Good evening everybody. This is Marty from DAWG’s Blog with tonight’s podcast of the Frank Carson, et al. Trial. Today is Monday, June 24, 2019. Yes. We had court on a Monday. We are in the final arguments today. Marlisa Ferreira was doing her rebuttal to the defense final summations.
One thing of note before I get started. I got some emails today from a witness in this case. I’m not going to identify who they are. They know who they are. It is two of them. The first email was: rem I take their pictures off the website. That doesn’t work well with me because I’m a D*&#. After a few more emails were exchanged, their response was they are going to get an attorney. That’s fine. Their business must be doing so well now they can afford to pay attorney’s fees. I asked them if they feel they have a legal cause to have those pictures removed and they never responded to that, just demanded I remove them immediately. I have a disclaimer on my site that all the pictures on my site are received via internet. If anyone has a problem and can give me a good reason why a picture should be removed, I will do so. If you get nasty with me right off the bat, that won’t work with me.
Court started at 1 PM this afternoon. The jury was up at 1:07PM. The Judge was on the bench at 1:09PM. Marlisa Ferreira started talking about the Frank Carson issues. (She is going person by person). They are accusing Steve Jacobson of being biased. Steve Jacobson did not come on the case until 2014. Steve Jacobson had no personal contact with Frank Carson. Steve Jacobson ran the wire tap and handled Robert Woody. He did some search warrants too. She said the defenses’ claim that Steve Jacobson is biased is the 90’s is not relevant. She said something I thought was interesting: You can trust the government, the government is here to help you. It surprised me the way she said it. Steve Jacobson testified Frank Carson had filed declaration of a whole bunch of bad things about him. He was not on the witness stand to testify that these declarations were true. She said people love to talk and that is all it is, just talk. Frank Carson trying to undermine the integrity of the officers. Frank Carson could have filed complaints with appropriate agencies at the time. There is no proof. It is just Frank Carson talking. It amazed me she said that, that is one of the overt acts she said against Frank Carson is that he filed complaints with their agencies against the officers.
Kirk Bunch called Frank Carson a rat and then threw him under the bus. Kirk Bunch and Steve Jacobson testified in regards to the allegation. None of it was true and it did not affect them. Thirty years of experience and not one piece of evidence of Kirk Bunch lying on integrity issues in court. Kirk Bunch and Steve Jacobson were over diligent, concerned about the victims family and just simply looked at the evidence. Then in 2013 they were worried about the homicide of Korey Kauffman when the found the body. In April 2012 Kirk Bunch wrote that Frank Carson had a motive. He did research on the property, Frank Carson had contact with law enforcement officers (Turlock PD). Kirk Bunch knew Mike Cooley and Dave Shaw. Dave Shaw heard about the threats by Frank Carson.
She talked about the Carmen Sabatino case, it was a hung jury, not an acquittal. She says it wasn’t a loss for the DA’s office. They did not refile the charges after the jury hung, 11-1 in favor of acquittal. It is not a vendetta.
They accused Mike Cooley of fabricating the pipe story. Robert Woody said Baljit Athwal had baited the property, so it confirms what Cooley said. She talked about Eula Keys, Linda Sue Burns and the rest of the Cooley Clan, they all said the pipe was used as bait. Ricky Cooley ID’d Frank Carson as the one on the property. She said people are human and stories change and tend to morph a little bit.
There are 400 people that were interviewed in this case. It is a huge case. Many agencies involved and there are a massive amount of officers. All witnesses have different vantage points and Mike Cooley said it was Frank Carson’s brother. The witnesses saw a private investigator looking in the cars and they said Frank Carson said he was his brother, a private eye.
She talked about Praveen Singh’s own friend, said Frank Carson had threatened to kill who ever was stealing on his property. The witnesses said the same thing of the threats. Frank Carson said there was a path to the Mike Cooley house with property strewn down the path. The officer never saw the path or any belongings. She said these witnesses are thieves. Their word is not black and white, there are shades of gray in their testimony. There are many bad people in this world, but mostly good people. There are many reasons for people to steal, addiction is one of them. She talked about mental health issues and other things too. Mike Cooley told the truth about his life and was honest about what he said. Not one person lied about their criminal past. Officers weren’t able to locate stolen property at Mike Cooley’s house when they searched.
She said why didn’t they pink Korey Kauffman’s phone? Mike Cooley wasn’t interviewed until 4/28/2012. The phone had been off two weeks and you can’t ping it when it is off. They can’t show the 29th and 30th because they weren’t aware of the information at that time. She said the defense threw up smoke and mirrors that are distant from the facts. The defense said that Kevin Pickett said the 29th, but we had all these people, admittedly career criminals, saw Korey Kauffman on 3/30/2012. Marlisa Ferreira said she works for the people For the people of the state and is an advocate for public safety. Korey Kauffman never came home on the 29th, she said that is probably right. There is one member of the family who said they saw Korey Kauffman on the 30th and 31st too. Kauffman had told Mike Cooley he was going over to steal the pipes, but left in a different direction out the front door and then said something about going over to the mill to do some scrapping.
Marlisa Ferreira talked about Jim Cook. He had billed $354,000 prior to his testimony. So there was his testimony + $354,000. She said the defense over exaggerate what he got. She said Jim Cook’s maps don’t accurately represent the towers and obstructions of those towers. Jim Cook goes to the towers, looks for obstructions and takes pictures and has all the information readily available.
Marlisa Ferreira said then you look at Dr. Richard Leo. The defense also spent money on this expert. Jim Cook was paid $400,000. Dr. Leo was paid about $104,000. The big difference is that Jim Cook was hired in 2014 and looked at a million pages of call data records, powerpointed 1,000 slides and it comes out to about $40,000/year average. Dr. Leo was hired by the defense and he couldn’t say certain things, he could only talk about the techniques. Dr. Leo only gave no usable conclusion. Robert Woody was never interviewed by Dr. Leo. There is no way they could determine the effects without interviews and background.
There was an objection and sidebar.
Marlisa Ferreira said something to the effect, they got more bang for the buck out of Jim Cook.
She said Kevin Pickett didn’t say there were issues with Korey Kauffman and the Athwals. On the other hand, other witnesses said that Korey Kauffman told them he had issues with the Athwals. Scott Rollins said he watched the video, but didn’t know Korey Kauffman.
She talked about Kevin Pickett’s testimony. She said there was street talk. Kevin Pickett had mentioned the injury to his hand. Kevin Pickett put up flyers and looked around the area. She said Korey Kauffman injuries were in November 2011, which required major surgery. Korey Kauffman had helped somebody cut down a tree in January of 2012. Eula Keys saw him pulling a dolly behind his bike with that bad hand.
She said Mike Cooley described Frank Carson as his brother. He told Kirk Bunch it was his brother, until Kirk Bunch showed him a picture of Frank Carson. Why, she said, would Mike Cooley lie? Dave Shaw did not see the pipes on the property, but Mike Cooley told him about it. Mike Cooley pointed out pipes later to Jon Evers and Frank Navarro. If Mike Cooley had killed Korey Kauffman, why would he report him missing? Why would Mike Cooley cooperate so much? Others described Mike Cooley as upset and crying.
Faye Springer talked about the slits in the underarm of the jacket and shirt. In 2016 Robert Woody had already said that Daljit and Baljit were on the Frank Carson property. They were spot checking the property, as many other witnesses have testified about the Athwals. Many people saw and used the hole in the fence. Ryan Schmidt says the fence was fixed in 2011, but said people still were going onto the Frank Carson property.
She started talking about Robert Jaquish who got caught on the property. There was a major objection and sidebar. In the Ramey warrant, Robert Jaquish was quoted as saying, he got caught, there was a bulge under his shirt, but he didn’t see a gun. They used this as evidence that Frank Carson liked to use guns. He was caught in the barn, escaped and waiting in the park for 4 hours to turn himself into the police for trespassing. He has since passed away. They really weren’t allowed to talk about this evidence. After the sidebar Marlisa Ferreira moved on to a different area.
Marlisa Ferreira said there were no incidents in 2012 with Mike Cooley, but she says there were two in 2012. The gate kicking incident and Sabrina Romero heard the gate being kicked open and Frank Carson was in his car and got checked on by Officer Briggs, surveilling the Cooley property (the prosecution says). Eula Keys testified truthfully and it was a little different than Mike Cooley, but she didn’t see anything in anyone’s hands coming off the property.
Scott Rollins was given a deal? No. He was given immunity. There is a difference.
Sabrina Romero was given a deal? No She was given immunity. She had a pending case, so she had to give her immunity.
Marlisa Ferreira said a deal changes charges or time given. Well, that is exactly what happened, the charges were reduced dramatically.
Victor Navar and Robert Woody were given deals. Charlie O’Dell got a deal. If they lie, it is perjury and it is something they can do time for. They don’t want to be charged with perjury. Many of these people were problematic people, but not necessarily people who are liars.
Law enforcement officers who went to Frank Carson’s office, like Ken Barringer, in regards to Korey Kauffman. Frank Carson demands the questions be put in writing. Frank Carson wanted to know which investigators involved. It was Kirk Bunch, Frank Navarro, Steve Jacobson, Jon Evers? Frank Carson wanted information on these investigators so he could file declarations. She said it is a defense trick to distract from the evidence. Who has a motive to lie? Frank Carson facing homicide? Or Officers who have many cases pending and could be doing other things. She said Frank Carson was the provoker. The officers were just doing their job. Kirk Bunch did go to other areas to look for evidence, not just the Frank Carson property. She also mentioned in that office visit that the officer’s voices were calm, cool and collected and they weren’t out of control like Frank Carson was. Frank Carson had called his wife after the search warrant, the day after. Frank Carson did deny involvement talking to Georgia DeFilippo. Frank Carson said something to the effect, they can just go F—- themselves.
On July 15, 2012 the search warrant was done with dogs. They think Bobby was on the property. No one has talked to him yet. Marlisa Ferreira said, why would he say something like that? Then Frank Carson says: F&&^ them. She says why was he so angry? Frank Carson thinks they are tracking phones? It shows consciousness of guilt and state of mind. Except for the fact that they were wiretapping his phone.
Georgia DeFilippo called Frank Carson and said: Oh, they didn’t find any bodies out there? Frank Carson said No. Frank Carson told her the theory is that he hired people to kill other people and asked Baljit Athwal to keep his ears to the ground. I believe he said something to the effect the Indian guy keep his ears to the ground.
On July 15, 2012, Frank Carson told Ryan Schmidt they were just trying to work him over because they want him to come down the property so they can talk to him, because he had to make arrangements to buy new locks.
Marlisa Ferreira said Frank Carson had put some fear in Ryan Schmidt and formed an alliance. Frank Carson said he was going to deal with these “idiots”. Ryan Schmidt and Frank Carson were talking about the thefts by “dirtbags”. He called them F*&^ing crank addict was missing. Frank Carson said they were harassing the Indian community and Atallah (?) had worn a body wire. Frank Carson advised them not to talk to law enforcement. They were claiming they were getting harassed. Frank Carson wanted law enforcement to put their questions into writing for him. She played the audio of the body wire. Frank Carson said he had filed written complaints in regards to officers and also filed lawsuits and then some of the investigations were stopped. She said Frank Carson’s mother called him and told him they have a warrant and want to send the dogs on the property. He told her not to let them unless they have a warrant. Mike Cooley didn’t say that, he gave consent to search his property (I believe he was on probation though, so I don’t think he could have stopped it).
Marlisa Ferreira said this is primarily a homicide case and the defense’s claim that there is no hard evidence. How do you get hard evidence and what is normal? A circumstantial case is just as strong as an evidential case.
Marlisa Ferreira said many people saw Korey Kauffman on the 29th and 30th. Charlie O’Dell said Mike Cooley was dirty and said he just gotten rid of somebody when their car broke down. She said that is direct evidence (when somebody sees something). Hard evidence is direct evidence. Faye Springer testified to the bullet holes. They know Korey Kauffman was shot.
Kirk Bunch testified that Robert Woody, even though they didn’t have it on video, in Mariposa, he walked the road after making the turn and then walked to the spot where they put the body. They didn’t take video of that, but Cory Brown was down in the ravine and Robert Woody telling him to go. She said Robert Woody came within 3-5 feet of where Korey Kauffman was found. She said direct evidence in a circumstantial case in the eyes of the law is the same thing.
Frank Carson kept telling people over and over again not to talk to law enforcement.
Robert Woody testified he was telling the truth on the stand. She says it does not make sense, if people who don’t know each other are saying the same thing when they come in to testify.
The hallway incident with Steve Jacobson and Frank Carson. She said Frank Carson was the aggressor and provoked Steve Jacobson, creating drama. She says Alice Mims, 16 years later was still nervous and scared. She said Frank Carson screams, cusses and yells and it makes people afraid. Steve Jacobson was trying to diffuse that hallway incident. Frank Carson was trying to provoke him by pictures. She said Frank Carson and the Athwals are the aggressors in this case.
Marlisa Ferreira talked about Gary Harmer on blood analysis. When clothes and boots are exposed to the elements for 1 ½ years and samples degrade. They left the body on top of the ground for it to decompose. They did it deliberately.
James Emile, DOJ testified the 22 caliber bullet was most likely a Marlin rifle, there were 6 grooves. Scott McFarlane had a broken down barrel with a receiver on it, that he said he got a garage sale. She says, who buys that?
Steve Jacobson acts did not create a vendetta.
Marlisa Ferreira talked about Roberty Woody had cut off the fingers and toes, but the defense is saying total hands and feet are missing. She said animals are attracted to blood. She said the boots were torn apart by the animals up there, the tongues had been removed or torn out.
Praveen Singh is saying that he was a Fresno cop in the Federal Court case, but she noted Frank Carson had put Praveen Singh on the stand. He knew what he was going to say. She said Praveen Singh and Frank Carson knew each other. She said Praveen Singh is a Frank Carson person, not theirs.
Robert Woody, Marlisa Ferreira said, did not know Korey Kauffman.
Frank Carson told Praveen Singh that he took care of the problem of the thefts. He said the problem has been taken care of. She said the defense claims that Frank Carson at the flea market on Tuesday, but there was no testimony that he was at the flea market. Why lie to the office, if he was at the flea market, everybody knows he was a collector?
Was Eula Keys the only one that was calling Korey Kauffman’s phone? Law enforcement officers went to Frank Carson’s office and they were very calm, cool and collected and Frank Carson was the only one getting excited.
Marlisa Ferreira talked about Daljit Athwal. The Miranda Dykes body wire, said the body was on the ground and Robert Woody said Korey Kauffman was just wearing a shirt. Robert Woody had told family what had happened. Law enforcement officers were just following the evidence and Robert Woody was arrested. Robert Woody came to them, Victor Navar and Praveen Singh came to them to testify. The defense is claiming that Bruce Perry was not doing his job (it was actually Martin Baker). Robert Woody pled no contest to arson and manslaughter. He got 7 years and 4 months.
Oh by the way. This is me, not Marlisa Ferreira. When Robert Woody gets sentenced, because it has been some time now, it has been very close to time served. He is getting sentencing credits now, even though he is not sentenced.
Marlisa Ferreira said Robert Woody said Daljit Athwal and him had gone to the property after closing the store. Baljit Athwal was at the property and Daljit Athwal told Robert Woody, lets go, we have something to do. Robert Woody was trying to stop the Athwals from beating Korey Kauffman. She said Robert Woody not believable? He had told family about what had happened, his son and Robert Branco.
Marlisa Ferreira said the Jim Cook information showed who had Korey Kauffman’s phone. She is showing CDR’s on the overhead.
Eula Keys was calling Korey Kauffman’s phone, so was Kevin Pickett, Sandra Pickett and Laurie Freitas were also calling. Many other calls other than just Eula Keys. Sandra Pickett was calling repeatedly. Some were called when the phone was on and some weren’t, but every time Eula Keys called the phone was on. She says it is all smoke and mirrors.
She talked about the Jim Cook slides and his mistakes. The Big Oak Flat. for demonstration. is not to scale. Jim Cook corrected it on the stand and she said that actually enhanced the sector and put him more in the sector and didn’t change anything. (that’s not how I remember it).
Marlisa Ferreira talked about the 31 minute gap between texts from Sandy Villalobos until Daljit Athwal had responded.. She had Jim Cook, just check the ones in 2012. Jim Cook did not count other ones longer and the defense had him do more. She said there was a total of over 3000 texts between those two. That makes Jim Cook’s maximum percentage of error at 0.007%. She said there were four occasions after 11 PM that he did not call her back. She said it was weird there was an event that takes 31 minutes for him to respond back.
She said talking about Daljit Athwal’s cell phone information, the Frank Carson property is outside the overlap by 10-15% was changed a few years ago from 5-10% that is why there are differences in Jim Cook’s testimony.
On 838 South 9th Street, there were some obstructions that caused an overlap in this tower. She was putting up Google maps on the overhead and the AT&T cell tower site had Korey Kauffman’s phone. The SE Turlock Tower in the SE sector, which she is saying Frank Carson’s property was in. The SW sector does cover the property unless something is moving around. So it causes an obstruction for the other sector to pick up. Obstructions change sectors.
She talked about Christine DeFillipo’s text with her Mom with Frank Carson being on the property. She says there were activities that were 5 sec long calls on the different sectors. There are several dates she mentioned that Christine DeFilippo was vacillating between sectors. There were texts being sent that night. Going over a list of sectors that were done that night. She was changing sectors, obstruction causes changes of sectors. She made it sound like she was walking around the property.
Jim Cook did testify that Frank Carson’s property does stay in the SE sector. Jim Cook uses CDR’s and the defense agreed to some of the connections and vacillations in those sectors. Then in 2011 or 2012 or both, and some 2014 there were some other calls and texts also by Christine DeFilippo and others. There were vacillating between area sectors in those towers.
That is where we were at the end of the day. She still needs to finish Daljit Athwal and then go through Baljit Athwal. She will finish tomorrow. My understanding is the Judge gave Marlisa Ferreira a time limit tomorrow to finish.
We are starting at 9AM tomorrow. The Judge wants the jury to get instructions in the morning and then begin deliberations tomorrow. If it goes into next week, there are no court days with the jury in the month of July.
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There was a strong support group there today for Marlisa Ferreira. To tell you the truth, I think it was appropriate for them to do after the way things went the last three days. They were all supportive of her out in the hallway. Many family members, police officers, DA employees. They took up the entire left side. There was no seating available once everyone got in. I have no problem with her getting support like that. The family took up three rows. I hope they get what they are looking for, I’m just not sure they will. Like I always say: Don’t take my word for it, come to court (if you can get a seat) and find out for yourself. Good night everybody!
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