Good evening everybody. This is Marty from DAWG’s Blog with tonight’s podcast on Wednesday, April 17, 2019, of the Frank Carson et al. Trial. I am going to apologize in advance. I was not feeling good this afternoon after lunch. I even had some trouble at lunch. I had trouble concentrating and I think I did not get many things I should have gotten because I’m out of it and just not feeling good. I’m just having some problems today so I’m just going to do the best I can.
The Judge was on the bench at 1:40 PM. The first order of business was Alejandro Velasquez, again, that is Victor Navar’s cousin and he was ordered back on May 3rd at 9:30 AM. He was initially going to take the stand, but he had to report to the jail at 3:00 this afternoon and they didn’t think he’d be done by then. So, he has something going on and had to report to jail for however long.
So the Judge and Marlisa Ferreira were having a conversation about the 5/6/15 interview when Patrick Emery saw that Baljit Athwal was in the store, and she’s talking about on 3/30/12 that night when Patrick Emery left the store. So, she’s giving cites in the transcript of the interviews. To be honest with you, when Patrick Emery was testifying, it sounded like he didn’t really believe he said what was written down in the report. It didn’t appear that way, that is the best way I can describe it. So she’s talking about sometimes he was saying yes Baljit Athwal was in the store and other parts of the interview he was saying no he wasn’t in the store and they are going back and forth on it. She also discussed when Patrick Emery had talked to Walter Wells in regard to the Father-in-laws car after he had died. They had taken the car to the junkyard and Walter Wells statement about Robert Woody, it almost sounded like a passing comment, saying Robert Woody was involved in the disappearance of somebody and that is what he’s being investigated for. The Judge did step in and said that Marlisa Ferreira was conflating two incidents into one. Talking about the statement by Walter Wells to Patrick Emery about Robert Woody and then talking about Baljit Athwal being in the store or not in the store that night that he was there with Walter Wells and their wife and girlfriend.
Attorney Hans Hjertonsson argued he saw Baljit Athwal on the 28th and Walter Wells were both at Pop and Cork and Baljit Athwal was there and there were several other times and asking specifically what was Marlisa Ferreira trying to impeach with Patrick Emery. Marlisa Ferreira asked about that week and goings on of that week and Patrick Emery had denied adamantly some of the things that were written down in the report. He said he didn’t say that, other things he’s saying he did. It almost sounded like Patrick Emery didn’t agree with what was written in the reports.
Judge Zuniga, as usual, said it is confusing and she will check the record. We sat there while she checked the real-time going over the testimony from earlier and looking at these reports and transcripts. Judge Zuniga says Patrick Emery actually never answered the question that was asked in regard to Walter Wells and Baljit Athwal and maybe even Robert Woody because there were so many objections and the question never got answered and Marlisa Ferreira was conflating two issues.
Jai Gohel made an argument (I was getting confused about some of the things being said, I think everybody was getting confused) that Walter Wells cannot make that statement that Robert Woody is being investigated for somebody being missing when it was prior to that person going missing. Whatever date you want to believe that Korey Kauffman went missing, Marlisa Ferreira is trying to say this conversation occurred about Robert Woody being investigated on 3/28/12. That was the day before Kevin Pickett said he disappeared and two days before the DA’s theory of when it happened. So they couldn’t say he’s being investigated for a missing person when the person hasn’t gone missing yet. There was a whole lot of confusion. It did sound like she was trying to say what Jai Gohel was arguing.
Marlisa Ferreira started talking about a facebook conversations or text messages occurring on 4/2/12. Patrick Emery was on Walter Wells Sr. property and was moving some things, they were getting stuff off his property and he was helping Walter Wells do that. He did some things right after the funeral and then I think they headed home not long after that. (It is confusing, I was confused and not sure where it was going). The Judge said Marlisa Ferreira needs to rephrase some of these questions she’s asking. I made a note: now major confusion over which date Baljit Athwal was actually at the store or not. Judge Zuniga said Marlisa Ferreira can’t do impeachment because the question hasn’t been asked yet.
Attorney Hans Hjertonsson argued that they had just received today discovery of the text messages that Natalie Emery had sent way back in 2012. For some reason, they didn’t turn over these text messages, but they think they are important now. He said they are not appropriate to the questions of Patrick Emery only Natalie Emery. These are questions that should be asked of Natalie Emery when/if she gets on the stand, not Patrick Emery.
Marlisa Ferreira said they were going to, meaning the Emerys, and Patrick Emery was going to impersonate his Father-in-law to retrieve some items (gold) that he had pawned or sold and she says Patrick Emery was going to impersonate his father-in-law to try to get the property returned or the money. Marlisa Ferreira also noted that Patrick Emery showed up in his dress blues and by dressing the way he dressed, he is putting his good character out there for discussion and impeachment of that good character, it goes to the “veracity” of Patrick Emery. Marlisa Ferreira also said the day after those text messages went through, apparently, those texts were sent when they got home when they lived in Washington. She said the day after there were calls to Walter Wells and Natalie Emery on her phone, so it is safe to assume that they were doing something nefarious because a sister called her brother. (In my family that would be true, but I don’t think that is the case in this family. They are very close people).
Judge Zuniga said unless she has proof of something actually nefarious going on and she needs to have some proof other than assuming. This is how you chastised in court these days, by a DA assuming you did something wrong without any actual facts. So she needs some more proof and she needs to build a foundation. It’s a probability that they talked about this, she needs to establish more, but she can ask about the calls the next day.
The jury was up at 2:55 PM. So we didn’t get much jury time today. Marlisa Ferreira continued her cross-examination on Lt. Commander Patrick Emery. Marlisa Ferreira immediately started reading some transcripts, instead of him reading it to refresh, she was reading it to him and she asked him if he told investigators he was aware of the Athwals involved at some point in this investigation? I guess at some point he did learn that, but he wasn’t clear about when he actually learned about the Athwals being investigated in this thing. She asked him about his father-in-law finances? There was an objection, that was sustained. He said he did recall saying he didn’t want to be a part of the investigation, he did tell that to Kirk Bunch. Showing a transcript to refresh. There were objections to that it was improper refreshing, it what the defense was saying. She withdrew the question immediately (she was doing rapid-fire questions. She was in a zone and she makes it very personal when she gets like that).
On March 28, 2012 is when they started making the plans for the funeral arrangements and stuff and he was starting to help Walter Wells move some of his Dad’s stuff. Patrick Emery said he wanted to make a statement in regards to Kirk Bunch and some of the things he did. There was an objection by Marlisa Ferreira. The truth is not a factor here only the law and two don’t have much to do with each other in this case. Marlisa Ferreira wanted to argue a little bit with the Judge and the Judge finally looked at her and said: just ask a question. Marlisa Ferreira was getting into making side comments. She was really getting personal instead of just doing what she was supposed to.
She asked him in the 5/6/15 interview, Kirk Bunch showed photos to Patrick Emery and he failed to ID Baljit Athwal in one of those photos, he said he didn’t know him that well. He also noted that Walter Wells was taking pictures of his Dad’s place, it was all kinds of “crap” there. Apparently, he was a collector of many things. There were two vehicles taken to the junkyard, one was an RV and a partially parted out Camaro. The cars were moved out in July, so it wasn’t done during the March/April time frame. It was done in July when he came back down. Kirk Bunch said the picture was of Baljit Athwal? He said yeah that is what Kirk Bunch told me, but he didn’t recognize the picture. She asked him if he saw Baljit Athwal at Pop and Cork? He said yeah, he was at Pop and Cork three times during that week and he saw Baljit Athwal a few times. On the 3/28, a Wednesday, they had been at his father-in-law’s place and the only people there were Robert Woody, D Athwal and Walter Wells and he believes Bobby Athwal was there. They were back in the bar area and he doesn’t remember Robert Woody back there, but Baljit Athwal was around that area, but he wasn’t in the bar area with him. She asked him if he told Kirk Bunch that he wasn’t sure that Baljit Athwal was there? He said yeah, that is what I told him, but I think I thought Bobby was there. He told Kirk Bunch that Bobby works days? He did not recall. She asked him was Baljit out there on the 28th? Again he says yeah, I think he was there. She gave him a transcript to refresh. He said yeah, that is what I said, Baljit Athwal might have been there, Ma’am that is what I said. He also noted that both of the Athwal brothers look similar to him. He said their physical attributes are so close, they kind of look the same to him.
She asked him when he was at the Pop and Cork in July was there a law enforcement officer there by the front counter? He thought maybe there was someone there, but he wasn’t sure. He never met Scott McFarland or Edward Quintanar. He said on that week of 3/26 – 4/1/2012 he never met any other law enforcement officers during that week. On the 28th when he was there he does remember Robert Woody cleaning up, he was mopping the floor. He said he thought just Walter Wells and Daljit Athwal were there. He talked about having some beer and Daljit Athwal broke out some vodka and he drank a little bit of vodka. She was asking if he drank beer and vodka and he said no, I wasn’t drinking beer and vodka, but I had some beer and I had some vodka. You are making it sound like I mixed the two together. She didn’t seem to care how those questions came out. He told Kirk Bunch he had been in the back room with Walter Wells, himself and Daljit Athwal.
I noticed that Marlisa Ferreira was getting sassy with the witness. She was making extra comments that were constantly getting stricken by the Judge. Judge Zuniga was not pleased, but she wasn’t putting a stop to it either.
The first time he was there D had brought some vodka in. She asked him if he told Kirk Bunch that Walter Wells and D were there? He said he didn’t think D was there all the time. Robert Woody was not back in the bar area with them. Again she asked him if Kirk Bunch had asked him if he’d was not clear if Bobby Athwal was with him on 3/30/12? Maybe it was just another Indian male? He said he thinks he was there, but he wasn’t totally sure but thinks Bobby was going in and out. He also noted that he had no extended conversations with Bobby Athwal. He also said when he went to dinner and came back, he didn’t remember seeing Bobby after dinner, but it was possible he was. He said someone was in the front working at the counter and it could have been Bobby Athwal on the 30th. They were there until after midnight. He said he did talk to his wife Natalie in regards to Robert Woody, they kind of had a funny feeling about him, he said he was concerned, he didn’t have any major fears, but he was concerned about Robert Woody and the safety of his wife (or something). Said when they left they knew Daljit Athwal was there. Walter Wells and Jessica Crisp had gone to his mother’s house. It was a 5 min ride. Walter Wells was there about 20 min and then he left. He next saw Walter Wells Saturday afternoon.
She asked him about taking food over to the Pop and Cork on the next Saturday. Apparently, the mother in law and Walter Wells had taken some food to Pop and Cork and were storing it in the coolers for the services the next day. It was a large amount of food and Pop and Cork was letting them store the food there.
Marlisa Ferreira asked him if he knew what happened at 838th 9th Street that night? He said I have no idea what 838 9th Street was and he was trying to tell her. He even said that could be Pop and Cork’s address, that means nothing to me. She kept asking him over and over again. He kept saying I don’t know what that means. I have no idea what the address is that you are giving me. She asked him if he knew what happened on the Frank Carson property on 3/30 or 3/31/2012? He said I have no idea. Unknown what Walter Wells did after he left his Mom’s house. Unknown what Daljit and Baljit were doing after he left Pop and Cork. He never went to the side yard at Pop and Cork. He never saw Walter Wells give his phone to anyone else. On 3/30/12, she asked him if he saw a pickup outside Pop and Cork? He said no I never remember seeing a pickup. Walter Wells had given his phone to anyone else to use? Not that he was aware of. Walter Wells and Patrick Emery were together all night and then they went to Mom’s house.
We took a break. The jury was out about 32 minutes. When we came back, she picked up right where she left off. Asked about Walter Wells saying Robert Woody had something to do with a missing person case? He said that happened when he was here in July 2012. (This is where some of the confusion from earlier because Marlisa Ferreira was conflating this July conversation with 3/28/12 date. Jai Gohel had objected to that). That happened in July 2012. He believed it happened after July 15, 2012. (The date of the search warrant). He doesn’t remember any search warrants at Pop and Cork or Robert Woody’s residence. Walter Wells said Robert Woody was a suspect in a case but said nothing about Baljit or Daljit Athwal. There was no other information given by Walter Wells that day. It was a passing comment while they were at the junkyard. He did go to Pop and Cork one time when he was there in July. He did not recall seeing Robert Woody at Pop and Cork at that time. They were sitting at the junkyard and Walter Wells gave him no further information. He never talked to Robert Woody, other than the introduction he had initially. Robert Woody was never in the back bar. Marlisa Ferreira asked him about his brother (I think) that had gotten a love letter in 2012. He said he didn’t have any information about that. He didn’t know too much about it. He didn’t ask any further information about Robert Woody or anything else.
In 2015, he was interviewed by phone by Kevin Domby of the CHP and that is where he learned about the investigation that was going on. He was told he said to not talk about, so he didn’t and he never talked to Walter Wells or anyone else about it. Domby told him about the Walter Wells search warrant. Walter Wells never had told him about that. On 3/30/12 at Pop and Cork, he was told about conversations. He was told by Domby some of that information and he didn’t really recall when that was supposed to have happened on the 30th.
She showed him document #761 and he was reading the entries. These were text messages from Natalie Emery’s phone. He never did what was referenced in the text. Judge Zuniga is not allowing Marlisa Ferreira to actually say what was in the text. Marlisa Ferreira is saying he misrepresented himself to find out information about something. The Judge said show me some proof and then we can talk about it. Marlisa Ferreira just wanted to go off these text messages to assassinate his character. He said he never did what was referenced in the text. He doesn’t think so but doesn’t really recall if he discussed that issue with Walter Wells. He didn’t recall calling Walter Wells in regards to his father-in-law’s finances.
Marlisa Ferreira is trying to make it sound like he misrepresented himself to somebody to try to cash in on something his father-in-law had been involved in.
He talked to Walter Wells on occasion in 2012, but it wasn’t all the time. He never discussed Pop and Cork or CHP issues. Walter Wells never said the Athwals were under investigation and except for that one comment they never discussed Robert Woody. Marlisa Ferreira asked him if he ever made calls for Walter Wells’ father in April 2012? Patrick Emery said how can I make a call for him, he was dead? Marlisa Ferreira says exactly, that is my point, very sarcastically. The Judge struck Marlisa Ferreira’s comments. She kept asking him if he made calls on behalf of his father-in-law? He said I can’t make calls on his behalf he was dead. He repeated this many times. He started to say he was getting offended by her keeping asking him. The Judge shut him off. (It doesn’t matter how defense witnesses feel).
He did say that he made a call to a gold company. He told him he was the son-in-law, he didn’t misrepresent himself at all. This is what family members do when they close out an estate. He was just trying to find out what dealings he had. He said I might have gotten a thirty dollar check out of it, it was no big deal, but they have to close out his affairs.
They ended up in a sidebar, a very animated sidebar. They had kept objecting to Marlisa Ferreira, out of the scope of direct examination. It seemed that she was on a fishing expedition, but the Judge let her continue on and the defense kept objecting and there were no sustains on that.
Patrick Emery could not remember the name of the gold company or the number. She asked him what was the phone number you called? (It was 7 years ago) Of course, he didn’t know the number. He didn’t recall when he called, what phone he used, how he called, did he misrepresent himself? She was hammering him on this. She asked him how he came across the information that there was something at this company? He said I believe there might have been a receipt, but I’m not sure. This what Walter Wells Sr. was known for was these type of things and so they decided to check it out. Apparently, the father-in-law had sold gold and he was trying to find out if there was any money owed or money owed him, either way. There was a $30 check they received for the estate.
About 4:11 PM we were out of the courtroom. For some reason Marlisa Ferreira wanted to attack Lt. Commander Emery, sometimes it just seems really personal. Maybe it’s just me (I’m a dumbass).
We come back tomorrow at 9:30 AM. Patrick Emery was supposed to be done today. He’s not. I believe Natalie Emery is going to be called next unless they decide not to put her up. There is no court Friday and no court next week. So they need to get her done tomorrow, so they don’t have to make another trip for this ridiculous mess.
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Quite a few people today, it’s good to see. This side of the courtroom was pretty full actually, we did well. We need to see more people showing up. Don’t take my word for it, come to court and find out for yourself. Good Night everybody!