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.

pickett“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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