FRANK CARSON ET AL 12-13-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION 12/13/2018

BY WILLIAM THOMAS JENSEN (TOM)

AND ON THE THIRD DAY, HE ROSE AGAIN

Note: From yesterday’s morning session.

 

I am writing this blog a day late, because a miracle happened yesterday. Our 13 year old black and white cat Moo reappeared in his heated bed in the garage. He had been gone almost three days, and we were convinced he was dead somewhere in the garage. I took him to the vet in the afternoon, and it seems he has more problems than just asthma. The vet heard a soft heart murmur, and he might be suffering from congestive heart failure. We are testing him on prednisone right now. If that works, it is asthma. If it doesn’t work, it is CHF, and he will need different medications. Our time together is precious, and I will take every day as a gift. Thank You Jesus!

This morning, I believe Marlisa Ferreira made a terrible tactical error. She has done several of these during her case in chief. She played a body wire recording made by a man with the last name of Atala. Mr. Atala had been secretly recording Frank Carson for an extended period of time. The recording was done at Frank Carson’s Law Office, and there were other Indian gentlemen present during the recorded conversation. The tape recording was very clear. For the life of me, I could not hear anything that would point any guilt towards Frank Carson, or any of the other defendants in this case. To the contrary, Frank Carson was merely giving some sound legal advice to these people. Over and over again, he would tell them that they did not have to speak to the police, but if they did, they should always tell the truth. Frank Carson had a few choice words about the investigators in this case, but most of us in the audience believe he was spot on with his comments. This recording revealed a lot of facts that had been hidden from the jury, and opened up some big areas for the defense. I think Marlisa Ferreira did yet another stupid thing. Stupid is as stupid does they say.

When I entered the courtroom, the jury and the witness were still out of the courtroom. At 10:30AM, Marlisa Ferreira was arguing about another tape recording that she wants to play that involves Praveen Singh. Judge Zuniga states that she is trying to set Praveen Singh up for impeachment before he has testified. She states that this is improper, and she will not let Marlisa Ferreira do this. She states that this tape recording may be played after Praveen Singh testifies, if he answers questions in a way that would open him up for impeachment.

At 10:50AM, the jury is allowed into the courtroom, and Mr. Atala is put on the stand. Marlisa Ferreira gets Mr. Atala to testify that Frank Carson was trying to stop the investigation. He admits to recording Fraank Carson between June 13th and October 13th. I am not sure what year they were talking about. I am thinking it was probably 2014. He states that he made two recordings at Frank Carson’s Law Office, and one time at Praveen Singh’s house. I think this recording at Praveen Singh’s house was the recording that was argued about when I entered the courtroom this morning. Mr. Atala states that he went to Praveen Singh’s house concerning a picture of Korey Kauffman that was on one of the flyers concerning the missing person case. He thinks this was done on a Saturday. He states that he thinks that Praveen Singh, and his girlfriend were there, and that Frank Carson showed up about an hour later. He states that Frank Carson did not talk about the Korey Kauffman case, and that the meeting took place in the garage. He states that Frank Carson was handed the flyer, and said: “Oh.” He states the flyer had a picture of Korey Kauffman on it. He states that the flyer said that Korey Kauffman was missing, and had a telephone number on it to call if anyone had any information. Frank Carson made a comment about: “That Fucking Bunch.” When told about a Mexican investigator, Frank Carson said: “That’s Navaro.” Mr.Atala states that Frank Carson’s demeanor changed when he mentioned Kirk Bunch, and that he seemed to be mad. He states that Frank Carson and Praveen Singh talked, and that Frank Carson had said something about somebody going in his back yard and stealing things. He states that Frank Carson told him that it was up to you if you want to talk to the police, and that he did not do anything.

Marlisa Ferreira now plays the recording, marked as the People’s 734. It was at Frank Carson’s Law Office, and Frank Carson tells a person that he had never represented him. Frank starts out by telling the person that it is fine if he wants to talk to the police, but if he does talk, he should always tell the truth. Frank Carson tells the person that the secret is to not do anything wrong with dealing with the police. Frank Carson states that the police are after him, and that he is suing them. He states that the police will try to find anything that you have done that is illegal. He once again states that it is important to always tell them the truth. Frank Carson states that the DA Investigators are not really the cops, that they work for the DA’s Office, and are part of a gang task force. He states that they also go after enemies. This is so true. In addition to Frank Carson, I can state that they went after Bob Holloway of Road Dog Cycles, Former Mayor of Modesto Carmen Sabatino, and A.J. Pontillo the Bail Bondsman. None of these cases ended up with a conviction, but all the defendants spent most of their life savings defending themselves. All of them, with the exception of Bob Holloway were defended by Frank Carson. Frank Carson states that the investigators think that he is a: “Rat Bastard.” He states that he is suing on behalf of the “Punjabi’s.” Frank Carson states that: “I guess that I am like the white Devil.” Frank Carson states: “If you don’t talk to the police, you are probably better off.” One of the gentlemen asks Frank Carson what he should do if he is handcuffed. Frank tells him not to fight with the police. Frank Carson states: “If you say one thing, they write down another thing.” Frank Carson: “Who’s the liar?” He tells the gentleman to never speak to the police alone, and tells him that the police can lie to him. He tells the gentleman that he works with ex-policemen who now work as Private Investigators. He tells the person that if he is on parole, he can be searched anytime. He speaks about the investigators being mad at him because of representing A.J. Pontillo. Frank Carson speaks about throwing the investigators out of his Office when they came over in August of the previous year. Frank Carson: “I am not going to tell you not to cooperate with them.” He calls Kirk Bunch a liar and a cheat. Frank Carson states that Detective Navarro was caught in misconduct three times. He states that he is suing DA Investigator Steve Jacobson. He speaks about how Detective Jon Evers beat his wife and little girl, and how his ex-wife provided information for a murder case that he worked on. He speaks about Detective Jon Evers having a very messy divorce. Frank Carson tells the person that the DA Investigators are not really FBI agents as they claim, but only work with the FBI on a gang task force. Frank Carson: “I liken it to shaking an almond tree, and seeing what falls down.” We are now done with the recording, and out of time for the morning session.

Sincerely; William Thomas Jensen (Tom)

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FRANK CARSON ET AL 12-14-2018 (MARTY)

Afternoon session lasted  14 minutes so here is a quick written report.

The afternoon session started in 1:36 PM in Judge Zuniga was talking about there was another issue that she told Marlisa Ferreira to pass on and they’re trying to figure it out in the notes.

Melissa Ferreira said it was in regards to an office conversation with Frank Carson asked a certain question, and before she could finish what she was saying Judge Zuniga let out a long no as to that question.

Judge Zuniga was trying to find it in the real-time on the computer and she stated it was a series of questions that she couldn’t remember what they were. She then said that she found it was Frank Carson telling the four people in his office he was shutting down investigations by filing complaints. Judge Zuniga disagreed with Marlisa Ferreira about what Frank Carson was saying. And the references that Marlisa Ferreira was making in those questions to Atallaha. Judge Zuniga noted that looking at the previous and following pages of that comment about complaints it states that he was not talking about stopping an investigation only stopping harassment by officers. She stated that Frank Carson never used the term shut down an investigation.

Judge Zuniga then asked Marlisa Ferreira how many more questions that she has and was told that she has about eight more questions, sarcastically judge Zuniga says that means it will go into Tuesday with this witness.

The jury came up around 1:50 PM and Marlisa Ferreira start talking about the office visit and Frank Carson saying the government has a copy of all their calls. Atallaha said that Frank Carson had told everyone he is supposed to have hired someone to kill someone else who jumped his yard. Atallaha noted that Frank Carson in regards the flyer said that was just plain stupid they think he was involved in that.

For some reason Marlisa Ferreira was asking Atallaha if he was shown the proper identification by Kurt Bunche when he was approached. Andy said that he showed a Stanislaus to Dist. Atty. identification and also said he was part of the FBI task force. He also said the Frank Carson noted that Kurt Bunche was dishonest but Frank Carson never gave examples of that dishonesty.

Atallaha said that he never has seen any transcripts of anything that says the investigators were mad at Frank Carson,  and Frank Carson stated that they were still mad at him for going after the district attorney in recent years.

Again he noted in the office visit that Frank Carson said to stop investigators harassment is to file a complaint. And he said that at another investigation that Frank Carson had filed a complaint against had stopped that same harassment.

That’s all the questions that Marlisa Ferreira had for re-direct and wanted then to reopen her direct to ask him questions and judge flat out said NO!

Percy Martinez asked if Frank Carson  specifically said in the office visit to file complaints and Atallaha said he was not sure when he said it because he never listened because he had the recording to fall back on. But he does know that Frank Carson did say to stop the harassment to file a complaint.

Percy Martinez had no further questions at this time no other attorney had any questions including Marlisa Ferreira.

Apparently there was no other witnesses available to testify at this time and in addition there was one of the defendants that had to make a doctors appointment early this afternoon and court was taken into recess at that point.

The jury was out at  2:02 PM giving them a total of 12 minutes this afternoon.

Next week’s schedule, at this point, is the jury’s going to be in court a 1/2 day on Tuesday as the attorneys are doing a motion in the morning. Next Wednesday there is only 1/2 a day court in the morning session.no court at all in the afternoon. Next Thursday there is no court at all. Next Friday there is scheduled a full day of court. After next Friday there will be no court at all  through the holidays, then returning back to court on January 8, 2019.

There be no podcast tonight.

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