FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
MORNING SESSION 04/10/2019
WEEK 47, DAY 163
BY WILLIAM THOMAS JENSEN (TOM)
I came to court this morning thinking that the defense had a good shot at getting a mistrial with prejudice. I was ready in the back of the room for that Perry Mason moment. I had my bags of marbles waiting to give out. I was sorely disappointed. Judge Zuniga rules that the prosecution did nothing illegal and denies the motion. I am not a lawyer, but the logic in her ruling confounds me. If there are any lawyers out there reading my stuff, would you please chime in on how the case law reads concerning this situation? I am gratified that the final decision will be in the hands of the jury soon. They have seen everything I have seen, and much more. It is inconceivable to me how they can’t see much more than reasonable doubt already in this case. Now the defense is going to be able to put on their evidence. The case that the defense is going to put on will be compelling. I know in my heart, mind, and soul that justice has just been postponed, and the day will come soon when those bags of marbles will be handed out.
We start out at 10:07AM this morning with Jai Gohel standing with one of his future witnesses named Alejandro Velasquez. Mr. Velasquez is a close family member of Victor Navar. He will be testifying about Victor Navar being a “Conman.” I guess the family of Victor Navar have some issues with him. He is scheduled to come back to testify on April 17, 2019 at 9:30AM. This is encouraging to me because that means Marlisa Ferreira will finally be done with her Case in Chief. I don’t really know if I actually believe that will happen. Like I have said, if she never ends her case, she will never lose her case.
At 10:12AM, Judge Zuniga begins to speak. She states that she spent a long time going through the testimony of Kevin Pickett last night. She states that Ms. Ferreira is incorrect about Kevin Pickett not making flyers concerning the missing Korey Kauffman. The judge now states that Jai Gohel was correct when he said that Kevin Pickett never said it was the last Friday in March in 2012. Judge Zuniga starts talking about how Hans Hjertonsson was correct when he said that Marlisa Ferreira never confronted Kevin Pickett about the date of 03/29/2012. I am thinking at this point that things are going well, and then everything seemed to go down the drain. Judge Zuniga states that the law does not require Marlisa Ferreira to impeach Kevin Pickett about the date he claims that Korey Kauffman disappeared. Judge Zuniga now states that the “Jist” of the defense’s argument is that there was a discovery violation, that this was new evidence, there was a violation of due process, and denying the defendants a fair trial. Judge Zuniga states that the dates of 03/29/2012 and 03/30/2012 have always been an issue in this case. She states that this goes all the way back to the Preliminary Hearing. Judge Zuniga states that she could not find anything concerning Kevin Pickett and 03/30/2012 in the Bunch testimony. I hope that I got that correct. Deciphering my notes is difficult at times. The judge now states that the defense has argued that this is new evidence and have been sandbagged by the prosecution. She states that the defense has argued that Kirk Bunch should have completed a police report. Judge Zuniga states that the defense is arguing that all of this has impacted due process. Judge Zuniga states that the facts show that the date issue is not new evidence in this case. She states that what is different is the source of the date. Judge Zuniga questions what the defense would have done differently if there had been a report on this completed. Judge Zuniga now starts speaking about the argument about the police report. She goes to Justice Hoffstadt’s book. She cites the U.S. vs Rodriguez, and states that he states that it is not required. She says something about the case law saying that “Justice Shall Be Done.” Judge Zuniga states that based on this case law, the argument that Kirk Bunch was required to write a police report is now well received. She states that based on this, there is no discovery violation. Judge Zuniga states that it would have helped if Kirk Bunch had done a police report, but it was not legally required. Judge Zuniga tells Marlisa Ferreira that her argument that the defense still has the 29th of March available to them in their defense is well taken. Judge Zuniga states that if the jury weighs the evidence and convicts, the date does not matter. Judge Zuniga states that Marlisa Ferreira asked Kevin Pickett questions about the date, and he had testified about the date being 03/29/2012, and had used a police stop at the Mulberry Mobile Home Park as a way that he confirmed the date. She states that she disagrees with the defense argument that he was perfectly clear about the date, and states that the jury might disagree with her. Judge Zuniga states that she sees the issue of Kirk Bunch not writing a police report as more of a positive for the defense because they can impeach him on that subject. That is certainly true. Judge Zuniga: “Motion for mistrial is denied.” Percy Martinez asks for some instructions to the jury on this issue. Judge Zuniga tells him that this can be taken up with the jury instructions. Judge Zuniga reminds all of the lawyers that she wants the jury instructions immediately.
It is now 11:02AM, and the jury is brought into the courtroom. Judge Zuniga tells the jury that they will start at 1:30PM tomorrow. I am not sure if there are arguments in the morning. Please listen to Marty Carlson’s Podcast to find out all the details. Kirk Bunch is put on the stand. Jai Gohel starts asking the questions. He literally goes for the jugular. I really think this played well with the jury. They heard a lot. Much of what he asked was objected to and sustained. It really does not matter. The jury heard what they heard, and I could see them open up their eyes as he spoke. This is why a jury is so precious. All the legal crap goes out the door, and they replace it with some good old common sense. The jury is what keeps our government under control and allows justice to be served. Jai Gohel starts out mildly by getting Kirk Bunch to admit that Baljit Athwal had said some statements like “Thank you very much,” “Nothing at all” when asked some questions. Jai Gets Kirk Bunch to admit that Baljit Athwal had stated that he had nothing to do with the killing of Korey Kauffman, and nothing to do with nobody. Jai Gohel gets Bunch to state that Baljit Athwal said he did not think that he had ever been in the Stanislaus National Forest. When Bunch had asked Baljit Athwal again if he had murdered Korey Kauffman, he told Bunch: “No sir.”
Jai Gohel gets Kirk Bunch to testify that on 03/25/2014, which was less than one month after the Robert Woody interview, he had told Baljit Athwal some details of what Robert Woody had said happened. Jai Gohel gets Kirk Bunch to admit that Baljit Athwal told him: “Whatever Robert Woody said, I don’t believe him, because he started using drugs again, and I have not seen him for seven months.” Jai Gohel gets Kirk Bunch to admit that Marlisa Ferreira had asked him how he had spoken to Kevin Pickett from his car, and how he had testified that Kevin Pickett had told him the date was on the Friday at the end of March in 2012. Jai Gohel now points out to Kirk Bunch that Kevin Pickett had testified in court around a year ago that the date that Korey Kauffman had disappeared was 03/29/2012. Jai Gohel gets Kirk Bunch to admit that he did not write a report, did not record the conversation, and had destroyed his notes. Jai Gohel gets Kirk Bunch to admit that he did not ever write a report on this conversation, even though almost seven years had passed by. Kirk Bunch denies that the first time that this conversation was brought up was here in front of the jury a few days ago. He states that it was discussed during meetings at the District Attorney’s Office. How Marlisa Ferreira did not hear about this conversation is beyond belief. I do not believe her. It is my opinion that she lied on this when asked if she had knowledge. Jai Gohel asks Kirk Bunch if the information in his alleged conversation with Kevin Pickett was different from Kevin Pickett’s testimony. Kirk Bunch does his rendition of Jim Cook by stating: “I can’t answer that question as posed.” I could see the jury roll their eyes once again. They are getting tired of hearing this response. Jai Gohel starts asking Kirk Bunch about the Khan Federal case where Frank Carson had made a declaration against him. Kirk Bunch admits that Frank Carson accused him of being a liar, and of being manipulative. Jai Gohel asks Kirk Bunch if anyone else has called him manipulative. We have a side bar on this issue. During the side bar, we all noticed Kirk Bunch turning lobster red. He looked like the “Extra Crispy” Kirk Bunch doing a fried chicken commercial. Apparently, Jai Gohel lost that side bar. After the side bar, Jai Gohel asks Kirk Bunch if he is sure if he is 100% unbiased. Of course, Kirk Bunch says he is 100% unbiased. Kirk Bunch also says he is free of any animosity towards Frank Carson. I know for a fact that these two people hate each other.
Jai Gohel now goes into Michael Maunakea and gets Kirk Bunch to admit that he had done the interview with this person. Jai gets Kirk Bunch to admit that Michael Maunakea accused several Turlock Police Department Officers of threatening his life. Jai Gohel gets Kirk Bunch to admit that he interviewed Praveen Singh. Jai Gohel: “Did you check on Praveen Singh’s charges?” Kirk Bunch: “I arrested him.” Jai Gohel: “Is he charged with perjury, solicitation of the commission of a robbery, and Federal charges for fraud?” Kirk Bunch: “Yes.” Jai Gohel: “And Marlisa Ferreira called Praveen Singh as a witness in this case?” I think this question gets shot down for being argumentative. Jai Gohel: “And you are 100% with no animosity?” Bunch is beyond red and doing his weird tongue thing that bulges out his jowells. Jai Gohel reminds Kirk Bunch that Marlisa Ferreira had played the audio/video recording of the 08/09/2012 invasion of Frank Carson’s Law Office by Bunch, Navarro, and Evers. Jai gets Kirk Bunch to admit that Frank Carson asked if they had a search warrant/arrest warrant. Jai Gohel: “And you are 100% unbiased?” Kirk Bunch: “Yes.” Jai Gohel: “You went to Frank Carson’s Law Office?” Kirk Bunch: “Yes.” Jai Gohel: “Did Frank Carson ask you if you had a search warrant?” Kirk Bunch: “I can’t remember if he asked about a search warrant or an arrest warrant.” Kirk Bunch admits that Frank Carson asked him around 30 times to leave his law office. Kirk Bunch admits that he told Georgia DeFelippo that things would go “All Bad” for her. Jai Gohel: “You interviewed Victor Navar?” Kirk Bunch: “Yes.” Jai Gohel: “Victor Navar killed someone?” Kirk Bunch: “Yes.” Jai Gohel gets Kirk Bunch to admit that he took Victor Navar’s statement. Jai Gohel: “And Marlisa Ferreira called Victor Navar as a witness?” We now have another side bar.
After the side bar, Jai Gohel gets Kirk Bunch to admit that he is the designated investigator in this case and can sit in the courtroom while other witnesses testify. Jai Gohel gets Kirk Bunch to admit that he has written over a thousand sticky notes to Marlisa Ferreira while sitting next to her during the trial. Jai Gohel: “Are you a lawyer?” Judge Zuniga: “Stop it.” Jai Gohel: “Marlisa Ferreira asked you questions concerning the resources used for this trial.” Jai Gohel: “15-20 million dollars?” Jai Gohel: “How much has it cost?” Jai Gohel: “Jim Cook was paid almost ½ million dollars.” Jai Gohel: “All to get Frank Carson.” I say bravo to Jai Gohel. His barrage of questions were powerful, and impactful with the jury. Jai Gohel has no further questions.
Hans Hjertonsson takes over asking the questions. Hans approaches Kirk Bunch with a transcript. Kirk Bunch recognizes the transcript as the trip to Mariposa with Robert Woody. Hans Hjertonsson plays the audio/video recording for the jury. At the very beginning, you can see Detective Cory Brown standing down in a ravine in heavy brush and trees. Hans Hjertonsson tells Kirk Bunch that last week he said that Robert Woody had walked about 100 yards from the turn around and had pointed out where the body of Korey Kauffman had been found. Hans Hjertonsson gets Kirk Bunch to admit that there is no recording of Robert Woody walking that 100 yards and pointing out where the body was found. Hans Hjertonsson now asks Kirk Bunch about how he had testified that there were only 4 vehicles that had driven up with the investigators and Robert Woody. Kirk Bunch testifies that two of the cars had parked in the turn around, and two of the cars had parked very near the turn around. Hans Hjertonsson brings up a frame in the video recording that shows another vehicle that is parked in a different location. He asks Kirk Bunch about this vehicle, and Kirk Bunch states that the vehicle was Detective Dale Lingerfeldt’s car. He states that Detective Lingerfeldt had to go back to his car to get a coat to protect himself from the swarms of mosquitos, and had driven his car away from where it had been originally parked. We are now done with the morning session. I stayed up very late last night, and I am gassed. I am going to stay home this afternoon and get some rest. As Clint Eastwood says: “A man must know his limitations.”
Sincerely; William Thomas Jensen (Tom)