FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF ARGUMENTS 06/04/2019
WEEK 52, DAY 176
BY WILLIAM THOMAS JENSEN (TOM)
KEY RULINGS GO AGAINST MARLISA
ANOTHER BAD DAY TO STOP SNIFFING GLUE
Court resumed this morning at 10:16AM. Defense attorney Hans Hjertonsson was late arriving at the courtroom. Frank Carson was present in the courtroom for the morning session. I LOVE this man and pray every day that he can have a complete recovery from his health issues. The jury was scheduled to be called up to the courtroom at 1:30PM today, but the entire day was taken up by arguments. These were very important arguments, and I must say that I have never had a better day watching arguments. I don’t want to spoil the fun of reading this post, so I will not get into details about what happened today in the first paragraph. I will say that Marlisa Ferreira had probably her worst day to stop sniffing glue. She seemed very subdued at the end of the day, and I think she can see the handwriting on the wall very clearly now. Now sit back and let me paint for you yet another picture of what happened in the courtroom. I think you will enjoy it as much as I am going to enjoy writing it.
Percy Martinez starts out at 10:16AM speaking about four witnesses that he is going to call to the stand. They are Joe and Kathy Lema, Rosa Ishoo, and Kimberly Stout. Marlisa Ferreira starts to object to these witnesses, and Judge Zuniga tells her that she wants Marlisa to start out where we left off on Friday. Marlisa starts speaking about the defense objecting to the length of her proposed rebuttal case. She states that the defense has asserted that the extreme length of this case is her fault. She states that the defense wants to limit the amount of time that she can spend putting on her rebuttal case. Marlisa starts out by arguing that the Preliminary Hearing took 18 months, and the defense should have known that the actual case would take a long time to complete. Marlisa Ferreira states that Jai Gohel having other court obligations do not justify the judge limiting the length of her case. She states that Jai Gohel made a miscalculation when he estimated how long this trial would take. She states that it is not the court’s burden to adjust this case to accommodate Jai Gohel’s other court cases. Marlisa states that things happen. She states that the defense should have realized that there would be illnesses. She states that she has never requested a single day off during this case. She states that the defense has argued 7 times that the judge should limit the amount of time she was taking with her case. She states that a murder trial takes priority over everything else. She states that this is set out in statute. Marlisa states that the jury has had multiple issues but is committed to finish their job. She states that there are still three alternates left, and this should be sufficient to finish this case. She now goes on one of her patented rants that seems to last forever. She states that the defense has infused the record with their arguments about the extreme length of this case. She states that she has never heard a court limiting a case based on the defense attorney’s calendar.
Defense attorney Jai Gohel states that Marlisa Ferreira was untruthful when she estimated that this trial would last 8 months. He states that this trial started on April 18, 2018, and that he had three days in Federal Court where he was ordered to be present. He states that after the 8 month point in this trial, he only had to be gone for one instance. He states that we have had a holiday break, a spring break, a problem with one of the male jurors, a serious illness with Frank Carson, and possibly the entire month of July off for two of the jurors if this case goes on that long. Jai Gohel states that he had moved 7 trials since this case began. Jai Gohel: “I can’t go on forever.” Jai Gohel reveals that his research has shown that this case is the third longest case in the history of California. He states that on merits, this case should be limited. He states that Marlisa Ferreira has called a huge number of witnesses that had basically nothing to say hoping that their mud would stick to the wall.
Percy Martinez states that this case began on November 28, 2017, and we are now in June of 2019. He states that he does have Federal cases that he needs to attend to. He states that he has been threatened with incarceration. He states that Marlisa Ferreira has called around 140 witnesses who had nothing to say and were unbelievable. He states that Marlisa Ferreira now wants to call around 15 more witnesses on her rebuttal case. Percy states that most if not all of these witnesses are not truly rebuttal witnesses. He states that Marlisa Ferreira is basically reopening her Case in Chief.
Defense attorney Hans Hjertonsson joins in on the previous arguments. He states that the court has discretion concerning this issue. Marlisa Ferreira estimates that she can get through all her rebuttal witnesses in four days. This curly haired lady lies through her teeth. Judge Zuniga makes a comment about how inaccurate her time estimates have been. Marlisa Ferreira argues that the defense has asked the same questions over and over again, and that has cause much of the delay in this case.
Judge Zuniga tells Marlisa Ferreira that she has cautioned her about how her rebuttal witnesses need to be true rebuttal witnesses. She states that this is the 3rd or 4th time that his issue has come up. She states that there is no case law that gives the court discretion about how long a case takes. She states that it would be a terrible miscarriage of justice. At this point, I am thinking that Judge Zuniga is going to rule against the defense on everything. Judge Zuniga speaks about the contentious personal attacks that have been made from both sides in this case. She states that this rancor has continued from the Preliminary Hearing into the actual trial. Judge Zuniga complains about the mindless, repetitive, and meritless objections that have been constantly made by Marlisa Ferreira. She tells the defense attorneys that they do ask the same questions over and over again. She states that she has to call so many side bars because she does not understand the objections that are made. She talks about the 158 motions illiminae that had to be dealt with. Judge Zuniga tells Jai Gohel that he began complaining about the length of the case from the very beginning. She tells Jai Gohel that he was correct when he said that Marlisa Ferreira had said that this case would take 8 months. She tells Jai Gohel that she thought to herself that this case would take a year to finish. She states that the jurors are really bonded, and that the majority of them have jobs. Judge Zuniga once again speaks about how she wants this case to go to the jury by June 19th. She states that if the case is not done by then the jury will be off the entire month of July because of cruises that two of the jurors have already postponed. She states that there is still a lot of work that needs to be done. She states that it is not easy. Judge Zuniga denies Jai Gohel’s motion to limit the time Marlisa Ferreira has to put on her rebuttal case. At this point, I feel that this case is going to last forever.
Judge Zuniga now starts speaking about another witness named Alice Mimms. She states that Jai Gohel asked about 20 minutes of questions to Ms. Mimms when she was on the stand. She states that Percy Martinez did not ask her any questions. Judge Zuniga states that Detective Jon Evers and Tanya Johnson have already been removed from the witness list because Frank Carson is not going to testify. Judge Zuniga now speaks about the last-minute cell phone expert named Cy Ray who Marlisa Ferreira want to testify to rehabilitate the destroyed cell phone expert Jim Cook’s testimony. Judge Zuniga gets very blunt and tells Marlisa Ferreira that Jim Cook made a terrible mistake when he decided on his own to re analyze his work using Google Maps. She states that Jim Cook impeached himself when he did so. Marlisa Ferreira states that Cy Ray has an engineering degree, and that his analysis of the cell phone coverage looks more like a cloud than the pie charts that Jim Cook had come up with. Marlisa Ferreira once again goes on one of her patented rants. She states that between 8:49PM and 2:20AM the cell phones associated with the Athwal brothers his off the Southeast Turlock cell phone tower on the Southeast sector. She states that this covers the area of the Frank Carson property. She states that this corroborates the testimony of Robert Woody. She states that this negates the testimony of Patrick Emery, who said that the Athwal brothers were at Pop N Cork till around 1:00AM. Marlisa Ferreira cites the People vs Friend. This case had been provided by Judge Zuniga as case law that concerns this issue. Marlisa Ferreira states that Cy Ray’s report is only 3 pages long. Marlisa Ferreira now tries to bargain with Judge Zuniga by offering to not call some of her proposed rebuttal witnesses if she can call Cy Ray to the stand.
Percy Martinez argues that Marlisa Ferreira did disclose that she was going to possibly call a cell phone expert in November, and that the court had ruled at that time that she could not do so. He states that the defense relied on that ruling, and therefore is not prepared. He states that there is no evidence that puts Frank Carson on the Carson property on March 30, 2012. Percy Martinez calls this improper rebuttal. He states that Marlisa Ferreira wants Cy Ray to testify using a new technique to try to clean up Jim Cook’s testimony. It is now 11:28AM, and we take a break.
At 11:45AM, Kimberly Stout is brought into the courtroom. She is instructed to come back at 9:00AM tomorrow morning. She is dressed in a bright pink dress. She gave me the impression that she might have been working the streets before she was brought to the courtroom by Steve Jacobson. Marlisa Ferreira is asked where she was found and tells Judge Zuniga that she was found on the streets. It is now announced that the jury will not be called up to the courtroom today. We are only going to be doing arguments today.
Defense attorney Hans Hjertonsson states that Ms. Ferreira wants to confuse the jury by putting Cy Young on the stand. He states that nothing is changed with his analysis of the cell phone data. He states that the defense did not put on any cell phone testimony in their Case in Chief. Hans states that Cy Ray is going to testify that the Southeast Turlock cell phone tower covers the Carson property on its Southeast sector. Hans states that this conclusion is exactly the same as what Jim Cook testified to and is therefore not rebuttal. He states that Cy Young would not rebut what Patrick Emery testified to.
Jai Gohel cites the People vs O’Mally. He speaks about how this ruling speaks about how the prosecution was allowed to impeach the defense because it could not have been presented in the prosecution’s Case in Chief. Jai Gohel states that vacillation was also testified to by Jim Cook. Jai Gohel cites the Carter case. He states that Cy Young uses a software program, and it is going to take him a very long time to prepare for his testimony and call rebuttal witnesses. Marlisa Ferreira now goes into one of her patented rants until it time for us to go to lunch.
At 1:30PM, a Mr. Hippolito of Valley Wreckers on Tully Rd is in the courtroom. He had been called to testify by Marlisa Ferreira concerning a car that was towed from the property of the deceased father of Walter Wells. He was very upset, because his business grinds to a halt when he is not able to work. He is ordered to be back in the courtroom on Thursday at 9:00AM. It is announced that the Limas and Ms. Ishoo are to report to the courtroom at 9:00AM tomorrow to testify for the defense.
Judge Zuniga states that she thought about the possible testimony of Cy Ray last night. She states that the bottom line is had Jim Cook not messed up there would be no need for Cy Ray to testify. She tells Marlisa Ferreira that after the Preliminary Hearing, she should have done an analysis of his testimony and replaced him. She tells Marlisa Ferreira that she: “Should have kicked him down the stairs.” She tells Marlisa Ferreira that Jim Cook testified for 7 weeks, and that she just used a very small part of his testimony to justify her holding order. Judge Zuniga: “He is problematic.” Judge Zuniga: “He caused a problem for you by impeaching himself.” Judge Zuniga: “He was not the expert that you needed.” Judge Zuniga: “He has credibility issues.” Judge Zuniga: “The argument that Cy Ray’s testimony is crucial is not relevant.” Judge Zuniga: “The fact that Jim Cook is not an engineer was brought up in the Preliminary Hearing.” Judge Zuniga: “He used eye balling for his analysis?” Judge Zuniga: “You have argued that you need Cy Ray to testify to negate the testimony of Patrick Emery.” Judge Zuniga: “No.” Judge Zuniga: “Cy Ray will not be allowed to testify. I could see Marlisa Ferreira and Kirk Bunch slump in their chairs. I was surprised by the ruling. Perhaps it was because the reporter from the Los Angeles Times was in the courtroom today. He seems to change the judge’s behavior when he is present.
We now go into the 3rd party culpability argument. Judge Zuniga asks Marlisa Ferreira if she is objecting to what the defense is arguing concerning this issue. Marlisa Ferreira states that her objections concern David McMillan and Jason Armstrong. Judge Zuniga states that proper rebuttal either impeaches or corroborates. She states that she has read all of Charlie O’Dell’s and Michael Cooley’s testimony. She states that the defense has implied in their case that Michael Cooley was the killer of Korey Kauffman. She states that the defense has brought out testimony about his violence and use of knives. She mentions the possible knife slashes on the Carhart jacket that was found with the body of Korey Kauffman. She states that the inference is already there that Michael Cooley was the killer of Korey Kauffman. She states that the testimony of DNA expert Gary Harmer is appropriate to counter these defense arguments. Gary Harmer tested the DNA of Michael Cooley and ruled it out as being the DNA that was found on the bullet that was found near the body of Korey Kauffman. She is going to allow the defense to argue 3rd party culpability in their closing arguments but is not going them to discuss the CODUS.
Hans Hjertonsson states that Marlisa Ferreira wants to bring Woodrow Woody, Robert Branco, and Brian Coates to the stand for her rebuttal case. He states that Brian Coates has not testified so far in this trial. He states that Marlisa Ferreira has contended that Robert Woody made statements to Brian Coates shortly after Korey Kauffman disappeared. He states that Marlisa’s purpose to have them testify is to try to rebut what Dr. Richard Leo said. Hans states that Brian Coates indicated he just moved back to the Turlock residence in 2014 and lived with his mother in Fresno before that. Hans states that Brian Coates left the Turlock residence before the search warrant was served. Hans states that all of this is already in evidence. Marlisa Ferreira argues that Robert Woody made statements to all three of them before he was arrested. Hans seems to agree that it would be acceptable if Brian Coates testifies. Hans states that Robert Branco has testified that he had conversations with Robert Woody at Pop N Cork Liquors. Judge Zuniga states that she stopped Marlisa Ferreira from going into this during the time. Judge Zuniga asks Marlisa Ferreira: “What about Brian Coates not being in Turlock at the time?” Marlisa Ferreira: “He was in Turlock for a short time in 2012, and also he was in Turlock before Robert Woody was arrested. Judge Zuniga tells Marlisa Ferreira that she can call Brian Coates to the stand for her rebuttal.
Judge Zuniga now goes into the proposed testimony of the last-minute false confession expert Paul Cassal. Marlisa Ferreira states that he has testified in Federal Court and has testified against Dr. Leo before in court. Judge Zuniga: “The defense says that they have been given notice too late, and this is sandbagging.” Marlisa Ferreira states that Dr. Leo referred to him in his testimony when he was testifying about an article. She states that Paul Cassal will attack Dr. Leo’s methodology. Judge Zuniga: “What about the other expert you were going to call?” Marlisa states that expert was going to testify from a different perspective.
Hans Hjertonsson states that Marlisa Ferreira way back disclosed she was going to call Jim Cook as a cell phone expert. Hans states he disclosed to her at that time that he might call a Mr. Begle as a rebuttal witness, and provided her with his name and CV. Hans states that he also said he might call a Mr. Kenton Wong as a rebuttal witness, and provided Marlisa with his CV, and a report on Dr. Leo. Hans states that he informed Marlisa Ferreira that he intended on calling Dr. Leo. He states that Marlisa did not think about Mr. Cassal until very recently. He states that she E-Mailed him the name of Mr. Cassal on the evening of May 29th, and that his name was misspelled. Hans states that she did not say on that E-Mail that he was an expert witness on false confessions. Hans states that he still thought Marlisa was calling a Mr. Stincelli to rebut Dr. Leo. Hans states that he got an E-Mail the next day informing him about Marlisa’s intention on calling the last minute false confession expert Paul Cassal to rebut Dr. Leo. Hans cites case law concerning this issue. He states that reciprocity is required in this matter. He states that Marlisa is required to inform him just as he is required to inform her about expert witnesses, and this needs to be done well before they testify. Hans: “This is exactly sandbagging.” Hans states that he will be forced to talk to attorneys all over the nation, and it will take a substantial amount of time. He states that it will take him a minimum of one month to do so. He calls this unfair sandbagging.
Jai Gohel states that the cases are “On point” and mentions 1054.1 and 1054.3. I am not sure what this means. Jai Gohel challenges Marlisa Ferreira to find the article where she claims she found Paul Cassal’s name mentioned. Jai Gohel states that Marlisa Ferreira should have done this pre-trial. Jai Gohel cites the Gonzalez case which deals with sandbagging. He cites Zaga and Wardius. Percy Martinez agrees with Jai Gohel, and states that this would deny due process to his client. He states that Marlisa Ferreira was provided a report about Dr. Leo, and his intended testimony. He states that the report stated exactly what method Dr. Leo was using, and that Marlisa Ferreira had this information for about one year before he testified. Marlisa Ferreira complains that Dr. Leo “Slipped right through her questions” when asked about his methods. She complains that Dr. Leo did not concede anything. She goes on another rant. At this time, I notice that our bathroom monitor Russkamp is sitting in the courtroom. It is now 2:53PM, and we take a break.
At 3:18PM, Marlisa Ferreira starts speaking about a Federal Case where Paul Cassal testified. It was the Nicole Harris vs City of Chicago case. She states that Dr. Leo was barred from testifying in that case. Judge Zuniga tells Marlisa Ferreira that she did a word search of Dr. Leo’s testimony, and the name of Paul Cassal did not come up at all. Marlisa Ferreira turns a whiter shade of pale and tells Judge Zuniga that she forgot how they came up with Paul Cassal’s name. She states that she “Misspoke” when she stated earlier that it was Dr. Leo who had mentioned his name during his testimony. The term “Misspoke” seems to be a lawyer term for telling a lie. Kirk Bunch has misspoken many times during this case. Marlisa Ferreira states that Paul Cassal is very busy, and she is not even sure if he has time to testify in this case. Judge Zuniga wants a copy of the City of Chicago case.
Hans Hjertonsson states that Marlisa said she had prior transcripts from all of Dr. Leo’s cases, and she could have used them to impeach him on the stand. He states that coerciveness is based on the questions asked and not whether an interrogation is recorded. Marlisa had made a big deal about Dr. Leo stating that the interrogations had been recorded. Judge Zuniga: “What is it that Dr. Leo stated?” Marlisa Ferreira: “We have not hired Paul Cassal yet.” Hans Hjertonsson states that Paul Cassal won’t assist the defense by providing materials that the defense needs. Hans: “This ship has sailed.” Hans: “Getting depositions is complicated, and will take a long time to gather.” He states that this is all too late. Hans states that all of this is compounded by the fact that 7 weeks ago a different expert was scheduled to testify.
Jai Gohel states that there is no doubt that Dr. Leo is an expert in his field. Jai states that the court ruled in the motions illiminae that Dr. Leo was going to be allowed to testify. He states that based on this, Marlisa Ferreira knew early on that she was going to have to deal with a good expert.
Percy Martinez states that an expert is not like a typical witness. He states that courts give the attorneys adequate time to prepare for their testimony. He states that Paul Cassal was given at the last hour, and it will be impossible for the defense to prepare for his testimony. At this time, I can see an agonizing look on the face of Judge Zuniga.
Judge Zuniga begins to make her ruling. She tells Marlisa Ferreira that she had presided in a case where Paul Cassal had testified. She tells Marlisa Ferreira that the DA’s Office had a copy of the transcripts from that murder trial provided to them. She states that Marlisa had stated earlier today that she had become aware of the name of Paul Cassal because Dr. Leo had mentioned him during his testimony. Judge Zuniga very sternly tells Marlisa Ferreira that Dr. Leo never mentioned Paul Cassal during his testimony. Marlisa Ferreira once again turns a whiter shade of pale, and agrees that she misspoke. I call this a lie. Judge Zuniga tells Marlisa she is aware that Marlisa had information about Paul Cassal a long time ago. She is lecturing Marlisa Ferreira at this time. Judge Zuniga tells Marlisa that she is aware that Marlisa spoke to a Ms. Smith from Contra Costa County about Paul Cassal a long time ago. Marlisa was so busted at this point. Judge Zuniga states that it is imperative that she gets this case to the jury on time. She states that she will allow the jury to decide if they want to have the case turned over to them before they go on the cruises in July. Judge Zuniga states that this is a case of fundamental fairness. She tells Marlisa that Hans Hjertonsson asked her about this about two weeks ago, and that she had told him at that time that she was going to call a different expert witness. Judge Zuniga: “You should have given more notice mam.” Judge Zuniga: “I just can’t do this.” Judge Zuniga: “It was too late of a notice.” Judge Zuniga: “I need to get this to the jury.” Judge Zuniga: “Hans Hjertonsson would need a long time to prepare.” Judge Zuniga: “Request denied.” At this time, the bobsy twins looked like they were going to puke.
Percy Martinez states that he is intending on calling David McMillan to the stand, but he can’t find him. Percy speaks about how Mr. McMillan was up in the mountains with his 14 year old and they saw the game cam. He states that the next day the Lemas came up and joined them in the mountains near Mariposa. He states that Detective Dale Lingerfeldt showed photos to the Leemas that were from the game cam. Percy states that this is to show that people from Turlock were aware that the body of Korey Kauffman had been found in the mountains near Mariposa, and were spreading this news around Turlock before Robert Woody had made his statements to the investigators. Percy states that Ishoo was David McMillan’s ex- wife, and he had spoken to her about the situation. Marlisa Ferreira states this sounds like a whole lot of hearsay. Judge Zuniga states that Percy can ask yes or no questions to get around the hearsay. Hans Hjertonsson states that this could be used for a non hearsay purpose. It looks like the judge is going to allow them to testify. Percy speaks about one of his proposed witnesses named Officer Ed Morass. He speaks about how he assisted with the search warrant served on Michael Cooley and Eula Keyes on 01/13/2013. He states that Michael Cooley had several dangerous knives, and had stated to Officer Morass that the knives were his. He states that Eula Keyes testified that the knives were hers. Judge Zuniga states that she is going to do a word search tonight to check on this testimony. She tells Percy Martinez to not put on Officer Morass until she can do this research.
Marlisa Ferreira complains that she has not received notes that Dr. Leo had been writing when he was on the stand. She states that Dr. Leo had said in chambers that he would give her these notes. She states that Dr. Leo has now told her to file a motion for the notes. She states that she has now filed that motion. Marlisa: “This is maliciously deliberate.” Hans tells Marlisa Ferreira that he will let her look at the notes. It is announced that we will finish up the jury instructions on Monday. Judge Zuniga tells the attorneys that they need to finish up their list of exhibits. We are now done for the day. I have been typing for three hours and 45 minutes. Time to go to bed.
Sincerely; William Thomas Jensen (Tom)
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