FRANK CARSON 12-4-2018……..

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

JENSEN

MORNING SESSION 12/04/2018

WEEK 32, DAY 109

Court began on time this morning at 9:12AM. We immediately went into discussion of a motion by Jai Gohel to allow the defense to go into the lies that have been repeatedly done by prosecution witness Victor Navar. He talks about a police interview of Mr. Navar where he repeatedly lied, and was caught doing so. Jai Gohel provided the complete transcript of this interview to Judge Zuniga. The interview was conducted by a Detective Martin, who caught Mr. Navar in the lies. Mr. Navar initially said that he was not involved in a robbery, but later admitted to Detective Martin that he was involved in a robbery. Jai Gohel states that Mr. Navar shot the gun that killed a victim in the robbery named Rodriguez. Mr. Navar admits that he touched the rifle that was used in the killing. Mr. Navar lied about dumping the body of one of his accomplices on the side of the road where he eventually died. Mr. Navar’s cousin told the police that Victor Navar had dumped his accomplice on the side of the road where he died. Jai Gohel states that this information is admissible under Proposition 8. Jai Gohel states that there is nobody that backs up Mr. Navar’s assertions that the Athwal brothers confessed to the murder of Korey Kauffman while he was housed with the Athwal brothers between October 3 and October 13 of 2014 after drinking pruno. Jai Gohel cites Harrison v Houston in his arguments. He states that this will not take an undue amount of time for him to go into these arguments.

Marlisa Ferreira argues that Mr. Navar is not a defendant in this case, but is a witness in this case. Judge Zuniga immediately tells her that she has argued this previously, and that she disagrees with her. Judge Zuniga cites the People v Miranda. Marlisa Ferreira argues that Jai Gohel is arguing these lies are multiple incidents, and that she sees them as being one incident. Marlisa Ferreira argues that they are not provable lies, and that Navar had two other people with him, and that one of the people died. She disputes Jai Gohel’s assertion that this could be done quickly. She states that she will be forced to call many witnesses to make her arguments. She states that Jai Gohel will not be able to show who shot first, and that Jai Gohel did not articulate the other evidence that he was going to use in his arguments. She states that Jai Gohel should be limited to arguments that involve the voluntary manslaughter charge that Victor Navar plead guilty to.

Judge Zuniga states that she is arguing about the undue consumption of time. She cites Justice Simon’s book once again. Judge Zuniga states that the evidence must be clear that Victor Navar lied. Now, Judge Zuniga starts telling Jai Gohel what she will allow. It appears that Jai Gohel is getting everything that he really wanted. Jai will be able to bring up that Mr. Navar had initially told Detective Martin that he had just asked for a ride, and later admitted that he was involved with the robbery. Jai will be able to show that Victor Navar had lied about planning the robbery at Tio’s house. Jai will be able to talk about the rifle that was used in the robbery, but will not be able to describe the rifle as being an assault weapon. Judge Zuniga starts talking about Mr. Navar stating that he had never touched the gun, but had later admitted that he had touched the gun. She states that this is part of the officer’s summary of what Navar had said. She states that she will have to get back to this later. It appears that Jai Gohel is willing to withdraw his request for this in his arguments. Judge Zuniga states that she disagrees with Marlisa Ferreira’s arguments that Jai Gohel can’t use Detective Martin’s interrogation of Victor Navar to show that Victor Navar lied. Judge Zuniga is not pleased that Marlisa Ferreira had made threats about having to call many witnesses if Jai Gohel is allowed to use the interrogation of Victor Navar to prove that he lied. She tells Marlisa Ferreira to do what she needs to do. Marlisa Ferreira denies that she intended to make threats concerning this issue. Judge Zuniga is anxious to get the jury up for testimony, so these arguments will continue at a later time. We now take a 20 minute break.

The jury is called up from the basement at 10:06AM, and former CHP Officer Eduardo Quintanar is called to the stand at 10:26AM. He testifies that he had worked as a CHP Officer for 10 years since September of 2002. He states that he met the Athwal brothers through his partner Walter Wells, and had known the Athwal brothers for about one and a half years in 2012. He worked out of the Merced County CHP Office which was located in Atwater. He states that his territory did not include Turlock, and that he lived in Modesto. Eduardo Quintanar states that he was friendly with the Athwal brothers and officers from the Turlock Police Department. Walter Wells was his CHP partner, and he had worked with Walter Wells as a substitute teacher. He considered Walter Wells as being his little brother.

Eduardo Quintanar testifies that he went to Pop N Cork Liquors to use the restroom facilities because it had a secured bathroom. He states that as an officer, he did not want to get caught with his pants down. He testifies that he was mandated to stay on his beat, but later says that he is allowed to go out of his normal area. He states that he would talk to the other officers that were at Pop N Cork Liquors. He testifies that he worked from 10:00AM to 10:30PM, with 30 minutes off for his lunch. He testifies that he also was allowed a 10 minute break during his work day. He states that he would often take his lunch and break at Pop N Cork Liquors, and would talk with either Daljit Atwal or Baljit Athwal at Pop N Cork when he was there. He states that he was at Pop N Cork Liquors one to two times per week. He testifies that he would go to Pop N Cork Liquors on his days off which were on Tuesdays or Wednesdays. He would go to Pop N Cork in the evenings on his days off. He states that he would pick up cases of water from Pop N Cork that was bought at Costco by the Athwal brothers for him. He states that when he was at Pop N Cork Liquors, he would talk with Daljit Atwal near the cash registers at the front of the store. He would also talk to the Athwals and other people in a room in the back of the store that was commonly called the drinking room. He states that he does not drink alcoholic beverages. He admits that Walter Wells and Scott McFarlane were friends, and would drink at Pop N Cork in the back room.

Eduardo Quintanar states that he was the OIC (Officer in Charge) when he worked with Scott McFarlane, and that they had worked together around 5 times. He was aware that Scott McFarlane lived on Johnson Street, and had been to his house one time. He states that he worked with Walter Wells on night shift for two years, and had been his OIC at least 50 times. Eduardo Quintanar states that Scott McFarlane would drink at Pop N Cork Liquors, and that Walter Wells would drink at Pop N Cork Liquors. When they were drinking, one of the Athwal brothers would usually be present. He admits that he had been on the side lot at Pop N Cork Liquors one time only, and had not seen BBQ’s on the side lot. He states that there was some talk about expanding Pop N Cork Liquors onto the side lot. He states that he was not on the side lot at any time in 2012. He admits that he was told by his superiors at the CHP to stop going to Pop N Cork Liquors in October of 2012. He states that officers from other agencies would be at Pop N Cork Liquors. This included a Merced County Sheriff named Tim Congalves (sp?), Turlock Police Officers Mark Alverde, Officer Ulrich, an officer named Dominic, and Officer Nate Urban. He did not recall an officer named Jesse. He did not recall an officer named Jason. He states that these officers would drink at Pop N Cork Liquors. He states that he attended BBQ’s at Pop N Cork Liquors that would be held behind the store, and not on the side lot. He did not attend parties at Pop N Cork Liquors, but admits to having a birthday cake at the store that Daljit Atwal had arranged. He states that he is closer to Daljit Atwal than to Baljit Athwal.

Eduardo Quintanar states that Baljit Athwal would work the cash register during the daytime, and that Daljit Atwal would work the cash register during the evenings. He states that he only saw Baljit Atwal at the store in the evening once or twice. He later states that he saw Baljit Athwal at the store around seven times during the night. He admits that he had left some guns at Pop N Cork Liquors. He states that he left a Remmington Model 870 shotgun, and a Glock Model 23 40 Caliber handgun at the store before July 15, 2012 for about two weeks. He states that he became aware that the store had been searched on July 15, 2012. He states that he was told by Scott McFarlane about the search of Pop N Cork. He denies making any phone calls concerning this, and does not remember if Daljit Atwal had called him. He denies leaving any other personal items at Pop N Cork Liquors. Eduardo Quintanar states that Scott McFarlane had a 270 caliber hunting rifle at Pop N Cork Liquors, but does not remember if he ever saw this gun. He states that he never saw Baljit Athwal or Daljit Atwal with that gun. He states that he is not aware of any other guns that Scott McFarlane had at Pop N Cork Liquors. He admits that he saw a 40 caliber Glock handgun at Pop N Cork Liquors that was kept under the counter near the cash registers by the wall. He states that he saw that the gun had a magazine in it, and that a round was chambered. He states that the handgun was always there, but he never saw the gun being used. He states that he saw a Barretta 32 caliber handgun that he said was Daljit Atwal’s. He states that he never saw Daljit Atwal with the gun on his person, but that Daljit Atwal had shown the gun to him. He states that the handgun was in a black nylon holster, and that Daljit Atwal had pulled it out to show him. Eduardo Quintanar states that he did not touch the gun, and did not know if that gun was loaded. It is now time for out morning break.

After the break, at 11:40AM, Marlisa Ferreira approaches with 7 photos. Eduardo Quintanar recognizes a picture of a Mossberg 590 shotgun, and a picture of an AR-15 that he had seen at Pop Cork Liquors. He states that he had seen them in the liquor room in the back of Pop N Cork Liquors. He states that the liquor room had a video surveillance system and a secure storage locker. He states that he does not know if the video system recorded what was shown on the monitors. He admits that he watched a tape before 07/15/2012. We have a side bar. He is shown People’s 442 which is a picture of the front of the store. He states that he does not recognize an item that is propped up in the corner of the store. He denies seeing a Ruger 10/22 22 caliber rifle at Pop N Cork Liquors. He admits to being at Baljit Athwal’s house, and states that he had not seen this rifle at Baljit’s house. He recognizes a Glock Model 22 handgun. He recognizes a picture of another Glock handgun, but does not know what caliber it is. He admits that a 2nd handgun was kept at Pop N Cork Liquors. He states that it was a Glock 27 40 caliber. He does not know where it was kept at the store. He states that he had seen this gun on Daljit Atwal’s person, and it was in a holster that was black leather. He states that he had seen this gun out of the holster under the counter by the cash registers. He states that he had been at the store when it was being closed. He describes how the Athwal brothers would close the store. They would activate the alarm, lock the side door, close a wrought iron safety door, and chain it closed. We are now done with the morning session. I will be there tomorrow morning.

Sincerely; William Thomas Jensen (Tom)

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