FRANK CARSON ET AL 11-07-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

11/07/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

WEEK 29, DAY 100

Court began this morning at 9:10AM, out of the presence of the jury. We immediately go into arguments concerning a large number of pictures that Marlisa Ferreira wants to have presented to the jury. The pictures all center around pictures of handguns and rifles of various calibers that were found at searches of Pop N Cork Liquors and the homes of Baljit Athwal and Daljit Atwal. The only picture that was acceptable to Jai Gohel was a picture of a rifle and a wild boar that had been killed during a hunting trip. Marlisa Ferreira talks about how she wants the pictures of the long guns because previous testimony has supported three men carrying items that resembled long guns on the Carson property. Jai Gohel states that Robert Woody never said anything about the gathering of rifles to take to the Carson property by the Athwal brothers. Jai states that there has already been plenty of testimony concerning long guns in this case. He objects on the basis of relevance, 1101, 352 cumulative and prejudicial. Jai Gohel states that the dates electronically found on the photos are hearsay, and that there is a foundation problem with respect to using the metadata method to date the pictures. Marlisa Ferreira had submitted the pictures in separate groups of pictures for the judge, and Hans Hjertonsson wants all of the pictures to be viewed at the same time by the judge. Marlisa wants a picture of a handgun that was found on top of a refrigerator at Baljit Athwal’s house to be shown to the jury.

Marlisa Ferreira states that prosecution witness Faye Springer had testified that the holes in the Carhart Jacket could have come from many different calibers of bullets. She now wants pictures of many different calibers and styles of firearms to be shown to the jury. She states that Victor Navar is going to testify that Baljit Athwal told him that he had a handgun with him at the Carson property, and had handed it over to Robert Woody on the night that Korey Kauffman was allegedly killed. Judge Zuniga says that she needs to get the jury up for some testimony, and will have to finish these arguments later. She asks Marlisa Ferreira if she has a signed release form for the medical records of Charlie O’Dell from Memorial Medical Center. He is about to be put on the stand. Marlisa Ferreira wants to use the medical records during his testimony. Judge Zuniga goes over a sealed packet of his medical records, and a signed form is not in the packet. Kirk Bunch rushes out of the courtroom to call Memorial Hospital and get the signed form sent over. This gets done rather quickly.

At 10:43AM, the jury is brought up to the courtroom, and Charlie O’Dell is put on the stand. Marlisa Ferreira immediately asks Charlie O’Dell about how she had asked him about a picture yesterday of a person that he had seen on the Carson property. O’Dell states that he had seen this person twice on the Carson property. Mr. O’Dell states that this person had a laser pointer and had pointed the laser on his chest. He states that the laser was at first red, then was green. Mr. O’Dell states that Michael Cooley was with him at the time, and it happened around 6:30PM. He states that there only was one person on the Carson property at that time. The second time Mr. O’Dell saw this person was when he was smoking a cigarette on the Cooley property. Mr. O’Dell states that the person on the Carson property walked by. He states that this was in mid- afternoon and happened around the end of March in 2012. Charlie O’Dell says he knows this time period because he had gone through a divorce around the beginning of April in 2012. Charlie O’Dell testifies that the two incidents happened about three days apart. He states that he can’t recognize this person at this time.

Charlie O’Dell testifies that Michael Cooley was driving Eula Keyes black Ford Tempo at the time. He states that he got a call from Michael Cooley, and that the car had broken down in Escalon after driving from Sonora. He testifies that he went to pick up Michael Cooley, Eula Keyes, Keith Hobbs, and Michael Cooley in Escalon. Charlie O’Dell states that all of them were covered in mud. He testifies that this happened around the middle of March in 2012. He states that Michael Cooley had told him that they had just gotten rid of somebody. He testifies that he did not ask Michael Cooley any more questions concerning this because he did not want to know.

Charlie O’Dell testifies that he knew Korey Kauffman and had seen him many times at Michael Cooley’s house. He states that Korey Kauffman would come over and do a quick in and out at the Cooley house. Sounds like he was getting drugs from the Cooley house. Charlie O’Dell testifies that he always saw hugs and kisses between Michael Cooley and Korey Kauffman. He states that they would say: “I love you” to each other. He states that Korey Kauffman would call Michael Cooley dad. Charlie O’Dell states that he was aware of Korey Kauffman owing money to Michael Cooley one time. He states that he never saw any violent interactions between Korey Kauffman and Michael Cooley. He states that he never saw Korey Kauffman again after picking up the muddy Michael Cooley and others in Escalon. Charlie O’Dell states that he was at Michael Cooley’s house every day in March of 2012. He states that he saw Korey Kauffman’s bike at Michael Cooley’s house in the back yard. He states that he asked Keith Hobbs about the bicycle but did not get an answer to his question. Charlie O’Dell states that he never asked Michael Cooley about Korey Kauffman.

Marlisa Ferreira now goes into the extensive criminal record of Charlie O’Dell. He admits to an August 20, 1999 burglary that he was convicted of. He admits to sexual assault of a minor type charge that he was convicted of in September of 2000. This was a conviction of 288A. He admits that he has to register for life as a sexual predator. Charlie O’Dell testifies that he failed to register, and was picked up and re-arrested. Charlie O’Dell is shown the People’s 707, which is a plea agreement between the DA’s Office and him. He states that he has to agree to testify in this case truthfully in order to get the deal. He got a prior strike dismissed that was a burglary. He states that he had an interview with Kirk Bunch on 11/18/2013 where he revealed details of what he knew about Korey Kauffman. He states that he had no deal in place at that time. He states that he refused to testify in the preliminary hearing.

Charlie O’Dell states that after he was released from jail, he was beaten and stabbed, and was hit by a car. He states that this all happened during one incident. Charlie O’Dell states that he was jumped by seven guys around where he was camping at 7th Street in Modesto. He states that he did not get any medical attention following this incident. He states that he was able to run away from the guys that were beating him up. He states that his little brother Joey Hernandez was with him during this incident. During this incident, one of the people called him by his name, and told him that if he did not blame Michael Cooley for the killing of Korey Kauffman that this beating would just be a game. He states that he was knocked out after the third punch during this incident.

Charlie O’Dell states that he was beaten up again by the same people 15 minutes later. He said that when he woke up, his belonging were gone, and his dog had been beaten up and had some teeth missing. He said his dog was lying at his feet. He states that his brother had left to get some help, and was gone for around three minutes. He states that his brother helped him get up, and carried his dog to where their camp was under the 7th Street bridge. He states that he ran into the same guys under the 7th Street bridge camp. This is when the 2nd beating occurred. He was once again called by his name, and was beaten by four of the original thugs. He states that he was stomped, and kicked in the face. He states that after the beating, he felt constantly drunk and dizzy. He states that he did not seek medical help. He speaks about other beatings that were done to him, but they were objected to, and the objections were sustained.

Charlie O’Dell states that he had an interview with Steve Jacobson, but does not remember the date. He is refreshed on this, and the date was 05/15/2018. He states that during the 2nd beating, the four people did not say anything, and nobody else was present during the beating. He states that after the four people left, he went to a nearby gas station to wash up in the bathroom. He states that he went to see his niece Julie Foster, who took him to Memorial Medical Center for medical help. He says the assailants were Mexican, and were big people. He states that he signed a medical release form at the hospital. Marlisa Ferreira shows him the People’s 711, which is the signed release form. He provided this form to Steve Jacobson. While at Memorial Medical Center, he told the physician about the incident. He states that he saw one of the assailants on 9th Street near the River Road Market. He states that the person was in a black Honda car. Now this gets crazy. He states that one of the people was 3 ½ feet to 4 feet tall. He calls him a midget. He states that this person was half black and half Mexican. He states that the midget was the one who stabbed him in the back. Charlie O’Dell states that he is in protective custody when he is in jail. He states that no place is safe for him, but he is safer in protective custody. He states that he got a CAT scan and some pain medications at Memorial Medical Center, and nothing else. He states that he left a message for his parole agent named Salinas concerning the incident. He states that the other assailants were 5 ft 8 inches to 5 ft 10 inches and around 250 pounds, and he does not know who they are. Marlisa Ferreira has no further questions for him at this time.

Defense attorney Percy Martinez takes over on cross examination. Percy starts out with the basics of asking about his extensive criminal background. The bad charge was the one concerning lewd and lascivious acts on a child. Percy gets O’Dell to admit that he was facing 25 to Life for this conviction when his other strikes for burglary were applied. Percy gets O’Dell to admit that after his deal with the DA’s Office he got off for 32 months in prison. Percy gets O’Dell to testify that when he saw the physician at Memorial Medical Center, he had told the physician that he had been out of prison for 62 days. He told the physician that he lived under the 7th Street bridge, and had been beaten up 6 different times since getting out of prison. Percy gets O’Dell to admit that he did not tell the physician anything about being threatened. Charlie O’Dell did not recall if he told the physician anything about being involved with the Carson case. Charlie O’Dell states that he did not tell anyone about the first incident where he was beaten. He states that he had not been subpoenaed by the People when he was beaten the first time. He testifies that he had only been subpoenaed by the defense at that time. He states that the midget had stabbed him in the back. He states that he was knocked out after the third punch, and when he woke up he was by BJ’s Market on 7th Street in Modesto by the trailer park. He says the assailants were driving a black Honda, and it happened around 11AM to 12PM. Charlie O’Dell tells Percy Martinez that he has never said anything about the midget before today. He denies that he owed anybody money or money for drugs. He states that he never told anybody where he was staying before he was beaten up. It is now lunchtime. I will be there tomorrow morning for more of this bogus trial.

Sincerely; William Thomas Jensen (Tom)

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