FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF ARGUMENTS 04/09/2019
WEEK 47, DAY 162
BY WILLIAM THOMAS JENSEN (TOM)
HOPEFUL I WILL HAND OUT MARBLES
Marty Carlson was busy today, so I attended the whole day of arguments. The defense has made a motion for a mistrial with prejudice for a situation concerning DA Investigator Kirk Bunch. Kirk Bunch has just testified that he had a previously undisclosed interview with Kevin Pickett where Mr. Pickett allegedly told him that Korey Kauffman went missing on 03/30/2012. Kirk Bunch has testified that he did not record this interview and destroyed his notes. It is my opinion that he has blatantly lied on the stand in order to save the prosecution’s failed case against the defendants. We heard arguments all day long. Many of these arguments were repetitive, and I will do my best to avoid the repetitive things so that I can get to bed at a reasonable time tonight. I am bound and determined to be in the courtroom at 9:30AM tomorrow to hear Judge Zuniga’s ruling on the motion. From some comments that I heard from Judge Zuniga, I feel that she might be leaning towards granting the mistrial. I brought a very heavy bag full of individual bags of marbles into the courtroom today. I intend on handing them out to the defendants, lawyers, and Frank Carson’s mother. I love Frank’s mother and have adopted her as my own. I only hope if I live to be 92 years old that I can be half the person she is. The marbles will be delivered absolutely, only the day is in question. Now, I will try to paint for you a slightly condensed picture of what I experienced in the courtroom today.
At 9:48AM, Judge Zuniga steps up to the bench, and begins talking about needing to review something about a Professor Leo, who will be testifying for the defense about coerced confessions. At this point, Jai Gohel requests that Kirk Bunch be ordered out of the courtroom before the arguments begin. He leaves the courtroom doing that strange tongue thing with a noticeably red face.
Defense attorney Hans Hjertonsson starts out speaking about how the prosecution provided no discovery about the alleged interview of Kevin Pickett that he says he had on 04/03/2012. Hans states that Kirk Bunch testified on 03/28/2019, and 03/29/2019 about that alleged interview. Hans states that Kirk Bunch testified that he had a conversation with Detective David Shaw of the Turlock Police Department on 04/02/2012 where he obtained information about Korey Kauffman, then had the alleged conversation with Kevin Pickett on 04/03/2012. Hans states that Kirk Bunch testified that Kevin Pickett told him that Korey Kauffman went missing on 03/30/2012. This is in direct conflict with Kevin Pickett’s testimony where he repeatedly insisted that Korey Kauffman went missing on 03/29/2012. Hans states that he has gone through Marlisa Ferreira’s questions, and he states that it is obvious that Marlisa Ferreira was already aware of this alleged interview that had not been discovered to the defense. Hans states that he went through each and everything that was discovered to the defense, and Kevin Pickett had never said that Korey Kauffman had disappeared on 03/30/2012. Hans points out that Kevin Pickett had told Detective Navarro on 05/06/2012 that Korey Kauffman had gone missing on 03/29/2012. Hans states that Kirk Bunch went through Kevin Pickett’s day planner about two weeks later, and the day planner stated that Korey Kauffman had gone missing on 03/29/2012. Hans states that Kirk Bunch has been in the courtroom every day and is well aware that the defense is of the opinion that Korey Kauffman went missing on 03/29/2012. Hans speaks about the muddy Michael Coley and Eula Keyes that were picked up by Charlie O’Dell in Escalon after “Getting Rid” of someone in the mountains. Hans states that he made his decision on how to proceed with his defense based on the discovery that was provided by the prosecution. He states that it is “Key” that Kevin Pickett testified that Korey Kauffman went missing on 03/29/2012. Hans states that Kirk Bunch now says that he had the alleged interview with Kevin Pickett, took notes, did not write a report, and destroyed his notes. He states that Kevin Pickett was never impeached about Korey Kauffman going missing on 03/29/2012. He states that Kirk Bunch has now put the defense in a very bad situation. He questions why Kirk Bunch would destroy his notes. He asks for a mistrial with prejudice.
Jai Gohel joins in on these arguments. He states that what has happened in the courtroom is very damaging. He states that the person who lived with Korey Kauffman testified that he always came home and did not come home on 03/29/2012. Jai brings up the day planner. He states that 03/29/2012 is backed up by police reports, the headstone on Korey Kauffman’s grave. He states that Kevin Pickett never said that Korey Kauffman went missing on Friday, and that Kevin Pickett’s testimony came in very powerfully for the defense. Jai states that now after 120 witnesses, Kirk Bunch creates this phone call. He states that Kirk Bunch did not record the phone call, did not document the phone call in a report, and destroyed his notes. He states that Kirk Bunch has done this to try to save their failing case at the end of the trial. He states that Kirk Bunch has perjured himself by saying that Marlisa Ferreira had no knowledge of the call. Jai states that the defense did not impeach him, so why would Marlisa Ferreira ask Kirk Bunch these questions. Jai Gohel states that this is the third discovery violation in the trial, and it comes at a critical point of the case. Jai asks why Kirk Bunch would destroy his notes, and why he would not document that with a report. He calls it a “Hail Mary” attempt to save their case. He states that Marlisa Ferreira should be put on the stand, and that Kirk Bunch should be put on the stand. Jai Gohel states that there needs to be an evidentiary hearing on this issue. He states that this situation is undermining the fairness of this case, and he moves for a mistrial with prejudice.
Percy Martinez joins with these arguments. He speaks about the necessity of timely and complete discovery to the fairness and due process of the case. Percy states that Kirk Bunch is now saying that Kevin Pickett told him on 04/03/2012 that Korey Kauffman disappeared on 03/30/2012. Percy calls this “Pivotal” in this case. Percy states that Kevin Pickett has testified that Korey Kauffman went missing on 03/29/2012. Percy states that the defense has seen Kirk Bunch hand Marlisa Ferreira “Ten Packetts” of sticky notes. He questions her statement that she had no knowledge of the alleged phone call to Kevin Pickett. Percy goes through the same arguments that were said before. Percy now brings up how Kirk Bunch testified how he spoke to Detective Jason Garner (now deceased), and that Garner wrote in a report that Kevin Pickett had told him that he had not seen Korey Kauffman for several days. Percy points out that Garner did not say that Kevin Pickett told him what day that Korey Kauffman had gone missing. He states that Kirk Bunch never wrote a report on this as well, and never wrote a report that said that Garner had said that Korey Kauffman had gone missing on 03/30/2012. Percy Martinez now states that seven years later Kirk Bunch says this on 04/03/2019. Percy states that the alleged 04/03/2012 interview of Kevin Pickett was never disclosed, and that it is pivotal for the defense. He states that this puts the defense at a disadvantage. He calls this a reoccurring theme in this case. He states that this has caused the defense to not to be able to properly prepare their defense, and denies the defendants of due process. Percy states that Kirk Bunch is the lead investigator, and he should have known better. He calls it outrageous conduct for the Government. Percy states that the missing date of 03/29/2012 is backed up by the flyers, and the date on the tombstone. He states that every piece of evidence from the family points out to 03/29/2012. He states that Kirk Bunch has known this from day one of the investigation, and that Kevin Pickett has been firm about 03/29/2012. Percy states that Kirk Bunch has lied on the stand about this. He asks for a mistrial with prejudice.
Marlisa Ferreira asks the court to not hear this motion until she can do her re-direct. She calls the record incomplete, and the motion premature. She states that this is not exculpatory. Judge Zuniga states that Jai Gohel has called for an evidentiary hearing. Marlisa Ferreira goes out to the hallway to get Kirk Bunch. At 10:30AM, Kirk Bunch is put on the stand. Marlisa gets Bunch to state he got his prior information from Detective David Shaw on 04/02/2012. Kirk Bunch states that the date of 04/04/2012 was a typo that he had written in his report. I must note that he admitted to two “Typos” on dates that were contained in his reports. Kirk Bunch states that he also had the Garner report for information. He states that he got this report on the morning of 04/03/2012. Kirk Bunch states that Garner told him that Kevin Pickett had told him Korey Kauffman had gone missing on 03/30/2012. Kirk Bunch testifies that he checked on the MUPS system for information, and found the date Korey Kauffman went missing was 03/30/2012. He states he spoke to Kevin Pickett on 04/03/2012, and he was very upset and crying. He states he spoke to Kevin Pickett to make his introduction. Kirk Bunch states he asked for Tony Kauffman’s phone number and Trina Richardson’s phone number. He states he did not write the information down in a report, because he felt that it was unnecessary to do so. He states there was no new information that was provided to him. He states that the only two things that were in his notes were two names and two phone numbers. How can we trust what he says about this? We have no way of seeing if this is true. He destroyed his notes. Bunch testifies that based on information that he got from Detective Navarro about the Mulberry Mobile Home stop, he determined that Kevin Pickett was off on his dates. Judge Zuniga is upset that Marlisa Ferreira is wondering away from the central issue. She has Kirk Bunch step down. Judge Zuniga: “The issue Mam is that Kirk Bunch never discovered to this to anyone about having a phone call with Kevin Pickett on 04/03/2012.” Judge Zuniga: “He did not write a report and destroyed his notes.” Judge Zuniga: “Get Kirk Bunch back in here.”
Percy Martinez gets Bunch gets Bunch to admit that he spoke to Detective Shaw on 04/02/2012. Bunch denies that he checked with the Sheriff’s Department data base on missing persons on that same day. He states that he did so on 04/03/2012. Percy asks Kirk Bunch if he had to punch in his name in the computer when he checked the data base. Kirk Bunch states that he had a legal clerk do so. Percy asks Kirk Bunch who the legal clerk was. Kirk Bunch: ” It was my wife or another person.” Kirk Bunch states that he wife did work for the DA’s Office during 2012, but is not sure on what months. He states that the other person could be a person named Karen Gisler. Kirk Bunch states that he contacted Jason Garner on the same day (4/3/2012.) Percy shows Bunch the Garner report. Percy shows Bunch how Garner had written that Kevin Pickett had told him that he had not seen Korey Kauffman for several days, and had not said that Korey Kauffman had gone missing on 03/30/2012. Percy gets Bunch to admit that he did not write a report on his meeting with Garner, or make a recording. Percy gets Bunch to say that he had written in a report that he called Michael Cooley on 04/05/2012 and had left a message with Eula Keyes. Kirk Bunch now admits that he did not write a report about the phone call on 04/05/2012. Kirk Bunch admits that he did not mention in any report that he contacted Kevin Pickett on 04/03/2012. After being refreshed, Kirk Bunch admits that he did not write in any report that Kevin Pickett told Jason Garner that Korey Kauffman disappeared on 03/30/2012. We now take a break. It is announced that the jury will be sent home for the day, and court will resume at 9:30AM tomorrow. After the break, Judge Zuniga states that she wants the jury instructions immediately.
At 11:28AM, Kirk Bunch is put back on the stand. Percy asks Bunch if he testified that when he spoke with Kevin Pickett he already had the names of Tony Kauffman and Trina Richardson. Bunch: “No.” Bunch testifies that on 04/03/2012 he only had the first or the last names of Korey Kauffman’s biological parents. Bunch does not recall where he got their names. Percy Martinez has Kirk Bunch review the Garner report. Bunch admits that Garner had contacted Kevin Pickett, and that Garner had identified Kevin Pickett as Korey Kauffman’s stepfather. Percy: “When did Jason Garner die?” Bunch: “During the preliminary in May of 2017.” Percy has no further questions.
Hans Hjertsonsson gets Bunch to admit that he testified that he took notes of his 04/03/2012 call with Kevin Pickett. Hans gets Bunch to admit that he did not write down in his notes the date that Kevin Pickett had last seen Korey Kauffman. Bunch states that Kevin Pickett gave information about when he last saw Korey Kauffman, but did not say he last saw Korey Kauffman on Friday. Hans: “So on 04/03/2012 Kevin Pickett told you the last time he saw Korey Kauffman?” Bunch: “Yes.” Hans: “When Percy Martinez asked you on the stand about this, you said “No.” Hans: “So you have testified differently?” Bunch: “No.” Sounds to me that Bunch can’t admit to his lies. Hans: “You testified that you did not write a report because you deemed it unnecessary.” Hans: “Did you have frequent meetings with Navarro and Evers?” Bunch: “Yes.” Hans: “Did Navarro speak with Kevin Pickett on 05/09/2012?” Bunch: “Yes.” Hans: “Navarro then said that Kevin Pickett said that Korey Kauffman disappeared on 03/29/2012?” Bunch: “No.” I think this can be disproved from a report by Navarro. Hans: “Then Navarro spoke to Kevin Pickett again, are you familiar with the day planner?” Bunch: “I never saw it.” I think that must be another lie. Hans gets Bunch to admit that the date is very important. Bunch denies that he had a conversation with Navarro on the 29th about the conflicting information. He gets Bunch to admit that he knew Kevin Pickett talked with Michael Cooley after Korey Kauffman had gone missing. Bunch states that he did not record his conversation with Kevin Pickett because he felt he did not have to do so.
Jai Gohel goes over the same stuff related to Jason Garner stating that Kevin Pickett had only said that Korey Kauffman had been missing for a few days, and had not mentioned it was on Friday the 30th of March. He gets Bunch to admit this after being refreshed. He gets Bunch to admit that the synopsis section where the 30th is mentioned is only referring to the immediate family of Korey Kauffman. Jai points out that Bunch has stated the reason he did not write a report was that there was no new information. He gets Bunch to state that he did not write a report after Jason Garner died. He gets Bunch to admit that when Marlisa Ferreira asked him, he said that Kevin Pickett told Jason Garner that the last time he saw Korey Kauffman was on 03/30/2012. Jai Gohel: “Did you hear Kevin Pickett testify?” Jai Gohel: “Did you hear him say 03/29/2012?” Bunch: “Yes.” Jai Gohel: “You saw the day planner, and it says the 29th?” Bunch: “Yes.” I thought he just testified that he did not see the day planner. Jai Gohel: “Prior to your testimony did you tell Marlisa Ferreira about Korey Kauffman going missing on the last Friday of March in 2012?” Bunch: “No.” Jai Gohel: “Did you hear Kevin Pickett testify in the preliminary hearing?” Bunch: “Yes.” Bunch states that he is “Not sure” if he never mentioned Kevin Pickett said that Korey Kauffman went missing on 03/30/2012. It is now time for lunch.
At 1:31PM, Jai Gohel asks Kirk Bunch if he was present when Kevin Pickett talked about the headstone with the date of 03/29/2012 on it. Kirk Bunch: “Yes.” Jai Gohel: “Are you aware that some of the flyers say that the date was 03/29/2012?” Bunch: “Yes.” Jai Gohel: “The report you wrote was created between 4/12/2012 to 5/5/2012?” Bunch: “Yes.” Bunch admits that he referred to Jason Garner in his report, but did not say anything about Garner giving a date concerning the disappearance of Korey Kauffman. Bunch has to admit that he did not write in his report that he had an interview with Kevin Pickett on 04/03/2012. Jai Gohel has no further questions.
Marlisa Ferreira gets Bunch to testify that the 03/30/2012 date was mentioned in the synopsis of the Garner report. Bunch states that the synopsis is a synopsis of what Jason Garner said, and had entered into MUPS. Marlisa asks Bunch about how Hans Hjertonsson had asked him about his conflicting testimony about the dates. Judge Zuniga has her move on. Marlisa Ferreira: “Did Kevin Pickett tell you he did the flyer?” Bunch: “No.” Marlisa has no further questions.
Percy Martinez gets Bunch to admit that the investigators shared the day planner with him sometime in May of 2012. He gets Bunch to admit that the immediate family of Korey Kauffman were the ones mentioned in the synopsis that said that he had gone missing on 03/30/2012. Bunch admits that he has no indication where the family got that date. None of the attorneys have any more questions. Judge Zuniga: “You may step down, and out of the courtroom sir.”
Marlisa Ferreira states that the idea that there is a discovery violation is not supported by the evidence. That is a ridiculous statement for her to make. She states that there was no new information, so Kirk Bunch did not have to write a report. She states that there is no violation of due process. That is another ridiculous statement. She states that the information is not exculpatory. That is another ridiculous statement. She states that it is not Brady. Ridiculous once again. Marlisa states that the court ordered her to impeach Kevin Pickett during a side bar. She states that the synopsis provides the totality of the information from the Garner report. She states that the defense had made angry, inflammatory arguments this morning, and that Kevin Pickett had been impeached several times regarding the 29th. She states that he was uncertain about the date. She states that he had prepared his day planner several weeks after Korey Kauffman had gone missing. She states that the defense has called it a blatant attempt to fabricate evidence. She states that the defense has obtained a picture of the gravestone, and have been able to adequately do their defense. She states that the information did not conflict, so Kirk Bunch had no duty to write a report.
Judge Zuniga asks Marlisa how she knew to ask Kirk Bunch the question if she did not know. She states that she was aware that Kirk Bunch had talked to the family members. Judge Zuniga looks through her notes.
Hans states that he does not find Marlisa’s comments to be real. He states that there is no such report, and that all reports indicate that Korey Kauffman disappeared on 03/29/2012. Hans: “What report is she referring to?” Hans: “She told the court there are numerous statements, it is obvious that she knew about this.” Hans: “The court asked her if she had provided all the discovery, and she said “Yes.” Hans: “I read Kevin Pickett’s testimony, and she is misstating the evidence, it is clear it is the 29th.” Hans: “I want her to pinpoint for me where Kevin Pickett was unsure about the date.” Hans: “of course there is a huge conflict, in May when Navarro spoke to Kevin Pickett.” Hans: “It seems a prudent investigator would discuss that he told me it was on 03/30/2012.” Hans: “nothing like that happened.” Hans: “It is absurd that a report was not needed, it’s not there judge, she’s lying”
Jai Gohel: “Never once did Marlisa Ferreira say she was going to impeach Kevin Pickett.” Jai: “We did not have all the discovery.” Jai: “This is a whole interview we had nothing about.” Jai: “Please read Kevin Pickett’s testimony, there is no point where he wavered.” Jai: “How can Bunch impeach with Jason Garner’s statement?” Jai: “He is dead.” Jai: “There is no doubt that Marlisa Ferreira knew based on the questions.” Jai: “Bunch saying no was not true.” Jai: “Now she is going to use this in her closing arguments.” Jai: “Do not rule until you read the entire Kevin Pickett testimony.” Jai: “I say Jason Garner’s report is ambiguous.” Jai: “We can’t cross Jason Garner, he is dead.” Jai: “This is sandbagging at its worst.” Jai: “This has happened over and over again.” Jai: “No sanctions have worked.” Jai: “In May of 2012, when Bunch found out about the day planner, he should have written a report.” Jai: “The only solution is a mistrial with prejudice.” Jai Gohel was simply powerful in his arguments.
Percy joins with these arguments. Percy once again reminds the court that Garner’s report did not mention a date, or that it was the last Friday in March of 2012. Percy states that Kirk Bunch was already convinced that Frank Carson had motive between 04/02/2012 to 04/04/2012 from the information he got from David Shaw. Percy states that when Kirk Bunch contacts Kevin Pickett, he tells him information that was already given to Jason Garner. Percy states that there is no evidence that Korey Kauffman made calls on 03/30/2012. Percy: “Why destroy notes in a murder investigation?” Percy: “Submitted.”
Marlisa: “Why is it pivotal that it was the 29th?” Marlisa: “What is relevant is what information was obtained.” At this time, Mr. Microphone, Mark Davis steps into the courtroom and is confronted by the bailiff. He states that his subpoena has expired. Judge Zuniga confronts him and tells him he has to get out. He is scheduled to be back on May 1st at 9:30 to speak to the judge about this issue.
We now get back to the arguments. Marlisa Ferreira states that the incoming and outgoing calls from Korey Kauffman stopped at 10:30PM on 03/30/2012. She goes on an extended rant. She goes through all the arguments that she has already made. She tells the judge that she is not lying to her. She asks the judge to deny the defense motion for a mistrial with prejudice. Judge Zuniga states that she will read the Kevin Pickett testimony. She has some stern words about some of Marlsia Ferreira’s arguments. I am getting the feeling that we may have a chance for something wonderful, but then again, I am the eternal optimist about these things. We go over some other issues and are done for the day. I must note that I failed to keep this article short. It is now 11:20PM, and I have been typing since 7:00PM. Time for my kitchen chores, and a bath. I will be sleep walking tomorrow morning.
Sincerely; William Thomas Jensen (Tom)
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