FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
AFTERNOON SESSION 03/07/2019
WEEK 41, DAY 145
BY WILLIAM THOMAS JENSEN (TOM)
MARLISA HAS A BAD DAY TO STOP SNIFFING GLUE
The late Lloyd Bridges did a great comedy movie titled Airplane. Everyone was freaking out, thinking they were going to die, and Lloyd Bridges, with his hair standing straight up, and a stupid look on his face said: “It’s a bad day to stop sniffing glue.” From what I heard, she got lambasted by Judge Zuniga in the morning session for using a wire-tapped conversation between Scott McFarlane and Daljit Atwal that had been excluded by Judge Zuniga. When I got into the courtroom in the afternoon session, things did not get much better for her. We had many side bar confrontations, where she walked away with a sour look on her face because she had lost her argument. She tried her best to twist the facts from interviews Kirk Bunch had done with Scott McFarlane, and the defense attorneys shot arrows into her arguments, and showed how she was trying to deceive the jury by taking statements out of context. She tried to use the compelled statement that Scott McFarlane was forced to endure with the CHP, and Judge Zuniga told her the interview was off limits to her. As the afternoon went on, I could see the bags under her eyes explode. She should remember that a brown paper bag works the best.
As I walked into the courtroom at 1:45PM, Scott McFarlane was on the stand being asked a question concerning a call that he had made to Detective Ken Barringer about some alleged information that he had been told by Robert Woody. During the call, Scott McFarlane apparently talked about the search warrant being served on Pop N Cork Liquors and had asked Detective Barringer if he should refrain from going to Pop N Cork Liquors anymore. From what I heard in court, Detective Barringer told Scott McFarlane that would be his decision, and that he could not discuss the case with him. Marlisa Ferreira tries to ask Scott McFarlane if he called Detective Barringer back, and allegedly told him that Robert Woody had told him that a storage container had been moved from the Carson property shortly after the search warrant had been served. This resulted in the loudest objections from all three defense attorneys that I have ever heard. We immediately have about a 20-minute animated side bar that did not end well for Marlisa Ferreira. She was asking a question that she did not have any foundation for. From what I hear, Robert Woody had admitted that he heard rumors of this on the street concerning this. It is my opinion that Robert Woody got involved with this mess by spouting off about rumors that he had heard on the street, and implicating himself in something that he had nothing to do with.
After the mega side bar, Marlisa Ferreira asks Scott McFarlane if Robert Woody had also provided him with some other statements. Scott McFarlane: “Yes.” Marlisa Ferreira: “Did you provide these statements?” Scott McFarlane: “Yes.” Marlisa Ferreira then tries to get Scott McFarlane to provide a time period where he observed injuries on Daljit Atwal. Scott McFarlane holds firm, and states that he does not recall when he saw these injuries. Marlisa Ferreira asked him this question in several different forms, and each time Scott McFarlane insists that he does not recall when he saw these injuries. Marlisa Ferreira now tries to ask Scott McFarlane if he knows a person named Danny Hernandez. This gets objected to, and the objection is sustained. She then asks Scott McFarlane if he knows a big heavy-set cashier who worked at Pop N Cork Liquors. This gets objected to loudly by the defense attorneys, and we have another animated side bar. Marlisa Ferreira lost this side bar and looked like she was going to explode as she was walking back to her table. It was a good time for her to reach for that brown paper bag again for sure.
Marlisa Ferreira now tells Scott McFarlane that he had indicated that the type of items being stolen from the Carson property were antique car parts. He admits that he said this during an interview with Kirk Bunch on 03/07/2014. During that same interview, Scott McFarlane admits that he told Kirk Bunch that the Athwal brothers were watching over the Carson property. Scott McFarlane admits that he told Kirk Bunch that he was not quite sure about the time frame when he learned about the spot checking. Scott McFarlane states: “That is my recollection” when he was asked if he found out about the spot checking at the same time, he found out about Frank Carson getting stuff stolen. Scott McFarlane is not asked if his rototiller was a gas operated rototiller. Scott McFarlane: “Yes.” Scott McFarlane testifies that his truck was running on the side lot of Pop N Cork Liquors when he off loaded a load of manure on the side lot. He testifies that it took him 2-3 hours to finish his rototilling of the side lot. Scott McFarlane states that he did the job all by himself. He states that he did the job during the afternoon, and it was daylight hours. He states that he told Daljit Atwal and Baljit Athwal when the job was done.
Marlisa Ferreira now tries to ask Scott McFarlane if he took CHP Officer Tom O’Keefe to the side lot of Pop N Cork Liquors. This gets objected to, and we have another animated side bar. Marlisa Ferreira wins this side bar and asks Scott McFarlane the same question. Scott McFarlane: “Yes.” He states that he took Tom O’Keefe to the side lot one time during the evening. He states that Daljit Atwal was present during that occasion. Scott McFarlane testifies that it was a socializing event. Marlisa Ferreira now asks Scott McFarlane if he worked with CHP Officer Tom O’Keefe in Merced. Objection, sustained.
Marlisa Ferreira now tries to ask Scott McFarlane if he had received a letter from the CHP informing him that he was not to go to Pop N Cork Liquors anymore. We have a simultaneous loud objection from all three defense lawyers. This results in another very animated side bar. Marlisa Ferreira lost this side bar, and she walks away with another sour look on her face. It is time for that brown paper bag again. It is now 2:45PM, and Judge Zuniga sends the jury out of the courtroom early for their 3:00PM break. It seems to me that she is wanting to ask leading questions to Scott McFarlane. She states that it is in her re-direct examination. It is announced that Victor Navar will be on the stand tomorrow. Judge Zuniga seems to be getting irritated with the length of her questioning and asks Marlisa Ferreira how much longer she has to go. Marlisa Ferreira states that she only has a couple of additional questions depending on how Scott McFarlane responds to the questions.
At 3:12PM, we are back in the courtroom, out of the presence of the jury. Judge Zuniga states that she has gone through the transcripts, and states that the question concerning the letter from the CHP came up on cross examination. Judge Zuniga states that the objection by the defense is overruled. I guess Marlisa Ferreira can briefly put down that brown paper bag. Marlisa Ferreira now brings up another issue where she was prevented from asking about Scott McFarlane’s notice of termination. Judge Zuniga asks her what relevancy this question has. The judge tells Marlisa Ferreira that she has already ruled on this issue during a side bar. Marlisa Ferreira argues back and tells Judge Zuniga that Scott McFarlane denied receiving a letter of termination on the stand. Marlisa Ferreira: “I know he got it.” Marlisa Ferreira states that Scott McFarlane was able to get his employment file, and that she believes that his letter of termination was contained in that file. She states that she wants to impeach Scott McFarlane with this. Judge Zuniga tells Marlisa Ferreira that she went over everything in this confidential employment file with the Attorney General, while Steve Jacobson was present. Judge Zuniga: “Your request is denied, it is privileged information.” Marlisa Ferreira once again looked like she was going to pop. It was another brown paper bag moment.
At 3:25PM, the jury and Scott McFarlane are back in the courtroom. Marlisa Ferreira tells Scott McFarlane that he has testified that he did not receive a letter of termination. Marlisa Ferreira: “Do you recall CHP Officer Tom O’Keefe getting one?” Scott McFarlane: “I do not recall.” Next was a very confusing question about whether Scott McFarlane had given information to Detective Ken Barringer on 07/17/2013 about information that had been shared to him by Daljit Atwal between July 12th and July 13th of 2013. Scott McFarlane: “No.” Marlisa Ferreira: “Did you tell Detective Ken Barringer that you knew that Baljit Athwal and Robert Woody had gone to Michael Cooley’s house?” Scott McFarlane: “No.” Marlisa Ferreira has no further questions.
Hans Hjertonsson now takes over asking the questions. Hans Hjertonsson asks Scott McFarlane asks Scott McFarlane about the last question that Marlisa Ferreira had just asked about telling Detective Ken Barringer about knowledge of Baljit Athwal and Robert Woody going to Michael Cooley’s house. Hans gets Scott McFarlane to state that he denied knowing this prior to 07/15/2012 but had told law enforcement about his knowledge after that date. Hans Hjertonsson reminds Scott McFarlane that during the March 8th interview Kirk Bunch had asked him if he told Baljit Athwal and Daljit Atwal that Korey Kauffman lived next door to him, and he had told Kirk Bunch that he did not recall. Hans points out that Scott McFarlane, after being refreshed said: “I’m sure I did” but in the very next sentence states:” But I don’t recall.” Hans tells Scott McFarlane that Kirk Bunch told him at the beginning of the interview that the investigators had developed a law enforcement informant who shared information that said that his name had come up, and said that Scott McFarlane had a conversation with the Athwal brothers about Korey Kauffman being his neighbor, and that Scott McFarlane had told Kirk Bunch: “No, I don’t remember that conversation.” Hans Hjertonsson now tells Scott McFarlane that Kirk Bunch then asked him if Walter Wells was present as part of the conversation, and that Scott McFarlane had told Kirk Bunch that he can’t confirm this because he does not remember it.
Hans Hjertonsson now reminds Scott McFarlane that Marlisa Ferreira had asked him about CHP Officer Domby asking him if he was aware of the Athwal brothers spot checking the Carson property, and that Scott McFarlane had told Domby: “Yes, based on the fact that they stopped by Michael Cooley’s house to warn him against stealing from the Carson property.” Hans Hjertonsson: “Was that the first time you became aware they were watching over the Carson property?” Scott McFarlane: “Yes.” Hans Hjertonsson points out that it has been stipulated that the trip to Michael Cooley’s house happened in May of 2012, which is a full two months after Korey Kauffman went missing.
This really shoots a big hole in the prosecution’s case. After some questions that were shot down, and a side bar, Scott McFarlane states that he did talk to Daljit Atwal about Korey Kauffman being his neighbor, and Daljit Atwal told him that he did not know who Korey Kauffman was.
Hans Hjertonsson now asks Scott McFarlane about two wire tapped telephone calls that Marlisa Ferreira had asked him about that happened on 07/12/2012 and 07/13/2012. Scott McFarlane states that Daljit Atwal was venting his frustrations during the conversations. Scott McFarlane states that Daljit Atwal was hard to understand on the phone calls. Scott McFarlane testifies that he told CHP Officer Domby that Daljit Atwal proclaimed his innocence. Hans has no further questions.
Jai Gohel asks Scott McFarlane about how Marlisa Ferreira had asked him questions concerning his right to a lawyer during his compelled statement at the CHP Office. Scott McFarlane states that he was read his rights and told the CHP Officers at that time that he was prepared to give a statement. Scott McFarlane states that the officer left for about 20 minutes, and said it was best if he did not read him his rights, and then had told him that he was forcing him to make a statement without an attorney. Scott McFarlane states that he had a representative that was a criminal attorney. Jai Gohel: “Did you have a clear understanding to your rights to have an attorney?” Scott McFarlane: “No.” Jai Gohel: “You mentioned you reviewed the Ramey Warrant, what was the Ramey Warrant?” “Was there information that contained affidavits from police officers on information that they believed was true?” Scott McFarlane: “Yes.” Scott McFarlane states that the only time Korey Kauffman was mentioned at Pop N Cork Liquors was after the flyer was put up. Jai Gohel has no further questions.
Percy Martinez takes over asking the questions. Percy Martinez gets Scott McFarlane to state that he saw pieces of a blue tarp, and pieces of blue jeans on the tines of his rototiller when he rototilled the side lot of Pop N Cork Liquors. Scott McFarlane states that he rototilled 10-12 inches deep, and did not notice any foul odors. Scott McFarlane states that he did not detect any foul odors from the pieces of the blue tarp, or the pieces of the blue jeans. Percy Martinez: “Did you about Robert Woody and the Athwal brothers spot checking the Carson property before Korey Kauffman went missing?” Scott McFarlane: “Yes.” Percy Martinez: “You said “Yes” based on Robert Woody and Baljit Athwal stopping by Michael Cooley’s house to warn him against stealing from the Carson property?” Scott McFarlane: “Yes.” Percy Martinez: “That was the first time you knew they were stealing from the Carson property?” Scott McFarlane: “Correct.” Percy Martinez has no further questions. We now have a side bar.
Marlisa Ferreira now goes on re-re-direct. Marlisa Ferreira points out that Scott McFarlane had initially said that he first became aware of the spot checking of the Carson property before Korey Kauffman went missing. Scott McFarlane states that was his recollection at that time. Scott McFarlane states that it now his recollection that he first realized the Athwal brother were spot checking the Carson property after Baljit Athwal and Robert Woody drove by Michael Cooley’s house to warn him against stealing from the Carson property. Scott McFarlane states that he was aware of the flyers that were put up about Korey Kauffman going missing. Marlisa Ferreira tries to nail down that Scott McFarlane had said that he was sure he had a conversation with Daljit Atwal and Baljit Athwal about Korey Kauffman being his neighbor. Marlisa Ferreira now gets Scott McFarlane to admit that Adam Stewart, a criminal lawyer, was present during his compelled statement at the CHP Office. Scott McFarlane denies that Adam Stewart was from the same law office as his current lawyer Larry Niermeier. Marlisa Ferreira gets Scott McFarlane to state that he dug up pieces of blue tarp and blue jeans when he was rototilling. Marlisa Ferreira has no further questions.
Hans Hjertonsson takes over and asks Scott McFarlane how Marlisa Ferreira had just asked him about how he said he was sure he did have the conversation with the Athwal brothers about Korey Kauffman being his neighbor. Hans Hjertonsson points out the very next sentence in the report has Scott McFarlane saying: “I don’t remember having that conversation at all.” Hans Hjertonsson now asks Scott McFarlane if Daljit Atwal had told him about people coming over and asking him questions about Korey Kauffman, and that Daljit Atwal had told him that he did not know anything at all. Scott McFarlane: “Correct.” Hans Hjertonsson has no further questions. We are finally done with the testimony of Scott McFarlane. Marlisa Ferreira looks stressed. It is time for that brown paper bag again.
Sincerely; William Thomas Jensen (Tom)