Good evening everybody. This is Marty with DAWG’s Blog with tonight’s podcast on Thursday, April 18, 2019. This is on the Frank Carson et al. Trial. The afternoon session, as you know we had Jesse Bawcum on the stand. This morning Lt. Commander Patrick Emery finished this morning. They started to call the other Turlock PD officers in regard to the Michael Maunakea situation. They had Billy Dishman, former PI, who talked about Praveen Singh and fascination of law enforcement. That was all in the morning session, so listen to the noon report to hear updates on that.

 

The jury was up at 1:39 PM. The Judge was up at 1:42 PM. Sgt. Jesse Baucom was on the stand. Percy Martinez was doing direct examination. He was asking about a search he did on Michael Maunakea’s residence on Kenwood Ave. on April 28, 2010. It was a search warrant. He was slinging dope out of the house. They seized property. There was a property form that was filled out. The receipt went with the report and a copy of the receipt (this a form with multiple copies) was left at the house and one went to the evidence room. There was no recorder that was taken in any of those search warrants, not just this particular search, but all the other searches (one other search warrant search and a probation search). At any time he was not aware or did he note any recording device taken.

 

Now, remember, the history behind that is, Michael Maunakea testified that Korey Kauffman had come to his house and said he escaped out of a trunk of a car that he was being held hostage in and said it was the Pop and Cork guys. Korey Kauffman was scared and in a fetal position at Michael Maunakea’s house. So he got out a recording device and made a recording that said if anything happens to him blame the attorney. Maunakea also testified that Korey Kauffman was living and working on Frank Carson’s ranch and got in trouble from stealing from Frank Carson on his ranch. (To my knowledge Frank Carson doesn’t own a ranch). He said many things. He also said the Turlock PD officers were trying to kill him, they were threatening him. He said that the police officers had taken the recording device in one of the searches they did on his house. He had gone to Turlock PD to try to get his property back, including the recorder and Turlock police officers, Silvera, Jason Watson, Jesse Bawcum and Dominic Hernandez attacked him after he left the police department and told him to stay away from the Korey Kauffman business, to keep his mouth shut, they threatened to kill him and kicked him. He said all kinds of things. He also said there was a picture taken of the recorder, but if you look at the picture it is a cell phone. It has been identified as a cell phone.

 

Baucom also said on 8/18/2011 a search warrant was done on Kenwood Ave on Michael Maunakea’s property for dealing drugs. No recording device was taken.

These are officers that are in the narcotics unit at the time that are doing these searches. Maunakea is saying the recorder was taken during one of those searches. I believe it was the 2011 arrest that Maunakea was taken into custody and they had to take him to the hospital after he had, what Baucom said, was a possible seizure. Baucom didn’t say he was faking. He said he was in the back of the car and said he was having a seizure. He rubbed his sternum and Maunakea recuperated very quickly and starting screaming and cussing at him.

 

He also said Michael Maunakea had been trying to make a deal. He offered some of the people that had been supplying him the drugs. It didn’t work out, apparently, he wasn’t giving good information. So when he found out he was going to jail, he got very upset. He was screaming, yelling and cussing them out. He was in route to the jail in Turlock after being at the police department. Then they had to call an ambulance and take him to Emanuel Medical Center because he said he was having a seizure. Maunakea also claimed at the hospital, one of the officers had assaulted him right in front of the doctor in the ER. There was no note of that by the doctor or the officers. They rendered him aid. Rubbed his sternum and made a miraculous recovery and started screaming and yelling again. This happened after he found out he was going to jail instead of going home because he had been trying to make a deal.

 

He said he never struck Maunakea in any way, shape or form in front of the doctor, in the ER and never attacked him or done anything when Maunakea had left the Turlock PD.

 

In September 2011, a month later, he was asked if he went to Michael Maunakea’s home? He said no, I had no reason to go there and he had no further contact with Michael Maunakea. He never confronted Michael Maunakea in the lobby of the police station. Michael Maunakea said he was kicked out of the police station. Nor was he confronting him a block away. He denies ever attacking Michael Maunakea or seeing anyone else from Turlock PD attack or threaten Michael Maunakea.

 

Michael Maunakea reported this information trying to make some deals (I guess, I don’t know) sometime last year. I forget exactly when it was, but it was fairly recent. Percy Martinez asked Jesse Baucom, were you ever contacted by the DA’s office in regards to these accusations by Michael Maunakea or a recording that could be on a recorder taken from his house? No one has ever contacted him from the DA’s office trying to find the recorder or find out more information.

 

Summing it up, Percy Martinez asked Jesse Baucom if he ever kicked, threatened, assaulted, assaulted with hands, fist, feet, boots or anything Michael Maunakea or anyone in his family? He said he never did that, never tried to silence Michael Maunakea in any way. He did not know Frank Carson other than seeing him in the hallways of the courthouse. There were no threats of any kind on the family.

Percy Martinez had no further questions.

 

Attorney Hans Hjertonsson briefly on the search warrant. Baucom repeated there were no recorders taken from the residence in the search. He had never threatened Michael Maunakea or saw anyone else threaten Michael Maunakea that they could make him disappear. Never heard any officers or himself say stay quiet in regards to the Korey Kauffman case. He never told Michael Maunakea to keep his mouth shut or heard anyone else tell Michael Maunakea that. He never talked to Michael Maunakea by the station, nor, that he is aware of, had any other officer.

 

Marlisa Ferreira went on cross-examination. He’s been an officer for 14 years. Half of that time he’s been working in Narcotics. Jesse Baucom is a Sergeant. He regularly arrested drug dealers when working narcotics. He did search warrants on Michael Maunakea for dealing drugs out of his residence. Both search warrants he was involved with were on Kenwood Ave. At the time, he said he had longer hair and he had not heard that he was being called ‘Conan’ until this case. (Obviously, he is listening to DAWG’s Blog)

 

Marlisa Ferreira went again into how he rendered aid for a seizure to Michael Maunakea. He was going from the police station to the county jail. He said he had a seizure and rubbed his sternum and Michael Maunakea started screaming and yelling, calling him MFer, this is all b%^&*&^. Baucom said Michael Maunakea was very upset with him. Marlisa Ferreira asked: did you tell him to calm down? He said yes I probably did, but I don’t remember specifically. Michael Maunakea was very agitated in the car before and after the seizure, but he was much more calm at the hospital. He wasn’t having this episode at the hospital and was cleared to go to jail. He was taken in custody in the front yard of his house, not anywhere else, not off the streets or by the station. Another officer had transported Michael Maunakea to the police station, where they interviewed him and he tried to make some deals but wasn’t giving good information apparently. So they decided to book him at the jail and that is when he got really upset.

 

Baucom said he never was back at the Kenwood address after that date. The second incident, he wasn’t the primary investigator on that case, but he was assisting. He said there have been several contacts at a different residence since he’s moved, some probation things going on, but hasn’t done any search warrants. He said Michael Maunakea had given other information on the streets. They were looking for a guy and Michael Maunakea said: yeah, he went over that way. Michael Maunakea had been cooperative in the past and given them information on the streets. Baucom said he never knew Michael Maunakea prior to that or knew Korey Kauffman at all. He said he might have heard the name, maybe, but wasn’t familiar with Korey Kauffman at all.

 

Marlisa Ferreira asked if he ever found any type of stolen property during the search at Michael Maunakea’s. He wasn’t aware of any type of stolen property, but he was just looking for drugs, but typically there can be stolen property at these places where they arrest drug dealers, but it didn’t look like there was stolen property there.

 

Again, he said he had no information on Korey Kauffman and wasn’t really aware of him. He never threatened Michael Maunakea. He did not know Frank Carson other than from the courthouse. He knew Frank Carson lived in Turlock after seeing a theft report from his property and they had determined that Carson’s property was Sheriff’s jurisdiction and not Turlock PD jurisdiction. Marlisa Ferreira asked if he knew Baljit and Daljit Athwal. There was an objection, it was sustained. There were no further questions.

 

Percy Martinez went back on direct. Asked if on April of 2010 with the search warrant and the conversation with Michael Maunakea, did Michael Maunakea cry? (Apparently, Michael Maunakea has a tendency to do this when he wants to gain sympathy. It’s the way Percy Martinez made it sound). Bawcum said yeah when he found out he was going to jail he started crying and got pretty upset.

 

No further questions by all attorneys. Jesse Baucom was very relieved to be off the stand.

 

Dominic Hernandez was called to the stand. He’s a Turlock Police Officer. He’s been a detective for 11.5 years. I think he’s been on a total of 14-16 years, something like that. He was never on the narcotics enforcement team around 2009? He said he was never part of the team. He did do some work with them, like as a backup. He did have some activity with them, but it was limited and he didn’t do much. Dominic Hernandez is now a detective and didn’t seem to have much to add to this.

 

They asked him if he had any contact with Michael Maunakea on the dates of the search warrants? He said: I never heard of him before. He’s not sure if he contacted him or not. Unknown if he ever searched on Kenwood Ave. Unknown if her ever took Michael Maunakea into custody. He doesn’t know. Asked if he ever saw anyone tackled by law enforcement officers outside the police department around September 2011? He said no. He never threatened anyone that day. He never assaulted or assaulted with a deadly weapon, hit or kicked anybody. He doesn’t know anything about that. He was asked if he took any property from Michael Maunakea? That was objected to by Marlisa Ferreira and they moved away from that area.

 

Percy Martinez asked if he knew Frank Carson? He said I’ve seen him around at the courthouse, but not really until recently on this case. He’s never met him or contacted anyone on Frank Carson’s behalf. No further questions.

 

No further questions by anyone. Marlisa Ferreira didn’t even do a cross-examination. Officer Hernandez was sent on his way.

 

At this time, Det. Shawn Martin was called to the stand. Who is Shawn Martin? Shawn Martin is the investigating officer who interviewed Victor Navar after he was brought back from Mexico. He was brought back from Mexico after the double homicide and drug deal gone back off of Paradise Road. He is a Modesto Police Officer, he was a Detective. On 6/15/12 he interviewed Victor Navar. It was in regards to the double homicide in Modesto where Victor Navar was a suspect in the double homicide. Dale Lingerfelt was also present. He was interviewing Navar as to his involvement in the homicide. He asked Navar who he killed and what happened. There was an objection and a long sidebar. Navar said it was a “drug rip” that turned into a homicide. They had planned the theft of the marijuana. Percy Martinez asked if Navar admitted they had planned this robbery of the marijuana? He said initially no, but they did finally admit to that. Apparently, they had some planning that took place prior to that. Victor Navar had talked about the firearms that were used and what happened after. Percy Martinez was done at that point.

 

Jai Gohel started and asked about the 6/15/12 interview after Navar was brought back from Mexico and interviewed in regards to the double homicide. Victor Navar denied the robbery at first and the Detective said it is common that they do that, that is why they keep asking. Initially, Navar had denied it was a drug rip off that turned into a homicide, but he said Navar had said it was a “come up on weed”, which is a street term to rob or rip somebody off.

 

Judge Zuniga called a sidebar.

 

Navar admitted that he planned to rob them after initially denying it during the interview. Jai Gohel asked him if Vicor Navar had talked about $180,000 + he’d taken with them for the deal, in the trunk of the Mercedes? Det. Martin said he never mentioned anything about any money in the interview. Det. Martin said Navar never mentioned that he fired the gun in self-defense.

 

Remember on the stand, Navar testified he got shot at and his partner got shot and he started shooting people. Navar said it was all self-defense. There happened to be a gun there, so he grabbed and started shooting in self-defense.

 

Marlisa Ferreira went into cross. Det. Martin didn’t recall asking how much money they had with them. She asked him if it was normal for a suspect to deny? There was an objection. This is something that Det. Martin may or may not know, it could be guess work on his part, so he’s really not qualified to answer that type of question. Sidebar.

 

Said he had worked street gangs in the past and now is working in the homicide unit. He’s interviewed hundreds of suspects in cases. He’s done 2 dozen interviews of homicide suspects. He said it is not unusual for homicide suspects to deny things happened at least initially. Navar originally denied and then started admitting to things. Again an objection and a sidebar. Right now the sidebars are what is slowing this case down.

 

Percy Martinez asked if he mentioned he took that much money for the weed? Martin said no, he didn’t. He did take a sample of the weed. He was supposed to come back and pay the guy, but he didn’t say how much money.

 

Jai Gohel started on redirect. In regards to the money for the transaction…Objection and sidebar. He took the money for the transaction, according to Navar, the detective did not specifically remember exactly what he said or talked about taking the money. He did refresh with a transcript. Navar did say he wanted to sample the product, run a test and then would come back with the money. Apparently, that was done, but unknown if he came back with the money or not. Suspects, he said, very regularly deny then admit to voluntary killing somebody and that is exactly what happened here. Victor Navar always did deny he was using a firearm. No further questions by Jai Gohel.

 

Marlisa Ferreira asked in regards to getting the sample and then came back, but he asked him no questions about how much money he had when he came back.

 

Percy Martinez asked him about Navar saying he was going to rob them of the marijuana and keep the money? Objection. No further questions. They ended up in another sidebar. It was an off the record sidebar and the Judge took the attorneys in chambers. She sent the jury out for a break at 2:45 PM.

 

They came back at 3:25 PM and she sent them home for the day. There is no court for the jury until April 30, 2019, at 10:30 AM. She has to finish up this 1118 motion, a directed verdict motion.

 

The attorneys did go into chambers. When they came back out all the jury and witnesses were sent home. In regards to the schedule, the Judge and the defense have agreed that the evidence will be presented by May 27, 2019. By May 28, 2019 she wants the jury to start deliberating. This is the schedule she’s given to the jury because they were asking.

 

Remember the DA gets a rebuttal after the defense case. Marlisa Ferreira took a year to put her case on and she’s telling the defense to be done in the next month. I don’t think they have that much they are going to do so I don’t think it will be a problem, but Marlisa Ferreira gets a rebuttal. Dr. Leo is supposed to be there the week we come back. He is a false confession expert. If anyone saw, The Making of a Murderer, that was Dr. Leo that was in that series talking about false confessions. He didn’t interview Robert Woody or his family, but he did look over all the interviews, watched and read the transcripts.

 

Somebody was saying the defense is saying they don’t have that much to do. I’m a doubting Thomas. I’ve been following this case for four years now and there is nothing quick about it. Marlisa Ferreira took a year to do her case.

 

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