FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
AFTERNOON SESSION 03/15/2019
WEEK 43, DAY 152
BY WILLIAM THOMAS JENSEN (TOM)
MARLISA FERREIRA TRYING TO TIE UP LOOSE ENDS
I attended court this afternoon, and there were only arguments outside of the presence of the jury. Marlisa Ferreira seems to be trying to tie up any loose ends as her Case in Chief is winding to a close. Everything that she was arguing for has already been covered in the trial multiple times and seems to be 352 (Undue consumption of time.) I sense an aura of desperation from the prosecution’s table. They really do not know what to do in order to prolong this trial any longer and are trying to go over things that have already been worked to death. From what I have heard, the prosecution only has the testimony of CHP Officer Domby, and DA Investigator Kirk Bunch left in their never-ending list of witnesses. I really believe that Kirk Bunch will be destroyed on the stand, and this should be very interesting to watch.
At 1:33PM, out of the presence of the jury, Marlisa Ferreira starts arguing about things she wants to go into when CHP Officer Domby takes the stand. Marlisa Ferreira argues that she wants to ask Domby about Scott McFarlane’s compelled statement that was done by the CHP. She states that she needs the court to order Domby to testify about it. She states that the defense attorneys had a lot of questions that they asked concerning the compelled statement. Marlisa Ferreira states that she wants to have Domby testify about how Scott McFarlane was entitled to have a representative during the compelled statement. She states that she wants to have Domby testify about the Code of Ethics, and the Code of Honor that she believes were violated by Scott McFarlane. Judge Zuniga tells her that this is not impeachment. Marlisa Ferreira states that she wants to go over how Scott McFarlane seemed to lose his memory about conversations that were allegedly conducted at Pop N Cork Liquors about Korey Kauffman being a thief. She states that she wants to ask questions about Scott McFarlane letting his friendship with the Athwal brothers cloud his judgement, and how he allegedly said that he couldn’t stand Korey Kauffman. She wants to impeach Scott McFarlane about his statement that he did not conduct surveillance on Korey Kauffman using his I-Phone held up to a pair of binoculars. Marlisa Ferreira states that she wants to ask CHP Officer Domby about how he became involved with the investigation. She wants to ask CHP Officer Domby about the letters that were sent to the CHP Officers informing them that they were forbidden to go to Pop N Cork Liquors. Marlisa Ferreira states that the defense made comments about “These fine officers” losing their jobs with the CHP because of what Robert Woody allegedly said. Judge Zuniga states that she does not remember this being said. Marlisa Ferreira states that this was covered by questions asked by Jai Gohel.
Marlisa Ferreira now tries to argue about what she wants to ask Kirk Bunch, and Judge Zuniga tells her that she wants to focus on the testimony of CHP Officer Domby. Judge Zuniga seems to be getting irritated by how long Marlisa Ferreira is taking and tells her that her “Five things” have almost taken ½ hour. It was certainly more than five things that she has just brought up.
Defense attorney Jai Gohel states that what is relevant is Scott McFarlane’s belief about his rights to an attorney during the compelled statement. He states that Scott McFarlane has already been thoroughly impeached on this subject, and the majority of this is 352 (Undue consumption of time.) Jai Gohel argues that the Code of Ethics were acknowledged by Scott McFarlane, and that Marlisa Ferreira should have disclosed that she was going to use CHP Officer Domby as an expert on this subject. He states that the defense could have called their own expert witness if they had known about her intentions. Jai Gohel states that the court needs to review the transcripts about the alleged conversations that were had at Pop N Cork Liquors, and that Scott McFarlane has already been thoroughly impeached on this subject. Jai Gohel states that this is clearly undue consumption of time. Jai Gohel states that Scott McFarlane has already admitted that his judgement had been clouded, and that Marlisa Ferreira now wants to go into another line that mentioned the word “Unsavory.” He states that Judge Zuniga has already excluded this section. Jai Gohel states that Marlisa Ferreira need to give a citation from the transcripts where Scott McFarlane allegedly stated that he couldn’t stand Korey Kauffman. Jai Gohel states that Marlisa Ferreira did not ask any questions concerning Scott McFarlane using his I-Phone in conjunction with a pair of binoculars to conduct surveillance on Korey Kauffman. Jai Gohel has no problem with Marlisa Ferreira wanting to ask CHP Officer about how he got involved in the investigation. Jai Gohel states that CHP Officer became involved extensively during the initial interview of Robert Woody. Jai Gohel questions if CHP Officer Domby actually wrote the letters that informed the CHP Officers that they should stop visiting Pop N Cork Liquors. Jai Gohel questions if Scott McFarlane actually received one of these letters. Jai Gohel states that it is undue consumption of time asking questions about Scott McFarlane being fired because of things he said to Robert Woody. He states that Scott McFarlane testified: “I don’t think I said that.” Jai Gohel states that he reserved on that. Jai Gohel states that Scott McFarlane has already been thoroughly impeached about his statement that he did not remember seeing Korey Kauffman at Pop N Cork Liquors. He states that there is no reason to ask CHP Officer Domby about this issue. Marlisa Ferreira had also said something about Scott McFarlane saying something about Korey Kauffman going to a “Blue store” on Golden Gate Ave. Jai Gohel states that Marlisa Ferreira never asked him any questions about that during his direct examination, or cross examinations. Jai Gohel is now done with his arguments.
Defense attorney Hans Hjertonsson states that much of what Marlisa Ferreira is asking for is not impeachment. Hans states that the reality about this situation is that Scott McFarlane had five different interviews. He states that when Marlisa Ferreira received an answer from Scott McFarlane that she didn’t like, she confronted him with this, and he responded by saying “I don’t recall.” Hans states that Marlisa Ferreira would then refresh Scott McFarlane, and he would answer: “Yes.” Hans states that impeachment would be concluded by this answer. Hans states that Scott McFarlane admitted to saying that his friendship with the Athwal brother clouded his judgement. He states that Scott McFarlane was not asked a question concerning Korey Kauffman living next door. Hans states that it is fair for Marlisa Ferreira to ask CHP Officer Domby how he got involved with the investigation. Hans Hjertonsson states that he agrees with Jai Gohel’s arguments concerning the letters informing the CHP Officers being told to stop visiting Pop N Cork Liquors. Hans states that the testimony did not contain anything concerning Scott McFarlane being fired because of things that Robert Woody said. Hans Hjertonsson states that Scott McFarlane was never confronted about stating that he did not remember seeing Korey Kauffman at Pop N Cork Liquors. Hans states that the “Blue store” was never mentioned during testimony. He states that Scott McFarlane admitted that he had made a statement concerning the Athwal brothers looking after the Carson property. He states that Marlisa Ferreira has the burden of proof to show all of these requested items are in the transcripts. Hans Hjertonsson states that it is inappropriate for Marlisa Ferreira to ask CHP Officer about the Code of Ethics, and that Scott McFarlane has already admitted to reading the Code of Ethics.
Defense attorney Percy Martinez joins Hans Hjertonsson and Jai Gohel in their arguments. He states that Scott McFarlane has answered his questions consistent with his statements made during his five interviews. He states that during one of the interviews, Kirk Bunch told him that the investigators had an informant, and that Scott McFarlane had responded by saying: “It probably did happen.” Percy Martinez states that Scott McFarlane then told Kirk Bunch: “But I can’t remember the conversation itself.” Percy Martinez has already testified that he let his judgement be clouded by his friendship with the Athwal brothers. Percy Martinez states that Scott McFarlane was never asked any questions about talking to Eduardo Quintanar about Korey Kauffman being his neighbor. Percy Martinez states that Scott McFarlane was asked if he video-taped Korey Kauffman and was not asked if he used his I-Phone in conjunction with a pair of binoculars to do surveillance on Korey Kauffman. Percy Martinez states that based on what he has heard during side bars, Scott McFarlane was fired because he was given a ride home by Robert Woody. I think that Scott McFarlane might have been drinking at the time. Percy Martinez states that Scott McFarlane has testified that Baljit Athwal told him that the Athwal brothers were looking after the Carson property. He states that Scott McFarlane has never denied that, and it has been gone over and over again. Percy Martinez states that Scott McFarlane has testified that he became aware of this when Baljit Athwal and Robert Woody went over to Michael Cooley’s house to warn him against stealing from the Carson property. Judge Zuniga tells Marlisa Ferreira that she needs her to go over the transcripts and list the pages and lines that back up her requests. Marlisa Ferreira admits that she never asked anything about the “Blue store.” Judge Zuniga tells Marlisa Ferreira that she sustained the objections concerning the “Unsavory” comment during a side bar. Judge Zuniga tells Marlisa Ferreira that asking CHP Domby about the reason why Scott McFarlane was fired is clearly privileged. Marlisa Ferreira tries to argue that CHP Officer Tom O’Keefe disclosed this matter. Judge Zuniga tells her that it is irrelevant how she became aware of the letter. She tells Marlisa Ferreira that she did not disclose the letter, and the letter can’t be used. Marlisa Ferreira states that the idea that she can’t impeach because she did not ask the same exact question is not correct. Judge Zuniga seems to agree to that. Judge Zuniga tells Marlisa Ferreira that she needs her citations by 10:00AM on Monday. Marlisa Ferreira seems annoyed and tells Judge Zuniga that she needs her deadline to be extended until 1:00PM because she has a funeral to attend. Judge Zuniga holds firm and tells her she needs to provide the citations by 10:00 AM Monday, or she will not be able to have CHP Officer on the stand on Tuesday morning. Court will resume at 9:30AM on Tuesday. Have a great weekend everyone.
Please do not drive after consuming all that green beer.
Sincerely: William Thomas Jensen (Tom)