FRANK CARSON et al 5-22-2017 (tom)

TRIAL POSTPONED

FRANK CARSON CASE

05/22/2017

BY WILLIAM THOMAS JENSEN (TOM)


Court resumed today at 1:30PM at the old bankruptcy courthouse. I think this might be the last time we use this courtroom. The lease on the building runs out soon, and things are going to be moved to the main courthouse when that happens.

We were allowed to enter the courtroom at 1:30PM, and sat there for fifteen minutes until the judge called the attorneys into her chambers for a rather lengthy in camera meeting. At 2:53PM, Judge Zuniga re-enters the courtroom and things start happening that we can witness. Defense attorney Robert Forkner was appearing for Percy Martinez and Alonzo Gradford who could not attend. Rai Gohel was appearing for Hans Hjertonsson who could not attend.

Defense attorney Robert Forkner starts talking about a motion that he has written to get the passport for Christina DeFelippo turned over to his client who has been cleared of all charges. There were some other things in the motion that should have been listed in the inventory. Robert Forkner states that he is going to take care of listing the inventory that needs to be returned to Ms. DeFelippo. Judge Zuniga states that she needs to release the passport.

Judge Zuniga now speaks about a motion she has that was written by Rai Gohel. She states that she received the motion on Saturday, and that the motion requests a continuance of 7 months to give Mr. Gohel time to digest over 22,000 pages of testimony. Marlisa Ferreira states that she has no objections to this continuance.

Robert Forkner, who is representing Frank Carson today, states that Mr. Carson is not waiving his right to a speedy trial, and wants the Athwal brothers to be severed from this trial so that the trial can start on June 19th as planned. Robert Forkner states that Frank Carson would be willing to delay the start of the trial for 90 days, but no longer.

Marlisa Ferreira objects to severing the Athwal brothers from this trial, and states that she wants a formal written notice from Frank Carson’s attorneys concerning this issue.

Judge Zuniga wants to know what prejudice Robert Forkner sees by delaying the start of the trial for 7 months. Forkner states that the witness’s memories fade as time passes. He states that the prosecution just yesterday turned over 51 CD’s of new discovery, and that the longer this thing drags on, the more late discovery will be turned over. He states that the defense is ready to go right now. Forkner states that witnesses have died. Robert Jaquish has died since the preliminary hearing started and ended. Robert Forkner states that Frank Carson has a right to a speedy trial. Forkner states that he wants the judge to order an end to new discovery. Judge Zuniga states that she can’t prevent the local authorities from continuing to investigate the case. This statement seems to run counter to earlier statements from the judge concerning late discovery. She seemed to be cutting off late discovery earlier in this fiasco. Judge Zuniga states that this case is “So convoluted.” She states that it is not unreasonable for Rai Gohel to ask for more time to prepare because there is over 22,000 pages of testimony so far. She states that the witness’s memories fail for both the defense and the prosecution. She states that any police agency has the right to continue to investigate.

Defense attorney Jai Gohel states that he will be done with two other cases by the end of October. He states that he could be ready by the end of November if necessary. Judge Zuniga states that she prefers to start the trial in January. She wants all of the motions to be done before January 8th. Judge Zuniga states that the trial will begin on January 8th.

Judge Zuniga now states that Mondays will start at 10:00AM, and all the other days will start at 9:00AM. She is leaving it up to the attorneys if they want to go 4 or 5 days a week. She states that she is good to go for five days a week if the attorneys want to work the entire week. She states that she will not have a problem with the traffic because she is going to stay in town for the trial.

Judge Zuniga sets November 27th for what she called the “Motions in limiting” These motions will continue through December 8th. She states that motions will also be heard the week of December 15th.

Judge Zuniga tells Robert Forkner to inform her when he wants her to hear his motions. She sets a 1385 motion for June 6th. She sets a hearing on June 6th for a motion. She sets a hearing on July 17th for conflicts. She states that Judge Moody will conduct the 995 hearing on August 14th and 15th, and states that Robert Forkner can argue his 1385 motion at that time. Judge Zuniga vacates the June 19th date. Judge Zuniga sets the preliminary hearing for Scott McFarlane and Eduardo Quintanar for June 20th at 1:30PM.

Defense attorney Robert Forkner states that he wants the DA to take the Ramey Warrant off the internet site run by the Sheriff’s Department. He states that this is necessary to get impartial jurors. Judge Zuniga tells Marlissa Ferreira that the Ramey Warrant being on the internet is problematic. She tells Marlisa to tell Birgit Fladager to take the Ramey Warrant down from the internet. Marlisa Ferreira starts talking about how much of this trial is on the internet, and how she wants this to be taken down. Judge Zuniga states that she is not going to control the internet. Marlisa Ferreira looks pissed at this point.

Robert Forkner now states that new search warrants were served last week on Frank Carson, Georgia DeFelippo, Christina DeFelippo, and I believe the Athwal brothers and Walter Wells. It concerns cell phones and computers and Google. Judge Zuniga forces Marlisa Ferreira to make sure these search warrants are filed with the court immediately. We are now done for the day. This trial is going to last forever it seems. It has been a marathon, and will continue to be a marathon. The truth will set them free.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON UPDATE…….

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Just for information tomorrow court is scheduled to start at 1:30 PM instead of 10 AM. It’ll probably be just a continuance date as they have to file new briefs for the recusal motion and other things.

Tom Jensen will be in court tomorrow to report what happens as I will be out of town due to a death in the family, (step dad). But we will get the information up as soon as we can in the normal manner.

Feel free to contact myself or Tom for further information.

IF YOU HAVE FACEBOOK & MESSENGER ON YOUR PHONE YOU NEED TO READ…….

IF YOU HAVE FACEBOOK MESSENGER YOU MAY BE RECORDED EVEN WHEN YOU ARE NOT ON THE PHONE

by Marty Carlson

5-21-2016

If you have Facebook messenger on your phone or handheld device you may consider deleting. If you re-download messenger and actually read the terms of agreement you might be surprised that what’s in there.

I personally heard about this about five years ago and I hesitated on putting the app on my phone, and I refuse to put Facebook on my phone because they want to read your personal information including your contacts and text messages.

Government regulations are now requiring many new things in cell phones to be done by the manufacturers. Notice you are unable to take batteries out these days. Facebook messenger app users are asked to agree to terms of service that allow the social networking giant to use the microphone on the device record audio at any time without their permission.

Please read excerpts from those terms of agreements and terms of service below:


If you note it also authorizes Facebook to take videos and pictures using the phone’s camera at any time without your permission. As well as directly calling numbers, again without your permission, that could incur charges.

Facebook can also read your phone call log and data about contacts stored on your phone, including the frequency in which you’ve called, emailed or communicated know the ways with specific individuals.

Many other apps on android and Apple devices include similar terms to those above, but this appears to be by far the most invasive application that I have seen so far.

Most people agreed to terms of service without even reading them, and Facebook users are agreeing to let Facebook monitor them 24/7, green lighting the kind of open and wiretap that would even make the NSA jealous.

Other Companies also require you to allow them to approximate your location, and send SMS messages from your phone that could cost you money, read your contact, read your phone status and identity, and get full network access to your communications (in other words listen to your phone calls), modify or delete the contents of USB storage, and disable your screen lock.

I have noted in the past that embedded microphones in video games like Xbox have been suspected of doing this in the past.

Always remember there is video everywhere that includes audio, and there seems to be no privacy whatsoever with the availability of the Internet everywhere in our lives.

MORE DO AS WE SAY NOT AS WE DO…….

DNC FACING LAWSUITS FOR NON-LIVING WAGE TO EMPLOYEES

by Marty Carlson

5-20-2016


Multiple media outlets have reported dozens of Democratic National Committee field workers have filed a class-action lawsuit against the Democratic party for failing to pay overtime and to not pay minimum wage to its own employees. The DNC mantra has been to push employers to pay $15 an hour minimum wage but apparently don’t feel that same passion with their own employees when they have to foot the bill.

An attorney representing the DNC fieldworkers, argued the Democratic Party failed to pay workers a minimum wage and denied them over time compensation. The lawsuit seeks fair pay for fair work, he also stated “they need to hold the Democratic Party to the very ideals that it embraces.”

The Democratic platform in 2016 push for the $15 an hour minimum wage, nearly double of the current minimum, and promised to defend an Obama – era regulation forcing employers to pay a higher rate to employees for working more than 40 hours.

According to the attorney, DNC workers put in 80 to 90 hours per week and got only $3000 a month in compensation. “They got paid a flat salary of $3000 a month which is not even minimum wage for some of the hours that they were working”

Recent studies show most members of Congress who have supported the legislation to boost minimum wage don’t even pay their interns. But there mantra has constantly been “they deserve a living wage.”

Of the 205 House and Senate sponsors of the raise the wage act, which would increase the federal minimum wage to $12 per hour by 2020 only a dozen pay their interns while the rest – 94% – do not, says the Employment Policies Institute.

The Institute supports unpaid internships to give young people valuable work experience. But the group’s research director stated it is “hypocritical” for lawmakers to seek to raise the minimum wage and claim everybody deserves a living wage, and not pay their own interns.

My personal opinion is that there does need to be an upgrade in the minimum wage that have been too long without a decent increase. But this Could also put many employers out of business and be a loss of jobs. So it all needs to be considered.

But my biggest issue is if the leaders of this country want to pass legislation for these types of things they need to also set the example in their own office. It is pure hypocrisy if that’s not done.

I constantly see government passing legislation that affects the citizens of this country that they also turn around and exempt themselves from that same legislation apparently telling us they don’t have to live by the same rules or possibly that they’re just simply better than us. It’s happening massively in Sacramento right now. And it can only be done because we let it be done and we don’t do anything about.