FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF TESTIMONY 04/30/2019
WEEK 49, DAY 168
BY WILLIAM THOMAS JENSEN
MARLISA FERREIRA BRINGS UP DAWGS BLOG AGAIN
Court was delayed this morning for over an hour while we waited for Percy Martinez to get done with a Preliminary Hearing in another courtroom. Today was another day where the defense put on multiple witnesses in contrast to the snail’s pace that the prosecution took putting on their case. The entire morning session was taken up finishing up on arguments concerning the 1118.1 motion by the defense for Judge Zuniga to make a directed verdict of not guilty based on the lack of proof. By the end of the morning session, Judge Zuniga made her ruling, and we were sent home for lunch about fifteen minutes early. Later on in the afternoon, the defense had a Modesto Police Department Officer on the stand that had investigated the break in at Praveen Singh’s McHenry Ave business. Marlisa Ferreira, on cross examination asked him about Praveen Singh stating that he had been threatened by people on Dawgsblog that had called him a rat.
This resulted in a rather long animated side bar. Marlisa Ferreira keeps on trying to get Marty Carlson and I out of the courtroom, but it seems as though we will still be in the courtroom being her huckleberry. I will get into the details later in this article, and how Judge Zuniga ruled on the 1118.1 motion.
Percy Martinez starts out at 10:47AM by stating that the prosecution has not proved their case beyond a reasonable doubt. Hans Hjertonsson argues that the prosecution has argued that Korey Kauffman had been shot at least two times in the back, and the prosecution says that this shows that there is no issue with intent to kill. Hans Hjertonsson states that during the Motions Illiminae arguments, Marlisa Ferreira had argued that there was no intent, and now is arguing that there is intent. Hans states that she has made this change in her arguments despite the fact that the evidence has not changed. Hans argues that based on that change, all the 1101 evidence should be thrown out by Judge Zuniga. Hans argues that on the obstruction of justice charges, Marlisa Ferreira needs substantial evidence on each and every overt act that she has charged. Hans states that Marlisa Ferreira has not accomplished that with her case. Jai Gohel argues that there is no evidence that Frank Carson encouraged Baljit Athwal to file law suits. He states that Frank Carson many times told the Athwal brothers to tell the truth.
Judge Zuniga states that Kirk Bunch, on 04/02/2019 had been asked by Marlisa Ferreira if any law suits had been filed against him, and that he had said “Yes.” She states that there was a side bar, and Kirk Bunch’s answer was stricken. Judge Zuniga brings up that Detective Frank Navarro testified that there had been complaints lodged against him by the defendants. Marlisa Ferreira argues that there was an inference that an agreement had been made between the defendants to obstruct justice. Judge Zuniga cites a long list of case law concerning this issue. She states that she wants to first focus on the homicide charge. Judge Zuniga states that the defense has focused on the credibility of the witnesses. She states that based on the case law, the defense can’t use credibility in their arguments for the 1118.1 hearing. Judge Zuniga states that she agrees that there are inconsistencies in the evidence, however there is the testimony of numerous witnesses that people were watching the Carson property, and “Arab” looking people were seen on the Carson property, and that Frank Carson had been identified on the property. Judge Zuniga brings up wire-tapped conversations between Georgia DeFelippo and Christina DeFelippo where they talked about Frank Carson being on the property with a gun. Judge Zuniga states that there was testimony about Daljit Atwal allegedly having a confrontation with Korey Kauffman before the alleged homicide. She states that Daljit Atwal was known to carry guns, and the testimony shows that Baljit Athwal was patrolling the Carson property for Frank Carson. She agrees that there are inconsistencies in the testimony. Judge Zuniga overrules the defense request for a directed verdict of not guilty in count one of murder.
Judge Zuniga now gets into the obstruction of justice charges against the defendants. She states that Marlisa Ferreira had listed overt acts that happened before the alleged homicide occurred. She then brings up overt acts that happened after the alleged homicide. These included the burning of the pickup truck, the moving of the body, and the burying of the body. She throws out the overt act that concerned Frank Carson hiring Patrick Hampton and Ronald Cooper to find out who was stealing from his property. She throws out the overt act of setting out enticements (Pipes) on the Carson property. She throws out the overt act that concerned armed people patrolling the Carson property before the alleged homicide occurred. She throws out the overt act that concerned the threats that were made to Korey Kauffman. In the final analysis, Judge Zuniga throws out overt acts 1,2,4,5,6, and 7. The rest of the overt acts were allowed to stand. Judge Zuniga now talks about case law that concerns lesser charges that may be utilized by the prosecution. We are now sent out for our lunchtime break.
At 1:35PM, the jury is brought into the courtroom, and Percy Martinez calls Sargent Timothy Luke Schwartz to the stand. He testifies that he has worked 14 years for the Stanislaus County Sheriff’s Department as a deputy and had been recently promoted to Sargent. Sargent Schwartz testifies that he was called to the courthouse in 2010 to investigate a “run in” between Frank Carson and DA Investigator Steve Jacobson in the basement of the courthouse. He testifies that he spoke to both Frank Carson and Steve Jacobson about the incident and filed a report. He testifies that Steve Jacobson told him that Frank Carson “Got into his space” when he took two pictures while in the hallway of the basement. He states that he does not remember Steve Jacobson saying anything about Frank Carson making derogatory comments. He gets refreshed with his report and testifies that he did not write down anything concerning derogatory comments in his report. Sargent Schwartz testifies that he spoke with DA Prosecutor Alice Mimms when he did his investigation of the incident. He states that he took her statement. Sargent Schwartz testifies that he took a signed citizen’s arrest from Frank Carson that was made against Steve Jacobson.
Hans Hjertonsson gets Sargent Schwartz to once again testify that he spoke to DA Investigator Steve Jacobson. Sargent Schwartz testifies that he does not remember seeing a large crowd of people gathered around Frank Carson and does not remember hearing any threats made. Hans Hjertonsson once again gets Sargent Schwartz to testify that Steve Jacobson had told him that Frank Carson had invaded his personal space while taking two pictures of him in the basement hallway. Hans Hjerrtonsson gets Sargent Schwartz to testify that he made a report of the incident and forwarded the report to the Stanislaus County DA’s Office.
Jai Gohel gets Sargent Schwartz to testify that the investigation was not recorded. Jai Gohel gets Sargent Schwartz to once again state that he did not remember seeing a large group of people gathered around Frank Carson in the basement hallway. Sargent Schwartz testifies that Steve Jacobson did not state that he had any safety concerns concerning the incident. Sargent Schwartz testifies that Steve Jacobson did not say that he approached Frank Carson, and states that Steve Jacobson did not say that Frank Carson had blocked his path. Sargent Schwartz testifies that he was called to the courthouse at 9:30AM and arrived at the courthouse by 9:35AM. He states that he spoke to Steve Jacobson in Department 12, and the incident occurred in front of Department 9. Sargent Schwartz states that he spoke to two people from the DA Department and took their business cards. Sargent Schwartz testifies that Steve Jacobson told him that Frank Carson had taken two pictures of him from an arm’s length away and had refused to stop taking pictures. Sargent Schwartz testifies that Steve Jacobson told him that he did not make any contact with Frank Carson, and he did not punch Frank Carson, and did not slap Frank Carson. Sargent Schwartz states that Steve Jacobson told him that he slapped the disposable camera out of Frank Carson’s hand and fingers. He states that he was unable to obtain any surveillance footage from cameras that were present in the hallway. He states that he left a telephone message with Frank Carson to provide the pictures that were on the disposable camera, and that Frank Carson did not provide them directly to him. Sargent Schwartz testifies that the incident occurred while Frank Carson and Alice Mimms were involved with the AJ Pontillo case. At this point, Marlisa Ferreira starts arguing with Judge Zuniga in front of the jury and gets sternly admonished. This is not the first time she has done that and is not the last time she did this today. She really has a talent for making an asshole out of herself in front of the jury. We have a side bar.
Marlisa Ferreira takes over on cross examination. Sargent Schwartz does not remember asking Steve Jacobson who was in the hallway during the incident. He does not remember getting a statement from DA Prosecutor Brad Nix. He does not recall asking Alice Mimms about who was in the hallway. Sargent Schwartz states that he did not interview AJ Pontillo and did not interview Mr. Microphone Mark Davis. Sargent Schwartz testifies that one of the Sheriff’s Department Community Service Officers got the pictures. He states that cameras are prohibited in the hallways. Sargent Schwartz testifies that he worked for 6 years for court services. He testifies that a citizen’s arrest was made because of the incident. He states that he wrote in his report that Frank Carson remained defiant and had asked to speak with his supervisor. He states that Frank Carson admitted to taking the two pictures. He states that Steve Jacobson was cooperative and calm during the investigation.
Percy Martinez takes over on re-direct. He gets Sargent Schwartz to state that Steve Jacobson gave him his version of what happened. Sargent Schwartz testifies that Steve Jacobson told him that Frank Carson came too close to him, and he knocked the camera out of his hand. After being refreshed he states that Steve Jacobson told him that he had taken it upon himself to do so. He states that Steve Jacobson told him that the camera was being held at chest level at an arm’s length away from his face. Jai Gohel gets Sargent Schwartz to testify that he interviewed Alice Mimms. Nobody else had any more questions, and Sargent Schwartz is allowed to step down from the stand.
Percy Martinez now calls Officer Jacob Hook to the stand. He has worked for two years for the Modesto Police Department. He testifies that he was called to the 946 McHenry Ave business of Praveen Singh on May 06, 2018 to investigate an armed robbery of the business. He testifies that he went into the business and observed that a door on the South side of the business had been shot out by what appeared to be a shotgun. He testifies that the business had been ransacked. He states that he saw Praveen Sing’s office, and the office of Praveen Singh’s wife. He testifies that Praveen Singh’s office door had been kicked open, but his wife’s office was still locked. He testifies that Praveen Sing’s office had been ransacked, and Praveen Singh had immediately told him that a black bag that contained evidence concerning the Carson case had been taken. He testifies that he saw several black bags in the office that appeared to be similar to the one that Praveen Singh had claimed was stolen. He states that Praveen Singh had told him that he was getting ready to testify in the Carson case. He testifies that the surveillance cameras inside of the office were not functioning when the office was broken into. He testifies that he checked the surveillance cameras on the outside of the building. We saw these recordings as they were played for the jury earlier in this trial. How convenient is seems to me that the cameras on the inside of the business were not working that day.
Hans Hjertonsson takes over on direct examination. Officer Hook now testifies that Praveen Singh did not tell him how to do his investigation. He now testifies that Praveen Singh told him certain things he wanted him to focus on in his investigation. Officer Hook testifies that he did not see Praveen Singh go through any of the other black bags that were in the office. Officer Hook testifies that Praveen Singh brought up Frank Carson at the very beginning of his investigation. He testifies that Praveen Singh did not tell him how long he had been in possession of the black bag that had been allegedly stolen. Jai Gohel gets Officer Hook to state that he felt it was unusual for Praveen Singh to jump to the conclusion that the black bag had been taken from the business.
Marlisa Ferreira takes over on cross examination. She gets Officer Hook to testify that a shotgun had been used to open the door to the business. He states that he waited for a backup to arrive and observed a wound to the leg of one of the employees. He testifies that he cleared the business, and that two of the office doors had been kicked in. Officer Hook testifies that he pointed out numerous items that were not taken during the break-in. At this point, our bathroom monitor Russkamp is noticed sitting in the courtroom. What a wonderful man. We now take our break at 2:46PM.
At 3:20PM, with the jury still out of the courtroom, we have some arguments concerning Marlisa Ferreira’s desire to show Officer Hook the surveillance tape from the cameras on the outside of the building. This gets objected to, and the objection is sustained. Judge Zuniga instructs the bailiff to call for the jury. Marlisa Ferreira gets Officer Hook to testify that what he saw was consistent with a robbery. He does not remember if he asked why the surveillance cameras were not working inside of the building.
Now Marlisa Ferreira tries to bring Dawgs blog into the case once again. She asks Officer Hook if Praveen Singh had complained about being threatened by people on the internet. This gets objected to, and the objection is sustained. She argues in front of the jury about people calling Praveen Singh a rat on the internet. We have a long side bar. After the side bar, Marlisa Ferreira once again brings up how people had called Praveen Singh a rat on the internet. She gets Officer Hook to state that Praveen Singh had been cooperative and wanted for a thorough investigation to be conducted.
Hans Hjertonsson gets Officer Hook to state that Praveen Singh had spoken to him about threats on the internet. He states that Praveen Singh could not specify what type of threats were made to him on the internet, and that he was not concerned about the alleged threats. Jai Gohel gets Officer Hook to testify that Praveen Singh had not told him that he was facing charges of robbery. Officer Hook is now allowed to step down from the stand.
Percy Martinez calls Forensic Pathologist Sung Paik to the stand. I might be wrong with the spelling of his name. This man was virtually impossible to understand, and barely could speak English. Percy gets him to go through his qualifications. He attended medical school in Korea and has worked as a Forensic Pathologist since 1982. He testifies that he examined all the bones that were found that remained of Korey Kauffman. These included the skull, mandible, parts of a rib bone, leg bones, pelvis, etc. He examined a brown jacket, t-shirt, brown boots, slacks, etc. He testifies that he was unable to determine the cause of death of Korey Kauffman. Percy Martinez starts asking him questions concerning the decomposition of a human body. He testifies that this varies depending on the temperature, moisture, and pressure. He testifies that a decomposing body would give off gasses, that would possibly be detectible from a shallow grave. He has a hard time understanding the questions that were being asked by Percy Martinez. We are now done for the day. I will be there tomorrow to report on what I see and hear.
Sincerely; William Thomas Jensen (Tom)