tonya Johnson. Tonya Johnson was renting a house from Frank Carson from the Summer of 2014 to the Summer of 2015. Marlisa Ferreira argues that her testimony is 1101. Marlisa Ferreira states that Ms. Johnson answered the door in 2015, and Frank Carson was yelling and screaming at her to get out of the rental house. Marlisa Ferreira states that this was due to Ms. Johnson’s brother sleeping on the back porch of the house. Marlisa Ferreira states that Ms. Johnson stated that Frank Carson was red faced with red ears when he came to her door. She said that Frank Carson was using the F word, and came back to the property a week later. This event allegedly happened on 06/15/2015. Frank Carson allegedly wanted her out of the house by August 15, 2015. Ms. Johnson said that Frank Carson allegedly told her that he carries a gun, and nobody should mess with him while he was patting his side. She said that Frank Carson did not have a gun on his side that day.

Marlisa Ferreira states that on 08/14/2015 Frank Carson was arrested, and Ms. Johnson did a TV interview concerning Frank Carson. Marlisa Ferreira states that Ms. Johnson said that someone came to the door warning her that she was going to be evicted. This person was Ramona Casado, who is a close friend of the Carson family. Ramona Casado allegedly admitted to this in an interview with the investigators. Judge Zuniga asks Marlisa Ferreira what the relevancy is concerning these arguments.

Marlisa Ferreira states that this goes to intent, and opportunity. Marlisa starts talking about how Frank Carson had allegedly said that he carried a gun, and that nobody should mess with him. She states that Frank Carson said: “I’m no joke.” Marlisa Ferreira states that under 1101 this qualifies as subsequent events, and that Ms. Johnson was kicked out of the house because she did the TV interview.

Percy Martinez argues that this happened after Frank Carson had been incarcerated. Judge Zuniga tells Marlisa Ferreira that it is not clear to her that she is arguing intent (which she did twice,) and she is saying that this is under 1101. Judge Zuniga asks Marlisa Ferreira why Frank Carson’s current state of mind is relevant. Marlisa Ferreira states that this is a current and continuing course of conduct, and that Frank Carson is involved with obstruction of justice. Judge Zuniga tells Marlisa Ferreira that obstruction of justice in this case is limited to homicide, and covering up the homicide. Judge Zuniga asks Marlisa Ferreira why she did not bring this issue up when they were doing the 1101 evidence. Marlisa Ferreira tells Judge Zuniga that she thought that she had done so. We now take a long time where Judge Zuniga searches the court records to see if Marlisa Ferreira had done so. Judge Zuniga was unable to find anything concerning this in the records.

Percy Martinez states that this whole thing came up because of the television interview that was done by Tonya Johnson. He states that during the interview, Tonya Johnson actually said that Frank Carson was not that type of person. Percy states that Ms. Johnson, her mother, and a couple of children were recovering addicts. He states that Frank Carson came over and found Ms. Johnson’s brother passed out on the front porch of the rental house. He states that Frank Carson told Ms. Johnson that he did not want him at the house. Percy states that Ms. Johnson actually stayed in the house for an additional 17 months after the incident. Percy states that Ms. Johnson was evicted from the house after Frank Carson had been released on his own recognizance from jail. Percy Martinez states that Ms. Johnson gave an elderly person that was staying at the rental house two black eyes in 2017. Percy states that Frank Carson denies ever carrying a gun. Percy Martinez states that it is the defense’s theory that Michael Cooley killed Korey Kauffman. Percy calls Marlisa Ferreira’s arguments untimely, and a character smear. Percy: “It is nothing more than that.” Percy Martinez states that he wants Tonya Johnson’s testimony to be excluded. He states that this was not presented in the preliminary hearing, and is not relevant.

Marlisa Ferreira argues that Judge Zuniga had several times told her “Slim to win” during the preliminary hearing. Judge Zuniga tells Marlisa Ferreira that it is too bad that she didn’t listen to her. Marlisa Ferreira had a very sour look on her face, and said that she had tried. She seems to be dragging this thing out intentionally. If she never ends her case in chief, she will never lose. Judge Zuniga: “I have gone through your motions illiminae, and I don’t see anything. Judge Zuniga states that this was not submitted as a 1101. Judge Zuniga: “This should have been submitted to me way back when.” Judge Zuniga: “This is the second time this has happened.” Judge Zuniga states that this does not go to obstruction of justice. She states that Marlisa Ferreira’s argument that this is a continuing pattern does not resonate with her. Judge Zuniga states that this is relevant to Frank Carson’s state of mind, but it is untimely, and she is exercising her 352 powers. Judge Zuniga states that she is going to preclude Tonya Johnson’s testimony.

Judge Zuniga asks Marlisa Ferreira who she is going to call to the stand. Marlisa Ferreira tells Judge Zuniga that she is going to call Charlie O’Dell to the stand. Judge Zuniga tells Marlisa Ferreira that there are some issues that need to be dealt with before Charlie O’Dell can testify. Marlisa Ferreira tells Judge Zuniga that Charlie O’Dell was beaten up, and is blaming Frank Carson. Marlisa Ferreira tells Judge Zuniga that she can call Leonard Hall back to the stand. She tells Judge Zuniga that the DA’s Office did pay for Mr. Hall’s plane tickets, and other expenses. She states that the DA’s Office had done a spread sheet on these expenditures.

Judge Zuniga changes topics, and states that she has found exculpatory evidence in the personnel files of Scott McFarlane and Eduardo Quintinar. These personnel files are the subject of the Piches Motion that is currently being litigated. She states that the exculpatory evidence comes from other witnesses. Judge Zuniga states that the personnel files are voluminous. She states that there is too much material for her to review for Marlisa Ferreira to put the CHP Officers on the stand next week. Stuff like this will cause Marlisa Ferreira’s case in chief to extent into the next year. Like I say, if she never ends her case in chief, she will never lose this case. It is like a death row inmate trying to postpone the inevitable. “Please Mr. Custer, I don’t want to go.” Someday Marlisa Ferreira, you are going to lose this case.

It is now 10:40AM, and the jury is called up to the courtroom by the bailiff. They arrive in the courtroom at 10:43AM. Leonard Hall is put on the stand, and Percy Martinez does re-cross examination of Mr. Hall. Percy Martinez immediately goes into how Leonard Hall’s probation had been ended after he testified last week. Percy Martinez states that Marlisa Ferreira had handled the case for Mr. Hall across the hallway from Department 2. Mr. Hall states that he now has no charges pending. Leonard Hall admits that he did not put the plane tickets on his own credit card, but he states that he thought he had done so. He states that the airline person at the desk asked for his credit card and identification. He stated that he is too short to see if his cred card had been run through the machine. He did admit that he did not sign anything like a credit card slip at the airport. He admits that his housing, and meals had been paid for by the DA’s Office.

Marlisa Ferreira goes into re re re direct on Leonard Hall. She gets Leonard Hall to say that he learned from his wife Thursday night that he had not charged the plane tickets on his own credit card. Leonard Hall states that he has been clean since 2009. Leonard Hall states that he has not been influenced in any way by the financial help from the DA’s Office in this case.

Percy Martinez gets Leonard Hall to admit that the DA’s Office had told him that they were going to pay for the airline tickets. Judge Zuniga now tells the jury that the testimony that they just heard concerned the People presenting evidence that Frank Carson had threatened the Halls. Judge Zuniga tells the jury that the jury must decide if the preponderance of the evidence presented would support this argument. She tells the jury to disregard the testimony if this is not proved by the preponderance of the evidence. She tells the jury that they will be getting further instructions on this at the end of the trial. Judge Zuniga tells the jury that this only concerns Frank Carson’s state of mind, and nothing else. Marlisa Ferreira is once again out of witnesses, and the jury is sent to an early lunch. The jury only heard a total of 15 minutes of testimony this morning. Judge Zuniga tells the jury to be back at 2:00PM. There are some more arguments that must be heard before the jury can hear any more testimony. This case just keeps going sideways. I will be there tomorrow morning for more of this bogus trial.

 

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