Good evening everybody, this is Marty from Dawgs Blog. This is tonight’s report from November 7, 2018 on the Frank Carson et al. Trial. As you probably know I was not there this morning, I had a little business to take care of and Tom report is now up. We are titling today “The Attack of the Little People”. we are not allowed to use the term ‘dwarf’ or ‘midget’, we have to use the term ‘little people’ according to Judge Zuniga and so that’s what we’ll do. An interesting report by Tom this morning.
This afternoon the Judge wanted everyone back at 1:15 PM and she was on the bench at the 1:19 PM. She wanted them back a little early because apparently they got permission from Charlie ODell to get his medical records from Memorial Hospital on what happened sometime around November 6th or 7th, regarding the beating. He was at the hospital on November 7th, I believe, this happened right after he got out of jail. The attorneys received those documents and they took a little bit of time to go over them. She gave about 45 minutes to read them over.
The jury came up at 2:01 PM. Charlie Odell was on the stand. Percy Martinez was doing cross and he said the first beating that he took was on November 6th or 7th, right after he was released from jail. He was beaten by a group of seven people including the little person. He was also stabbed by the little person and hit by a car. Then he said he been out of custody two weeks, but he said this happened right away after he got out of jail. I wasn’t there this morning, so I might have missed something there. He said he’d been out two weeks in this has been an ongoing issue. He was knocked unconscious. They took his backpack and his cell phone. He was stabbed by the little person. Then his brother had ran over for help apparently by the trailer park and came over to help them out. He was living in a camp area by the Seventh Street bridge, it was actually like a trail along the HWY 99 overpass between Seventh and Ninth Street, is what he said. His brother ran and got some help and came back with some friends. He said he just decided to take off walking before anybody got there and he did not go to the hospital. He said his dog had some teeth knocked out by the people, he had a small pitbull, and the dog’s teeth were knocked out by the same people. He didn’t get the dog help either. Just a few minutes after the first beat-down he was attacked again by the same people where his camp was, but he left his dog with his girlfriend at the campsite. He had left and came across these people again over on Seventh Street or something like that. He only felt dizzy for a couple minutes. He walked down Seventh Street to get some ice and again attacked by the same people. He recognized the little person driving the car. He was calling him a dwarf and midget and stuff and Judge Zuniga corrected everybody on that: “it’s little person”. the little person was driving the car with six other people in it. He said he tried to fight back against a group of people. But while he was getting beat up by all the people, the little person was just running around. This is the same little person that stabbed him in the previous attack.
He was asked if he was on methamphetamine at that time? He said he was working every day, so no, he wasn’t using meth. He was working at Central Valley recycling. He said he worked every day, except for that day he was not working.
The first time he was attacked he got stabbed and the little person was running around and ran behind him and stabbed him.
He got knocked out the second time he got beat down. Again the little person was running around. He didn’t know if he was in the fetal position or what position he was in after he was knocked unconscious. He said there was a lot of traffic on the street, which was Seventh Street, but unknown how many cars there were. He says “I wasn’t counting”. no one stopped on Seventh Street to help him, which is probably typical in that area to tell you the truth. After the second beat down he had gone back to his camp.
Three or four days later he was beat down again in the alley between Seventh and Ninth Street by the gas station and that’s where his camp was. He headed towards Ninth Street from Seventh and he was jumped by four people again and one was a little person again. The little person said he needs to change his story. He did not recall the voice of the little person. Charlie ODell said he did not ask what he was supposed to say or not say.
Percy Martinez asked him if he was a witness for the defense at the time and he said yes. He wasn’t a witness for the prosecution at the time, as the defense had called him as a witness.
Again he said he had gone down the path between Seventh and Ninth Street on the path from where his camp was and he walked to a friend’s house. He had cleaned up by the gas station and he was unable to call because he didn’t have a cell phone and there was no payphone at the gas station. He said there are no payphones in Modesto anymore. He said he never asked people what they wanted.
About a week later he was beaten in the same alley. I guess he didn’t want to move. This is the same alley as the last time, which is where his camp was. There was four people that started beating him but there was no little person that time. He said they left him knocked out. He was knocked out for about 15 seconds. He got up, had a cigarette and went to the camp back in the alley and never told anybody about the incident.
He said the next beat down was on November 6 or 7th, the little person, at the path in the same place. The people came off Ninth Street. He saw the little person and he said he didn’t turn around, try to go away, move in the other direction or go across the street. He walked towards them. He said he’d rather face whatever he had coming head-on, if they’re going to shoot him, he’d rather they shoot him head on than in the back. There were five people on November 6 or 7th. He walked right up to them and they started beating him with their hands. They had no weapons. They rushed him and started swinging. He got knocked out again and went to a friends house. He called his niece and he described that little person as between 3 and 4 feet tall and the little person had no weapon that he was aware of or noticed. This time he actually went to a doctor.
Judge Zuniga saw something in the courtroom. I don’t know what it was. She called a sidebar. There was a few chuckles going on in the courtroom and there was a large group of students and there were kind of enjoying the story.
So he did go to the doctor and this doctors report that everybody had was from November 7. He told the Doctor what happened and he told the doctor he was beaten with brass knuckles. Now that’s what it said in the medical report. He does not recall saying that. He did not recall seeing anybody with brass knuckles, but he did tell the doctor that he was hit with brass knuckles. When Percy asked him if he said that, he said yeah I might’ve, yeah. he says it felt like brass knuckles and he had the fractures all over his face. He said the fight lasted a very short time on November 6 or 7th. In an interview by Steve Jacobson, in, I believe June 2017. he said that he was just jumped two times in one day. He reread the transcript of that interview, but now says it began in July 2017 because he said he didn’t get out until the end of June. So the beatings began in July. He did not go to the doctor for the first beat down. Apparently, there was a second interview with the Steve Jacobson again in May 2017. he said the incident occurred in the overpass by Ninth Street. In the report, he said, there were two clean cut, rather large, muscular, heavy set, Hispanic men were waiting at his camp for him. Again he had of the refresh with the transcript as to recall that. He said yeah that’s what he told Steve Jacobson.
There was a sidebar that was called and the jury was sent out the room at 1:45 PM, so they were in there about 44 minutes. During that sidebar, Charlie Odell waved to his attorney to come over and talk to them and so they had a check with the judge but typically attorneys are able to talk to his client on the stand. The defense objected and Judge Zuniga overruled. Come to find out through the bailiff, and this is what I saw, Charlie Odell did call him over and want to talk to him and he has every right to do that. So Charlie Odell was taken out of the courtroom, after the jury was sent out, to talk to his attorney.
Marlisa Ferreira represented to the court at this time that Steve Jacobson was able to establish the identity of the little person and his name was Jimmy Jackson. Apparently he’s a documented gang member, is well known around Modesto and he has many priors. Steve Jacobson found it in the house database of, I guess, the local talent. So as you can imagine this started another whirlwind of why Marlisa Ferreira all of the sudden is able to come up with a name. Come to find out later that after the first break in the afternoon, which was from 1:15 to 2:00, Lou Wentz, Charlie Odell’s lawyer, had been given that name by Odell and he gave it to Marlisa Ferreira. Marlisa Ferreira didn’t say anything at that time and then waited till later on until after they done a check to see who this possibly could be. Charlie Odell, this morning when the DA was doing direct, testified that he didn’t know who this little person was, but now he’s saying he does.
After the break Judge Zuniga came out and said she met with Lou Wentz and Marlisa Ferreira in chambers. Charlie Odell wanted to talk to Marlisa Ferreira and she told him that she cannot talk to him, but he did reveal that it was Jimmy Jackson who had been ID’d as the little person. He’s concerned about this Jimmy Jackson and the safety of his family and that’s why he lied about knowing him this morning.
Percy Martinez addressed the court and says now Charlie Odell is now saying on direct with the DA he didn’t know who the little person is, but now he’s admitting he did, so he lied on the stand.
Marlisa Ferreira said she got the Jimmy Jackson name from Steve Jacobson and after she was given the little clue, I guess by Lou Wentz, it’s it’s kind of confusing to me how the whole thing went.
Percy Martinez argued if his testimony is morning was he didn’t know who it was and now he says he does, he has testified falsely. Now Charlie Odell has mentioned Jimmy’s name so that opens up an area they can go into about his truthfulness.
Marlisa Ferreira was getting a little defensive, as she typically does, about how Charlie ODell knew the name and it was passed through his lawyer. To tell you the truth, I think that’s exactly what happened, that’s the way it looks to me.
Judge Zuniga said she could not know how the DA was revealed one way or another. She she was told by the lawyer, Lou Wentz told her, that’s all there is to it. I saw Lou Wentz talking to Marlisa Ferreira during the second break this afternoon. It was a little bit of an extended conversation in the hallway outside, but again it it did appear that there have a serious conversation about something. I think there’s a very good possibility that Charlie Odell is worried about his family.
Attorney Hans argued that there talking about some documentation that was turned over by the district attorney and a packet that goes way back, but there’s nothing recent. What they’re talking about is a packet that is similar to a rap sheet, but it I think it’s at the district attorney’s office packet and it only went up to a certain date. Attorney Hans argued and some of them go back to the Jim Brazelton days, that’s back to 2000. so he was looking for an updated packet. They were scrambling to get that done. There was major confusion in the courtroom. Judge Zuniga doesn’t have a clue what’s going on as far as this is concerned or anything else for that matter. I wrote down long-winded conversation by all about Odell’s rap sheet (I don’t know what else to call it) and apparently it is not current or updated. So there was a lot of issues going on there.
Percy Martinez again requested the information verbatim that was revealed to Marlisa Ferreira through Lou Wentz, Charlie Odell’s lawyer. Lou Wentz actually addressed the court, he got on the mic and he said right after the lunch break, which was from 1:15 to 2 o’clock was when he told Marlisa Ferreira about about the little person’s name was Jimmy.
The jury was back up around 3:41 PM. Percy Martinez was still doing cross. He asked about his testimony earlier about the incident with the little person and now he knows who the little person’s name is. He was asked by Marlisa Ferreira in direct he said he didn’t know the little person’s name. Charlie ODell says yeah, I admit, I lied, there’s nothing else I can say. This is where the dates get confusing to me because he talked about all these beat downs and he didn’t go to hospital for several days, but he got released November 6 or 7th at midnight and the hospital paperwork said that he had gone in on November 7. there was a lot of confusion to me on these dates.
He told Steve Jacobson there is two large Hispanic men waiting at his camp when he got back. He was homeless and living in a tent in the camp on in an alleyway and those two Hispanic men were there waiting for him.
There was one incident he said that was on the 6th and there was one on the 7th, so I don’t know, I’m confused about this. I think he’s mixing up his dates little bit. Now he’s not sure what he told Steve Jacobson in the report. On November 6th he got out of jail and he went to his camp. On the seventh and he had left and come back and two Hispanic males were there. He said that may be the one I went to the hospital on. Again he’s not sure and he never mentioned any little person to Steve Jacobson. So he’s getting beat down by all these people and the little person is running around. He got stabbed one time by this little person, he says he has a scar from the stabbing. The two Hispanic males were thick and muscular, tall and husky, and they asked him if his name was ‘Wino’? He said that’s his prison name not his street name. They asked him so are you in that Carson shit? (that’s exactly how he said it) and he said that was a hospital incident. Again he’s going back to the 7th because he saying there were there on the seventh, I guess. He says his niece drove him to the hospital. There were objections about that led to a sidebar.
After a sidebar Percy went back on cross. Charlie Odell again is saying he got out on November 6, after 70 days in custody. He did tell the doctor that he was beaten six times in two days and one time with brass knuckles. On 2/8/13, he had interview with Corey Brown and talked about the cars at the Cooley residence, the dome light in the Monte Carlo always stayed on because the doors are “heavy”, he said. In the other car, the Intrepid, there was no lights on that at all, but in Corey Brown’s report, the Intrepid is the one that had the lights on. So he saying opposite of what the report said. He was reading the transcript. At this time it was late in the day and there still some questions by the judge on some things.
At 4:02 PM the jury was sent out. So we had a little better day today than we had yesterday. The jury was ordered back 9 o’clock tomorrow. They started talking about scheduling and I left. That’s what I normally do.
Charlie Odell has little people problems, but he’s also concerned about his family. He is saying that beat downs happened over the course of several days and then he went to hospital. But he was released from jail on November 6 and went to hospital November 7.
I have the PayPal button at the bottom of every report. Don’t forget my sponsors: Doug Mainer, Attorney at Law and Merced Tile Supply. Both good guys and they’ll really take care of you. It’s been a long day for me. I had to get up really early this morning and I’m kind of kind of in a haze right now, so I hope I made sense. If anybody had any questions, please feel free to email me, send messages on Facebook or Dawgs Blog or Dawgs Blog Facebook page. That’s all I got, as I always say: don’t take my word for it, come to court find out for yourself! Goodnight everybody.
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