Good afternoon everybody. This is Marty, from DAWGS blog with tonight’s podcast the Frank Carson et al. trial. Today is Thursday, March 21, 2019. The afternoon session went like the morning session did. Cutting to the chase, the jury was up for about two minutes. They were brought up at 2:48 PM and sent home. That’s what we got done with the jury. They were not up at all this morning and this afternoon they were brought up at 2:48 PM so they could send them home. Judge Zuniga said in court seriously considered just having the jury room send them home, because she was too embarrassed to bring them up.
The Judge was on the bench about 1:34 this afternoon. Again, they’re talking about Steve “the juice” Jacobson. As we all know, there’s a lot of back history between Frank Carson and Steve “the juice” Jacobson. In fact, it goes back to the 90s. Judge Zuniga advised Marlisa Ferreira as soon as they started that she has read the case law, she’s been doing it for a long time, she is familiar with it and Marlisa Ferreira doesn’t need to read every case law into the record to remind the Judge. She knows this stuff. The Judge apparently wasn’t too happy about the long narrative Marlisa Ferreira did this morning.
Marlisa Ferreira said I get your point Judge. So, she continued on and talking about the impeachment that they want to do and Steve “the juice” Jacobson is not related that to the testimony that he’s giving in this case. The defense wants to show bias and they’re trying to show Steve “the juice” Jacobson is a bad guy. They are trying to negate Steve “the juice” Jacobson’s testimony through non-related means. She said nothing in regards this case, Steve “the juice” Jacobson has a financial interest in. She’s not sure about the defense claims of her saying that she was not going to put Steve “the juice” Jacobson on the stand. The Praveen Singh testimony had mandated that Steve “the juice” Jacobson be called. so again Marlisa Ferreira saying that the evidence can be limited and the Judge has a broad scope of that, she can limit any evidence, a trial court can do that if it has no value. She said does the evidence of the lawsuit would that mean anything to the jury or make a difference in the phone records. In AJ’s case the information they claimed is not relevant to this case. This jury does not decide the validity of AJ Pontillo’s case t or any other case, nor effects what happens in this case. She cited another case that it was allowed for the defense to go into some of these areas, the ability to show a person’s credibility and she says that is not the case here. She says the defense has failed to meet the standard of being “reliable”, the standard of of liable or bias or anything along that line. She says it comes down to one thing and SCOTUS (The Supreme Court of the United States) rulings has shown concern for harassment type things happening to witnesses in the courts, getting beat up by attorneys in the court and it goes to some of the questions and the reliability of those questions, because they may intend to simply beat up on the witness. Steve “the juice” Jacobson is not been convicted, in fact, his case on the jury tampering was discharged. The other civil litigation where allegedly he slapped the phone out of Frank Carson’s hand is that they have cases pending and they are just trying to muddy up the water or the witness. She said it doesn’t change a testimony and it has no foundation.
Percy Martinez argued that they first said Steve “the juice” Jacobson is simply reciting the Sprint information that he received, but Steve “the juice” Jacobson after cross-examination did not get the information, but was given to him by Jim Cook, but he tried to show that he did. It was only subscriber information and that’s it. There are no CDR’s, call data records, phone calls, text messages, no data connections or any that stuff. All those records have been purged and it only shows the subscriber information in the billing. They determined that it was a throwaway phone, that Praveen Singh had said it was prior to when he got arrested, which was in October, but this phone was not activated until November 2013 of the same year, the month before Praveen Singh had gone to jail. Praveen Singh said that Frank Carson got his so-called throwaway phone prior to him going to jail in October 2013. Steve “the juice” Jacobson said he confirmed the contacts between the devices. He was not reciting records and Steve “the juice” Jacobson was given the information from other records. He does not have the Sprint CDRs. The people are trying to show that there is an inference of guilt and not innocence of these defendants. Steve “the juice” Jacobson was asked about Scott McFarlane doing a code 5 on cross and direct. For people that just haven’t heard this before: code 5 is is a cop code, they usually call it a C5. They are doing a surveillance, it could be a covert surveillance and it could not be a covert surveillance. He tried to represent it is only a covert surveillance, but sometimes they take a marked patrol car to a corner where there’s a lot of drug activity going on to do surveillance of the area, just to show that they’re doing surveillance of the area. It’s not always covert but typically it is. Scott McFarlane had said that he kinda like did a code 5 so Steve “the juice” Jacobson’s testimony was designed to infer guilt on these defendants and Scott McFarlane. He’s also been put up there to impeach Scott McFarlane. The lawsuit, this is Percy Martinez arguing, with the with Steve “the juice” Jacobson and Frank Carson is a factor of bias. AJ Pontillo case, Steve “the juice” Jacobson contacted a juror (my understanding was it was an alternate juror during deliberations) and Judge Steffens and made an OSC hearing (an order to show cause hearing). Steve “the juice” Jacobson and Dave Harris were released from that case because Frank Carson was taken into custody. Frank Carson was the one that was filing the complaint and went up to the Fifth Circuit and it came back as he they said he can’t be a witness and act like a prosecutor in that case because was Frank Carson that was filing the charges. Percy Martinez says it’s up to the jury to decide and to give the facts. Percy read a little bit of case law. The court and/or the jury can determine the credibility, mostly the jury. Demeanor and actions all go to the considerations of the jury. He saying his demeanor the stand was not good, his actions on the stand were not good and he said his testimony was not solid on the stand.
Attorney Hans argued the arguments by Marlisa Ferreira have been in regards to the the appeal standards. He saying that it sounded to him like Marlisa Ferreira and the Judge, what they’re talking about our appeal standards of these type of things in bias and stuff evidence. He said this is the trial, not appeal and is it is a more broad standard and the court has wide latitude. The appearance that was made by Steve “the juice” Jacobson is that he had reviewed all the records and had made some findings. On cross Steve “the juice” Jacobson said he did no review. He was sent information from the Cooks, that is Jim Cook and Chris Cook. The findings, then given to Steve “the juice” Jacobson and he said he confirmed the findings, independently. Then said he did not recall if he actually did a review or where he even confirmed the phone number that Praveen Singh had told him about was actually a Sprint phone. He couldn’t remember the database he used to get that information. He said Steve “the juice” Jacobson was very evasive on the stand and “Juice ” said he did not recall the database used. Cory Brown and Jim Cook did most of the research and now Steve “the juice” Jacobson is trying to take credit. “Juice” testified two ways: Jim Cook did it and then he said that he did it and confirmed it. The OSC (order to show cause) on the jury tampering case was dropped when Dave Harris and Steve “the juice” Jacobson apologized to Judge McFadden. I remember at the time Judge McFadden said they sincerely apologize. So I guess that all it takes to get out of a felony is sincerely apologize. They also said they had learned from their mistake, so he says there was an admission of guilt. They admitted they did it, if they learned from their mistakes. He says the Frank Carson initiated the OSC for the jury now to consider this.
Jai Gohel argued Frank Carson had initiated both actions and it was not adjudicated that the way that Marlisa Ferreira had represented. Steve “the juice” Jacobson did not admit any contact with the juror. It was not as clear-cut as Marlisa Ferreira had claimed in her argument. They don’t have to prove that is true or not what happened, they don’t want lead re-litigate the case, they just want to show that it does affect what is going on in this courtroom today.
Marlisa Ferreira argued again, they still have to prove or disprove what was said. The information that he is testifying to does not do that. Dave Harris did report it to the bailiff, the District Attorney’s Office, and investigators. He did reported to the bailiff and to the court what happened. Judge Steffens took a declaration back saying Frank Carson gave staffers some info and said there was no evidence of contempt. So she saying that Judge Steffens pulled his declaration saying what happened, that he had a talk to the juror.
Judge Zuniga stepped in at this point. She looked at Marlisa Ferreira and says I’ve looked at the file, I have it right here on the bench with me. She said Judge Steffens declaration was not pulled. It was stipulated to by all attorneys in the case, so is accepted as fact.
Marlisa Ferreira says no, that’s not what happened.
Judge Zuniga interrupted her again saying she will make a determination about that.
Marlisa Ferreira started going into a little bit of a rant again because she was getting little fired up and was saying that Robert Stanford was taking pictures of a coworker and a juror that were sitting outside. This is an alternate juror while the jury was in deliberations and the juror testified in court they felt they were in jeopardy because of what was done. Marlisa Ferreira said the Order to Show Cause said the Frank Carson was trying to be a prosecutor in the case and the witness and the Fifth district Court of Appeal said no we can’t do that. She said Judge Stefan pulled his declaration after hearing from the juror. If Judge Zuniga allows, she may have to call more witnesses and a trial within a trial. Then Marlisa Ferreira stated that she wanted to let the Judge know that she heard Jai Gohel whisper in the back: Oh,what a liar or something like.
The Judge got pissed off about this and it wasn’t at one or the other it was both. Marlisa Ferreira and Jai Gohel do have a tendency to go at it a little bit. The Judge admonished both of them about their behaviors, inappropriate talk about another attorney in the courtroom. She talked about a case in the past where the attorneys had complained about a bias of the court and they even talked about the the gender of the Judge and the Judge being biased in court and the attorneys were actually, by the Appeals Court, turned over the State Bar Association for their complaints about the court. If she was to find either one of them in contempt of these behaviors, she would be required by law to report both attorneys to the State Bar Association. She made a little speech to both of them, it has been made before. Judge Zuniga stated that the appeals courts give rulings to assist the trial Judges to make proper rulings. A case recently had, that she was familiar with, a defendant had six retrials, it was like a double or triple homicide or some and four of those retrials were due to prosecutor misconduct, not turning over Brady information or something I forget exactly what it was.
Also Percy Martinez said Your Honor I haven’t had a chance to rebut what Marlisa Ferreira says and so Judge Zuniga let him argue some more. He said Judge Steffens did not take his declaration back. He said that was mistruth spoken by Marlisa Ferreira. All attorneys in the parties in the case had resolved that issue through a stipulation and they were able to go forward at that time without the declaration because they stipulated to the facts. Steve “the juice” Jacobson was not absolved of any wrongdoing and all he did was simply apologize in fact. Judge McFadden in a media interview said he sincerely apologized along with Dave Harris.
Judge Zuniga started to make a ruling and she says the claim that there’s no foundation of what they’re trying to use doesn’t work real well but there are some areas. She typically splits the baby. Marlisa Ferreira’s argument that bias claim, the defense can use if they want, it is up the jury to decide if there’s a bias or not. She said Marlisa Ferreira had called Steve “the juice” Jacobson and it is similar to the Aranda issue (co defendants statements against each) that they just talked about recently in the last few days. The defense’s claim Steve “the juice” Jacobson had lied when he said that he had the CDR, Judge Zuniga said she heard him say he had the CDR. She heard him use that term. Judge Zuniga also said she was working on another issue on the bench to confirm a earlier ruling that she had made and she was double checking to see if she made the right ruling. So she was really not paying too much attention at the time to the witness, wasn’t looking at him or listening. But she said she heard Steve “the juice” Jacobson, but did not see his activity, his demeanor and his body language while on the stand. She noted in her notes that Steve “the juice” Jacobson does not seem to know what he saying. She said it seem like he got really confused at one point. The questioning did get confusing, the answers you got more confusing and it was very muddy testimony at that point. He was saying different things within a few minutes of each other. The question asked in regards to the code 5; Marlisa Ferreira asked him what his code 5 mean to you? So she asked him for his opinion, his personal belief and his opinion or personal beliefs are not relevant. She had to admonish Steve “the juice” Jacobson several times for volunteering information and he is very animated and expressive in his body language, and she has noticed that in the past from the preliminary hearing. She noted that Jai Gohel wanted to cross on the the code 5, as it was part of the direct examination. Percy Martinez argument, that he has a right to cross on the code 5 and his demeanor is correct in what he saying. Marlisa Ferreira saying he was just trying to impeach on the business records and not CDR’s, but he had said, again she said, he had said CDR’s and not business records. Steve “the juice” Jacobson, she said, was getting frustrated and the defense has a different view than Marlisa Ferreira, so is up to the jury to decide what if he has any biased motives or any other intentions here. At this time she’s finding in favor of the defense, 352 the evidence code authority, it is relevant as to the lawsuits, they are fair game. She doesn’t want to relitigate the lawsuit, the OSC hearing or anything else, but it is fair game to bring up.
Judge Zuniga also noted it this time she is worried about what to do with the jury. They’d been downstairs all day, they never made it up. It is 2:45 PM now and she said it was kind of embarrassing to bring that up just to send him home. She thought about just having the jury room send them home, but they did call them up. She told them don’t get comfortable. They sat down, she said you’re dismissed for the day. Come back tomorrow 9:30 AM. So we had no jury time for testimony today.
We went to break. We came back no 3:15 PM or so.
Judge Zuniga said she had the file of the OSC (the order to show cause) in regards to “Juice” and Dave Harris Judge McFadden did dismiss and Frank Carson did testify. She says it looks like Dave Harris did not contact the court, as he’s required to do, when Steve Jacobson make contact with the alternate juror who was waiting outside, why the regular jury was in deliberations. She said Judge Steffens was never called or required to testify. He did not pull his declaration. The attorneys had stipulated to it, so he did not have to be called to the stand. She said in September 2015 it went to the fifth district and they declared Frank Carson can only be a witness and not a prosecutor. He can’t do both and the Judge McFadden to continue the case in regards to Steve “the juice” Jacobson and Dave Harris and they are both dismissed in the interest of justice. So that ruling was in. Basically she split the baby, but it was more in favor of the defense and they get to bring this information in. It sounded like, from the people I talked to, almost black letter law. When a witness testifies you’re allowed to bring their biases or prejudices into it, whatever reasons they may be. Judge Zuniga told of defense they couldn’t do that and then we went through all the stuff, for her to decide well I guess maybe they could.
Percy Martinez then addressed the court and says he has a number of questions that he’s going to ask Steve “the juice” Jacobson as to the prior objections that had happened. Tomorrow morning Steve “the juice” Jacobson is supposed to take the stand and he said there’s a long history between Frank Carson and Steve “the juice” Jacobson. He says he’d like to go over those questions that he wants to ask. The Judge says he’s not required to. In fact he has a right to keep those questions to himself and not give up his strategy. But Percy Martinez says I want to get any objections to them out of the way now and not be objected to every question tomorrow. He’s going to ask Steve Jacobson: has Frank Carson filed complaints against him? Did Frank Carson encourage others to file complaints against him? In 1994 did Steve “the juice” Jacobson confront Frank Carson in his office, which was the public defender’s office at the time? Was he aware that Frank Carson had ran an ad asking people for information in regard to Steve “the juice” Jacobson and some of his activities out on the street? That was, I believe, when he was at Oakdale Police Department. Percy Martinez wants to ask him if it Frank Carson has done Pitchess motions on him? That is to see personnel files. Has Frank Carson made accusations? Has Frank Carson called him unprofessional? Has Frank Carson called him a thief, as there has been accusations that he is stole money from people on the street? Has Frank Carson called him dishonest? He’s going to ask him has he committed perjury? In 2010 was there a lawsuit filed for assault when Steve Jacobson slapped a phone out of Frank Carson’s hand? Did Frank Carson name the District Attorney’s Office as a defendant in his lawsuit? Was he aware of the custody status of Frank Carson on 8/14/2015? And the day that his civil case was supposed to go before the court was on August 11, 2015. Did he discusses civil trial with Dave Harris? Did he discuss anything about these other things other than this case with Marlisa Ferreira and the civil issues? When did he start on the Frank Carson investigation? What year was it? He wants to ask him if he disclosed in any report or memo your defendant status in this case? Which means Steve “the juice” Jacobson’s status in that civil case. Did he disclose any memos or anything to the District Attorney’s Office, Dave Harris or Marlisa Ferreira? He wants to know if he set up a firewall for personal interest in regards to the Frank Carson case? A computer firewall. He wants to ask him in 2014 was he active in the AJ Pontillo case? He wants to ask him in the AJ Pontillo trial was he questioned about his professionalism by Frank Carson? Did Frank Carson accuse him of sexual impropriety when dealing with women on the streets and in particular an employee at AJ Pontillo’s bail bond business, where he looked over shoulder and tried to look down her shirt? He wants to ask him did Judge Stefan declare Steve “the juice” Jacobson was in contempt and Frank Carson had witnessed that contemptible behavior? He wants to ask him if Frank Carson gave testimony in that contempt hearing? Did he write any memos or reports in regards to the contempt accusations, the OSC and subsequent dismissal? Did he make any references or write any memos or reports in regards to the lawsuit and his superiors at the District Attorney’s Office?
Judge Zuniga said several of these questions are making assumptions and their misleading. She’s not going to allow it. They assault, what they call the 242, was continued and continues to be continued, is the way she put it. It is just kind of hanging in limbo until they get a result of this case.
Marlisa Ferreira argued to the court that Janel Lawrence, the female employee at AJ Pontillo’s and they were doing the search warrant. Steve “the juice” Jacobson was looking over her shoulder at a computer, as she was drawing up some information on the computer. It has been proven it was a lie, that he was trying to do anything else. She says that Janel Lawrence was put up to saying what she said about Steve “the juice” Jacobson. She was put up to those comments by Robert Stanford and AJ Pontillo. There is no foundation for them to even ask a question, as it was just something that they’re saying about Steve “the juice” Jacobson. She says the jurors will assume that is true if it’s brought up in court, well that’s what she’s done with a lot of the information she’s thrown out there about Frank Carson.
The Judge said unless it’s provable they cannot tell if is the truth or not, they can still make some of those determinations. Judge Zuniga said she’s not going allow a trial within a trial, so some of those things are not going to be allowed.
Basically she’s going to allow them to bring up the order to show cause of the jury tampering charge in the AJ Pontillo’s case. They will be allowed to bring up the lawsuits and some of the issues involved in past confrontations where Steve “the juice” Jacobson had gone to the public defender’s office when Frank Carson was still working there and confronted Frank Carson. So some things will be allowed. Supposedly this will happen tomorrow morning. Nothing is cemented in stone in this case, so will see what happens.
That’s all I got for tonight, will be back with the noon report tomorrow. Just as a note, Tom Jensen was in court today, but he’s got some obligations tonight and will get his report out tomorrow.
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A couple people showed up today, it was good to see. I really would like to see more people. You need really need to see what’s going on, I think we should obligate ourselves to do that. I really don’t want you guys to take my word for it, I want you to come to court find out for yourself. Good night everybody!