FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

FINAL DAY OF ARGUMENTS/REBUTTAL 06/25/2019

WEEK 55, DAY 188.

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

IF THAT’S ALL THERE IS

 

If that’s all there is, if that’s all there is, if that’s all there is my friends, then we’ll go dancing, we’ll break out the booze, and have a ball, if that’s all, there is. The late Peggy Lee’s song comes to mind tonight as I paint for you my last picture on what happened in the courtroom. The song has a melancholy feeling to it, and that is how I feel after 3 ½ years of experiencing the ups and the downs of the Frank Carson murder case. I have very little left to give at this point. This trial has consumed my life, but has blessed me at the same time. I have so many new friends, and a few people who probably hate my guts for what I have done. I have provided my readers with as much detail as I could, and have included my own opinion of what was happening. I was never shy about saying what I thought about things, but that is just my opinion. I will leave the truth of this murder to the hearts and the minds of my many readers. You judge for yourselves whether my opinion is correct or if it is incorrect. My heart goes out to the entire Kauffman family for the loss that you have suffered. My heart breaks for what the Carson, Athwal, Wells, McFarlane, and Quintanar families have had to endure. What happened to them was malicious, destructive, and unwarranted. This case was a war clothed in robes and initiated by false allegations. It never should have happened, but absolute power corrupts absolutely. I fully expect that the defendants will be found not guilty of all charges. What I witnesses today was a last ditch effort by Marlisa Ferreira to break all the rules in a desperate attempt to pull a rabbit out of her hat. I don’t think that it worked. It was not enough to cover half of what the defense had argued in their closing arguments. This case will be turned over to the jury tomorrow morning after they are given their instructions by the judge. I think that they will spend at least one entire day going through the evidence, and will come to a verdict on the next day. In the end, this case will be decided by reasonable doubt, and as Jai Gohel said in his closing arguments: “There is a mountain of reasonable doubt in this case.” The jury system is what I feel is the final check and balance between prosecutorial abuse and justice. I have learned that a trial has very little about what is the truth. The truth is hidden from the jury by clever legal maneuvers and technicalities. I have seen deliberate attempts by the prosecution to deceive the jury by taking statements out of context, and encouraging witnesses to change their testimony with the use of incentives. It may be the best criminal justice system in the world, but there are so many things that could be improved. The high cost of excellent legal representation prevents many people from getting equal justice under the law. It is debilitating, and can easily consume a lifetime worth of savings. I have seen this high cost ruin the lives of the defendants. They have lost almost everything. In the end, freedom is the most precious thing that any of us have. I hope and pray that the jury will restore freedom to all of the defendants, and will allow them the opportunity to put their lives back together. Thank you everyone who has walked along with me during this long journey. This is not the end. I intend to write a book, and expose this travesty of justice to many more people in the world. This type of prosecution happens all over our country. Somehow a way needs to be found to prevent this from ever happening again.

We start out this morning at 9:03AM with defense attorney Hans Hjertonsson arguing about how Marlisa Ferreira had used some cell phone analysis from disgraced cell phone expert Jim Cook. Hans states that these call data records are not in evidence. Hans states that he knows that Jim Cook has made numerous errors in his work. Hans states that Jim Cook indicated that he made 24 errors in his work. My feeling is that there are many more errors than that. Hans states that the jury should be told that this was not allowed, and that her arguments using this excluded evidence should be stricken. Marlisa Ferreira argues that she had moved these cell phone data records into evidence.

Hans Hjertonsson states that the CDR’s were taken out of evidence, and had been moved into exhibits. Judge Zuniga now goes into a lengthy process of researching this issue. After doing some analysis, Judge Zuniga tells Hans Hjertonsson that he is correct. She tells Hans that she is looking at the exhibit list. Marlisa Ferreira is having a fit, and Judge Zuniga tells her she needs to calm down. Judge Zuniga states that the issue is whether Marlisa Ferreira had given a redacted version of this cell phone data to her clerk. Marlisa tries to say that the clerk must have lost the redacted cell phone data that she had allegedly given to the clerk. Judge Zuniga has no part of that, and tells Marlisa Ferreira that her clerk would not lose the data if it had been given to her. Judge Zuniga is getting irritated, and tells everyone that she needs a break. At this time, I notice that our bathroom monitor Russkamp is once again in the courtroom. We are so protected by his presence.

After the break, Judge Zuniga announces that she has found what she was looking for. Judge Zuniga states that Hans Hjertonsson had brought up the issue of this thumb drive that contained a huge amount of cell phone data records along with a report that was written by Jim Cook. Judge Zuniga states that she had indicated that she wanted to retain this information for use by appellate judge’ use only in event someone gets convicted in this case. Judge Zuniga states that this thumb drive was remarked as an exhibit, and it will not go to the jury. Marlisa Ferreira does not accept Judge Zuniga’s ruling, and begins to throw another fit. She tells Judge Zuniga that the prosecution provided a flash drive to the clerk the very next day with the requested redactions. Marlisa Ferreira states that she does not know where the flash drive is at this time. Judge Zuniga: “Mam, my clerk did not lose any flash drive.” Marlisa argues that all of the defense attorney’s arguments are based on the cell phone data records. Judge Zuniga: “Mam, don’t do this.” Hans Hjertonsson states that he argued about 36 pages, and Judge Zuniga had agreed that this information was 352, and it would not go to the jury. Hans states that Judge Zuniga then suggested that it be put into exhibits. Hans states that these CDR’s are not in evidence, and because of this Marlisa Ferreira can’t use them to bring in things that Jim Cook did not testify about. Hans states that it was not everyone’s understanding that these CDR’s could be used. Marlisa had just argued that everyone had agreed that they could be used. Marlisa Ferreira does not seem to have any problem with telling lies to get her way in the courtroom. The only problem is that she is facing defense attorneys that are not letting her get away with her lies.

Jai Gohel states that his arguments were based on Jim Cook’s testimony and slides that he had produced. Jai states that Marlisa Ferreira should have asked the questions to Jim Cook when he was on the stand. Jai: “It is too late now.” Marlisa Ferreira has another fit, and goes into one of her patented rants. She looks like she is going to pop a fuse. Judge Zuniga tells Marlisa Ferreira that it was her responsibility to bring in a redacted thumb drive, and that her clerk did not lose it. Judge Zuniga: “You did not give it to my clerk.” It is now 10:51AM, and we take a break. The jury was supposed to have been given the case by now, and they have not even been in the courtroom. Marlisa Ferreira creates these problems that seem to prolong this case forever.

At 11:08AM, Hans Hjertonsson states that Marlisa Ferreira had taken 24 Jim Cook errors and devided that by 3700 text messages to come up with an error rate of 0.007% Hans states that if she had only focused on the text messages that were initiated by Sandy Villalobos, the error rate would be 10%. This seems to me to be another example of how Marlisa Ferreira has tried to deceive the jury with false evidence. Hans: “She is making inferences that are not in the evidence.” Judge Zuniga has Marlisa Ferreira put up what she calls the “Offending slide.” Judge Zuniga states that she is going to tell the jury that she had put up a slide that was disallowed, and that Marlisa Ferreira’s arguments concerning this are stricken. Marlisa Ferreira argues that she wants to use the text messages from 2012. Hans Hjertonsson states that the text messages are not in evidence. Judge Zuniga: “Mam, the CDR’s are not in evidence.” Marlisa Ferreira is going crazy, and keeps interrupting Judge Zuniga as she tries to speak. Marlisa must have been a spoiled brat when she was a kid. It is obvious that she is used to getting what she wants. It is now 11:20AM, and Judge Zuniga instructs the bailiff to inform the jury to go to lunch. We have wasted the entire morning.

Marlisa Ferreira will not stop arguing with the judge. She wants Judge Zuniga to accept a redacted version of the thumb drive. She states that if the redacted thumb drive got overlooked, the court has the discretion to allow her to provide one at this time. Marlisa Ferreira states that Hans Hjertonsson argued there are hundreds of Jim Cook errors. Marlisa Ferreira: “I will bring in a redacted version of the thumb drive tomorrow.” Hans Hjertonsson states that he was talking about a 24 hour period, and if you would extrapolate the errors, it would be 100. Marlisa Ferreira gets crazy again, and goes into another one of her rants. Judge Zuniga tells Marlisa: “Mam, I need Suzanne to translate something for me (from her transcriptions.) While she is doing this, she has Hans Hjertonsson go over some of the jury instructions.

Judge Zuniga tells Marlisa Ferreira that when this thumb drive was originally brought up, they were going through Hans Hjertonsson’s objections. She states that it became apparent that it was going to take a very long time to go through the entire thumb drive. Hans states that Jim Cook testified that did not rely on the thumb drive for his report, and he had deleted it. Marlisa Ferreira states that she had fixed the thumb drive, and had resubmitted it as an exhibit. Judge Zuniga tells her that she needs her office to determine the date that they had prepared the redacted thumb drive. Marlisa Ferreira states that her argument is that once it was stipulated it came in as an exibit, if it can’t be found that can be fixed. Judge Zuniga tells Marlisa that the purpose was for the thumb drive to be used by the court of appeal. Judge Zuniga: “What you are saying is inconsistent with the record.” Judge Zuniga: “You made a mistake.” Judge Zuniga: “You need to find in the record where it shows that the exhibit will come into evidence.” Judge Zuniga: “You withdrew the exhibit, and it was never fixed and resubmitted to the court.” Judge Zuniga: “Request Denied.” This whole morning was like pulling teeth. It is now time for lunch.

At 1:31PM, Judge Zuniga instructs the jury that Marlisa Ferreira had talked about the percentage of texts that were in error. Judge Zuniga states those arguments by Marlisa Ferreira and the slide were stricken.

Marlisa Ferreira now begins her second day of rebuttal. She was scheduled to only have 40 minutes to finish her rebuttal today. Marlisa speaks about the 31 minute gap between text messages between Baljit Athwal and his wife. It concerns a text that happened at 3:31AM on 03/30/2012. She states that there were no other times where it took that long for a text message to be answered. She calls this very unusual. Marlisa speaks about how data connections and refreshes are different. She states that a cell phone refreshes every hour on the hour. She states that a data connection happens every time an application is used on a phone. Marlisa Ferreira argues that data connections are reliable. Marlisa speaks about how Hans Hjertonsson had argued about what had happened with Kirk Bunch’ notes concerning his interview of Kevin Pickett. She states that the defense has argued that Kirk Bunch had lied about Kevin Pickett telling him that Korey Kauffman had gone missing on 03/30/2012. Marlisa argues that all three defense attorneys have said that she had attacked Officer Kim Briggs on the stand. Marlisa Ferreira states that nobody asked him to recheck where Frank Carson had allegedly been parked and doing surveillance of the Cooley property. Marlisa complains that Officer Briggs had not informed anyone that he was going to re-investigate the scene, but that she was not upset with what he had done. She was obviously upset, and treated him like he was a hostile witness on the stand. I think she was the one who was hostile with this witness.

Marlisa Ferreira speaks about Michael Manunakea. His testimony was unbelievable, and he was a joke on the stand. Marlisa questions who brought up his relationship with the Turlock Police Department. Marlisa: “I didn’t.” She states that his bad relationship with the Turlock Police is irrelevant. She states that his testimony is corroborated by the testimony of his wife. She states that his testimony is undisputed. I don’t agree with that one bit. She speaks about how Michael Maunakea had been taken to the hospital (Emanuel) by Officer Jesse Baucum after his arrest. She speaks about how Officer Baucum had performed a sternal rub on Maunakea while he was having a seizure, and how he did not understand what the officer was doing to him. She calls the defense arguments concerning Michael Maunakea as being: “Smoke and mirrors.” She speaks about how she had provided him a blurry picture to look at, and how he had mistakenly identified a picture as being a mini tape recorder that he alleges was used by Korey Kauffman to make a statement. Michael Maunakea had testified that the Turlock Police had seized this mini tape recorder, and had never returned it to him. Marlisa Ferreira states that it is: “My bad” for providing him the blurry picture. Marlisa: “Who knew that he would break down on the stand and cry when he looked at the picture?” Marlisa speaks about how Daljit Atwal allegedly told Robert Branco that Korey Kauffman “Wasn’t Listening.” Marlisa speaks about Victor Navar, and how he had provided information to the police concerning the Fox, and the Gustavo cases. She states that the Athwal brothers confessed to him because they trusted him. Victor Navar is the last person anyone would ever trust with anything. This man is an animal, and that is his nickname.

Marlisa Ferreira speaks about the Hodson’s and how the defense had argued that their testimony was not believable. Marlisa states that nobody in this case was treated any worse. She states that the Hodsons suffered consequences for cooperating with the investigators in this case. She speaks about how defense attorneys would not use them as Private Investigators anymore, and how their business has suffered. She speaks about how the Hodsons had testified about finding a dead rat on their door step. She questions why the Hodsons would have made this all up. She states all of this was done before the Frank Drummond case. I must note that I covered the Frank Drummond case.

Marlisa Ferreira states that Jai Gohel told the jury that the defense had written the jury a check. She tells the jury that the defense has argued that Robert Woody was coerced, and that he had told the investigators that the Athwal brothers had killed Korey Kauffman. Marlisa Ferreira states that Robert Woody’s story was backed up by the fact that he had told his family members details concerning the killing. Marlisa speaks about how the defense has argued that all the prosecution witnesses are liars, thieves, drug addicts, Felons, etc. I must agree that this is essentially true. She speaks about how the defense has argued that Michael Cooley is a member of the Arian Brotherhood. She speaks about how Frank Carson was found to have Nazi signs in his collection of antiques. I must note that these are very collectable, and are very valuable. I have a friend who sells antique toy soldiers. The Nazi toy soldiers are the most valuable of all toy soldiers. Why wouldn’t Frank Carson want to buy this stuff when he finds it for sale?

Marlisa argues that the defense has argued that Robert Woody had nothing to do with the killing of Korey Kauffman. Marlisa: “He plead to it.” I must note that this is the most disgusting thing to me. Robert Woody passed a polygraph examination when he said he had nothing to do with the killing of Korey Kauffman. The investigators then lied to Robert Woody, and told him that he had failed his polygraph examination. They then used their coercive interrogation techniques to get him to adopt their theory about what happened the night that Korey Kauffman allegedly was killed. This was how this whole case came to be. It is all based on a lie. Polygraph examinations can’t be used in a court of law. The prosecution has used this fact to hide what they have done from the jury. This whole case is what Marlisa Ferreira claims to be: “Smoke and mirrors.” It makes me want to puke thinking about what the prosecution has done. How the Kauffman family believes in the prosecution’s case confounds me. I guess they will feel better about everything when three innocent people are convicted for something they had nothing to do with. Their anger would be better placed against the people who are actually responsible for the death of their loved one. They are the victims of the “Smoke and mirrors” that the prosecution has fed to them. I feel sorry for them.

Marlisa Ferreira speaks about how the defense has argued that Kirk Bunch had threatened Robert Woody with the death penalty. She states that Robert Woody had asked him a question concerning this, and that Kirk Bunch had just answered his question. She talks about how the defense has argued that the investigators “Broke Robert Woody down.” Marlisa: “They told Robert Woody to tell the truth.” I must note that they were constantly feeding him the information that they wanted him to say was the truth. Robert Woody had no clue what actually happened the night that Korey Kauffman was allegedly killed. He wasn’t there. Marlisa speaks about how the defense has argued that Robert Woody had falsely confessed. She states that the defense has argued that the investigators tried to minimize Robert Woody’s involvement, so that they could make him think that they were trying to help him. Marlisa states that Robert Woody was an: “Aider and abettor.” Marlisa: “He didn’t show the intent to kill.” Marlisa speaks about Robert Lee Woody Jr. (Woodrow), and how he provided information to the investigators long before his dad got a deal. She speaks about disgraced cell phone expert Jim Cook, and how he had received two highest awards in 2011 and 2015 for his work as an expert witness in cell phone evidence. I note that the Modesto Bee is in the courtroom. I have actually been impressed with the last few articles that have appeared in the Modesto Bee. It is unfortunate that they did not do these type of articles all along during this travesty of justice.

Marlisa Ferreira speaks about the testimony of Lt. Commander Patrick Emery. She criticizes him for wearing his dress blue uniform to the courtroom while he was on leave. She tells the jury that he was trying to impress them. She calls this a misuse of the uniform. I think this argument will not sit well with the jury. Patrick Emery is a true American Hero, and has served his country with distinction. When you compare Patrick Emery in his dress blues with Robert Woody in all those suits provided by the prosecution, there is no comparison. When Robert Woody leaves the courtroom, he is back in his red striped jump suit where he belongs. She tries to show that Patrick Emery lied about towing some vehicles. The defense thoroughly proved that he did not lie about this. She criticizes him for getting drunk at Pop N Cork Liquors, and questions if he could remember what time he was there until that night. She calls his testimony: “All smoke and mirrors.” She speaks about how the defense argued that Korey Kauffman did not call Kevin Pickett on the 30th. She states that he was with Kevin Pickett on the 30th. That is not what Kevin Pickett said on the stand.

Marlisa speaks about Frank Carson’s neighbor Frank Borba, and how he required help because of his advanced age. The defense has stated that he would have heard gun shots if there had been any. Marlisa Ferreira now creates another situation. She speaks about Cathy Grinnolds saying that she had heard gun shots on the Carson property. This gets objected to, and the objection is sustained. Judge Zuniga sends the jury downstairs. Judge Zuniga tells Marlisa Ferreira that she kept talking over the objections of the defense attorneys. Hans Hjertonsson tells Judge Zuniga that Marlisa Ferreira has already done 41 minutes of her rebuttal. I guess she was given 45 minutes. Marlisa Ferreira goes crazy, and rants. Judge Zuniga states that she will be the one to decide how much time she has left. Judge Zuniga looks over Cathy Grinnolds testimony, and determines that Cathy Grinnolds was not sure when she heard the gun shots. Bathroom monitor Russkamp seems to be having some sort of hot flash, and is fanning himself in the gallery. Judge Zuniga decides that she will allow Marlisa Ferreira to read Cathy Grinnolds testimony concerning the gun shots to the jury.

It is now 2:35PM, and the jury is brought up to the courtroom. Judge Zuniga gives Marlisa Ferreira 20 more minutes to finish her rebuttal. Before the jury gets into the courtroom, Marlisa Ferreira gets very upset with the judge that she has only 20 minutes left. She looks like she is starting to panic. As the jury enters the courtroom, there is no fake smile on her face. She reads to the jury the testimony of Cathy Grinnolds concerning the gun shots. She tells the jury that Cathy Grinnolds identified two of the three defendants as being on the Carson property. Marlisa Ferreira now shows a picture of Frank Carson holding a box of Winchester 22 caliber ammunition. She states that Korey Kauffman was found in a place that was frequented by hunters. Marlisa Ferreira is in panic mode. She speaks so fast, that I can’t keep up with her taking notes. She speaks about the garden that was planted at Pop N Cork Liquors, and shows some pictures that allegedly show a spot where the grass was not growing. The defense has shown that this photo shows a shadow where she says the grass is not growing. She states that Robert Woody testified that the body smelled putrid when it was dug up. She gets into some cell phone data that results in the jury being sent down to the basement once again. She has done it again. She put up a slide that was presented in the Preliminary Hearing. That is not allowed normally. She argues with the judge, and the judge states she needs a break or she is: “Going to pop.” After taking a break, we are back in the courtroom. It is determined by all attorneys that the slide from the Preliminary Hearing is the same as one that was presented in the actual trial, except for a number change and the color of the numbers. There is talk about how Officer Sheri Hendrix in Mariposa had told Detective Jon Evers that Korey Kauffman’s cell phone had pinged in Mariposa at the time he had gone missing.

Percy Martinez has been away from the courtroom today, and his brother Daniel Martinez is representing Frank Carson. He is also a lawyer. What a great family. Daniel Martinez states that the slide is confusing and misleading. Judge Zuniga states that she will allow Marlisa Ferreira to use the slide to make her rebuttal arguments. She tells Marlisa Ferreira that she will have to make it clear to the jury that this is from the Preliminary Hearing, and it is essentially the same as what was presented in the actual trial.

It is now 3:20PM, and Marlisa Ferreira has no fake smile as the jury is brought back into the courtroom. She goes into a machine gun delivery of frantic arguments to the jury. She has said all of this stuff before, and I stop taking very many notes. She has said all of this stuff before. She criticizes Jai Gohel for his story about the fat guy having a Pepsi and a Payday Candy Bar. She states: “These three people are not innocent.” She goes through a list of the witnesses, and said that they did their best. She states that their character was shown by what they admitted to doing. She speaks about Faye Springer, and how she testified about finding 2-3 bullet holes in the back of the Carhart jacket. Judge Zuniga: “You have five minutes left mam.” She goes into another level of panic. Marlisa gives a staccato explanation of what reasonable doubt is. She states that the post murder silence is deafening. She states that Korey Kauffman was a victim. She tells the jury in a cracking voice: “You decide.” She is done. Judge Zuniga tells the jury to be back at 9:00AM tomorrow when she will give them their instructions, and will hand the case over to them for deliberation.

I will not be able to be in the courtroom tomorrow. I have a previous commitment to be out of town with my wife. It has been my honor the last 3 ½ years to provide you with the details of what I feel is a terrible travesty of justice. I appreciate all of your kind words, and hope that my work will somehow stop this from ever happening again in Stanislaus County.

Sincerely; William Thomas Jensen (Tom)

2 Comments

  1. So well said! You and Marty are so appreciated.

  2. Thank you, thank you, thank you!! I will buy your book. My husband said he thought this trial would work well as a season in “Fargo” on TV.

    I am so sorry for Kory Kauffman and his family. They will receive no justice from this 3’1/2 years of stupidity and a huge waste of money for the taxpayers of this county. What the county has done to the defendants is unforgivable. I hope someone pays for this travesty.

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