WEEK 47, DAY 164




I know attorneys need to cover all the bases, especially in a murder case. Today, I heard questions from Marlisa Ferreira and the defense attorneys that had already been asked and answered multiple times. It was frustrating for me to say the least. Here we are on the verge of the People resting their case, and we seem to be prolonging the agony with things that have already been adequately covered. I firmly believe that I will have absolutely no new information contained in my report for this afternoon. Because of this, I am going to try to limit the scope of this report and get to bed at a reasonable time. You already know how that goes. I will probably end up with something much longer than originally planned. We were graced today with Carmen Sabatino in the courtroom, and our usual “Spy” from the DA’s Office named Russkamp. Both these gentlemen are very fine upstanding people in my mind.


We start out at 1:36PM with the jury being brought into the courtroom, and DA Investigator Kirk Bunch taking the stand. Kirk Bunch looked to several of us like he was on some kind of tranquilizer today. He seemed to be kind of subdued. Marlisa Ferreira was asking the questions at this time. She gets Kirk Bunch to state that Frank Carson has never made a complaint to the personnel department at the DA’s Office against him. She then asks Kirk Bunch if he had ever been disciplined. Kirk Bunch: “No.” Marlisa Ferreira has no further questions at this time.


Percy Martinez now takes over and asks a whole series of questions that have been asked and answered multiple times. Percy asks Bunch questions about the Khan case, and the declaration that Frank Carson had made against him. These included threatening a witness with arrest, conducting an interview and manipulating the evidence, staging a taped interview, not reporting exculpatory evidence, hiding the fact that interviews had been done, perjury, etc. This sound just like the Kirk Bunch we have seen during the last three years of this case. Percy asks Bunch if he knows what percentage of disability he has from the Pittsburg, Ca Police Department, and Bunch denies any knowledge of this. Percy accuses Kirk Bunch of threatening Frank Carson by informing him that he knows where he was living at the time. Bunch states that his surgeon put him on disability because he had a shoulder injury and has pins in that shoulder to this day. I think there might be some issues with Kirk Bunch that do not include physical injuries. Bunch denies that he came back after being on disability and claimed that he was not disabled. Bunch admits that he gets disability pay from Pittsburg, Ca while currently working for the DA’s Office.


Kirk Bunch admits that he was the lead investigator in the Carmen Sabatino case. At this point, Carmen Sabatino is asked by Marlisa Ferreira to step out to the hallway. Those two have been very friendly lately. It seems to me to be a very strange and pathetic situation concerning our former mayor. Kirk Bunch admits that Frank Carson, who successfully defended Carmen Sabatino, had criticized him during the Sabatino trial. Bunch admits that Frank Carson had challenged his honesty, and professionalism. Bunch admits that the trial ended in a mistrial and was eventually dismissed. Percy Martinez: “Did you consider that a win?” That question did not get answered. Kirk Bunch denies that any other attorney has accused him of those things. I know that is not true. I have sat many times with a lawyer that has accused him of such things at trial. Bunch admits that Detective David Shaw worked on the Task Force with him. The task force was supposed to deal with gangs. Bunch states that the Khan Federal case was a dope and gun case and was investigated by the Task Force.


Kirk Bunch admits that he was at AJ Pontillo’s bail bonds business when a search warrant was served. He admits that a man named Nelson provided him information regarding Mr. Microphone Mark Davis. He states that the AJ Pontillo case was a State of California case, and not a Federal case. Kirk Bunch states that Mr. Nelson provided information concerning Mark Davis’ wife. At this point, I notice our “Spy” Russkamp had entered the courtroom. I think he is positioned in the courtroom to keep an eye on Marty and I. He is such a fine man. They once had him watching the bathroom just past the elevators.


Percy Martinez asks Bunch about another declaration that Frank Carson had filed against him during the AJ Pontillo case. Bunch has admitted that he was one of the investigators involved with the search of AJ’s Bail Bonds. Bunch denies that he was part of the search team, and states that he was involved with the security team that cleared the business before the other officers came in to conduct the search. He denies that he was involved in interviewing witnesses in that case, or seizing evidence in that case. Percy shows Bunch a series of photographs that were entered into evidence. They all had pictures of Bunch, and other investigators storming into AJ’s Bail bonds. There were many assault rifles pointed as the investigators came into the business, as well as shotguns, and handguns. One of the pictures showed AJ Pontillo being led out of the business. It appears he was handcuffed in the picture. Bunch identifies the other people pictured in the photos. These people included DA Investigator Steve Jacobson, and Detective Derek Perry. Bunch does not remember the date of this raid. All these pictures were put up on the screen for the jury to view. One of the pictures shows Bunch kicking in the locked door of a closet. I think they had not had the opportunity to ask AJ Pontillo if he would unlock the closet, and kicking in the closet brings out the “Little Boy” in Kirk Bunch. It was such a stress reliever for him. I must point out that AJ Pontillo was acquitted of all charges in that case. AJ’s pregnant wife died during the trial. I think the stress of the trial contributed to the death of his wife and unborn child. No amount of money from a law suit can ever heal the wrongs that were done to AJ Pontillo. Kirk Bunch states that he did not write a report about his involvement with the raid.


Percy Martinez goes into Sabrina Romero. He points out that on 05/02/2012 Kirk Bunch had written that she had said that she heard Frank Carson threaten Michael Cooley by telling him he would kill him, and nobody would ever find his body if he caught him on his property. Percy gets Bunch to admit that Sabrina Romero had never told him that she had heard this statement from Frank Carson. Bunch admits that Sabrina Romero had told him that she heard this from Justin Reedy. Percy Martinez tries to ask another question, and Judge Zuniga has a problem with it, and sends the jury out at 2:50PM for their afternoon break. She has Kirk Bunch step down, and then out of the courtroom. There is some argument about a worn path between Michael Cooley’s house and Frank Carson’s property. At this point, Judge Zuniga blurts out: “I want the People to rest their case.” I totally agree with her. This should have been said months ago. I am thinking at this time that Percy should quit asking all these questions that have been covered before. Every time the defense asks a bunch of questions, it forces Marlisa Ferreira to go into an equal number of questions that have been asked before. In my opinion, it is time to cut this crap out, and get on with the defense. Sorry I am so attitudinal about this, but I am getting frustrated with hearing the same things over and over again. I am sure the jury is tired of this as well.


We return to the courtroom at 3:25PM, and Percy Martinez has a few more questions to ask Kirk Bunch. Percy gets Bunch to admit that he never did a declaration disputing the allegations that Frank Carson had made against him. Bunch testifies that he does not remember Eula Keyes having a car in her driveway. Bunch admits that there were no service calls for the police to 1364 Lander Ave in 2012. Percy Martinez now goes over the sequence of events in 2012 when Kirk Bunch first got involved with the investigation of Korey Kauffman. This has been worked to death so many times that I am sick of it. He first talked to Detective David Shaw, got in touch with Michael Cooley after leaving a message. This was done by calling Eula Keyes’ phone. He spoke to Kevin Pickett on 04/03/2012 and wrote a report after that meeting where he did not mention he had met with Kevin Pickett. Bunch wrote a report on 04/05/2012 where he wrote that he was aware Michael Cooley had been accused of stealing from Frank Carson and had used that as a motive for Frank Carson killing Korey Kauffman. Bunch admits that Detective Frank Navarro got involved with the case on May 9th, 2012. Bunch admits that Navarro interviewed Kevin Pickett, and he had talked to Navarro about that interview. Percy Martinez finally has no further questions.


Hans Hjertonsson takes over asking questions that have already been asked multiple time. Questions about not writing reports, and doing no recordings. I am getting so frustrated at this time. Hans gets into the AJ Pontillo search warrant and impeaches Bunch about not being involved with the search warrant. Bunch has to admit that he did a systematic search of the building. Bunch denies that Steve Jacobson took the lead in the search of the building. Hans goes into how Kirk Bunch had threatened Georgia DeFelippo by telling her: “This is going to be all bad” during their invasion of Frank Carson’s Law Office. I must note that Frank Carson had demanded that they leave his business at least 30 times while they were at his office. The investigators did not have a search warrant, or an arrest warrant. They were legally bound to leave his business but did not for a long time. They were there to infuriate Frank Carson, and they certainly succeeded in doing so. It was all staged to capture on an audio/video recording.


Marlisa Ferreira tells Judge Zuniga that she must respond. Marlisa Ferreira: “Sorry Judge.” Everyone seems to want to have the last word. I am really getting irritated at this point. Marlisa gets Bunch to state that Georgia DeFelippo was calm, and speaking to Detective Jon Evers, while Frank Carson was angry and yelling. This gets stricken by Judge Zuniga. Marlisa Ferreira goes into the “Vento Report” on Michael Cooley, where he had been listed as a suspect with the abbreviation of “sus.” Judge Zuniga tells Marlisa that this had already been done during the trial. What about all the other crap I have heard before judge? Bunch states that he denies all of Frank Carson’s allegations. I have heard that before. Marlisa Ferreira asks Kirk Bunch about his medical retirement, and Bunch states that his surgeon did that. I have heard that before several times. Bunch states that he has no preclusion with his current job with the DA’s Office. Marlisa Ferreira goes to the 12/23/2008 interview with David Nelson. Bunch states that was prior to his involvement with the AJ Pontillo case. Bunch states that Special Agent Reneutious from the State Insurance Commission was the lead in the AJ Pontillo case. I sat in the courtroom for much of that trial. Kirk Bunch was the one who sat next to Dave Harris. I believe he was actually the lead investigator but is not testifying truthfully about this. Bunch states that he was not part of the search team but was part of the entry team. We are done for the day. I am sure that Marlisa Ferreira will dream up many more questions to ask Kirk Bunch before she rests her case. I am getting sick of this.

Sincerely; William Thomas Jensen (Tom)