FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF TESTIMONY 06/05/2019
WEEK 52, DAY 177
BY WILLIAM THOMAS JENSEN (TOM)
ANOTHER GREAT DAY
THE DEFENSE RESTS THEIR CASE
Today was another great day for the defense. The defense was able to call and complete the testimony of six witnesses today, and rested their case just before 3:00PM. This is in stark contrast to the snail’s pace that Marlisa Ferreira took with her Case in Chief, which took over a year to present. One of the defense witnesses, Kimberly Stout, gave some game changing testimony concerning Michael Cooley that reinforces what the defense has contended all along about him. Marlisa Ferreira was very disruptive today, and repeatedly kept speaking after objections were made. She was warned repeatedly by Judge Zuniga about her actions, but she kept doing the same thing all day long. She would be told that she couldn’t get into certain questions, and would ask the questions anyway. She did this repeatedly, and angered Judge Zuniga repeatedly. I think she is getting desperate. It would be so much easier for her if she just gave up. This case for her is lost. I fully intend to write a much shorter blog tonight, so that I can catch up on my sleep. I was up till 1:00AM last night, and I am running on fumes. Every time I say this, I end up writing 4000 words. I just can’t do that to myself again tonight.
As I was walking up to the courtroom this morning, I could see Frank Carson walking up the courtroom steps. God bless Frank Carson. He should be home resting, but insists on being in court almost every day. He was in court the entire day today. I pray for God to protect and heal him. He is such a fine man. It is beyond belief that he has been forced to endure this travesty of justice. A jury of 12 people will soon set him free from this Hell. Somehow we need to find a way to make sure this never happens to anyone ever again in Stanislaus County.
At 9:13AM, Judge Zuniga announces that she has looked over the testimony of Michael Cooley. She states that Michael Cooley admitted that he had possessed knives several times during his testimony. Judge Zuniga states that he denied telling Officer Ed Meraz that the knives were his. Officer Meraz was involved in a search warrant that had been served on Michael Cooley’s residence on 01/13/2013 when drugs, knives, and ammunition were found. Hans Hjertonsson states that he dropped off a flash drive that contains the transcripts of Robert Woody. I believe that the judge had requested these transcripts from Hans. Judge Zuniga states that she is starting to read about the issue concerning the CODIS. She states that Gary Harner could not send out the DNA results to CODIS himself without the approval of the DA’s Office. She states that one of the samples had sufficient markers to have been sent in to CODIS to see if there was a match with someone who had their DNA stored in the CODIS files. It is like the DA’s Office did not want to know if the DNA matched someone else. They were firmly focused on trying to hang this murder on Frank Carson, and they did not care if they had to take other people down to do so. Judge Zuniga: “Do you want to ask him about CODIS? Marlisa Ferreira: “Yes.” Judge Zuniga: “I need to read more on that.” Hans Hjertonsson states that the court’s ruling clearly excludes CODIS. Judge Zuniga: “I get that.” Judge Zuniga: “I got it.” It is now 9:26AM, and Judge Zuniga calls for the jury to be brought up to the courtroom. As the jury marches into the courtroom, I seen Kirk Bunch and Marlisa Ferreira giving the jury that creepy fake smile again. I couldn’t trust either one of these two with anything knowing what I know. These people are not what they want other people to think they are. I think they are pathetic. Judge Zuniga tells the jury that she has the letters for them for their employers. Could you imagine having to pay your employee to not be at work for over a year? Judge Zuniga says the letters tell the employers that the court will have the case to the jurors no later than June 19, 2019. I think the jury will not take very long to come to the conclusion that the defendants are not guilty of everything.
Percy Martinez calls Joe Lema to the stand. He is the cousin of David McMillan who went with his wife and David McMillan to the mountains near Mariposa where the body of Korey Kauffman was found. He testifies that he saw flags around the area where Korey Kauffman’s body had been found. He states that he has hunted this area numerous times since he was a child. He states that the flags were located in a gulch that was on the right side of the one lane dirt/gravel road he had driven down. He testifies that he did not hunt this area in 2011, but went camping there in 2012. He states he went to the area in 2013. He states that he did not see what is called the grave site. He testifies that he saw what he remembers to be yellow flags. He states that his wife was with him on that trip, and they had driven up in David McMillan’s pickup truck. He states he walked down the gulch, and saw the game cam. Joe Lema states that he and his wife lived in Denair, and David McMillan lived in Denair also. Percy Martinez has no further questions.
Marlisa Ferreira has Joe lema testify that it took him 1 ½ to 2 hours to drive from Turlock to the spot where the body of Korey Kauffman had been found. He testifies that the main dirt road that goes to the grave site is called Briceburg Road. He testifies that his family has history in the area, and there is an old family cabin up on soapstone ridge. He testifies that he did not see any body at the site. He states that he was not hunting at the time. He testifies that deer season starts the second weekend in September. He states that he saw several other people who were running their dogs in the area, and said hello to them. He testifies that David McMillan told him that the body of Korey Kauffman had been found there where the game cam was seen. He testifies that he did not tell anyone in Turlock about what he had been told about by David McMillan. Marlisa Ferreira has no further questions.
Percy Martinez gets Joe Lema to testify that he has hunted that area since he was 13 years old, but had not hunted exactly in that same spot where the body had been found. He states that he has been up there almost every year since he was 13, and he is 44 years old now. He testifies that he always sees hunters up there when he goes to the area. Joe Lema is allowed to step down, and is excused from further testimony.
Percy Martinez now calls Cathy Lema to the stand. She is the wife of Joe Lema. She testifies that she went up with her husband and David McMillan in 2013. She could not remember which vehicle they drove up in. She states she saw the flags and the game cam. She testifies that she stayed up by the road, and her husband and David McMillan walked down into the gulch. She states that she was told about the camera by David McMillan, and then says she really does not remember if she was told about the camera by David McMillan. She testifies that she and her husband live in Denair. She testifies that she frequently goes to Trulock. Percy Martinez has no further questions. Hans Hjertonsson gets her to admit she had told the investigators that she had said she wanted to see the game cam. She states that she and her husband are gold miners in that area. She testifies that she heard the name of Korey Kauffman mentioned, and she knows that his body was found up in that area. She states that her brother in law is related to Korey Kauffman. Hans Hjertonsson has no further questions.
Marlisa Ferreira asks Cathy Lema if she knows Robert Woody. Cathy Lema asks Marlisa if she has a picture of him. She now says that she does not know Robert Woody. She states that she had never heard the name of Michael Cooley. She testifies that she did not talk to anyone in Turlock about what she had seen or was told. She states that she had camped with her husband at the turn around near to where the body was found. She states that David McMillan had pointed out the place where the body of Korey Kauffman had been found. She states that she is a relative of Korey Kauffman. Marlisa Ferreira has no further questions. Jai Gohel gets Cathy Lema to state that they had been going up there for years, and they were gold miners. She states that they would always see hunters in the area. Cathy Lema is excused from further testimony.
It is now 9:56AM, and Percy Martinez calls Rosa Ishoo to the stand. She is the ex wife of David McMillan. She states that she talked to him in 2013 about what had been seen in the mountains near Mariposa. She states that she and David McMillan divorced in 1997. Percy Martinez has no further questions.
Marlisa Ferreira gets Rosa Ishoo to testify that she did not see any body or clothing at the site. Hans Hjertonsson gets Rosa Ishoo to state that she did not talk very often to David McMillan in 2013. She states that a detective came by her home, and that the same detective went to David McMillan’s home. She states that the detective had also called her back. Rosa Ishoo is excused from further testimony.
It is now 10:00AM, and Percy Martinez calls Kimberly Stout to the stand. She is dressed more conservatively today, and does not give me the same impression that she is a “Lady of the street.” She testifies that she recalls the interview she had with Kirk Bunch in November of 2014. Percy tries to ask her what she had been told by Eula Keyes, and Marlisa Ferreira immediately objects. This ends up in a side bar. After the side bar, she testifies that she had a conversation with Eula Keyes before Korey Kauffman had gone missing. She states that Eula Keyes had gone to see her at the Mulberry Mobile Home Park where she lived before Korey Kauffman had gone missing. She tries to say something else to a question, and we have another side bar. It is obvious to me that Marlisa Ferreira is desperately trying to keep her from testifying about something. She tries to say something once again, and there is an immediate objection, and Judge Zuniga sends the jury outside. Judge Zuniga asks Marlisa Ferreira what her objection is, and Marlisa states that she is objecting because it is hearsay. Judge Zuniga states that Kim Stout has said that Eula Keyes had told her that Michael Cooley was mad at Korey Kauffman, and this is proper impeachment. BAM FOLKS. The jury is brought back into the courtroom, and Marlisa Ferreira and Kirk Bunch give them that creepy fake smile once again. It really makes me want to puke. Percy asks Kimberly Stout if Eula Keyes had told her why Michael Cooley was mad at Korey Kauffman. She states that Michael Cooley was thinking that Eula Keyes and Korey Kauffman were sleeping together. A full body condom would not be enough in my opinion. Percy Martinez has no further questions.
Hans Hjertonsson gets Kimberly Stout to once again state that this conversation with Eula Keyes happened before Korey Kauffman had gone missing. Hans Hjertonsson gets Kimberly Stout to state that Eula Keyes had told her that Micheal Cooley was going to set up Korey Kauffman. BAM FOLKS. Hans Hjertonsson gets Kimberly Stout to testify that she had spoken to Kirk Bunch on 03/11/2014 and was truthful with him during the interview. Hans Hjertonsson: “Did you tell Kirk Bunch that you were told by Eula Keyes that Michael Cooley was setting up Korey Kauffman?” Kimberly Stout: “Yes.” It seems to me that Kirk Bunch did not want to hear something that would show that Michael Cooley had the motive and intent to kill Korey Kauffman. Hans Hjertonsson shows how Kimberly Stout had told Kirk Bunch “I hope Korey Kauffman is alright because Mike is mad at him.” Hans Hjertonsson brings out that this was said a couple of days before Korey Kauffman had gone missing, and Kevin Pickett had gone looking for him.
Marlisa Ferreira tries to show that there was a large age difference between Korey Kauffman and Eula Keyes. It seemed to work out to around 16 years. I guess Korey Kauffman might have liked Coyotes. Nasty. Marlisa Ferreira starts asking very leading questions concerning Kimberly Stout seeing the infamous black BMW. Her questions are objected to for being out of scope, but Judge Zuniga lets her ask them anyway. Marlisa Ferreira now asks Kimberly Stout if she was told by Eula Keyes how Michael Cooley was going to set up Michael Coley. Kimberly Stout: “No.” She states she has no doubt that she saw Robert Woody in the black BMW.
Percy Martinez gets Kimberly Stout to testify that she is certain that neither one of the Athwal brothers were in the car with Robert Woody, and she had told Kirk Bunch about that. Kimberly Stout states that she had told Korey Kauffman that Michael Cooley was mad at him. She does not remember if she told Kirk Bunch about that. Marlisa Ferreira gets Kimberly Stout to state that she told Kirk Bunch that Michael Cooley was mad because Korey Kauffman had stolen property from the Carson property that he wanted for himself. Percy Martinez has Kimberly Stout to say that this was said to her after the black BMW drove off. Kimberly Stout is now allowed to step down.
It is now 11:05AM, and Percy Martinez calls Officer Ed Meraz to the stand. He was present during the search warrant that was served on the home of Michael Cooley and Eula Keyes on 01/13/2013. After being refreshed, he testifies that Michael Cooley had said that the knives that were found were his knives. He testifies that there were 13 knives found of various kinds. One was a machete. He testifies that knife sharpening tools were found. He testifies that some of the knives had electrical tape wrapped around the handles. Percy has no further questions. Marlisa Ferreira gets Officer Meraz to testify that the knives were scattered around the bedroom. Officer Meraz once again testifies that Michael Cooley said that the knives were his knives. Officer Meraz is excused from further testimony.
It is now 11:12AM, and Percy Martinez recalls Kirk Bunch to the stand. Kirk Bunch was what I call a “Dick” on the stand. His attitude is very confrontational, and I don’t think he comes off very well with the jury. If Percy does not ask a question exactly like Kirk Bunch wants, he does not give an answer. Bunch testifies that he interviewed Kimberly Stout. Bunch denies that Kimberly Stout told him that she had warned Korey Kauffman. Bunch states that he had the knives that were found taken for evidence by Detective Frank Navarro. He states that the knives were described as being dangerous. He states that he instructed Frank Navarro to hold on to the knives as evidence. We have another side bar. Bunch states that he told Navarro that the knives were important because the body of Korey Kauffman had not yet been found. He states that he told Navarro that the knives could be related to the Korey Kauffman case. He states that he did not know if the knives were related to the death of Korey Kauffman. Kirk Bunch denies that he knew about the slashes in the armpit of the Carhart jacket that was found with the body of Korey Kauffman. To me, this has to be a lie. Kirk Bunch had to know about this fact. He denies that he eventually learned about the slashes in the armpits of the Carhart jacket. Once again, I feel that this is a lie. Kirk Bunch states that the jacket was sent out for further testing. He denies that he got the results of this testing. I feel that this is another lie. Kirk Bunch states that he did not test the knives for anything. I guess he did not want to know. Percy has no further questions.
Hans Hjertonsson gets Kirk Bunch to state that the jacket was sent to Sacramento for testing. Hans gets Bunch to state that the female technician (Faye Springer) that did the analysis sent a report. Kirk Bunch denies that he read the report. Once again, I feel that this is a lie. Bunch denies that the results of this testing was discussed in the frequent meetings that the investigators were having. Once again, I feel that this is a lie. Kirk Bunch states that he became aware of the report just before Faye Springer testified in court. Hans Hjertonsson has no further questions. Jai Gohel gets Bunch to admit that he was present when Faye Springer testified. The defense attorneys have no further questions.
Marlisa Ferreira now seems to go on a fishing expedition. Judge Zuniga allows her to ask many questions that are clearly out of scope. She gets Kirk Bunch to state that no guns were found in the search warrant of Michael Cooley. He states that no 22 caliber or 32 caliber ammunition was found. He states that he found no other evidence to corroborate that Michael Cooley was mad at Korey Kauffman. Bunch states that he had the knives that were found cross referenced to the Korey Kauffman case because he had not yet ruled out Michael Cooley. He states that he ruled out Michael Cooley after Robert Woody had been arrested. Bunch states that Detective Cory Brown took care of the evidence. He states that the knives were not tested because of the arrest of Robert Woody, and the Miranda Dykes body wire. Bunch has been on the stand for a long time now, and he is turning bright red. Judge Zuniga sends the jury out for lunch early at 11:32AM. Bunch is asked to step out of the courtroom. We go over some issues that concern objections that happened during his testimony.
At 1:42PM we start discussing Marlisa Ferreira’s rebuttal witnesses that she is going to call tomorrow. Judge Zungia wants the disgruntled tow truck driver to be called first because he has complained about his business grinding to a halt when he is forced to be in the courthouse. Marlisa Ferreira states that she will have Gary Harmer come in later to accommodate the tow truck driver. Judge Zuniga has the jury called up to the courtroom.
Kirk Bunch is put back on the stand, and Marlisa Ferreira goes into re-cross examination. Bunch once again states he eliminated Michael Cooley as a suspect when Robert Woody was arrested. Bunch states that he had other things that caused him to eliminate Michael Cooley as a suspect. He states that his first meeting with Michael Cooley, Michael Cooley’s demeanor, the interview of Robert Woody, the first time he spoke with Frank Carson, the wire taps, information from Kimberly Stout, Information provided by Ricky Cooley, Linda Sue Burns, Eula Keyes, text messages from Christina DeFelippo, and other things as being reasons why he eliminated Michael Cooley as a suspect. Bunch states that he found that Michael Cooley had no motive to kill Korey Kauffman. Evidence that has been presented in this trial proves that Michael Cooley had plenty of motive to kill Korey Kauffman. Marlisa Ferreira has no further questions.
Percy Martinez goes on re-re-direct examination of Kirk Bunch. Bunch denies that he had Michael Cooley as a suspect for two years. Bunch denies that Marlisa Ferreira had asked him if Robert Woody had told him that he had killed Korey Kauffman for Frank Carson. Bunch admits that Robert Woody had said in his interview that he had heard about Korey Kauffman on the streets. Percy has no further questions.
Hans Hjertonsson gets Bunch to state that he no longer considered Michael Cooley as a suspect after the long initial interview of Robert Woody. Hans points out that Robert Woody had told Bunch that he had fed Korey Kauffman to the pigs, and Charlie O’Dell had said the same thing about a person who had been fed to the pigs.
Marlisa Ferreira gets Bunch to state that Robert Woody had said on the body wire that the body was put where it would not be found, and was not put in one spot and was left on top of the ground. Marlisa gets Bunch to state that Robert Woody said on the body wire that Korey Kauffman was stabbed and shot, and also said that when he jumped over the fence that was his last jump. Marlisa points out that Robert Woody said that Korey Kauffman was killed because he was stealing from his lawyer, and the lawyer didn’t want him to be stealing from him. We have a side bar. During the body wire, Bunch states that Robert Woody states that he has his name, and other names as well. Bunch testifies that he reviewed the Escalon testimony of Charlie O’Dell. Marlisa tries to ask Bunch a question about what Charlie O’Dells wife had said. This gets objected to loudly, and the objection is sustained. Marlisa tries to ask this question several times. We have another side bar. Marlisa Ferreira seems to be having one of her hot flashes at this point. Marisa Ferreira gets Bunch to state that Michael Cooley was cooperative. He states that Michael Cooley reported the disappearance of Korey Kauffman to Detective David Shaw of the Turlock Police Department. Bunch states that he attempted to call Michael Cooley 2-3 days after he had spoken to Shaw, but did not speak to Michael Cooley. He states he wrote a report on 04/04/2012. He states that he determined that Frank Carson had a motive to kill Korey Kauffman. Bunch states that he had not spoken to Michael Cooley when he wrote his report. After being refreshed, Kirk Bunch states that he first met with Michael Cooley on 04/28/2012. Bunch denies that Michael Cooley said that he was mad at Korey Kauffman. Bunch denies that Michael Cooley suspected that Korey Kauffman was sleeping with Eula Keyes. Bunch was not sure if it was 2013 or 2014 when he spoke with Charlie O’Dell. Marlisa Ferreira has no further questions.
Percy Martinez gets Bunch to testify that Michael Cooley had told him that it was Frank Carson’s brother that had threatened him. Bunch has to admit that he knew when he wrote his report on 04/04/2012 that it was Frank Carson’s brother that had threatened Michael Cooley.
Marlisa Ferreira gets Bunch to state that there were police reports where Frank Carson was complaining about thefts. Percy Martinez brings up the date of 02/06/2011 as the first complaint that was filed. There was another complaint ten days later on 02/23/2011. Percy has no further questions. Marlisa Ferreira tries to ask a question about the locks being cut off from some storage containers. This gets shot down by Judge Zuniga. She tells Marlisa Ferreira: “You are done.” It is now 2:50PM, and the defense rests its case.
Marlisa Ferreira calls Sean Cook to the stand. He works for the Department of Motor Vehicles, and has worked for them since 2005. Marlisa was trying to impeach the testimony of Patrick Emery concerning the towing of an older Chevrolet Camaro. Sean Cook could not find any record of this vehicle, and could only find the records for a 1987 Chevrolet pickup truck. She did not get what she wanted, and had no further questions for Sean Cook. It is now 3:02PM, and we take a break until 3:30PM. It is announced that the jury should show up tomorrow morning at 9:00AM.
At 3:40PM, the jury is back in the courtroom. Marlisa Ferreira calls Alice Mimms to the stand. She is a Deputy District Attorney that works for Stanislaus County. She testifies about what she saw when Steve Jacobson assaulted Frank Carson after having his picture taken in the hallway in 2010. Frank Carson had taken a picture of Steve Jacobson, and he had swiped the camera out of Frank’s hands. Frank was making an appearance in the courtroom for AJ Pontillo. Alice Mimms was in the hallway after the case was continued, and was speaking to Brad Nix when she saw a flash. She testifies that she turned her head away from the flash. She makes it seem like Frank Carson was taking the picture of her. This is not the case at all. She testifies that she did not want her picture taken. Frank Carson was not taking a picture of her. She states that she heard Frank Carson tell Jacobson “You committed an assault.” He states that she observed Jacobson and Frank Carson standing about one foot from each other. She states that Frank Carson told Jacobson: “You are under arrest.” She states that Jacobson told Frank Carson: “You need to step back.” She states that she saw AJ Pontillo in the hallway along with Mark Davis, and 2-3 other men. Alice Mimms testifies that the men were surrounding Steve Jacobson. She describes AJ Pontillo as being heavily muscled, and short, with no hair. She states that she could not get by all these men. She states that Brad Nix stayed close to her, and a plain clothes policeman stood by her. She states that Frank Carson continued to yell at Jacobson. She states that someone went back into Department 10 and got the bailiff. She continued to hear Frank Carson say: “You are under arrest.” She states that Steve Jacobson was calm. She states that one of the Deputies put Steve Jacobson under arrest. Jai Gohel tells Alice Mimms that she spoke to Sheriff Luke Schwartz on the phone about the incident, and had told him that Frank Carson had taken a picture of Steve Jacobson. Alice Mimms did not remember saying this even after being refreshed. We are instructed to be back in the courtroom by 9:00AM tomorrow. I failed miserably in my attempt at getting to bed earlier tonight. I have been typing for 4 ½ hours, and it is now 11:30PM. I still need to clean up the kitchen, and take a bath. I will not be in the courtroom tomorrow until the afternoon. I need some sleep.
Sincerely; William Thomas Jensen (Tom)