FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
MORNING SESSION 11/15/2018
WEEK 30, DAY 104
BY WILLIAM THOMAS JENSEN (TOM)
GOING NOWHERE AT A SNAIL’S PACE
We start out this morning at 9:40AM with Judge Zuniga calling for the jury to be brought up to the courtroom. Upon arrival, the jury is told to step out and stay by the elevator. I noticed this morning that DA Investigator Steve Jacobson was sitting next to Marlisa Ferreira instead of DA Investigator Kirk Bunch. It turns out that Kirk Bunch is having surgery today to repair some damage he sustained recently while competing in an athletic event.
Defense attorney Percy Martinez objects to Steve Jacobson being in the courtroom, because he is on the witness list, and is definitely going to be called to testify. Percy states that it is improper for any of the witnesses in this case to be in the courtroom when they are not testifying. Defense attorney Jai Gohel states that Kirk Bunch has been designated the investigating officer in this case. Marlisa Ferreira states that Kirk Bunch has a medical scenario and is having surgery today. She states that it is not a serious issue right now for Steve Jacobson to be in the courtroom at this time because she is starting out with a witness who is an Emergency Room Physician from Memorial Medical Center. Judge Zuniga seems to be irritated by this situation and suggests that Marlisa Ferreira needs to get another person from the DA’s Office to sit next to her. Marlisa Ferreira states that there is nobody available in the DA’s Office that could help her, and that she is working this case with no other help from any other attorneys. Percy Martinez states that the DA’s Office has plenty of people who could assist Marlisa Ferreira in the courtroom. Percy states that the defense expects that Robert Woody will be on the stand soon, and that the defense attorneys do not want Steve Jacobson in the courtroom when Robert Woody testifies. Jai Gohel states that Steve Jacobson is the witness handler in this case, and is biased. Jai states that Steve Jacobson states that Steve Jacobson is involved in a law suit (by Frank Carson.) Jai Gohel is so upset about this situation, that he tells Judge Zuniga that he wants to make a record of this in front of the jury. Judge Zuniga sternly warns Jai Gohel against doing so. Marlisa Ferreira states that she will use Detective Cory Brown for assistance in the courtroom when Robert Woody testifies.
Judge Zuniga states that DA Investigator Steve Jacobson is a very controversial witness in this case. Marlisa Ferreira states that she does not have anyone else who can assist her from the DA’s Office. Marlisa Ferreira states that she is going to have the E.R. physician on the stand, then Special Agent Michael Brodie, followed by Detective Jon Evers. These are the witnesses that are going to testify today. Judge Zuniga tells Marlisa Ferreira that she is excluding Steve Jacobson from the courtroom when Special Agent Brodie testifies, but he will be O.K. when Detective Jon Evers testifies. Judge Zuniga also bans Steve Jacobson from the courtroom for tomorrow, and the rest of the time that Kirk Bunch is unable to attend this trial.
We now have another issue to discuss before the jury can be brought back into the courtroom. Marlisa Ferreira wants to ask Special Agent Brodie about the questions that he asked Daljit Atwal during a polygraph examination. I was unaware or have forgotten that Daljit Atwal consented to a polygraph examination. This examination occurred on 03/03/2014. Judge Zuniga is concerned that she changed the wording of the questions to make it less obvious that a polygraph examination was done. She tells Marlisa Ferreira that she should have done this a long time ago, instead of at the last minute. Judge Zuniga tells Marlisa Ferreira that Detective Jon Evers did an interview of Daljit Atwal on that same day. She states that she has concerns about how the questions are going to come out in front of the jury, and how Special Agent Brodie answers the questions. Marlisa Ferreira tells judge Zuniga that she has not heard any legal objections from the defense attorneys on this matter. Judge Zuniga disagrees with this argument. Judge Zuniga helps Marlisa Ferreira craft the questions to make them less obvious, and the jury is called back to the courtroom.
At 10:07AM, the jury is back in the courtroom, and the People call Dr. Michael Berry to the stand. Marlisa Ferreira starts asking Dr. Berry questions to establish his education and expertise, and the defense attorneys immediately stipulate that they agree to his qualifications. Dr. Berry states that he has been an E.R. physician at Memorial Medical Center for 30 years. I remember doing Code Blue’s and CPR with this physician during the many years that I worked at Memorial Medical Center. Dr. Berry testifies that he was working on 11/07/2017 when Charlie O’Dell came in for treatment. Dr. Berry states that Mr. O’Dell came into the E.R. at 6:06PM on 11/07/2017. He found Mr. O’Dell to be alert, and exhibiting normal actions, and did not appear to be intoxicated. He states that Mr. O’Dell had bruising above his left eye brow, and did not have any likely skull fracture. Dr. Berry states that Mr. O’Dell had a black eye, and bruising to his face. Dr. Berry states that Mr. O’Dell told him that he was assaulted around 2:00PM that same day, and had been hit in the face with brass knuckles. Dr. Berry states that Mr. O’Dell was complaining of being dizzy, having a headache, and having trouble with blurry vision. Dr. Berry states that Mr. O’Dell told him that his pain level was 10 on a scale of 10. He states that Mr. O’Dell had told him that he had been out of prison for 62 days, and had been jumped 6 times since he had been released.
Dr. Berry testifies that he treated Mr. O’Dell with ice packs, and did a workup that included a CT Scan of the head and neck areas. The test results showed nothing acute, but he did note older fractures in the scan. He states that Charlie O’Dell had an older fracture of the nose, and an older fracture of the orbital bone around one of his eyes. He states that Charlie O’Dell had no tooth fractures. He states that Charlie O’Dell had a trace amount of blood in his urine that he described as being insignificant. He states that there was no evidence of any kidney damage. Dr. Berry states that Charlie O’Dell gave him no details of the assault. Percy Martinez asks Dr. Berry if he could tell if Mr. O’Dell was telling the truth. Dr. Berry states that it is hard for him to determine this with patients. Percy Martinez tries to get Dr. Berry to give his opinion of whether or not Mr. O’Dell had been hit with brass knuckles. Dr. Berry states that any blunt object could make the type of injuries that he saw on Charlie O’Dell. Dr. Berry states that he saw no cuts on Mr. O’Dell. Dr. Berry states that brass knuckles could result in cuts, or not result in cuts. Percy Martinez has no further questions at this time.
Defense attorney Jai Gohel gets Dr. Berry to state that Mr. O’Dell never mentioned he had been shot at, or stabbed by a midget, dwarf, or a little person. Jai Gohel gets Dr. Berry to admit that the word “Threat” was never written in his medical report. Jai Gohel gets Dr. Berry to admit that the phrase “Law Suit” was never written in his medical report. Marlisa Ferreira gets Dr. Berry to state that his findings were consistent with Charlie O’Dell’s medical history. Dr. Berry could not say how long Mr. O’Dell had been unconscious after the assault. Nothing concerning this was written in the medical report. None of the other attorneys had anything more to ask Dr. Berry, and he is allowed to step down from the stand. We now take a break until 11:20AM.
After the break, the People call Special Agent Brodie to the stand. Marlisa Ferreira is by herself at her table, because Steve Jacobson had been banned from the courtroom during his testimony. Special Agent Brodie admits that he worked during the search warrant of Pop N Cork Liquors. He states that he started working in this case in 2013. He testifies that he met at the DA’s Office in 2013 many times during 2013. He testifies that he also met at the Ceres Police Department, and the Turlock Police Department during 2013. He states that DA Investigator Kirk Bunch or Detective Cory Brown ran the meetings and gave the assignments.
Marlisa Ferreira now asks Special Agent Brodie the questions that concerned the polygraph given to Daljit Atwal. Special Agent Brodie states that the first question he asked was: “Do you suspect anyone in the killing of Korey Kauffman. Daljit Atwal answered “No” to this question. The second question he asked Daljit Atwal was: “Do you know anyone who was involved in the killing of Korey Kauffman.” Daljit Atwal answered “No” to this question. The third question that Special Agent Brodie asked Daljit Atwal was: “Were you involved in the killing of Korey Kauffman.” Daljit Atwal answered “No” to this question. Special Agent Brodie states that he asked this same question to Daljit Atwal two more times and got the same answer. The fourth question that he asked Daljit Atwal was: “Were you on Frank Carson’s property on the night that Korey Kauffman was killed?” Daljit Atwal answered “No” to that question. It was quite obvious to me that these questions were from a polygraph examination. I am sure the jury picked up on that as well.
Marlisa Ferreira now tries to ask Special Agent Brodie a question concerning there being a vendetta against Frank Carson in this investigation. After many tries, she is finally able to craft a question on this that survives the objections. Special Agent Brodie: “Absolutely not.” Defense attorney Hans Hjertonsson gets Special Agent Brodie to say that Daljit Atwal had denied any involvement in the killing of Korey Kauffman. Defense attorney Jai Gohel gets Special Agent Brodie to admit that he is good friends with DA Investigator Kirk Bunch. There are no further questions for Special Agent Brodie, and he is allowed to step down from the stand. We immediately go into a side bar, and eventually are sent out for our lunchtime break. I am not going to be able to be in the courtroom this afternoon, and Marty Carlson is sick today. I will be out of town tomorrow for my Grandson’s first birthday, and I don’t think that Marty Carlson will be able to attend. If there is anybody out there that can help us, please step forward. This is hard work, and we need some help at times. Please people, we need some help tomorrow.
Sincerely; William Thomas Jensen (Tom)