FRANK CARSON ET AL 3-8-2019 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

PARTIAL DAY OF TESTIMONY 03/08/2019

WEEK 42, DAY 148

BY WILLIAM THOMAS JENSEN (TOM)

ANOTHER CAREER CRIMINAL ON THE STAND

 

I had my usual things early in the morning that I had to take care of, and I was able to enter the courtroom at 11:00AM. Victor Navar, is on the stand, and Marlisa Ferreira is about three quarters through her direct examination. Mr. Navar is a career criminal and appears to me to be a very dangerous man. I did not trust what was coming out of his mouth, and I am sure that the jury feels the same way. I look at Mr. Navar as Marlisa Ferreira’s last gasp of air as her Case in Chief sinks below water. Please listen to Marty Carlson’s Noontime report to find out what his fictional testimony was before my 11AM arrival.

As I walk into the courtroom, Victor Navar is testifying that Baljit Athwal had been asked by Frank Carson to find someone to get rid of Korey Kauffman. We have a side bar requested by Percy Martinez. During the side bar, I could see Victor Navar trying to read the lips of the attorneys and the judge. He did not take his eyes off of them as they were talking. After the side bar, Victor Navar states that he is sure Baljit Athwal told him that Frank Carson had told him to find someone to get rid of Korey Kauffman. He is not sure if he heard this from Daljit Atwal. Marlisa Ferreira refreshes him on this, and he states that he said that he was sure he heard this from Daljit Atwal as well. Marlisa Ferreira asks Mr. Navar if he spoke to Daljit Atwal and Baljit Athwal about his own case. This gets objected to for relevance, and we have another side bar. After the side bar, Marlisa Ferreira gets Victor Navar to state that he provided facts about his pending case to the Athwal brothers. Marlisa Ferreira: “Why?” Victor Navar: “I trusted them.” He states that they were wearing red and white jump suits, which indicates that they are being charged with murder. He was wearing the same colored jump suit. Victor Navar testifies that he had resolved his case prior to providing information about the Carson case. Marlisa Ferreira asks him if he has an offer for a deal. Victor Navar states something about 16 years, and there is an objection for misstating the evidence. This is overruled. Victor Navar states that after his testimony he will have his sentence reduced to eleven years for a reduced charge of voluntary manslaughter.

Marlisa Ferreira shows Mr. Navar the People’s 755, which is his testimonial agreement where he plead guilty to voluntary manslaughter in order to get an 11-year deal. We now have another side bar. Marlisa Ferreira moves the People’s 755 into evidence. Marlisa Ferreira gets Victor Navar to admit that he first denied any involvement in the robbery because he did not want to go to jail. We have another side bar, and then another side bar. Eventually, Victor Navar states that Daljit Atwal told him that he had done Korey Kauffman a favor because he was worthless, and he might as well be dead. Marlisa Ferreira has no further questions.

Jai Gohel takes over on cross examination. He gets Victor Navar to admit that he had just stated that he lied in an interview on 06/20/2012 because he did not want to go to jail. Jai Gohel gets Victor Navar to admit that he fled to Mexico, was apprehended. Jai Gohel starts listing all of the crimes that Victor Navar has been convicted of during his extensive criminal history. In 2002, Victor Navar was convicted of Felony evading a police officer with willful wonton disregard for the safety of the public. In 2004, he was convicted of the same thing. In 2009, he was convicted of the same thing again. In 1995, he was convicted of falsely representing himself as another person to a police officer. In 1998, he was convicted of the very same charge. In 1999, he was convicted of the very same charge. At this point, I could see Marlisa Ferreira bouncing in her chair. She looks nervous. It could be another brown bag moment. Jai Gohel brings out that Victor Navar was convicted in 2000 for Felony receiving stolen property and second-degree burglary. In 2000, he pleaded no contest to inflicting traumatic injuries to his spouse. On 02/23/2018, Victor Navar pleaded guilty to Voluntary Manslaughter. His original charge in that case was first degree murder, and he was facing a 25 to life sentence.

In his 02/23/2018 case, Marlisa Ferreira had stated that she did not do the prosecution, and that Jeff Lugero had done the prosecution. Jai Gohel tries to show him the People’s 755, which clearly shows that Marlisa Ferreira was the prosecutor in the courtroom on 02/23/2018. Judge Zuniga sends the jury out at 11:52AM and instructs them to be back in the courtroom at 2:00PM. Victor Navar is taken off the stand. Judge Zuniga states that she does not understand Marlisa Ferreira’s objection to Jai Gohel stating that Victor Navar was originally facing 25 years to life. Marlisa Ferreira gives some ridiculous argument about it being irrelevant. Judge Zuniga overrules her objection. Hans Hjertonsson states that Marlisa Ferreira had said Victor Navar was facing 16 years, and that is not reflected in the documents. Jai Gohel states that he is going to call Jeff Lugero to the stand to clear up who prosecuted Victor Navar on 02/23/2018. We now take our lunchtime break.

At 1:36PM, Judge Zuniga tells Marlisa Ferreira that the word benefit was never used, and that she had withdrawn her objection to the People’s 755 being used by Jai Gohel. Marlisa Ferreira objects to Jai Gohel using the transcripts that were transcribed by a private recording service that was used by the defense. She states that she has found some words that are missing or have been changed. Judge Zuniga tells Marlisa Ferreira that there are some differences, and that yesterday, she had disagreed with some transcripts that were prepared by Steve Jacobson. She tells Marlisa Ferreira that she does not know if Marlisa Ferreira’s transcripts are more accurate than the ones that the defense wants to use. Jai Gohel states that he can do most of his cross examination without using the transcripts, and states that he wants to be done with this guy. Jai Gohel states that he wants to reserve on one or two issues that are contained in the transcripts. Judge Zuniga tells Jai Gohel that she agrees with him but tells Jai Gohel that he can’t use the transcripts to refresh Victor Navar.

It is now 2:00PM, and the jury is in the courtroom, and Victor Navar is on the stand. Jai Gohel asks Victor Navar about an interview that was done on 04/20/2017 with Kirk Bunch, Deputy Johnson, and Marlisa Ferreira present. Victor Navar admits that was the interview where he discussed with the investigators about what the Athwal brothers had revealed to him. Victor Navar admits that Marlisa Ferreira was the one who asked him the questions, and he signed his testimonial agreement. He states that Marlisa Ferreira signed his testimonial agreement on 02/23/2018. Victor Navar states that Jeff Lujierro(sp?) did not sign the agreement. Victor Navar states that on 02/2/2018, he had entered his plea agreement and plead guilty to voluntary manslaughter. He states that Marlisa Ferreira appeared for the People, and did all the talking. Jai Gohel points out that when Marlisa Ferreira had asked him about Jeff Lujierro(sp?) had represented the People in his case, that was incorrect. Jai Gohel points out that Marlisa Ferreira had signed the testimonial agreement, went to court, took the plea deal, and had conducted the interview. Jai Gohel points out that in 2012, Victor Navar had been charged with First Degree Murder, and was looking at 25 years to life. Victor Navar denies that this is true. Jai Gohel wants Judicial Notice that this is true. Marlisa Ferreira spouts out that she will stipulate that this is true. Victor Navar admits that he is 43 years old. Jai Gohel tries to get Victor Navar to admit that a sentence of 25 to life would possibly mean that he would spend the rest of his life in prison. Victor Navar does not admit that would mean that he would spend the rest of his life in prison. Jai Gohel points out that Victor Navar lied in 2012, got caught in Mexico, and lied to avoid going to jail. Victor Navar admits to this on the stand. Victor Navar states that he would not lie to avoid going to prison. I think this is certainly a lie. Jai Gohel: “Have you been to prison?” Victor Navar: “Yes.” We have an objection, and another side bar. The objection is overruled. Victor Navar states that he has been to prison. Victor Navar admits that he cooperated in a case against a Norteno gang member named Richard Garcia. Jai Gohel: “Do Norteno gang members have friends?” We have another side bar. After the side bar, Jai Gohel asks Victor Navar if he is aware that people who have testified as informants are at risk. Victor Navar states that depends on where they are housed. Jai Gohel brings up an interview that was done by Detective Martin, and Detective Dale Lingerfeldt. Judge Zuniga is provided a copy of this interview and reads it. Jai Gohel gets Victor Navar to admit that during this interview, he told the investigators that he doesn’t want to go to jail, because he is “PC’d Up.” P.C. refers to being placed in protective custody. Victor Navar states that he is not afraid of testifying against an active Norterner would cause him to be killed. Jai Gohel shows Victor Navar that he had told the investigators in this interview that: “I just had an active Northerner, fuck they are going to kill me.” In the interview he states this because he had just testified against Richard Garcia. Victor Navar admits that Richard Garcia is a Norteno gang member. Victor Navar states on the stand that he does not feel at risk because he testified against a Norteno gang member. This does not make any sense to me given what he said during his interview. It is clear to me that he has just lied. Victor Navar speaks about not being at risk when he is on a protective custody yard vs being on a general population yard. He states that he has been on both over the years. We have another side bar. Jai Gohel asks him if there are prison politics when he is in protective custody. Victor Navar: “Not that I know.” I know that this is a lie. Many inmates are killed while in protective custody. Victor Navar states that he has only been in protective custody for 2-3 months and has been continuously been in jail since 2012. He states that he was housed in the old jail in downtown Modesto. Jai Gohel asks him if he washes his clothes in the sink of his cell. He states that he does this sometimes. Jai Gohel asks Victor Navar if he has to use the toilet in front of people, and Victor Navar states that he puts up a curtain. He denies that he is told when he has to get up while in prison, because he decides if he wants to eat his breakfast or not. We have another side bar. It is a short side bar. He states that he is told when he can go to the exercise yard when he is in prison. He states that he has to sign up the day before he can make a telephone call, and he has a toilet in his cell. Jai Gohel: “Is the food bad?” Victor Navar: “I eat it.” He states that he does have visits from his family while in prison. He states that he has these every 90 days, and is only allowed to have a hug or a kiss. Jai Gohel points out that Victor Navar is wearing a black shirt and a yellow tie today. Jai Gohel: “The color is perfect.” Judge Zuniga gives Jai Gohel a stern look and says: “No Sir.” Judge Zuniga strikes Jai Gohel’s last comment. Jai Gohel: “These clothes are not what you normally wear?” Jai Gohel:”Do you wear a red and white jump suit?” Victor Navar: “No, I wear an orange and white jump suit.” He states that he has been in jail continuously for 6 ½ to 7 years, and is currently dressed up for his court appearance. Jai Gohel now states that Victor Navar has testified during this trial that he was housed in the same jail with the Athwal brothers for around 14 days. Jai Gohel states that the Athwal brothers were in cells 8 and 9. Jai Gohel states that in fact, he was housed in the same facility with the Athwal brothers between October 3, 2016 and October 13, 2016, and that works out to ten days.

Jai Gohel speaks about Victor Navar having a prior interview with Detective Jon Evers about another case in September. I am not sure what year that was. Jai Gohel states that his alleged conversation with the Athwal brothers had not happened by then. Jai Gohel now points out that Victor Navar had another interview on 04/20/2017. Victor Navar denies that the Frank Carson was big news while he was in jail. Jai Gohel points out that Victor Navar had been in jail from 06/15/2012 to August 15, 2015. Jai Gohel now points out that the defendants in the Carson case were arrested on August 14 or August 15. Victor Navar states that he was not aware of the arrests in the Carson case. Victor Navar denies hearing anything about the Carson case during the 14 months. He states that he met the Athwal brothers on 07/29/2016. Victor Navar denies hearing anything about the Carson Case between August of 2015 to October 03, 2016. He states that he became aware of the Athwal brother being involved in a murder around July 29th, because they were wearing red and white. Victor Navar was housed 6 cells away from the Athwal brothers while in San Joaquin County, but was in the cell right next to the Athwal brothers when housed in the downtown jail. He states that there was a TV by his cell, and he had the control to the TV while he was housed next to the Athwal brothers. He states that Deputies would walk past the cell, and the TV was loud sometimes. He states that the jail was loud almost all the time with people yelling. He states that Daljit Atwal confessed to him and admits that Daljit Atwal has a thick accent. He states that he was not able to see Daljit Atwal from his cell but could use a mirror if he wanted to see him. He states that he did not use a mirror for the confession. He states that they could whisper to each other from their cells. Victor Navar states that he was aware that the Athwal brother were involved in a Preliminary Hearing. He denies reading the Modesto Bee, and states that nobody gets the Bee while in the downtown jail. I know that is a lie after talking to the defendants. Victor Navar states that he did not see any news on TV about the Carson case, and denies being able to read the Turlock Journal. Jai Gohel asks Victor Navar if he was able to read Dawgsblog. Victor Navar states that he had no access on the internet. It is now 2:54PM, and we take our afternoon break.

 


It is now 3:20PM, and Jai Gohel asks Victor Navar if he ever read the Ramey Warrant online. Victor Navar once again states that he had no access to the internet. Jai Gohel asks Victor Navar if he was able to talk about the case while visiting with his girlfriend. He does not recall doing that. Victor Navar denies his girlfriend ever holding up a sign for him to read during a visit. He does not recall telling her to stop a conversation and telling her to visit him so that they could talk. Victor Navar admits that he received a 21-year deal offer on 09/30/2015. It was the first offer that he was presented. That offer worked out to 11 years for voluntary manslaughter, and 10 years enhancement for the use of a gun. That offer was presented when he was in Judge Ashley’s court, and Jeff Lujierro(sp?) was the prosecuting DA that was present. Jai Gohel points out that Victor Navar has testified that he spoke with Detective Jon Evers in September of 2016 about getting a better deal. Jai Gohel points out that his current deal if for 11 years. Jai Gohel speaks about Victor Navar getting another offer as well. Jai Gohel asks Victor Navar about his involvement in a robbery. Victor Navar states that he did not steal anything. Jai Gohel: “Did you shoot a gun and kill somebody?” Objection, sustained. Jai Gohel speaks about how a shotgun was used, and how two people had died. Victor Navar disputes that.

Jai Gohel points out that Victor Navar had been offered an 11-year deal by Marlisa Ferreira and will actually only have to serve 85% of that time. That works out to 9.5 years. Jai Gohel points out that Victor Navar has already been in custody for 7 years. Jai Gohel states that Victor Navar could be out in 2.5 years. Victor Navar denies that he planned the robbery. He denies that he intended to rob some weed. He denies that he told Detective Martin that he was there to rip off some dope. He admits that he told Detective Martin that he was there to: “Just come up on weed.” Victor Navar states that the term “Come UP” means to buy weed. We have another side bar.

Jai Gohel tells Victor Navar that Detective Martin had asked him, and he had told Martin that a rifle was used in the robbery. Jai Gohel says therefore he was planning on doing a robbery. Victor Navar denies that. We have another side bar. After the side bar, Jai Gohel points out that Victor Navar had admitted to Detective Martin: “OK, I went out to rob dope.” Victor Navar reads the transcript of his interview, and still denies saying that to Detective Martin.

Victor Navar admits to knowing Armando Rubio. Jai Gohel points out to Victor Navar that he was told by Detective Martin on 06/15/2012: “Do you realize that was Armando Rubio that died?” Victor Navar replied to Detective Martin: “No, I didn’t know.” Detective Martin: “Yea, he’s dead.” Victor Navar: “Oh” Victor Navar states that he did not read the news about this because he was on the run and had been hiding. He states that: “They told my girlfriend it was a double homicide?” We have another side bar. Jai Gohel points out that later on in the interview, he admitted that he had read about 2 people dying on his cell phone. This shows that he lied about being able to use the internet. Victor Navar denies saying this during his interview. This seems like another lie to me. Jai Gohel refreshes Victor Navar on this issue, and he finally admits that he said this. He admits that he found out that one person died, and another person was found dead on the side of the road where he had left off Armando Rubio. He left Armando Rubio on the side of the road where he blead out from his wounds. Jai Gohel: “Ms. Ferreira is giving you 11 years?” Victor Navar: “Yes.” Jai Gohel: “You are going to be out in 2.5 years?” Victor Navar: “I don’t know.” Jai Gohel: “Your whole family considers you to be a conn artist?” We have another side bar. It is now 4:03PM, and we are done for the day. It is announced that court will resume on Tuesday at 9:30AM. There will be no court on the 14th. How anyone can believe Victor Navar is beyond me. To let such a criminal out in such a short amount of time is beyond me. It is like Praveen Singh all over again, but Praveen Singh might not even have to stand trial. The things our Stanislaus County DA’s Office will do to persecute the innocent are beyond belief. I have very little faith in our criminal justice system. Justice has been manipulated to the point where there is no justice. Just venting folks.

Sincerely; William Thomas Jensen (Tom)

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