Good evening everybody. This is Marty from DAWG’s blog with tonight’s podcast on Wednesday, June 5, 2019 on the Frank Carson et al. Trial. 

Prior to getting started this afternoon, the Judge was on the bench at 1:38PM, Marlisa Ferreira did say her case could be done Friday absent anything crazy happening.  So we have a good landmark for maybe this Friday for things to be done.  This in large part due to her expert witnesses that have not been allowed. She tried to throw them in at the last minute and the Judge said yesterday not a chance. 

This afternoon, Kirk Bunch was back on the stand. Marlisa Ferreira doing re-cross. She was asking him many questions about Mike Cooley and that situation.  She asked him when he was aware Mike Cooley was not a suspect in this case.  He said when Robert Woody was taken into custody and much of that was based on the body wire that Miranda Dykes wore and all the things Woody had said in the body wire. He said there was some other information that actually cleared Mike Cooley and he felt that way almost immediately from the start of April, April 2, 2012, when he was called by Dave Shaw.  He said Cooley’s demeanor the first time he talked to him, the incident on 5/23/2012 of Woody and an Athwal going by Cooley’s house, he said that led the direction away from Cooley.  Also, the investigation of the visits to the Cooley property by Frank Carson.  Wiretaps also played into the decision making on that. The information from Kim Stout and John Paden, from the “ass is grass” comment on S. Johnson Street.  Statements from Ronald Cooper, Mike Cooley, Linda Sue Burns and Eula Keys helped also.  Who had a motive, was that considered? He said yes of course. He determined who had a motive.  He said Mike Cooley had no motive.  (That’s not what we’ve heard).  One of his original reports he stated that Frank Carson had a motive due to the thefts going on from his property, but at the time it wasn’t Frank Carson that had gone over to visit Cooley, Cooley told him it was a brother of Frank Carson. He also talked about text messages from Christine DeFlippo.  He cleared Mike Cooley 2 years after the investigation began. No further questions by Marlisa Ferreira. 

Percy Martinez went back on direct with Kirk Bunch.  He asked him, so for two years Mike Cooley was a suspect?  He said no.  (That’s what he just said to Marlisa Ferreira’s question).  Percy Martinez asked what was the information after two years that cleared Mike Cooley? Robert Woody claim that “he did it for the attorney” on the body wire?  He said no, that’s not what cleared Cooley either.  Robert Woody’s interview on 3/1/2014?  He said not entirely, no.  Robert Woody said he had information from the streets on the body wire?  He said yeah, that’s what it says on the body wire.

Attorney Hans started direct.  Hans Hjertonsson had inquired about something said earlier and they were having trouble with the real-time, having trouble pulling it up.  They went up and looked at the computer on the Judge’s bench and they were still having trouble figuring out what was going on.

Attorney Hans asked him, Marlisa Ferreira asked him if Mike Cooley was ever a suspect and would he be a suspect at anytime?  Kirk Bunch said he wasn’t for very long.  He immediately discounted MIke Cooley as a suspect.  It had something to do with information from Dave Shaw and the way Cooley talked. Then when they had the body wire on 2/28/2014, that absolutely cleared Cooley.   On the body wire, Robert Woody said Korey Kauffman was fed to the pigs, Charlie O’Dell said he picked up Mike Cooley in Escalon with Keith Hobbs and Eula Keys and Mike Cooley had made a comment that he’d gotten rid of somebody up in the mountains.  Mike Cooley also made a comment, he’d been to a hog farm.

Marlisa Ferreira went back on cross. In regard to the body wire that Miranda Dykes wore, she had asked where they’d find the body and Robert Woody said they wouldn’t, the pigs would eat it all and tear the body to pieces.  Robert Woody also said Kauffman got shot and stabbed and told Miranda Dykes that kid had jumped the fence and that was the last jump he was going to make. Miranda Dykes asked him, why would he jump the fence and Woody said to rip a guy off for scrap aluminum and pipe and so on.  Robert Woody said they were stealing from a lawyer, the lawyer didn’t want to be ripped off anymore. He said the lawyer would represent him and bail him out. 

At this point, Judge Zuniga wanted to see the body wire transcript.  There was a long sidebar when she asked that.  There were objections about what was actually on the transcript.  It sounded to me like they had different transcripts, possibly draft versions.

Kirk Bunch said he had received information that was given by Charlie O’Dell in regards to the Escalon trip and apparently there was something he’d said to his wife.  There were major objections to that and it was all hearsay and not allowed.  Marlisa Ferreira said she had no more questions.

Kirk Bunch started to step down and she said by the way I do have another question.  The Judge initially said no more questions and then Marlisa Ferreira said I need to ask this and the Judge called a sidebar. After they came back she got Kirk Bunch to say all evidence had been reviewed that suggested Mike Cooley was the killer.  Objection.  Another sidebar.  She asked him if Mike Cooley was cooperative the entire time and Mike Cooley had reported Korey Kauffman missing to Dave Shaw.  That was where Marlisa Ferreira left off.

I noticed the jurors writing many notes during this time.  Percy Martinez asked Kirk Bunch if Dave Shaw gave him Mike Cooley’s phone number to him. He called him 2-3 days later. He did not speak to Cooley on 4/4/12, even though that is what he wrote on his report.  Apparently, he also noted in his report that Frank Carson had a motive, because he was the one who lived at the property. He didn’t recall when he wrote that down in his notes or report.  He said when he left the phone messages, it seemed Mike Cooley was avoiding him previously.  Mike Cooley said he was never mad at Korey Kauffman or was concerned that he was sleeping with Eula Keys.  Charlie O’Dell interview was in 2013 or 2014, he doesn’t have the reports in front of him, but he’s not sure of the dates as he sits here. No further questions.

Marlisa Ferreira on re-re-re-re-re-cross. She asked Kirk Bunch when he wrote Frank Carson’s motive, if it was after 4/2/2012, Dave Shaw call?  The information given was Frank Carson had been at Mike Cooley’s house and made threats a number of times. 

Percy Martinez on re-re-re-re-re-re-direct. Mike Cooley had told him it was actually Frank Carson’s brother and believe that for some period of time.  At least until 4/28/2012, he had been saying it was Frank Carson’s brother, not Frank Carson himself.  He read his report dated 4/4/12 and he said that is actually bad information because it has the wrong date on it.  In that report it said it had information it was a family member of Frank Carson that was making the threats.  Mike Cooley on 4/28/12 was still saying it was a family member, thinking it was Frank Carson’s brother. No further questions.

Marlisa Ferreira on re-re-re-re-re-re-re-re-cross. He had wrote Frank Carson had motive due to his reports that he had made of the thefts and Kirk Bunch had confirmed who owned the property.  There were reports on the thefts and the association of Mike Cooley in those thefts, people coming from Mike Cooley property. Carson’s and Cooley’s property were back to back. He did not write it in the report, he said, prior to the thefts from the family.  They’re claiming there were thefts after the disappearance.  He just changed some of the information that was brought out in testimony by Marlisa Ferreira.  Mike Cooley told him there were three people walking the property.  Objection: out of scope.  Mike Cooley had given him information that Korey Kauffman had gone over the fence. Objection: beyond the scope.  When he talked to Mike Cooley on 4/28/12, he showed a picture of Frank Carson to Mike Cooley.

Percy Martinez went on re-re-re-re-re-re-re-direct and talked about the Dave Shaw information. Because of the information they got from Dave Shaw they checked the reports of the incidents between the Cooley and Carson property. He said there were four reports.  The first one was in 2011, another one 10 days later, another one who involved Noel Vento (who did a search), there was another one that he couldn’t remember off the top of his head and then the one of Frank Carson sitting in his car by Al’s Transmission.  There were no other instances he was aware of.

Marlisa Ferreira got in a zone and started asking about 1/8/12 incident where something was mentioned about somebody getting cut – I didn’t quite get the question, it got objected to very quickly.  She asked the question in a little different way and Judge Zuniga told her she needs to move on.  She says this is all I’ve got and Judge Zuniga Tartly said “then you’re done.” 

At this point the defense rested their case.  Marlisa Ferreira is starting her rebuttal.

Marlisa Ferreira called to the stand Shawn Cook.  He is a DMV investigator and he is the guardian of the records and he worked for Dept. of Motor Vehicles. He is a police officer with Motor Vehicles. He has been an investigator since 2005.  Had previous law enforcement experience with corrections prior to that. He was requested to do a DMV audit on 4/18/2019 and that request came from Kirk Bunch. This is in regards to Walter Wells Sr. vehicles that were moved off the property, that we heard testimony from the other day.  These were documents of salvage vehicles, they are saying these are the vehicles on the property. He said the records that he has are “real time events”.  These are historical events, they are 7 years old.  They are transfer of ownership of Walter Wells Sr. vehicles and there were no other status changes after March of 2012.  Typically, it just shows the make of the vehicle and that is about all the information that is on there, but there was one that was a Chevy pickup that was junked in April of 2012.  There was no other changes made after 4/13/2012 on these documents.  It does not give him, who? What? Where? Any of the information, or where they even salvaged at.  It is just a document of ownership. He said there was no July information that was entered into Motor Vehicles in regards to any vehicles taken off the property.

Why is she asking this? She is really hot and bothered by Lt. Commander Patrick Emery who testified recently.  She’s trying to impeach him.  I don’t think she’s going to be able to do it, but she keeps talking about this a lot.  It seems like it is an obsession with her.  That is all the questions she had.

Jai Gohel went into cross exam on Mr. Shawn Cook (I don’t want to confuse him with any other Cooks) and asked about a Chevy Camaro? He said I don’t know, I have that it is a Chevy, but I don’t know if it is a Camaro.  He said after 3/26/2012, there was only one vehicle and that did say it was a pickup truck.

The Jury was sent out for a break. When we came back from break.  That was all the questions Jai Gohel had.

Marlisa Ferreira asked Shawn Cook if the Chevy Camaro came up in the documents?  He again said in 2012 the only vehicle was a pickup.  No further questions.  At this point no one had any further questions. Shawn Cook was done.

Alice Mims was called to the stand.  She is the Stanislaus County Counsel.  She is here in regards to the altercation between Frank Carson and Steve Jacobson. It was 2010 after a bond motion in Dept. 10.  AJ Bail Bonds was involved. Steve Jacobson was present for some reason.  It was a motion brought by AJ and Mark Davis had filed this motion.  The motion ended up being continued.  Frank Carson was in the courtroom that day and during the break, he had moved up to the counsel table to make a special appearance for Mark Davis and the bail bondsman.  It was continued. After the hearing they all went outside. Ms. Mims and Brad Nix were talking outside in the hallway. The group of people with AJ, Mark Davis and Frank Carson had gone outside also.  They were out there about 15 seconds and she said she saw a flash. She turned her back to it and didn’t seem like it was a big deal to her, but said she didn’t want her picture taken. Then she had looked back over and saw that Frank Carson was standing very close to Steve Jacobson. I thought it was interesting the way she said that. Because Steve Jacobson’s testimony was that he approached Frank Carson.  She said Frank Carson was standing close to Jacobson.  There was a little bit of some type of ruckus, but Frank Carson was yelling that Steve Jacobson should be disarmed and taken into custody because of an assault. She said Frank Carson was yelling, his voice was very loud and he also told Jacobson he needed to step back. She said Steve Jacobson had an extremely calm voice during this thing.  There was about 12 ft.  between her and the group.  Steve Jacobson was surrounded by the people in this group. Brad Nix had gone to grab a bailiff and she described AJ as a very buff guy, kind of short with no hair.  She said she couldn’t get by the group to exit.  They were in a corner of the hallway.  There was a plainclothes officer that was in Dept 10 and Brad Nix got him and he came out. Frank Carson was still yelling he wanted Jacobson taken into custody and AJ was making comments, like really good county representation, Ms. Mims.  She said she was scared and at one time someone had used the vagina term to describe her. Frank Carson continued to insist that Jacobson was under arrest and he was asking that Steve Jacobson be disarmed.  Steve Jacobson kept insisting to Frank Carson that he can not be arrested. Frank Carson kept advising him yes you can.  Carson was talking to Deputies, wanting them to take Jacobson into custody and disarm him.  In fact, Steve Jacobson was loosely detained by deputies who had responded. She was not sure what Frank Carson had done after that.  She had talked to deputies in the hallway, later on after things had calmed down. There was an unknown deputy in the hall who had come up after they called for help.  The first deputy, she couldn’t recall his name, but the second deputy was Al Lopez. She did not talk about what had happened to Deputy Lopez. She was escorted by the bailiffs back to her office. Deputy Lopez followed her upstairs to her office.  She said the people in that group had blocked the exit and they were saying “nasties” to her.  She said Steve Jacobson was not acting in an angry manner in any way, shape or form. 

Jai Gohel started cross on Ms. Mims.  Asked her about coming out of the courtroom with Brad Nix? She was not aware where Steve Jacobson was at that time. She saw the flash and she didn’t hear anything prior to the flash.  Again she is saying unknown where Steve Jacobson was.  She didn’t see the group prior to the flash.  The first thing that drew attention to the group was that flash and she had turned away not wanting her picture to be taken and then she heard Frank Carson yelling.  She said Steve Jacobson had asked why are you taking pictures of the County Counsel.  Ms. Mims did give a statement to Deputy Schwartz that same day, she told the Deputy that Frank Carson was taking pictures of Steve Jacobson, not that he was taking pictures of her.  She was having trouble remembering, it was 9 years ago.  She has an incredible memory until Jai Gohel asked a couple of questions. Even after reading the transcript it didn’t refresh her memory about picture being taken of Steve Jacobson. 

That is where we stopped. The Jury was sent out at 4:10PM.  Back at 9AM tomorrow.  I think we are on a good pace to get things finished up.  Marlisa Ferreira has witnesses lined up and Gary Harmer is supposed to come in tomorrow morning and talked about the 22 caliber bullet that doesn’t have Mike Cooley’s DNA, which makes him innocent, I guess. But it doesn’t have any of the defendants DNA either, so I guess that makes them all innocent too.

A few people showed up in court today.  It was good to see.  Seriously folks, don’t take my word for it, come and find out for yourself. You have to see it to believe some of this stuff that is going on.

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