FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

WEEK 55, DAY 187 06/24/2019

PART ONE OF MARLISA REBUTTAL

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

TOO MANY HOLES IN THE DIKE

 

Marlisa Ferreira began her rebuttal arguments at 1:09PM this afternoon. At the end of the day, it is announced that she was given some more time to finish her rebuttal tomorrow morning. Judge Zuniga announced that she will then give the jury their jury instructions and turn the case over to them by 12:00PM. I am not sure how much extra time she is going to get, but she needs every minute of it. What I witnessed today is not enough to counter the countless reasons why they should find these defendants not guilty of all charges.

Marlisa Ferreira begins her rebuttal at 1:09PM. She tells the jurors that this will be the last time that they will be hearing from the prosecution. She tells the jury that rebuttal is allowed for the prosecution because the People have the burden of proof. Marlisa tells the jury that she will not have enough time to hit on everything. I have a picture in my mind of the little Dutch boy trying to plug all the holes in the dike and running out of fingers. Marlisa starts out by trying to counter the defense’ argument that DA Investigator Steve Jacobson has bias against Frank Carson. She states that Steve Jacobson had no involvement with this case until 2014, and had no personal contact with Frank Carson at all. She states that he was involved in running the wiretaps, and handling Robert Woody only. Marlisa Ferreira states the argument that he has bias is a red herring. Marlisa states that Jacobson and the other investigators testified under oath. Marlisa states that there is no proof of any of the declarations that were made by Frank Carson as being true. Marlisa Ferreira takes a stab at the Modesto Bee by saying that what they have written about her is not true. Marlisa: “None of it is true.” Marlisa states that the defense is trying to undermine the integrity of the officers. She speaks about the allegation that Kirk Bunch had told an in-custody that Frank Carson had ratted him out, and had thrown him under the bus. Marlisa states that this evidence will only be allowed to evaluate state of mind, and nothing else. Marlisa questions if there is any evidence that would support this assertion by the defense. She tells the jury that the defense wants them to believe everyone is lying. She speaks about how the investigators were diligent, and followed the evidence, and obtained all the lab reports.

Marlisa Ferreira states that on 04/04/2012 Kirk Bunch wrote in a report that Frank Carson had a motive to kill Korey Kauffman. She states that the police had multiple contacts with Frank Carson in 2011. She states that Kirk Bunch was aware of the threats that had been made against Michael Cooley. Marlisa now speaks about the Sabatino case that ended in a hung jury. She states that there was a change of DA’s at that time, and Birgit Fladager elected to not re-try the case. Marlisa states that the defense argued that Michael Cooley fabricated the pipe story. Marlisa states that this was corroborated by Robert Woody, Linda Sue Burns, Ricky Cooley, and Eula Keyes. I must say that all of this corroboration comes from the “Cooley gang.” Marlisa states that Robert Woody said: “They baited the property.” Marlisa Ferreira is pacing back and forth in front of the jury like an entertainer would in front of an audience. She talks about the over 400 people that were interviewed for this case. Marlisa Ferreira: “This case is a roller coaster.” She speaks about the long list of agencies that were involved in this case.

Marlisa Ferreira states that there is no evidence that Terry Carson was the one who had threatened Michael Cooley. She states that the defense wants the jury to think that the “I will shoot you dead” threat never happened. She states that this is corroborated by Praveen Singh, Michael Cooper, and Charlie O’Dell. Marlisa speaks about how Praveen Singh was Frank Carson’s friend, and had been known by Frank Carson since he had been a little boy. Marlisa states that the police were not called every time there was an incident. She states that the police were not called for the gate incident. Marlisa now states that the defense has told the jury that the witnesses are all thieves. Most of them are also drug addicts, felons, and we even have one who was convicted of voluntary manslaughter. Marlisa Ferreira states that she can tell the jury that there are a lot of shades of gray in life. She states that Michael Cooley admitted that he was stealing from the Carson property. Marlisa: “He told the truth.” Marlisa states that not one of her witnesses lied about their convictions. She speaks about Officer Lee Medlin, and how he had not found any stolen property at the Cooley house. Testimony shows that it was taken to Linda Sue Burns’ house. Marlisa states that the defense is all “Smoke and mirrors.” She tells the jury that: “They weren’t killers.”

Marlisa Ferreira states that the defense has argued that the investigators should have pinged Korey Kauffman’s cell phone. Marlisa states that Kirk Bunch was not able to do so until April 28, 2012. I think this could have been done earlier if the investigators had been doing their job properly. Marlisa Ferreira now gets into the argument that Korey Kauffman disappeared on March 29, 2012 rather than March 30, 2012. She states that Tony Kauffman did not have all the information when the headstone was made. My thought is that could have been corrected if it were wrong, and Tony Kauffman would not want the wrong date to be on his son’s headstone. Marlisa states that the date is not really an issue. She speaks about how the charges state he was killed “On or around” March 30, 2012. None of the cell phone data is relevant if he was killed on March 29, 2012. Marlisa states that there was testimony that Korey Kauffman was seen on March 30, 2012.

Marlisa Ferreira apologizes to the jury if she offended them with her actions. She disputes that Jim Cook was paid $500,000.00 for his work. She states that Jim Cook did not use Google Maps for his analysis because it did not take into account obstructions. She tries to show what a bargain Jim Cook was for the work that he did compared to what Dr. Leo was paid for less work. She states that Dr. Leo’s work resulted in no usable conclusion. She complains that Dr. Leo did not interview Robert Woody. We have a side bar. After the side bar, Marlisa states Dr. Leo did not interview Robert Woody to see if he was susceptible to interrogation techniques. Marlisa states that the Robert Branco interview happened before Robert Woody was arrested. Marlisa states that the prosecution got “More bang for the bucks than the defense got for Dr. Leo’s testimony. I don’t think the jury believes that for one minute. I certainly don’t. Dr. Leo was great on the stand. Jim Cook got destroyed, and caught in many errors.

Marlisa Ferreira states that Korey Kauffman told Kimberly Stout that he had problems with the Athwal Brothers. Marlisa speaks about the testimony of Michael Maunakea. I think the jury does not believe any of his testimony. He was thoroughly impeached. Marlisa speaks about the testimony of Scott Rollins. Testimony showed that he was not sure who he witnessed fighting on the video he allegedly saw at Pop N Cork Liquors. Marlisa states that Kevin Pickett did not fill out his day planner until about 10 days after Korey Kauffman had gone missing. She states that Kevin Pickett is not good with dates. She states that Michael Cooley did not realize it was Frank Carson who threatened him until he had been interviewed a couple of times. Marlisa states that Detective Jon Evers testified about the pipes, and had said that Michael Cooley had shown him the pipes. Marlisa: “If you killed a kid, why would you report him missing?” My answer to that would be to deflect you guilt.

Marlisa Ferreira speaks about Faye Springer, and why Kirk Bunch would not investigate the slashes under the armpits of the Carhart jacket. She states that Robert Woody had already confesses. She makes some mention of the flat tires and the hole in the fence. Marlisa states that the prosecution knows that things were stolen from the Carson property after January of 2011. Marlisa Ferreira tries to speak about Robert Jaquish. This gets loud objections from the defense, and there is a side bar. She was barred from bringing him up because he is dead, and can’t be cross examined. Marlisa Ferreira does not seem to follow the rules at times. Marlisa Ferreira speaks about how Michael Cooley said that Frank Carson had been watching the Cooley house from across the street. Officer Kim Briggs went back to the scene, and proved that Frank Carson could not see the Cooley property from where he was parked, and was actually watching his own property.

Marlisa Ferreira brings up Sabrina Romero, and how she did not get a deal. She states that she was given immunity for her testimony. Sabrina Romero embezzled a large amount of money from a dentist in Turlock, and was able to walk away with nothing. I would call that a deal. Marlisa Ferreira states that the only witnesses that got deals were Victor Navar, Robert Woody, and Charlie O’Dell. Marlisa Ferreira: “Who has the motive to lie, Frank Carson or the officers?” Marlisa argues that Frank Carson said the officers were provoking him. Marlisa: “Frank Carson is the provoker.” Marlisa brings up the wire-tapped call where Georgia DeFelippo jokingly had asked Frank Carson if: “They had found any bodies over there?” Marlisa states that Frank Carson said that he didn’t want to talk on the phone. She plays a tape recorded call where Frank Carson is heard saying: “I didn’t do it.” On the same call, he is heard about how a woman in the cottage had said they had boarded up the barn, and how he said: “They can just all fuck themselves.” Marlisa: “Why be so angry?” She plays some more tapes that contain some foul language. She plays one call where Frank says he thinks the investigators are tracking his phones. Marlisa states this shows that Frank Carson has a guilty conscience. One of the calls has Frank Carson saying: “They think I hired some thugs.” Marlisa: “How does he know that?” Marlisa states that this proves Frank Carson was communicating with the Athwal brothers. Another taped call has Frank Carson telling Ryan Schmidt: “They are going to work you over.” Marlisa: “He’s putting the fear into Ryan.” Another call has Frank Carson saying: “I am going to deal with these idiots.” It is now 2:40PM, and we take a twenty minute break. After the break at 3:05PM Marlisa plays another wire-tapped call where Frank Carson said: “Those fucking dirt bags that stole our shit.” Frank Carson also spoke about “Some fucking crank addicts.”

Marlisa Ferreira speaks about Frank Carson harassing the Indian community. She speaks about Amil Atalaha, and how he wore a body-wire to capture Frank Carson. She states that nobody was defending the rights of Korey Kauffman. Marlisa Ferreira speaks about how Frank Carson spoke about filing a written complaint to the city council, and: “Then it stopped.” She speaks of a wire-tapped call from Frank Carson to his mother where she tells her to make the investigators get a search warrant before they could search her property. Marlisa states that Michael Cooley allowed his house to be searched without a search warrant. Marlisa states that the defense has argued about the lack of hard evidence in this case. Marlisa states that Korey Kauffman’s body had already decomposed.

Marlisa Ferreira speaks about the testimony of Charlie O’Dell where he picked up a muddy Michael Cooley, Eula Keyes, and Keith Hobbs in Escalon after “Getting rid of someone in the mountains.” She speaks about how Charlie O’Dell had gotten out of jail, and saw them 2 days later. She states that it is speculation what “Got rid of somebody” means. That is a very weak argument on this subject as far as I am concerned. Marlisa states that hard evidence is direct evidence. She calls the testimony of Faye Springer hard evidence. Marlisa speaks about how Kirk Bunch testified about how Robert Woody had walked down the road in the mountains and stopped and said: “This is it.” She speaks about how Woody testified about going to the turn around, and was able to point out within 3-5 feet of where Korey Kauffman’s body had been found. She talks about the phone evidence, wire-taps, and body wires. She states that circumstantial evidence is the same as direct evidence in the eyes of the law. Marlisa: “To believe everyone is a liar is to fall into their tap of a conspiracy.” She talks about the infamous bathroom break. Marlisa: “Did they beat him?” She speaks about the Steve Jacobson incidents. She states that Jacobson was the “Wire room guy.” Marlisa speaks about the hallway incident in 2010. Marlisa states that Frank Carson was the aggressor, and was creating drama. She states that Frank Carson makes people afraid of him. She speaks about how DA Prosecutor Alice Mimms was trembling on the stand because she was afraid of Frank Carson 9 years later. Marlisa: “Frank Carson imtimidates people.” “That is who he is.” “That is what he does.” Marlisa states that this is a long difficult case, but not in principle. She states that Frank Carson is a bully.

Marlisa Ferreira now speaks about Gary Harmer, and how the defense had argued that there were no bloody socks. She states that when things are exposed to the elements, that the blood evidence degrades. Testimony showed that one of the boots was almost completely intact, and no blood was detected inside of the boot. I think the inside of the boot would have been protected from the elements. Blood samples from the pyramids have been found that are still able to be detected and analyzed. Marlisa states that is why the body of Korey Kauffman was left on the ground. Marlisa Ferreira speaks about how the bullet that was found under the remains of Korey Kauffman had a “Six to the right” set of lands and grooves that would show it was fired from a Marlin 22 caliber rifle. She states that testimony shows that Scott McFarlane claimed he bought a barrel from a Marlin rifle at a garage sale. Marlisa: “Who does this?”

Marlisa Ferreira speaks about Praveen Singh’s Federal case, and how Frank Carson had put him on the stand. She speaks about how Praveen Singh had worked for Frank Carson, and how Frank Carson had known him since he was a child. Marlisa Ferreira states that he testified without a deal. I know for a fact that a deal is in the works. Marlisa told Judge Zeff in open court that she will be filing papers to dismiss his charges in Stanislaus County. I was there. Marlisa Ferreira states that nobody testified in court that Frank Carson was at the flea market on Tuesday mornings.

Marlisa Ferreira goes into the defense’ argument that Eula Keyes was the only one to be able to connect with Korey Kauffman’s cell phone after he disappeared. She states that is not true. She lists other people who also connected to the cell phone. This included Kevin Pickett and others. She speaks about how Frank Carson had demanded that the investigators put their questions into writing, and had demanded that the investigators “Get out” when they came back for the second visit to his law office. Marlisa states that on 08/14/2015 Frank Carson had denied involvement in the killing of Korey Kauffman on a phone call, and had said that the officers had created evidence. Marlisa states that the officers were following the evidence. Marlisa speaks about how the defense has argued that Robert Woody’s attorney Martin Baker, and Robert Woody’s attorney Bruce Perry were not doing their job. Marlisa speaks about how the defense has argued that Robert Woody is not believable. She states that Robert Woody lied when he was told to keep his mouth shut.

Marlisa Ferreira speaks about how the defense has argued that Jim Cook’s testimony is unbelievable. She states that Eula Keyes was not the only person to be able to connect to Korey Kauffman’s cell phone. She states that the defense neglected to bring up other pages of the cell phone analysis that showed the phone connected to Kevin Pickett, Kevin Pickett’s wife, and Lori Freitas. She calls this argument “Smoke and mirrors.” She states that Jim Cook made two mistakes. She states that Jim Cook’s error concerning Baljit Athwal being in the mountains on 06/26/2012 actually extended the coverage of the coverage of the cell phone site. She speaks about the infamous 31 minute gap where Baljit Athwal did not respond to his wife’s text. She speaks about how the defense has argued that there were 24 other occasions where there was a gap this long. She does some calculations, and somehow comes up with Cook having an error rate of 0.007%. Later on today, Hans Hjertonsson points out how she skewed this result by including years of test messages that were not included in the defense arguments. I call this “Smoke and mirrors on her part.” Marlisa speaks about the Dunkirken case where the defense had said that Jim Cook lied when he said he always used a 10-15 degree overlap. The defense showed that in the Dunkirken case Jim Cook had used a 5+10 degree overlap. Marlisa states that this is because technology had changed, and the overlap had increased with the change in technology to accommodate the increased number of cell phones in use.

Marlisa Ferreira speaks about how the defense has argued that the cell phone data proves that 838 9th Street is outside of the coverage of the cell tower in Turlock. Marlisa states that this is because of obstacles that impede the cell phone signal in places. She speaks about the vacillation that can be shown with Christina DeFelippo’s cell phone when she was on the Carson property. She speaks about how Christina DeFelippo was texting her mother while on the property, and the call vacillated between 110 degrees and 230 degrees. Marlisa states that this proves that obstructions were present, and that they were causing the vacillation. Marlisa states that this proves the defense is wrong when they argued that Frank Carson’s property was out of the coverage area of the cell phone site. Marlisa Ferreira: “You can’t dispute the phone records.” It is now 4:10PM, and Marlisa Ferreira is done for the day. Judge Zuniga states that she is going to allow her some more time tomorrow morning at 9:00AM, and that the case will be handed over to the jury by 12:00PM. I will be there to report on what happens. We are close to the end of this thing. There is no way she can win this case. You can take that to the bank.

Sincerely; William Thomas Jensen (Tom)

1 Comment

  1. Marlissa’s statement, “There are several shades of gray in life” poignantly summarizes the theory of her case, and her conscience. IMO.

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