FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

ENTIRE DAY OF TESTIMONY 02/26/2019

WEEK 41, DAY 141

BY WILLIAM THOMAS JENSEN (TOM)

SCOTT MCFARLANE IS A CLASS ACT

 

Today, I witnesses a class act on the stand. Scott McFarlane took everything Marlisa Ferreira could dish out and came out on top. I really do not know what was accomplished by the prosecution by putting him on the stand. Most of the questions seemed to be irrelevant to me, and none of the questions brought out answers that will change the outcome of this trial. Marlisa Ferreira is running out of witnesses and has already lost the jury. There is a desperation that is apparent at the prosecution’s table, and she is barely able to smile when the jury is brought into the courtroom. Now sit back and let me paint for you yet another picture of what happened in this travesty of justice.

We start out at 9:30AM this morning with Marlisa Ferreira fanning herself at the prosecution’s table. We have not even begun arguments, and she seems to be having a hot flash. The jury is out of the courtroom at this point, and the attorneys are arguing about the last sentence or two in Scott McFarlane’s plea agreement. The last sentence seems to limit Scott McFarlane’s latitude in his testimony. It restricts Scott from saying anything that would not exactly match what he said to the investigators during his interviews. If he toes the line, he will not be prosecuted for anything. If he does not toe the line, he could lose his agreement. The last sentence in his agreement states that he must testify truthfully and completely, and consistent with his statements made during his interviews. This seems inconsistent to me with the prosecution’s tactic of suborning perjury from their low life drug addicted criminals that have testified in this case. Most of these witnesses morphed their testimony radically from their testimony in the Preliminary Hearing. The prosecution was just fine with that.

Hans Hjertonsson starts out arguing that the last sentence in Scott McFarlane’s agreement should not be allowed. Hans states that there is a due process problem with the last sentence in the agreement. Marlisa Ferreira immediately argues that Hans Hjertonsson has no standing to argue on this issue. Hans argues that Scott McFarlane has been called by the prosecution to testify against his client Daljit Atwal. He states that because of this, he certainly has standing to argue this issue. Marlisa Ferreira argues that she has an unpublished opinion that supports her position in this argument. Judge Zuniga tells her that an unpublished opinion can’t be used. Jai Gohel and Percy Martinez join in with Hans Hjertonsson’s arguments. Judge Zuniga goes into her chambers to pull her notes on this subject. She comes back into the courtroom, and instructs the Bailiff to call for the jury. While the jury is on their way up to the courtroom, all the attorneys go into the judge’s chambers to have a discussion in private. When the attorneys re-enter the courtroom, Marlisa Ferreira has a very sour look on her face, and walks out of the courtroom to speak to Scott McFarlane’s attorney Larry Niermeier. Judge Zuniga tells the jury that she has a legal issue that she needs to work out, and sends them to a very early lunch. This happens shortly after 10:00AM. She tells the jury to be back at 1:30PM.

After the jury is out of the courtroom, Judge Zuniga cites the People vs Meza, the People vs Adcox, the People vs Reyes, the People vs Lacey, and the People vs Watson as case law that concerns this issue. She states that she is going to go over these cases during her extended lunchtime break before she makes her ruling. Jai Gohel goes into another subject. He states that he has a couple of witnesses that he needs to put on the stand on Friday that have already been put off before by Marlisa Ferreira’s never ending Case In Chief. One of the witnesses has very serious health issues that make his testimony even more important to get in. One of the witnesses is Brooks Varner, a neighbor of Pop N Cork Liquors, and a man named Marvin Morrison. Marlisa Ferreira, in a rare instance of cooperation, agrees to allow these defense witnesses testify on Friday. Percy Martinez states that he needs Friday’s morning session to start at 9:00AM. Percy Martinez needs to be in another out of town courtroom in the afternoon. It appears that we will not have an afternoon session on Friday.

When we get back into the courtroom after lunch at 1:23PM, Judge Zuniga cites the People vs Homick. She states: “It is a succinct statement of the law.” She states that based on this case law, the last sentence in Scott McFarlane’s testimonial agreement is valid. Judge Zuniga: “Motion denied.” Judge Zuniga: “Bring up the jury.” At 1:40PM, the jury is in the courtroom, and Marlisa Ferreira calls Scott McFarlane to the witness stand.

She gets Scott McFarlane to testify that he knows Daljit Atwal and Baljit Athwal. He states that he knows them as the owners of Pop N Cork Liquors. He states that he went to Pop N Cork Liquors 3-5 times a week, and would visit the Athwal brothers at the far end of the counter, or in the back room where there is a bar. He would visit the store after he got off work. Scott McFarlane testified that friends of the Athwal brothers, and police officers would all gather at the store frequently. The police officers would come from the Turlock Police Department, Stanislaus County Sheriff’s Department, Merced Police Department, The California Highway Patrol, and other agencies.

Scott McFarlane states that he knew Robert Woody from his visits at Pop N Cork Liquors. He states that he is closer to Daljit Atwal than Baljit Athwal. He would get to the store after his shift was done between 10:00PM and Midnight. He states that he only saw Baljit Athwal at the store at that time of the night a handful of times, possibly around 1-2 times a month. He states that he would stay at Pop N Cork Liquors between 15 minutes to around two hours at a time. Scott McFarlane states that his neighbors were the Picketts, and that he knew their Stepson Korey Kauffman. He states that he had 1-2 brief conversations with Korey Kauffman, and did not have any problems with him. Scott McFarlane states that he did not have a working relationship with Korey Kauffman. He denies telling the investigators that Korey Kauffman did work for him. He denies telling the investigators that he asked Korey Kauffman to take some scrap metal away from his house. Scott McFarlane states that he did donate some scrap metal to the Picketts, because he knew what they did for money. He states that he did not know when Baljit Athwal got off of work. He states that he was at the store when Baljit Athwal was working, and that was in the morning before lunch. He states that Daljit Atwal would be there sometimes during the morning hours, and that he saw Daljit Atwal 3-5 times at the store when Baljit Atwal was there working. Scott McFarlane testifies that Baljit Athwal was usually working behind the counter, and Robert Woody would be stocking the shelves. Scott McFarlane states that the Picketts were nice people, and Korey Kauffman was a nice kid. He admits that he pulled Korey Kauffman over one time because he had a tail light that was burned out. He states that he only gave Korey Kauffman a warning for the tail light. He states that he worked for the CHP at the North end of Merced County. He pulled Korey Kauffman over at the corner of S. Johnson and Linwood in Turlock for the tail light, and states that Korey Kauffman was driving a Ford Ranger. He states that Korey Kauffman was cooperative. Scott McFarlane denies following Korey Kauffman, or doing surveillance on him using binoculars. He denies saying anything about this to Robert Woody. He believes that he did have a conversation at Pop N Cork Liquors regarding the Picketts and Korey Kauffman, but he does not remember any details. Now he states that he does not recall having a conversation concerning Korey Kauffman being a tweeker. He states that he did have a conversation with the investigators about Korey Kauffman being a thief. Marlisa Ferreira tries to ask Scott McFarlane if he told his attorney Larry Niermeier about this, and there is an immediate objection. Judge Zuniga has the jury step out of the courtroom. Jai Gohel argues that what Marlisa Ferreira just asked was totally inappropriate. He speaks about Larry Niermeier making a bullet point list that contained some information. Jai Gohel: “Is Ms. Ferreira going to call Larry Niermeier to the stand as a witness?” Hans Hjertonsson states that Marlisa Ferreira should use the transcripts of Scott McFarlane’s interviews for impeachment only. Percy Martinez states that Scott McFarlane’s testimony today is exactly what he said during his 03/23/2013 interview. Marlisa Ferreira tries to argue that Larry Niermeier provided the bullet point list to the investigators during the 07/23/2018 interview, and that Scott McFarlane is now saying that he did not say that on the stand. Judge Zuniga: “Mam, come on, you don’t do that.” Marlisa Ferreira: “I will withdraw that question, and do it another way.” Judge Zuniga: “Bring in the jury.” After the jury is in the courtroom, and Scott McFarlane is back on the stand, Marlisa Ferreira asks Scott McFarlane if he told Kirk Bunch and Jon Evers about Korey Kauffman being a tweeker and a thief. Scott McFarlane states that he is sure that is true, but he just can’t remember any details. Objection, it misstates the evidence, sustained. Marlisa Ferreira: “Do you have any recollection who was there when you had the conversation about Korey Kauffman?” Scott McFarlane: “No.” Marlisa Ferreira: “When was the first time you became aware that Korey Kauffman was missing?” Scott McFarlane: “When Kevin Pickett and Dawn came over.” Scott McFarlane states that he told the Picketts to have the Sheriff’s Department handle the problem. He states that he was told by the Picketts that they had done that. After some sustained objections, and a side bar, Marlisa Ferreira gets Scott McFarlane to state that he saw Daljit Atwal with some injuries. He states that Daljit Atwal had an injury to the left side of his face, and a bandage on the palm and the back of his left hand. He can’t remember when he saw these injuries. He states that Daljit Atwal told him that he tripped on the curb while chasing a shoplifter. Scott McFarlane admits to hearing Daljit Atwal tell a customer another story about the injury. He heard Daljit Atwal tell the customer that he had a motorcycle accident. He admits that he never knew of Daljit Atwal driving a motorcycle. He states that he never confronted Daljit Atwal about these two different stories on the injuries.

Scott McFarlane testifies that Baljit Atwal drove a Chevrolet Pickup, and a white Mercedes SUV. He states that he was told by Baljit Athwal that the pickup truck had been stolen and burned. He states that he did not ask any questions about this, but admits to having a conversation at Pop N Cork about this. He states that he learned it was burned, and found near an orchard. He states that Daljit Atwal told him about fixing Robert Woody’s teeth. He states that Daljit Atwal told him that he paid for the dental work in trade for Robert Woody’s work at the store. Scott McFarlane testifies that he saw Daljit Atwal with a firearm at Pop N Cork Liquors, and that he had the gun in an ankle holster. He states that he did not know the caliber of the gun, and had seen the gun sometime between 2009 and 2012. He states that he does not believe seeing Daljit Atwal with a hip holster, and did not see any long guns. Scott McFarlane states that he was aware that Eduardo Quintanar had guns at Pop N Cork Liquors. We have another side bar. Scott McFarlane admits that he briefly kept one of his guns at Pop N Cork Liquors. It was a 30-06 rifle that Baljit Athwal used for around one week. He states that there were no other guns of his that he had at Pop N Cork Liquors. Scott McFarlane admits to having a 22 caliber rifle between 2011 and 2012. He states that he never broke this gun down, and does not know if it was a Marlin brand rifle. Scott McFarlane states that he does not know Eula Keyes. Marlisa Ferreira asks Scott McFarlane if he told a lady at Pop N Cork Liquors that bad things happen to bad people. I think this must have been Eula Keyes. Marlisa Ferreira tells Scott McFarlane that his testimony today was that Korey Kauffman was a nice kid. Scott McFarlane testifies that Korey Kauffman was a thief, and probably got caught stealing something. Scott McFarlane admits to having a conversation with Daljit Atwal and Baljit Athwal at Pop N Cork about seeing Korey Kauffman riding a bike down the street with a bag full of tools. He had no time frame when this conversation happened. Marlisa Ferreira: “How did you know if it was a bag full of tools?” Scott McFarlane: “It was an assumption.” Scott McFarlane states that Korey Kauffman never stole from him. Marlisa Ferreira: “How did you know he was a thief?” Scott McFarlane: “It was an assumption.”

Scott McFarlane testifies that the Athwal brothers told him that they were looking after Frank Carson’s property, but he has no time frame when they told him about this. He does not recall how they were looking after the property. He states that he heard about this at Pop N Cork Liquors, and that nobody else was present when this was discussed. He does not recall if Robert Woody told him about this. Scott McFarlane admits to having a conversation with Baljit Athwal about Baljit Atwal and Robert Woody swinging by Michael Cooley’s house to tell him to stop stealing from the Carson property. He states that he does not have any time frame when this conversation happened. Marlisa Ferreira asks Scott McFarlane why they went to talk to Michael Cooley. Scott McFarlane: “Because Frank Carson was tired of the thefts.” Marlisa Ferreira: “Did Daljit Atwal and Baljit Athwal ask you?” Scott McFarlane: “No.” Marlisa Ferreira: “Did they ask you to spotlight the Carson property?” Scott McFarlane: “No.”

Marlisa Ferreira: “How did you contact the Athwal brothers?” Scott McFarlane: “I would stop by the store, or call them on the phone.” Scott McFarlane testifies that Baljit Athwal had a cell phone, and Daljit Atwal had a cell phone. Scott McFarlane admits to receiving a “Love Letter”, informing him that his phone calls had been intercepted in a wire- tap. He does not recall talking to Daljit Atwal about this, or talking to Baljit Athwal about this. He admits to calling the store on the land line after he received the “Love Letter.” He denies talking to Daljit Atwal or Baljit Athwal about what phone to use to talk. Scott McFarlane denies knowing anything about the Athwal brothers using throw away phones. He does not recall if the Athwal brothers changed their phone numbers. He does not recall if the Athwal brothers got new cell phones.

Scott McFarlane admitted to seeing the missing person flyers after Korey Kauffman went missing. He saw them on the door at Pop N Cork Liquors. He does not recall having a conversation about the flyers with Daljit Atwal or Baljit Athwal. He does not recall having a conversation about the flyer with Eduardo Quintanar. Scott McFarlane testifies that he was aware that Robert Woody went to Washington State, and was told about this by Daljit Atwal. He believes this happened after Korey Kauffman went missing. Scott McFarlane is now asked by Marlisa Ferreira to describe the side lot at Pop N Cork Liquors. He give his description of the rectangular lot, and the wooden fences on three sides. He states that he had been on the side lot around 12 times for BBQ’s during the summer. He states that he has known the Athwal brothers since 2006 or 2007, and started hanging out there between 2010 and 2011. He states he was on the side lot of Pop N Cork Liquors before Korey Kauffman went missing for BBQ’s in the summer. He testifies he rototilled a section of the side lot to put in a garden. He states that this was probably in May or June of 2012. He states that he was told to do so by Robin. Scott McFarlane testifies that he obtained permission from Daljit Atwal and Baljit Athwal to do the roto-tilling. He states that he roto-tilled in a pickup bed full of compost that had manure in it. He does not recall if the compost had any white balls in it. Scott McFarlane admits to finding some buried garbage where he roto-tilled, and found some clothes, some jeans, and a blue tarp. He states that he found some trash bags. Scott McFarlane does not recall telling the investigators about seeing a pipe in the ground. He states that he found some pieces of jeans in the tines of the roto-tiller.

Marlisa Ferreira approaches Scott McFarlane with the People’s 556 and 557, which are photographs of the side lot of Pop N Cork Liquors. He points out where the garden was planted, and does not recall when the garden was gone. He states that he was not aware of any other garden being planted on the side lot of Pop N Cork Liquors. He states that he does not think that he was on the side lot of Pop N Cork Liquors in 2013. He states that Robin Attenhoffer and Robert Woody were present when he did the roto-tilling of the side lot. He states that they did have a conversation about the roto-tilling after the fact. Scott McFarlane states that he normally starts a garden in early April. He states that his brother provided the pickup bed full of compost for free.

Scott McFarlane testifies that Tony Kauffman came by his house 1-2 weeks after Korey Kauffman went missing. He states that this was after Kevin Pickett came by his house. He admits to seeing a video of a party that was held on the side lot of Pop N Cork Liquors. He testifies that the side lot was lit up by street lights, and that the street lights were working. Scott McFarlane does not recall what the lighting looked like on the video he had seen.

Scott McFarlane testifies that he recalled the search warrants being served on Pop N Cork Liquors in July of 2012. He does not recall when he first learned that Daljit Atwal and Baljit Athwal were being investigated. He states that he was aware that Private Investigators were asking questions, and that Daljit Atwal told him about this before the search warrants were served. Scott McFarlane testifies that he was aware before the search warrants were served that the Turlock Police Department was investigating. He states that he continued to go to Pop N Cork Liquors at that time. He admits to being close friends to Daljit Atwal and Baljit Athwal. Scott McFarlane admits that he became aware that Daljit Atwal and Baljit Athwal had become suspicious of him. He states that he was told about this by Kirk Bunch. Scott McFarlane states that he noticed a change in their behavior after the search warrants were served. He states that he would get the “Cold Shoulder” from Daljit Atwal and Robert Woody. He states that he did not continue to hang out at Pop N Cork Liquors after that. Marlisa Ferreira tries to ask Scott McFarlane if he confronted Daljit Atwal about that, and what he thought he would say. Objection, side bar. The side bar is very long.

After the side bar, Marlisa Ferreira asks Scott McFarlane about his statement that after Kevin Pickett came by his house, Tony Kauffman came by his house. Scott McFarlane states that he does not know the date that these visits happened. He states that a man named Jesse Lebue (sp?) was with him. Marlisa Ferreira: “What did Tony Kauffman say?” Scott McFarlane: “He asked if I knew anything.” Scott McFarlane: “I do not recall what I told him.” Marlisa Ferreira: “Did Tony Kauffman ask you if you saw Korey Kauffman?” Scott McFarlane: “I told him I saw Korey Kauffman when I was irrigating on Sunday morning.” I don’t think Marlisa Ferreira liked this answer. Scott McFarlane states that he does not remember the date that this happened. Now Marlisa Ferreira gets down and dirty and nasty. She asks Scott McFarlane if he read the Code of Ethics for CHP Officers. Scott McFarlane says yes. This apparently happened during an interview with Hutsel and Domby at the CHP office in September of 2013. He gets refreshed with some transcripts, and does not recall telling them what he said, or what was mandated by the Code of Ethics. Scott McFarlane says: “That sounds correct” when he was told the code of ethics mandated that he lot let his personal feelings influence his decisions. Marlisa Ferreira tries to ask a question about what he realized at this point in time. It gets objected to, and we have a side bar. After the side bar, Marlisa Ferreira asks Scott McFarlane if his friendship with Daljit Atwal and Baljit Athwal had clouded his judgement. He states that it possibly clouded his judgement. He states that he had told the CHP that. Marlisa Ferreira has no further questions. It is now 4:10PM, and we are done for the day. Court will resume tomorrow morning at 9:00AM.

Sincerely; William Thomas Jensen (Tom)

 

2 Comments

  1. Hey dawg its kevin pickett just for the record scott McFarlane is full of shit if he said he saw any flyers in the doors of the pop’n cork. I was the one that put the flyers there and balji would not let me put them on the door and i put them on the pole out side of the store so he is a lier and anyone else that they saw them in the doors of the store.

    1. Author

      Hi Kevin,
      Thanks for your comment, when this is all over with, if you are willing, we can sit down and you can have your say. All you want. I will put up your interview unedited.
      I bet you have a lot to say.
      Dawg…….

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