FRANK CARSON ET AL 4-12-2019……..(T0M)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

AFTERNOON SESSION 04/12/2019

WEEK 47, DAY 165

BY WILLIAM THOMAS JENSEN (TOM)

THE EMPIRE STRIKES BACK

 

I was busy like usual on Friday morning, and attended the afternoon session. The entire morning session was taken up with arguments concerning an 1118.1 motion by the defense for the judge to throw out the case for insufficient evidence. All of us in the courtroom realize that this motion will go nowhere. These motions do succeed sometimes, but very rarely. I think you have a better chance of being struck by lightning. This is a standard thing that all attorneys do at the end of a trial. My afternoon session started out with almost 90 minutes of continued argument on this motion, and the defense finally was allowed to start their Case in Chief. It was a wonderful moment for me. At times I thought I was trapped in an episode of the Twilight Zone, where everything keeps repeating itself forever. The defense has weathered everything that the prosecution has thrown at them and managed to blast gaping holes in their case. Almost all of the prosecution’s witnesses have been blown up on the stand. The jury has seen a never-ending string of drug addicted criminal liars testify for about a year now. So many of these witnesses were shown to have received massive reductions in their own legal consequences for telling lies on the stand. The jury has seen how the investigators fed evidence to Robert Woody to get him to mold his lies into what they wanted to hear. The jury learned how Beverly Woody had held up a sign at the jail to get Robert Woody to change his lies to match her lies on the stand. The jury heard Robert Woody tell his father on the phone: “They want me to lie Daddy.” The jury has heard the testimony of Charlie O’Dell who testified that he picked up a muddy Michael Cooley and Eula Keyes in Escalon after their car broke down. They told Charlie O’Dell that they had just “Got Rid” of someone in the mountains that owed them a large sum of money. The jury heard how Korey Kauffman had owed Michael Cooley around $10,000.00. The jury saw the defense destroy the credibility of self- proclaimed cell phone expert Jim Cook by showing that his work was blatantly inaccurate. The defense did all of this, and much more while Marlisa Ferreira put on her case for a year. Now it is time for the Empire to strike back. We are going to see the defense put on some fine people that will give some very compelling testimony. We already were treated to some fine people on the stand today. I will now try to give you as much detail as I can on what happened this afternoon in the courtroom.

 

At 1:36PM, Judge Zuniga take the bench. Marlisa Ferreira continues her arguments in opposition to the motion by the defense. She is making arguments about the 17 or so Overt Acts that would convict the defendants with Obstruction of Justice. She states that the prosecution only needs to prove one of these Overt Acts to convict the defendants with Obstruction of Justice. According to my notes, number one concerned Frank Carson putting out a stolen book alert that listed people as suspects that were not charged in this case. A police report by a Detective Vento was used in this count. Count number two was dismissed by Judge Zuniga but refiled by the prosecution. It involved Christina DeFelippo and Georgia DeFelippo and resulted from some wire-tapped phone calls and intercepted text messages. The third count involved threats allegedly made to Michael Cooley. The fourth count involved setting out the pipes as an enticement. The fifth count involved Frank Carson soliciting Patrick Hampton to find and beat up the person who was stealing from the Carson property. Count number 6 involved Baljit Athwal spot checking the Carson property. Count number 7 involved death threats made to Korey Kauffman allegedly made by Baljit Athwal and Robert Woody. Count 8 involved burning the pickup truck. Count 9 involved the filing of claims and lawsuits. I don’t see count 10 in my notes, but this can be found in the Ramey Warrant that is on Dawgsblog.com. Count 11 also involved threats like count 7 does. Count 12 involved lying to officers. Count 13 involved the prosecutions claim that Walter Wells’ cell phone was in the same cell phone tower and sector as Korey Kauffman’s cell phone 37 times after Korey Kauffman disappeared. The prosecution contends that Walter Wells had the cell phone all that time. Jim Cook’s cell phone analysis was found to be inaccurate. Count 14 involved the Athwal brothers paying for Robert Woody’s dental work. I don’t see count 15 in my notes. Count 16 involved Frank Carson offering Robert Woody free legal help if he did not cooperate with the investigation. Count 17 involved taking the body of Korey Kauffman to the mountains where it was placed in the forest near Mariposa.

 

Marlisa Ferreira now states that the prosecution claims that Robert Woody is not credible. She states that it is up to the jury to decide if he is credible or not. Marlisa Ferreira seems to be done with her arguments. There are a couple of issues still to be worked out before Judge Zuniga can make her ruling. The judge is eager to get the jury up before the day runs out, but we take our afternoon break first.

 

At 2:54PM, the jury is brought into the courtroom, and it is time for the Empire to Strike Back. The defense can finally begin their Case in Chief. It has taken so long to get to this point, countless hours in the courtroom, and thousands of pages of writing. I think we could win this case right now, and things will get nothing but better as the defense is able to put on their side of the story. Percy Martinez calls Lieutenant James Silveira to the stand. Lt. Silveira has worked for the Turlock Police Department for 24 years. He was a Sargent in 2009 and was the Supervisor of the Narcotics team. Lt. Silveira testifies that he had seized some property from Michael Maunakea while he was living at 1058 Kenwood Street in Turlock during a search warrant. He states that when he seized the property, he filled out a Property Receipt, and has a copy of the 3 page receipt with him in the courtroom. Lt. Silveira testifies that did not seize a tape recorder like Michael Maunakea had testified. He states that he did an investigation of Michael Maunakea on 08/18/2011, and on 04/28/2010. He states that the 2010 investigation was a probation search. He states that he was the supervisor during the 2010 probation search. He states that the proper evidence form was filled out on that search. He denies that he took a recording device during the search. He states that the proper evidence form was filled out during the 08/18/2011 search, and no recording device was taken during that search. Lt. Silveira testifies that he did not participate in any search warrants on Michael Maunakea while he lived at 1058 Kenwood Street after 08/18/2011. He denies that he ever went to that property and seize any property after 08/18/2011. He denies that he saw Michael Maunakea in the lobby of the Turlock Police Department in 2011. He denies confronting Michael Maunakea. Percy Martinez: “Did Michael Maunakea ever ask you to return a recording device?” There is an objection, and we have a side bar. Percy Martinez wins this side bar, and Lt. Silveira testifies that Michael Maunakea never asked him to return a recording device. Percy Martinez: “Did you ever harass Michael Maunakea?” Lt. Silveira: “No.” Percy Martinez: “Did you ever threaten Michael Maunakea?” Lt. Silveira: “No.” Percy Martinez: “Did you ever beat up Michael Maunakea?” Lt. Silveira: “No.” Percy Martinez: “Did you ever kick Michael Maunakea?” Lt. Silveira: “No.” Percy Martinez: “Did you ever steal from Michael Maunakea?” Lt. Silveira: “No.” Percy Martinez: “Did you ever threaten to frame Michael Maunakea?” Lt. Silveira: “No.” Percy Martinez: “Did you ever take Michael Maunakea’s property from the evidence room?” Lt. Silveira: “No.” Percy Martinez: “Did you ever try to silence Michael Maunakea?” Lt. Silveira: “No.” Percy Martinez: “Did you ever tell Michael Maunakea to keep his mouth shut?” Lt. Silveira: “No.” Percy Martinez: “Were you ever associated with Frank Carson?” Lt. Silveira: “No.” Percy Martinez: “Did you ever arrest Michael Maunakea after August 8, 2011?” Lt. Silveira: “I don’t believe so.” Lt. Silveira testifies that if he had arrested Michael Maunakea after August 8, 2011 there would be records and he would have been booked. When a person is booked, fingerprints are taken, and a picture is taken. Percy Martinez: “Did any representative from the Stanislaus County DA’s Office ask you about Michael Maunakea?” Lt. Silveira: “I don’t believe so.” Percy Martinez gets Lt. Silveira to once again deny that he ever told Michael Maunakea to keep his mouth shut, ever beat up Michael Maunakea, ever kicked Michael Maunakea, or ever took a recording device from Michael Maunakea. Percy Martinez has no further questions. Hans Hjertonsson has no questions to ask Lt. Silveira. Jai Gohel asks Lt. Silveira if he is currently a Lieutenant. Yes he is. He gets Lt. Silveira to once again state that he was a Sargent for the Turlock Police Department between 2009 and 2011, and was head of the Narcotics Enforcement Team. Jai Gohel: “If you were aware of misconduct of one of your officers would you follow up and investigate?” Lt. Silveira: “Absolutely.” Jai Gohel: “Are you aware of any misconduct concerning Michael Maunakea?” Lt. Silveira: “No.” Jai Gohel asks Lt. Silveira if he knows an Officer Dominic Hernandez. Lt. Silveira testifies that Dominic Hernandez worked closely with the members of the Narcotics Enforcement Team. Jai Gohel: “Are you aware of any misconduct by Officer Dominic Hernandez?” There is an objection, and we have a side bar. After the side bar Jai Gohel asks: “If you became aware of misconduct would you report it?” Lt. Silveira: “Yes.” Jai Gohel: “Did you become aware of any misconduct by Officer Dominic Hernandez?” Lt. Silveira: “I did not.” Jai Gohel asks Lt. Silveira the same series of questions concerning Officer Jason Watson. He gets the same answers about Officer Jason Watson. Jai Gohel: “Did you become aware of any misconduct from any members of the Narcotic Enforcement Team?” Lt. Silveira: “No.” Lt. Silveira states that he would have reported any misconduct. Lt. Silveira testifies that Officer Jesse Baucum was a detective between 2009 and 2011. He states that he is not aware of any misconduct by Detective Jesse Baucum. Jai Gohel now asks Lt. Silveira what he admits is a stupid question. He asks Lt. Silveira if 08/18/2011 is before 09/10/2011. Lt. Silveira: “Yes.” Jai Gohel: “Were any pictures taken on either April of 2010 or August of 2011?” Lt. Silveira: “I know of some that were taken on April of 2010, and I will have to refer to a report to see if any were taken on August of 2011.” Jai Gohel: “Go ahead sir.” After checking his report, Lt. Silveira states that no pictures for August of 2011 were listed in his report. Jai Gohel now approaches Lt. Silveira with a stack of pictures. One of the pictures shows an object that Lt. Silveira identifies as a gray flip phone. The prosecution has tried to say that was a picture of a recording device. Lt. Silveira now sees the gray flip phone in another picture that the prosecution had claimed was a recording device. Lt. Silveira testifies that these pictures were taken in April of 2010, and says that date is before August of 2011. This really destroys the testimony of Michael Maunakea. Jai Gohel: “Are you aware that the prosecution’s witness accused you and Officer Dominic Hernandez of misconduct?” Lt. Silveira: “I heard something about it.” Lt. Silveira testifies that he did not commit any misconduct, and is not aware of any misconduct by any other officers concerning Michael Maunakea. Lt. Silveira once again states that nobody from the Stanislaus County DA’s Office has ever spoken to him about these allegations.

 

Marlisa Ferreira takes over on cross examination. She starts talking about the time period between 2009 and 2011. She reminds Lt. Silveira that he has just testified that he had no contact with Michael Maunakea at the Kenwood Ave address after 2011. Marlisa Ferreira gets Lt. Silveira to testify that he did participate in a probation search of Michael Maunakea at a different location. Marlisa Ferreira: “What year?” Lt. Silveira: “I don’t know.” Lt. Silveira states that he does not know if he handled the flip phone that was in the pictures. He states that the flip phone was not listed on the 2010 property list. Lt. Silveira testifies that it is typical for the Turlock Police Department to assist with probation searches. He states that nothing was found during the probation search, and no arrest was made. Marlisa Ferreira: “Is Officer Jesse Baucum called “Conan?” Lt. Silveira: “That is the first time I have heard that.” Lt. Silveira testifies that he was a Sargent at the time, and a Sargent usually goes along with the probation searches. Marlisa Ferreira: “When you make an arrest do you medically clear the person before he is booked?” Lt. Silveira: “No.” Lt. Silveira testifies that this is only done if there is an emergency. Marlisa Ferreira: “Did this happen with Michael Maunakea?” Lt. Silveira: “Yes, Officer Jesse Baucum took him to get medical attention.” Lt. Silveira states that he was not present with them when Michael Maunakea was taken for medical attention. He states that he did not read any reports about this. Marlisa Ferreira: “Does the Narcotics Enforcement develop informants?” Lt. Silveira: “Yes.” Marlisa Ferreira: “Did you ever use Michael Maunakea as an informant?” Lt. Silveira: “No.” Marlisa Ferreira: “Did you know Korey Kauffman?” Lt. Silveira: “No.” We now have another side bar. After the side bar, Marlisa Ferreira asks: “You do not know if Michael Maunakea had a relationship with Korey Kauffman?” Lt. Silveira: “No.” We now have another side bar. After the side bar, Marlisa Ferreira asks: “Do you know that Jesse Baucum knows the Athwal brothers?” Lt. Silveira: “Yes.” Marlisa Ferreira: “You stated that you weren’t aware of any misconduct.” Marlisa Ferreira: “Is running a license plate number for an individual against your department policy?” Lt. Silveira: “Yes.” Marlisa Ferreira has no further questions.


Percy Martinez takes over on re-direct. Percy Martinez: “Did you bring your reports concerning Michael Maunakea?” Lt. Silveira: “Yes.” Percy Martinez: “Do you typically write a report for all search warrants?” Lt. Silveira: “Yes.” Percy Martinez: “The only reports you wrote on search warrants for Michael Maunakea were at the 1058 Kenwood address?” Lt. Silveira testifies that there were three reports of search warrants served at this address. Lt. Silveira testifies that no property was seized during these three search warrants served at that address on Kenwood Street. Percy Martinez has no further questions. Hans Hjertonsson has no questions to ask.

 

Jai Gohel: “Was Jesse Baucum a Sargent?” Lt. Silveira: “Yes.” Jai Gohel has no further questions. Lt. Silveira is allowed to step down from the stand.

 

It is now 3:46PM, and Percy Martinez calls Officer Jason Watson to the stand. Percy Martinez gets Officer Jason Watson to testify that he was a detective for the Turlock Police Department in 2009. He states that he worked as a narcotics detective. He states that he met Michael Maunakea and did a search warrant on his property. He denies that he ever seized a recording device. He states that all items that were seized were listed. He states that on 4/28/2010 he also did a search of Michael Maunakea’s home. He denies that he seized a recording device during that search. He states that he also did a search of Michael Maunakea’s home in August of 2011. He denies that he seized a recording device during that search. Percy Martinez: “Did you do any searches on Michael Maunakea after August of 2011 on Kenwood Street?” Detective Jason Watson: “No.” Percy Martinez: “Did you do probation searches of Michael Maunakea at another location?” Detective Jason Watson: “Yes.” Percy Martinez: “Did you seize a recording device during those probation searches?” Detective Jason Watson: “No.” Detective Jason Watson testifies that he never beat, kicked, stole property, threatened, took property from the evidence room, or try to silence Michael Maunakea. Percy Martinez: “Are you affiliated with Frank Carson?” Detective Jason Watson: “No.” Percy Martinez: “Have you ever met Frank Carson?” Detective Jason Watson: “No.” Percy Martinez: “Did you ever threaten Michael Maunakea for Frank Carson?” Detective Jason Watson: “No.” Detective Jason Watson testifies that he worked on the narcotics team between 2009 and 2013, and has worked for the Turlock Police Department since 2001. Percy Martinez: “Have you had any complaints against you?” Detective Jason Watson: “No.” Percy Martinez has no further questions. Jai Gohel takes over on direct examination. Jai Gohel: “Were you ever contacted by the DA’s Office or law enforcement concerning allegations against you?” Detective Jason Watson: “No.” Jai Gohel: “Did you make threats to Michael Maunakea on behalf of the Athwal brothers?” Detective Jesse Baucum: “No.” Jai Gohel has no further questions.

 

Marlisa Ferreira takes over on cross examination. Marlisa Ferreira: “Was Michael Maunakea arrested in the 2009 search warrant?” Detective Jason Watson: “Yes.” Marlisa Ferreira: “Did Michael Maunakea fight with the officers during the search warrant?” Detective Jason Watson: “Not to my knowledge.” Detective Jason Watson states that he was with a confidential informant during a search in 2011 and was part of the search warrant team in 2010. He states that he was the case agent during that search. Marlisa Ferreira: “Was Jesse Baucum your partner between 2009 and 2013?” Detective Jason Watson: “Yes.” Marlisa Ferreira: “Did he have long hair?” Detective Jason Watson: “Yes.” Marlisa Ferreira: “Did he have blonde hair?” Detective Jason Watson: “Brown.” Marlisa Ferreira: “Did people call Jesse Baucum “Conan?” Detective Jason Watson: “I have never heard that.” Detective Jason Watson testifies that he was part of the 2011 search warrant, and that Michael Maunakea was arrested during that search. Marlisa Ferreira: “Did you take Michael Maunakea into custody?” Detective Jason Watson: “No.” Detective Jason Watson testifies that Officer Jesse Baucum took Michael Maunakea into custody. Marlisa Ferreira: “Did you ever see Michael Maunakea in the back of Officer Jesse Baucum’s patrol car?” Detective Jason Watson: “Not to my knowledge.” Marlisa Ferreira: “Do you have to medically clear an arrestee when there is an emergency?” Detective Jason Watson: “Most of the time.” Marlisa Ferreira: “Did you go with Michael Maunakea to the hospital in August of 2011?” Detective Jason Watson: “Not that I recall.” Marlisa Ferreira: “Did you have a fourth contact with Michael Maunakea at a probation search?” Detective Jason Watson: “Yes.” Marlisa Ferreira: “Did you ever see Michael Maunakea fight?” Detective Jason Watson: “No.” Marlisa Ferreira: “Did Michael Maunakea ever ask for his property to be returned?” Detective Jason Watson: “No.” Marlisa Ferreira: “Did you ever see Michael Maunakea involved in a fight on the sidewalk in front of the Turlock Police Department?” Detective Jason Watson: “No.” We now have another side bar. Marlisa Ferreira: “Did you know Korey Kauffman?” Detective Jason Watson: “No.” Marlisa Ferreira has no further questions.

 

Percy Martinez gets Detective Jason Watson to testify that he was present during the search warrant that was conducted in April of 2010. He states that he was the case agent during that search warrant that was served on 04/28/2010. He states that he questioned Michael Maunakea during that search and could not recall if Michael Maunakea cried during the search. He states that he was aware that Officer Jesse Baucum had also questioned Michael Maunakea but was not present when Officer Jesse Baucum had done the questioning. We are now done for the week. Court will resume on Tuesday morning at 9:30AM. May the Force be with the defense.

Sincerely; William Thomas Jensen (Tom)

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