FRANK CARSON ET AL 1-11-2019 (MARTY)

Upon entering the courtroom this morning, I noted that Rob Taro from the county counsel’s office was present in the courtroom and apparently the motion today was the defense is requesting all costs involved with the investigation through the current trial date.

Jai Gohel started the motion arguing that when Cory Brown was on direct examination, he was asked by Marlisa Ferreira about all billings that had been received and submitted to the Sheriff’s office in regards to the investigation into this case. He says the information that was brought out by Marlisa Ferreira as direct question to Cory Brown opens the door to all expenses incurred by not only the Sheriff’s Department but the District Attorney’s Office during this investigation.

He says it goes to show the extent that they are willing to go after Frank Carson, sparing no expense.

Cory Brown had not been cross-examined by the defense as of yet when that question was asked by Marlisa Ferreira. That information was brought out by the district attorney and it opened the door for further examination into the costs involved is apparently, at least two Marlisa Ferreira, it is a factor in this case. Marlisa Ferreira has been claiming this has been a sheriff’s office case up until the date of the filing even though the District Attorney’s Office had done in excess of 500 interviews. He says under Brady statute it must be discovered as it is not a subpoena issue.

He says he goes to impeachment of Cory Brown and possible other investigators testimony as to costs and expenses and the extent that they’re willing to go. He also noted some case law in regard to that. He says all discovery must be turned over and this is discoverable information.

As it stands right now the jury only knows or thinks that the cost were absorbed by only the Sheriff’s office in this investigation, and obviously that is not the case with all the work done and obvious over time, travel expenses, and other expenses that have been incurred by the District Attorney’s Office.

Jai Gohel stated there have been Scotus rulings of impeaching witnesses and all exculpatory information must be disclosed. There has been a massive amount of money that has been spent on an impeached cell phone expert, between $400,000 and $500,000, in fact they tried to bring in a second expert to rehabilitate the information. The cast of characters in this case is highly unusual and reversed. Law enforcement officers, namely Turlock Police Department officers, have been made out to be the bad guys by the District Attorney’s Office in an effort to rehabilitate Mr. Maunakea. The criminals and drug addicts are the ones at the district attorney’s office has attached to in this case and expect them to be believed. This all goes to show the obvious bias against Frank Carson by the District Attorney’s Office and specifically by Kurt Bunche- Steve Jacobson- and Frank Navarro.

Investigators never did attempt to get a codes match on the DNA on the bullet, there was no phone records retrieved in regards to Michael Cooley or Eula Keyes, nor any searches of the Cooley property, again showing the focused on Frank Carson et al. and no one else. There has been previous costs request by attorneys in this case, which started in the preliminary hearing when this was in Department 26.

All these extreme expenses show the bias and desire by the District Attorney’s Office to get Frank Carson. It is a due process right to a fair hearing that goes to the requirement of turning this information over and it overrides any privilege claims.

As a reminder he says Marlisa Ferreira brought this information out on direct examination before defense even had a chance to ask a question. At that point all privilege had been waived by Marlisa Ferreira with her questions. If there is a privilege that still attaches to this information that all testimony by Cory Brown in this regard should be stricken.

Judge Zuniga noted there have been requests of the cost involved by the defense mostly in the preliminary hearing and there has been a large amount of expenses that has been revealed, namely for witnesses and costs associated.

Percy Martin has argued there has been very limited information as to the witnesses but it has been a very narrow line of information that has been revealed. Many of the others there has been a claim of privilege, and that privilege was waived on Marlisa Ferreira asked the questions in regards to the bills sent to the Sheriff’s office. Percy Martinez also stated there are many more expenses than the what the witnesses and their related costs. Kurt Bunche has claimed the District Attorney’s Office has done over 500 interviews of witnesses, and the defense is requesting at all costs of all that investigation that includes travel, over time, and any other related costs.

Attorney Hans argued it was clear the Marlisa Ferreira did not need asked the question but did, and now the defense is entitled to the information.

Marlisa Ferreira argued the question to Cory Brown was in regard to the expenses incurred by the Sheriff’s Department in the pre-filing of charges. She said it was also a multi-agency investigation and there is many expenses incurred by many agencies. Her question to Cory Brown was really specific and narrow question as there was many agencies and people involved. Marlisa Ferreira says there have been several public records requests in this case, and the defense is not entitled to all the information, it is not exculpatory or impeachment of this witness. She also stated that after the complaint was filed and does not go to impeachment or exculpatory. She says there is no requirement for them to reveal the costs as it does not go for or against the defendant’s guilt.

The investigators salaries are all available online through transparent California, but there is no breakdown of personnel cost on individual cases there is no mechanism in place. All agencies that were involved have their own expenses, costs, and budgets. Administrators are the one that make decisions on expenses that are going to be paid out including investigators time so it does not go to impeachment of Detective Cory Brown. Marlisa Ferreira also stated that the defense had put this issue before the court many times in the past not the District Attorney’s Office.

She stated that Cory Brown has been with the Sheriff’s office for many months during the investigation, so there is no impeachment. She also noted case law in regard to prosecutors disclosure requirement does not include costs. Again she started siding some more case law. The prosecutors filing of charges is not discoverable as they have discretion to waive the evidentiary values and to possible prejudice. She also noted due to the multi-agency involvement in the case the costs and expenses cannot be broken down across the board for all investigators involved.

Rob Taro from the Stanislaus County Council addressed to court and said his involvement is just a simple 1054, privacy issue, and any other orders to produce these costs would be directed at the District Attorney’s Office and not the County Counsel’s office. All financial requests go through the District Attorney’s Office.

Jai Gohel stated he is still not heard why if it’s not relevant the question was asked in the first place. The defense did not ask the question Marlisa Ferreira did. She asked about the bills reviewed and that makes it relevant. The defense has not made a freedom of information act request as argued by Marlisa Ferreira, but he did note that Mr. Carlson from dawgs blog has.

Percy Martinez argued again and said that Marlisa Ferreira did make the cost relevant not the defense, the cost of the investigation was started when Kurt Bunche was contacted by Detective Shaw from the Turlock Police Department, and this was done directly from my Cooley’s property when Cooley reported Korey Kaufman missing. The task force was put together shortly thereafter, the task force was also clearly ran and financed by the District Attorney’s Office. Marlisa Ferreira has continually tried to say this as a sheriff’s office case but Cory Brown was never actual lead detective as he was only brought in to write search warrants and such. It is relevant to the scope of the investigation or involvement of the District Attorney’s Office right from the first day.

We took a break we came back about 30 minutes later there was no more arguments and judge Zuniga ready to make a ruling.

She noted that she did caution Marlisa Ferreira about her asking about costs to detective Cory Brown. She lectured her many times in the sidebars about opening that door.

But she did say the cost involved is beside the point and discovery has to be relevant or a claim of privilege can be made. Defenses sainted and peaches detective Cory Brown’s testimony about misleading the jury in regard to the costs absorbed by the Sheriff’s office. Marlisa Ferreira’s questions were narrow and limited as to the costs up until the case was filed. She says there is no impeachment of the witness and there is no misleading of the jury about the paint costs absorbed by the Sheriff’s Department.

If Marlisa Ferreira is trying to mislead the jury is still has to be exculpatory. She agreed with Marlisa Ferreira that there is no nexus that this should be adopted as discovery and she then cited some case law. She noted a case was reversed when discovery of a psych exam of the defendant was raised and now, she says the 1054 section, (confidential), does allow that to happen. Discovery is not a fishing expedition there must be good cause to allow the information.

Motion denied without prejudice meaning if some testimony comes up in the future this issue can be re-litigated by the defense.

That was the only issue on hand for today and yesterday I had told you that the jury was scheduled to come back at 10 AM Tuesday that has now been changed and there is no court on Tuesday now and the jury and attorneys and everybody is coming back Wednesday morning at 9 AM.

 

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