FRANK CARSON ET AL 12-05-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION 12/05/2018

WEEK 32, DAY 110

BY WILLIAM THOMAS JENSEN (TOM)

TESTIMONY IRRELEVANT TO THE OUTCOME

Court started out on time this morning. We immediately go into arguments by the attorneys concerning Marlisa Ferreira’s request to use a wiretapped call between Daljit Atwal and Eduardo Quintanar. She states that she wants to use this wiretapped call to show the relationship between Mr. Quintanar and an officer named Ted Nichols to speed up his CCW permit process. Marlisa Ferreira also wants to use the call to show that Mr. Quintanar gave advice for the detection of tracking devices, had guns at Pop N Cork Liquors, and to impeach his credibility. Judge Zuniga seems OK with all of these reasons except the guns at Pop N Cork Liquors. She states that it is no longer an issue, and has already been brought out in the trial that guns were kept at the store. Percy Martinez states that the wiretapped call is irrelevant. Hans Hjertonsson agrees that it is irrelevant, and states that the call’s probative value is outweighed by the prejudicial impact. He states that there is no evidence that Baljit Athwal or Daljit Atwal were aware that it was law enforcement that was following them. He states that the tracking advice would be prejudicial. He states that Eduardo Quintanar stated: “Someone is following you dude.” He states that Mr. Quintanar stated: “He is trying to rob you dude.” Jai Gohel states there is a foundational problem with this call. He states that Mr. Quintanar believes some civilian is trying to rob him and place a tracker on his car.

Judge Zuniga scolds Marlisa Ferreira for continually bringing up these sort of issues in the morning, and delaying the jury being brought up to the courtroom for testimony. She tells Ms. Ferreira that she should have contacted Ms. Christianson who is on call 24/7. She tells Ms. Ferreira to send this information to someone named Brandy the night before so that the judge can look at it before the morning session.

I believe that Marlisa Ferreira is asking all these questions to Mr. Quintanar because he is suing Stanislaus County, along with Georgia DeFelippo, and Christina DeFelippo. Present in the courtroom yesterday, and today, is a lawyer from the State Personnel board. I heard that from someone who apparently knows this. I think they are trying to get as much as they can from Eduardo Quintanar to help their case. These hundreds of questions that were asked have no impact on the outcome of this case, and seem to be irrelevant. It is time consuming, and are just another example of why this case seems to have no end in sight. Judge Zuniga instructs the Bailiff to call for the jury, and Eduardo Quintanar is brought to the stand at 9:25AM.

Marlisa Ferreira continues her direct examination of Mr. Quintanar. She gets Mr. Quintantar to state that he knows that the video recorder that he watched in the “Bar Room” did indeed record what was seen on the monitors. Mr. Quintanar states that he knows this because he was shown a video recording while he was at the front of the store. He states that he was shown this recorded video by Daljit Atwal. He was not aware how many hours of recordings that the system is capable of doing, or how long the recording were preserved. He denies seeing any stored tapes of recordings at the store. Mr. Quintanar is not sure if he watched this video recording before or after 03/30/2012. After several questions, he states that it was about 6 months prior to the search warrants being served on Pop N Cork Liquors on 07/15/2012. He states that Robert Woody and Daljit Atwal were present with him when the tape was played, and it was played during the daytime. He states that the tape was shown to him to show him an altercation that occurred at the store. Marlisa Ferreira asks him who was involved in the altercation, and we immediately have a side bar.

After the side bar, Marlisa Ferreira asks Mr. Quintanar what Robert Woody did while he was working at the store. He states that Robert Woody did stocking of the shelves. He states that he is not aware how Robert Woody was paid. He states that it was more than 20 times that he was at the store with Robert Woody. Mr. Quintanar states that Robert Woody would sometimes come into the “Bar Room,” but would not drink alcoholic beverages while there. He states that Robert Woody’s girlfriend Robin Attenhoffer would be present sometimes. Mr. Quintanar states that Daljit Atwal would treat Robert Woody with respect, and was Daljit’s “Workout” partner. Mr. Quintanar states that Daljit Atwal would jokingly call Robert Woody names, and would get mad at him sometimes for being late for their work outs at the gym. Mr. Quintanar states that Daljit Atwal and Robert Woody would work out at the gym before he showed up around 2:00PM. He states that he had given Robert Woody a police hat. He denies talking to Daljit Atwal about Robert Woody being crazy. He states that Baljit Athwal was never mad at Robert Woody. He admits that Daljit Atwal and Baljit Athwal had told him to not have a relationship with Robert Woody because a search warrant had been served on the store. He admits to seeing Robert Woody at the store after the search warrant had been served. He admits to going to Pop N Cork Liquors around ten times after the search warrant was served on 07/15/2012. He is aware that Robert Woody had his teeth fixed, and that he was told about this by both Baljit Athwal and Daljit Atwal. He states that they both told him that they paid for the dental treatments while he was at the store. He states that he saw Robert Woody at the store around 5 times after his teeth had been fixed. He could not remember talking to Daljit Atwal about Detectives coming to Pop N Cork Liquors. He now admits to talking to Daljit Atwal on 07/12/2012 about Detectives talking to him. He now adds that later on in the interview he said the Detectives were Private Investigators. He is shown a transcript of the 07/12/2012 interview. He is allowed to read the first 7 lines only. He states that this does not refresh his memory. Marlisa Ferreira wants to play the recording of the interview. The jury is sent out of the courtroom. Jai Gohel states that Marlisa Ferreira has no good faith basis for asking him the question about the Detectives who were actually Private Investigators. Marlisa Ferreira had asked Eduardo Quintanar if he knew whether or not Robert Woody still worked at Pop N Cork Liquors. Jai Gohel states that Eduardo Quintanar knows that Robert Woody is in custody, and is once again committing misconduct. He tells Judge Zuniga for her to have Marlisa Ferreira tell her why she asked this question.

Marlisa Ferreira states that things do not work that way, and that not having a good faith basis is not a legal basis for an objection. She states that Mr. Quintanar admits that he has been at the store more than 5 times under oath since 07/15/2015 when the search warrants were served. Jai Gohel once again states that it is misconduct, and that misconduct is not a rule of evidence. Marlisa Ferreira makes a strange sound, and Judge Zuniga states: “Don’t sigh at me.” Marlisa Ferreira states: “I know he knows, he was aware of the investigation, and that Robert Woody was the focus of the investigation. Marlisa: “He tells Daljit Atwal to get rid of Robert Woody because he is a liability.” Marlisa Ferreira: “So that is my good faith basis.” Judge Zuniga: “It is just not turning out.” I ask Marty Carlson when the jury stepped out, and he tells me it was 10:01AM. Judge Zuniga states that there is no foundation for the question, and tells Marlisa Ferreira that she needs to ask it in another fashion. She tells Marlisa Ferreira that she needs to have Mr. Quintanar listen to the tape. Hans Hjertonsson states that Mr. Quintanar watched an altercation on a video while an off duty officer was present at the store. He states that Daljit Atwal, Baljit Athwal, and another unknown individual were involved in the altercation. Judge Zuniga wants Mr. Quintanar to be brought in for him to listen to the tape. I note that at this time Frank Carson has to stand up because his back is once again acting up. Eduardo Quintanar is brought back to the stand at 10:18AM, and is allowed to listen to the tape. He is done listening to the tape at 10:22AM. He is asked what he saw when he watched the video. He states that he watched an altercation that started in the front of the store, and continued to the parking lot near some palm trees. He states that he saw Robert Woody standing to the right side, and a person who was asked to leave the store taking a swing at Daljit Atwal. He states that Daljtit Atwal moved away from the punch, and Robert Woody rushed in and hits the person multiple times. Hans Hjertonsson gets Mr. Quintanar to state that this was the only video that he watched at Pop N Cork Liquors. Mr. Quintanar states that the person was taken away, and that the Turlock Police Department was contacted, and were on the way to the store. Marlisa Ferreira asks Judge Zuniga if she can ask about this in front of the jury to clean it up. Judge Zuniga: “Yes.” Eduardo Quintanar is now asked to step down from the stand. Hans Hjertonsson states that the last question is not relevant, and that he does not know if there are any records of the Turlock Police Department going to Pop N Cork Liquors over this incident. He states that Ms. Ferreira has still not provided a good faith basis for going into this. Marlisa Ferreira states that a Norteno gang member got into an altercation with an officer that was present in the store, and that Mr. Quintanar is describing a different incident than the Korey Kauffman/Scott Rollins incident. She states that Eduardo Quintanar’s credibility and lack of memory are relevant now, and that Mr. Quintanar did not stay for the police to arrive at the store. She states that a police officer would have stayed at the store until the local police arrived. She states that Mr. Quintanar’s answers are suspect, and she is trying to establish a pattern of conduct by Mr. Quintanar where he is promoting his friends. Hans Hjertonsson states that Mr.Quintanar was outside of his “Beat.” He states that Mr. Quintanar’s witnessing of an incident that was outside of his “Beat” is irrelevant. Judge Zuniga states that it is indeed relevant whether or not he is being truthful. We now take a break until 10:50AM.

At 11:00AM, with the jury present, Eduardo Quintanar is asked if he listened to the tape of the call between himself and Daljit Atwal. He says he has done so. Eduardo Quintanar once again states that he said it was Private Investigators at the latter part of the call. He admits to calling them names. He states that he saw an altercation between Daljit Atwal, Robert Woody, and an unknown person. He states that Daljit Atwal was involved, but did not hit the unknown person. He states that he did not recognize the person in the video. He states that he did not contact the police, but that Daljit Atwal had told him that the police were on the way to the store. He states that he did not stay at the store for the police to arrive because he had an emergency call that he had to respond to. He states that the Turlock Police could have contacted him. Mr. Quintanar is asked why he was shown the video, and he states that they just showed him an altercation. Mr. Quintanar is asked about his obligations concerning this incident, and he states that it happened outside of his jurisdiction, and that the Turlock Police Department has the first responsibility. He states that his obligation would to be a witness, and that the Turlock Police Department could have contacted him. He states that he was never contacted by the Turlock Police Department.

Eduardo Quintanar is asked about the last time he spoke to Daljit Atwal, and he states that it was at the end of October in 2012. He then states that he was given a call by Daljit Atwal on Super Bowl Sunday, but does not remember the year. Later, he is able to say it was probably in 2014. He states that Daljit Atwal asked him how he was doing, and that he told Daljit Atwal that he was told not to speak to him by his superiors in the CHP. Mr. Quintanar did not recall what he spoke about with Daljit Atwal at the end of October in 2012. He states that after the search warrant had been served at Pop N Cork Liquors, he stayed away from the store, but returned around September. I am not sure what year he was speaking about. He states that he talked about returning some money that he apparently owed the Athwal brothers. Mr. Quintanar states that he was shown the search warrant, and that the purpose was looking for a body of a missing person. He does not recall seeing any charges, but was aware that it was a murder case. Mr.Quintanar states that he was served with a letter that informed him that he was captured with a wiretap. This is what has been commonly called a “Love Letter.” I assume some of us in the audience will one day receive such a letter. He states that he never went in to listen to what was captured in the wiretaps.

Eduardo Quintanar does not recognize a phone number that Marlisa Ferreira gives him. She is trying to show that the Athwal brothers changed their phone numbers after the search warrants were served. He remembers Daljit Atwal telling him: “He think we know something.” He admits telling Daljit Atwal not to tell the person anything. He admits to saying: “He don’t need to know that brother.” He states that on 07/12/2012 that he did not know anything about the missing person case, and was still trying to figure things out. Mr. Quintanar admits that Daljit Atwal told him about the missing person, but that he did not know the name of the person during this phone call. He states that he did not see the flyer at Pop N Cork on Korey Kauffman, or the donation box that was present. He was aware that Frank Carson had represented Robert Woody in a criminal matter in 2012, and that Daljit Atwal had told him that they had to get Frank Carson to represent him. He states that it was a stolen property case, and Robert Woody’s brother was involved. He denies talking to Robert Woody on the phone. Mr. Quintanar states that he told Walter Wells he should stay away from Pop N Cork Liquors after the search warrants were served on 07/15/2012. He states that he was given order by the CHP on 10/24/2012 to stay away from Pop N Cork Liquors. He says he told Walter Wells because as a senior officer, it is his responsibility to take care of his partner. He denies that the Athwal brothers were trying to get him to join in on a lawsuit against Stanislaus County. He states that he was contacted about this by Walter Wells, and that he told Walter Wells that he did not want to get involved with this.

Mr. Quintanar states that he told Kirk Bunch on 03/24/2015 that he had broken all communication with the Athwal brothers after the search warrants were served on Pop N Cork Liquors. He states that he later remembered that he had been at Pop N Cork over 5 times. He states that he was trying to remember things that happened. He admits that he had said something to Kirk Bunch that was not true on 03/24/2015. It is now 11:47AM, and the jury is sent out for their lunchtime break. Eduardo Quintanar is taken out of the courtroom.

Marlisa Ferreira states that she is trying to show that the Athwal brothers had changed their phone numbers after the search warrants. She speaks about Eduardo Quintanar’s contacts with the Athwal brothers in 2014 during the Super Bowl Sunday. She speaks about Daljit Atwal having a head injury, and a hand injury around the time that Korey Kauffman disappeared. She speaks about how Daljit Atwal had said that he injured himself while lifting weights, but had told Scott McFarlane a different story. She talks about how people had said that the Athwal brother had a significant change in behavior after the search warrants had been served. Hans Hjertonsson argues that there is no foundation about the Athwal brothers changing their phone numbers, and that there is no relevance to the hand and head injuries, because the time that these occurred is unknown. Hans states that Robert Woody had stated on the stand that there were no injuries. He states that this is misleading, and is not relevant. Jai Gohel states that the change in the phone numbers is already in the record, and that this is 352. He states that the time of the injury is unknown, and that Daljit Atwal lifts weights. Marlisa argues about the two different stories about the injuries that were told by Daljit Atwal. We are now out of time for the morning session. I could not believe how many questions Marlisa Ferreira could ask in such a short amount of time.

Sincerely; William Thomas Jensen (Tom)

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DAWGS BLOG PODCAST TRANSCRIBED 12-4-2018

Good Evening everybody this is Marty from Dawg’s Blog. I still have a little bit of a cough, but doing much better now. I thank you for all your support.

Before I get into this afternoon’s testimony with Eddie Quintanar, I wanted to read a comment that was left on the Dawg’s Blog notification page on Facebook.

Kevin Pickett made a comment. It was a very respectful comment. He wants to talk about these defendants aren’t the victims…let me read it and you can decide for yourself.

“Would you please tell the positive things or at least give my son as a human the fact there is a possibility that the people could be responsible for the murder of my son you come off one sided in this case my son is the victim not pop n cork the brothers or any one else in this unsolvable case I see your side of certain things but just get tired of the one side of your opinion on this case all i want is the people to pay for the crime . You or any one else can not tell me that all this bill s…t and the district attorney’s office and police department and all the witness they have had can be not involved in my son’s murder and these defendants all all top notch people of society and it’s not far to my son . Thank you . Kevin pickett”

Now I did write a response and I said, “Kevin, I report what is said in court and that is it. If you do not like it, quit reading the blog and quit listening to the podcast.”

Now Kevin, I want to talk to you man-to-man. I understand your passion. I understand that you lost somebody close to you. The information that I put out is what it is. The DA has done a very poor job in this case. They never did in this case what they were supposed to do. No one from the DA’s office did. They are doing a poor job in the courtroom. I want you to understand this: you aren’t going to get justice for Korey in this case. I want to apologize personally for that, even though there is nothing I can do about it. It was poorly done, the investigation was poorly run. It was run, in my opinion, with an agenda. This is not about justice for Korey Kauffman and it should be. If Korey was actually a victim of a homicide, he deserves justice, I don’t care who he was. I agree with you on that. The problem is the way this investigation was done, they don’t even have a cause of death.

To be honest with you, you Kevin Pickett probably know more about this than anyone else because you lived with him, you knew the problems that were involved with hanging out with the people he hung out with, like Michael Cooley and people like that. What I put out, it is what it is. What Tom puts out, it is what it is. We are entitled to our opinion, just as you are. You can come on and express yourself anytime you want as long as you are respectful, just like you were. I will post anything you write, if that is what you want to do. I make this offer to everyone, if you have a problem with what we are writing and you don’t like it. Come to court and write a report about what you see in court. Do an honest report and no matter what you say, I’ll post it on my website. If you don’t like what we’re doing, step up and come do it yourself. That’s what you should be doing, if you don’t like what I’m doing and I promise you, I will put your reports up on my site.

Kevin, I talked to you a little bit at court one day. I respect you. You seem like a pretty straightforward guy. So, it is what it is. This case sucks and there is no reason for the preliminary hearing to go 18 months. It was a joke. There’s no reason for this trial to still be going on right now, because this thing should have been over 1-2 months ago. They were estimating 5-6 months and we are now in our 8th month. The DA is still putting on her case 8 months later. (I’m talking about opening arguments. The trial actually started when they began jury selection in January.) I wanted to address you directly, because I appreciate what you and the whole family might be going thru. It’s got to be tough.

If anybody has any comments they want to make, come to Facebook and make a comment on Dawg’s Blog notifications or Dawg’s Blog Facebook page.

The jury came up at 1:39 PM. Judge was on the bench at 1:40. Marlisa Ferreira was still doing direct on Eddie Quintanar. She was asking him about Scott McFarland’s weapons that he may have had at Pop n Cork. He says he was aware of a hunting rifle, thinks it was a 270 caliber rifle. He didn’t recall talking about any other guns with Scott McFarland. He never discussed a 22 caliber rifle. Apparently, there was a Ruger 22 caliber rifle that somebody had. I’m not sure if it was McFarland or Atwal or both. He never saw a 22 caliber rifle or ammunition at the Pop n Cork. In regards to the 32 caliber he said Daljit Atwal had, he said it was semi-automatic pistol. He saw it earlier, but he’s not sure when. It was in a holster, but not on Daljit Atwal’s body. He didn’t know if Daljit Atwal carried the 32 caliber or if he carried more than one at a time. He could carry one on a belt holster and one on an ankle holster. He did have an ankle holster for a 9 mm. He did see the ankle holster in the store around Jan 2012. He didn’t know if Daljit Atwal was working with the ankle holster. Again, he wasn’t sure for which weapon the holster was for. He did see the Glock 27 in an ankle holster, he didn’t know if it was the same holster. The Glock 27 is a 40 caliber, Daljit Atwal did carry it sometimes in an ankle holster. He was not aware of anybody carrying a gun on the hip or belt along with carrying a gun in an ankle holster, carrying two guns at once. Baljit Atwal was never seen carrying or holding the 32 caliber.

He was asked if on March 31, 2012, he got a call from Daljit Atwal. Eddie Quintanar did not recall. He was asked how long the call lengths were when he had conversations with Daljit Atwal. He said on average, probably 10-15 min. Marlisa Ferreira then asked him, if the 13 min call is a lengthy call. He said no that was an average call.

He couldn’t recall when he first knew about the missing person case. Much of this information came when he was being interviewed by Jon Evers and Kirk Bunch in 2015. He knew when Walter Wells’ father was dying. He was asked if Walter Wells went to Pop n Cork prior to his father dying. He said no.

He was asked if he talked about being at Pop n Cork, asking Walter Wells if he was at Pop n Cork? He said no. Apparently, this was a conversation he was having at the CHP office.

He was asked if he had a long conversation with Walter Wells after the search warrant. He didn’t recall.

Marlisa Ferreira asked him if he told Law Enforcement about a long conversation that he had with Walter Wells. He said he didn’t recall and wasn’t sure what he told them.

Did he discuss that Bobby and D were being investigated. He said yes they did have a conversation at the CHP office one day when they were working. He wasn’t 100% sure on these dates. Remember this was 6 years ago. He did say it was after the search warrant.

Asked if he talked to Daljit Atwal about the investigation and the Detectives coming to Pop n Cork? Marlisa Ferreira actually asked him if it was the Detectives that came and talked to him. He said Daljit said it was investigators. So there was distinction there.

Eddie Quintanar never knew Korey Kauffman and never saw him prior to him going missing. He learned that Korey Kauffman was missing thru Scott McFarland. Scott McFarland said that Korey Kauffman was his neighbor.

There were many objections at this point, Judge Zuniga again in front of the jury, admonishes Marlisa Ferreira for leading questions. She told her to stop doing it. The Judge has repeatedly had to do this in front of the jury.

The interview with Kirk Bunch and Jon Evers on March 24, 2015, she asked if he told Kirk Bunch that Scott McFarland that his neighbors were all a bunch of thieves. Eddie Quintanar clarified that: he didn’t say one thief, he said a bunch of thieves. Marlisa Ferreira was trying to narrow it down to Korey Kauffman, but he said they were all thieves. He doesn’t recall if that was prior to March 30, 2012. He was shown the transcript of the interview and Eddie Quintanar had a funny look on his face, it appeared to me that he was thinking that’s not what he said. He wanted to listen to the recording itself.

They sent the jury out at 2:20 PM. There were two transcripts of the interview. One by the DA’s office that was 172 pages and on by the CHP office that was 130 pages. There were a total of 2 interviews. One was with Kirk Bunch and Jon Evers and once was by CHP Investigators. Eddie Quintanar did listen to part of the interview during the break.

The jury came back at 3:13 PM. The jury was out from 2:20 PM – 3:13 PM, for a total of 53 minutes. Marlisa was back on direct of Eddie Quintanar. Eddie Quintanar had listened to the interview and said it did refresh his memory. He said when he was talking to Kirk Bunch and Jon Evers he was sort of speculating at the time, trying to feel it out and fill in the gaps when Scott McFarland said was he said about his neighbors. Remember that was at least 6 years ago. He made some statements, but they are probably speculation. He said yes, that is what I said and then went on the clarify that it was probably speculation. Marlisa Ferreira objected to the last part as non-responsive. He repeatedly said that on some of these questions, that he was speculating. The DA kept objecting and moving to strike the latter part of the sentence. Marlisa Ferreira asked if Scott McFarland, Daljit Athwal and Eddie Quintanar and maybe Walter Wells were part of that conversation? He wasn’t sure about Walter Wells. He really wasn’t sure when the conversation happened and if it happened at Pop n Cork or not.

Scott McFarland said thieves lived next door and wished they would move out. She asked him if anyone talked about Mike Cooley. He said it never came up. He heard Frank Carson’s name in regard to the Robert Woody case, but wasn’t sure who he heard it from. It might have been Robert Woody himself. He says it may have been around 2010 when he heard Frank Carson’s name. Robert Woody said Frank Carson represented him and then he said it might have been 2011. He refreshed with transcripts again. The Investigators did tell Eddie Quintanar the date Korey Kauffman went missing.

The defense was objecting to this and Judge Zuniga kept telling them to hold on. She didn’t even listen to their objections. The DA kept asking the dates of the homicide, this and that and finally they had to go to a sidebar. Apparently, this is what I learned later on by Judge Zuniga’s statements, she advised Marlisa Ferreira not to use those dates. Because those dates are in question and it is up to the jury to decide. If there was a homicide is in question and up to the jury to decide.

They came back from the sidebar. Marlisa Ferreira turned around and immediately asked about the homicide date of 3/30/12. This led to more objections. Jai Gohel kept saying he had a motion to make. The Judge kept telling him wait, hold on.

Eddie Quintanar was refreshing with the transcript. There was a CHP investigators interview on September 2015. He said that Scott McFarland told more than one person about the neighbors. He said it happened at work and it probably happened at Pop n Cork too. Marlisa Ferreira asked him if he was working on March 28, 2012. He said he wasn’t sure, but didn’t think so. March 29? March 30? March 31? He said no to all of those. She then brought out his timesheets and went back to March 27 and he was not working any of those days. March 27 – March 31, 2012 he was on vacation and had regular days off.

She started asking about the Kirk Bunch/Jon Evers interview and said they asked about the homicide. The jury was finally sent out at 3:47 PM for the day because they had to deal with this issue.

Marlisa Ferreira keeps using those dates and the term “homicide”, when she has been told not to and turns around and does it again.

Jai Gohel had a motion. He said the DA in a sidebar was ordered to stay away from the homicide talk. He asked for a mistrial. The court has warned her not to do that and she continues to use the phrase “homicide” and use the dates and other things like that. She was told not to do either and continues immediately to do it again.

Percy Martinez argued Marlisa Ferreira repeatedly used the homicide term after being told not to do it in a sidebar. Kirk Bunch is trying to feed information to the witness in this interview and Marlisa Ferreira is trying to put that information from Kirk Bunch to the Jury. Percy Martinez says that is misconduct.

Marlisa Ferreira argued she used the 3/30/12 date and the transcript words. (She is very good at doing things like this – doing exactly what she’s told not to do and then works her way out of it.) She said she was just reading Kirk Bunch’s words in the transcripts and he was asking about the before and after of the homicide. She said that Eddie Quintanar said he didn’t know Korey Kauffman, but Marlisa Ferreira said he was lying to the officers. So she’s accusing Eddie Quintanar of lying to the officers in this interview and also lying on the stand right now. Asking about the homicide is not misconduct and is not what they were talking about in the sidebar, just now.

The Judge got that squishy look on her face when Marlisa Ferreira said that.

Attorney Hans argued the question itself states facts. The DA is trying to get into the jury with the term murder. She’s trying to say it enough times, so it becomes true. The way she was asking, says Attorney Hans, is improper.

Percy Martinez argued what was important was 3/30/2012 date, the DA concluding was a homicide on 3/30/2012. She was reading Kirk Bunch’s statements and questions to the witness, but said that is how she is getting to the jury. The objections were sustained when she did that and then she continued to do that. She was reading information and statements from Kirk Bunch, not Eddie Quintanar. It is unknown if it is a homicide. She cannot repeat Kirk Bunch’s statement.

When they say it is unknown that it is a homicide, it means they don’t know why Korey Kauffman died. There were not enough of his remains to make a determination of cause of death.

Marlisa Ferreira argued she didn’t use 3/30/12. She can ask questions that she wants and the response was she will prove that Eddie Quintanar was lying. She said she can impeach him with his own words. (Those weren’t his words, those were Kirk Bunch’s words).

Hans Hjertonsson said just because a question was asked, doesn’t mean it was okay that it was asked.

Jai Gohel said Marlisa Ferreira has repeatedly used the homicide term over and over again. There is no cause of death. There is no pathologist testifying on what Korey Kauffman died of or anything along that line. He also mentioned that in 25 years as an attorney he’s never seen anything like this type of representation. (Marlisa Ferreira says the same thing about all the defense attorneys too).

Marlisa Ferreira said the body was buried at Pop n Cork where it was dumped after being shot. Eddie Quintanar says he doesn’t know anything about this guy and he is lying and then the body was moved to the mountains. She says everything is argument and not misconduct. She can ask what was said during the interview. The dragging out of this case, that the defense keeps contending, is due to the defense constantly asking for a mistrial.

Jai Gohel and Marlisa Ferreira were going back and forth with each other on this. He said he was asking for a mistrial with prejudice, so 3 innocent people could go home. He said the DA’s office is trying to wear down the jury to get a mistrial.

Finally, Judge Zuniga looks at them and asks, “Are you guys done?” She says the record reflects that Marlisa Ferreira did ask what the investigators said and did give the date and the homicide term. The investigators kept referring to that particular date and she kept reading it. She was told not to read that date and she kept saying the March 30, 2012 date, right after she had a sidebar where she was told not to. She told Marlisa Ferreira she could put it in a timeline, because Eddie Quintanar was having trouble remembering. So Judge Zuniga, who has turned out to be a jewel for the DA’s office, because there is no downside for Marlisa Ferreira doing the things she does. The Judge constantly chastises her, but continues to let her say things she shouldn’t say. Judge Zuniga says Marlisa Ferreira asked about 3/30/12 date again, she said it was asked by investigators, but the objection was sustained, Marlisa Ferreira asked it again and the objection was sustained. This went on a couple three times throughout the questioning. She asked Eddie Quintanar if he knew anything about the homicide?

Judge Zuniga said something interesting at this point. She said there is sufficient evidence that something happened to Korey Kauffman, but it took a long, long time for the DA’s office to get it out in open court. It is a question of “who did it?” Judge Zuniga is obviously convinced there’s been a homicide? That’s fine, there is some evidence of the bullet holes in the jacket, but no evidence with the remains. Judge Zuniga also noted that the relevance of the question is what the witness was saying, not the officers and that is the point she was trying to get across the Marlisa Ferreira. She said there is much of confusion in the record of what actually happened is not real clear. It is open to interpretation. It is up to the jury. So the date and the term “homicide” are not to be used. She chastised Marlisa Ferreira again. She told her not to use that date and then she immediately went and used the date. The last question she asked was the investigators talking to Eddie Quintanar wanting to know about the homicide. So the DA did ask proper questions after that.

The point is she didn’t ask proper questions at the time and that is the objection and the Judge would even let the defense attorneys get the objections out. She loves to let people make their record, but she wouldn’t even let them get their objections out. Marlisa Ferreira asking those questions is not a mistrial issue, but it should not be done. She also said there is no excuse for Marlisa Ferreira’s behavior. (But the Judge does absolutely nothing about it) She said motion denied.

That was the end of the day. It was 4:20 PM. Jury is coming back at 9:00 tomorrow. Thursday is a half day, the jury is not there in the morning. I think she’s going over the personnel files with the Attorney General.

Remember I have the PayPal button at the bottom of each post. You can donate in $5 increments. Donations have been steady, I appreciate it. Remember my sponsors, Doug Mainer, Attorney at Law on 15th and J at the Old Mason Building and Merced Tile Supply, he has some new stuff over there. both will take care you needs. They are really good guys, both of them. So check them out. That’s all I got. Remember what I said don’t take my word for it come to court and find out for yourself. Good night everybody

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