FRANK CARSON ET AL 3-13-2019…….(TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

ENTIRE DAY OF TESTIMONY 03/13/2019

WEEK 43, DAY 150

BY WILLIAM THOMAS JENSEN (TOM)

VICTOR NAVAR, A MAN OF PEACE

 

Today, Marlisa Ferreira tried to portray Victor Navar as being what I jokingly call a “Man of Peace.” I think it would be more appropriate to call him a “Man of Piece.” We heard arguments by the defense attorneys today about a very ugly incident Victor Navar was involved in that shows just how dangerous and out of control this man actually is. It seems as though Victor Navar thought that his wife was cheating on him and assaulted his wife in a very ugly way. He thrust his hand down into her crotch and checked out her vagina to see for himself if she had just cheated on him. This was done in front of his young daughter. During the incident, his wife tried to call 911, and he ripped the phone wires from the wall. After the incident, he “Stole” his daughter, and drove away with her. Victor Navar was charged and tried in this incident. The defense wants to present this to the jury, in order to counter Marlisa Ferreira’s arguments where she is trying to show the jury that he is not a dangerous, bad criminal. She is actually trying to show that he is kind of a good guy. The defense is arguing that she has opened up the door for them to show some of the ugly things that Victor Navar has done. There is some confusion about what he was actually convicted of in this case, and Judge Zuniga is getting the court records, and will rule on the admissibility of this evidence when court resumes on Friday morning.

We start out at 9:35AM with Judge Zuniga going through the transcripts of an interview, to determine what can be presented to the jury. Judge Zuniga cites three cases that will guide her in her decisions. Judge Zuniga cites Cortez, Gallardo, and Almeda as the case law rulings that she will use. She states that the statements must be self-incriminating. Marlisa Ferreira states that she did not argue that she had shown a conspiracy between the defendants to catch Korey Kauffman and kill him. Because of this, she states the statement she wants in is a declaration against penal interests. Marlisa Ferreira states that Victor Navar says what was agreed upon by the defendants was a verbal contract.

Percy Martinez states that the court has already ruled on this issue, and Marlisa Ferreira has not argued anything new. Marlisa Ferreira states that Baljit Athwal called Robert Woody, and therefor is implicating himself. Judge Zuniga tells Marlisa Ferreira that she wants to add an uncharged conspiracy to commit murder to her ever-changing theories on this case. Marlisa Ferreira says “Yes,” that is exactly what she wants to do. Judge Zuniga tells her that the law requires a prima fascia case for this allegation. Judge Zuniga: “What you elicited from him was your interpretation of what was going on. Judge Zuniga: “No Mam.” Judge Zuniga: “Based on the evidence in front of me, I can’t find that.” Judge Zuniga: “Motion denied.” Marlisa Ferreira looked pissed. It was certainly another brown bag moment for her. Inhale, exhale, better. Marlisa Ferreira argues about a portion of Victor Navar’s testimonial agreement that was excised by the judge. She now states that there is also an issue about two other sections, and one was not reserved that concerned testimony about Robert Woody’s dental treatment.

Marlisa Ferreira speaks about the testimonial agreement, and that the bad side of Victor Navar has already been shown by the defense. She states that she wants to counter this by showing his good character. I see no good character that I can ascertain from his testimony. This man seems to fit his prison nick name of “Animal.” Marlisa Ferreira wants to show how Victor Navar helped out in a potentially dangerous inmate/guard situation. All of the defense attorneys stated that they had no objections to Marlisa Ferreira trying to show Victor Navar’s kinder/gentler side. They seem eager for her to do so, and state that this will open the defense up to being allowed to show more of his ugly side. Marlisa Ferreira accuses of the defense of threatening her with this argument. Jai Gohel states that this is the second time that Marlisa Ferreira has accused the defense of threatening her. Jai Gohel states that there is a child endangerment case that Victor Navar was involved in that he wants to present to the jury. Judge Zuniga looks through Victor Navar’s rap sheet. This takes a very long time, and after her analysis, it is apparent that the rap sheet is blatantly wrong and incomplete. She is going to get this information from the court before we can finish this argument. Judge Zuniga: “Bring out Mr. Navar.” Victor Navar is brought to the stand, and at 10:19AM the jury is brought into the courtroom. Marlisa Ferreira has only one remaining question for Victor Navar. She gets Victor Navar to admit that he had said on cross examination that the Athwal brothers were upset with Robert Woody’s attorney. Victor Navar states that it was actually Baljit Athwal that had voiced this concern. Marlisa Ferreira has no further questions.

Jai Gohel takes over asking the questions. He reminds Victor Navar that he had testified yesterday that he brought $150,000 to a house in Modesto occupied by a man named Jaime Carillo to purchase 66 pounds of marijuana. Victor Navar states that he left the money in the trunk of his black Mercedes car. Jai Gohel now tells Victor Navar that he had told an investigator that he had an AR-15 rifle with him. This immediately gets objected to, and we have a side bar that lasted about twenty minutes. During the side bar, it is revealed to me that DA Investigator Steve Jacobson is out in the hallway with Kevin Pickett, having a very detailed conversation with him. Kevin Pickett is the next witness scheduled to testify, and I think this conversation should not be happening at all. But what do I know, I am just an idiot. At 10:48AM, judge Zuniga states that we are going to take a break until 11:10AM. She has Victor Navar step down from the stand.

At 11:15AM, Jai Gohel tells Victor Navar that he had told the investigators that he had a rifle with him when he went to purchase marijuana with around $160,000. Jai Gohel tells Victor Navar that he shot the rifle, and killed one person, and wounded another person. Jai Gohel tells Victor Navar that he had told the investigators that Mr. Rubio, his accomplice, had brought a fully automatic 9mm gun, and had shot someone, and was shot himself. Jai Gohel now states that Victor Navar had told the investigators that they ran off from the scene and got into Victor Navar’s Mercedes car. Victor Navar had to be refreshed on most of this, but admitted to this on the stand. Victor Navar denies that Mr. Rubio told him that he had been “Hit.” Jai Gohel now shows Victor Navar how he had told Detective Martin, after he had been apprehended in Mexico, that Mr. Rubio had told him: “Man, I’m hit.” Victor Navar reluctantly admits on the stand that he had told Detective Martin this during the interview. Victor Navar admits that Mr. Rubio then told him: “Take me to Eddy’s house.” Victor Navar admits that he had told Detective Martin that Mr. Rubio was: “Going in and out and was pounding his head trying to stay conscious.” Victor Navar admits that he told Mr. Rubio to “Wake up.” Victor Navar states that he left Mr. Rubio on Eddy’s driveway, because he did not want to go to a hospital. He states that Mr. Rubio was a good friend. Victor Navar admits that he was told by Detective Martin that Mr. Rubio died where he left him. He bled out. He admits that he knew that Mr. Rubio died, and that it was Detective Martin who had told him. Jai Gohel gets Victor Navar to admit that he had testified that he went to buy marijuana, and to not steal marijuana. Jai Gohel points out how absurd this is by showing how Navar and Rubio had gone to the house with a rifle, and a fully automatic 9mm gun. Victor Navar states that he went with these weapons to protect the money that was left in the trunk of his Mercedes. Victor Navar admits that he testified that the other people started shooting. Victor Navar states that both parties in the transaction were wrong, because it is illegal in California to buy or sell marijuana.

Jai Gohel: “Did you plead guilty to voluntary manslaughter?” Victor Navar: “Yes.” He was originally charged with murder, and was facing 25 years to life. Now, after testifying in this case, he was allowed to plead guilty to voluntary manslaughter, and could be out of jail as soon as 2 ½ years. What a country! Jai Gohel: “You never planned to rob the people?” Victor Navar: “Correct.” Jai Gohel now impeaches Victor Navar with his interview with Detective Martin. Marlisa Ferreira objects, and Judge Zuniga tells her: “I am not sure what you are objecting to Mam.” Marlisa Ferreira looks like she is going explode once again. It is another brown bag moment. Inhale, exhale. Victor Navar has to admit that he told Detective Martin that he was supposed to run in, and grab the dope, and run out. He states that he was going to sell the dope to pay off bills and stuff. He admits that told Detective Martin that they were going to try to scare the people, and: “Shit, everything went wrong.” Jai Gohel tells Victor Navar that he never told Detective Martin about bring $160,000 to buy the marijuana. Victor Navar: “I think I did, yes.” This gets objected to, and the objection is overruled. It is another brown bag moment for Marlisa Ferreira. She is watching her witness being torn apart on the stand. Victor Navar denies that Mr. Rubio flashed his gun to steal the marijuana. Victor Navar: “I would have took it.”

Jai Gohel tells Victor Navar that he told Detective Martin that they planned out the theft at Jaime’s house. Objection, sustained. Jai Gohel: “You planned something out, a purchase, and Armando Rubio showed a gun to scare them so you could then grab the dope?” Victor Navar: “Correct.” Victor Navar denies that when they planned the theft about one week before, that he had a gun with him. Jai Gohel now impeaches Victor Navar with some pages from his interview with Detective Martin. Victor Navar, aftger being refreshed, admits that he told Detective Martin that he had his rifle with him while they were planning the theft. Remember, this rifle was actually an AR-15, but the defense has been forbidden to speak about an AR-15 in front of the jury.

Jai Gohel asks Mr. Navar if he had bills to pay. Victor Navar: “Yes.” Jai Gohel: “Why not pay the bills with the $160,000?” Victor Navar: “The $160,000 was not mine.” Jai Gohel: “Were you on parole at the time?” We have an objection, and a side bar. I could see Marlisa Ferreira fuming as she walked back from the side bar. It was another brown paper bag moment. Inhale, exhale. Jai Gohel: “At the time of the “Purchase” were you on parole?” Victor Navar: “Yes.” Jai Gohel: “Were you supposed to report your assets?” Victor Navar: “No.” Victor Navar now says it was $198,000, and it was not his money. Jai Gohel: “Where did the money go?” Victor Navar: “To Armando’s uncle.” Jai Gohel: “Did you abandon the vehicle?” Victor Navar states that he abandoned the vehicle about 45 minutes later, and took the money with him. He states that a man named Alejandro Velasquez came to where he was at, and followed him to the owner of the money, where he dropped it off. Jai Gohel: “Did you call Alex or Vanessa?” Victor Navar: “Yes.” Jai Gohel: “Did you tell them to go where Armando was at?” Victor Navar: “Yes.” Victor Navar states that Alex or Vanessa called an ambulance, and then they all left the scene. They did not wait for the ambulance to arrive. Victor Navar states that they then went to a house, and later went to Mexico.

Victor Navar testifies that he is not sure if he read the statement of Alejandro Velasquez. Jai Gohel: “in your mind, you were just defending yourself?” Victor Navar: “Correct.” Jai Gohel: “Why did you run off to Mexico?” Victor Navar: “Scared.” Jai Gohel: “When you were brought back from Mexico, did you tell Detective Martin that you shot the gun in self- defense?” Victor Navar: “Yes.” Jai Gohel: “Isn’t it true that you denied even touching a gun?” Victor Navar: “Yes.” Jai Gohel: “Isn’t it true that you denied shooting a gun?” Victor Navar: “Yes.” Victor Navar now admits that he testified on re-direct that he gave Alejandro Velasquez both methamphetamine and marijuana, and paid him $250 to take him to Mexico. Jai Gohel asks Victor Navar if it was in front of this jury that he first said that he shot two people in self- defense. This gets objected to, and the objection is sustained. It is now time for our lunchtime break.

I enter the courtroom at 1:39PM, with Jai Gohel already asking Victor Navar questions. Jai Gohel: “Do you choose when you want to lie?” Objection, sustained. Jai Gohel: “Would you lie to avoid protective custody?” Victor Navar: “No.” Jai Gohel: “Were you 42 years old in 2018 when you plead guilty to voluntary manslaughter?” Victor Navar: “41.” Jai Gohel: “Have you eight convictions in a span of 20 years?” Victor Navar: “Correct.” Victor Navar admits to a conviction in 2009 for Felony evasion. Victor Navar admits that his nick-name is not Flacco, or Gordo, or Happy. Victor Navar states that his nick-name should be Happy. Victor Navar admits that his nick-name in jail is Animal. He admits that he has referred to his jail cell as his house. Jai Gohel has no further questions.

Hans Hjertonsson takes over asking the questions. He gets Victor Navar to admit that he shot at two people. He gets Victor Navar to admit that he killed one person, and wounded another person. He gets Victor Navar to admit that he told Detective Martin: “No, I swear to God that I did not hold no gun, and did not get rid of anything.” After another side bar, where Marlisa Ferreira has another brown bag moment, he admits to telling Detective Martin: “I swear to God, I had nothing to do with a shooting.” Victor Navar now admits that Detective Martin told him: “If someone shot at you first, I need to know that now.” Victor Navar admits that he told Detective Martin: “No one shot at me sir, because I wasn’t right here.” Hans Hjertonsson has no further questions.

Percy Martinez now takes over asking the questions. Percy tells Victor Navar that he testified he took $190,000 with him, and paid $165,000. There is an objection, and we have another side bar. These side bars are really getting out of hand folks. After the side bar, Victor Navar denies that he told Detective Martin that the marijuana was worth around $40,000. He denies this, even after being refreshed with the transcripts of the interview. Victor Navar does not recall telling Detective Martin that Armando was the one with the gun, and he was supposed to grab the pot. After being refreshed, he admits that he told this to Detective Martin. Victor Navar admits to telling Detective Martin: “Yea, something like that, that is what it was man, that’s the truth.” Victor Navar does not recall Detective Martin asking him if a gun was present when they were planning the theft. He gets refreshed and admits to telling Detective Martin that he had a rifle with him when they panned the theft. Percy Martinez gets Victor Navar to admit that he testified that after he left Armando by the side of the road at Eddy’s house, he got rid of the car. Victor Navar testifies that he left the car about 18 miles away but told Detective Martin that he left the car about 2-3 blocks away. Percy Martinez: “How did you get the money?” Victor Navar: “It was Armando’s uncles.” Victor Navar testifies that after he left off Armando, he went to Armano’s uncle’s place to drop off the money. Victor Navar admits to providing information to the police on Mr. Garcia, the Athwal brothers, and a person with the nick-name of Gangster. He denies providing information on anyone else. Victor Navar testifies that the Athwal brothers called him Animal. Percy Martinez now asks Victor Navar if he kicked Armando with his foot out of the car, and left a foot print on his back. This gets objected to, and the objection is sustained. Judge Zuniga strikes this question from the record. We have another side bar.

Victor Navar denies that he saw his partner had been shot, and had tried to get an ambulance. Victor Navar testifies that he asked Alex Velasquez, his cousin, at Eddy’s house, to call an ambulance. Victor Navar states that he dropped off his car about ½ mile from Eddy’s house, and dropped off the money at Keyes. He states that Alex saw Armando at Eddy’s house. Percy Martinez has no further questions.

Marlisa Ferreira goes on re-re-direct. She gets Victor Navar to state that a friend had first called him Animal in 2015 because he did not have any manners. Marlisa Ferreira asks Victor Navar if his criminal history only includes one act of violence. This gets objected to, and we have another side bar. I am telling you folks, we are in side bar Hell today. Marlisa Ferreira tells Victor Navar that he had testified on cross examination that both parties were wrong. Victor Navar states that it is illegal to buy or sell marijuana in California. Marlisa Ferreira points out that two people were shot, and that one of them was Victor Navar’s friend. Marlisa Ferreira: “When the shooting began, how did that make you feel?” Victor Navar: “Scared as Hell.” Marlisa Ferreira: “You left him conscious?” Victor Navar: “Yes.” Marlisa Ferreira: “Did you know the subjects?” Victor Navar: “No.” Marlisa Ferreira: “Do you know what type of guns they had?” Victor Navar: “A 45 caliber handgun, and a fully automatic 9mm. I wonder why Judge Zuniga is allowing the mention of the fully automatic 9mm when she is not allowing the defense to mention that Victor Navar had an AR-15 rifle. Victor Navar testifies that both of the men shot at him. Victor Navar states that he got all of his information from one of the Athwal brothers. Marlisa Ferreira has no further questions. Jai Gohel now requests, and receives a side bar.

It is now 2:25PM, and Judge Zuniga calls for our afternoon break. She tells the jury to be back at 3:15PM. At 2:55PM, out of the presence of the witness, or the jury, Judge Zuniga starts speaking about a police report from the Turlock Police Department. Hans Hjertonsson starts speaking about how Marlisa Ferreira has been trying to show the jury that Victor Navar has good character, and is not violent. Hans starts speaking about the incident I wrote about at the start of this article. It is where Victor Navar had thrust his hand down his wife’s crotch to check if she had just cheated on him. Jai Gohel calls this: “Shockingly violent.” Marlisa Ferreira argues that this was 18 years ago, and Victor Navar was only convicted of “Child stealing.” She states that her question was specific to his criminal convictions, and it is incredibly prejudicial. Judge Zuniga: “I really have a problem with your argument.” Marlisa Ferreira argues that the defense has not subpoenaed Victor Navar’s wife, and they have no witness to back up their assertions. Hans Hjertonsson states that the defense will do anything necessary to get her served. Hans states that Victor Navar has stated that his nick-name of Animal does not mean that he is violent. Hans states that Victor Navar has brought up his character all by himself. Jai Gohel states that there exists more than one case concerning these issues that Victor Navar was involved in. He states that one of the cases happened ten months before the other case, and that Marlisa Ferreira was trying to say that there was only one case. Hans states that this clearly opens up the door for the defense, that it is a conviction, and the defense must confront Victor Navar. Hans states that if Victor Navar denies it, the defense will subpoena his wife to testify. Percy Martinez and Jai Gohel join in with these arguments. Marlisa Ferreira: “What does this rebut?” Judge Zuniga states that the rap sheet says something about Victor Navar violating a custody decree. She states that the rap sheet is not clear. Hans Hjertonsson states that the child was taken with force and fear. Jai Gohel requests that the court wait until it gets the court file. Judge Zuniga agrees.

At 3:35PM, Judge Zuniga has the bailiff call for the jury. Before the jury arrives, it is announced that court will resume at 9:30AM Friday. There is no court tomorrow. The jury arrives in the courtroom at 3:44PM. Victor Navar will not be testifying anymore today, because the court needs to get the records of his incident with his wife and child.

Marlisa Ferreira calls Kevin Pickett to the stand. She gets Kevin Pickett to testify that he was in Pop N Cork Liquors while Korey Kauffman was alive during late February and early March of 2012. Kevin Pickett testifies that he saw Scott McFarlane in the store at the front counter talking with Daljit Atwal. He states that he and Korey Kauffman had just sold some scrap metal, and had come into the store together, and that Scott McFarlane was at the front counter talking to Daljit Atwal. He states that Korey Kauffman bought some beer, and that Scott McFarlane did not acknowledge that he saw Korey Kauffman while he was buying beet. Kevin Pickett states that he and Scott McFarlane spoke to each other as Korey Kauffman bought some beer. He states that he and Korey Kauffman then left the store. Kevin Pickett states that he was in the store 1-2 times per week, and 8-12 times per year. He states that Daljit Atwal was at the counter most of the time. He states that Daljit Atwal never really spoke to Korey Kauffman except to handle his transaction at the counter. Percy Martinez has no further questions. Hans Hjertonsson asks Kevin Pickett what time he and Korey Kauffman would come into the store. Kevin Pickett states they would come into the store after cashing in some scrap metal, and it was between mid- afternoon to late- afternoon. Hans Hjertonsson has no further questions. Kevin Pickett is allowed to step down from the stand. I must note that Daljit Atwal works the evening shift, and it would be unlikely to be behind the counter during the hours that Kevin Pickett and Korey Kauffman would be returning from selling scrap metal. We are now done for the day.

Sincerely; William Thomas Jensen (Tom)

 

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