FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
AFTERNOON SESSION 12/06/2018
WEEK 32, DAY 111
ATTEMPTING TO MISLEAD THE JURY
Court was supposed to start out at 1:30PM, but Judge Zuniga was delayed in her chambers meeting with the State Attorney General. She is meeting with him to hash out what she can allow to be shown to the jury concerning the private personnel files of Scott McFarlane and other materials that were collected by the CHP. The courtroom was opened up for the spectators at 2:00PM. Judge Zuniga states that she had just gone through a huge amount of files, and will have to get together once again with the Attorney General to finish this work to make a record for appellate review. She is going to disclose an interview that was done on Kevin Pickett by CHP Sargent Domby, and someone with the last name of Hutsel. This interview of Kevin Pickett was done on 07/28/2015. She is also going to disclose a telephone call that was made between Brian and Robert Woody. Also being disclosed, is an interview that was done with Dawn Poma. This interview was done over the telephone. She is also disclosing a diagram that was prepared during the interview of someone named Jesse Lebeaux. I do not know anything about this person except that he is a law enforcement employee. The follow up meeting with the Attorney General is set for 9:30AM on December 20th.
The jury is called up by the Bailiff at 2:20PM, and arrives in the courtroom at 2:26PM. Eduardo Quintanar is seated on the stand at 2:26PM, and we are back to Marlisa Ferreira’s direct examination of the former CHP Officer. Marlisa Ferreira immediately begins hammering Mr. Quintanar with questions why Daljit Atwal and Baljit Athwal did not trust Scott McFarlane. Mr.Quintanar does not remember why they did not trust Scott McFarlane. She has him read a transcript. He denies saying in an interview that the Athwal brothers believed Scott McFarlane was an informant.
Marlisa Ferreira now starts asking Eduardo Quintanar about his testimony that he did not know anything about tracking devices. Mr. Quintanar denies ever being a part of STANCAT. This is a team in Stanislaus County that investigates automobile thefts. He states that he did patrol Hwy 99, and later patrolled Hwy 99 and Interstate 5. He testifies that he did have some contact with STANCAT, and that a CHP Officer was always assigned to STANCAT. He denies ever being trained by STANCAT in the use of trackers. He admits to having some conversations about tracking devices. He states that when he worked with STANCAT, he was used to transport car theft suspects that had been arrested. He testifies that he never heard “chatter” on the police radio about the use of tracking devices. He admits to hearing radio communications about pursuits, and had been involved in pursuits of car theft suspects. He testifies that he had never been called off from a pursuit because of a tracking device being in use. Marlisa Ferreira asks Eduardo Quintanar what he learned about tracking devices by his conversations about them. He states that he merely had asked about what was being carried in a box by one of the officers. He states that he was working on some reports, and an officer came into the room with something contained in a box.
Now we get into some real testy stuff folks. Marlisa Ferreira asks Eduardo Quintanar if he had a conversation with Daljit Atwal about Daljit Atwal being involved with a fight with Korey Kauffman. There are numerous objections to this question, and we immediately have a side bar. After the side bar, Marlisa asks Eduardo Quintanar if he had a conversation with Daljit Atwal about a fight where Daljit Atwal had a fight with Korey Kauffman where Korey Kauffman had been killed. Eduardo Quintanar: “No.” Marlisa Ferreira: “Did you have knowledge of that?” There is an objection to that question, and Judge Zuniga states that it is not relevant. Marlisa Ferreira asks Eduardo Quintanar what kind of vehicle that Baljit Athwal drove early in 2012. Mr. Quintanar states that Baljit Athwal drove a Chevy pickup, and is not aware of what happened to the pickup. He states that he is aware of Robin Attenhoffer, but never had a conversation with her. He denies having a conversation with Daljit Atwal about the Chevy pickup, and was not aware that Baljit Athwal was not driving the pickup truck after 2012. He states that he had seen Baljit Athwal driving Daljit Atwal’s blue BMW once or twice. He states that he can’t recall if the windows were tinted on the blue BMW, but then states that he remembers the back windows and the rear window being tinted.
Marlisa Ferreira asks Eduardo Quintanar what Pop N Cork Liquors did with the expired Costco milk that they sell at their store. He states that they would donate this milk, but does not know who the Athwal brothers would donate the milk to. He denies having a conversation with Baljit Athwal about Frank Carson. He states that he never had a conversation with Scott McFarlane about the Athwal brothers suspecting him being an informant. He testifies that he stopped going to Pop N Cork Liquors because he was a law enforcement official, and things were “Scary” after Pop N Cork Liquors had been searched. He states that he does not remember if he had a conversation with Baljit Athwal and Daljit Atwal on 07/15/2012 about them asserting their rights against self-incrimination. Marlisa Ferreira shows Eduardo Quintanar some transcripts. At this point, Alonzo Gradford, who is Mr. Quintanar’s attorney, requests some time to speak to his client. They exit the courtroom to a small room where they can speak. After they return to the courtroom, Alonzo Gradford and Kirk Bunch go to the same room to speak.
After these two conversations were done, Marlisa Ferreira tells Eduardo Quintanar how he had testified yesterday that he did not know until after the 07/15/2012 search warrants had been served on Pop N Cork Liquors, about what was going on. He admits to having a telephone call with Daljit Atwal where Daljit said something like: “Remember like what I told you.” This question was objected to, and Judge Zuniga tells Marlisa Ferreira that she is leading with her question. Marlisa Ferreira then asks Mr. Quintanar if Daljit Atwal discussed with him what was going on in that telephone call. Eduardo Quintanar: “No.” Marlisa Ferreira asks Mr. Quintanar how he responded to what Daljit Atwal had said to him in that telephone call. Eduardo Quintanar states that he answered by saying: “Yea.” Marlisa Ferreira asks Mr. Quintanar what Daljit Atwal said later in the phone call. Mr. Quintanar can’t remember, and is refreshed with some transcripts. He states Daljit Atwal said something like: “Mother Fucker think we involved somebody missing.” Marlisa Ferreira asks Eduardo Quintanar how he responded to this statement by Daljit Atwal. Eduardo Quintantar states he said: “Right.” Eduardo Quintanar states that he still does not know what happened. He admits to being told about the same thing on 07/12/2012. He states that Daljit Atwal told him that he had gone to the Sheriff’s Deparment on 07/15/2012. He admits that he asked Daljit Atwal if he had a lawyer. Marlisa Ferreira pounces on this, and asks Eduardo Quintanar why he asked Daljit Atwal if he had a lawyer. Mr. Quintanar states that Daljit Atwal has rights, and that he was concerned about his rights. He admits to asking Daljit Atwal if the investigators had read him his Miranda Rights. He states that Daljit Atwal asked him: “What Fuck they want?” He states that he then said: “Huh?” Marlisa Ferreira asks him why he said that. Eduardo Quintanar states that he was trying to figure things out. Marlisa Ferreira: “Were you conducting your own investigation?” Eduardo Quintanar: “No.” This question was objected to, and the objection was sustained. Marlisa Ferreira: “Were you trying to help Daljit Atwal?” Eduardo Quintanar: “Yes.” Marlisa Ferreira then tries to ask Eduardo Quintanar about the CHP Code of Honor. There is immediately an objection, and Judge Zuniga tells her to move on to another topic. The jury is sent down to the basement, because Judge Zuniga anticipates that there will be long arguments. Eduardo Quintanar is asked to stop down from the stand, and leave the courtroom.
We now go into a side bar. Alonzo Gradford is allowed to participate in the side bar. After the side bar, Alonzo Gradford goes out to the hallway to speak with his client. Marlisa Ferreira argues that the reason why her question is relevant is because Eduardo Quintanar tells no one about what he knew until after he was arrested. She speaks about all the scenarios that he had gained knowledge about, and yet he tells no one. She states that Eduardo Quintanar was in possession of knowledge for over a year, yet told no one. She speaks about a conversation that was had between Daljit Atwal and Walter Wells where Daljit Atwal told Walter Wells about a fight that he had with Korey Kauffman where Korey Kauffman was killed. She states that this goes directly to the credibility of Eduardo Quintanar. She states that Eduardo Quintanar is trying to make the jury believe that he is a good guy doing his job. Judge Zuniga reminds Marlisa Ferreira that Eduardo Quintanar has denied on the stand that he was told about this. She questions Marlisa Ferreira about what question she could ask that would change this fact. Marlisa Ferreira tells the judge that she will once again ask the same question. She states that the question is not offered for hearsay. She states that if Eduardo Quintanar says “yes” to the question, she will ask him if he told anyone about it. She states that if Eduardo Quintanar says “No” to the question, she will impeach him. She will then ask Eduardo Quintanar if he had told Detective Navarro about this.
Marlisa Ferreira has judge Zuniga read this report. Defense Attorney Hans Hjertonsson tells Judge Zuniga that it is clear in the report that Walter Wells explains that this scenario is only a theory that was believed by the investigators, and is so very misleading. Hans states that Marlisa Ferreira has no good faith basis for asking this question, and is therefore once again committing misconduct. He calls what she is trying to do improper. Jai Gohel agrees what Walter Wells had said was referring to a theory that the investigators had in this case, and also calls it misleading. He agrees that Marlisa Ferreira has once again committed misconduct. Hans Hjertonsson wants the jury to be instructed on this issue. Judge Zuniga states that questions are not evidence, and it amount to nothing. She states that the attorneys should only be concerned when she rules that misconduct has occurred. She then tells Marlisa Ferreira that she has already found in an earlier ruling that she had committed misconduct. She tells the attorneys that they can file complaints to the Attorney General about misconduct in this case. I hope Judge Zuniga files a complaint of misconduct with the Attorney General about the misconduct that she found that was committed by Marlisa Ferreira. I think she is legally bound to report this misconduct. Judge Zuniga now states that her clerk needs a break.
It is 3:43PM when we get back into the courtroom after the break. The jury is still in the basement. Eduardo Quintanar is still outside of the courtroom. Marlisa Ferreira speaks about how Eduardo Quintanar’s story had changed after he had spoken to his lawyer Alonzo Gradford. She states that he began speaking about it being a theory after speaking with his lawyer. She calls this deceitful, and starts pounding her table. Judge Zuniga seems annoyed by this, and tells her to stop pounding her table. Marlisa Ferreira states that it is not misconduct if she has a basis for her question. She complains that the jury is being influenced by the defense lawyers saying misconduct under their breath. Judge Zuniga has the jury sent up so that they can be sent home for the day. Judge Zuniga speaks about Walter Wells being on for Friday at 9:00AM. This is going to have to be rescheduled, because we are nowhere near done with Eduardo Quintanar. Marlisa Ferreira is still on direct examination, and the defense has to do their cross examination. Percy Martinez speaks about some witnesses that they have that need to be rescheduled. Judge Zuniga wants the jury to be in at 10:00AM. We then go into some more scheduling issues. I will not go into these, because they never happen as planned.
Defense attorney Hans Hjertonsson states that Marlisa Ferreira has changed her argument now, and what she is trying to do is triple hearsay. He states that the purpose of what she is trying to do is to mislead the jury. Judge Zuniga states that Marlisa Ferreira’s question segways into a fight between Daljit Atwal and Korey Kauffman, where Korey Kauffman dies. She states that this is just a theory, and that she discovered this after reading the report for the second time during our break. She once again asks Marlisa Ferreira how she is going to impeach Eduardo Quintanar if he answers “No” to her question. She states that she is going to exercise her 352 powers, and states that the question is prejudicial. Judge Zuniga sustains the defense objection. We are now done for the day. Sometimes Marlisa, you just don’t get what you want.
Sincerely; William Thomas Jensen (Tom)
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