FRANK CARSON ET AL CASE

FOR ALL THE MARBLES
ENTIRE DAY OF CLOSING ARGUMENTS 06/19/2019
WEEK 54, DAY 184

BY WILLIAM THOMAS JENSEN (TOM)
PERCY MARTINEZ SPECTATULAR
IN CLOSING ARGUMENTS
“WE GOT THIS”

There are some days that are a pure privilege to be able to explain in words. This one tops the list of everything. What I was hoping for yesterday was exceeded by miles today. Percy Martinez hit a grand slam in his emotional and riveting presentation of closing arguments. Marlisa Ferreira, in the morning, was overheard telling some family members: “We got this.” She was all smiles, and confident after finishing her closing arguments yesterday with a fine performance. Percy Martinez destroyed her case today. I say it is her case, but we all know it is really Kirk Bunch’ case. I saw the look of concern from everyone on the prosecution’s side of this case at the end of the day. Percy was even able to end his closing arguments at 3:30PM. He was on point, and systematically destroyed all aspects of the prosecution’s case. He was pointing fingers at Kirk Bunch, and saying: “That man” did this, and “That man” did that. At the end of the day, it was the defense side that felt like “WE GOT THIS.” We have two defense attorneys to go, and I hear that each one of them will cover some different things in different ways. Yes indeed folks, I have never been more confident that “WE GOT THIS.” Now sit back and let me take you on a long journey into what I believe was the finest day of this travesty of justice thus far.

It is 9:29AM. The courtroom is entirely packed. The jury starts entering the courtroom and take their seats. Defense attorney Percy Martinez starts his closing arguments. This is a moment I have been anticipating for a long time. It is finally here. Percy thanks the jury sincerely, and tells them that they have put up with a lot. Percy is speaking from a podium that is set up very close to the jury. He is having trouble with his microphone, which can’t be fixed. Percy didn’t need one. He spoke from his heart, with a calm voice. He speaks about how Frank Carson had encounters with DA Investigator Steve Jacobson since the early 1990’s. Percy states that Frank Carson has challenged Steve Jacobson’s professionalism, credibility, and honesty. He states that Frank Carson had done this “Way Back.” Percy states that Frank Carson, since 2006, has had a number of cases where Kirk Bunch and Steve Jacobson were involved. Percy states that Frank Carson had filed 2-3 declarations concerning Kirk Bunch being a liar, and being unethical. He mentions one in 2006 where Kirk Bunch was accused of being a liar. Percy speaks about a case involving Micah Dizney in 2008 where Kirk Bunch told Foster (Objection Sustained.) We have a side bar. I notice during the side bar that the Modesto Bee is here again today. I am glad they will see that there is another side to this case. After the side bar, Percy speaks about how Kirk Bunch had told an in custody inmate that Frank Carson had “Ratted him out.” Percy also states that Kirk Bunch had told that in custody inmate that Frank Carson had: “Thrown him under the bus.” Percy Martinez states that Frank Carson had done neither of these things to the inmate. Percy states that Frank Carson filed a declaration against Kirk Bunch for being a liar in the Micah Dizney case.

Percy now talks about Officer David Shaw, and how he got a call from Michael Cooley on 04/02/2012. Percy states that Michael Cooley told Officer Shaw that Frank Carson’s brother had threatened him. Percy states that Kirk Bunch writes a report, and states that in the report that Frank Carson had a motive to kill Korey Kauffman, who was a missing person at the time. We are talking about only a couple of days after Korey Kauffman had gone missing. Percy states that Kirk Bunch bases his report on the statement of a convicted criminal, felon, thief, and drug addict. Percy states that from that moment on, Frank Carson had no chance. Percy states that Kirk Bunch had already made up his mind.

Percy states that Officer David Shaw was told by Michael Cooley that he was suspicious of Frank Carson. Percy states that Officer Shaw did not see any hole in the fence, and did not see any pipes stacked up on the Carson property. Percy states that Michael Cooley had said that the pipes were stacked up five feet from the fence between his yard and the Carson yard. Percy Martinez states that Officer David Shaw would have seen the pipes if they were there as Michael Cooley said they were. Percy states that this shows that Michael Cooley’s story was fabricated. Percy points out that Ricky Cooley told the investigators during his first interview that he did not see any pipes stacked up on the Carson property. Percy states that during this trial, Michael Cooley testified that he told Ricky Cooley about the pipes. Percy states that during Ricky Cooley’s first interview he couldn’t identify Frank Carson. Percy now points out that Ricky Cooley, during this trial, pointed out Frank Carson in the courtroom, and said: “Yea, that guy sitting next to you.” Percy Martinez states that Ricky Cooley had described Frank Carson as being a short stalky chubby guy. That sounds like me, but is certainly not the Frank Carson that I know. Frank is a tall man.

Percy now speaks about Linda Sue Burns, and how she testified that she saw people on the other side of the fence. Percy shows how Linda Sue Burns, during the Preliminary Hearing had said that she did not see Frank Carson on the other side of the fence. Percy now shows how Linda Sue Burns, during this trial, testified that she did see Frank Carson on the other side of the fence. Percy questions how her memory could get better after 7 years had passed. Percy states that this case has evolved, and the prosecution wants the jury to believe a different story than was told at the beginning by the witnesses.

Percy states that the prosecution has made a big deal about how Frank Carson had allegedly said that he would shoot people and they would never be found again if he found them on his property. Percy states that this statement has evolved. Percy states that Frank Carson never told people that their body would never be found. Percy states that this portion was added to everybody’s testimony. Percy invites the jury to read the record to prove his point on this matter. Percy speaks about how Kirk Bunch spoke to Michael Cooley on 04/28/2012. Percy states that during this interview Ricky Cooley said he did not see any hole in the fence. Percy states that Ricky Cooley also denied seeing Frank Carson having any words with Michael Cooley. Percy states that Ricky Cooley said that Michael Cooley had words with Frank Carson’s brother Terry Carson.

Percy Martinez now speaks about the gate incident. He lists all the people who testified about this alleged incident. They include Michael Cooley, Eula Keyes, Linda Sue Burns, Sabrina Romero, Justin Reedy, and I believe some others. Percy states that all of these people testified about hearing Frank Carson say the “And your body will never be found.” Percy states that did not happen. Percy points out how Michael Cooley had testified that the Merced Police had responded to the gate incident. Percy points out that this would never have happened. Percy points out that during the 04/20/2012 interview Michael Cooley had told the investigators that the incident had happened 2 months ago. Percy states that Kirk Bunch looked for any officer call records concerning this incident, and was unable to find any records of this ever happening. He tells the jury if there is no report, that they should be suspicious. Percy speaks about two incidents. One was on 02/06/2012, and the other was on 02/23/2012. Percy states that Frank Carson was there when the police showed up, and there were no complaints filed about any threats or any cars being broken into or searched by anyone. Percy Martinez points out that Frank Carson and Georgia DeFelippo had called the police during those two incidents. Percy states that Frank Carson had showed Officer Vento the hole in his fence, and had showed him a path that led to the back gate of Michael Cooley’s house. Percy states that Officer Vento saw the open storage containers, and that Frank Carson had told Officer Vento that he suspected the people in the Cooley house had stolen property from him. Percy states that Officer Vento spoke to Michael Cooley and Keith Hobbs, and found no stolen items from the Carson property. Percy states that “They admitted that they were the thieves, they were allowing the thefts to go on.” Percy states that the stolen items were going to Linda Sue Burns’ house. Percy calls the thieves career criminals. He states that when people like this go by a nice house, they see a target rather than a house.

Percy Martinez states that Kirk Bunch was investigating Frank Carson for murder around 2 days after Korey Kauffman had gone missing. Percy states that Kirk Bunch had Korey Kauffman’s cell phone number, but never pinged it to see where it was. Percy states that Kirk Bunch never pinged Korey Kauffman’s cell phone. Percy now speaks about how Kirk Bunch testified that Michael Cooley had told him that Korey Kauffman had gone missing on 03/30/2012. Percy now speaks about Korey Kauffman’s father Tony Kauffman, and how he loved his son. He tells the jury that they can’t be swayed by their sympathy or emotion. Percy points out that Tony Kauffman identified a picture of the gravestone of Korey Kauffman, and the date of death on the stone is 03/29/2012. Percy speaks about how Kevin Pickett had created a flyer to hand out a day or so after Korey Kauffman had gone missing. Percy states that Kevin Pickett’s mind was clear at the time. Percy states that Kevin Pickett had written on the flyer that the last day he had seen Korey Kauffman was 03/29/2012. Percy states that Kevin Pickett is sure of this date, because it was the day that he and Korey Kauffman had contact with the police at Mulberry Mobile Home Park. Kevin Pickett really has this date nailed down because it was documented. Percy reminds the jury that Kevin Pickett told Marlisa Ferreira in front of the jury: “How many times do I need to tell you?” “Korey Kauffman disappeared on 03/29/2012.” “I know when my son disappeared.” Percy states that Kirk Bunch got his information from a career criminal. Percy asks the jury who they would believe, a career criminal, or the family of Korey Kauffman.

Percy Martinez states that the defense has gone through Michael Cooley’s crimes that go back to the 1990’s. He states that Michael Cooley is a member of the Arian Brotherhood. Percy states that Kevin Pickett has no reason to lie about when Korey Kauffman went missing. Percy states that the prosecution has presented no evidence that would prove that the Mulberry Mobile Home Park incident happened on a day other than 03/29/2012. Percy now speaks about how Tony Kauffman stated that Korey Kauffman was wearing a T-Shirt and a jacket. Percy speaks about how Michael Cooley had testified that Korey Kauffman was: “Like a son to me.” Percy no points out that Kevin Pickett had never heard of Michael Cooley from anything he had ever heard from Korey Kauffman. You would think that Korey Kauffman would have spoken to Kevin Pickett about Michael Cooley if he had been so close to Michael Cooley. Percy states that Kevin Pickett said that after 03/29/2012 Korey Kauffman never came home.

Percy Martinez now speaks about how Michael Cooley never told Detective David Shaw the last place Korey Kauffman went was to the Carson property. Percy now goes into the self- proclaimed cell phone expert Jim Cook, and how he used “Eye Balling” and protractors to do his cell phone analysis. Percy states that: “We know his work is all wrong.” Percy reminds the jury how Jim Cook, on his own, had tried using Google Maps, and had discovered that Frank Carson’s property was not in the infamous Southeast Turlock/Southeast Sector as he had claimed during his seven weeks of testimony. Percy reminds the jury that Marlisa Ferreira was just using that cell phone analysis in her closing arguments. My Lord she can be stupid at times! Percy reminds the jury that Kevin Pickett did not even know Michael Cooley until he went to his house after Korey Kauffman had gone missing. Percy states that Kevin Pickett had no issues with the Athwals.

Percy Martinez now goes into Michael Maunakea. He states that Marlisa Ferreira wants the jury to believe his incredible lies. He speaks about Michael Maunakea’s crazy story about the Athwal brothers beating up Korey Kauffman in 2010 and locking him in the trunk of their car. Percy states that nobody was ever told about this alleged incident. Percy Martinez speaks about how Kevin Pickett said that Michael Cooley and Eula Keyes were acting weird when he went to their house after Korey Kauffman had gone missing. Percy states that Kevin Pickett had said that Eula Keyes was acting scared. Percy states that Eula Keyes would look at Michael Cooley to see what she should say when he asked her questions. Percy Martinez states that Kevin Pickett was told by Michael Cooley to check on the Carson property when searching for his son. Percy Martinez now states that Kevin Pickett said that Korey Kauffman had a severe hand injury that was covered by a large Ace bandage when he went missing. Percy once again reminds the jury that Kevin Pickett put 03/29/2012 on the flyer as the date that Korey Kauffman had gone missing. Percy states that Kevin Pickett had been told by the police that Michael Cooley had claimed to be best friends with Korey Kauffman, and that Kevin Pickett had told the police that was not true. Percy states that Kevin Pickett told the police that he never saw Korey Kauffman with Michael Cooley. Percy points out to the jury that Kevin Pickett has testified that between 03/29/2012 and 2013 there was a lot of talk about Korey Kauffman on the streets. Percy states that just before Korey Kauffman disappeared, he was working on a trailer, and not on a Jeep.

Percy Martinez now speaks about John Paden, and how he testified about seeing a car coming down the street while Korey Kauffman was working on a black Jeep. Percy states that this did not happen 2 days before Korey Kauffman went missing. Percy states that Marlisa Ferreira made Kevin Pickett feel like he was a suspect while he was on the stand. Percy speaks about a short Mexican Detective named Navarro. Navarro was sitting right across from me. I had to chuckle to myself. He looks like Pappa Smirf to me. He has grown a beard and put on a bunch of weight. Oh My God! It seems as though Navarro spoke to Kevin Pickett, and Kevin Pickett had told him that he worked on his note pad on either day 1 or day 2 after Korey Kauffman had gone missing. Percy states that Kevin Pickett told Navarro that Korey Kauffman was not working on the trailer because of his severe hand injury.

Percy Martinez now speaks about how Michael Cooley had told Kirk Bunch that the altercation with Frank Carson had happened in November of 2011. Percy states that Kirk Bunch checked for any police reports on the alleged incident, and there was no report to be found. Percy now states that Michael Cooley had told Kirk Bunch that the altercation was with Frank Carson’s brother Terry Carson. Percy Martinez now states that the defense knows that Michael Cooley knew Frank Carson in 2011 because Frank Carson had identified himself as being Frank Carson in February of 2011. Percy states that it is all a lie about the confrontation with Terry Carson. Percy states that there is not one single police report about these alleged threats being made to Michael Cooley. Percy states that Michael Cooley said that he turned over stolen items from the Carson property to Linda Sue Burns, and they were initially taken to her house. Percy states that the stolen items were eventually sold to a person named Mark Kehoe. Percy Martinez now states that Michael Cooley told Kirk Bunch that Korey Kauffman came over to his house in Tony Kauffman’s pickup truck, and there was no problem with the tags on that truck. Percy states that Michael Cooley told Kirk Bunch that he put Korey Kauffman’s bike along the side of the house, and also told Kirk Bunch that Korey Kauffman’s hand was bandaged up with a big bandage. Percy states that Michael Cooley told Kirk Bunch that he did not know where Korey Kauffman went, and that Korey Kauffman left around 8:00PM. Percy states that Michael Cooley told Kirk Bunch that Korey Kauffman’s bike did not have any flat tires.

Percy Martinez now states that Michael Cooley told Kirk Bunch that the pipes were 5 feet high, and that he had pointed out the pipes to Detective David Shaw. Percy Martinez: “That is a lie.” Percy states that Detective David Shaw testified that there were no pipes on the Carson property. Percy once again speaks about how Michael Cooley told Kirk Bunch about the confrontation with Terry Carson, and how there were no police reports on the incident. Percy questions why the Merced Police Department would show up in Turlock as claimed by Michael Cooley. Percy states that Michael Cooley told Detective Redd from Turlock that Frank Carson came over about one week after Korey Kauffman had gone missing and kicked in the gate. Percy states that there is no police report to show that this ever happened.

Percy Martinez now speaks about the 13 knives that were found at Michael Cooley’s house ib 01/13/2013. Percy speaks about how there were knife slashes and stabs under the armpits of the Carhart jacket that was found near the body of Korey Kauffman. Percy Martinez speaks about how Faye Springer testified she had found two bullet holes in the back of the Carhart jacket, and had also found stab wounds under the armpits of the jacket. Percy states that the stab wounds penetrated through the inner lining of the jacket. Percy Martinez points out that Kirk Bunch never analyzed the knives for any blood or DNA evidence. Percy states that Kirk Bunch testified that he did not read the report concerning the stab wounds being found on the Carhart jacket. I say this is certainly a lie. Percy points out that Kirk Bunch knows everything about this case. Percy states that Kirk Bunch does not care about anything concerning Michael Cooley. Percy states that Michael Cooley told Kirk Bunch that he did not know the date that Korey Kaufman went missing. Percy states that Kirk Bunch chose to go with 03/30/2012.

Percy Martinez states that when Eula Keyes was questioned about the pipes, she said they were stacked up 1 foot tall. Percy states that Eula Keyes said she saw people on the Carson property around 5:00PM, and that Korey Kauffman had left and gone around the corner. Percy states that Eula Keyes testified that Korey Kauffman’s bike had 2 flats. Percy: “Someone is telling a lie here.” Percy states that the investigators were told that the hole in the fence was repaired in February of 2011 with razor wire, and that nobody went through the hole after that date. Percy now states that Michael Cooley admitted that he stole from the Carson property 4-5 times, and had told the investigators that Frank Carson had not come over to his house in 2012. It is now 11:14AM, and we take a break. I now take a break. It is 10:00PM, and I still have 12 pages of notes to type. I am going to be up very late tonight. It is worth it. This travesty of justice is almost over folks. I will suffer a bit to get this story out. NOT IN A VACUUME I SAY!

Percy Martinez now speaks about Eula Keyes, and the first alleged Frank Carson incident on February 06. Percy speaks about how Frank Carson allegedly was searching through Linda Sue Burns’ car. Percy states that Frank Carson identified himself. Percy states that when Michael Cooley said that the incident was with Terry Carson, that Eula Keyes was present. Percy states that Eula Keyes did not correct him about this. Percy states that Eula Keyes said that the incident happened about 1 ½ years before Korey Kauffman went missing. Percy talks about the second alleged incident that happened on February 23rd. Percy states that Eula Keyes also said that Terry Carson was the person that was involved with that incident. Percy states that Eula Keyes spoke about the knives, and said that they were hers. Percy states that the defense knows that Michael Cooley told the police in 2013 that the knives were his. Percy states that Michael Cooley said that the stolen Carson property was taken to Linda Sue Burns’ house. Percy states that Michael Cooley told the police that the person who went through Linda Sue Burns’ car was a Private Investigator. Percy states that she said that the police responded, but there is no police report to confirm it ever happened.

Percy states that Kirk Bunch talked to Ricky Cooley, and Ricky Cooley told him that he first met Korey Kauffman the night he allegedly disappeared. Percy states that this was said during the Preliminary Hearing. Percy states that Ricky Cooley testified in the Preliminary Hearing that he did not see any pipes stacked up on the Carson property. Percy states that Ricky Cooley now says that he saw the pipes. Percy points out that Ricky Cooley described a small guy as being Frank Carson.

Percy now speaks about how Linda Sue Burns spoke about the alleged gate incident. Percy states that there are no police reports to confirm this ever happened. Percy states that there was no officer there, and it never happened. Percy states that Linda Sue Burns testified that her house was not used to store stolen Carson property. Percy states that Linda Sue Burns told the police that a Private Investigator went through her car. Percy states that there are no police reports to confirm this ever happened. Percy states that Linda Sue Burns never identified Frank Carson as being the person in the Preliminary Hearing. Percy states that Linda Sue Burns now identifies Frank Carson as being the person who went through her car. Percy: “It’s a lie.” Percy states that Linda Sue Burns testified in the Preliminary Hearing that there were no pipes, and the last day she saw Korey Kauffman was either the 29th of March or the 30th of March in 2012.

Percy speaks about how Sabrina Romero was given a deal for her testimony. Percy states that she had been convicted of embezzlement from a dentist she had worked for. Percy Martinez states that she told Kirk Bunch the alleged incident she witnessed happened about 1 ½ months before Korey Kauffman went missing.

Percy states that Marlisa Ferreira made a big deal about the visit to Frank Carson’s office on August 9th. Percy states that Frank Navarro (The little Mexican Detective) had said that Frank Carson was polite. Percy states that Frank Navarro was aware that Frank Carson did not want to speak to him, and wore a body-wire. Percy asks why he would wear a wire. Percy: “Because he wanted to capture Frank Carson’s reaction. Percy speaks about the long list of written questions that Detective Ken Barringer provided to Frank Carson, and how there was not enough time left in the day for the questions to be answered. Percy states that Frank Carson’s property was searched the next day, and the investigators had kicked in the doors, and had damaged his house. Percy speaks about how when the investigators had gone to his law office, Frank Carson had asked them if they had a search warrant, or a warrant for his arrest. When they told him that they did not have a warrant, Percy states that Frank Carson repeatedly told them to “GET OUT.” Percy states that the investigators did not leave his law office. Percy states that the investigators had no right to be there.

Percy Martinez now speaks about the Conspiracy to Obstruct Justice charge. Percy speaks about how Frank Carson, after the search warrant had called his mother to tell her he had some bad news. Percy talks about how Frank told his mother that he didn’t want her to be shocked, but there was a lot of damage.

Percy speaks about Amil Atalaha, and how the investigators had him wear a body-wire when he met with Frank Carson. Percy states that Kirk Bunch was convinced he knew something. Percy states that Frank Carson told him that he did not have to speak with the police, but if he did to make sure he told the truth. Percy: “What is wrong with that?” Percy states that Frank Carson had nothing to do with obstruction of justice. Percy states that he was just advising the Indian men about their legal rights.

Percy Martinez now speaks about what he calls the real crux of this case. He speaks about how Marlisa Ferreira had said there was not a bunch of hard evidence in this case. Percy: “There is none.” Percy speaks about how Marlisa Ferreira wants the jury to just accept what Michael Cooley and Linda Sue Burns had said.

Percy now goes into the testimony of Charlie O’Dell. He speaks about how Charlie O’Dell was in jail in 2012, and was contacted by a Private Investigator. Percy states that as soon as the defense attorneys learned what they learned, they informed the investigators. Percy states that after the prosecution was informed, Korey Brown talked to Charlie O’Dell. Percy states that Charlie O’Dell told the investigators that in March of 2012 he got a call from Michael Cooley, who he called his “Street Uncle.” Percy points out that Charlie O’Dell got no benefits for what he said about Michael Cooley. Percy states that Charlie O’Dell got this call from Michael Cooley about 3-4 days after he had been released from jail on 03/26/2012. He states that Charlie O’Dell said this call came on a Wednesday or a Thursday. Percy states that Charlie O’Dell told the investigators that Michael Cooley, Eula Keyes, and Keith Hobbs were driving back from the mountains where they had “Gotten rid of someone who owed Michael Cooley a large amount of money.” Percy states that Charlie O’Dell said that their car had broken down in Escalon, and he went to pick them up. It was when he picked them up that he was told about them getting rid of someone in the mountains. Percy states that Keith Hobbs is Eula Keyes’ son. Percy states that Charlie O’Dell told Kirk Bunch the same story. Percy states that this is hard evidence, it is strong evidence, and he is telling the truth because he had no benefit for saying what he said. Percy speaks about how Michael Cooley and Eula Keyes were all weirded out when they were visited the next day by Kevin Pickett. Percy states that Eula Keyes knew what had happened the day before.

Percy speaks about the testimony of Robert Woody. He tells the jury they have to believe the testimony of Robert Woody if they want to convict the defendants. Percy tells the jury that Robert Woody has testified: “I just lie.” Percy speaks about how in 2016, Robert Woody made an incredible statement and drew a diagram, and a day or so later said that statement was all a lie. Percy states that Robert Woody lied over and over again. Percy speaks about Marlisa Ferreira talking about how he is an eye witness to what happened to Korey Kauffman. Percy wants the jury to examine his statements. Percy states that his testimony about the stump was all a lie. Percy speaks about how the investigators had told Robert Woody that they had an eye witness that saw the infamous “Your ass is grass” alleged incident. Percy points out that Kevin Pickett said that Korey Kauffman was working on the Jeep a long time ago. Percy points out that Kevin Pickett said that Kirk Bunch was putting words in his mouth, and had told Bunch that the Jeep work was done a long time ago. Percy states that John Paden described the vehicle, and had told Kirk Bunch that the vehicle was a mid- 1990’s BMW rather than the late model BMW owned by the Athwals. Percy: “It is a totally different car.” Percy states the investigators got Robert Woody to change his testimony to say it was one of the Athwal brothers in the vehicle. Percy states that the investigators lead Robert Woody to say what they wanted him to say. Percy states that on 03/01/2014 they told Woody: “We want to make you a witness.” Percy states that after the infamous bathroom break, Woody states that he was there at the alleged killing of Korey Kauffman. Percy states that Woody then adopts the prosecution’s suggestions by saying that he was trying to pull the Athwal brothers off Korey Kauffman. Percy states that Robert Woody then said he started to walk away, and heard one gun shot. Percy states that Robert Woody said that Korey Kauffman was wearing a T-Shirt, and they carried him to the pickup truck, and took him to Pop N Cork Liquors. Percy states that the fact that Korey Kauffman’s body was found with the Carhart jacket contradicts what Robert Woody said. Percy states that Robert Woody said Korey Kauffman was not wearing a coat. Percy states that the hard evidence shows that Korey Kauffman had been shot two times. Percy states that Robert Woody said in his first interview that they took Korey Kauffman directly to the mountains. Percy states that the investigators told Woody: “No, no, no, that does not match the cell phone evidence.” Percy states that Robert Woody then told the investigators that they took Korey Kauffman to Pop N Cork Liquors first. Percy states that Robert Woody testified that it took him 10 minutes to dig the grave at Pop N Cork Liquors. Percy states that the tarp was not a brand new tarp that they wrapped up the body in. Percy states that the investigators took 5 hours to dig a hole 10-14 inches deep where the body of Korey Kauffman was allegedly buried at Pop N Cork Liquors. Percy states that Robert Woody stated that he had previously used a back hoe to dig a hole in that same place to bury some garbage. Percy states that there were no marks in the ground at that spot that would indicate that it had been dug by a back hoe, and there was no garbage under where Korey Kauffman had said he buried the body. Percy states that the investigators found no blood evidence, or insect larvae evidence, or any pieces of the tarp when they dug up the alleged grave site. Percy states the investigators found a pipe that ran about 14 inches under the ground that would have made it impossible to bury the body where Robert Woody said he buried the body of Korey Kauffman. Percy states that there were no marks on the pipe that would indicate that it was hit by the back hoe that Robert Woody allegedly used to bury garbage at the spot. Percy speaks about how a body decomposes, and how insects would have been present. The investigators found none. Percy states that based on this, Robert Woody lied. It is now time for lunch.

The jury is brought into the courtroom at 1:28PM. Percy gets into how there was no evidence of anything that would indicate a body buried at Pop N Cork Liquors. Percy states that no garbage was found, and that Robert Woody had said the body was buried on top of the garbage. Percy speaks about Officer Vento, who went to Michael Cooley’s house, and how there was no mention of any threats, or of people breaking into cars. Percy: “All that is based on lies.”

Percy now gets into the “Throw phones” that Praveen Singh had spoken about. Percy speaks about how Singh had remembered that the cell phone number of this throw phone started with the number six. Percy states that the prepaid phone was is use beweeen November 13th and August of 2014. Percy states that the prosecution said that the prepaid phone was used in October of 2014. Percy: “That is a lie.” Percy states that the phone was never used to call the Athwal brothers, Walter Wells, Eduardo Quintanar, or Robert Woody. Percy questions what purpose the phone had. Percy speaks about one 20 second call that was made to TJ Singh, and a call to Terry Carson, and a call to Georgia DeFelippo.

Percy states that Frank Carson had a bad relationship with Steve Jacobson since the mid-1990’s. Percy states that the prosecution wants you to think there was no bias. Percy: “He called Frank Carson a “Fat boy.” Percy: “He didn’t like Frank Carson.” Percy speaks about the hallway incident where Steve Jacobson knocked a camera out of Frank Carson’s hand, and assaulted him. Percy states that the prosecution has said that Frank Carson got into Steve Jacobson’s face. Percy states that it was Steve Jacobson who walked over to Frank Carson, and knocked the camera out of his hands. Percy speaks about how Frank Carson was representing AJ Pontillo, and how Steve Jacobson had tried to influence an alternate juror while the jurors were deliberating. Percy states that Jacobson apologized, and the charges against him were dismissed while Frank Carson was in jail.

Percy now speaks about Jim Cook, and how he was testifying forever. Percy calls Cook the “Eye balling cell phone expert who used eye balling and a protractor to do his analysis. Percy reminds the jury that the defense asked him over and over if he used a program to do his analysis, and eventually he did it on his own. Percy states that Cook, after using Google Earth, determined that Frank Carson’s property was 10-15 degrees out of the Southeast Turlock/Southeast sector that he had claimed covered the Carson property. Percy states that Jim Cook testified falsely during his six weeks of testimony.

Percy speaks about the investigator who did analysis of the dirt. Percy states that he was given items of Korey Kauffman’s clothing to analyze. Percy states that Robert Woody testified that he cut off the fingers and the toes, and put the shoes back on the body of Korey Kauffman. Percy states the investigator looked at the boots, and could not find any evidence of blood. Percy states he would have found evidence of blood if there was any blood in the boots. Percy: “he found nothing.” Percy: “That’s hard evidence.” Percy states that contradicts the testimony of Robert Woody. Percy states that the lack of hard evidence for the prosecution points to innocence in this case. Percy states that the hard evidence that the defense has found discounts the prosecution’s story of what happened. Percy states that Korey Kauffman was wearing a coat, and was shot twice. Percy states that Robert Woody testified that there was no coat worn by Korey Kauffman, and he was shot once, and he was wearing a T-shirt. Percy states that Robert Woody was adamant that Korey Kauffman was not wearing a coat. Percy: “He would have seen the coat when he cut off the fingers and the toes.” Percy: “You can’t reconcile that.” Percy: “The hard evidence shows that Robert Woody lied.” Percy states that the expert said the found bullet had been fired from a Marlin rifle, not a handgun as claimed by Robert Woody. Percy states that Robert Woody did not say Korey Kauffman had been shot by a rifle. Percy: “That proves Robert Woody was lying.” Percy: “That is hard evidence.”

Percy now returns to the testimony of Detective David Shaw. He states that Marlisa Ferreira misstated his testimony. Percy states that Cooley told Shaw that Korey Kauffman was going to the “Mill down Lander,” and not to Frank Carson’s property. Percy states that Michael Cooley never told Shaw that Korey Kauffman was going to the Carson property. Percy states that on 04/02/2012 Michael Cooley did not say that he saw a hole in the fence, and did not point out any pipes. He states that Marlisa Ferreira’s slide concerning this was incorrect.

Percy now speaks about Praveen Singh. He speaks about a case in Federal Court where he testified that he was a reserve police officer. Percy states that Praveen Singh has testified in this case that he was not the one who testified in that Federal case. Percy points out to the jury that the defense brought in their own witness to prove that Praveen Singh was the one who testified in that Federal case. Percy states that Singh testified that Frank Carson was sleeping on his property and had said: “It is over and done with.” Percy points out how Singh had told the investigators that if Frank Carson did something that he did not know anything about it. Percy states that Singh told the investigators that: “I don’t know shit about Korey Kauffman.” Percy states that Singh told the investigators that he wanted a deal. Percy: “Singh said that he didn’t give a fuck about anyone.” Percy states that Singh denied holding anything back in the interview. Percy states that Singh said: “Fuck everybody, I’m worried about myself.” “I’m ready to do whatever you want me to do.” Percy states that Singh admits that Frank Carson denied any involvement. Percy states that Singh is charged in State and Federal cases. Percy points out how Kirk Bunch mentioned to Singh about the “It is done” statement. Percy: “That is what Singh used.” Percy states that Kirk Bunch manipulated Singh, Michael Cooley, Ricky Cooley, Eula Keyes, and Linda Sue Burns. Percy points at Kirk Bunch and says: “This man manipulated this entire investigation.” Percy: “He knows everything about Frank Carson.”

Percy tells the jury it is important for them to follow the instructions that are to be given them. Percy states that the fact that the defendants are charged is not evidence. He tells the jury that they need to rely on the evidence that has been presented in the courtroom. Percy now goes into reasonable doubt, and explains to them what it means. He tells the jury that the defendants are presumed to be innocent until proven guilty beyond a reasonable doubt. Percy: “This is a case you will never forget.” I will certainly carry this for the rest of my life folks. He asks the jury to ask themselves if they feel uncomfortable about how Robert Woody has testified. He asks the jury to compare Robert Woody’s testimony to the hard evidence. Percy talks about circumstantial evidence, and how it is also indirect evidence. He gives an example of a rain coat that is covered in water drops. He calls that circumstantial evidence that it was raining outside. Percy talks about direct evidence, and how expert witnesses who do analysis provide direct evidence. Percy states if the hard evidence does not fit the prosecution’s theory, they must find the defendants not guilty. Percy states if there are two reasonable theories where one points to guilt, and the other points to innocence, they must choose the one that points to innocence. Percy once again talks about the Escalon incident that was testified to by Charlie O’Dell. He states that Michael Cooley told O’Dell: “That is what he got for owing me money.” Percy states that Kimberly Stout stated that Michael Cooley did not like Korey Kauffman. Percy states if the jury has a reasonable suspicion that Michael Cooley killed Korey Kauffman, they must find the defendants not guilty. Percy: “If you reject Robert Woody’s story, you must find the defendants not guilty. Percy states that May 23rd of 2012 was the only time Michael Cooley spoke to Frank Carson. Percy: “Why would the Athwal brothers want to kill someone for Frank Carson?” Percy goes over how Frank Carson had been at the Turlock Flea Market every Tuesday morning. Marlisa Ferreira had said he was meeting with the Athwal brothers during this time. Cell phone evidence showed that Frank Carson was in Turlock on Tuesday mornings. Percy goes into how Eula Keyes phone was the only phone that was able to connect with Korey Kauffman’s cell phone after Korey Kauffman went missing. Percy shows how she had to turn Korey Kauffman’s cell phone on before she called it to make a connection. Percy shows that all the calls went to Eula Keyes phone. Percy states that Frank Carson and the Athwal brothers did not have Eula Keyes phone number. Percy: “Have Marlisa explain that.” Percy: “That is powerful.” Percy: “The facts are stubborn.” Percy states that the defendants do not have to prove Michael Cooley killed Korey Kauffman. Percy tells the jury to use their common sense.

Percy talks about Michael Maunakea, and his story about how the cops took a tape recorder that he said Korey Kauffman made a statement on. Percy states the defense got all the records. Percy states that Maunakea said that Korey Kauffman wanted him to return a handgun to him that he had allegedly stolen from Frank Carson. Percy states that Maunakea testified that Korey Kauffman lived with Frank Carson. Percy: “These are all lies.” Percy: “The People know these were all lies.” Percy speaks about how Maunakea testified about how he was threatened and beaten by “Bad Turlock Cops.” Percy speaks about how Marlisa Ferreira showed Maunakea a blurred picture of an object, and how Maunakea immediately began crying and saying it was his stolen tape recorder that he says was taken by the police. Percy states that the next day, the prosecution magically came up with a clear picture that showed that it was actually a cell phone that was pictured. Percy states that the prosecution had the clear picture all along, and should be ashamed of themselves. Percy: “We have been fighting for the lives of three men.” Percy: “They have an agenda.” Percy states that Kevin Pickett never told Kirk Bunch that Korey Kauffman went missing on 03/30/2012. Percy states that Kirk Bunch testified about this at the last minute, and states that he destroyed his notes concerning this alleged statement. Percy states that the scientific evidence does not back up the testimony of Robert Woody. It is now 2:51PM, and we take a break until 3:15PM. After the break, Percy speaks about the conspiracy to obstruct justice charge. He says the defendants must be proven to have intent by lying and other things. He states that the acts of the defendants were acts of innocent men who were falsely accused. He states that the one thing Frank Carson said was: “whatever you do, don’t lie.”

Percy goes into the testimony of the forensic pathologist who could not determine the cause of death. Percy shows that Officer Ken Briggs showed that Frank Carson was sitting in his vehicle watching his own property rather than doing surveillance on the Cooley property. He speaks about how Officer Briggs went back to the scene to confirm that Frank Carson could not see the Cooley property from where he had parked. Percy states that Marlisa Ferreira attacked him on the stand for being honest.

Percy Martinez now tells the jury a story about a gentleman in California that was a big fan of lamb. Percy says the man went to New York to a place that serves great lamb stew. Percy states that when the man got his meal, he took a bite, and spit it out. Percy says the man said that the meat was rotten. Percy says the waiter came to the table, and told the man that was the last piece of lamb that the restaurant had. Percy says the prosecution wants the jury to go through all the pieces of meat and pick out pieces that are good. Percy: “They want you to go through all the rotten evidence. Percy: “This case is rotten.” Percy: “Throw it away.” Percy is now done with his closing arguments. It is now 1:25AM, and I have been typing forever. I will be there tomorrow. I can’t miss any of this. We are on the verge of something wonderful folks.

Sincerely; William Thomas Jensen (Tom)