FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

ENTIRE DAY OF CLOSING ARGUMENTS 06/15/2019

WEEK 53, DAY 182

BY WILLIAM THOMAS JENSEN (TOM)

MARLISA PUTS EVERYONE TO SLEEP

We have finally gotten to closing arguments. Marlisa Ferreira, to a packed courtroom in the morning, began her closing arguments. I have been told that she has been given 1 ½ days to present her closing arguments. From what I saw today, she will not be anywhere near done with her closing arguments by the Noontime break on Tuesday. She spent the entire day going over the testimony of less than 20 witnesses. That means she has over 110 witnesses to go. The witnesses that she started out with were witnesses that only provided small snippets of evidence pertinent to this case. At times Marlisa was just reading from the transcripts. It was boring, and she focused on some details that seemed to be totally irrelevant to the verdict that she desires. It seemed to me like a condensed version of her never ending Case in Chief. Loads of quantity, with very little substance. She continues to try to read things into the testimony that are not supported by the evidence. I witnesses the jury not taking notes, and looking to be as bored as I was the entire day. This is the most important case of her life, and I see her as striking out miserably. She looked to be exhausted this morning. This trial has put a strain on everyone involved, but she shows the wear more than most of us.

Court began this morning at 9:02AM with Judge Zuniga dealing with some records. She tells Marlisa Ferreira that she needs to redact the date of birth of someone who the records concerned. I note that Modesto Bee reporter Rosalio Ahumada was in the courtroom. It has been a long time since he has been in the courtroom. The Modesto Bee has really missed one of the biggest stories that has ever happened in Stanislaus County. I anticipate that much of his article concerning today will be cut and pasted from the few articles that he has previously written. I subscribe to the Modesto Bee. I do so because I need something to read while eliminating my waste, and I prefer to start my BBQ without using charcoal lighter. The People enter the People’s 766 into evidence, and officially rest their case. At 9:10AM, Judge Zuniga instructs the bailiff to call for the jury. When they have entered the courtroom, Judge Zuniga instructs the jury that they have heard all the evidence. She tells the jury that closing arguments are not to be considered as evidence. She instructs the jury to disregard any misleading evidence.

Marlisa Ferreira now begins her closing arguments. She tells the jury that this has been a long road. That is really an understatement. She thanks the jury for their dedication, and calls it unprecedented. She now tells her story how on 03/30/2012 Korey Kauffman rode his bicycle to Michael Cooley’s house. She describes how he looked through the back fence and saw some irrigation pipes that were stacked up. She describes how Korey Kauffman told Michael and Ricky Cooley that he was going to go over the fence to steal the irrigation pipes. She describes how Korey Kauffman then left the Cooley house, and came back around 11:00PM to 11:30PM. She states that he left the Cooley house a short time later, and was never seen again. Marlisa Ferreira speaks about Frank Carson as being a man who has sworn to uphold the law, but broke the law. She states that all the witnesses she has called have provided small pieces of the puzzle, but how they are integral to solving the puzzle.

Marlisa Ferreira now goes into the charges against Frank Carson, Baljit Athwal, and Daljit Atwal. Count one is the murder of Korey Kauffman. Count two is conspiracy to obstruct justice. She states that count one is murder in the first degree 187A, and it applies to all three defendants. She states that there exists malice of forethought. She speaks about how there is two types of malice of forethought. She speaks about expressed malice of forethought, and implied malice of forethought. She states that either one of these is sufficient to find guilt for this charge. Marlisa now speaks about aiding and abetting. She states that Frank Carson may not have been on the property during the crime, but is just as guilty as the Athwal brothers because he aided and abetted. She now speaks about Count Two, the obstruction of justice charge. She states that this charge applies to all three defendants. Marlisa Ferreira now goes through the eight overt acts that would constitute obstruction of justice. Overt act one concerns Baljit Athwal’s truck being reported as being stolen, and being burned. Overt act two concerns Frank Carson encouraging law suits to be filed against the various organizations and investigators involved with this case. Overt act three involves Frank Carson encouraging threats against people who were involved in this case. Overt act four involves the Athwal brothers, and Walter Wells engaging in deceitful acts by possessing Korey Kauffman’s cell phone after he had been killed. Overt act five involves the Athwal brothers paying Robert Woody $4000.00 to leave the area and go to Washington State. Overt act six involves the Athwal brothers paying $7000.00 for Robert Woody to get dental work. Overt act 7 involves making an agreement with Robert Woody to bail him out of jail. Overt act 8 involves Baljit Athwal and Robert Woody concealing and hiding the body of Korey Kauffman. Marlisa Ferreira states that the defendants only need to be found guilty of one of these overt acts to be found guilty of obstruction of justice. She states that an overt act is done to accomplish an agreed upon crime.

Marlisa Ferreira now goes into what she calls the facts. She states that Frank Carson owns property at 838 Ninth Street in Turlock. She states that Frank Carson keeps storage containers on his property where he kept antiques and collectables. She states that Frank Carson became so angry about thefts from these containers that it resulted in the killing of Korey Kauffman. She states that there was motive, but that she does not have to prove motive. She states that Frank Carson had actions that pre-dated the killing of Korey Kauffman. She states that one man’s junk is another man’s treasure. She speaks about multiple ongoing incidents that occurred between 2003-2012 that resulted in Frank Carson becoming madder and madder. She speaks about the testimony of the Dixons, and Leonard Hall, and how Officer Noel Vento responded to theft complaints on 02/06/2011. She speaks about an argument that occurred between Frank Carson and his neighbors on 02/23/2011 where the Turlock Police Department responded. She speaks about testimony that showed that Frank Carson was doing surveillance on the Cooley property on 01/02/2012, and how Officer Ken Briggs had responded.

Marlisa speaks about the Dixons, and how they own their own business close to the Carson property. She speaks about a disturbance at their business on 12/06/2003 where Frank Carson went into their business yelling and threatening, and how the Dixons had asked him to leave. She speaks about how Frank Carson refused to leave the business, and how 911 was called. She speaks about how Frank Carson had threatened the Dixon’s daughter, and had told her he would have her kids removed from her custody. Marlisa calls this bullying. She states that the Dixons had testified that Frank Carson was irate and disheveled. She states that Frank Carson had told them: “I’m going to take measures.” Marisa states that this is insight into the mindset of Frank Carson. Frank Carson was concerned that the daughter had been stealing items from his property.

Marlisa Ferreira now speaks about the testimony of Leonard Hall, who in 2005 was the husband of Frank Carson’s niece. She states that he lived in a rental that was owned by Frank Carson, and had fallen behind on his rent. Marlisa states that Leonard Hall had boxes of old books in boxes that were stored in his carport that had sustained some water damage. She states that Leonard Hall had taken these books to Yesterday’s Books on McHenry Ave and sold them. She states that Leonard Hall was under the impression that he had permission to sell the books. Marlisa Ferreira states that Frank Carson kicked in the front door, and kicked in the bathroom door when he confronted him about the books being sold. She states that this is to show insight into Frank Carson’s state of mind. She states that this incident applies only to Frank Carson, and not to the Athwal brothers. Marlisa Ferreira states that Frank Carson told Leonard Hall if he ever saw him again, that would be the last time anyone would see him. Marlisa calls this expressed malice. She states that Georgia DeFelippo was present during this confrontation, and was blocking the door. Marlisa Ferreira states that the Hall’s never came back to the rental to pick up their belongings, and were eventually arrested for the stolen books. She states that after their legal issues were resolved, they left for Texas. Marlisa Ferreira states that Leonard Hall testified in 2018 that he is still scared of Frank Carson. She states that Frank Carson threatened Heather Hall.

Marlisa Ferreira speaks about witnesses that concerned the time period between 2011 and 2012. She speaks about Korey Kauffman’s father Tony Kauffman. She speaks about how Korey Kauffman had been born on 07/10/1985, and had lived with his father between 1993 and 2000. She states that Korey Kauffman had worked for his father, and had quit his job in mid- 2011 because of transportation issues. Marlisa states that Korey Kauffman moved in with Kevin Pickett in 2011. Marlisa states that Korey Kauffman would go on vacations with his father to Maui, and he kept in regular touch with his father. She states that Tony Kauffman was upset about Korey Kauffman’s drug use, and he stopped seeing his father as much after that. She states that Korey Kauffman’s appearance changed around January of 2012. She states that he became skinny, and had sunken eyes. She speaks about his use of crank (methamphetamine.) She states that Korey Kauffman was no longer using his truck, and was using a bicycle for transportation. Marlisa Ferreira states that Tony Kauffman got a call around April 01, 2012 informing him that his son was missing. She states that Tony Kauffman was in Washington State at the time attending to his business involving the unloading of trucks. She states that Tony Kauffman had no contact with Korey Kauffman in March of 2012. Marlisa Ferreira states that Tony Kauffman had contact with Scott McFarlane after his son went missing. She states that Tony Kauffman tried to call Korey Kauffman on his cell phone, and went directly to voice mail. She states that Tony Kauffman said that Korey Kauffman had never been to Mariposa. She states that Tony Kauffman knew that Korey Kauffman had gone to Pop N Cork Liquors. Marlisa Ferreira speaks about a severe hand injury that was sustained by Korey Kauffman in November of 2011 that resulted from a grinder wheel exploding while he was using it. She speaks about how Korey Kauffman had helped to remove a tree, and how this counters the defense argument that he was unable to do much because of the injury. She states that the injury did not affect his ability to steal irrigation pipes. She speaks about how Kevin Pickett reported Korey Kauffman being missing on 04/02/2012.

Marlisa Ferreira now speaks about text messages from Christina DeFelippo to her mother Georgia DeFelippo that were found copied on Christina’s computer. They involved conversations that showed that motion detectors were beeping on the Carson property, and how Frank Carson had wanted to be contacted when they went off. One of the text messages concerned Ryan Schmidt finding a hole in the fence, and a beaten path between the Cooley property and the Carson property. One of the texts concerned the storage container locks being cut off, and how the doors were open.

Marlisa goes into the testimony of Charlie O’Dell, but only the parts that involve his witnessing incidents concerning the Cooley property where Frank Carson was allegedly involved. She did not go into Charlie O’Dell testimony where he said he picked up a muddy Michael Cooley, Eula Keyes, and Keith Hobbs in Escalon after their car broke down. Charlie O’Dell testified that he was told by Michael Cooley that he had just gotten rid of someone in the mountains who owed him around $10,000. For further details on Charlie O’Dell’s testimony, please feel free to read what we wrote on Dawgsblog. I do not want to write this stuff all over again tonight.

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p style=”text-align: justify”>Marlisa now goes into the testimony of Amber Kiester, Justin Reedy, Sabrina Romero, Linda Sue Burns, Steve Duden, John and Alli Hodson, Officer Lee Medlin, Officer Noel Vento, Eduard Regua, Ricky Cooley, Ronald Cooper, Michael Maunakea, Linda Maunakea, and Patrick Hampton. Even Judge Zuniga has stated that she has disregarded all of his testimony because she found Hampton not to be credible. You can find the detailed testimony of all these witnesses on Dawgsblog. Most of these witnesses were thoroughly impeached by the defense. Most of these witnesses had their legal problems magically go away in exchange for their testimony. Nearly all of the witnesses, except for the police officers were convicted felons with multiple drug addictions. Some of the witnesses were murderers themselves. Marlisa Ferreira spoke about how their testimony had been corroborated by the testimony of others. The problem is that most of the corroborating witnesses also were convicted felons who were drug addicts who had received benefits for their testimony. Marlisa Ferreira states that Michael Cooley had no motive to kill Korey Kauffman. I think Charlie O’Dell had a lot to say about Michael Cooley’s motive to kill Korey Kauffman. It seems as though it was all about $10,000 that Korey Kauffman owed to him. Why would Michael Cooley, a heroin addict, bury Korey Kauffman’s bicycle in his back yard rather than scrapping it for his next fix? Michael Maunakea was like a joke on the stand, and was thoroughly impeached by the defense. He testified that he was beaten and threatened by several Turlock Police Officers, and other crazy things that were countered by the officer’s testimony. It appears that he testified to get his son out of trouble with the law. Marlisa Ferreira has a “Long way to go, and a short time to get there” with her closing arguments. I don’t see any way she can finish her closing arguments by Noontime Tuesday. Will Judge Zuniga hold her to the imposed deadline? Only the Shadow knows.

Sincerely; William Thomas Jensen (Tom)

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