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

JENSEN

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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