FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION 03/06/2019

WEEK 41, DAY 144

BY WILLIAM THOMAS JENSEN (TOM)

DA DEALS WITH FORKED TONGUE

 

This morning, it was obvious to me that Marlisa Ferreira reads what is said about her on the internet. She seemed to modify her delivery, to seem much less confrontational in front of the jury. I think they could see the Doctor Jeckel and Mr. Hyde similarity as I did this morning. Although her delivery was less mean spirited, she seemed to be equally determined to twist the facts to try to save her failing case. At the end of the morning session, Larry Niermeier , Scott McFarlane’s attorney, confronted Judge Zuniga about the Scott McFarlane being declared a hostile witness without his knowledge. Marlisa Ferreira states that he has no standing regarding this situation. Judge Zuniga seems to agree, and states that she found that Scott McFarlane was “Stonewalling” Ms. Ferreira and was being deceptive in his answers to her questions. Judge Zuniga states that it was her call to make him a hostile witness. Percy Martinez states that the defense has heard that Scott McFarlane is in jeopardy of losing his testimonial agreement. Percy wants to know if he has indeed lost his testimonial agreement, so that the defense can decide on the questions that they will need to ask him on re-cross examination. Judge Zuniga tells Percy Martinez that this will be decided after Scott McFarlane is done testifying. The general consensus is that Marlisa Ferreira will try to revoke his testimonial agreement. It seems to me that Scott McFarlane has been honest on the stand, and yet the prosecution seems poised to revoke his agreement, yet Robert Woody was caught lying on the stand numerous times and will undoubtedly be allowed to retain his agreement. This only confirms to me the way the prosecution is bound and determined to persecute anyone who is not willing to lie for them on the stand. In the end, The Truth Will Set Them Free.

We start out the morning session with Judge Zuniga speaking about some case law. She cites the People vs Garcia, and the People vs McAlvin. This case law concerns a lay person being able to detect odors. She is speaking about this case law, because Marlisa Ferreira had tried to ask Mr. Varner if he was a smoker. This seemed to be in very poor taste to me yesterday, because Mr. Varner was wearing a nasal cannula to deliver supplemental oxygen for his breathing. It seems as though Marlisa Ferreira wants to show that a person who smokes can’t detect the odor of a decomposing body in the ground. Judge Zuniga gives Marlisa Ferreira a strange look and tells her that she can’t do this unless she wants to put on an expert to testify concerning this issue. Judge Zuniga: “There is no foundation Mam.”

Judge Zuniga instructs Marlisa Ferreira that she wants her to put Mr. Varner on the stand so that she can have a discussion with him outside of the presence of the jury. She instructs Mr. Varner that he should only answer the question that is being asked, and not to volunteer additional information with his answer. She tells Mr. Varner to stop talking when there is an objection, so that she can rule on the objection. Judge Zuniga now instructs the bailiff to call for the jury. At this time, I notice that Kirk Bunch has some sort of twitchy thing going with his hand and looks to be very nervous. Perhaps he has consumed a bit too much coffee this morning. After the jury is in the courtroom, Marlisa Ferreira shows Mr. Varner The People’s 749, which is a photograph that shows a tree on the left side of his yard that has some charring from a fire. Mr. Varner states the tree was there in 2011 but is unsure if the carport that is seen was built by 2011. Mr. Varner states that the palm trees were smaller, but the view from his bedroom window was basically the same. We have a side bar. Marlisa Ferreira states that she wants to show the People’s 555, which was admitted by another witness. It is view from the air of the side lot of Pop N Cork Liquors. It shows a tree in the corner of the side lot and was taken in May of 2012. She tries to ask Mr. Varner if he can see how tall the tree is. This gets objected to, and we have a very long side bar.

After the side bar, Marlisa Ferreira approaches with the People’s 750. It is a picture from the landing of the apartment that shows the carport and the alley. Marlisa Ferreira: “Did you see the same view in 2012?” Objection, sustained. We have another side bar. After the side bar, Mr. Varner testifies that Mr. Morrison lived in the apartment in 2012. Marlisa Ferreira shows the People’s 752. Mr. Varner states that he recognizes the picture. It is a picture from his back yard that shows an Eucalyptus tree and the carport. Mr. Varner states that he does not know if the carport was there in 2012. It shows a gate. Mr. Varner states that the gate is kept closed, and that the gate was there to keep his dogs away from Mr. Morrison. It seems as though his dogs did not like Mr. Morrison. There is pictured some lattice work on top of the fence that extends the top of the fence two feet. Mr. Varner states that he never heard any parties on the side lot in the Fall of 2011. He states that he did not hear any parties on the side lot in September of 2011 and did not hear any parties on the side lot in the summer of 2011. He did not hear a pickup truck unloading compost in the summer of 2012.

Mr. Varner states that he knows Robert Woody. He states that Robert Woody lived down the street for a long time, and he had seen him since he was a small child. He states that he would go into Pop N Cork Liquors on occasion, and did not see Robert Woody inside of the store, but saw him working around the store on the outside. This gets objected to for relevance, and we have another side bar. After the side bar, Judge Zuniga states that the last objection was sustained for being beyond the scope. Mr. Varner states that he never saw CHP Officers on the side lot of Pop N Cork Liquors in October of 2011 and had not seen them working in the side lot. He denies knowing Scott McFarlane, and Tom O’Keefe. Marlisa Ferreira asks Mr. Varner when he last spoke with the Athwal brothers. He states that he said “Hi” a couple of weeks ago. Marlisa Ferreira tries to pounce on this and asks Mr. Varner when he got his subpoena in the mail. This basically goes nowhere. Mr. Varner states that he did not talk to the Athwal brothers after he got his subpoena and has not talked to them about the side lot.

Mr. Varner states that he was visited by Private Investigators from the defense, and that the conversation was taped by the investigators. He states that he was informed that he was being recorded. Mr. Varner states that he never saw a table set up on the side lot of Pop N Cork Liquors. He states that he never saw a bar that was set up near the side lot. He testifies that he never saw any shovels on the side lot and did not see any tarps on the side lot. He denies seeing any fire pit, or smelling any fires from a fire pit. He can’t recall seeing Robert Woody on the side lot in April of 2012 and did not see anyone on the side lot in May of 2012. He denies seeing anybody on the side lot during that time period. Marlisa Ferreira asks Mr. Varner if he is friends with the Athwal brothers, and he says that they are just acquaintances. He denies telling Kirk Bunch that he was closer to Daljit Atwal than Baljit Athwal. Marlisa tells Mr. Varner that he was shown a picture of his second bedroom yesterday. He states that both bedrooms have only curtains, and he keep the curtains closed during the daytime.

Marlisa Ferreira asks Mr. Varner when he was ever on the side lot. Mr. Varner states that he was on the side lot when he was working on the fence replacing fence posts sometime after March of 2012. He states there is a section of the fence he can pop out to gain access to the side lot. He states he did not walk around the property, did not see a blue tarp, and did not see any shovels. He states he was on the side lot during the daytime and worked on the fence for about three days. He states that he went to bed around 11PM to Midnight in the spring of 2012 and got up around 6AM. Marlisa Ferreira has no further questions.

Jai Gohel tells Mr. Varner that he has been asked a lot of questions concerning what he could see from his bedroom. Jai asks Mr. Varner if he can hear well. Mr. Varner says: “Yes.” Objection, sustained. Jai shows Mr. Varner Exhibit 744. It shows the view from Mr. Varner’s bedroom window. Mr. Varner states that he can see debris that is seen on the side lot of Pop N Cork Liquors and can see the yard. Mr. Varner is not sure what a pole is that is pictured in the photograph. Jai shows Exhibit 654. Mr. Varner is able to recognize a telephone pole and a light post in the photograph. He states that this picture shows the southeast corner of the side lot. Mr. Varner states that his bedroom window is four feet from the fence. He states that he was working in the daytime in 2012. He states that he was gone sometimes during the daytime in 2012 but was always at home during the night to sleep. He slept with his wife Karen every night. Jai Gohel asks Mr. Varner if his wife ever told him about hearing sounds in March or April of 2012. Objection, sustained. We have another side bar. After the side bar, Jai Gohel asks the same question over again, and Mr. Varner states that his wife never told him about hearing any noises from Pop N Cork Liquors during that time period. Jai Gohel reminds Mr. Varner that Marlisa Ferreira had asked him about if he was sure if the street light was always working in 2012, and that he had stated that he was not sure. Jai now asks Mr. Varner if he ever noticed during that time period that the street light was not working. He states that he never saw an instance where the street light was not working. He states that he had to close his curtains to block out the bright light that would come into his bedroom from the street light.

Jai Gohel reminds Mr. Varner that someone came by his house in 2012 and showed him some pictures. Jai Gohel now jumps ahead to August of 2015. Mr. Varner testified yesterday that he saw Robert Woody with some police officers on the side lot of Pop N Cork Liquors. Mr. Varner testifies that nobody came over to talk to him after he saw Robert Woody with the officers on the side lot. Mr. Varner states that the first person to come over was a Private Investigator for the defense. Mr. Varner denies that Kirk Bunch ever came over to interview him at his house. He states that he believes that Kirk Bunch called him on the telephone, and that it was after the Private Investigator came over to talk to him. I believe the Private Investigator’s last name is Barisford. Jai Gohel has no further questions.

Hans Hjertonsson takes over asking the questions. Hans tries to ask Mr. Varner if he told the Private Investigator…Objection. We have a side bar. After the side bar, Hans Hjertonsson asks Mr. Varner if he told the investigator that called him that he could hear really well. He does not recall saying this. Hans refreshes Mr.Varner, and he states: “That sounds right.” That gets objected to, and the answer is stricken. He is asked if he was refreshed by reading the report, and Mr. Varner states: “Not really.” Mr. Varner states that he does not know how much time past by before the Private Investigator came to his house to speak with him. Hans has no further questions. Percy Martinez asks Mr. Varner if the defense investigator came over to speak with him in 2017. Mr. Varner: “I believe so.” Mr. Varner says he told him that he had been fixing some fence posts. It is now 10:33AM, and we take our morning recess until 10:55AM. Judge Zuniga has Mr. Varner step out of the courtroom. Marlisa Ferreira complains that the defense is asking questions that were not asked on direct examination. Judge Zuniga informs her that a new law allows this to happen if the subject is brought up on cross examination. Larry Niermeier addresses the court, and wants to find out if his client Scott McFarlane will be allowed to testify this morning. Judge Zuniga tells him to hang tight, that she thinks he will be on the stand this morning.

At 11:00AM, the jury is back in the courtroom, and Mr. Varner is on the stand. Marlisa Ferreira asks Mr. Varner about how he said he could pop out a section of the fence between his house and the side lot of Pop N Cork Liquors. Mr. Varner testifies that this section of the fence was about 20 feet down towards the alley, and that he had replaced 2-3 posts. It was to the right when he was looking out of his bedroom window. He states the repair job took him about a week or so, and it was done in March or April of 2012. He denies smelling any foul odors. He denies having any contact with the Athwal brothers after the officer came over to talk to him. Mr. Varner states that he just went over and did the repair on the fence without speaking to the Athwal brothers. Mr. Varner said he never opened up his blinds to look out of his bedroom window. Marlisa Ferreira has no further questions. Mr. Varner is now totally done with his testimony.

Marlisa Ferreira now calls Scott McFarlane back to the stand. Scott McFarlane admits that he told the CHP Investigators on 9/3/2013 that he first learned that the Athwal brothers were looking after the Carson property was after Robert Woody and Baljit Athwal had gone to Michael Cooley’s house to warn him about stealing from the Carson property. Scott McFarlane testifies that he told the CHP Officers that it was before Korey Kauffman went missing that he learned the Athwal brothers were checking on the Carson property. He admits to also telling this to Kirk Bunch and Jon Evers. He states that Baljit Athwal told him he was spot checking and had given him no details. Scott McFarlane states that the first time he heard the name Michael Cooley was when he was told by the Athwal brothers that they had gone over to his house to warn him about stealing from the Carson property. Scott McFarlane denies that Robert Woody told him that he burned the pickup truck. He states he had a conversation at Pop N Cork Liquors with the Athwal brothers after the flyer went up. He states that he had a conversation right away with Daljit Atwal and told Daljit Atwal that Korey Kauffman was his neighbor. He does not remember what Daljit Atwal’s response was to that conversation. Scott McFarlane states that he first heard that Korey Kauffman’s body had been buried from the Ramey Warrant. He denies discussing this with Robert Woody. Marlisa Ferreira: “When you first learned about the burnt pickup truck were you told that it was in a canal?” Scott McFarlane: “I thought it was in a mortuary.” Scott McFarlane admits that he testified on cross examination that he did not put together that Korey Kauffman was related to the search warrants on Pop N Cork Liquors. Scott McFarlane does not recall a wire tapped telephone call where he was captured speaking to Daljit Atwal. This call was on 7/12/2012. Now it seems as though Marlisa Ferreira is trying to impeach him with statements, he made during the telephone call. Her questions were machine gun fast, and I basically quit taking notes at times. Scott McFarlane admitted to asking Daljit Atwal why the cops were coming after him and asked him why they would think he had something to do with it. Marlisa Ferreira presses Scott McFarlane for the meaning of “it.” We have a side bar. After the side bar, Scott McFarlane is refreshed, and he says “it” refers to whatever they were having a search warrant for. It is brought out by Marlisa Ferreira that Daljit Atwal said: “Somebody thinks I know something.” Scott McFarlane admits that he had been trying to help Daljit Atwal during the telephone call. He admits to telling Daljit Atwal that the investigators were just fishing, and just hoping. He admits to telling Daljit Atwal that he wanted to find out who sent the investigators over. This is the point where I simply quit taking notes on her never-ending questions. It just seemed to me like Eduardo Quintanar all over again. She is trying to destroy Scott McFarlane and take his testimonial agreement away.

Sincerely; William Thomas Jensen (Tom)

 

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