Good evening everybody, this Marty from Dawg’s Blog in tonight’s podcast on February 27, 2019 it’s Wednesday evening and I was only there for the afternoon session, as I will be tomorrow. Tom report is up and he’s got some few interesting things to say. Nothing really earth shattering, to tell you the truth I don’t know why Scott McFarlane’s involved in this thing from the start. It doesn’t really seem that he was involved in anything or part of anything and didn’t have knowledge of anything. Apparently Marlisa Ferreira did go after him a little bit this morning, according to Tom’s report.
The afternoon session got started around 1:40 PM. The jury was scheduled to come up at 1:45PM, the afternoon session was supposed to start at 1:30PM and you know what happened. Judge Zuniga, again the jury is not up yet, questioned Hans Hjertonsson in regards to some conversations about the flyer that was on the door.
I want to note that Kevin Pickett made a comment on Tom’s report from yesterday. I think it’s a interesting and if you go to Tom’s report from yesterday you will see the comment made and my response. There is a family that feels like they’re not getting justice served, in the in many ways. I do not blame them. So I’ve made the offer to him that the when this is all over, not now, that we can sit down and talk he can have have a say and he can say all that he wants, however he wants to say it. I always put interviews up unedited. I do not edit interviews, like some people do.
Hans Hjertonsson said in the 9/3 /2015 interview, again the judge was asking about the flyers at the Pop and Cork, Scott McFarlane said the they were talking about that of the flyers that were on the front door and any conversations that he may have had with the Atwals in regards to Korey Kauffman going missing, in regards to the flyer and the time frames and stuff like that. Hans Hjertonsson was saying that Marlisa Ferreira did bring it up and that she can’t object to it now, because she’s the one that brought it up in direct. He said that Marlisa Ferreira asked many questions in regards to the activities of Michael Cooley and Korey Kauffman. He says it goes to the Scott McFarlane state of mind. Scott McFarlane didn’t go back to the Atwals after Kevin Pickett and Tony Kaufman visited to his house. He said Scott McFarlane didn’t ask any more questions of Daljit Athwal and he didn’t know if anything else was said. There was apparently not a lot of conversation in regard to that or none that anybody could remember.
Jai Gohel argued that Marlisa Ferreira saying the Scott McFarlane has a bias towards the Atwals, meaning a favorable bias towards the Atwals, towards the burnt truck, and the the property checks and so on. He said Marlisa Ferreira also went into the code of ethics questions with Scott McFarlane and she’s trying to say that he’s biased and uses friendship to be persuaded possibly and he says there are other issues also the question Scott McFarlane and comments and issues that he may have talked about or discussed or what have you. Apparently Scott McFarlane felt at the time that there was nothing criminal or suspicious about what was going on with the Atwals.
Marlisa Ferreira said her objection was to the hearsay and here was no exception. She does not go to state of mind Scott McFarlane and she admitted his judgment was put into question and may have been a little bit clouded, but Scott McFarlane’s own words show his state of mind. Marlisa Ferreira said that is still hearsay, there’s no exception to that hearsay.
Hans Hjertonsson argued that Scott McFarlane’s interrogation by then Sgt. Domby of the CHP and I think Homely (was the other CHP officer or something like that, I forget exactly), but he was being told during that interview what they know and the evidence. It sounds to me like it many ways the same way that they interviewed Robert Woody and told him what they knew until he adopted what they said. He said Daljit Athwal did say he didn’t know who Korey Kauffman was.
Jai Gohel argued the relevant issue is what Scott McFarlane was thinking at the time, not three years later when interviewed and he was concerned for his job at the time because Domby and this other investigator were Internal Affairs investigators from the CHP.
Judge Zuniga ruling was: well, it’s basically up to the jury. She says that Daljit Athwal did say that he did not know who Korey Kauffman was. Marlisa Ferreira had put her things up in front of the jury it’s up to them to decide, basically it’s up to them to decide the facts. It goes a state of mind for Scott McFarlane but not necessarily for the truth. So she saying that the defense can go ahead and go into this area despite Marlisa Ferreira’s objections.
The jury finally got up at 2:00 PM. Scott McFarlane on the stand. Hans Hjertonsson going back into his cross-examination and asked him after he learned that Korey Kauffman was missing did Daljit Atwal say he didn’t know who Korey Kauffman was. Scott McFarlane said that’s right, he didn’t. McFarlane said he saw injuries on Daljit Atwals hand and face, but he didn’t recall it was before or after Korey Kauffman went missing. He never saw Korey Kauffman at Pop and Cork and the Atwals he said he had heard they were looking at Frank Carson’s property, meaning that they were probably doing some some checks for him.
During this next section of questions, Marlisa Ferreira had massive objections to some of these questions and it ended up in sidebars. The first question Hans Hjertonsson asked Scott McFarlane: Marlisa Ferreira asked if Frank Carson was being looked after and he assumed that that he was because of some of the few things that he heard said. Objection. Major objection. There was a sidebar. Then something very interesting happened, I don’t really think it means anything, but it usually doesn’t happen, the court reporter went to the side the bench and had a sidebar with the Judge. I don’t know what the issue was it must’ve been something with the real-time or something I don’t know. So they talked for just a minute and then she went back to her machine.
Judge Zuniga was the researching the testimony on the real-time. Another sidebar happened without any testimony going on. Remember this all happened with the jury in the room.
When that was all over, Hans Hjertonsson again asked about what he testified earlier about the Frank Carson property being looked at by the Atwals. He said he didn’t have anything specific knowledge of what was going on, which led to another objection. At this point Marlisa Ferreira’s objecting to just about every question, as she was with Jai Gohel when he started. Apparently there was some conversation with Daljit Athwal and Robert Woody talking about Michael Cooley in the thefts at the property. The interview that he had a 9/13/18 he told Marlisa Ferreira the Atwals were looking on the property for for thieves. Scott McFarlane said he was trying to remember exactly what was said in that interview and Judge Zuniga was looking for the transcript. Marlisa Ferreira objected it was improper impeachment what that they were trying to showing what was said in the interview and Hans Hjertonsson decided to rephrase the question. I think the save another debacle. Scott McFarlane said yes he was aware of some information of what was going on on the property.
Another objection came up and the judge a couple times just gave her that look. Several of the objections that Marlisa Ferreira made, she would object and then not be able to come up with a legal basis for that objection. To tell the truth sometimes I think she’s deliberately trying to piss off the jury, because that’s what she’s doing. I don’t understand it, but sometimes she makes objections and can come up with a legal basis and that’s one of the obligations they have when they object, they have to have a legal basis for their objection.
Scott McFarlane also said in that interview with Domby that he didn’t know anything about law enforcement checking the property, spotlighting or anything like that. He was never asked to do it personally. Hans Hjertonsson had no further questions.
Jai Gohel started cross examination and in 2012 Scott McFarlane had been a CHP officer for 10 years. Many law enforcement officers hung out at Pop and Cork in 2011 – 2012. He was asked if he went to a lot of social activities during his CHP years? He said yes and many law enforcement around the area visited Pop and Cork. But it wasn’t just Pop and Cork, he said they went out to dinner, he went to movies, he did things like that. He was asked if that was a good opportunity to benefit from the networking opportunities by meeting other people that way? He said yes, absolutely. Also note that Marlisa Ferreira is objecting to every question Jai Gohel is asking.
On 9/3/15 when he had a interview with Sgt. Domby, he had been a CHP officer for 13 years and he said liked going to the Pop and Cork or places like that where other people hung out, where they didn’t have the fear of running into “10-15”.
10-15 is a radio code referring to someone being taken into custody. I’ve had it happen to me before, you go out somewhere and you run into somebody you recently arrested. Officers are always aware of that. So it was a safe environment to socialize and there is no no threats of prior arrests.
Jai Gohel went through a list of some officers hung out there and I was not familiar with any of those names. I couldn’t write them fast enough to get all those names down, I was trying to, but I couldn’t do it. Many those officers were at Pop and Cork up until midnight or maybe a little after (Remember Pop and Cork closed during the week at midnight and I think on Friday and Saturdays they were open to 2AM).
It was in May or June 2012 when he rototilled the side lot. There was a little confusion about that yesterday. Robin Attenhofer wanted to plant a garden. He said the turf was green and there was no areas that was dug up. He said it was all pristine. It didn’t look like there was anything that could’ve been a gravesite or anything else. This would’ve been just a few weeks after the alleged body had been moved from Pop and Cork and he didn’t see any recently dug up spots. No soft spots, he didn’t till up anything unusual. He said while he was rototilling there was a lot of garbage, there was clothing, he did come across a pipe or two, (gas lines or whatever they were underground). There were objections like crazy on this. There was a blue tarp, assorted trash remember that blue tarp was supposedly involved. Robert Woody said they used it to wrap the body in. He said that Robert Woody had told him previously there’d been a house on that lot and they used to bury their garbage in this house, so there was a lot of debris in the ground.
Jai Gohel showed a picture of evidence number 705. It was the blue tarp that was in ratty condition and frayed – that was they way it was described. It was the same type of tarp that he saw when he tilled the ground.
He then put the evidence number 554 on the overhead and it was a Google maps picture from 9/2011 which was 8-9 months prior to the rototilling of the property. He also put up evidence picture 555, also a Google maps photo, from May 2015. It was a satellite picture and there is no it indicator of rototilling in that area. So they were trying to establish a timeline of when that rototilling was done and they are also trying to see if there was something disturbed in the ground prior to the rototilling, as Robert Woody testified that a body was put there.
Scott McFarlane was using a laser pointer from the witness stand to point out where he had rototilled. It was a strip about 6 yards long by 1.5 – 2 yards wide. You can see in some of the pictures where it look like probable rototilling had occurred there. Then he tried to showing picture number 556.
Marlisa Ferreira objected and the Judge looked at her and Marlisa Ferreira couldn’t come up a reason for her objection. The Judge said legal basis ma’am? She could not come up with a legal basis, she just likes the word object. The jury is not appreciating this stuff. Judge Zuniga takes her to a sidebar and I don’t know why she did that, she should’ve just said overruled if there’s no legal objection. They finally came back and apparently there was an issue of foundation and authenticating some pictures or something like that. It sounds like these are the same pictures Marlisa Ferreira’s using, but I’m not sure.
Again Jai Gohel showed the picture number 556, the hard copy, to Scott McFarlane and then put it back to the overhead so he could look at the picture closer. It was a Google maps picture, I believe, and he displayed an area in the picture where he had tilled the ground, you can see a brown strip that they referred to many times before.
Picture number 563, it was of the Pop and Cork lot, he put it on the overhead. It shows a light in the southeast corner, one of the streetlights that he had referred to when he had gone out to the lot at night and had seen those lights on. He said it was dark, but there was light.
Jai Gohel also pointed out that there were houses behind the alley that had windows that faced the lot. Scott McFarlane said he did lend a thirty-aught-six to Baljit Athwal to go pig hunting, he had it for just a few days.
Marlisa Ferreira also objected vehemently to this too.
The jury was sent out a little early for the afternoon break.
Marlisa Ferreira says it was a foundation objection and she says the picture that he’s trying to show cannot be authenticated. Judge Zuniga got that look on her face again and she said that objection is not well taken and Miss Ferreira you know that very well. Marlisa Ferreira wanted to keep arguing with her and trying to keep saying there’s no foundation. The Judge said your objection is not well taken and you know it. Judge Zuniga was getting a little tiffed about it.
Then Judge Zuniga advised Jai Gohel he needs to estimate the time Baljit Athwal had the gun borrowed from Scott McFarlane. Jai Gohel said the the gun was borrowed by Bobby Atwal to use for a weekend pig hunt. They were going with another gentleman by the name of Portagee Bobby or that’s what they called him. Apparently there was a picture of them shooting a pig and coming back with a pig.
Marlisa Ferreira, at this time made a comment, and said she has a lot of redirect due to the cross examination by defense. So she is trying to blame the defense for all the redirect that she wants to do on Scott McFarlane.
Judge Zuniga start talking about Navarre, the witness in custody that’s coming in, testimony. All the motions have not been ruled on, some have but she wasn’t sure what she ruled on and what she hasn’t ruled on. Percy Martinez noted that he had filed a motion on this thing too. Judge Zuniga says: you did? I have a total blank on that, I don’t recall. So Percy Martinez started to call his office to get a copy of that motion and then the clerk says, Your Honor, it’s right here it’s in the file. The Judge has no recall whatsoever of this motion filed by Percy Martinez on December 18, 2018. They decided that tomorrow the jury will come in at 10:30PM and the attorneys are going to talk some of these issues over. They’re talking like Scott McFarlane’s can be done tomorrow, but the way Marlisa Ferreira does redirect I seriously doubt it. But it is possible, anything could happen.
The jury came back in at 3:30PM and Jai Gohel continued his cross and he showed Scott McFarlane a photo, it’s the evidence number DA – D. He had seen the photo before with Bobby Athwal and Portuguese Bobby that posed for photo with a pig they had killed. He said he seen the picture before, but didn’t recall much else about it. He said that Bobby Athwal was holding his gun in that photograph. The picture was put up on the overhead. Asked about the caliber of that thirty-aught-six, if it’s different than a 22 caliber? He says oh yeah, there’s a lot of differences there, in many ways. Then he showed them evidence number 729. Jai Gohel said it is a stock of a of a 22 caliber rifle and Scott McFarlane says no, it’s a barrel of a 22 caliber rifle. Jai Gohel had misspoke, there was no stock on it, it was just the barrel.He had bought it at a yard sale. It’s never been fired. He never lent to anybody, let alone the Atwals. As far as he knows is just a barrel and the gun is never been taken out of his house.
Going back to the rototilling in 2012, he was asked as if he smelled any foul odors, like a body while he was rototilling out there? He said no. There was more objections during that. Being a police officer he would know those smells. He was asked if he knew why Robin Attenhofer wanted him to help rototill that garden or what type of garden she wanted? He was not aware. There was some stuff that was grown out there for a short while, but it was only for a short while, probably had not been taken care of. Jai Gohel was asked him what Marlisa Ferreira had asked about things he knew in regards to the Atwals, that anybody was watching Frank Carson’s property? The basis of why he believed they were, was they had a conversation at the Pop and Cork, but he didn’t really recall specifics such as when or where. He was aware that they went to Mike Cooley’s property, after the Frank Carson visit at the office. He had mentioned something about that in the 2013 interview with Sgt. Domby.
Again Judge Zuniga called a sidebar. When they came back Jai Gohel asked him are you sure they said in the interview and about going to the property and watching the property? He did not really recall being told that they were going to the property, it is just something he kinda had in the back of his head. He said he did tell Sgt. Domby and the other investigator in that interview in the September 2013 that he knew that they had gone to Mike Cooley’s property, but he did not recall saying anything in regards to the Frank Carson property.
He was asked if he knew there is a threat to Mike Cooley? He did not recall any threats that were talked about. He wasn’t there, obviously, so he doesn’t know what happened and he didn’t recall any conversations about any threats. He said the way the conversation went, they were talking about going over there to stop the thefts for Frank Carson property (but he wasn’t really confident about that) and again he didn’t really understand that there was a threat that was given to Cooley. Again there was an objection and it was stricken because the way his answer came out. If you answer a question with “I believe”, “possibly”, or “probably” that’s not a concrete answer, so it will typically get stricken.
He was asked if he knew about Korey Kauffman and Michael Cooley and the thefts? He didn’t really know specifically about them. He was asked if 5/23/2012 was the date of the Cooley incident? He didn’t really know, he just heard talk about it. He was never aware of Mike Cooley thefts prior to the Mike Cooley incident. He’s not aware that Mike Cooley and Korey Kauffman were associated with each other. Korey Kauffman never came up in regards to the Mike Cooley incident, during conversations.
In regards to the arson of the pickup when it was reported stolen by Bobby Athwal and he knew some of the details of the theft. He knew the Bobby Athwal had all the keys. He knew where was found. He was asked as a CHP for 10 years, at the time, has he ever recovered auto theft that had been destroyed by arson like that? He said he has. He has done multiple Chevy’s pickups and suburbans, around that year, that were taken without keys. He’s had many vehicles while on duty where the owners have had their keys and their cars have been stolen. So Baljit Athwal telling him about his truck getting stolen was not suspicious to him so he did not inquire any more. Jai Gohel mentioned that Marlisa Ferreira asked in regards to Korey Kauffman being a thief and was he contacted by an officer named of Nate Urban in regards to Korey Kauffman car stop when he had a truck full of recyclables or or something that he had gotten from somewhere. They had dropped McFarlane’s name.
There was also an objection by Marlisa Ferreira that they were calling Korey Kauffman a thief. Judge Zuniga just finally said it: it’s pretty well established he was a thief. It is sad to say, but it’s what it is.That’s what the judge said he was out stealing scraps and he was trying trying to make is is living doing it. Marlisa Ferreira wanted to argue with her. The Judge actually shut that down.
He was asked if he had any conversations at Pop and Cork in regards to his neighbors, the tweakers and thieves and complaining at Pop and Cork about his neighbors? He said he believed he could have, but he couldn’t recall for sure specifically any conversations. Korey Kaufman’s name first came up when there was conversation about tweakers and thieves, so, yes, there was some conversation about his neighbors and some of the issues involving that, but he never related Korey Kauffman to the Carson property.
Jai Gohel asked when Marlisa Ferreira asked him what McFarlane knew and Nate Urban had called him. McFarlane’s name of been name dropped by Korey Kauffman when he was stopped with all the metals and all the scrap that were in the back of the truck. Apparently Korey Kauffman also stripped some power lines for the copper, off some streetlights. Again, they had a conversation about Korey Kauffman being called a thief. The judge says that is what it is. Just like we call tweakers, tweakers, it is a common term and everybody knows what it is.
The jury was out about 4:10PM. We were done for the day. The jury is coming back at 10:30PM tomorrow. Court is in session at 9 o’clock tomorrow.
To tell the truth I don’t see why Scott McFarlane’s even involved in this or why they’ve seen fit the get him involved in this because there’s really not a lot that he knows he didn’t have any information. They were friends and I guess he paid a price for having those type of friends. You know what they say: no good deed goes unpunished.
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There have been a few people in court recently. It is nice to see and like I always say: don’t take my word for it come to court find out for yourself. Good night everybody!