Good evening everybody, this is Marty from Dawg’s Blog with tonight’s podcast Today is Wednesday, March 6, 2019. This is on the Frank Carson et al. trial.
We got nothing done this afternoon. Podcast over. That’s pretty much how it went.
The Judge was on the bench around 1:49 PM. She had the attorneys come up around 1:20 PM to talk over some of the issues. I notice Steve “the juice” Jacobson was there. He brought in copies of the transcript of the wiretaps that Marlisa Ferreira was going off of earlier in her questioning of Scott McFarlane. The District Attorney’s Office transcript of the wiretaps was different than what everybody else had. There were some changes that had been made. She had the page numbers and line numbers and everybody else just had the original wiretap transcript and it was different. She couldn’t identify the specific areas and pages and lines that she was referring to in the wiretaps. So, the judge told her make some copies and hand them out. Apparently there had been some changes on those wiretaps and Judge Zuniga was talking about discussing some of those transcripts. It is unknown if they’re corrected or if they’re official or whatever you want to call them. The attorneys are trying to determine if they been discovered previously. Melissa Ferreira wasn’t really able to come up with the discovery date or Bates stamp. It was really confusing and things went this way all afternoon.
Finally, she said it was discovered last July, unknown exact date. They were trying to figure out the date that Steve Jacobson had testified in last July in regard to the wiretaps. They even came back and asked me if I wanted to look at my witness list. I finally found him on July 25, 2018 and actually I think he testified a second day too, after they took a witness out of order. That’s when he testified in regard to the wiretaps.
Hans Hjertonsson has the packet that he said was supposed to have corrected and he’s confused. The judge is confused. The judge is not recalling, she says, it is a total blank, she can’t recall at all whatsoever the limine motions that were done regarding this particular wiretap. So, it’s unknown what information is or is not allowed. There was massive confusion in the courtroom and it just didn’t seem to end today.
She said the new wiretap transcript that was just brought in by Steve “the juice” Jacobson is different than what was originally approved in her ruling, but she doesn’t really know, she’s really confused. She does not even have a record of her ruling or when she ruled on it or anything else.
Hans Hjertonsson was talking about the changes. He says that he’s not sure about what changes they made, but it does appear to be the same as Marlisa Ferreira is reading is reading from now, in her cross of Scott McFarlane. He didn’t really recall that they had actually gone through that particular wiretap. They were talking about one wiretap was on July 12 or 13th, 2012, it is a call between McFarlane and Daljit Athwal. So, he was not sure what was approved or not approved or if even it was even talked about in limine motions.
The Judge cannot recall at all. She has no recollection at all. She kept repeating that over and over again like she wanted to emphasize to everybody that she can’t remember things. I wrote down here again, massive confusion, because there’s no other way to describe it. Also, apparently the judge noted, or Hans Hjertonsson noted that the Bates stamp (the identification stamp at the bottom of documents, it’s a numerical order identifier so that they can reference) was different than what Marlisa Ferreira was reading from. I believe Judge Zuniga said that. She did talk about on July 24, 2018 that Ms. Sandel had certified or authenticated the transcript from Punjab on the wiretaps, but that was just a Baljit and Daljit phone call. Judge Zuniga checked the record for what was done and approved, that’s all she had to do in the first place. She says there was some redacting that was done on that, but it was only on one wiretap. This is very difficult to follow because they’re looking at paperwork and I’m not. She also said there was nothing in regard to Scott McFarlane anything that she had not allowed order or was to be redacted. Again, was on 7/12/2012 wiretap. Judge Zuniga repeated again, just make sure everybody heard it, I guess, that she has a “total failure” of changes to that transcript on 7/12/2012 wiretap or it could’ve been the 7/13/2012 wiretap. She said normally she makes notes or writes notes on the side, but she’s got no note that she wrote down. So, she’s doesn’t know what’s been changed or what she said couldn’t be in it could be in, what needed to be redacted or not etc.
Marlisa Ferreira says it has been redacted or changed to what she turned over to the defense and that was with the changes that were ordered by the court.
Judge Zuniga, though, said there is no record of what she did. She didn’t document it anywhere apparently. Of course, they do have transcripts from limine motions. What she suggested was Marlisa Ferreira and Hans Hjertonsson discuss it and confer and see if they can agree.
Hans Hjertonsson says well, she’s claiming they made the changes, but there’s no record to confirm what was supposed to be changed and what it was supposed to be changed to.
Judge Zuniga finally finds the record and says Oh, this wiretap was not allowed at all. It is out.
Marlisa Ferreira said she wanted to use it as impeachment of Scott McFarlane.
Judge Zuniga says the problem here is the prosecutor’s office messed this up by changing the transcript on their own, not to what they were told to do, without the check and balance of the attorneys reviewing that before it was the submitted. Remember she previously ruled this wiretap was not allowed.
We took a break and let the attorneys talk. When we came back, Judge Zuniga said Hans Hjertonsson and Marlisa Ferreira had reached an agreement over differences over the transcript. The areas that Marlisa Ferreira is to cover, Attorney Hans is okay with apparently, on the 7/15/2012 wiretap, that had been ruled out, previously.
So, the judge figured out that she had ruled a wiretap not admissible. She said okay, here it is, I figured it out – it’s out and then she relitigates it. It is a kind of an ongoing issue. Marlisa Ferreira still wants to use it she wants to use it to impeach Scott McFarlane now and this gets the information in front of the jury.
(I’m a dumbass, what do I know, but I don’t know why this was allowed to be re-litigated, when she had already ruled on this issue. This is just how things go, I guess. I don’t know.
Judge Zuniga said this evidence affects Daljit Athwal directly. She gave the dates of the wiretap and she said some of these might be in dispute because of the confusion. It’s a long list that she read off and I couldn’t keep up with it. She’s going to check with the court reporters to get all the transcripts of that time and see. Part of the problem to was, I noticed the Internet’s been down in the courthouse and it lets in some pages and not others. I used to upload my reports on the courthouse internet, and it worked a lot faster and hasn’t been allowing me to do that. I can’t even log on with my iPad or my phone onto the Wi-Fi, so I’ve had to use the cell networks and it’s a lot slower because lack of signal.
Again, it sounded like that the rulings made are now going to be re-litigated again. Judge Zuniga said there is a comment that was made. Daljit Athwal was talking to Scott McFarlane and there was talk about that “fucking Frank Carson shit”. They’re in trouble for that “fucking Frank Carson shit”, something along that line. She said that’s out. She’s not going to allow that, it’s highly prejudicial and it’s inflaming.
At this point the Judge finally called the jury up. It was right at 3:30 PM. The jury was starting to get their notebooks out and she says stop, don’t bother, you’re going home for the day. So, the jury got absolutely zero testimony time this afternoon and not a whole lot this morning. Scott McFarlane was sent on his way. He’ll come back tomorrow.
Percy Martinez said objected to that reference of Frank Carson in the passage I just read talking about “fucking Frank Carson shit”.
Marlisa Ferreira argued that Daljit Athwal had said that the investigators, when they came by prior to the search warrant and the search warrant, they were looking for “some guy” and evidence and guns and such. so, they must been looking for a homicide if they’re looking for those type of things. She also noted that Daljit Athwal’s contention that he didn’t know what the search warrant was for, but the comments show Frank Carson’s involvement. Again, I noted re-litigating an issue that already been ruled on. The Judge can keep saying that she can’t remember what she’s doing. I can keep saying that they’re relitigating something already ruled on.
Percy Martinez argued that the Daljit Athwal talk about the search warrant to Scott McFarlane who asked what it said. Daljit Athwal said not sure, it didn’t sound like he knew what they were looking for but also said nothing and they had hit other properties like Frank Carson, Woody house, and in other places during the search warrants.
Percy Martinez says that the comments by Scott McFarlane in that phone call and what he was told by Daljit Athwal show he didn’t have any knowledge of the investigation prior to the search warrant and it’s not relevant.
Hans Hjertonsson argued that Daljit Athwal didn’t know what they were looking for or if they were just looking for a gun on him, because apparently that’s what they asked him when they came in. This is not impeachment of Scott McFarlane, it goes directly to his client, Daljit Athwal. He says some other statements that were made are not impeachment of Scott McFarlane. He says none of this is relevant as far Scott McFarlane is concerned.
Marlisa Ferreira said the portioned in regards to Scott McFarlane is relevant but he said he doesn’t know anything about the association of the other people that are allegedly involved in this crime, but this wiretap shows that he did prior to the search warrant cause he’s saying he didn’t know anything until after the search warrant was served and this phone call was later that night after the search warrant was served. Marlisa Ferreira said Scott McFarlane knew some things prior to search warrant and another, what she called a “critical area” that needs to be covered. She had a lot of critical areas in need to be covered. It impeaches Scott McFarlane on many levels, she said.
Judge Zuniga said the evidence shows that Scott McFarlane didn’t make a connection of the search warrant to Korey Kauffman. Prior to the search warrant, there are statements that can be for impeachment, but did the evidence did show that he didn’t really know, and he was not asking a lot of questions. Daljit Athwal was asking him about the search warrant and Scott McFarlane was telling him, he was a police officer at the time, and he kind of explains things, they have to tell him what they’re looking for and things like that. Scott McFarlane was explaining it to him down the line. Judge Zuniga was going down over some of the areas that Marlisa Ferreira wants to cover with McFarlane.
The Judge was still talking, and Marlisa Ferreira jumped in there and said that it showed that he knew about the missing person and was looking for guns, so it had to be a homicide. Judge Zuniga got very upset. She said she is admonishing Marlisa Ferreira and said this is been an ongoing issue with her constantly interrupting. She says: “I wear the robe, you don’t do that. She says you’re interrupting me while I’m recapping what you’re saying.” She said when in response to the search when he says oh really? She agrees with Percy Martinez. It is not relevant to whose property was searched or any that other information. It is just what the search warrant says. That’s all we had this afternoon. They’ve got to get some more records and more information available. It was a totally wasted afternoon. You probably don’t understand what went on today because I don’t understand what went on to this afternoon. It’s really confusing.
We’re back tomorrow. The jury is scheduled to come in 11 o’clock, my guess is they will be moved back at 1:30 PM. She does want to Hans Hjertonsson and Marlisa Ferreira in the courtroom at 9 o’clock to discuss some of these issues and come to some agreement. Which means the Judge to be there at 9:30 AM? That’s about it. There was zero jury time today in the afternoon.
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We’re back tomorrow I’m not even sure that I have enough for noon report tomorrow, it depends on what happens. We’ll see. I’ve been having trouble getting the files uploaded because the Internet issue. The other thing is I keep saying is: don’t take my word for it come to court find out for yourself. It’s really important that people do that. Good night everybody!