FRANK CARSON ET AL 11-14-2018 AM (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION

11/14/2018

JENSEN

WEEK 30, DAY 103

BE CAREFUL WHAT YOU ASK MARLISA

Here I am at my computer once again writing an article on this travesty of justice. I found out before court this morning about the 80,000 pages of new discovery that we learned of last week. The new discovery concerns Praveen Singh, who is facing Federal charges for real estate fraud, and other charges. The defense attorneys do not think that this new discovery will cause further delays in this trial, so I am pleased. This morning, we heard the remaining testimony of Charlie O’Dell, who has testified that he picked up a muddy Michael Cooley, Keith Hobbs, and Eula Keyes in Escalon. He testified that Michael Cooley told him that they had just gotten rid of someone in Sonora, and their car had broken down in Escalon. Cooley told Charlie O’Dell that is what that person gets for messing with their money. There are other things that Michael Cooley told him that incriminates Michael Cooley in the death of Korey Kauffman. All of these statements were able to come in because of a very broad question that Marlisa Ferreira asked Charlie O’Dell on the stand. She opened up a can of worms that has destroyed her case, that has already been destroyed by other testimony. The prosecution has the obligation to prove their case beyond a reasonable doubt. I think Charlie O’Dell’s testimony has taken reasonable doubt to a totally new level. I can’t see any way that Marlisa Ferreira will be able to overcome his testimony. We are heading to a verdict of not guilty. Marlisa Ferreira and Kirk Bunch had a very hard time trying to smile for the jury as they came into the courtroom today. I think they can see the handwriting on the wall.

We start out this morning, out of the presence of the jury, by discussing the arrest record of “Little Person” Jimmy Jackson. Marlisa Ferreira wants to bring this up to show why Charlie O’Dell was so afraid of the little man. Defense attorney Percy Martinez states that this information is not relevant. Defense attorney Hans Hjertonsson agrees with Percy Martinez, and states that Marlisa Ferreira is trying to bolster Charlie O’Dell’s testimony. Defense attorney Jai Gohel states that the only way Marlisa Ferreira should be able to use this information is if it is going to be used for a self-defense claim. He also agrees that this information is not relevant. Jai states that the testimony shows that Charlie O’Dell was attacked by a “Little Person.” Marlisa Ferreira states that the photo ID of this person, and the prior convictions go to violence. She states that Jimmy Jackson is known to carry handguns, and that Charlie O’Dell has testified that he was shot at by Jimmy Jackson in the past.

Judge Zuniga states that Jimmy Jackson has been charged with Felony Possession of a weapon and ammunition, but that case was dismissed. She talks about a conviction of petty theft, and another case that was dismissed. Defense attorney Percy Martinez states that Marlisa Ferreira is trying to prove that Jimmy Jackson committed acts against Charlie O’Dell without putting him on for testimony. Judge Zuniga states that Jimmy Jackson is neither a defendant or a witness in this case. She states that Charlie O’Dell’s credibility is an issue, and his arrest record would help show his credibility. She tells the defense attorneys that they can call Jimmy Jackson to the stand if they want to. Judge Zuniga states that the only thing that has merit is Jimmy Jackson’s convictions. Judge Zuniga overrules the defense objections to Jimmy Jackson’s convictions, but tells Marlisa Ferreira that she can’t read them into the record. She tells Marlisa Ferreira that she needs to move them into evidence.

We now go into how Keith Hobbs had said negative things about Michael Cooley. Percy Martinez speaks on this subject, and Judge Zuniga states: “I agree with you folks.” She states that Marlisa Ferreira had asked a very specific and broad question, but she will not let the defense attorneys to use it for a third party defense. Judge Zuniga: “You can’t do that sir.” She tells Percy Martinez that he can call Keith Hobbs to the stand if he wants. Judge Zuniga tells Marlisa Ferreira that she did ask the question, “Which was not very well thought out.” She tells Marlisa Ferreira that the defense can use Keith Hobbs statements to impeach Charlie O’Dell. She states that the defense can use Charlie O’Dell’s statement that: “Keith was telling me that Michael Cooley did it.” Judge Zuniga was very disorganized and had missed this statement before being reminded about it by Hans Hjertonsson. I think that the jury has heard so much from Charlie O’Dell about Michael Cooley’s admissions of guilt, that they will certainly use this information to form their opinions of third-party culpability. This is big time reasonable doubt, and Marlisa Ferreira will not be able to get past it.

At 9:58AM, Charlie O’Dell is brought to the stand, and the jury is ushered into the courtroom. We immediately have a side bar. After the side bar, defense attorney Hans Hjertonsson starts asking Charlie O’Dell the questions. Hans gets Mr. O’Dell to admit that he had been assaulted numerous times after he had been released from jail. He gets Mr. O’Dell to admit that he was facing a 25 year to life sentence when he reached out to law enforcement about the threats that had been made to him. Hans asks Mr. O’Dell if Keith Hobbs had told him that Michael Cooley had killed Korey Kauffman. Charlie O’Dell: “Correct.” Hans Hjertonsson now gets Charlie O’Dell to admit that he had picked up Michael Cooley, Keith Hobbs, and Eula Keyes in Escalon during the last week in March of 2012. Hans gets Charlie O’Dell to state that he had just been released from jail on 03/26/2012. He gets Charlie O’Dell to admit that he had told Detective Cory Brown that this was on Thursday, March 29, 2012. Hans reminds Charlie O’Dell that Marlisa Ferreira had asked him if he knew that Michael Cooley had killed Korey Kauffman, and that he had testified that Michael Cooley had said: “That is what the mother fucker gets for messing with our money.” Hans reminds Mr. O’Dell that he had testified that he told DA Investigator Kirk Bunch that Michael Cooley told him that he had just gotten rid of somebody in Sonora. Charlie O’Dell had to be refreshed before he admitted to saying that to Kirk Bunch. Hans Hjertonsson has no further questions at this time.

Defense attorney Jai Gohel takes over asking the questions. Jai Gohel reminds Charlie O’Dell that he had no deal when he made the initial statements to the investigators, but that he has an agreement now. Jai Gohel reminds Charlie O’Dell that he had said that he wanted the Kauffman family to have some closure when he made his initial statements. He reminds Charlie O’Dell that he had described picking up a muddy Michael Cooley, Keith Hobbs, and Eula Keyes in Escalon around 3-4AM on what appears to be Thursday March 29, 2012. He reminds Charlie O’Dell that he had described a “Spun out” Keith Hobbs and Eula Keyes. He reminds Charlie O’Dell how he had said that Michael Cooley had told him that they had just gotten rid of someone in Sonora. He reminds Charlie O’Dell that he had told the investigators that Michael Cooley had said: “That is what the mother fucker gets for messing with our money.” Jai Gohel: “Were you telling the truth?” Charlie O’Dell: “That is correct.” Jai Gohel tells Charlie O’Dell that he had been asked by Marlisa Ferreira if Keith Hobbs had told him that Michael Cooley had killed Korey Kauffman, and he had answered the question by: “No Mam.” Jai Gohel: “In fact, when you talked to Detective Cory Brown, you told him that Keith Hobbs told you that Michael Cooley did it.” Charlie O’Dell: “Correct.” Jai Gohel: “Keith Hobbs told you that Michael Cooley killed Korey Kauffman?” Charlie O’Dell: “Yes.” Jai Gohel: “Korey Kauffman owed $9000.00 to Michael Cooley for stolen antiques?” Charlie O’Dell: “Correct.” Jai Gohel: “Were you told that?” Charlie O’Dell: “Yes.” Jai Gohel: “Were you a Northerner?” Charlie O’Dell: “Yes.” Charlie O’Dell states that he dropped out of the Northerner gang. Jai Gohel: “Was Jimmy Jackson a Northerner?” Charlie O’Dell: “Yes.” Jai Gohel reminds Charlie O’Dell that when he spoke to DA Investigator Steve Jacobson in May of 2018, he was facing 25 years to life, and had never mentioned anything about Jimmy Jackson. He reminds Charlie O’Dell that he is now facing 32 months in prison after agreeing to testify for the prosecution. Jai Gohel reminds Charlie O’Dell that he told the investigators that Keith Hobbs was tweaking when he picked him up in Escalon. Charlie O’Dell denies stating that Keith Hobbs was tripping about what he had just done in Sonora. Jai Gohel: “Did Keith Hobbs look scattered?” Charlie O’Dell: “They all did.” Jai Gohel has no further questions at this time.

Marlisa Ferreira goes into a desperate attempt to put lipstick on a pig by rehabilitating Charlie O’Dell’s testimony. She gets Charlie O’Dell to testify that Michael Cooley never said who he had gotten rid of in Sonora. Marlisa Ferreira, several times was chastised by Judge Zuniga for asking leading questions. We now go into a side bar, and Judge Zuniga calls for a break until 11:05AM. After the jury and witness are taken out of the courtroom, she states that we will have a hearing on a Jim Cook exhibit this afternoon. It seems as though we will have more hearings on Friday, and the jury will not be in the courtroom.

At 11:15AM, Marlisa Ferreira is still trying to put lipstick on a pig with Charlie O’Dell. She asks him about the $9,000.00 that Korey Kauffman owed to Michael Cooley. Charlie O’Dell tells her that the people at Michael Cooley’s house told him that Korey Kauffman owed $9,000.00 to them. Charlie O’Dell states that he was not told if this debt was ever paid back. It confounds me why Marlisa Ferreira ever asked him this question. Charlie O’Dell testifies that he dropped out of the Northerner gang in 2010, and was never told that he was attacked because he dropped out of the gang. Charlie O’Dell testifies that he never saw Michael Cooley attack Korey Kauffman. Charlie O’Dell testifies that he did not tell the investigators about Jimmy Jackson because he was afraid of his children. Marlisa Ferreira has no further questions at this time.

Defense attorney Percy Martinez reminds Charlie O’Dell that in February of 2013 he had told Detective Cory Brown that the Escalon incident happened at the end of March in 2012, and that it was on a week day. He gets Charlie O’Dell to state that he told Detective Cory Brown that he thought it happened on Thursday, March 29, 2012. Charlie O’Dell admits that his memory was better back then than it is now. Percy has no further questions for Charlie O’Dell. None of the other attorneys had any questions for Charlie O’Dell. He is done testifying in this case. I believe that his testimony has insured a not guilty verdict in this case for all of the defendants.

Marlisa Ferreira now calls Julia Foster to the stand. She is the niece of Charlie O’Dell, who took him to Memorial Medical Center after he had been beaten down by Jimmy Jackson and some others. She states that Charlie O’Dell’s face was swollen, and he had a slight cut over his right eye. She states that she took Charlie O’Dell to the emergency room at Memorial Medical Center. She states that Charlie O’Dell told the physician that he had been jumped, and that he had just gotten out of jail. She states that Charlie O’Dell had told the physician that he had been assaulted multiple time after getting out of jail. The jury is brought out of the courtroom, and Judge Zuniga asks Ms. Foster if she had heard Charlie O’Dell speak to someone on the phone. Ms. Foster states that Charlie O’Dell did not have a phone with him. Judge Zuniga: “Did you hear him speak to his parole agent?” Ms. Foster: “No.” Judge Zuniga: “Were you interviewed by Steve Jacobson?” Ms. Foster: “Yes.” Judge Zuniga: “Did you tell him you were concerned about your Uncle’s safety?” Ms. Foster: “Yes.” Ms. Foster states that she was aware that he had been speaking to his parole agent before she took Charlie O’Dell to the hospital. Judge Zuniga: “Bring the jury back in.”

Marlisa Ferreira: “Did Charlie O’Dell say he talked to his parole agent?” Ms. Foster: “Yes.” Ms. Foster states that Charlie O’Dell had to speak to his parole agent because he was not going to be able to go to a scheduled meeting. He had to go to the hospital instead. She states that he told his parole agent that he had been jumped, and nothing else. Ms. Foster states that Charlie O’Dell found out that he was going to testify in this case when he was in jail. She described Charlie O’Dell as being confused and being in pain. She thought he had a concussion, and his right eye had a slight cut or scrape on it. Marlisa Ferreira has no further questions for Ms. Foster.

Percy Martinez gets Ms. Foster to state that she was 18 years old when she took Charlie O’Dell to the hospital. She states that Charlie O’Dell did not appear to be under the influence of drugs, was not bleeding, and had lumps and bruising to his face. She states that he told the physician that he had been beaten with brass knuckles. Percy has no further questions. None of the other attorneys had any questions for Ms. Foster. She is allowed to step down from the stand. It is now 11:45AM, and we break for an early lunch. I will be there tomorrow morning for more of this travesty of justice.

Sincerely; William Thomas Jensen (Tom)

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