This morning when I arrived in court about 11:35 AM Charlie Odell’s niece, Julia Foster, was on the stand. She was talking about some basic information about Charlie Odell’s attacks and some statements made. I did not take any notes in the short time I was in there in the morning, Tom Jensen will have a full report coming up soon.
I did stick around for part of the afternoon session which there was no jury just doing a motion on the Jim Cook flash drive. If you recall the flash drive was turned over and had all kinds of files on them that seemed to be miscellaneous other files and possibly put on there by former Ceres police officer and now currently Tracy police officer Derek Perry. There is some confusion as to that fact has his flash drive seem to make the rounds to the officers’ different homes and in storage and then was not able to be opened due to being corrupted, until the night before it was to be turned over to the judge. The District Attorney’s Office represented that it had been sent to the high-tech crimes unit in Sacramento and they could not open it. But the night before it was to be turned over officer Jon Evers of Modesto Police Department was able to open the drive to view its contents.
The thing in question now, being made by Attorney Hans, as he was the only one present for this motion, was a record that are contained within and what Jim Cook may or may not have used in his testimony report in his mapping. There apparently is some unrelated information on that including some police reports, among other things.
Marlisa Ferreira is agreeing to remove many of the files that are on the flash drive. In fact, she was removing them as they sat in court discussing them in agreeing to do so. There was a yahoo files section removed, some AT&T carrier keys removed.
Attorney Hahn says that not all records, and there are many, that are not admissible but there are others that are just simply not helpful at all and will confuse the jury. He says there are literally millions of records the jury would have to review and it simply would not be possible for them to do so. He stated that is one file alone that has a million pages of records. Those files would not be of any assistance to the jury at any time now, or in deliberations.
Marlisa Ferreira’s argued that the carrier keys and some of the records are offered as a business record, so is relevant to give a foundation to the expert’s opinion. Judge Zuniga also noted that this flash drive is already been admitted in evidence but noted it does not have to all be part of the record and can be preserved for any appellate reasons.
Attorney Hahn’s said it came in and stipulated to by all the defense attorneys and it was understood to not be used as it contained no other information that may not be relevant. They did not stipulate it was just submitted at the time is now asking the court to reconsider the evidence.
Judge Zuniga noted there is information that is incomprehensible and there’s no way a jury is going to understand what is in some of these records, she is noting that nothing shall be allowed that is outside of what he testified to and what is needed for that. She also noted there were some Praveen Singh records included on the flash drive but there was no testimony regarding Praveen Singh. Marlisa Ferreira advised the courts that information from Praveen Singh saying will be testifying to a phone number that is linked to Frank Carson.
Judge Zuniga noted she that she got the information in based on Jim Cook’s testimony not Praveen Singhs testimony and it was not part of the Jim Cook exhibit. Judge Zuniga asked if she would consider allowing it in for appellate purposes of need be but not go to the jury. Marlisa Ferreira said that she wanted in for future testimony regarding Praveen Singh. Judge Zuniga advised it is a Jim Cook exhibit not a Praveen Singh exhibit, but her record is preserved.
So they were going through the folders and she was deleting some that she had agreed to be deleted which included 2 search warrants for cricket wireless, another file which was some subscriber information that was never used, some voicemails that were never used, some call data records that were never used, some bill reports that were never used, some calls to certain destinations that were never used, some information in regard to Baljit Atwal and their claim of insurance fraud that was never used, another file with a large amount of call data records except for some says specific ones that were just noted by file numbers I have no idea what it they are.
She said the Jim Cook use has some of these records for devices in his testimony of connections and such.
Attorney Hans stated that some of the record show some GPS coordinates like longitude and latitude. It’s also noted in those records that the accuracy level is rated very low on those coordinates given. And if Jim Cook relied on that information it becomes a bigger problem. He said there is an accuracy level rating on each one and they all rate very low inaccuracy. Judge Zuniga said she noticed that, and she stated that it says it is an estimation and not precise information. There is no evidence in the record of him using these documents in his testimony, and she advises Marlisa Ferreira to give Jim Cook a call right now to see if he actually relied on that information.
So, we took a break and I had to keep leaving the courtroom because of my coughing fits and decided to leave because I was not getting all the information accurately and I think there were almost done anyway. They also have some pictures of the 2014 search warrant a pop and cork, I believe there mostly pictures of guns that the DA now wants to present to the jury because it sounds like they’re changing their theory. Since the expert Faye Springer testified that the bullet going through the jacket could have been anything from a 22 to a 45-caliber round, she wants all the guns in the pictures admitted in evidence to be submitted to the jury.
It sounds to me like Marlisa Ferreira doesn’t believe that 22 caliber round is now the murder bullet, as they have changed their theory several times already anyway.
HELP DAWGS BLOG