FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

ENTIRE DAY OF TESTIMONY 03/19/2019

WEEK 44, DAY 153

BY WILLIAM THOMAS JENSEN (TOM)

WE DON’T NEED NO STINKING ARGUMENTS

 

Arguments, arguments, we don’t need no stinking arguments. Today was one of the most wasted days I have witnessed in this travesty of justice. We had arguments on testimony nearly the entire day, and the jury spent all but around one hour of their day waiting in the basement jury assembly room. It is frustrating how much argument, and how little testimony we have had lately. Marlisa Ferreira is still trying to tie up the loose ends of her failing Case in Chief. I have heard rumors that she is very close to ending her case. I will believe that when I see that. It seems to me that she is ending her case with a whimper. Everything I heard today will have absolutely no impact on the jury’s eventual verdict.

Once again, Judge Zuniga was late to the courthouse. We started out at 9:55AM, out of the presence of the jury. It was immediately obvious to me that Marlisa Ferreira is sick with a cold. She had been given a deadline of 8:00AM yesterday to provide the judge with page and line numbers from the transcripts that would support her arguments for asking certain questions from her witness Lt. Kevin Domby of the California Highway Patrol. The questions concern a “Compelled Statement that was taken from former CHP Officer Scott McFarlane. Much of this Compelled Statement was ruled off limits by Judge Zuniga. Marlisa Ferreira wants to use portions of this Compelled Statement to impeach the testimony of Scott McFarlane. Judge Zuniga has ruled that Scott McFarlane was being evasive in some of his answers. Marlisa Ferreira starts out by stating that Scott McFarlane had told Lt Domby: “No, I don’t recall” when asked if he remembered discussing Korey Kauffman with the Athwal brothers while he was at Pop N Cork Liquors. She states that he then said: “I saw a flyer concerning Korey Kauffman.” Marlisa Ferreira states Scott McFarlane then said: “Like I said, we probably did have a conversation.” Marlisa Ferreira states that Scott McFarlane told Lt. Domby he didn’t recall seeing Korey Kauffman coming into Pop N Cork Liquors. Hans Hjertonsson now speaks up and says: “May I respond?” Hans states that this is not impeachment, and Marlisa Ferreira could have brought this up while Scott McFarlane was on the stand. Hans states that Marlisa Ferreira did not confront on this issue, and therefore can’t impeach. Hans also states that Marlisa Ferreira did not establish the time line that relates to this issue. Hans states that Scott McFarlane is saying a lot of different things during his interviews. Hans Hjertonsson: “Submitted.” Jai Gohel states that there were objections as to Marlisa Ferreira’s questions being vague as to the time. Percy Martinez states that Scott McFarlane’s response of: “It probably happened” is speculative.

Marlisa Ferreira states that if someone gives completely different answers you don’t have to confront in order to impeach. Judge Zuniga tells her she could have objected to the answers. Judge Zuniga states that the record is that the entire answer stands, and therefore his answers were speculative. Marlisa Ferreira argues with the judge and tells her that evasive answers are impeachment. Judge Zuniga: “No.” Judge Zuniga: “When you made the statement that you don’t have to confront in order to impeach, I don’t think you meant to say that.” She tells Marlisa Ferreira that she will either have to confront, or the witness has not been released from testimony. I think she is implying that Marlisa Ferreira could call Scott McFarlane back to the stand if she desires to do so. Judge Zuniga now takes a long time going through Justice Simon’s book. After reading from the book judge Zuniga states that confrontation is a non- issue. Judge Zuniga now tells Marlisa Ferreira that she is trying to use a section that was stricken earlier.

Hans Hjertonsson states that Marlisa Ferreira did not specify the timing of Scott McFarlane’s statements, and therefore can’t use them to impeach. Judge Zuniga: “That is certainly an issue.” Hans states that Scott McFarlane has already testified that he does not remember Korey Kauffman coming into Pop N Cork Liquors. Judge Zuniga disallows a couple of lines that Marlisa Ferreira wanted to use. Judge Zuniga states that Scott McFarlane was “Stonewalling” Marlisa Ferreira and being evasive on the stand. Judge Zuniga states that because of this, the “I don’t remembers” can be used as impeachment because they are inconsistent with his testimony. At this point, I see DA Investigator Steve Jacobson bringing some papers into the courtroom. When he leaves the courtroom, Kirk Bunch briefly leaves the courtroom to speak to him. Hans Hjertonsson states that “I probably did” was speculative and is not impeachment. Judge Zuniga overrules the objections from the defense on this issue.

Hans Hjertonsson now argues that Marlisa Ferreira wants to use an excluded wire-tap from 07/15/2012. Judge Zuniga states that she wants to take another look at the excluded wire-tap. Judge Zuniga: “What portion do you want to use?” Marlisa Ferreira: “The part where he says he knew about law enforcement doing the search warrant.” Judge Zuniga: “The wire-tap was precluded.” Judge Zuniga: “No.” It is now time for our lunchtime break.

As I enter the courtroom at 1:27PM, Lt. Domby is already on the stand outside of the presence of the jury. It seems as though court resumed at 1:15PM. I thought I was early, and I was actually fifteen minutes late. I could hear Judge Zuniga ordering him to answer questions concerning the Compelled Statement that had been done on Scott McFarlane. He is then asked to leave the courtroom. Marlisa Ferreira states that she intends on calling DA Investigator Steve Jacobson to the stand concerning a phone call that was saved on Praveen Singh’s cell phone. The cell phone’s subscriber was Frank Carson’s Stepdaughter Dayna DeFelippo. Marlisa Ferreira speaks about calls from this phone that connected to devices associated with Georgia DeFelippo, and a man named Drake Schmidt who Frank Carson had called frequently on Saturday mornings. I am thinking at this time that this was concerning the flea market that Frank Carson would attend on Saturday mornings. Marlisa Ferreira states that Steve Jacobson will confirm that this is what is called a “Throw Away” cell phone. Marlisa Ferreira states that Steve Jacobson will also testify about a 32 caliber Berretta handgun that was owned by Daljit Atwal that was at Baljit Athwal’s house when it was searched. Judge Zuniga: “This was never discussed on the record, why is it relevant?” Marlisa Ferreira states that the 32 caliber is consistent with the size, shape, and color of Daljit Atwal’s ankle gun that was mentioned in earlier testimony. She states that the caliber size is consistent with what Faye Springer testified to matching the holes found in the Carhart jacket found with the body of Korey Kauffman.

Judge Zuniga: “Bring in the jury.” It is 1:37PM as the jury is brought into the courtroom. Marlisa Ferreira calls Lt. Kevin Domby to the stand. Domby testifies that he has worked for the CHP for 19 years. He states that between 2012-2015 he worked for internal affairs and was a Sargent in the CHP working in Sacramento. He states that he was assigned to assist in the Korey Kauffman investigation. He states that Kirk Bunch provided him with information concerning the case that involved Walter Wells, Eduardo Quintanar, and Scott McFarlane. He states that he was involved with Scott McFarlane’s Compelled Statement that was done on 09/03/2015. During his testimony, Lt. Domby called the Compelled Statement a Compelled Interrogation. He states that he, Sargent Hutsel, and an attorney named Adam Stewart were present at the Compelled Statement. He states that Scott McFarlane had the right to choose anyone to be present with him during the Compelled Statement. Lt. Domby testifies that he asked Scott McFarlane questions during the statement and had asked Scott McFarlane if he had knowledge of Korey Kauffman and the Athwal brothers being present at Pop N Cork Liquors. He states that he asked Scott McFarlane if Daljit Atwal knew that Korey Kauffman was his neighbor, and that Scott McFarlane stated: “That is what I am trying to figure out.” Lt. Domby states that Scott McFarlane stated: “Oh yea, I mentioned it to a lot of people.” Lt. Domby states that he asked Scott McFarlane if he mentioned Korey Kauffman by his name, and that Scott McFarlane said: “I probably did.” Lt. Domby states that Scott McFarlane mentioned seeing Kevin Pickett, Dawn Poma, and Shadow Pickett come into Pop N Cork Liquors, but did not mention Korey Kauffman coming into the store. He states that Scott McFarlane said: “I don’t recall it, but I probably did.”

Lt. Domby testifies that he questioned Scott McFarlane if he had a conversation with Robert Woody about Korey Kauffman stealing from the Carson property and Scott McFarlane said: “Yea, I probably did.” Lt. Domby states that he went over the Code of Ethics with Scott McFarlane. Marlisa Ferreira tries to ask him what was listed in the Code of Ethics. Judge Zuniga tells her to keep focused and tells her it is not relevant. Marlisa Ferreira asks Lt. Domby if he ever informed Scott McFarlane about his right to an attorney, and Lt. Domby states that he can’t answer that question. This results in a side bar. We have had many side bars today, but I have tried to keep focused on what was actually said on the stand today. Lt. Domby states that the attorney for Scott McFarlane was present the entire day, but never spoke to Scott McFarlane. Marlisa Ferreira tries to ask Lt. Domby what CHP pride is. This gets objected to for being 352, and relevance. Judge Zuniga tells her to re-phrase her question. After one of our many side bars, Marlisa Ferreira gets Lt. Domby to testify that each letter of “Pride” represents something that a CHP Officer should adhere to. He states that he went over with Scott McFarlane how it was his duty to uphold the law, and to never permit his personal feeling about a person to interfere with his decisions. He states that there is a mandate at the CHP for their officers to cooperate with other officers. He states that it is part of a CHP Officer’s duty. Marlisa Ferreira has no further questions. Hans Hjertonsson gets Lt. Domby to state that the “Forced Interrogation” lasted from 9:00AM to shortly before 5:00PM. He states that transcripts were done during the interrogation, and there were around 290 pages in the transcripts. The defense attorneys had no further questions. Marlisa Ferreira tries to ask Lt. Domby a question concerning Scott McFarlane’s demeanor several times. This results in another side bar. After the side bar, she gets Lt. Domby to testify that there were five to ten breaks that lasted for ten minutes during the interrogation, and a lunchtime break that lasted one hour. Lt. Domby states that Scott McFarlane began crying during on portion of the interrogation, and states that Scott McFarlane was not cooperative. Lt. Domby is allowed to step down from the stand. It is now 2:17PM, and Judge Zuniga sends the jury down to the basement until 3:00PM. Percy Martinez steps out of the courtroom briefly for some discovery. We now have arguments about the 32 caliber Berretta handgun that was discussed earlier. Judge Zuniga seems unsure if she is going to allow this to be brought up. Percy Martinez now argues about how Marlisa Ferreira wants Steve Jacobson to testify about some Sprint phone records. Percy Martinez states that it is all hearsay. Percy Martinez objects about Marlisa Ferreira calling this phone a “Throw Away” phone. I would agree. People who get “Throw Away” phones do not have the phone registered in their name. It just doesn’t make any sense to do so. Percy Martinez states that the phone’s subscriber was Dayna DeFelippo, and it was used from 11/21/2013 to August of 2014. He states that Steve Jacobson can’t testify about this phone because it is all hearsay. Marlisa Ferreira argues that it is pursuant to a search warrant. Percy Martinez starts arguing that the cell phone records are not properly certified. Judge Zuniga takes a long time going over the records. Steve Jacobson had to go to the DA’s Office to retrieve the certification papers. There is an issue about the certification having today’s date on it. Marlisa Ferreira states that the original certification has been lost at the DA’s Office, and that the original Public Records Official had just provided them with another certification. There is more argument about not following proper procedures. It is disclosed that Judge Manukian has not provided the court with many of the search warrants that were served on the defendants in this case. Judge Zuniga instructs Marlisa Ferreira to take care of this issue immediately. Judge Zuniga: “I can’t believe you lost the original certificate.” Judge Zuniga confirms that a man named Kevin McIntyre, the original Custodian of Records sent Marlisa Ferreira another certification, and seems satisfied with this. Judge Zuniga calls for the jury at 3:42PM. Judge Zuniga tells Marlisa Ferreira that the phone is not a “Throw Away” phone, and she can’t refer to it as one. Marlisa Ferreira walks out of the courtroom to inform Steve Jacobson that he can’t refer to phone as a “Throw Away” phone. Judge Zuniga states that the hearsay objection is overruled.

At 3:47PM, the jury is finally back into the courtroom. Marlisa Ferreira calls DA Investigator Steve Jacobson to the stand. She starts asking Steve Jacobson questions about the phone. Steve Jacobson testifies that he spoke to Praveen Singh in September of 2018, and that Praveen Singh had told him about Frank Carson using the cell phone. Praveen Singh told Steve Jacobson that there was a phone number in his phone that was the phone number of this cell phone that was used by Frank Carson. Steve Jacobson recognizes a picture of the cell phone that Praveen Singh had given him. He states that he got permission from Praveen Singh to search the phone for the phone number of the cell phone registered to Dayna DeFelippo. Steve Jacobson testifies that he got the phone records from Sprint. He states that the cell phone registered to Dayna DeFelippo contacted the cell phone associated with Georgia DeFelippo on 11/22/2013 and contacted the cell phone associated with Drake Schmidt on 11/23/2013, and contacted the cell phone associated with Terry Carson on 1/23/2013 and 12/2/2013. Steve Jacobson states that the cell phone was a pre-paid cell phone that was re-loaded with a total of $180.00 during its use. Judge Zuniga states that she wants to look at the Sprint report, and states that it is improper. She sustains the objections from the defense attorneys. We are now done for the day. Judge Zuniga tells the jury to be ready for testimony by 10:30AM tomorrow. She tells the jury to: “Don’t Laugh.” The jury has spent most of the day in the basement today. I am sure they are laughing to themselves as they leave the courtroom. Steve Jacobson, while he was on the stand, had held up an exhibit for the jury to see. Judge Zuniga: “Don’t Ever Hold Up An Exhibit For The Jury To See!” Judge Zuniga: “You may step down sir.” We will start out tomorrow morning at 9:30AM for some more arguments concerning Steve Jacobson’s testimony. I will bet you that the jury spends most of the morning in the basement.

Sincerely; William Thomas Jensen (Tom)

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