DAWGS BLOG PODCAST TRANSCRIBED 12-5-2018

TRANSCRIBED

Good evening everybody, this is Marty from Dawgs Blog with tonight’s podcast on December 5, 2018. Marlisa Ferreira is doing direct examination on Edward Quintanar, a former CHP officer that was initially arrested in this case and not held answer after the preliminary hearing. He has filed a lawsuit against Marlisa Ferreira personally, Kirk Bunch personally, Stanislaus County and probably the State, I believe. He’s been on the stand two days now. It is obviously not a direct examination, it’s a deposition. I have no other way to describe what is happening to Edward Quintanar right now. He is trying to get his job back. He has a hearing in February with the state personnel board and there’s been a gentleman in the back of the room, an attorney taking notes. He’s from the Civil Service Commission, from what I understand or the State Personnel Board. He is taking information down about Edward Quintanar testimony in this case. Marlisa Ferreira has not gone into very much information regarding Baljit and Daljit Atwal. He was friends with them. He didn’t know Frank Carson. She’s gone into very little with him in regard to some of the things they’re alleging he did and many of the arguments that she’s made to the court (when the jury’s not there) saying Edward Quintanar lied to investigators and Edward Quintanar is “lying on the stand”. So, he’s getting hammered by Marlisa Ferreira. It has been two days and she still on direct examination. This is a deposition, it is not a direct examination. Marlisa Ferreira is trying to cover her backside and trying to screw him out of getting his job back. That’s my opinion, take it for whatever it’s worth.

The afternoon session started almost on time. Daljit or Baljit (I forget which one) called him on Superbowl Sunday from a different number. Judge Zuniga ruled that that’s already in the record, but Marlisa Ferreira wants to keep bringing this up that there was a different number for one of the Athwals. So, she wants to keep bringing it up and keep bringing it up. The defense is starting to object all these things: it’s accumulative, taking up time, not relevant to the case at hand. She is trying to discredit Eddie Quintanar, plain and simple that’s all she trying to do. She also said there is no time reference for the statements in the calls and some of the things that Marlisa Ferreira is asking. She’s going after Eddie Quintanar but not being specific in her questions, which is typically how she does things. she’s not saying you know when? what call? what time? Nothing to keep it in reference.

The injury that Daljit Atwal had, Eddie Quintanar said that he was told that Daljit got working out with weights at the gym. It was an injury to his hand and apparently there was an injury somewhere else too. But the judge did say that Marlisa Ferreira is not putting it in a time frame. She not putting the injury that Scott McFarland referred to in a time frame. so, they don’t really know when it happened. Eddie Quintanar doesn’t recall when these things happened and he’s being honest and straightforward up there about it.

She also said there’s nothing keeping her from impeaching her own witness. She put Eddie Quintanar on the stand and immediately started impeaching him. She didn’t even give him a chance to say anything, she immediately went after him. The other thing she’s doing is defending Kirk Bunch because Eddie Quintanar said derogatory things towards Kirk Bunch to his face.

Marlisa Ferreira said she wants to play a wiretap or part of a wiretap as to the relationship between Atwals and Eddie Quintanar. The wiretap is about assisting the Atwals, talking about the trackers, which was mostly Daljit Atwal. Marlisa Ferreira made this claim out of the presence of the jury: that robbers don’t use trackers on potential victims. A law enforcement officer would not believe robbers would do that. This is in regards to Daljit Atwal said he closes down the store late at night, 1- 2 o’clock morning and he had somebody following him one night. He took a different route home and this car followed him. Come to find out later, it was Kirk Bunch and Frank Navarro. When they were asked about it, they lied about it, that’s what they do. So Daljit Athwal was concerned and so Eddie Quintanar was just talking to him about this stuff. Eddie Quintanar said he was just letting a friend vent.

She said they had a long conversation on the wiretaps in July 2012. This was already ruled on by Judge Zuniga in limine motions, but the judge cannot remember her rulings. They’re litigating it again. the judge ruled this wiretap would not be permitted and now they’re re-litigating it because the judge can’t remember. She’s letting Marlisa Ferreira re-argue the whole thing again.

Attorney Hans argued this July 9, 2012 wiretap is already been heard. He says it is being rehashed by Marlisa Ferreira. Are the DA calling experts on all robberies now? On activities robbers? Patterns and behaviors of robbers? because this is what Marlisa Ferreira is claiming in her arguments and or questions. The DA is throwing at Eddie Quintanar: “You’re a law enforcement officer, don’t you know?” and things like that. The DA is not being clear that is not law enforcement officers following, but it could be somebody else. I don’t know if this is a happened more than once, but Daljit Atwal had some concerns about being followed after he closed the store. The call conversation, Hans argued, indicated that he was concerned about somebody following him and robbing him late at night. He said the court had already ruled on this and it does not need to be re-litigated. The July 15, 2012 wiretap has been played on and that is sufficient to get the basic information across and it goes to improper character evidence.

Percy Martinez argued it’s an undue consumption of time that we’ve taken two days on Eddie Quintanar on just direct examination from Marlisa Ferreira. A home invasion is always a possibility and a concern to business owners like this that do a large cash business. Any store owner would be concerned. Daljit Atwal had asked Frank Navarro at one time if he was following them and Frank Navarro denied that they were following him. However, it was in fact Frank Navarro in the car that that night was following Daljit Atwal. Percy Martinez talked about a relationship with this Ted person, I believe he’s a Turlock police officer and going through some of the procedures of law enforcement and DAs going through the procedures with a Sheriff’s office. Eddie Quintanar was telling Daljit and this Ted guy (he may been Sheriff’s office) because he was advising on how to get his concealed carry permit. He told him that you just have to go through the procedures, there is no other way to do it. Percy Martinez said it’s extremely accumulative and it’s just is going on and on and on.

Marlisa Ferreira said that there’s more references in the call to this Ted gentleman. The calls are not that long, so it’s not that accumulative, these arguments are.

Judge Zuniga is not clear why the call needs to be played. Again, Judge Zuniga is not tracking with what everybody saying. Marlisa Ferreira wants to clarify that the phone call with Quintanar and to refresh the jury because she’s played these wiretaps before, but it was so long ago she’s concerned that the jury may not remember. It was five or six months ago. Marlisa Ferreira says that Eddie Quintanar has lied and needs more confrontation about those lies. He lied to investigators and so on. Unknown how Quintanar can forget so much? It’s been six years. She said that Quintanar is lying so much that the jury needs to hear this recording. This recording is two lines long because the judge has eliminated everything else in that wiretap.

Percy Martinez said that Marlisa Ferreira is already played this wiretap and it’s an undue consumption of time.

Judge Zuniga says let me rule. She didn’t let Percy Martinez finish his argument. Judge Zuniga said that Quintanar has been confronted. Basically, she will not get to play the whole wiretap again, but just those 2 lines in the recording. The July 9, 2012 where the permit talk is not relevant. she’s not going to allow that. This Ted Nichols can be argued to the jury, she says it can be argument, but is not relevant to what they’re doing right now. The trackers are circumstantial evidence and is up to the jury to decide if law enforcement’s or robbers are a fear to these people. It is relevant to Quintanar with helping with the trackers, is what Judge Zuniga said.

Attorney Hans, the after her ruling, said he wants a little more of it played if it’s going to be played. There are a couple more lines he wants played to give the other 2 lines context. The Judge says it is up to the DA to decide. (No, it’s up to the Judge to decide, but she lets the DA do whatever she wants). The DA is not going to add any more lines to it and the defense can play more of it when they go on redirect.

The jury was called up around the 2 o’clock. Marlisa Ferreira asked Eddie Quintanar: In 2012 did Daljit Atwal have an injury? Quintanar said yes, he’d hurt his hand lifting weights. Eddie Quintanar said this occurred prior to March 30, 2012. He did not recall telling investigators about the injury and also in regard to Scott McFarland saying the neighbors were a bunch of thieves and he wished they would move out. He was asked how Scott McFarlane’s demeanor was? Quintanar said he just wanted them to move out and seemed a little frustrated, but not extremely upset. The Pop and Cork conversations between Daljit Atwal, Scott McFarland, and Eddie Quintanar he had said something to Kirk Bunch about it. He told Kirk Bunch that Daljit Atwal had trust issues with Scott McFarland, because he thought there was somebody from law enforcement that was talking to law enforcement. This was prevalent after the July 15, 2012 search warrant. Daljit Atwal felt that Scott McFarland was working with law enforcement and Eddie Quintanar said well, Scott McFarland is law enforcement. She didn’t want to hear that. Daljit Atwal said Scott McFarland was law enforcement and was feeding information to law enforcement. He felt somebody was giving information on the Korey Kauffman case. She asked did Daljit Atwal say what information that was being fed to law enforcement?? Eddie Quintanar said no, he didn’t know. He said that both the Atwal brothers were keeping an eye on Scott McFarland. They were concerned that somebody was doing something. She asked Quintanar some questions about the report to that was written by Kirk Bunch and at that point he says he’d like to read a transcript of the recording because he didn’t want to read the report because I felt that he didn’t feel that it was accurate in reports. My experience in this case is that the recordings are different than the reports and the reports are different than the testimony. The transcript is really the best way to go. He did ask for a transcript and not the report.

Again, they were talking about Baljit and Daljit was he was telling Kirk Bunch in the interview on March 24, 2015, that they were distrustful of both Quintanar and Scott McFarland and they were keeping tabs on Scott McFarland, and my guess is they were keeping tabs on Quintanar too. They were talking about the trust issues that the Atwals had, if they expressed anything? He really didn’t recall if they said much about that. They did mention that they had some concerns. He never told Scott McFarland about their concerns and their suspicions. He never told anyone in law enforcement about their suspicions. He says he didn’t really believe it, so he probably didn’t tell law enforcement.

He said during that October 2012, Marlisa Ferreira called it an interview with the CHP, they were doing their own independent investigation, Eddie Quintanar said it wasn’t an interview, it was an interrogation. He was very clear about that. It was by CHP investigators and/or brass. He did not tell the CHP investigators about the suspicions by the brothers. He said he didn’t believe it, so he didn’t tell them. He was asked when he learned the information about those concerns. He says probably around September 2012, but again he wasn’t too sure. Asked if he told anybody in the CHP about those concerns? He did not recall. He did not recall if he told anyone. During this questioning too, there were multiple objections going throughout this thing. Jai Gohel asked to approach. Judge Zuniga very strongly told him no. So, he had an issue of some sort and the judge wasn’t interested in hearing it. This jewel is really the lotto for the DA’s office.

Quintanar said he did not feel that information about their suspicions was vital or suspicious. Marlisa Ferreira, smelling blood in the water, asked him isn’t at the mission the CHP to provide service and assistance with Allied agencies. She turned a corner on this and quit talking about the Atwals or any of any other defendants in this case and went directly at him. This is where it really turned in to a deposition and not direct examination. He was asked why he never provided information to anybody in law enforcement? He says I was never contacted, nobody ever asked me.

I tell you, smart people including police officers, if they don’t ask you don’t tell. That’s one thing you learn as a police officer if they don’t ask you don’t tell. Your life is a lot easier that way, but when it comes to things like that it’s turned into something negative by people like the District Attorney’s Office.

He said he didn’t know anything about the detectives that came to visit Quintanar. He says they were not detectives, and he kept insisting this, they were investigators. He thought they were private investigators and that is what he kept saying. He didn’t tell anyone about Daljit Atwal’s concern. She kept repeating this over and over again.

He was asked about Daljit Atwal being a suspect and talking about Frank Carson will defend him? He didn’t know anything about Frank Carson, he’s never met the man. Quintanar said that he just let Daljit Atwal vent and he let it go. He said that it didn’t mean anything to him, he was just talking to a friend and let him vent. Daljit Atwal didn’t say anything about the investigators visit again. Again, he’s under the impression that they are private investigators. He was reviewing transcripts again. He knew there was information regarding Daljit Atwal said about the guy Korey Kauffman, he didn’t tell anybody that there might be a relationship there with Korey Kauffman investigation. When I say relationship I mean the investigation of Korey Kauffman.

Marlisa Ferreira started going into chapter 14 of the CHP standards and codes. These are like general order manuals, some agencies call them that. Massive objections lit up the room. It was overruled, but Judge Zuniga wants to know where the DA is going. The jury was sent out the room and Quintanar was sent out the room 3:02 PM.

Marlisa Ferreira says there is a section 14 on being courteous to other law enforcement agencies. Quintanar made derogatory comments to and about Kirk Bunch and was very clear that Kirk Bunch was the DA investigator.

Jai Gohel said this is an effort to defray a civil lawsuit, if the DA continues the defense can go into what they know and what Quintanar knows personally about Kirk Bunch. This is a door that the DA may not want to open. There is no testimony in regard to this case at this point, they are talking about CHP and Eddie Quintanar and CHP general order manuals. She is going down a slippery slope and it is a massive waste of time like most of what she’s done. Jai Gohel was being very outspoken about it.

Percy Martinez says were going to be here a long time if we going to this line of questioning. He flat out said it. Going into Quintanar’s conduct with CHP is going to open up many, many doors. He requests that it is stopped and requested it stop now. CHP admin’s and their rules and regulations are not the issue of what’s going on with the Atwals or Frank Carson. This is not the issue and it is irrelevant.

Attorney Hans arguing it has already gone into CHP policies before, now going into the specifics of those policies. What’s next? Go down each policy one by one trying to see what he might’ve done wrong?

Marlisa Ferreira says this is a very important witness as a friend of the Atwals failed to give information to other agencies. Asked about those relationships and knowledge of other relationships between officers, she’s going into Quintanar’s own conduct. Again, that has nothing to do with the Atwals or Frank Carson. She’s trying to impeach Eddie Quintanar and like I said this is turning into a deposition, not a direct examination. She says now the defense will start slamming the officers, well that’s what she’s doing everybody else including the defendants because of personal political agendas, she said Edward Quintanar had an obligation to reveal this information. His reactions to law enforcement officers are that he’s pissed off. He did not want to talk to them. It was obvious, and he was pretty clear about that. He didn’t want to talk to them and actually he doesn’t have to. His participation with the Atwals is obstruction and goes the believability of the witness to the jury. Again, she put him up to discredit him, this is the only reason she put him up. Fortunately, Eddie Quintanar is working under an immunity agreement, but that doesn’t mean there not gaining information to investigate him further. She says everyone in this case gave Quintanar the respect that he deserved. There some things that I heard that was not respectful to Eddie Quintanar and his family. Kirk Bunch talked to his wife through a door talk about how they’re going to arrest Eddie Quintanar and take him to jail right in front of their little daughter that was standing right there. That’s not respect.

Judge Zuniga said is debatable that he was an innocent bystander, speaking of Quintanar. Jai Gohel mentioned in his argument too, that the attorney from the Civil Service Commission was there taking notes and monitoring everything. He’s taken a lot of notes by the way and monitoring everything that was going on, but that has nothing to do with her. Anybody can come to court, that’s true. She says she didn’t recognize anybody different from yesterday. Well, yeah, it’s the same guy. She has cautioned Marlisa Ferreira but said her questions have opened some doors. Marlisa Ferreira has a right to test his credibility and he was previously friends with Daljit Atwal. Quintanar has been very confused, she said this is one reason why she did not hold Quintanar to answer in the preliminary hearing because he was misled pretty bad, it sounded like by the union reps and Eddie Quintanar also went up the chain of command with the CHP. There was a recording or wiretaps that Eddie Quintanar had been calling his Sgt., he called the Lieut., I think he went up three levels. if I remember correctly. I sat through his preliminary hearing. Judge Zuniga said he was probably misled a little bit by his union representatives and that’s part of why he ended up there because they told him he didn’t have to talk if he didn’t want to. Judge Zuniga also noted that he was discourteous to Kirk Bunch and was very vulgar. Judge Zuniga does not like vulgarity. Judge Zuniga will hold that against you, if you are vulgar. She doesn’t like that kind of talk and I think she’s kind of a prude. She’s the type of person that will hold that against you. She said he had a habit of constant vulgarity and feels that it is a preventive strike by district attorney of the vindictive argument by defense. She’s justifying why Marlisa Ferreira is talking about Eddie Quintanar’s general order manuals at CHP and has nothing to do with these defendants. It’s already on record that he didn’t cooperate. Apparently, he was very concerned about his wandering into an investigation and violating some of the department rules. She said this witness has not attacked an officer personally, other than saying some things about Kirk Bunch. It is not relevant, and it is prejudicial. She’s not going to allow it.

The jury had gone out around 3:12 PM. They came back after we took a break at 3:54 PM. I was curious how this civil service commission attorney knew that Eddie Quintanar was going to be on the stand yesterday. He was here yesterday knowing full well Quintanar would be on the stand. Well, Kirk Bunch and this attorney, I don’t know his name, were in the hallway talking a bit and they came back into the courtroom together, after the break. I could hear them out there talking. For whatever that’s worth.

They played the audio of the July 9, 2012 wiretap that had been redacted. It was like two or three lines. I couldn’t really understand what was being said in the recording. Marlisa Ferreira asked Quintanar if on March 31, 2012 he receive a call from Daljit Atwal? He says I don’t know. You had Jim Cook, let him look it up. She said that investigators gave him the date of 3/30/2012 and he said when they said that in that interview on March 24, 2015, he was trying to figure out what he was doing, and he was kind of narrowing down to Walter Wells’ Dad’s funeral was around that time. The entire CHP office had gone to that funeral. He had to get daycare. He said his wife was working (she’s a teacher) so he had to get daycare for his child, so the funeral was during the week.

He was asked if he told Kirk Bunch that the Daljit Atwal’s injury was on March 2012. The wiretap was played again. I didn’t hear anything that she was trying to say, so I don’t know. It was very brief, and it was hard to understand, but he had mentioned to Daljit Atwal to check your car and look under the car with mirrors to check for trackers. He also told him to send 5-0 under there, which is Robert Woody. He was telling him to look for trackers, but he said he said that jokingly and she objected to that jokingly response. She asked him, did you tell to look for trackers? He said yes, I did, but it was a joke. She objected again. So, she forced him to say yes. She asked him as a law enforcement are you familiar with trackers? He said no, I’ve never been trained on trackers and am not familiar with them. So, she went in the how long he’s been a law enforcement officer? He has supervised others, which was 10 years at the time. He had supervised others and been officer in charge of the shift. He says I guess sometimes trackers are used, I really don’t know, I haven’t had any experience with them. Again, he says he was joking with Daljit Atwal and it was something that he saw in the movie that they were looking underneath the car for something with mirrors. During that same call she asked him if Daljit Athwal seemed paranoid? He said yes, he says that there was a lot more to the call. She objected.

This isn’t a search for truth. There is a certain agenda search to get the answers that she wants. The District Attorney’s Office obviously is not concerned about justice, they are concerned about putting feathers in their caps and Birgit Fladager already admitted that.

She asked him if it was his idea to check under the vehicle? He says he checked his vehicle every day. He doesn’t trust other people especially when he was in law enforcement. He did check his vehicle every day for anything suspicious and he jokingly said to have 5-0 go under the car. He was kidding when he said that.

At this point the jury was sent out at 4:10 PM. There’s no court in the morning. The judge has the personnel files from the Atty. Gen.’s office that she will be going through in the morning. The jury is back at 1:30 tomorrow afternoon and so there be no noon report tomorrow.

Don’t forget my PayPal button on the in bottom of each report. Donations been steady, I appreciate that.

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Remember, what I say: Don’t take my word for it, come to court and find out for yourself! Good night everybody!

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