FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
AFTERNOON SESSION 04/18/2019
WEEK 48, DAY 167
BY WILLIAM THOMAS JENSEN (TOM)
JUDGE ZUNIGA IMPOSING TIME LIMITS ON DEFENSE
What is up with Judge Zuniga? After allowing Marlisa Ferreira to take over one year on her Case in Chief, Judge Zuniga has strictly limited the amount of time that she will allow the defense to take putting on their defense. This is disgusting to me, and only confirms what I have been thinking about her lack of impartiality in this case. She has imposed the date of May 22nd, 2019 as being the last day that evidence can be presented. She stated that the jury will be called back on May 28th, 2019 and she will give them her instructions for deliberations. The alternate jurors must remain on call, and able to get to the courtroom within 30 minutes if they are needed. The defense set a record today and were able to get four witnesses on the stand. It is so refreshing to see this kind of progress when you compare it to the snail’s pace of the prosecution’s case. I think the defense is eager to get this thing over and turn the case over to the jurors. I apologize for the lateness of this post, but I had a very important meeting to attend last night and did not have the time to do it in the evening like usual.
The afternoon session began at 1:43PM with the defense calling Officer Jesse Baucum to the stand. He is the Turlock Police Department Officer that Michael Maunakea referred to as being “Conan.” Defense Attorney Percy Martinez starts out on direct examination. He gets Officer Baucum to testify that he was involved with a 04/28/2010 search warrant that was served on Michael Maunakea. He testifies that property was seized, and the proper form was filled out listing the property that was seized. Officer Baucum testifies that no recording device was seized during the search warrant. He states that Michael Maunakea was arrested and had to be taken to Emanuel Medical Center because he was complaining that he was having a seizure. Officer Baucum testifies that while being transported to jail, he had to pull over because Michael Maunakea started yelling and cussing and was exhibiting signs of becoming unresponsive. Michael Maunakea complained that he was having a seizure and stated that he wanted an ambulance. Officer Baucum testifies that he did a sternum rub on Michael Maunakea to try to arouse him, and that is where he began yelling and cussing and asking for an ambulance. An ambulance was called, and Officer Baucum followed the ambulance to Emanuel Medical Center. Officer Baucum testifies that he went into the emergency room with Michael Maunakea because he was handcuffed and was his prisoner at the time. Officer Baucum testifies that he did not kick, or strike Michael Maunakea. He testifies that he later took Michael Maunakea to jail and did not kick or strike him. Officer Baucum testifies that he is not aware of any more search warrants that were served on that address on Kenwood Street after Michael Maunakea had been taken to the hospital. He testifies that he is not aware of any incident in the lobby of the Turlock Police Department where Michael Maunakea was assaulted. He testifies that he is also unaware of any incident on the side walk in front of the Turlock Police Department where Michael Maunakea had been assaulted. Officer Baucum testifies that he did have occasions where he questioned Michael Maunakea on the streets after 09/10/2011. He states that he stopped Michael Maunakea several times to see if he was once again selling drugs. Officer Baucum testifies that he did not see Michael Maunakea being attacked by other Turlock Police Department Officers after 09/10/2011. Officer Baucum testifies that nobody ever came to the Turlock Police Department and asked for the return of a recording device. Officer Baucum testifies that the Stanislaus County District Attorney’s Office never asked about a recording device or Michael Maunakea being attacked by officers. Officer Baucum states that he did not harass, beat, kick, steal from Michael Maunakea, steal from the family of Michael Maunakea, or take evidence from the police evidence room. Officer Baucum testifies that he is not affiliated with Frank Carson and had never before been involved in cases with Frank Carson. He denies threatening Michael Maunakea on behalf of Frank Carson. Percy Martinez has no further questions.
Defense Attorney Hans Hjertonsson takes over on direct examination. He gets Officer Jesse Baucum to testify that he had been present on 04/28/2010 and 08/18/2011 when search warrants were served on the Kenwood Street home of Michael Maunakea. He once again testifies that property was seized, and no recording device was taken during the search warrants. Officer Baucum testifies that he did not tell Michael Maunakea that he could “Make him disappear.” He denies that he heard any other police officer make that threat to Michael Maunakea. Officer Maunakea denies that he told Michael Maunakea to keep his mouth shut about Korey Kauffman. He denies hearing any other police officer tell Michael Maunakea to keep his mouth shut about Korey Kauffman. He denies that he tackled Michael Maunakea and denies seeing any other police officer tackle Michael Maunakea. Hans Hjertonsson has no further questions. Jai Gohel has no questions for Officer Baucum.
Marlisa Ferreira takes over on cross examination. She gets Officer Baucum to state that he has been an officer for the Turlock Police Department for 14 years. He testifies that he worked from 2009-2014 on drug cases and was frequently involved with search warrants. He states that he was involved with two search warrants that were served at the Kenwood Street address of Michael Maunakea. He testifies that he had long hair during that time period. Marlisa Ferreira: “Did people call you Conan?” Officer Baucum: “I have never heard that.” Officer Baucum testifies that he worked with Officer Jason Watson. Marlisa Ferreira gets Officer Baucum to once again to testify that he performed a sternal rub on Michael Maunakea during the 08/18/2011 transport after a search warrant had been served. Marlisa Ferreira starts referring to a report where Michael Maunakea had called Officer Baucum a “Mother Fucker” and had stated that it was “Bullshit.” Officer Baucum states that Michael Maunakea was upset that he was being taken to jail after giving up some “Connects” to the officers during the raid. Officer Baucum testifies that he was not arguing with Michael Maunakea. He does not recall telling Michael Maunakea: “Stop yelling at me.” Marlisa Ferreira asks Officer Baucum if Michael Maunakea had been agitated when he was being taken to the hospital. Officer Baucum testifies that Michael Maunakea was more agitated when he was being taken to jail. Officer Baucum testifies that another officer took Michael Maunakea to jail. Officer Baucum testifies that all of the seized items were processed when Michael Maunakea was taken to jail, and that Michael Maunakea had provided the officers with the names of some higher up dealers in the Turlock area. He states that he was aware of some of the names that were provided by Michael Maunakea. Officer Baucum once again states that Michael Maunakea was agitated when he found out he was going to be taken to jail. Officer Baucum states that he never went back to the Kenwood Street address after the 08/18/2011 search warrant. Officer Baucum testifies that his later communications with Michael Maunakea went well, and that Michael Maunakea had even assisted with a guy that was in trouble in Turlock. Officer Baucum testifies that he is not aware if Michael Maunakea knew Korey Kauffman. He testifies that he is not aware of any stolen property that was seized during the two search warrants that he was involved with. Officer Baucum testifies that Michael Maunakea was mostly cooperative during the search warrants, and that was not threatening. I see Kirk Bunch whispering into the ear of Marlisa Ferreira. Marlisa Ferreira: “Do you know Frank Carson in any way?” Officer Baucum: “No.” Marlisa Ferreira: “Did you have any information that Frank Carson lived on 9th Street in Turlock?” Officer Baucum: “Yes.” Officer Baucum testifies that an Officer Medlin had taken a report concerning this, and that the Carson property was a Stanislaus County address. Officer Baucum admits that he knows the Athwal brothers. Marlisa Ferreira has no further questions.
Percy Martinez takes over on re-direct. Percy Martinez: “When you went to the Maunakea residence in April of 2010 and had a conversation with him did he cry?” Officer Baucum: “He did.” Percy Martinez: “What did you say in your report about Michael Maunakea starting to cry?” Officer Baucum refers to his report and says: “Michael Maunakea was expressing remorse for being caught with methamphetamine and going to jail.” None of the attorneys had any more questions for Officer Jesse Baucum.
Percy Martinez now calls Officer Dominic Hernandez to the stand. He testifies that he has been a Turlock Police Department Detective for eleven and a half years. He testifies that he was not part of the narcotics team in 2009 but worked with them at times. He does not remember if he was involved in the Maunakea search warrants. He testifies that Michael Maunakea’s name is familiar to him somewhat. He is not sure if he was involved in the arrest of Michael Maunakea. He basically can’t remember anything about Michael Maunakea. He denies seeing Michael Maunakea being tackled in the lobby of the Turlock Police Department. He denies seeing other officers tackling Michael Maunakea on the sidewalk outside of the Turlock Police Department. He denies threatening Michael Maunakea. He denies threating to beat Michael Maunakea. He denies kicking Michael Maunakea. He denies taking evidence from the property room at the Turlock Police Department. He states that he just recently became aware of Frank Carson and did not know him back when the search warrants were served on Michael Maunakea. He states that he has not been involved in any cases with Frank Carson before this one and had never met Frank Carson. He denies making a threat to Michael Maunakea on behalf of Frank Carson. None of the attorneys have any more questions for Officer Dominic Hernandez. He is allowed to step down.
Percy Martinez now calls Detective Sean Martin to the stand. He testifies that he is a sworn Modesto Police Department Officer. He testifies that he interviewed Victor Navar on 06/15/2012. Percy Martinez: “What was the purpose of the interview?” Detective Martin: “Victor Navar was a suspect in a double homicide.” Detective Martin testifies that Detective Dale Lingerfeldt was with him during this interview and was working for the Modesto Police Department at that time. Lingerfeldt later worked for the Stanislaus County DA’s Office and had to take another job in San Joaquin County after an incident that has been hidden from the public. Detective Martin testifies that Victor Navar provided them with information about a robbery/homicide. He states that it involved the theft of marijuana, and that Victor Navar had provided details of a plan. He testifies that Victor Navar spoke about firearms that were involved in the theft of the marijuana. Detective Martin states that Victor Navar provided the investigators with details about what he did after the theft of the marijuana, and he states that the interview was recorded. Percy Martinez has no further questions at this time.
Defense Attorney Jai Gohel gets Detective Martin to testify that the 06/15/2012 interview of Victor Navar was conducted after he had been apprehended in Mexico, and the interview lasted for approximately two hours. Detective Martin testifies that Victor Navar initially denied any involvement, but later admitted that he was part of a marijuana robbery. Jai Gohel tries to get into how Victor Navar had talked about “Coming Up” on some marijuana and wanted to know what this means to Detective Martin. This gets objected to several times, and we have a side bar. At this time, our former Mayor of Modesto Carmen Sabatino walks into the courtroom. You really do not have to see Carmen Sabatino to know that he has entered the courtroom. There always seems to be something in the air. Shortly after entering, he is sound asleep, and leaves after we take a break. After the side bar, Detective Martin once again states that Victor Navar admitted that he was going to rob marijuana and had initially denied any involvement. Jai Gohel: “During the interview did Victor Navar say he brought around $180,000.00 with him to buy the marijuana that he had in the trunk of his black Mercedes?” Detective Martin: “No.” Jai Gohel: “During the interview did Victor Navar tell you he shot the gun in self- defense?” Detective Martin: “No.” Jai Gohel has no further questions.
Marlisa Ferreira takes over on cross examination. She asks Detective Martin if Victor Navar did not admit to shooting a gun. I am not sure what his answer was to this question. My notes get confusing at times. Detective Martin does not recall if he asked Victor Navar if he brought $180,000.00 with him for the purchase of the marijuana. We have another side bar. After the side bar, Marlisa Ferreira gets Detective Martin to testify that he also worked with street gangs. He states that he worked on street gangs between 2007and 2012. He states that he was promoted to Detective in 2012 and has worked on over two dozen murder cases. He testifies that it is not unusual for a suspect to first deny any involvement in a crime. Detective Martin testifies that Victor Navar spoke about when he was in Mexico. We have another side bar, and Marlisa Ferreira states that she has no further questions. Percy Martinez has one question for Detective Martin. Percy Martinez: “Did Victor Navar say that he did not take any money with him?” Detective Martin: “He did not say that he took any money with him.” Percy Martinez has no further questions. Jai Gohel tries to ask a question concerning the money that results in another side bar. After the side bar, Jai Gohel asks Detective Martin if he remembers what Victor Navar said when he was asked about the money during the interview. Detective Martin does not remember and gets refreshed with the transcripts of the interview. Detective Martin states that Victor Navar had said during the interview that he did not bring any money with him. We now had a series of questions that were objected to, and the objections were sustained. Jai Gohel has no further questions.
Marlisa Ferreira takes over on cross examination. Marlisa Ferreira asks Detective Martin if Victor Navar had said something about coming back with some money after obtaining a sample of the marijuana. She points out to Detective Martin that the investigators asked no questions about the money after Victor Navar came back, and therefore does not know if he had any money with him when he came back the second time. We have another side bar, and Detective Martin is allowed to step down.
It is now 2:53PM, and Judge Zuniga sends the jury out for their afternoon break. Kirk Bunch goes out of the courtroom at this time to make a call on his cell phone. All the attorneys are ordered by Judge Zuniga to go into her chambers. At 3:24PM, everyone is allowed to come back into the courtroom, and the jury is brought in. That fake smile from Marlisa Ferreira when the jury comes in makes me want to puke. It is at this time that Judge Zuniga tells the jury that the plan is that all the evidence will be done no later than May 22nd, 2019. She states that she will call the jury back on May 28th to give them her instructions. She cautions the jury to not rush to a verdict. She tells the jurors that the alternate jurors must remain within ½ hour from the courtroom at all times, and that they are not allowed to go to work. Judge Zuniga sends the jury home at 3:33PM. Judge Zuniga reminds the jury that there will be no court on Friday, and that there will be no court next week. She instructs the jury to be back at 10:30AM on April 30th and tells the attorneys to be in court by 9:30AM. After realizing what needs to be discussed, she instructs the bailiff to tell the jurors to be at the courtroom by 1:30PM on April 30th. How can the judge think she is running a fair trial when she imposes a time limit on the defense after allowing the prosecution to take over a year on their case? I have lost all faith in our judicial system. Equal justice under the law simply does not exist.
Sincerely; William Thomas Jensen (Tom)