FRANK CARSON ET AL 12-11-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION 12/11/2018

BY WILLIAM THOMAS JENSEN (TOM)

DEFENSE FINALLY GETS ITS TURN

 

Once again, court was delayed on a Tuesday morning because Judge Zuniga was late to court. Court was supposed to start out at 9:00AM, and we started out at 9:39AM. Judge Zuniga, and a speedy trial, reside in a different universe. The jury is immediately brought into the courtroom, and former CHP Officer Eduardo Quintanar is brought to the stand. Marlisa Ferreira once again continues her relentless direct examination of Mr. Quintanar. She has literally peppered him with over a thousand questions during the last week of testimony. Before the morning was over, she finally says: “No further questions.” The defense finally gets their turn. I don’t think Marlisa Ferreira has made any fans with the members of the jury. She has merely postponed her eventual defeat in this travesty of justice.

Marlisa Ferreira starts out by asking Mr. Quintanar if he knows a CHP Officer named Angel Fuentes. Eduardo Quintanar states that he worked with him out of the Merced CHP Office. It is brought out that Kirk Bunch had tried to contact Mr. Quintanar between June of 2014 and March of 2015, and had been unsuccessful. During this time period, Eduardo Quintanar has previously testified that he was on vacation, but had texted CHP Officer Fuentes, and he admits to doing so on the stand. He states that CHP Officer is his friend. In the text message, Mr. Quintanar admits to telling CHP Officer Fuentes that Kirk Bunch had come to his door while he was at work. He had to be refreshed before remembering this text message. Eduardo Quintanar admits to telling CHP Officer Fuentes that he said: “I played it cool.” He admits to knowing that Kirk Bunch had gone to Scott McFarlane’s house on Sunday of that same week. He states that he found this out from Mark Frost, who was his Union Representative. Eduardo Quintanar states that he described the DA’s Office as: “Ass Hats.” He testifies that he told CHP Officer Fuentes that he would not answer his door unless his Sargent was present, and said: “Fuck Em.” He states that he told CHP Fuentes: “No search warrant means don’t answer the door.” Eduardo Quintanar states that if the investigators came to his door, he would stick the barrel of a gun out with a Go Pro on it. This was followed by a LOL in his text message to CHP Officer Fuentes. It is clear that he was making a joke in his text message. He denies being involved with the disappearance of a missing person. He admits that when he was being questioned by Sargent Domby and CHP Office Hutsel that they were questioning him on the wiretaps. He admits that he told Daljit Atwal how to look for tracking devices on his car. He admits that he said: “Kirk Bunch must think that I provided road blocks to derail their investigation.” He does not remember why he said that.

Eduardo Quintanar states he told CHP Officer Fuentes that it is not his fault that Daljit Atwal and Baljit Athwal know their rights. He also admits to stating to Fuentes that: “It all comes down to what you can prove in court.” Marlisa Ferreira asks Mr. Quintanar if he was willing to help Kirk Bunch, and he states that he was told by his superiors to not cooperate. He states that a whole line of his superiors had told him not to cooperate. He lists Sargent O’Neal, Lieutenant Bannister, and Captain Troxell as telling him not to cooperate. He states that Lieutenant Frost told him to follow the department policy, and to cooperate. Eduardo Quintanar admits that CHP Officer Hutsel asked him if he was providing service to the Athwal Brothers. He had to be refreshed with the transcripts before remembering this. He states that he was doing this as a friend for the Athwal Brothers. He admits that he was on duty when he gave that help to the Athwal Brothers. He admits to walking out of that interview on the advice of his attorney Alonzo Gradford. A miracle now happens. Marlisa Ferreira has no further questions.

Defense attorney Percy Martinez takes over on cross examination. Eduardo Quintanar testifies that Kirk Bunch had threatened him with being arrested for murder. He denies ever working for Frank Carson. Mr. Quintanar states that CHP Officers would buy the service revolver of recently retired CHP Officers, and would present them on a plaque to them after retirement. He states that these revolvers would never be given to civilians. He states that a “Squad Club” would do this for retired CHP Officers. Eduardo Quintanar states that he told his Union Representative Mark Frost that a DA Investigator was harassing him and his family, and had tried to get him fired. He told Mark Frost that the DA Investigator came to his house while he was at work, and had talked trash to his wife. He states that his children had heard what was said by the DA Investigator. Eduardo Quintanar states that he talked to his wife, and had called his Sargent about the situation. He states that he told CHP Officer Fuentes that he would not open his door unless his Sargent was present, and that “I have a plan.” Eduardo Quintanar now denies being involved with the missing person. He states that an officer is required to protect the rights of the accused.

Defense attorney Hans Hjertonsson takes over on cross examination. Hans goes over how Eduardo Quintanr had texted his friend Fuentes about how the DA Investigator had come to his house while he was at work and talked trash to his wife and his kids. Eduardo Quintanar admits that Kirk Bunch had said: “Your husband has lied to me, and I am going to arrest him.” He states that his child heard this. He states that Kirk Bunch and Detective Jon Evers were the ones that came to his door. Hans asks Eduardo Quintanar why he wanted his Sargent to come over and help. Mr. Quintanar states that he was upset because the DA Investigator had caused a scene, and had made untrue accusations. He admits that Kirk Bunch had said that he had information, and that he had told Bunch that he did not know anything. Eduardo Quintanar admits to knowing Daljit Atwal better than Baljit Athwal. He admits to being presented with a birthday cake at Pop N Cork Liquors in early April, but is not sure what year that was. He states that he had known Daljit Atwal for about 1 ½ years. Eduardo Quintanar describes the “Secure Closet” in the back room at Pop N Cork Liquors. He states that it had a thick door with a couple of padlocks on it. He denies that it had a closed circuit television system in it. He states that it had alcohol in it, and some firearms in it. He states that he saw a gun with a holster inside of Pop N Cork Liquors. Eduardo Quintanar is now asked questions about a concealed weapons permit. He states that it is theoretically legal for a person to have a holstered gun in plain sight while outside of a house or a business. He states that it is legal to have a concealed gun while in a home or a business. Hans Hjertonsson now asks Mr. Quintanar the difference between an interrogation and an interview. He states that during an interrogation, the answers are forced. He states that on 03/20/2015, while being interviewed by Kirk Bunch, that he answered all the questions, and did not walk out. Mr. Quintanar admits that Marlisa Ferreira had asked him a question concerning
Scott McFarlane telling him about his neighbors. Hans Hjertonsson starts talking about how Scott McFarlane had spoken about having some “Tweekers” next door. This immediately gets objected to by Marlisa Ferreira, and the objection is sustained. Alonzo Gradford now is allowed to speak to his client Eduardo Quintanar in a private room. This did not take very long, and Eduardo Quintanar is back on the stand. Hans Hjertonsson now gets Mr. Quintanar to state that on 03/24/2015 he spoke to Kirk Bunch and had told him that Scott McFarlane had told him that he had thieves next door. Hans gets Mr. Quintanar to admit that Kirk Bunch had told him that Scott McFarlane had made statements concerning their theories, and that he does not recall Daljit Atwal saying anything about the guys that were involved. Mr. Quintanar admits that he told Sargent Domby that he was referring to what Scott McFarlane had said rather that what he had heard from Daljit Atwal. Hans Hjertonsson gets Mr. Quintanar to state that Sargent Domby, on 9/02/2015 had told him that Scott McFarlane had told him about having thieves and people who used drugs next door, and that he had told Sargent Domby that he did not know any names of these people. He states that Scott McFarlane had said he lived next door to bad people. Eduardo Quintanar does not remember if this meeting with Sargent Domby was at the CHP Office or at Pop N Cork Liquors.

Hans Hjertonsson now asks Eduardo Quintanar about the one video that he had watched while at Pop N Cork Liquors. He describes the video as showing an altercation at Pop N Cork Liquors that was both inside the store, and outside of the store. He describes an individual with a little girl crying. He states that a Hispanic man had harassed an off duty officer at Pop N Cork Liquors, and the little girl was the officer’s daughter. He states that Daljit Atwal did not throw a punch, but the Hispanic man threw a punch at Baljit Athwal. He states that Robert Woody then moved in to assist. Eduardo Quintanar did not notice a difference in the surveillance system at Pop N Cork Liquors after the search warrants were served. Hans was trying to show how the system had to be replaced after the search warrants. The old system was destroyed during the search warrant. Hans Hjertonsson now asks Mr. Quintanar about how Marlisa Ferreira had asked him about a 07/15/2012 conversation with Daljit Atwal concerning Scott McFarlane being an informant. Hans asks Mr. Quintanar if Daljit Atwal had said that Scott McFarlane is just trying to get us in trouble. Eduardo Quintanar does not remember this, and has to be refreshed. After being refreshed with the transcripts, he remembers this. Eduardo Quintanar states that Daljit Atwal had said that he did not know anything about the Korey Kauffman situation. Eduardo Quintanar admits that sometimes people lie to law enforcement. Hans talks about how Daljit Atwal had been questioned on 07/15/2012 for five to six hours, and how he had said that he had no involvement with the Korey Kauffman situation. It is now 11:20AM, and the jury is sent out of the courtroom. Eduardo Quintanar is asked to step out of the courtroom.

Marlisa Ferreira starts talking about how it is the People’s theory that Eduardo Quintanar had lied to the police, and had obstructed justice, and had been an accessory to murder in this case. Judge Zuniga states that the jury must decide if this is true. We now hear some arguments about how the defense attorneys want to show how Pop N Cork Liquors had been severely damaged during the search warrants being served. Hans Hjertonsson argues that Marlisa Ferreira has made numerous statements which caused Daljt Atwal to be upset. He talks about how the search warrant had destroyed the surveillance system at the store, and had to be replaced, and how Eduardo Quintanar did not remember this. Jai Gohel states that Eduardo Quintanr’s attitude and demeanor are relevant. He states that Kirk Bunch had threatened him with arrest for murder, and that he was eventually arrested. He states that the investigators had taken buccal (DNA) swabs from Mr. Quintanar. He talks about how Mr. Quintanar had received letters informing him that he had been wire tapped, and had been interrogated by the CHP. He speaks about the evidence code 780, and how the defense should be allowed to tell the jury that Eduardo Quintanar had been arrested, and charged in this case, and how he is suing Marlisa Ferreira, Stanislaus County, Kirk Bunch, and Detective Frank Navarro. It is curious that Judge Zuniga did not know anything about this. Jai Gohel states that Eduardo Quintanar is afraid of Kirk Bunch after being told that he was going to be arrested for murder. Jai Gohel states that the defense did not call Mr. Quintanar as a witness. Hans Hjertonsson joins in this argument.

Percy Martinez argues that Eduardo Quintanar has been forced to hire an attorney and defend himself for 18 months to 2 years fighting these charges. He states that this has affected his demeanor and attitude towards the investigators, and all of this is covered under evidence code 780. He talks about the law suit that is pending, and how this should not be hidden from the jury.

Marlisa Ferreira argues that the court has already ruled that this information will not be presented to the jury, and is therefore misconduct by the defense. She states that the fact that Eduardo
Quintanar was arrested has no value because he was arrested after he conducted all the interviews. She states that Eduardo Quintanar doesn’t know what is important, and what is important. She states that the law suit was filed much later than the interviews, and therefore is irrelevant. She states that lawsuits are strictly hearsay, and that Eduardo Quintanar had earlier turned down an opportunity to join in with a law suit.

Jai Gohel states that Marlisa Ferreira doesn’t address his demeanor on the stand. He states that Mr. Quintanar is afraid of Kirk Bunch after being threatened with being charged with murder. He states that Eduardo Quintanar was eventually charged, and that the defense must explain to the jury why he was buccal swabbed. He states that the defense must be able to rehabilitate the witness.

Percy Martinez states that evidence code 780 talks about the credibility of a witness, and how during his testimony he has developed an attitude that is the result of false accusations. He talks about how he had to hire an attorney, and how all of this goes to his demeanor on the stand. He calls all of this facts that the defense needs to get in front of the jury. Hans Hjertonsson submits on this argument.

Judge Zuniga states that the jury must evaluate Eduardo Quintanar’s credibility. She calls this paramount. She states that Mr. Quintanar has been questioned on the stand about his vulgar statements. Judge Zuniga: “This man has immunity now.” She states that using his attitude doesn’t track, and is not relevant. The only thing she will allow the defense to use is the fact that Eduardo Quintanar is afraid of Kirk Bunch. She states that the rest of the stuff is more prejudicial than relevant. She instructs the Bailiff to call the jury back up to the courtroom.

It is now 11:48AM, and the jury and Eduardo Quintanar are back. Hans Hjertonsson talks about how Bunch and Evers had said during an interview what their theory on the case was, and how Mr. Quintanar had said that he did not know anything about this. Hans states that Eduardo Quintanar had said that he did not know Michael Cooley and had learned about him while reading the newspaper. Eduardo Quintanar states that he never heard Daljit Atwal say anything about catching thieves on the Carson property. Hans Hjertonsson now asks Mr. Quintanar about the three wiretapped telephone calls that Marlisa
Ferreira had asked him about. He talks about the call that concerned the tracking devices, and how Eduardo Quintanar had been convinced that someone was trying to rob Daljit Atwal, and how he did not know that the police were following Daljit Atwal. He points out how Eduardo Quintanar had said: “He’s trying to rob you dude.” He states that he did not know the person following Daljit Atwal was the law. Hans Hjertonsson now talks about the second call on 07/12/2012 where Daljit Atwal had stated that he did not know anything, and was just trying to run a liquor store, and was forced to waste 2-3 hours talking to the investigators. Hans now speaks about the third call on the evening of 07/15/2015 after the search warrants were served where Daljit Atwal had said that he had just been interviewed for 5-6 hours at the Sheriff’s Department. Hans points out how Eduardo Quintanar had asked Daljit Atwal if he had gotten a lawyer, and if he had been read his rights, and how Daljit Atwal had answered: “Huh?” Hans Hjertonsson states that Daljit Atwal obviously did not understand what he was asked by Eduardo Quintanar. Hans now states that Daljit Atwal said: “No I don’t see sign anything.” We are now done with the morning session. I will be back tomorrow morning for more of this travesty of justice.

Sincerely; William Thomas Jensen (Tom)

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