SHOCKING MISCONDUCT REVEALED IN MOTION TO DISMISS
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
It has been quite some time since I last wrote an article on this case. We have been in a holding pattern, waiting for January 9th, 2018. That is when this case will actually go to trial.
Today, we spent the entire day hearing arguments on a motion to dismiss due to prosecutorial abuse. Defense attorney Robert Forkner spent 5 hours detailing what he felt were the most serious instances of this abuse. When we left for our lunchtime break, I felt that there was no way that we would ever complete this hearing by the end of the day. I was wrong. I will now try to paint yet another picture for you of what I witnessed in the courtroom, mixed with some of my opinions.
Today was supposed to start out at 9:30 AM in Department 2 of the old courthouse. We sat outside of the courtroom until 10:23AM waiting to be allowed inside. Judge Zuniga was presiding, and she virtually never starts out on time. It frustrates me, and I am sure it has contributed to the excessive length of this case.
This is what the judge called a 995 hearing. We start out with the judge talking about starting the preliminary hearing for the CHP Officers on August 29th. She states that it should last until around September 15th. After this, the judge talks about moving this up to September 22nd to resolve some scheduling conflicts. Talk then goes about a 1385 motion. I am not sure what that refers to. Defense attorney Hans Hjertonsson joins in on this motion. An attorney named Pat Chaka (sp?) is filling in for Jai Gohel in representing Baljit Athwal today.
Judge Zuniga now speaks about a motion where the defense had asked for the identity of an informant. Prosecuting DA Marlisa Ferreira states that the people have no objection to disclosing the identity of this informant. One of the audience members suggested to me that this informant was former Sheriff’s Deputy Carrie Abby, but I do not know if that is true or not. Judge Zuniga agrees to sit on the 1385 motion. She states that she has read Robert Forkner’s binders, and the opposition to it from the prosecution.
Robert Forkner now begins five hours of his arguments concerning the voluminous misconduct that has been conducted by the prosecution during the 18-month preliminary hearing. He states that this case revolves around the Poletti (sp?) case. This case deals with what he called the commuted error doctrine.
Forkner speaks about day one of the preliminary hearing where an employee of the Department of Justice named Sanchez focused about the garage on the Carson property. Forkner stated that the misconduct started out on day two of the preliminary hearing with the testimony of Cathy Grinnolds. Forkner states that DA Investigator Kirk Bunch had spoken to Ms. Grinnolds previous to her testimony, and had withheld evidence that she had seen 3 men on the roof at the Carson property. Robert Forkner states that the prosecution was admonished by Judge Zuniga concerning this matter concerning willful non- disclosure of evidence. Forkner stated that defense attorney Percy Martinez demanded an offer of proof from Marlisa Ferreira, and that she refused. Forkner states that the information had to come out on his cross examination of Grinnolds. Forkner then states that Marlisa Ferreira moved to strike the testimony of Cathy Grinnolds, and said that she was simply too busy to disclose the evidence. Forkner states that the judge called this an example of “Bad lawyering.”
Robert Forkner now goes into the testimony of Eula Keyes, and states that the day after she was done testifying, Marlisa disclosed that Eula Keyes son had been involved in a brutal armed robbery, and that the case had been rejected by the Stanislaus County DA’s office for prosecution. Forkner states that items were found in Keith Hobbs car that included property from the armed robbery and weapons involved with the crime. I guess it pays to testify at court for the prosecution. It could protect your family members from prosecution. What a country!
Robert Forkner now goes into the testimony of Linda Burns. He states that Linda Burns testified that she had committed no thefts from the Carson property. He states that Kirk Bunch and Marlisa Ferreira both knew that this was not true. He mentions a man named Mark Cavenaugh, who was introduced by Linda Burns to Eula Keyes. Mark Cavenaugh was the alleged “fence” who they would sell the stolen goods to. I believe he lived in Sonora at the time. Forkner states that Linda Burns finally admitted a lie on the stand, and that Marlisa Ferreira had known that it was a lie. Forkner states that this is suborning perjury.
Forkner states that Eula Keyes denied any thefts from the Carson property during his cross examination of her. He states that Eula Keyes testified that her Father in Law had given her the set of antique oil bottles that had actually been stolen from the Carson property. He states that Kirk Bunch and Marlisa Ferreira knew of these thefts, and were again suborning perjury. He states that the cumulative effect of all of this is denying the defendants from due process. He states that the defendants were sitting in jail, while the prosecution was withholding exculpatory evidence, and suborning perjury. Forkner states that he orally moved to have all charges dismissed, and was told by the judge that he would have to do a motion. He states that Marlisa Ferreira stated: “Bring it on.” Forkner states that: “We have done that.”
Robert Forkner now goes into Michael Cooley. He states that Marlisa Ferreira said that Michael Cooley was promised no jail because he was too sick. Forkner states that this is not true. Forkner states that Michael Cooley got released on his own recognizance. He asks the court if this was not a benefit. Forkner states that Kirk Bunch gives the go ahead on this, and that the defense only found out about it until after the 402 hearing. Robert Forkner speaks about how Marlisa Ferreira kept saying that there was “No formal agreement” concerning Michael Cooley.
Robert Forkner states that the prosecution made the preliminary hearing go on and on till December 22nd, 2016, when Judge Zuniga released all the remaining defendants in custody on their own recognizance. Forkner states that nobody has ever heard of another case where Murder defendants with special circumstances were released on their own recognizance.
Robert Forkner speaks about some court records on Keith Hobbs that had been withheld by the prosecution. Marlisa Ferreira had stated in court that the defense could have obtained these records from the court by request. Forkner states that Marlisa Ferreira and Kirk Bunch knew that this would not work in Stanislaus County.
Robert Forkner now goes into Sabrina Romero. He called her testimony appalling. He said she was called as a percipient eye witness to threats that were made. Forkner states that during cross examination he was able to get her to testify that Justin Reedy had told her about the alleged threats. Robert Forkner states that Kirk Bunch’s report on Sabrina Romero clearly shows that the prosecution was suborning perjury with the testimony of Sabrina Romero.
Robert Forkner now goes into Linda Burns, and her testimony concerning pipes on the Carson property. Forkner states that Linda Burns remained uncharged for her crimes because of her testimony. He stated that Kirk Bunch had met with Linda Burns prior to her testimony, and that it was after this meeting that she testified about pipes being set out as bait on the Carson property. He stated that Linda Burns had testified that she was “Too scared” to say anything about the pipes earlier.
Robert Forkner states that Eula Keyes was given drug diversion instead of jail on a drug conviction even though she was ineligible for such diversion by law.
Forkner now speaks about how Ronald Cooper was involved in a home invasion where he hurts his girlfriend. He speaks about how Marlisa Ferreira had met with Cooper at his prison where he was facing 27 years of incarceration in 2013. Forkner states that Cooper’s sentence was reduced to four years. Forkner states that Marlisa had denied 5 times that any deals had been done for Ronald Cooper. Forkner: “We saw him in recorded interviews asking for a deal.” Forkner says that Kirk Bunch can be heard telling Ronald Cooper: “We’ve got the juice.”
Forkner briefly goes into how the prosecution had resisted the term “Task Force” for the first 6 months of this trial. He stated that this was due to the inference that the “Task Force” would be using Federal dollars in its investigation. There has been some talk in the past that the “Task Force” had diverted drug/gang enforcement dollars into this investigation. I do not know if this is true or not. Robert Forkner states that the misconduct came up on a day to day basis.
Robert Forkner now goes into the testimony of TJ Samra Singh. He states that Marlisa and Bunch went to his home and confronted him before he testified. Forkner states that they told TJ that Robert Forkner was going to come over with some papers for him to sign. Forkner states that they told TJ: “Don’t sign the papers.” He said they began advising him on the law. Forkner states that TJ was a former client, and that it was improper for them to do so. Forkner: “That can’t happen.” Forkner now states that Kirk Bunch had told TJ: “We weren’t here.” Forkner calls that consciousness of guilt for Kirk Bunch. He states that Marlisa had said: “I know I am going to regret this” before she allowed him to testify out of order. Forkner states that TJ had been threatened by Kirk Bunch. Forkner states that Marlisa Ferreira had tried to blame the court for this whole situation. Forkner states that TJ had a warrant for his arrest, and that Kirk Bunch knew he had a warrant for his arrest before he testified. Forkner states that Kirk Bunch had several meetings with TJ before he testified, and never had him arrested for his outstanding warrant. Forkner states that TJ Samra Singh had angered Marlisa Ferreira with his testimony, and that she blurted out in the courtroom that he had an outstanding warrant. Judge Zuniga had to have him arrested on the spot. The “B Word” comes to mind to me at this time. Forkner calls this: “Blatant Misconduct.” It is now time for us to take our lunchtime break.
Like usual, we start out in the afternoon a half hour late. Judge Zuniga can hardly ever start on time. Robert Forkner continues his presentation of misconduct in this preliminary hearing. He starts talking about Patrick Hampton. He is what many of us call Mr. F Bomb. Hampton has mouthed the F Bomb to many of us during his testimony. Forkner speaks about how Marlisa Ferreira steadfastly denied that Hampton was an informant that had been used in the past, and on this case. Forkner states that Hampton had worked for the DA’s Office previously, but that Marlisa had stated that she was unaware that he had done so. Forkner states that that was untrue. I call it a lie. That is much more accurate. Forkner states how Kirk Bunch had told Hampton that: “I’ve dealt with you on a previous case, and you were very reliable.” (Defense #87.” Forkner: “We found out through documents that 20 years ago he worked on a case with Brad Nix of the Stanislaus County DA’s Office. Forkner: “This was calculated.” Forkner states that Hampton was moved from Pelican Bay to a prison in Susanville. Forkner states that this was: “A Huge Benefit.” Forkner states that Hampton had two cases pending against him that concerned a stabbing and a shank. Forkner states that Brad Nix told Hampton: “Don’t Worry.” Forkner states that the DA had all this information in their possession, but withheld it from the defense. Forkner calls this: “A pattern to withhold.” Forkner states that Marlissa Ferreira had accused the court of putting Hampton at risk.” Forkner states that Stanislaus County had essentially issued a: “Get out of jail for free card.” Forkner states that only after the Hampton incident in Oakdale did the prosecution admit that they were communicating with Hampton.
Forkner now speaks about the polygraph examination of Robert Woody that was denied by Marlisa Ferreira. He states that Marlisa and Kirk Bunch knew about the polygraph examination when they denied it in the courtroom. I call this another lie.
Robert Forkner states that Marlisa Ferreira had made allegations that Frank Carson had represented Robert Woody and Ronald Cooper in the past. Forkner: “Evaluation of the records indicate that not one time did Frank Carson represent either man.”
Robert Forkner now states that Marlisa Ferreira had made false accusations to judge Manukian in the Bail Hearing. Forkner states that the stolen book alert made no mention of Korey Kauffman as contended by Marlissa Ferreira.
Forkner states that Detective Dale Lingerfeldt had made false accusations about Daljit Atwal being a gangster and a Northern Rider. Forkner: “That is not true.”
Forkner states that on March 11, 2016 Marlisa Ferreira continued to maintain that Patrick Hampton was not an informant. He states that Hampton had tested dirty on 15 drug tests, but was not violated for any of these dirty tests.
Forkner now speaks about the invasion of Frank Carson’s Law Office. He states that Marlisa Ferreira had lied about Frank Carson not knowing who was invading his office. He states that Detective Bejarin had said that the DA had a significant interest in the Carson case.
Forkner states that Korey Kauffman was last seen leaving Michael Cooley’s property until very late in the testimony.
Forkner states that the prosecution violated the judge’s orders by talking to Patrick Hampton after the Oakdale incident. Forkner states that Hampton spent 10 hours at the DA’s office talking to Steve Jacobson. At this time, I notice that Kirk Bunch is very nervous, and is fidgeting with his pen.
Robert Forkner speaks about Judge Manukian’s Discovery orders, and Judge Zuniga’s Discovery orders that were never followed.
Forkner now speaks about how Judge Zuniga released all the in-custody defendants on their own recognizance, and how he had never seen this before in a Murder case with special circumstances. Forkner states that Marlisa Ferreira stated: “I feel like I am being sucker punched.”
Forkner states that it was HUGE where Marlisa Ferreira talked about a bullet being found in the body at the Bail Hearing. He speaks about how Judge Manukian asked her about this, and that she knew full well that the bullet was found days later, and that they could not even be sure that the bullet was found where the body of Korey Kauffman had been found. The bullet was actually found in the ground in an area where many bullets have been fired by hunters in the past. Forkner speaks about how Marlisa Ferreira spoke about a bullet hole in the jacket. Evidence shows that the jacket is full of random holes after being exposed for an extended time to the elements. None of the holes match up to show a “through and through” path through the jacket. Forkner states that Detective Corey Brown could: “Not see any such holes” in his cross examination.
Forkner states that Cathy Grinnolds stated on cross examination that she heard no threats, and that Frank Carson was calm and civil to her. Forkner states that Frank Carson did not threaten any of the witnesses.
Forkner now goes into Beverly Woody, and how the prosecution was proffering her as a witness without any foundation. Forkner states that the prosecution was suborning perjury with Beverly Woody.
Forkner states that Marlisa Ferreira stated that the defense should not be calling Mr. Atala an informant when they knew it was true. Forkner states that Kirk Bunch knew in 2013 that he was an informant. Forkner states that the prosecution argued that Frank Carson was not Mr. Atala’s attorney. Forkner: “He was, and we proved it.” Forkner: “They knew it was true.” Forkner states that Mr. Atala’s brother was given a deal on a case he was involved with. Forkner: “That was a benefit.”
Robert Forkner states that the prosecution said that Frank Carson instructed his family to not call law enforcement about the thefts. Forkner: “This is not true.” Forkner: “The intercepted text messages prove that this is not true.”
Forkner now speaks about July 22, 2016 when Robert Woody suddenly testified that Frank Carson took the gun from Daljit Atwal after Daljit had shot Korey Kauffman. This was later proven to be a lie. Forkner speaks about how the court struck Beverly Woody’s testimony, and how Marlisa Ferreira had argued that Beverly Woody was confused. Forkner: “For the prosecution to offer Beverly Woody as a witness with no foundation shows misconduct.”
Robert Forkner now goes into the interrogation techniques that were used by the investigators. He speaks about how Kirk Bunch had threatened Robert Woody with the death penalty, and how Steve Jacobson had given Robert Woody a sermon citing the Old Testament. Forkner cites Rodgers v Richmond concerning this.
Robert Forkner now goes into the testimony of Jim Cook, and how Cook had testified that he was the only person that analyzed cell phone data on this case. He kept saying this despite Kirk Bunch knowing all along that Alicia O’Brien of WSIN had done extensive work prior to Jim Cook’s work. Bunch allowed this testimony from Cook to go on even though he knew it was not true. Forkner states that the prosecution was once again suborning perjury.
Forkner now speaks about how the DA allowed Patrick Hampton and Robert Woody to be housed together on two separate occasions while Robert Woody was on the stand. This was hidden from the defense for a long time.
Now Robert Forkner speaks about what he considers to be the worst of the worst. He speaks about how the prosecution refused to gather exculpatory evidence from Patrick Hampton. He speaks about how Hampton told Kirk Bunch that Robert Woody had confessed to being the sole killer of Korey Kauffman, and how Kirk Bunch had told him: “I don’t want to hear about that.” Can you believe that? Forkner: “That about sums up this whole case.” Submitted. He asks the court to dismiss the charges against all the defendants in this case.
Marlisa looks pale at this point. I can’t believe she did not interrupt Robert Forkner during his presentation.
Defense attorney Hans Hjertonsson now briefly goes into his thoughts on this matter. He speaks about how on 12/22/2016 Daljit Atwal and Baljit Athwal were released on their own recognizance to preserve the integrity of this case. He speaks about how he requested a dismissal of all charges at the time. He speaks about how over and over again Discovery was being withheld by the prosecution, and how the defense was told that certain Discovery did not exist. He speaks about how there are no checks and balances in the DA’s Office, and how the prosecution can’t say that all the Brady Material has been provided to the defense. Hans states that therefore the prosecution is not in compliance with the Brady laws. All the other defense attorneys state that they are submitting. It is now time for Marlisa to try to put lipstick on the pig of a case she has presented thus far.
At this point of the day, Marlisa has 45 minutes left in the day. She speaks about what Hans Hjertonsson has said, and says that the prosecution has no obligation to provide what he was complaining about. She states that she: “Could be in violation.” She states that what Robert Forkner was speaking about are only allegations. Marlisa invites the judge to reconsider the statements made by the witnesses. Marlisa states that the prosecution’s responses to the allegations are recorded specifically in detail in their papers. She states that the rule of law on 1385 is whether or not the withheld information is something that would affect the holding order. She states that we are at the preliminary hearing stage of this case, and that the case law is more specific to the actual trial stage. She states that the prosecution has failed to provide the court with one single instance where this would change the outcome. Marlisa states that the delays in this hearing are almost always view as being her fault. She cites injuries to a defense attorney that fell in the street. I fault the judge as well with the length of the preliminary hearing. She is simply hardly ever on time. Many times, she was late by hours. She seems like my wife at times. Sorry honey. Marlisa states that the defense was not denied a fair trial. I beg to differ on that one. This preliminary hearing has been a sham, and makes me believe that our judicial system is broken and bastardized. It is really true that any competent attorney can get a ham sandwich indicted.
Marlisa speaks about how the defense stated that the Cathy Grinnolds information was not provided in a timely manner. Marlisa: “They fully cross examined her.” Marlisa denied giving the witnesses incentives. I really don’t think she really believes this to be true, but truth does not seem to predominate in this courtroom. She says that the defense had everything that the prosecution had. I know this to not be true.
Marlisa tries to say that Robert Forkner knew his client TJ Samra Singh had an outstanding warrant, but insisted on putting him on the stand anyway.
Marlisa states that the defense said that she knew Baljit Athwal was getting a new attorney. She says Robert Forkner was the first one to tell the prosecution that Baljit Athwal had a new attorney.
Marlisa Ferreira states that the defense has established no prejudice concerning the polygraph examination. Once again, I beg to differ on that one. Marlisa is now done, and we are done for the day. The next hearing will be on August 4th. This one took me quite some time to type. I apologize for the lateness of the post.
Sincerely; William Thomas Jensen (Tom)
NO 1385 MOTION AS THOUGHT
BUT PROSECUTORS MISCONDUCT MOTION
By Marty Carlson
Court was scheduled to start at 9:30 AM and in fact the judge did walk-in right at 9:30 AM but we did not get into the courtroom to almost 10:45 AM and the judge took the bench about 10:55 AM. Apparently there were some issues discussed in chambers which included some decorating that the judge wanted done.
When the judge finally took the bench, she stated that she had been calling this a 1385 PC hearing but it was in its actuality a 995 hearing that the judge was told by the Atty. Gen.’s office that she would have to hear and it was regarding prosecutors misconduct that Robert Forkner had been continuing on throughout the entire preliminary hearing.
They also discussed there was a motion to disclose a confidential informants name, and the District Attorney’s Office was not opposing that disclosure and in fact they stated that the had turned over the name to the defense, but it was not revealed in court.
Robert Forkner began the hearing stating that the court as a magistrate during the preliminary hearing makes for different type a ruling that would’ve been heard. He stated the district attorney on the first day of the prelim had put Department of Justice testimony with pictures of the alleged scene, and the chicken coop or barn in those pictures
he then discussed on day two of the testimony of Kathy Grinolds, and there was no previous notice of her change in statements to law enforcement. There was a change in her statements after her original statements that had not been turned over to defense. Attorney Forkner stated that that was the beginning of a pattern of ongoing conduct throughout the hearing, which caused the hearing to last 18 months. He also stated the district attorney had said at the time that they were just too busy to reveal the information.
Robert Forkner then discussed Eula Keyes and her testimony, and in fact the day after she testified the District Attorney’s Office reveals that her son and boyfriend Mike Cooley, were involved in some type of armed robbery or felony assault with a knife. He stated that some of the benefits received in special considerations to one or both were given to the witnesses but not revealed.
In regard to Linda Sue Burns she testified that she was never involved in the thefts, but the District Attorney’s Office put her on the stand knowing full well that she was lying. He stated that Linda Sue Burns was involved in having possession and selling the stolen property and transporting it in her car. He said that was more misconduct knowing a witness was giving false testimony, which also created long delays in the hearing by creating more research into the people involved. In addition, there was people in custody that were getting considerations and the District Attorney’s Office was withholding truthful testimony.
In regard to Mike Cooley he said the district attorney had said that he was real sick so he is not going to prison, in his possession for sales case. He says it also became clear that Cooley has been an informant and has a long running court case from 2014, that still has not been resolved to this date. In addition, Kurt Bunch had authorized Mike Cooley to be released from jail on his own recognizance and the information was not released to the defense and the district attorneys kept saying no deals were made.
Keith Hobbs, which is Eula Keyes son, the police reports in regard to his activities were finally turned over after some legal maneuvering by the defense.
He discussed Sabrina Romero getting a sweetheart deal, On felony embezzlement charges, after telling Kurt Bunch she didn’t see Frank Carson at the property that day, but that statement was not turned over to the defense, only that Carson was there.
Linda Sue Burns later on told investigators about the pipes that were stacked in the backyard, after talking to other witnesses, and has remained uncharged in all the thefts that she was involved on after several contacts by Kirk Bunch. Again, the District Attorney’s Office kept repeating that they were no deals made.
Ronald Cooper received a release on his own recognizance, after a home invasion charge, and Marlisa Ferreira personally got involved in the context of attorneys and or Ronald Cooper on that.
Robert Forkner said that the district attorney had stated five times to the court that no deals were made, but Cooper had said otherwise in his interview with Kurt Bunch. And Kurt Bunch had told him that we can make this happen if he agreed to talk.
Robert Forkner stated disclosure of these information probably would have streamlined this preliminary hearing, but the DA kept saying on the record “no deals have been made.”
He also stated that the district attorney kept insisting that there was no “task force” involved, but the term is used in some of the affidavits, but the district attorney Referring to the multi-jurisdictional investigative team. Also of note Stanislaus County Sheriff Adam Christiansen had used the term task force in the press conference when they announced the arrests.
Attorney Forkner stated that the DA has responsibility reveal or disclose information to the defense and started quoting some case law where the prosecution has an obligation to reveal any witness statements.
He also discussed Mme. DA’s, along with Kirk Bunch, visit to TJ Samra’s house the day before he was supposed to testify. He said that Kurt Bunch had told TJ to not sign the papers from his attorney, which were from Robert Forkner, and in fact Mme. DA was giving Mr. samara legal advice and what he could do or not do. Both Mme. DA and investigator Bunch knew that TJ had an outstanding warrant because he told them that he was not taken into custody when they went to his house. They also stated as they were leaving “we were not here.” After TJ revealed there visit on the stand the next day in court Mme. DA was not happy with what he had said and asked him if he had a warrant for his arrest, which led the judge no alternative but to take him into custody. More misconduct.
Forkner also talked about the police report from Tim Redd from Turlock Police Department that the District Attorney’s Office continually said had been turned over, but he says it never was.
In addition, the district attorney made representations that defense counsel was tampering with Ronald Cooper while he was in jail, but the jail records showed different they had not had those visits. There was also a notation by the judge in the record where she started expressing concern about things represented by the District Attorney’s Office.
After we broke for lunch Court was then again restarted around 1405 hrs. and Robert Forkner began talking about Patrick Hampton, and the information about his prior activities of being informant which the District Attorney’s Office continually denied. Robert Forkner had read from the record with the DA denied again and Kurt Bunch stating that he had interviewed Patrick Hampton. During that interview Kurt Bunch stated to Hampton that they had worked well together in the past and that Patrick Hampton wanted immunity for his testimony. Around that point they finally admitted that he had worked with the DAs office before, and that was after a subpoena, was served for his records at the Department of Corrections.
In addition, he says Hampton received a benefit by being removed from Pelican Bay State prison to another lower security prison in northern California. Hampton also had to pending cases at the prison, for having a shank in his possession or cell, additionally he had many probation or parole violations as he was constantly testing dirty and he never went to jail or was violated until the hostage situation in Oakdale.
The investigators nor the DA ever corrected the information on Hampton’s past informing. Additional misconduct.
There was also the polygraph test that was taken at the District Attorney’s Office but was continually denied by investigators and Mme. DA.
He stated the District Attorney’s Office also contended Frank Carson had represented Ronald Cooper or Robert Woody in the past, and was trying to get some type of conflict involved there, which was a major misrepresentation. This representation was given to judge Manukian at the bail hearing after the original arrest. He stated they also claim Frank Carson focused on Korey Kauffman personally in the thefts, and the district attorney also stated that Frank Carson had threatened Korey Kauffman but they had never seen or talked prior. More misrepresentation at the bail hearing as they were trying to get Bail denied.
He also stated that Dale Lingerfelt had represented to the court that Daljit Atwahl was a member of the gang “northern riders”, it was another attempt at prejudicial information that was not accurate at a bail hearing.
The District Attorney’s Office is also represented to the court that Frank Carson has personally identified Korey Kauffman in the thefts which was proven to be not true in the of missing property list that was put out. In addition, Korey Kauffman’s family had a flyer prepared after he went missing that the District Attorney’s Office used for their investigations but objected to the defense admitting the flyer as evidence.
Robert Forkner stated the district attorney had represented Frank Carson had lied during that office visit by the officers, and said he didn’t know who they were, but the tape of the visit proves that he did not lie and identified all of the officers involved to 911.
He also discussed the start of the investigation by the District Attorney’s Office started on April 2, 2012 just three days after Korey Kauffman went missing. Which was very unusual as normally that is done by the sheriff’s office. In addition, Steve Jacobson had testified that Kurt Bunch was on the case on April 2, 2012, for the disappearance and homicide of Kory Kauffman. Robert Forkner stated this is a consistent pattern of behavior by the investigators in the district attorney on the case.
He also discussed the district attorney’s claim that Frank Carson was visited by many attorneys, in the jail, during his time in custody turned out to be not true.
The district attorney’s claim to judge Manukian, during the bail hearing, that a bullet was found in the clothing at the scene with the body was found, was not true. Later they admitted that the bullet was found elsewhere. It was an obvious attempt to distort the facts to keep the defendants in custody. He also mentioned Deputy Cory Brown and his testimony about the bullet holes in the clothes.
The District Attorney’s Office had claimed that Kory Kauffman was last seen on Frank Carson’s property, that the testimony had stated otherwise as Korey Kauffman was seen leaving and walking a different direction away from the property.
He also stated that the district attorney was trying to coach the witnesses on the stand by blurting out comments during cross-examination trying to help them out.
Also, the District Attorney’s Office had denied the gentleman by the name of Attahla was an informant the during Kurt Bunch’s testimony it came out that he had worn a wire in one of the meetings in Frank Carson’s office.
He stated there was a July 22, 2015 Robert Woody admission and just prior to that the DA was making statements that Beverly Woody must be believed, because of course, it is his mother.
He also stated that Steve Jacobson had been given Robert Woody many considerations and gratuities like cigarettes, food, and praying and discussing God with him which is misconduct. And he cited some case law were using religion to induce statements is illegal.
Then he went to the Jim Cook testimony where he is said he was the only one who ever analyzed any data on the cell records, and had stated there was no other reports or analysis available. Then the WISN reports had become available, after it came out in testimony, and Kurt Bunch was aware of this the entire time.
Miss O’Brien from WISN had testified that Kurt Bunch and Jim Cook both had conversations with her about her work. Forkner stated that Marlisa Ferreira had misled the court again with her denials of previous cell phone analysis.
Robert Forkner stated Robert Woody and Patrick Hampton been house together at the Tuolumne County jail during Robert Woody’s testimony was a major misconduct. As both Hampton and Woody admitted to conversing about the case in the cell. In addition, they were housed together on two different occasions.
In addition, the district attorney’s office and investigators refused to gather any evidence or statements after Patrick Hampton told Steve Jacobson that Robert Woody had confessed to the homicide of Kory Kauffman in the cell. He told Steve Jacobson when he saw him at the jail, and Jacobson stated he did want to talk about it. This amounts to extremely gross misconduct by the entire District Attorney’s Office.
At this time Robert Forkner had finished his representation to the court, as most of his points were in a brief and he was just doing highlights.
Attorney Hans made a brief argument to the court in regard to the release of the defendants on December 22, 2016. He stated the integrity of the process must be protected, and that was the judge his own words at the time of the release.
He stated the District Attorney’s Office has a major structural deficiency in its discovery system. It has been an ongoing problem for some time and is been highlighted dramatically in this case. He asked that the court dismiss the charges under 1385 PC.
No other defense attorneys wanted to address the court, and Marlisa Ferreira got to do her rebuttal.
She stated regarding Hans a statement about the not all the discovery being turned over that she could agree with that to a point, but to her knowledge all information has been discovered.
She stated that everything that was used in the preliminary hearing was discovered as required she also stated she has addressed all the points in Robert Forkner’s motion in their response brief, and then for clarification gave dates of her responses to all those motions.
Mme. DA asked if the information would have changed the outcome, as it does not apply to a problem because there was a remedy. She stated in regards to Keith Hobbs or Eula Keyes or Mike Cooley or Linda Sue Burns, none of their issues make a difference or change the outcome of the hearing.
Mme. DA stated that the defense tactics is what caused the long preliminary hearing to happen, it was not at the hands of the District Attorney’s Office. She stated they were never denied a fair hearing.
She also stated that some of the defendants were benefited, as not all charges were held to answer or some were reduced.
In regards to Kathy Grinolds the information was discovered when they got it, and again there was no prejudice to the defendants.
Eula Keyes’s son Keith Hobbs receive no benefit through her activities.
She stated defense had plenty of opportunity to call other witnesses like Keith Hobbs, but they never did.
She stated with Linda Sue Burns there was no connection with the thefts and no evidence to be charged with any crimes.
She said there was never any judicial process denied to these defendants.
In regards to Mike Cooley being sick, she never said he was, Mike Cooley did give some information and he was given some credit for it.
She stated that all other information was disclosed like denying her any deals with Ronald Cooper, there were no deals for Patrick Hampton’s information.
She stated that it is the district attorney’s duty to “disclose, disclose, disclose.” And they did just that.
She said in regards to suborning perjury with testimony, they were on strict notice not to talk to witnesses and that they complied.
In reference to Sabrina Romero she did give different statements were originally, but all future statements were discovered.
Marlisa Ferreira stated that he always complied with the judge’s orders even when they were not required to, and emphasized they never used the term “task force” only the multijurisdictional investigative team.
She stated the defense use all the above issues as a deflection in the real facts of the case. In regard to TJ Samra, she said that Robert Forkner wanted to get Kirk Bunch in trouble with the warrant issue. She says they have every right to talk to someone who has an attorney if they talk about non-case issues.
She also stated that she believed the polygraph information had been turned over, even though it cannot be used for innocence or guilt, but there could be exculpatory information revealed in the interviews.
She stated again they made no untrue allegations at the bail hearings.
And noted that Patrick Hampton involved in the Oakdale incident there were no hostage taken and Patrick Hampton came out on his own. Hampton had text Steve Jacobson as Jacobson was his handler and he was also called in by the Oakdale police chief.
She stated there is no misconduct of the bullet or representations of the holes in the clothing.
She stated this luminary hearing was so hostile due to the nature of charges but these defendants still had a fair hearing.
At this time Marlisa Ferreira had finished her rebuttal and it was the end of the day, the counter arguments will be heard on August 4 at 9:30 AM in department #2
Facebook fighting court order over secret government access
From the Washington post
Technology companies and civil liberties groups have joined Facebook in a fight over government access to social media accounts.
The Washington Post reports that the timing of the government’s request and other references in court documents suggest the search warrants relate to demonstrations during President Donald Trump’s inauguration, when more than 200 people were charged with rioting.
A court order blocks Facebook from letting users know when law enforcement investigators ask to search their online information, particularly their political affiliations and comments.
Facebook argues the court order violates First Amendment protections of the company and individuals.
A spokesman for the U.S. attorney’s office declined to comment on the case, which is in the D.C. Court of Appeals.
Is it another attempt to stifle free speech?
IDIOT VOTERS APPROVED PROP 47 IN 2014
HERE ARE SOME OF THE RESULTS
by Marty Carlson
The Los Angeles times reported that some of the results from the voters accepting prop 47 in 2014 is that they were sold a bill of goods.
Crime rates are rising in California, and many feel in large part to the passing of proposition 47. The measure converted some felonies to misdemeanors and the basis of the campaign was about reducing punishment for drug possession, but there was very little discussion about the softening of penalties for many other non-drug offenses.
Under this law, 3700 inmates have had their sentences reduced and been released from state prison. Click here for a previous post from Dawgs Blog in regard to that.
Drug addicts now often escape punishment for crimes they commonly commit to support their habits, namely shoplifting, forging bad checks, and any theft under $950 that also includes theft of guns. And as a note most semiautomatic pistols and revolvers are purchased new for less than $950. Some people are finally starting to believe this leniency just facilitates continued addiction.
Prior to proposition 47, the courts evaluated the appropriate punishment to seek for someone accused of drug possession or theft, and they studied the person’s past criminal history. That history is not considered in someone who had been convicted and served time for a serious crime such as robbery, kidnapping, assault with a deadly weapon can no longer be sent back to prison if convicted of a new theft or drug offense, these have been reclassified as misdemeanor.
Remember state prison can only be applied to a crime that is sentenced to 365 days or more, so it must be a felony conviction, misdemeanor convictions are punished at the local level.
In the event of a strong-armed robbery like purse snatching, which is called grand theft person, before prop 47 it was a crime that could be classified as either a felony or a misdemeanor, which is known as a wobbler. Prosecutors would study the defendants record determine how to be charged. Prior robberies typically would end up with felony charges. Due to prop 47 unless your purse cost more than $950, the theft can only be a misdemeanor meaning state prison is not possible as a punishment and deterrent.
Under prop 47, the criminal’s prior robbery means nothing, his past simply does not matter
Reformers say that everyone needs a second chance, and I agree with that, but those second chances were built into the system already and now public safety has suffered as crime rates have soared.
In the city of Los Angeles, property crimes such as burglaries and motor vehicle thefts have rising 10.9% compared to the same period last year. Violent crimes such as aggravated assaults and robberies has soared 20.6%. Local officials in Los Angeles claim those increases are linked to proposition 47.
And remember these drug addicts are not going to jail like they used to, so they are running longer and harder without a break from the drug use and getting more desperate and dangerous.
The California legislature is also passed a law in 2014 that reduce the maximum misdemeanor sentence from 365 days to 364 days. Under federal immigration law, an illegal alien who is convicted of an offense punishable by 365 days or more can be deported. Now with many felonies reduced to 364-day misdemeanors, some criminals who otherwise would have been deported get to stay.
During the time I was a bailiff for six years I had the opportunity to work drug court many times. During those times, they would hold criminal charges over the head of the defendants forcing them in the rehabilitation programs. Though not a high success rate it was an opportunity for them to at least clean up somewhat and an opportunity to get straight.
The system has lost their leverage to mandate rehabilitative drug programs under prop 47. There is no incentive for an offender to accept a court ordered two-year intensive treatment program when the maximum consequence for drug conviction is a six-month term in county jail. In many cases the jail sentence means only a few days or even just hours in custody, because the jails must make room for the felons sent from state prison under the reform called realignment (AB109). The treatment program roles are down 60% in Los Angeles County, and is similar across the state. The addicted offenders are not getting the treatment that is desperately needed.
In addition, proposition 47 took away a tool to fight sex crimes when it reduced the penalty for possession of a dangerous date rape drugs to a misdemeanor.
Fewer DNA samples are being taken every month because state law permits police to collect DNA only from felony suspects. Make it more difficult to solve old cases such as murder and rape.
The idiot voters in California passed proposition 47 because it was marketed as a safe neighborhood and schools act. During that time, I was very outspoken about this proposition and I strongly opposed due to these obvious repercussions that would occur, and which have occurred.
Voters need to educate themselves prior to marking their ballots, and learning how the system actually works in the repercussions of some of these propositions. After the passage of this proposition I had several online conversations with people that felt this was a good way to get people help. And many felt that the crime should be held over their head to get them treatment, and I repeatedly told them that was the system in place before, but will not be the case now. And that is exactly what is happened
Always keep in mind the lawmakers are not concerned about our best interest, they have their own agendas which are extremely confusing to me most of the time, and it usually comes down to money over public safety.
MORE TALK ON CELL PHONE INFO AND WITNESS’S
INFORMATION ON THE COURTS HIGH PROFILE PAGE
By Marty Carlson
Just to update everyone about the Stanislaus County high profile court case page, all the filings that had been placed on that page in the Frank Carson case have been removed. Apparently due to some total incompetent people either posting these motions, or the people submitting this paperwork, or both, are not capable of understanding legal protections of people that are only accused in a crime but not convicted.
All personal information in regard to all these defendants was supposed to be redacted, as ordered by the judge, and basic common sense says it shouldn’t have been posted in the first place. I guess just another attempt to try to destroy these defendants before they are found to be responsible, it’s that little thing we call due process in this country. Some people do not feel that applies anymore.
This came about several weeks ago as I was reviewing some of the paperwork and updating myself on that page and noticed personal information had still remained on those documents. So apparently Judge Zuniga has ordered them to remove all documents as they are not able to comply with her orders or the law or use basic common sense.