FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
WEEK 29, DAY 101
BY WILLIAM THOMAS JENSEN (TOM)
THE SINGLE MOST IMPORTANT DAY
What comes to mind, as I sit here this afternoon, is a line from Firesign Theater, a comedy group from my college days so long ago. “Well, the fireworks are over, only the smoke remains, a great cloud in my great crystal ball.” Those of us that have endured three years of crap have been waiting for a day like this one. Now sit back, and enjoy this article. I will now try to paint for you yet another picture of what I term as the single most important day that we have seen thus far in this travesty of justice.
We start out this morning with the continuing testimony of Charlie O’Dell. Mr. O’Dell was subpoenaed by the defense as a witness in the preliminary hearing, but refused to answer any questions. Later on, after facing a sentence of 25 years to life for a three strike situation, he agreed to testify for the prosecution in exchange for 33 months in prison. His testimony has backfired in a monumental way, and has exposed to the jury the true facts that Marlisa Ferreira has so desperately tried to hide from them. There will be no way that the prosecution can succeed after what I heard in front of the jury this morning, and things are going to get much worse for Marlisa Ferreira as his testimony continues.
Defense attorney Percy Martinez starts out at around 9:15AM with his cross examination of Mr. O’Dell. He starts asking question concerning Mr. O’Dell’s first interview with law enforcement while he was still in custody. He was housed together with Michael Cooley at the time. Charlie O’Dell testifies that Michael Cooley told him about Frank Carson coming over to his house a couple of times. Percy centers in on a report written by the investigators that says that Charlie O’Dell had told them that on the first occasion he witnessed he saw the dome light was on in his Intrepid automobile. He did not remember saying that, and even after reading the report he was not refreshed. Percy gets Mr. O’Dell to state that it might help if he listened to the tape recording of the interview. This will be done later. Percy now asks Mr. O’Dell if Keith Hobbs had told him anything about Korey Kauffman. We immediately have a side bar. After the side bar, Mr. O’Dell says Keith Hobbs did tell him things about Korey Kauffman. Percy tries to ask another question concerning something that “Uncle Mike” did to Korey Kauffman which was shut down by objections. Judge Zuniga: “We will get back to that.”
Percy Martinez now asks Mr. O’Dell if he talked to Detective Cory Brown about Korey Kauffman borrowing money from Michael Cooley. He gets refreshed on this with the police report, and Charlie O’Dell says that it did not refresh his memory. Once again, Mr. O’Dell says that it might help if he can listen to the tape recording of the interview. This will be done later I assume. Percy now asks Mr. O’Dell if he told Detective Brown about going to Escalon to pick up a muddy Michael Cooley, Eula Keyes, and Keith Hobbs, after their car broke down while returning from Sonora. Charlie O’Dell admits to telling Detective Brown about this. Percy asks Mr. O’Dell if he told Detective Brown that the broken down car was a silver Ford Tempo. Charlie O’Dell says it was a black car of another make. Charlie O’Dell states that this happened at the end of March in 2012. Charlie O’Dell had been released from custody on 03/26/2012. He seemed to be reluctant on the stand to admit that this was the day he had been released. Once again, he will have to listen to the tape recording of the interview. According to what I heard, he told Detective Brown that Michael Cooley was in the back seat with Eula Keyes. Mr. O’Dell now admits on the stand, in front of the jury, that Michael Cooley said that: “They had just got rid of somebody, and that is what that mother fucker gets for messing with our money.” Charlie O’Dell testifies that Michael Cooley had told him that they had just come back from Sonora. Mr. O’Dell did not remember telling Detective Brown that it was a weekday that this happened, and did not specifically remember if it was a Wednesday or a Thursday. Once again he will have to listen to the tape of the interview at a later time.
Percy Martinez now goes back to asking questions concerning an incident where he drove up and saw the dome light on in his car that was parked at Michael Cooley’s house. Mr. O’Dell, according to the police report had told Detective Brown that he went over and kicked Frank Carson in the butt. Percy has to show Judge Zuniga the report, and Marlisa Ferreira’s objection to this is overruled. Marlisa Ferreira wants a side bar at this time. After the side bar, Marlisa Ferreira comes back to her table with a sick look on her face. Judge Zuniga tells Percy that he just has to re-phrase his question. He tries to ask another question, and we have another side bar. Marlisa Ferreira is desperately trying to stop this line of questioning. We go round and round with this with objections galore. Percy gets Mr. O’Dell to admit that he told Detective Brown that he someone going through Linda Sue Burns’ car, and he went over and kicked him in the butt. Now he says that he did not say that. He says that he did not say that the person was Frank Carson. Mr. O’Dell says that the cops were called. Mr. O’Dell now states that he only mentioned one time to the investigators when Frank Carson had gone through Linda Sue Burns’ car.
Percy now asks questions to Mr. O’Dell about a second interview that was done on 11/18/2013 with Kirk Bunch. He states that he last spoke with Michael Cooley when they were in custody together, and had not spoken to him since then. Mr. O’Dell states that he spoke to Kirk Bunch about the Escalon incident, and that Bunch told him that he was confident that Michael Cooley was not involved in the killing of Korey Kauffman. He does not admit that he told Kirk Bunch that everything he said about the Escalon incident was the truth, even though this is in the report written by the investigators. Once again, he will have to listen to the tape recording to see if this refreshes his memory. He admits on the stand that he was asked by Eula Keyes to pick them up at a tractor place in Escalon. Percy now goes back to the dome light situation. Percy asks Mr. O’Dell if he told Bunch the car was an 84 Monte Carlo, and he had just come back from the store to buy a glass pipe, and had been pulled over by the police. When he got back to Michael Cooley’s house, he saw the dome light on. Mr. O’Dell admits that he caught Frank Carson going through the car. Percy asks Mr. O’Dell if he told Kirk Bunch that he kicked Frank Carson’s butt, and I think he admits this.
Percy Martinez now goes into how Mr. O’Dell had told Kirk Bunch that Micheal Cooley had kicked Frank Carson’s butt. Percy now asks O’Dell about he had said he saw three Arabs or Hindus on Frank Carson’s property. Charlie O’Dell admits that he had said this to Kirk Bunch. He does not remember Kirk Bunch asking him if the people he saw were Indians. Charlie O’Dell states that this happened around mid March of 2012. Percy reminds Mr. O’Dell that he had been released from custody on 03/26/2012, but he does not remember when he was released. This will not be hard for the defense to prove. He does not remember saying he saw three people in the Carson back yard, and does not remember saying that he saw Frank Carson on the property at that time. After being refreshed, he remembers saying that. Charlie O’Dell, after many questions admits that he had been smoking methamphetamine at the time with Michael Cooley, and had told Kirk Bunch that he had smoked enough meth, and was going to smoke a cigarette. Now he states that he told Kirk Bunch that he did not see Frank Carson on the property that day. We will certainly have to listen to the tape recording of the interview to sort some of this stuff out folks.
Now Mr. O’Dell speaks about telling Kirk Bunch that he saw 3 Arabs in the back yard of the Carson property, and that they had shovels and picks with them, and that Frank Carson was not with them. He told Kirk Bunch that they were digging by the hole in the fence, and were putting barbed wire around the hole. Percy reminds Mr. O’Dell that yesterday he had testified that he saw 2 Arabs along with Frank Carson on the property repairing the fence. It seems his story is morphing. Judge Zuniga has the jury step out of the courtroom. Judge Zuniga states that Charlie O’Dell wants to speak to his attorney Lou Wentz. We all take a break at this time.
After the break, and before the jury is brought back up, Judge Zuniga speaks to Marlisa Ferreira about some voluminous discovery regarding Praveen Singh that is going to be handed over to the defense soon. It is coming from Fresno. Judge Zuniga calls for the jury. They are back in the courtroom at 10:33, and Charlie O’Dell is put back on the stand.
Percy Martinez reminds Charlie O’Dell that he had told Kirk Bunch in the 11/18/2013 interview that he had not seen Frank Carson on the Carson property when he saw the Arabs. Percy shows O’Dell the transcripts, and Charlie O’Dell admits to telling Kirk Bunch that he did not see Frank Carson on the property that day. He admits to telling Kirk Bunch that he was too “Spun out” to identify anybody he saw on the property that day. Charlie O’Dell states that it was 4:30PM to 5:00PM when he saw the people on the property, and it was still light outside. He admits to telling Kirk Bunch that he had seen Georgia DeFelippo on the property as well, even though he admits to not knowing Georgia DeFelippo. He states that he just assumed it was Georgia DeFelippo that he saw. He does not remember telling Kirk Bunch that he was not present during the second alleged incident on the Carson property. Once again, he says that it might help if he were able to listen to the tape recording of the interview.
Percy Martinez now asks Charlie O’Dell about telling Detective Jon Evers about the Escalon incident. He states that he told Evers that Michael Cooley told him that they had just gotten rid of someone, and he states that the incident happened around the end of March in 2012. Charlie O’Dell states that they “May have been” spun out when he picked them up in Escalon. Percy: “Were they tweeking?” Charlie O’Dell: “Yes.” Percy now asks for a side bar before he asks a question.
After the side bar Percy asks Mr. O’Dell if he would lie to avoid a 25 to life sentence. He had to rephrase this question many times before it was acceptable to Judge Zuniga. Charlie O’Dell says: “No.” Charlie O’Dell does not remember if Michael Cooley was upset with him after the Escalon incident. He states that he is not afraid of Michael Cooley.
Defense attorney Hans Hjertonsson takes over on cross examination. Hans once again pounds the point that Charlie O’Dell had been released on 03/26/2012. He gets O’Dell to admit that he had been called by Eula Keyes to pick them up in Escalon. Charlie O’Dell states that he was called by Eula Keyes around 3:00AM to pick them up. Charlie O’Dell states that this happened a few days after he was released from custody on 03/26/2012. He admits that this would be around 03/29/2012. Charlie O’Dell states that he saw a “Spun Out” Michael Cooley and Keith Hobbs in the broken down car. He states that Michael Cooley told him that they had just gotten rid of somebody.
He admits that Korey Kauffman owed Michael Cooley money. We have a side bar, and once again Marlisa Ferreira has that sick look on her face as she returns to her table. Charlie O’Dell admits that Michael Cooley had said to him: “That’s what the mother fucker gets for playing with our money.” Charlie O’Dell states that Michael Cooley had told him that they had taken this person to a hog farm. I assume they were going to let the hogs have something to eat. At this time, I see Kirk Bunch turning bright red. Charlie O’Dell admits that he never told Kirk Bunch about boards with barbed wire being place by the hole in the fence. Charlie O’Dell states that he only told Kirk Bunch about barbed wire being used. He admits that he did not tell Kirk Bunch about lasers being pointed at him from the Carson property.
Hans asks Charlie O’Dell if he is familiar with the term “Shopping around cases.” Charlie O’Dell says he is familiar with this term. Hans goes over Charlie O’Dell’s criminal record, and gets him to admit that he was facing 25 to life. Hans gets Charlie O’Dell to admit that he is only going to serve 32 months in prison after testifying for the prosecution in this case. Charlie O’Dell admits that he saw Michael Cooley playing with knives, and has seen Michael Cooley get angry.
Jai Gohel now takes over on cross examination. He immediately starts asking O’Dell about facing 25 to life because of his 3 strikes. He gets O’Dell to admit that he never said that Frank Carson had knocked on windows and called them tweekers and thiefs. Now O’Dell says he did say that. Jai points out that O’Dell had said that he saw dark skinned people in the driveway, and had seen 2 people with Frank Carson in the driveway. Jai points out that he did not mention this in the interviews, but O’Dell says that he believes he did say that. Jai points out that O’Dell said on the stand that Frank Carson had said that all tweekers get what they deserve. Jai states that O’Dell did not say that in the interviews. O’Dell states that he thinks he did say that in the interviews. Jai gets O’Dell to admit that he did not say anything about a board and barbed wire on the Carson property. Jai goes over O’Dell being high on meth and stepping out for a cigarette, and how he was in jail in the middle of March in 2012. O’Dell admits that it would have been in the end of March of 2012 that this happened. Jai gets O’Dell to once again admit that he could not identify the pictures of people that were shown to him by Kirk Bunch. He points out that O’Dell had testified yesterday that the person he recognized had a laser.
Charlie O’Dell states that he is not that close to Michael Cooley. He states that he has not talked to Michael Cooley for a long time. Jai gets O’Dell to admit that Michael Cooley is his “Street Uncle.” He admits to telling Detective Cory Brown that Michael Cooley is his street uncle, and has known Michael Cooley for around 26 years. Jai Gohel, after a side bar, goes over O’Dells extensive criminal record. Jai Gohel gets O’Dell to admit that he would be around 62 years old at least when he would have been released from prison before he made the deal for 32 months to testify. Jai gets O’Dell to admit that he told the doctor at Memorial Medical Center that he had been beaten with brass knuckles, and did not tell the doctor about being threatened. Jai Gohel goes over with O’Dell how he is always at risk for beatings because he is a sexual predator. Jai Gohel gets O’Dell to admit that he saw Korey Kauffman’s bike at Michael Cooley’s house at the end of March in 2012. Jai Gohel tries to ask O’Dell if Michael Cooley had told him that Korey Kauffman was buried at a hog farm in Sonora. This is objected to, and the objection was sustained. Jai gets O’Dell to admit that he had been housed with Michael Cooley in jail. O’Dell admits to talking to Michael Cooley about Korey Kauffman while in jail. Jai Gohel brings up the fact that O’Dell had denied on the stand yesterday that he had ever spoken to Michael Cooley about Korey Kauffman after seeing the bike on Michael Cooley’s property. O’Dell admits that he had spoken to Michael Cooley about Korey Kauffman while he was house with him in jail. That sounds like he was caught lying on the stand. Judge Zuniga now sends the jury out for an early lunch.
After the jury was out of the courtroom, and Charlie O’Dell is taken off the stand, Judge Zuniga asks the attorneys when the pig farm discussion took place. Jai Gohel tells her that this is separate from the Escalon situation. Jai Gohel states that O’Dell told Detective Cory Brown on 02/08/2013 that Michael Cooley had told him that Korey Kauffman had been buried on a hog farm in Sonora. There is some discussion about how Charlie O’Dell lied on the stand about speaking to Michael Cooley about Korey Kauffman after seeing the bike. Judge Zuniga speaks about how the police report is “Word product.” Marlisa Ferreira tries to say that she was speaking about “That point in time” when she asked Charlie O’Dell if he ever spoke to Michael Cooley about Korey Kauffman after he saw the bike. Judge Zuniga strongly disagrees with her, and says that her question was asked in a very broad manner. Judge Zuniga: “You didn’t limit your question, it was very broad.” Judge Zuniga states that the defense will have to put Michael Cooley on the stand to sort out this issue. She tells Marlisa Ferreira that she will not have to give the jury special instructions on this matter. Marlisa Ferreira, in her arguments, had said that this situation would harm her case. I think it has destroyed her case. Judge Zuniga is going to have the taped interview played, and it should take at least one hour. This should happen this afternoon. I think we are seeing Marlisa Ferreira’s case explode on her, and it couldn’t happen to a more deserving person.
Sincerely; William Thomas Jensen (Tom)
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