FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

ENTIRE DAY OF TESTIMONY 04/02/2019

WEEK 46, DAY 160

BY WILLIAM THOMAS JENSEN (TOM)

KIRK BUNCH READY TO EXPLODE

MARLISA FINISHES DIRECT EXAMINATION

 

We start out about 23 minutes late this morning. Judge Zuniga was in the courthouse on time but spent a long time in her chambers before entering the courtroom. Marlisa Ferreira finished her direct examination of Kirk Bunch today, and the defense took over on cross examination. Kirk Bunch was a different man when the defense took over asking the questions. His face got redder with each question, and I think it will just be a matter of time before he explodes on the stand. He constantly looks like he is chewing on his tongue. I think you would be interested in looking up the medical term “tardic disconesia.” I think it could apply to his displayed physical behavior. He was caught in many inconsistencies in his testimony during cross examination. It was obvious to many of us that he misspoke (told lies) numerous times while he was on the stand. He did not recall many things that are undoubtedly anchored in his mind and stated twice that he made typographical errors in his written reports. I did not believe him, and I am sure the jury does not believe him as well.

We start out at 9:53AM with Judge Zuniga immediately calling for a side bar. After the side bar, it is announced that we will not have court on Thursday or Friday. The jury comes into the courtroom, and Kirk Bunch takes the stand. Marlisa Ferreira asks Kirk Bunch about a 03/25/2014 interview of Baljit Athwal. She asks if he asked Baljit Athwal if he ever asked Robert Woody if he said he was on the Carson property. Bunch says Baljit Athwal told him: “No sir.” Jai Gohel objects, saying this mis-states the evidence. Judge Zuniga tells Marlisa Ferreira to re-phrase her question. Marlisa Ferreira: “Did you ask Baljit Athwal if Robert Woody had been on the Carson property?” Kirk Bunch: “He said no.” Kirk Bunch testifies that Baljit Athwal told him that he had never been to the Stanislaus National Forest. He states that Baljit Athwal denied ever being up in the Stanislaus National Forest in a white pickup truck. Kirk Bunch testifies that Baljit Athwal told him he had been up in the forest three times when he was driving a red SUV. Kirk Bunch states that he saw the red SUV in front of Baljit Athwal’s house while doing surveillance. Kirk Bunch states that he asked Kirk Bunch about the stolen silver pickup truck. He states Baljit told him that the truck had been stolen. Kirk Bunch testifies that Baljit Athwal told him that he had never driven that truck to the mountains. Kirk Bunch states that Baljit Athwal told him that the pickup truck was recovered, and it had been burned. He states that Baljit Athwal told him that all the keys were accounted for, and that Baljit Athwal told him he did not know if the truck was equipped with a transponder key. Kirk Bunch testifies that he does not recall asking Baljit Athwal if the pickup truck had been stolen from Pop N Cork Liquors. After getting refreshed, Kirk Bunch remembers asking Baljit Athwal this question. Kirk Bunch states that Baljit Athwal told him that the pickup truck had not been stolen from Pop N Cork Liquors. Kirk Bunch testifies that he asked Baljit Athwal if he had Robert Woody burn the pickup truck. He states that Baljit Athwal denied doing so. Kirk Bunch states that Baljit Athwal told him about a Private Investigator from Los Angeles but would not tell him his name.

Kirk Bunch testifies that during 2012-2015 he was driving a black four door Chrysler 400. We call this car the “Death Star.” A while back, I asked Kirk Bunch if he was still driving that car. He gave me a strange look and told me that information was classified. It was interesting to see Detective Jon Evers pick up Kirk Bunch in front of the courthouse in that same car. I guess Evers got the hand me down car. Kirk Bunch testifies that he drove by a warehouse used by Ryan Schmidt. He states that he went there as a result of information that was developed during his investigation. He states that he went to the warehouse to interview Ryan Schmidt and saw him exiting the warehouse. He states that Ryan Schmidt brushed by him as he was asking him a question, and slammed the door shut. Kirk Bunch states that he then left. He states that Ryan Schmidt called him an “Asshole.” Marlisa Ferreira: “Were you an asshole?” Kirk Bunch: “No.” Our readers overwhelmingly disagreed with Kirk Bunch on this subject.

Marlisa Ferreira brings out that Korey Kauffman’s remains were found in 2013, and Robert Woody was arrested in 2014. She asks Kirk Bunch what was going on with his investigation during this time period. Kirk Bunch states that he was focused on Praveen Singh at that time. Marlisa Ferreira uses leading questions to get Kirk Bunch to testify that Frank Carson decided to run for Stanislaus County DA during that time period. He states he learned about this while listening to a wire-tapped conversation between Frank Carson and Praveen Singh. Kirk Bunch testifies that there was a protest conducted in front of the DA’s Office during that time period. This results in a very long side bar. After the side bar, Kirk Bunch testifies that text messages between Georgia De Felippo and Christina De Felippo showed that Frank Carson had brought Praveen Singh back into his office. Marlisa Ferreira asks Kirk Bunch if he confirmed statements made by Michael Cooley about Frank Carson going to Michael Cooley’s house. Kirk Bunch states that he contacted the Turlock Police Department to find out all the service calls that had been made for the area where Michael Cooley lived. Kirk Bunch testifies that he was able to get some service calls. He states that there were 4-5 service calls prior to Korey Kauffman going missing. Marlisa Ferreira: “Did Michael Cooley ever become a suspect?” Kirk Bunch: “No.” There is an objection, and a side bar at this time. Marlisa Ferreira did not seem happy as she walked away from the side bar. Kirk Bunch testifies that only one of these service calls were related to Michael Cooley. Marlisa Ferreira: “What was the reason why Michael Cooley was not a suspect?”
Kirk Bunch: “There was no specific connective motive, he was cooperative, and he was providing information.” Holly crap, Michael Cooley was the last person to see Korey Kauffman alive, Michael Cooley buried his bicycle in his back yard, and was seen by Charlie O’Dell covered in mud in Escalon after “Getting Rid” of someone in the mountains who had owed him a large sum of money.
Testimony has shown that Korey Kauffman owed Michael Cooley around $10.000.00.

Marlisa Ferreira tries to ask Kirk Bunch something about Robert Branco. This gets objected to, and Judge Zuniga puts this question off until she has a chance to discuss it out of the presence of the jury. At this point, both the judge and Marlisa Ferreira begin having problems with their computers. Marlisa Ferreira gets Kirk Bunch to state that he interviewed Scott McFarlane on 03/07/2014. Kirk Bunch testifies that he asked Scott McFarlane if he had a conversation with Korey Kauffman about stealing items and being a “Scrapper.” Kirk Bunch states that he did ask Scott McFarlane about this, and that Scott McFarlane told him: “Yea.” Kirk Bunch testifies that he and Detective Cory Brown went to the mountains near Mariposa, and contacted Officer Sherrie Hendrix who had initially investigated the finding of Korey Kauffman’s body. He states that he had Detective Cory Brown do an additional search of the area because he felt that the officers in Mariposa inadequately processed the crime scene. Kirk Bunch states that he also spoke to Charlie O’Dell on 11/18/2013 and had asked him to look at some photos. Kirk Bunch testifies that Charlie O’Dell told him that he had seen three males of Hindu decent on the Carson property carrying what could have been a rifle. Kirk Bunch states that Charlie O’Dell told him that they were working on a fence, and “Setting a Booby Trap.” He states that Charlie O’Dell said this happened in 2012 around the end of March to the beginning of April.

Marlisa Ferreira tries to ask Kirk Bunch about the stolen book alert. He states that he obtained this from Baljit Athwal, and there were names mentioned in the alert. There is an objection to this, and Judge Zuniga tells Marlisa Ferreira to: “Move On.” Marlisa Ferreira now gets Kirk Bunch to testify that he was not involved in the AJ Pontillo case as an investigator. Kirk Bunch admits to doing an interview on a man named David Nelson, but states that this involved a different case than the AJ Pontillo case. Marlisa Ferreira: “Did Frank Carson file a motion that involved a Pitches Motion?” There is a loud objection to this, and Judge Zuniga sends the jury to an early lunch at 11:15AM. She has Kirk Bunch step out of the courtroom.

Judge Zuniga now goes over the areas of testimony where she stopped Marlisa Ferreira earlier this morning. She asks Marlisa Ferreira what she wants to ask concerning Robert Branco. Marlisa Ferreira tells the judge that supposedly Daljit Athwal told Robert Branco that he needed to teach Korey Kauffman a lesson, and he was not listening. Judge Zuniga now asks Marlisa Ferreira about the stolen book alert. She tells Marlisa Ferreira that Kirk Bunch can’t testify to that. Judge Zuniga now asks Marlisa Ferreira why she is asking about the Pitches Motion. Marlisa Ferreira states that Frank Carson was filing motions about Kirk Bunch in other cases. Judge Zuniga tells Marlisa Ferreira that the jury knows absolutely nothing about Pitches Motions. Marlisa Ferreira states that this question goes directly to one of her “Overt Acts” that are included in the charges against Frank Carson. She tells the judge that Frank Carson was trying to discredit the officers. Judge Zuniga asks Marlisa Ferreira if she is then going to go through the declarations. Marlisa Ferreira: “Yes.” Judge Zuniga: “Is it relevant?” Marlisa Ferreira: “Frank Carson was going through a rampage of filing declarations.” Judge Zuniga: “You need to stay away from the Pitches thing.” Marlisa Ferreira: “Overt Act #10 is what I need this for.” Judge Zuniga: “I have had a problem with that Overt Act.” Judge Zuniga: “Mam, I need you to tread lightly.”

It is now 11:25AM, and the jury is back in the courtroom, and Kirk Bunch is on the stand. Marlisa Ferreira shows Kirk Bunch the People’s #66. He states that it is a document that Baljit Athwal had given to him and Detective Navarro on 07/11/2012. It was the stolen book alert. Kirk Bunch states that the stolen book alert listed Michael Cooley, Eula Keyes, and Linda Sue Burns as persons of interest. Kirk Bunch testifies that Frank Carson filed a document against him on 10/11/2013. He states that the declaration was not true. Kirk Bunch now testifies about an interview he did with Robert Woody on 03/20/2014. Kirk Bunch states he got information from Michael Cooley, Ricky Cooley, Linda Sue Burns, and TJ Singh. He states he also got information from the body wire worn by Miranda Dykes. Marlisa Ferreira: “From 2012 to the present have there been any law suits filed against you?” Kirk Bunch: “Yes.” We now have a side bar. After the side bar, Judge Zuniga states that the last two questions have been stricken. Marlisa Ferreira asks Kirk Bunch in his 30+ years on work he has ever seen a defense lawyer hire a Private Investigator. This gets objected to, and the objection is sustained. Kirk Bunch testifies that he was present during the 08/15/2015 interview of Robert Woody. She now asks Kirk Bunch about when he took Robert Woody to the Pop N Cork Liquors on East Ave. He states that Robert Woody went to the back-fence area of the side lot and pointed out where the body of Korey Kauffman had been buried to DA Investigator Steve Jacobson. Kirk Bunch states he was present when they took Robert Woody to 838 9th Street, and the gate to the property was closed. The gate was locked, and they had a search warrant for the property. Kirk Bunch testifies that Robert Woody went through the gate directly to where the red double decker bus was parked and spoke to DA Investigator Steve Jacobson. Kirk Bunch states that the investigators took Robert Woody to Mariposa where the body of Korey Kauffman had been found. He states that they stopped about 100 yards from where the body was found near a turn around, and Robert Woody got out. He states that nobody told Robert Woody where the body had been found. He states that the investigators followed Robert Woody for around 100 yards when Robert Woody pointed out an area down a gully where the body of Korey Kauffman had been placed. He states that Robert Woody said: “This is the place.” Kirk Bunch testifies that it was about 35 feet from the road. At this time, Marlisa Ferreira states that she thinks she only has Robert Branco to go before she is done with Kirk bunch. Now she states that she does have one additional area to cover. She gets Kirk Bunch to testify that he was one of the investigators in the People vs Carmen Sabatino. I must note that Carmen was in the courtroom today and slept much of the time. I have heard that he is running for Mayor of Modesto once again. I don’t think he is up to the job. Time has passed him by a long time ago. Marlisa Ferreira: “Did Frank Carson call you names and make allegations against you?” Kirk Bunch: “Yes.” Marlisa Ferreira: “What was the result of the case?” Judge Zuniga: “Wait a minute.” It is now 11:45AM, and Judge Zuniga sends the jury out for an early lunch. She has Kirk Bunch step out of the courtroom. After the jury and Kirk Bunch are out of the courtroom, Judge Zuniga tells Marlisa Ferreira that her question concerning an attorney hiring a Private Investigator was very argumentative. She tells Marlisa Ferreira that she will have to re-phrase her question. Judge Zuniga then states that another issue she has is where Marlisa Ferreira is going with her questions concerning the Sabatino case. Marlisa Ferreira states that the defense attorneys are arguing that Frank Carson won that case. She states that the case actually ended in a mistrial. Judge Zuniga tells her that it is hearsay to have Kirk Bunch testify about this matter. She tells Marlisa Ferreira to obtain the Minute Order from that trial. Marlisa Ferreira states that the DA’s Office has not been able to find the Minute Order. Judge Zuniga tells her that she can get this from the court records. She tells Marlisa to get a certified copy. Judge Zuniga says another issue is whether or not Kirk Bunch was disciplined in the Sabatino case. Judge Zuniga: “Was there a formal complaint?” Marlisa Ferreira: “No.” Jai Gohel states that based on what Kirk Bunch testified about the trip to Mariposa, that the defense will be calling Detective Cory Brown to the stand. It is now 1:43PM, and Judge Zuniga asks Marlisa Ferreira if she found the places in the transcripts, she wants to use concerning what Robert Branco allegedly said. Marlisa Ferreira states that she only has the defense transcripts available at this time. Hans Hjertonsson states that he looked and found this information in the trial transcripts while Robert Branco was on re-direct. Marlisa Ferreira looks at this material that Hans Hjertonsson has found. Marlisa Ferreira did not find what she was looking for. She has just wasted almost one hour looking for something that does not exist. It is obvious to me that she comes to court totally unprepared.

It is now 2:29PM, and Judge Zuniga instructs the bailiff to call the jury into the courtroom. Kirk Bunch is put back on the stand. Marlisa Ferreira states that she has no further questions. I hear an audible sigh from people in the courtroom. Percy Martinez takes over on cross examination. He asks Kirk Bunch if Frank Carson challenged his honesty, integrity, and professionalism since 2006. Kirk Bunch: “I don’t recall.” That was a lie. Percy Martinez gets Kirk Bunch to admit that the Sabatino case was dismissed. Kirk Bunch does not recall if Frank Carson was critical of him and had called him a liar. That is a lie.


At this point, Kirk Bunch is starting to turn scarlet red on the stand. He looks like he is going to explode. Kirk Bunch could not recall if Frank Carson had called him a cheat. He turns a darker shade of red. Kirk Bunch does not recall Frank Carson calling him a liar in sworn declarations. Kirk Bunch admits that AJ Pontillo filed declarations against him for being dishonest. Kirk Bunch does not recall AJ Pontillo calling him a cheat. Kirk Bunch does not recall Frank Carson filing a sworn declaration against him in the Khan case. This was a Federal case. He was accused of manipulating the statements of witnesses in that case. Kirk Bunch gets refreshed on this and admits that this is true. Kirk Bunch does not recall if he read the sworn declaration concerning this in 2010. Kirk Bunch admits that Frank Carson also accused him of perjury. Kirk Bunch admits that he was on medical disability from his job for the Pittsburg, Ca Police Department. He states that he does not recall what percentage of disability he was classified as. Kirk Bunch admits that he knows Pat McGrath. Kirk Bunch admits that he told Frank Carson he knew where Frank Carson was living and had mentioned about Frank Carson having an election sign in his yard. Percy Martinez points out that this house was in an unincorporated area about 20 miles from Modesto. Percy Martinez points out that Frank Carson had never disclosed this house to anyone. Percy Martinez states that this happened during the Sabatino trial. Percy Martinez gets Kirk Bunch to admit that Frank Carson had said during a trial that Kirk Bunch was reviled for his dishonesty and integrity. Kirk Bunch denies that declarations against him from the Kwan case were used by other attorneys in other cases. Kirk Bunch denies that he sought an investigation of Frank Carson by a Federal Grand Jury for obtaining private information about him. Kirk Bunch does not recall if Frank Carson had called him mentally imbalanced.

Kirk Bunch denies that he was called by Turlock Police Officer David Shaw from Michael Cooley’s back yard. At this time, Judge Zuniga is having trouble with her computer again. Kirk Bunch admits that his investigation began from a call from Officer David Shaw. Kirk Bunch states that he did have some active gang related cases when he was called by Officer David Shaw. He states that he was involved in around three gang related cases at that time. Kirk Bunch states that Officer David Shaw was not involved with the gang task force at that time. Kirk Bunch admits that Officer David Shaw had told him that Michael Cooley was a reliable informant. This gets objected to, and the objection is sustained.

Kirk Bunch testifies that he got his call from Officer David Shaw on 04/02/2012. He states that Officer Shaw had informed him that he had been provided information from Michael Cooley. Kirk Bunch states that he wrote this information down but did not make an audio recording. Kirk Bunch testifies that he does not have his notes now, and does not recall what happened to the notes. Kirk Bunch states he wrote a report from his notes on either 4/03/2012 or 4/04/2012. He now says he thinks he wrote the report on 04/04/2012. Percy Martinez shows how Kirk Bunch wrote in a report that he got the call from Officer David Shaw on 04/04/2012 and wrote his report on 04/04/2012. Percy Martinez: “Did you?” Kirk Bunch: “No, it was a typo.” Percy Martinez: “Did you review your report?” Kirk Bunch: “Yes.” Percy Martinez: “Was it correct?” Kirk Bunch: “No.” Kirk Bunch admits that he has never corrected the date on his report. Percy Martinez: “Officer Shaw told you that he had urgent information?” Kirk Bunch: “I do not recall the word urgent.” Kirk Bunch gets refreshed and admits that this is true. Percy Martinez: “Officer Shaw told you he did not record his conversation with Michael Cooley?” Kirk Bunch: “Yes.” Kirk Bunch, after objections and a side bar, admits that Officer Shaw told him that he had information concerning 838 9th Street. Percy Martinez gets Kirk Bunch to admit that he identified Frank Carson as being the owner of that property from utilizing the DA’s data base, and wrote his report on 4/3/2012 or 4/4/2012. Percy Martinez points out to Kirk Bunch that he just recently testified that he talked to Michael Cooley on 4/28/2012 and 2-3 weeks had used the program called “Clears” at the DA’s Office to confirm that Frank Carson was the owner of 838 9th Street. Percy has just caught Kirk Bunch in a lie. Kirk Bunch denies that he had recently testified to this. I could see the jury rolling their eyes. It is now 3:03PMm and we take a break.

At 3:25PM, Percy Martinez asks Kirk Bunch how many interviews of Michael Cooley he had done. Kirk Bunch: “I don’t know.” Percy Martinez starts asking questions about the first interview of Michael Cooley that was done on 4/28/2012. Kirk Bunch admits that Michael Cooley had told him that he was having trouble with Frank Carson’s brother Terry Carson. Kirk Bunch admits that Michael Cooley had told him that he knew Frank Carson because Frank had represented him in court cases.
Percy Martinez: “Did you go back 2-3 weeks later and show Michael Cooley a DMV picture of Frank Carson?” Kirk Bunch: “Yes.”
The prosecution has throughout this case contended that Michael Cooley had the confrontation with Frank Carson. It appears to me that the confrontation was with Terry Carson. Percy Martinez now points out to Kirk Bunch that he has just testified that the first thing he did was to use the DA’s internal data base to confirm that Frank Carson was the owner of 838 9th Street. Kirk Bunch does not recall testifying that he did this “The first thing.” Percy Martinez impeaches Kirk Bunch with the transcripts of his recent testimony. Percy Martinez points out Kirk Bunch testified that he first talked to Officer David Shaw on 04/02/2012. Percy Martinez: “Do you remember writing your report on 12/26/2014?” Kirk Bunch: “No.” Percy Martinez: “Do you remember writing in that report that you interviewed Michael Cooley on 04/02/2012?” Kirk Bunch: “No.” Percy Martinez refreshes Kirk Bunch, and he admits that he wrote that date in his report. Kirk Bunch admits that he wrote that, but it is another typo. Percy Martinez: “In the report you wrote on 4/3/2012 or 4/04/2012 did you review information from the DA’s internal data base?” Kirk Bunch: “Yes.” Percy Martinez: “Did you write that in your report?” Kirk Bunch: “No.” Percy Martinez: “When you prepared the 4/4/2012 report had you only spoken to Officer David Shaw?” Kirk Bunch: “Yes.” Percy Martinez: “You said you spoke with Michael Cooley on 4/28/2012?” Kirk Bunch: “Yes.” Percy Martinez: “You also said you spoke with Kevin Pickett?” Kirk Bunch: “Yes.” Percy Martinez: “When?” Kirk Bunch: “That week.” Percy Martinez: “You testified you spoke with Kevin Pickett around 4/03/2012?” Kirk Bunch: “Yes.” Percy Martinez shows Kirk Bunch a copy of that report. Percy Martinez: “Could you show me where you indicate you spoke with the Kevin Pickett family?” Kirk Bunch now is beyond red, and shaking on the stand. That weird tongue thing he does is out of control. Remember that tardic disconesia thing folks. Kirk Bunch: “I did not write it in the report.” Percy Martinez points out in the report that Officer David Shaw had told Kirk Bunch about the thefts on the Frank Carson property, and had told him that was a motive for murder. Percy Martinez now shows the report to Judge Zuniga. Percy Martinez states that Kirk Bunch had written in the report that Michael Cooley believed that Korey Kauffman had been murdered, and that therefore Kirk Bunch wrote that the prior thefts from the Carson property were motive for the murder. Percy Martinez points out that Kirk Bunch had not spoken to Michael Cooley when he wrote that report. Percy Martinez gets Kirk Bunch to admit that Michael Cooley had told him it was Terry Carson who had made the threats. Kirk Bunch admits that it was Officer Shaw was the one who told him about the three subjects on the Carson property with what looked like a rifle. Percy Martinez: “Did you put that in your notes?” Kirk Bunch: “Yes.” Percy Martinez: “Did you destroy your notes?” Kirk Bunch: “Yes.” Kirk Bunch had testified earlier today that he did not know what happened to these notes. Percy Martinez: “So when you said you did not know what happened to your notes that was not true?” We have a side bar. Percy Martinez: “Michael Cooley told you that Frank Carson represented him in court cases?” Kirk Bunch: “Yes.” Percy Martinez: “Did you find any court records?” Judge Zuniga: “That is not relevant sir.” Percy Martinez: “You said you did a search of any service calls for the Michael Cooley area?” Kirk Bunch: “I found none.” Percy Martinez: “The only calls you found were from Frank Carson and Georgia DeFelippo?” Kirk Bunch: “Yes.”

Percy Martinez now goes back to the 4/28/2012 interview of Michael Cooley. Kirk Bunch testifies that Eula Keyes was present. Percy Martinez: “Michael Cooley told you about the last argument?” Kirk Bunch: “Yes.” We now have a side bar. Percy Martinez: “When you interviewed Michael Cooley about the last argument, he told you the person told you if he caught him on the Carson property, he would shoot him on sight?” Kirk Bunch: “Yes.” Percy Martinez: “You asked Michael Cooley who said that?” Kirk Bunch: “Yes.” Kirk Bunch admits that Michael Cooley told him that this person was Frank Carson’s brother Terry Carson. Kirk Bunch admits that Terry Carson identified himself as a Private Investigator. The police showed up, and he did not have any credentials as a Private Investigator. Kirk Bunch states that a Sargent from the Turlock Police Department had asked about the credentials. Kirk Bunch states that he did not find any police report concerning this incident. Percy Martinez gets Kirk Bunch to admit that in February of 2012 there were two instances where Frank Carson came by the Cooley house and that Frank Carson had identified himself on both occasions. Kirk Bunch admits that the police reports identified the person as Frank Carson. Court will resume at 9:30AM tomorrow. It is now 11:35PM, and I have been typing since 7:30PM. I am gassed but will be there tomorrow for the entire day to report on what I see and hear.

Sincerely: William Thomas Jensen (Tom)

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