FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF CLOSING ARGUMENTS 06/18/2019
WEEK 54, DAY 183
BY WILLIAM THOMAS JENSEN (TOM)
MARLISA FINISHES HER ARGUMENTS
Today, Marlisa Ferreira took the entire day to finish presenting her closing arguments. Judge Zuniga had given her 1 ½ days to finish her closing arguments, but relented and allowed her to take up the entire second day. I felt that she did a much better job today compared to her first day of closing arguments. She tried to put together all the tiny pieces of the puzzle that comprises her case against Frank Carson and the Athwal brothers. As a person who has sat through the majority of testimony in this case, I could see giant holes that the defense will be able to use to counter her arguments. If you had never been sitting in the courtroom until the last two days, you would undoubtedly feel that the defendants are guilty. After the three defense attorneys finish their closing arguments, I feel that the pendulum will once again swing back in their favor. A conviction in this case requires a verdict beyond a reasonable doubt. I feel that the jury will find much more than reasonable doubt with the evidence that has been presented during over a year of testimony.
We start out at 9:00AM before the jury is brought up to the courtroom. Marlisa Ferreira had intended on showing a slide concerning the testimony of Patrick Hampton. Judge Zuniga has ruled out his testimony because she did not find his testimony credible. Marlisa Ferreira agrees to remover the slide from her presentation. Jai Gohel now goes into some arguments about there being no proof that Baljit Atwal had been hired by Frank Carson to watch his property. He says that there would have to be proof that money had been paid by Frank Carson to his client for him to be considered hired. Marlisa Ferreira states that there is ample evidence. I think that Judge Zuniga agrees that there is ample evidence for a person to make the inference that Frank Carson had hired Baljit Atwal to spot check his property. Jai Gohel now argues about Marlisa Ferreira wanting more time to finish her closing arguments. He tells Judge Zuniga that she had given Marlisa a deadline, and should stick with it. He cites case law by speaking about the People vs Simon. Marlisa Ferreira states that she always had been saying it was going to take her two days to finish her closing arguments. She states that this is a huge case, and the prosecution has the burden of proof. Judge Zuniga changes the subject, and states that she is going to renumber the overt acts. At this time, I notice that the Modesto Bee reporter Rosalio Ahumada is in the courtroom. Judge Zuniga calls for the jury. At 9:47AM, the jury is brought into the courtroom, and is greeted with the usual fake smiles from the prosecution.
Marlisa Ferreira starts out by speaking about Eula Keyes, and the four separate incidents that she allegedly witnessed concerning Frank Carson at Michael Cooley’s house. She states that the police never found any stolen property from the Carson property at the Cooley house. Marlisa states that Eula Keyes lived with Michael Cooley between 2010 and 2013. Marlisa speaks about how Linda Sue Burns and Ricky Cooley lived in or near the Cooley house as well. Marlisa states that they never saw Michael Cooley and Korey Kauffman fight. Marlisa speaks about how Eula Keyes saw Korey Kauffman three times on 03/30/20132. She saw him working on his bicycle around 9:30AM, saw him between 1-2PM that same day, then again after it became dark when he drove up with his bicycle pulling a cart. Marlisa Ferreira states that Eula Keyes testified that Korey Kauffman said he was going to go around the corner, and would be back later. Marlisa states that Korey Kauffman left his bicycle at the Cooley house, and that she last saw Korey Kauffman around 10:30PM. Marlisa Ferreira goes into how Eula Keyes saw three people on the Carson property that night. Marlisa Ferreira states that Michael Cooley never left his house that night. Marlisa Ferreira speaks about how Michael Cooley had told Eula Keyes about the pipes that were allegedly set out on the Carson property as bait before Korey Kauffman had gone missing. Marlisa speaks about how Eula Keyes had only seen five pipes on the Carson property the next day. Marlisa speaks about how an empty wheel barrow was found by TJ Singh on his front porch the next morning. Marlisa Ferreira speaks about how Michael Cooley had identified Frank Carson, and had gotten along well with Korey Kauffman. Marlisa speaks about an incident where Frank Carson was seen by Eula Keyes going through Linda Sue Burn’s small green station wagon, and how Michael Cooley had spit in his face. Marlisa now speaks about the gate incident where Frank Carson allegedly kicked in the metal gate at the Cooley house. She speaks about an alleged threat that Eula Keyes heard where Frank Carson told Michael Cooley: “If I ever catch you on my property I will kill you and put your body where it will never be found.” Marlisa Ferreira states that Michael Cooley only saw Korey Kauffman twice on 03/30/2012. She states that the first time he saw Korey Kauffman was between 3 and 4PM. Marlisa states that it was at this time that Korey Kauffman noticed the pipes that were visible on the Carson property. Marlisa Ferreira now states that Michael Cooley saw two people on the Carson property. She states that Michael Cooley said that he saw around 6 pipes left on the Carson property the next day. Marlisa Ferreira states that Michael Cooley called Detective David Shaw to report that Korey Kauffman was missing. Marlisa Ferreira now speaks about how Turlock Police Officer Ken Briggs had witnesses Frank Carson doing surveillance on the Cooley property while sitting in his vehicle across the street. I must note that testimony show that Frank Carson was down the street from the Cooley property, and was actually watching his own property from where he was parked.
Marlisa Ferreira now goes into 6-8 weeks prior to the alleged killing of Korey Kauffman. She speaks about how Scott Rollins saw a recording of a fist fight between Daljit Atwal and Korey Kauffman at Pop N Cork Liquors. Marlisa speaks about 1 week prior to the alleged killing of Korey Kauffman, and how another attorney named Kim Fletcher had testified that Frank Carson had told her that he would rather defend a murderer than a thief, because a thief will always steal again. Marlisa speaks about two days prior to the alleged killing of Korey Kauffman where Kimberly Stout saw a black BMW drive by her on the way to the Cooley house. She now speaks about how John Paden had received help from Korey Kauffman while he was removing the stump of a tree. Korey Kauffman had used a chain saw to cut up the stump.
Marlisa Ferreira now speaks about the night of the alleged murder on 03/30/2012. She speaks about Cathy Grinnolds, who was renting a house from Frank Carson. Marlisa Ferreira states that she had never been behind on her rent, but had been evicted by Frank Carson because he was upset that she had spoken to the investigators. She states that Ms. Grinnolds saw three people on the Carson property in dark clothes wearing hoodies. She states that Ms. Grinnolds studied the people closely, and later identified them as the Athwal brothers.
Marlisa Ferreira now speaks about TJ Singh, and how he had told the investigators that Michael Cooley and Korey Kauffman had a strictly business relationship. She speaks about how TJ Singh had testified that he found a black wheel barrow on his front porch the day after Korey Kauffman had been allegedly killed. TJ Singh testified that Korey Kauffman was wearing a T-Shirt, and boots the night he allegedly was killed.
Marlisa Ferreira now goes into the testimony of Robert Lee Woody Sr. She speaks about how both the Athwal brothers had called him dumb and stupid. She speaks about how Robert Woody had seen Daljit Atwal with a small handgun, and a larger handgun at the cash register. Marlisa speaks about how Robert Woody had a crime case against him and his brother in December of 2011. She speaks about how the Athwal brothers told Woody that Frank Carson would represent him with this case. Marlisa states that Frank Carson never asked for any money for his services. Marlisa Ferreira now speaks about an incident at the Cooley house where Baljit Atwal had allegedly phoned Frank Carson. Marlisa Ferreir uses cell phone data to show that a call had been made. I was surprised that she would go into the cell phone evidence. Jim Cook’s testimony was destroyed by the defense. It is now 10:45AM, and we take a break until 11:05AM.
After the break, Marlisa speaks about how Daljit Atwal had driven Robert Woody to 838 9th Street on 03/30/2012. She states that Robert Woody walked about 6 feet behind Daljit Atwal while they walked through an unlocked gate into the Carson property. Marlisa speaks about how Robert Woody witnessed a fight between Baljit Athwal and Korey Kauffman by the double decker bus, and that Daljit Atwal jumped in to join the fight. Marlisa Ferreira describes how they were using their hands and feet to beat down Korey Kauffman. She describes how Korey Kauffman attempted to block the punches, but was trapped like a cat being attacked by two dogs. She speaks about how Woody described both of the Athwal brothers delivering approximately 25 punches and 15-18 kicks. She describes how Robert Woody tried to get the Athwal brothers to stop by tugging on their shirts, and telling them that Korey Kauffman had enough. Marlisa describes how Robert Woody then turned and started to walk off the property through the gate, and heard a gun- shot. She describes how Robert Woody saw a lifeless Korey Kauffman on the ground. She states that Robert Woody saw Daljit Athwal with a handgun in his left hand. She states that Robert Woody described the Athwal brothers as being nervous. Marlisa speaks about how Robert Woody saw a hole in Korey Kauffman’s back. She speaks about how Robert Woody stated that he saw a logo on the T-Shirt that Korey Kauffman was wearing. Marlisa now shows a picture of the Carhart jacket that was recovered with the body of Korey Kauffman.
Marlisa Ferreira now speaks about how Robert Woody helped the Athwal brothers move the body of Korey Kauffman to Pop N Cork Liquors. She describes how Robert Woody dug a hole on the side lot of Pop N Cork Liquors that was 2 ½ feet deep. Marlisa Ferreira: “Why would anybody make that up?” Marlisa Ferreira states that Robert Woody cut off the fingers and the toes of Korey Kauffman, and put them in a black bag. Marlisa speaks about how the investigators found that the area of the alleged grave had been previously dug up. Marlisa Ferreira speaks about how the Athwal brothers had told Robert Woody to keep his mouth shut. Marlisa Ferreira now speaks about how Walter Wells had showed up at Pop N Cork Liquors, and he had heard him laughing with the Athwal brothers at the front of the store. Marlisa speaks about how Robert Woody’s mother was up when he got home, and how he had felt sick and scared. Marlisa Ferreira speaks about how Robert Woody had told small pieces of what happened to other people in his family like Woodrow, and Robert Branco. Marlisa Ferreira now speaks about the Miranda Dykes body wire. She now speaks about how Daljit Atwal had a swollen right hand that was covered with an Ace Bandage after the alleged incident.
Marlisa speaks about how the body was moved to the mountains near Mariposa in 27 days, and how Robin Attenhoffer was with him when he dug up Korey Kauffman’s body at Pop N Cork Liquors. She speaks about how there was a foul odor. Marlisa Ferreira speaks about how it took 1 to 1 ½ hours to drive up to the mountains. I must note that Kirk Bunch has testified that it took more like 2 ½ hours to make the drive to the mountains. Marlisa Ferreira speaks about how they reached a turn around on the dirt road, and turned around and went back about ¼ mile down the dirt road. She speaks about how the body was left by a tree about 50 feet from the road in a ravine. She talks about how it was heavily wooded in the ravine. Marlisa now speaks about how Baljit Athwal told Robert Woody to burn the pickup truck when they got back to Pop N Cork Liquors after moving the body.
Now, Marlisa Ferreira speaks about how Frank Carson hired Private Investigators. She questions why Frank Carson would have them speak to Robert Woody at Pop N Cork Liquors. Marlisa Ferreira speaks about how the Athwal brothers paid Robert Woody to take a trip to Washington State where he stayed for 41/2 months. She speaks about how Robert Woody went back to work at Pop N Cork Liquors when he returned. Marlisa Ferreira speaks about how the Athwal brothers paid $10,000.00 to fix Robert Woody’s teeth. Marlisa speaks about how Michael Cooley called Officer David Shaw on 04/02/2012, and how the case was assigned to Detective Ken Barringer, and not Kirk Bunch. She speaks about how Kevin Pickett filled out his notebook about two weeks later where he noted that Korey Kauffman had gone missing on 03/29/2012.
Marlisa Ferreira now goes deeper into the destroyed cell phone evidence. She puts a Jim Cook pie chart on the screen, and argues that the defendants were in possession of Korey Kauffman’s cell phone after he allegedly was killed. She states that all the cell phones were in the same Southeast Turlock Southeast Sector cell phone site at the same time 27 times. It is now time for lunch.
After some brief arguments, the jury is called up to the courtroom at 1:45PM. Marlisa Ferreira is given the rest of the day to finish her closing arguments. Jai Gohel’s strong arguments were rejected by Judge Zuniga. Judge Zuniga gives her the remaining two hours, and some of this is taken up by a twenty minute break. When the jury gets into the courtroom, Marlisa Ferreira goes into the burned pickup truck. She states that the pickup truck required a key fob to start, and has a kill feature that will shut off the engine after a very short time if it is hot- wired. She states that Baljit Athwal told the insurance company that all the keys were accounted for. Marlisa Ferreira: “Why torch the pickup truck?” Marlisa Ferreira: “To destroy the evidence.” She now gets into some more of Jim Cook’s destroyed cell phone analysis. I really think this is going to backfire on her. Marlisa Ferreira speaks about how Michael Cooley told Detective Ken Barringer that Korey Kauffman was his best friend, and like a son. Marlisa Ferreira states that Kevin Pickett initially told Detective Ken Barringer that Korey Kauffman disappeared on 03/30/2012. I must note that he recently testified: “How many time do I need to tell you, he disappeared on the 29th.”
Marlisa Ferreira speaks about a canvassing that was done on 06/25/2012 where a flyer was left at the house where Christina DeFelippo was living. Marlisa Ferreira states that Christina DeFelippo then called her mother Georgia DeFelippo. She states that Baljit Atwal had denied knowing Korey Kauffman. Marlisa Ferreira uses some more of Jim Cook’s destroyed cell phone evidence to try to show that Frank Carson lied on 06/26/2012 that he was driving back from Merced. Marlisa states that Baljit Atwal had a 13 minute with his brother Daljit when he leaves Pop N Cork Liquors on 06/26/2012. She states that cell phone data shows that Baljit Athwal drove up to check on the body on that date.
Marlisa Ferreira now speaks about 06/28/2012 when Detective Ken Barringer met with Christina DeFelippo, and how she did not allow him to go onto the property to investigate. Marlisa speaks about how Christina DeFelippo provided Detective Barringer the office phone number instead of her cell phone number. Marlisa states that the side lot gate was always locked, and only Frank Carson or Georgia DeFelippo had the key. She states that this proves that Frank Carson had to unlock the gate before Korey Kauffman was allegedly killed. She speaks about how Christina DeFelippo left for New York about one month later to go to school. She speaks about how Christina DeFelippo had called the Cooleys “The White Trash Twins.” Marlisa now talks about how Christina DeFelippo was visited in New York by an investigator, and was told that she was told not to talk to the police by her lawyer. Marlisa Ferreira states that this lawyer was Frank Carson. Marlisa Ferreira now speaks about how Ryan Schmidt and Frank Carson were the only ones to have the key for the side gate. I guess Georgia DeFelippo did not have a key. She speaks about how Ryan Schmidt drove a white van and a white pickup that matches what Eula Keyes says was following her at times. Marlisa Ferreira states that the Athwal brothers told Detective Ken Barringer that their surveillance cameras only store 6 days of recording. Marlisa states that Detective Frank Navarro noticed that Daljit Atwal had a gun in his waist band when he was interviewing him.
Marlisa Ferreira speaks about how Frank Carson demanded that Frank Navarro provide him with written questions, and how Frank Carson never returned his answers to the questions when they were provided to him. She speaks about how Frank Carson filed a complaint against Detective Frank Navarro. She now speaks about the cadaver dogs, and how they would not be able to pick up scent from the Carson property, because so much time had elapsed. She speaks about how the side lot of Pop N Cork had been roto-tilled, and how the body had been wrapped up in a tarp. She speaks about how Robert Woody took the investigators to very near the exact spot where the body of Korey Kauffman was found in the mountains. She speaks about how Woody told the investigators that the body was around 50 feet from the road in a ravine. She states that this corroborates Robert Woody. Marlisa Ferreira shows how the Pathologist had drawn a chart that showed that no fingers or toes had been found in the mountains with the body. She speaks about how there were a lot of red stains on the clothing, but that the time and conditions had degraded the DNA to the point where there was insufficient DNA to analyze. She speaks about how Frank Carson had run for DA, and had called Praveen Singh and laughed about it. She speaks about how Frank Carson had said that he wanted to ” Clean House.” Marlisa Ferreira calls this a plot to stop the investigation.
Marlisa Ferreira speaks about Praveen Singh. She states that Praveen Singh testified that Frank Carson would sleep on the property with a shotgun, and stated that he would shoot anyone he caught on his property. Marlisa Ferreira stated that Praveen Singh was aware that Steve Duden was putting trackers on cars for Frank Carson. She states that Frank Carson told Praveen Singh to have bail ready because he anticipated that he was going to be arrested. She states that Praveen Singh was aware that Frank Carson was using what are called “throw phones.” She states that Praveen Singh said that Frank Carson was tired of people stealing from him, and the police were not helping him with the problem. She states that Praveen Singh said that Frank Carson did not want him to talk on the phone about things, and to not talk to the cops. Marlisa Ferreira states that Praveen Singh said that Frank Carson eventually told him that “The problem has been solved, and it is done.” Marlisa Ferreira speaks about the black bag that was allegedly stolen from Praveen Singh’s business on McHenry Ave that allegedly contained incriminating evidence. She states that Frank Carson told Praveen Singh that Korey Kauffman’s body had been taken to the mountains. She states that Frank Carson had told Praveen Singh that he had stopped the investigation by filing complaints against the investigators. Marlisa Ferreira now tells the jury that she is done, and asks them to find the defendants guilty of murder and conspiracy to obstruct justice. Court will resume tomorrow morning at 9:30AM. It will be refreshing to hear the other side of this travesty of justice.
Sincerely; William Thomas Jensen (Tom)