FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION 02/27/2019

WEEK 41, DAY 142

BY WILLIAM THOMAS JENSEN (TOM)

MARLISA HAS MORE QUESTIONS

 

When I left the courtroom yesterday, I thought that Marlisa Ferreira had no further questions for Scott McFarlane. Boy was I wrong. She took the entire morning before she was finally done with her direct examination, and she is reserving a few more questions when she is able to find the last page or so of a report that she was working from. She seemed to have more spirit today, but I know that this is some false bravado from her. She knows her case is lost in the back of her mind, but refuses to give up trying. Scott McFarlane was his usual unflappable self on the stand, and stood up to her bantering well. I have nothing but the upmost respect for this fine young man who has been unjustly accused.

We start out late this morning as usual. Court was supposed to start at 9:00AM. We did not get going until 9:40AM. It was apparent to many of us that the judge was once again late showing up to the courtroom. This case would have been done months ago if the judge had simply shown up on time. Marlisa Ferreira starts out by asking Scott McFarlane if he owned a Marlin 22 caliber rifle. Scott McFarlane is not sure about the brand of the rifle he owned. Marlisa Ferreira shows Scott McFarlane a picture labeled the People’s 729. Scott McFarlane: “Yes, I recognize that rifle.” The picture shows the gun stock with a barrel, and another barrel. Scott McFarlane states that the rifle looks like his rifle. He states that he did not break down the rifle. He states that he bought the rifle at a yard sale in Delhi. He admits to owning a second gun that he bought at the same yard sale. The barrel was taped to the gun stock. Scott McFarlane states that the Marlin 22 caliber rifle had never been to Pop N Cork Liquors, and the Athwal brothers had never had access to the rifle. Scott McFarlane testifies that Baljit Athwal had told him that he wanted Michael Cooley to stop stealing from Frank Carson’s property. He says that he never told this to anyone. Marlisa Ferreira: “Why not?” Scott McFarlane: “Because I didn’t think I needed to.”

Marlisa Ferreira tries to ask Scott McFarlane when he was told by the Athwal brothers that they were looking after the Carson property. This immediately gets objected to. Hans Hjertonsson states that he wants a side bar. The objection gets overruled. Marlisa Ferreira reminds Scott McFarlane that he has testified that he had been told by the Athwal brothers that they were looking after the Carson property, but was not given any details. She asks Scott McFarlane if he told CHP Officer Domby that they were spot checking the Carson property. Scott McFarlane states that he does not recall saying this to Domby. Scott McFarlane states that he was told about the Athwal brothers looking after the Carson property while he was at Pop N Cork Liquors. He states that this happened after Baljit Athwal and Robert Woody stopped by the store on the way home from Frank Carson’s Law Office. Marlisa: “Did Daljit Atwal or Baljit Athwal tell you why?” Scott McFarlane: “I don’t know.” Marlisa Ferreira tries to ask a leading question if he told Domby and Hutsel who was stealing from the Carson property. She asks the question a different way, and Scott McFarlane states that he doesn’t recall. She refreshes Scott McFarlane with a report, and Scott McFarlane states that he told the CHP Investigators that Korey Kauffman and Michael Cooley were stealing from the Carson property. He does not recall who told him that they were the ones who were stealing from the Carson property. He is not sure if he learned this information prior to the killing of Korey Kauffman. Marlisa Ferreira once again asks Scott McFarlane if he has any recollection when he learned the information about the thefts. We have a side bar. After the side bar, Marlisa Ferreira asks Scott McFarlane if he was privy to a conversation at Pop N Cork Liquors about Michael Cooley and Korey Kauffman. Scott McFarlane states that he does not recall if he was privy to such a conversation.

Marlisa Ferreira asks Scott McFarlane if when he was told that Baljit Athwal and Robert Woody had gone to Michael Cooley’s house, he had been told what car they were driving. Scott McFarlane states that they were driving in Daljit Atwal’s black BMW. He states that it is a 4-door model. He states that he had never seen Baljit Athwal drive that car. He states that he never asked any question about why they were driving that car to go to Michael Cooley’s house. Scott McFarlane states that the windows on the black BMW were tinted, and the tint was darker in the back portions of the car. He states that the tint was lighter on the driver’s and passenger’s front windows. He does not recall if it was possible to see inside the driver’s and passenger’s windows.

Scott McFarlane testifies that he did not know Michael Cooley. He states that he first learned about Michael Cooley after Baljit Athwal and Robert Woody had driven to Michael Cooley’s house. Scott McFarlane does not recall telling Domby and Hutsel that Korey Kauffman was his neighbor. He gets refreshed on this. After being refreshed, Scott McFarlane states that he told the CHP Investigators that Daljit Atwal and Baljit Athwal did know Korey Kauffman, and that Korey Kauffman was his neighbor. Scott McFarlane states that he has no time frame when he learned this information. He states that he does not recall if this was before or after Korey Kauffman had gone missing. He states that he thinks that he learned about Korey Kauffman going missing when he saw the flyer on the door of Pop N Cork Liquors. Marlisa Ferreira asks Scott McFarlane if he knew that Daljit Atwal and Baljit Athwal knew that Dawn Poma, Shaddow Pickett, and Kevin Pickett were his neighbors. This gets objected to, and the objection is sustained. Marlisa Ferreira tries to ask Scott McFarlane if he told Domby and Hutsel that Daljit Atwal and Baljit Athwal knew… This gets objected to, and Marlisa Ferreira starts arguing with Judge Zuniga. Judge Zuniga: “Ms. Ferreira, Don’t argue with me.” We immediately have a side bar. After the side bar, Marlisa Ferreira asks Scott McFarlane if he had seen Dawn Poma and Kevin Pickett at Pop N Cork Liquors. Scott McFarlane: “Yes.” He states that Daljit Atwal was working at the store when they came in. He does not recall having a conversation with them. Marlisa Ferreira once again asks Scott McFarlane if he had told the investigators that the Athwal brothers knew that they were his neighbors. Scott McFarlane does not recall. He gets refreshed on this, and says he did say that to the investigators. Marlisa Ferreira: “Did you have a conversation with them?” Scott McFarlane: “I probably did, but I just can’t recall.” Marlisa Ferreira states that she wants to impeach Scott McFarlane on this issue. Jai Gohel argues that it is hearsay. Judge Zuniga overrules this objection. It is now 10:30AM, and we take our morning recess until 10:55AM. The jury is sent out of the courtroom, and Scott McFarlane is taken off the stand. After they are out of the courtroom, Judge Zuniga states: “Ms. Ferreira, I am not sure what you are going to do, this is not an official record.” Marlisa Ferreira: “OK, I will move to strike his last answer for speculation.”

At 10:58AM, the jury is back in the courtroom, and Scott McFarlane is put back on the stand. Marlisa Ferreira asks Scott McFarlane if he knows about a 40 caliber Glock handgun that was at Pop N Cork Liquors. Scott McFarlane states that he does not know the caliber of the gun that he saw at Pop N Cork Liquors. He gets refreshed on this and says: “Yes.” He states that he saw this gun behind the counter at the store, and it was owned by Daljit Atwal. He remembers that he was shown this gun after it was purchased by Daljit Atwal. Scott McFarlane states that he was not told by Baljit Athwal that he had the keys for the stolen pickup truck. He states that he thinks that Baljit Atwal had been to his house one time, and that Daljit Atwal had been to his house one to two times. He states that these visits were around late 2011 or early 2012. He does not recall if these visits were before or after Korey Kauffman had been killed. Scott McFarlane does not recall if he told the investigators in 2015 that Michael Cooley was the last person to see Korey Kauffman alive. He does not having a discussion with Robert Woody about Korey Kauffman stealing items from the Carson property. Marlisa Ferreira: “Did you tell Domby and Hutsel?” Jai Gohel objects because of speculation, and Judge Zuniga agrees that part of her question calls for speculation. Scott McFarlane denied that Korey Kauffman had ever stolen from him. He states that he never had any information about Korey Kauffman stealing items from anyone. Scott McFarlane admits to having a conversation with Daljit Atwal and Baljit Athwal after the search warrants had been served on Pop N Cork Liquors. He states that the conversation concerned about all the damage that had been done to the store. Scott McFarlane admits to asking Daljit Atwal and Baljit Athwal why the search warrants had been served on the store. He states that he was told that the investigators were looking for someone. Marlisa Ferreira: “How did you know who they were talking about?” Scott McFarlane: “It was an assumption.” He does not recall having a conversation with Daljit Atwal and Baljit Athwal about law enforcement looking at their store. Marlisa Ferreira: “What was going on in your mind?” Scott McFarlane: “I thought it must be a mistake.” Marlisa Ferreira tries to ask Scott McFarlane about prior to the search warrant on 07/15/2012 how he had become aware that Korey Kauffman had been stealing from the Carson property. This gets objected to, and the objection is sustained. Scott McFarlane admits that he has testified that he was aware that Korey Kauffman and Michael Cooley were stealing from the Carson property. Marlisa Ferreira reminds Scott McFarlane that he has just testified that Michael Cooley and Korey Kauffman were stealing from the Carson property, and he had learned about this when Baljit Athwal and Robert Woody returned from Michael Cooley’s house. This gets objected to for being compound, and the objection is overruled. Scott McFarlane states that he does not recall. He gets refreshed on this. Hans Hjertonsson objects for improper recollection, and the objection is overruled. Marlisa Ferreira tries to refresh Scott McFarlane, and he states that it does not refresh his memory. Marlisa Ferreira: “Did you tell the investigators that was the first time you heard that information?” This gets objected to for foundation. Judge Zuniga: “There is no foundation.” We have another side bar. At this time, I can see Marlisa Ferreira fanning herself. It seems as though she might be having a hot flash. After the side bar, Marlisa Ferreira asks Scott McFarlane who told him that Korey Kauffman was stealing items from the Carson property. Scott McFarlane: “I don’t remember.” Scott McFarlane states that he knows that the threat that was made to Michael Cooley by Baljit Athwal and Robert Woody was prior to the search warrant being served on Pop N Cork Liquors. Scott McFarlane denies ever talking to Daljit Atwal and Baljit Athwal about the threat to Michael Cooley for his thefts from the Carson property. Marlisa Ferreira tries another very convoluted question, and we have yet another side bar. After the side bar, Scott McFarlane denies asking any questions about the investigation from the Athwal brothers. Marlisa Ferreira: “Why not?” Scott McFarlane: “I can’t give you an answer for that.” Scott McFarlane states that he did not know at the time when the body of Korey Kauffman had been recovered. He states that he later learned about this when he was told by Kevin Pickett. Scott McFarlane denies ever asking the Athwal brothers about this. Marlisa Ferreira: “Why not?” Scott McFarlane: “There was no connection there.” Scott McFarlane denies having a phone conversation with Daljit Atwal where Daljit told him that Daljit’s house was being searched next. Scott McFarlane denies having a phone conversation with Daljit Atwal where Daljit told him that Scott McFarlane’s house was going to be the next place searched.

Marlisa Ferreira now gets down and dirty, and shows Scott McFarlane the People’s 742, which is his testimonial agreement. It seems to me that she is trying to threaten Scott McFarlane. Scott McFarlane agrees that he signed the agreement, and his lawyer was present. Marlisa Ferreira reminds Scott McFarlane that he agreed to testify truthfully, and accurately, and to the best of his knowledge. She reminds Scott McFarlane that he was having his charges of accessory to murder dismissed if he complied to the required elements in the agreement. Marlisa Ferreira states that she has no further questions but is reserving a few questions when she can find a page from one of the reports.

Hans Hjertonsson takes over on cross examination. Hans asks Scott McFarlane if he recognizes the person sitting next to Marlisa Ferreira. This is obviously Kirk Bunch. Scott McFarlane states that he has had interviews with Kirk Bunch several times. Hans list these interviews. Hans states that the first interview was in March of 2014, the next interview was one week later, then a year later, then a couple of weeks after that interview, then when he signed his testimonial agreement. Hans Hjertonsson states that he was also interviewed after he was arrested in September of 2013. Hans Hjertonsson tells Scott McFarlane that Kirk Bunch had told him that someone else had told him about the conversation that Marlisa Ferreira had been asking about. Hans Hjertonsson reminds Scott McFarlane that Kirk Bunch had asked him several times if he could confirm this conversation, and that Scott McFarlane had told Kirk Bunch that he had no independent recollection of the conversation. Hans Hjertonsson now goes into the compelled statement that Scott McFarlane had gone through with Domby and Hutsel at the CHP office in September of 2015. Hans asks Scott McFarlane what a compelled statement is. Scott McFarlane states that these compelled statements are required during departmental investigations, and he was not allowed to have his attorney with him. Scott McFarlane states that he was told that this compelled statement can’t be used in a court of law. Marlisa Ferreira disagrees with this. Scott McFarlane’s last statement was stricken by Judge Zuniga. Hans Hjertonsson asks Scott McFarlane what his understanding of the law is concerning this issue. Once again, Scott McFarlane states that his understanding is that the compelled statement can’t be used in a court of law. Scott McFarlane states that this compelled statement lasted around eight hours, and that he gave his answers to the questions asked to the best of his ability. Scott McFarlane testifies that he does not recall having a conversation with the Athwal brothers at Pop N Cork Liquors after Korey Kauffman went missing. Hans asks Scott McFarlane if Daljit Atwal has told him that he did not know who Korey Kauffman was. This gets objected to, and the objection is sustained. Hans reminds Scott McFarlane that he had testified that he had a discussion about Korey Kauffman at Pop N Cork Liquors after he had seen the flyer posted on the door. Hans starts to say that Daljit Atwal said… objection hearsay. Hans wants a side bar. Judge Zuniga tells Hans Hjertonsson that she wants to keep things moving, and will take this up later.

Hans Hjertonsson reminds Scott McFarlane that Marlisa Ferreira had asked him questions about him putting in a garden on the side lot of Pop N Cork Liquors. Scott McFarlane confirms that Robin Attenhoffer had asked him to put in the garden on the side lot. Hans reminds Scott McFarlane that he had testified that he put this garden in after he would normally put in his own garden at home. Scott McFarlane states that he normally puts in his garden in March or early April, and had put in the garden at Pop N Cork Liquors around two months after that time period. That gets objected to, and the objection is sustained. Scott McFarlane states that he rototilled the ground where he put in the garden at Pop N Cork Liquors. He states that the ground on the side lot was all green grass, with no bare ground spots when he rototilled the garden area. He admits that he encountered lots of garbage in the ground when he did the rototilling. He admits that he saw the vegetables growing later on in the garden. Scott McFarlane testifies that the garden was approximately 10 yards long, and 1 ½-2 yards wide. He states that the long side of the garden was situated East/West. Scott McFarlane states that he did see the injuries on Daljit Atwal’ face and hand. He states that he is not sure when he saw these injuries. Scott McFarlane states that he is familiar with what road rash looks like, and states that Daljit Atwal’s face looked like it had been scraped. Scott McFarlane states that he was aware that Daljit Atwal had told a customer that he had been involved in a motorcycle accident, and that Daljit Atwal had also given a different story about tripping on the curb while chasing a shoplifter. Hans Hjertonsson reminds Scott McFarlane that Marlisa Ferreira had asked him about the two different stories, and had asked him why he did not question this with Daljit Atwal. Scott McFarlane testifies that he does not care about the two different stories. We are now done with the morning session. The jury is instructed to be back at 1:45PM. I will be there for the morning session tomorrow, and Marty Carlson will do the afternoon session. We are getting gassed for sure.

Sincerely; William Thomas Jensen (Tom)

 

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