FRANK CARSON et al 9-13-2017 (Tom)

GETTING CLOSE TO THE END

FRANK CARSON ET AL CASE

09/13/2017

BY WILLIAM THOMAS JENSEN (TOM)

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Today, we continued the Preliminary Hearing for CHP Officers Scott McFarlane and Eduardo Quintanar. Court started late today because Prosecuting DA Marlisa Ferreira had to attend a victim impact statement in Department 6 at 9:00AM. We were able to start the Preliminary Hearing at 9:57AM.

We started out with Lieutenant Kevin Domby of the CHP Internal Affairs Department in Sacramento on the stand. DA Investigator Kirk Bunch called Domby in December 2014 concerning the three CHP Officers involved in this case. During the initial questioning, Judge Zuniga repeatedly helped Marlisa Ferreira craft her questions. This has been seen throughout the last year and a half of this never ending Preliminary Hearing.

Scott McFarlane’s attorney Alonzo Gradford seemed to get nowhere in his questioning of Lieutenant Domby. Domby kept citing 832.7 of the Penal Code, which prevents him from disclosing anything that is contained in the personnel records of his client. Domby did say that Eduardo Quintanar should be expected to cooperate with the investigators in this case, but he also said that it was Eduardo Quintanar’s right to invoke his 5th Amendment Rights against self- incrimination. After our break at 11:00AM, we went directly to the testimony of self- proclaimed cell phone expert Jim Cook. I thought we were going to hear the rest of the cell phone intercepts first.

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Jim Cook takes the stand at 11:18AM, and begins his testimony on a 96-page PowerPoint presentation of cell phone data analysis. He listed the locations of interest, which included the Terry Locke residence, the Robert Woody residence, Pop N Cork Liquors, the Michael Cooley residence, the Carson property, the Kauffman residence, the Carson residence in Modesto, Frank Carson’s Law Office, the Courthouse at 800 11th St. in Modesto, Baljit Athwal’s residence, and Daljit Athwal’s residence.

Jim Cook testifies that Eduardo Quintanar made 961 calls to Daljit Atwal between 1/11/2015 to 02/26/2015. He also made 906 texts to Daljit Atwal during this time period. Quintanar made 242 calls, and 134 texts to Walter Wells during this time period. He made 369 calls to Pop N Cork Liquors during this time period. He called Scott McFarlane 158 times, and sent Scott 131 text messages during this time period. Eduardo Quintinar called Baljit Athwal 53 times, with a total of 234 calls and text messages during this time period. He made two calls to Robert Woody during this time period.

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Scott McFarlane called his CHP partner Thomas O’Keefe 111 times, and sent him 2791 texts during this time period. Scott McFarlane called Walter Wells 70 times, and sent him 198 text messages. Scott McFarlane made 133 calls to Daljit Atwal, and 125 text messages during this time period. Scott McFarlane called Eduardo Quintanar 88 times, and sent him 105 text messages. Scott McFarlane called Baljit Athwal nine times, and sent him 66 text messages. Scott McFarlane called Pop N Cork Liquors 19 times. He called Robert Woody once, and sent Robert Woody 5 text messages. Scott McFarlane called another phone associated with Daljit Atwal twice, but did not send this phone any text messages. Thomas O’Keefe called Scott McFarlane 74 times, and texted Scott 3011 times during this time period.

Thomas O’Keefe made 39 calls to Daljit Atwal, and sent Daljit 364 text messages. O’Keefe called Walter Wells 19 times, and sent him 307 times. O’Keefe called Baljit Athwal 11 times, and sent him 113 text messages. O’Keefe called Eduardo Quintanar three times, and sent him 39 text messages. O’Keefe called Pop N Cork twice.

The Homicide Analysis between 03/30/2012 to 03/31/2012 was covered by a stipulation.

We now went into a very lengthy slide by slide presentation of all the cell phone calls and text messages that included which cell phone towers they connected to, and who was calling who. It was supreme boredom at this time.

Scott McFarlane’s attorney Larry Niemeyer takes over asking questions, and gets Cook to admit that many of the cell phone numbers called by Scott were not to anyone associated with this case, and that times where Cook said McFarlane’s phone was moving were associated with him driving home from work. Cook had tried to show some significance to a two month period where there was no communication between Scott McFarlane and his partner Thomas O’Keefe. Larry Niemeyer asks Cook if he was aware that O’Keefe was serving in the California National Guard during that time period. Marlisa Ferreira seemed shocked, and immediately made an objection, but Judge Zuniga overruled her objection. The prosecution had made a slide that graphed out this two-month gap. There goes their theory of “Consciousness of Guilt.” Judge Zuniga just yesterday told Marlisa that her theories are “Overbroad.” This is just one example of this situation. She does it over and over again. I noticed that Marlisa and Kirk were both turning red, and shaking one foot during this episode.

Eduardo Quintanar’s attorney Alonzo Gradford took over asking Cook questions. This was a pure joy to watch. Alonzo brings up slide after slide in Cook’s presentation. These slides represented very significant dates and times in this case. On every one of these slides, Alonzo gets Cook to admit that there were NO calls between any of the defendants in Frank Carson ET AL. Alonzo went over every possible combination of defendants, and none of them called anybody associated with this case. Gradford asked Cook for cell phone data that he could not provide. Time after time Cook said he did not bring those cell phone records with him to court. Alonzo remained calm. I would have been going bonkers. This was very powerful, and once again Jim Cook has been destroyed on the stand.

DA Investigator Steve Jacobson goes back on the stand. I was wondering if we were going to hear the six more telephone intercepts that were left, or if the judge had decided to forgo the agony of irrelevance. He starts playing a couple of more telephone calls. The first one was from Eduardo Quentanar to CHP Officer Frost on 03/20/2015. He tells Frost how Bunch had communicated with his wife Heather through her school E-Mail system. He says this has to stop. Frost tells Quentanar that he can’t give him any advice. His voice sounded cold to me. Not to be trusted for any help.

The next call was from Eduardo Quintanar to Mark his Union Representative. Quintanar can be heard telling Mark how Frost would not help him, or give him any advice. Eduardo Quintanar determines that he will have to find out if he is a witness or a suspect in this case. He is going to meet with someone on this issue, and his Union Representative wants him to bring a recorder for his own protection. We are now done for the day. Court resumes in Department 2 at 9:00AM tomorrow. We are getting closer to the end of this Preliminary Hearing. It still seems like a very thin case against the CHP Officers. Hoping for some sanity in the decision by Judge Zuniga.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 9-13-2017 pm (Marty)

MCFARLANE/QUINTANAR PRELIM

DAY V

By Marty Carlson

9-13-2017

cook

The afternoon session started about 1341 hrs. with Jim Cook back on the stand talking about the cell phone mapping that he had done any had 89 total pages of PowerPoint presentation to go through.

I’m not going into the boring details of everything, the basically he was mapping the devices of Edward Quintanar, Scott McFarlane, and Walter Wells for his big concerns during this mapping. It concerned the contacts made with the Atwals and such.

They talked about Edward Quintanar on March 30 two 2012 in his cell phone data showing him at Drs. Medical Center tower which covers his home and multiple calls to multiple people with some included the out walls and some were unknown numbers. Also talked about how he was moving and hitting’s multiple towers throughout Turlock, Hilmar, and Livingston. These contacts were all calls, texts, or data connections.

They also talked about what the district attorney called the body movement date on April 27, 2012 and some of the cell phone connections that were involved on that date and again I will not going to all the details because there were too many to technical and I would just bore you to death.

The same type a mapping was done for Scott McFarlane as his residence is the Cal State University cell tower, and they discussed his connections on March 30, 2012 and March 31, 2012. He talked about there was some movement through multiple cell towers on that date in addition to April 26, 2012, again the district attorney’s theory on the date of the movement of the body, in addition to cell phone contacts of all sorts on July 15, 2012 the day of the search warrants.

Some of the pictures that were put up on the overlays in the PowerPoint presentation showed pictures of the defendants, which were their booking photos, and also some the splash screens mentioned the murder investigation. The judge told the district attorney those things absolutely are not be done in these presentations especially if it were to go to a jury, this was the exact same thing that the judge told the district attorney in the last preliminary hearing when the same type of things were done.

Larry Niemeyer started cross examination of Jim Cook, and Cook advised he had no idea of the content of the calls for the content of the text or type of data connections was actually done. All he had was the call detail records that showed connections but no content of those messages or calls. He also noted that there were numerous calls and messages that had no names next to the number and he stated he didn’t know who those numbers belong to.

In regard to the month Gap between McFarlane and O’Keefe from July to almost September that Jim Cook had called unusual, Larry Niemeyer asked him if he was aware that O’Keefe was deployed in the National Guard during that time for almost 2 months. I noted that Jim Cook’s face kind of dropped and he stated he was not aware.

CHP

Larry Niemeyer also asked him in April 2012 if he was aware of the employment that Scott McFarland was working at the time. Cook said he was working as a CHP officer out of the Merced office and patrolled the Turlock area. Niemeyer asked Cook if being a CHP officer and on-duty if it would show him traveling between different towers while on patrol, like noted in the mapping, Jim cook said yes that would account for that. No further questions were asked by Larry Niemeyer at this time.

Alonzo Gradford began his cross-examination and started discussing other information that he had mapped regarding the Atwals, and he stated he didn’t have all their information in front of him that he was testifying to, in addition he was asked about the information on Walter Wells or Scott McFarlane and he said he did not have the specific information in front of him only his PowerPoint presentation.

So, all the dates listed that he mapped from March 2012, July 2012, in April 2012, he did not bring the records with him only his PowerPoint presentation. Alonzo Gradford at that time asked him if he is Christopher J Cook, and he got a funny look on his face and said no. Then there was some private conversation between attorneys and Mr. Gradford moved on.

Attorney Gradford inquired about the length of the phone calls between Quintanar and Daljit Atwahl and there was a total of about six minutes’ worth of calls on March 30, 2012 and March 31, 2012. Again, he did not have any idea of the content of any of those calls. He asked Jim Cook if Scott McFarlane’s number had been called he said no. Asked if Walter Wells a number had been called he said no. Jim Cook said there was no connections whatsoever that he could see between Scott McFarland and Eduardo Quintanar during that period.

Alonzo Gradford went through page by page of the presentation with Mr. Cook, during that timeframe, and there were no contacts with Scott McFarlane. He also asked Jim Cook if he was aware of the employment that Quintanar had in 2012 and he said that he was a CHP officer working out of Atwater, he was then asked where he lived he said in Modesto, so would be unusual to have moving cell phone connections just driving back and forth to work and at work itself, Jim Cook said no. At that time Alonzo Gradford had no further questions.

District attorney Marlisa Ferreira wanted to recross Jim Cook and asked him some technical questions about text notations are data notation that show it as text on the CDRs. And of course, the CDR to not show the content of the text it just is a generic view of date and times. No further questions asked.

At this point it was late in the day but Steve Jacobson got on the stand with more wiretap recordings to play.

They played a wiretap from March 20, 2015 it was around 1332 hrs. for Quintanar had contacted a Lieut. Frost again repeating his complaints about Kurt Bunch and the incident at his house, and apparently Kurt Bunch was emailing Quintanar’ s wife at her work. Continually saying he wanted to talk to her. Quintanar was asking Lieut. Frost for some assistance in dealing with this, and Lieut. Frost basically told him he was on his own because this was the issue outside of the office in Quintanar at the time was on administrative leave. He also said that he can’t give advice in regard to Kurt Bunch investigation and Frost said Quintanar is the only one to decide if he wants to talk or not talk to Kirk Bunch.

There was a second recording then played from March 20, 2015 around 1345 hrs. Quintanar was talking to I believe of the union rep, I didn’t catch the name, in Quintanar was telling him that the Lieut. had no advice to help him and kind and bailed out on him it appears at this time. In union rep gave Quintanar basically a pep talk and told him that he would probably need to get an attorney and deal with that that way.

At that time, it was the end of the day and court was dismissed and supposedly to be continued tomorrow. All of us had left the courtroom in fact we were outside talking for a short while and we left. I was notified after I got home that McFarlane and Quintanar were called back into the court room after 5 o’clock and we advise that Alonzo Gradford had some issues about having court tomorrow and he requested a continuance.

Scott McFarlane was not agreeable to waving time for a continuing preliminary hearing, and the judge says I guess we in court tomorrow. At that time, the district attorney advised Scott McFarland that they will rest their case against him if they agree to a continuance. After conferring with his attorney Scott McFarlane did agree to waive time for his hearing and it is now been rescheduled for October 18, 2017 at 1330 hrs. in department #2.

At that date, they will probably just to final arguments if Quintanar’ s attorney decides not to put on any witnesses.


FRANK CARSON et al 9-12-2017 (Tom)

A TOTAL WASTE OF TIME


FRANK CARSON CASE

09/12/2017

BY WILLIAM THOMAS JENSEN (TOM)

Today, we continued the Preliminary Hearing for CHP Officers Scott McFarlane and Eduardo Quintanar. Court was basically on time this morning. It seems that the judge is trying to improve on her chronic tardiness.

Court started at 9:07AM, with Judge Zuniga stating that she would have made it on time if not for an accident on the freeway. I would call her on time this morning.

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Steve Jacobson takes the stand, and Marlisa Ferreira has him play a series of wire-tap recordings that were made involving the CHP Officers. Scott McFarlan’s attorney Niemeyer immediately makes an objection about the lack of relevance contained in the tapes. Judge Zuniga rules that she wants to hear the tapes, and will consider throwing them out after listening to them.

I was able to attend the morning session today, and would have attended the afternoon session if anything significant was happening. These recorded calls contained absolutely no incriminating evidence that I could hear. At the Noontime break, I was able to talk to one of the defense attorneys, and was told that we were not even half way done with the recorded telephone calls. Self-proclaimed cell phone expert Jim Cook was expected to testify in the afternoon, but the defense attorney did not see how this would be possible today.

We listened to a whole series of recorded cell phone calls that were done to try to collect evidence against the CHP Officers. I would say that the investigators failed miserably in getting anything useful.

The first call was done on 09/15/2012 where we could hear Scott McFarlane speaking to Baljit Athwal and Daljit Atwal. You could hear one of the Athwals saying: “The mother-fuckers attacked my house.” Scott McFarlane: “What happened?” Baljit? “They searched everything.” There was nothing incriminating that I could hear in this conversation. Another call that was played was on the same date, and concerned the search of Pop N Cork Liquors. In that call, Scott McFarlane is heard to say: “I’ll get ahold of Walter, and let him know.”

Zuniga

At this time, Judge Zuniga states: “What is the relevance?” Marlisa Ferreira states that she is trying to show that there existed a network of people working together. Judge Zuniga decides to sustain attorney Niemeyer’s objection to this tape, and she throws it out.

The next intercepted call was a text message that was done on 03/06/15 that concerned a gun that CHP Officer Eduardo Quintanar had sold, but failed to change the name of ownership on. He ended up losing his badge, service gun, ID card, and was fined on this by the CHP. He was able to return to work after having two weeks off without pay.

The next call was done on 036/08/2015 between Eduardo Quintanar and Matthew Keestler. In this call, I could hear Quintanar saying: “Bunch was at my office, and wanted to speak to my supervisor.”

The next call was a message Quentanar left on Mark Frost’s cell phone on 03/5/2015 where he describes how Kirk Bunch came to the Modesto CHP Office and called Matthew Keestler.

The next call was done on 03/14/2015 where Quintanar called Jim Frost and Frost asked him: “What’s going on?” Quentanar could be heard explaining how he had gotten in trouble concerning the sale of the gun, and how he was totally done with that situation, and back to work.

The next call was from Quintanar and CHP Supervisor Serratto how his daughter was throwing up, and how his wife was sick, and how he was going to be a couple of hours late coming into work. This call was done on 03/09/2015.

Another call was played from Quentanar and Serratto that was done on 03/09/2015. Absolutely nothing relevant was contained in this call.

At this time, Judge Zuniga states to Marlisa Ferreira: “You have such a broad theory, this is not relevant, NO.” It is obvious that the judge is not impressed with any of these calls being played.

The next call was done on 03/10/2015 between Eduardo Quintanar and his wife Heather. Heather Quintanar: “Bunch stopped by our house, and I told him that I don’t have to speak to you.” Heather Quentanar: “What have you done?” Eduardo Quintanar: “I have not done anything, I will call the Captain.” During this call, we could hear Heather crying, and she says that Kirk Bunch said: “Your husband is going to be arrested.” Eduardo Quintanar: “He is full of shit.” Eduardo Quintanar: “Go on Youtube and look, he is a scum bag.” I would agree. It is now time for our 11:00AM fifteen-minute break.

After the break, we hear a message that Quentanar left for Mark Frost where he describes the “Fiasco at my house.” He describes how Bunch threatened his arrest to his wife, and how his wife was crying. He wants Frost to call him back.

The next call was from Quintanar to Serratto where he requests his help, and describes the incident at his house. Serratto calls him back on the same day, and tells him he does not have to talk to Bunch, and his wife does not have to talk to Bunch. Serratto I believe says: “He is a fucking nut job.” I would agree given his Psychiatric history. Serratto: “The DA’s Office has no idea.” Serratto: “Fucking file a restraining order.”

On 03/10/2015 a call from Quentanar to Serratto was recorded. Serratto is heard saying: “Don’t make any contact with this dude.”

There is another call on 03/10/2015 from Quentanar to Matthew Keestler where Quentanar tells him what has happened at his home. Keestler tells Quintanar: “He probably has the phone tapped.” Quentanar: “I don’t do criminal shit.”

Another call from Quentanar to female CHP Officer Cindy White was done on 03/10/2015 where Quintanar tells her the same story.

The next call was done on 03/10/2015. It was from Mark Frost to Eduardo Quintana. Frost: “They took everything from Walter Wells, and sent him home on administrative leave.” Quintanar: “I don’t want that shit to happen to me.”

The last call that we heard in the morning session was done on 03/10/2015. It was from Eduardo Quintanar and his wife Heather. In this call, Heather can be heard describing how a neighbor came by. His name was Mike. Heather describes how Mike had told her: “Bunch is a good guy.” Mike had been spoken to by Detective Jon Evers. The detectives were trying to get to her through her neighbors. We are now done with the morning session. I will be back in the morning for more fun and games (I wish.)

jenson

Sincerely; William Thomas Jensen (Tom)     

 

 

 

FRANK CARSON et al 9-12-2017pm (MARTY)

MCFARLANE/QUINTANAR PRELIM DAY IV

By Marty Carlson

9-12-2017


The afternoon session started with the continuation of a wiretap phone call of Quintanar talking to his wife. She was concerned about Kurt Bunch going to her job in creating the same type of issues for her that apparently is happening to Eduardo. Her comment seemed a little bit disillusioned about what was going on and by saying they are all law enforcement officers and supposed to be on the same team and same side. Quintanar was continually trying to reassure her that he has done nothing wrong, and has stopped hanging out with the people that are allegedly involved in this investigation. In addition, he has changed CHP offices.

All the recordings basically say the same things and I’m going to list the date and times and who was in the recording that a synopsis of what was said.

Recording at

March 10, 2015 at 2026 hrs. Quintanar talking to somebody by the name of Cerrado.

March 10, 2015 at 2029 hrs. Quintanar talking to Sgt. Green

March 10, 2015 at 2226 hrs. Quintanar talking to somebody by the name of Charlie I did not catch the last name.

Those phone calls were in regard to talking to the command level in the California Highway Patrol advising what had happened and what his options were. Quintanar felt that Kurt Bunch had gotten out of hand by talking to his wife and telling her that he had been lying to her and he was about to be arrested was inappropriate and he was out of control, he also stated to all the folks listed above that Kirk Bunch had said all these in front of his daughter, and knew that he was at work when he went to his house.

The next recording March 11, 2015 at 0827 hrs. talking to Roberto Iniguez this was a text message Quintanar had sent to Iniguez where he stated he would not open the door for you these investigators unless the Sgt. was present, and just simply wanted to be able to step back and calm down.

The next recording March 11, 2015 in the same line of text messages they were joking about if they came back again it would end up being a swat callout.

The continued texting said he would melt down the barrel of his AR LOL. And they continue to joke how it would be equipped with a recording device like a go Pro.

At this time, the district attorney asked Steve Jacobson if Quintanar had an AR 15 there is multiple objections as to relevance and the judge said it is not relevant to what they are charged with.

And then in the continued texting messages and again asked what did you do and what is the issue? Quintanar responded by saying he thinks I am involved in a missing person case, and in a guess responded no ship. They went on to talk about the people at pop and cork that had been arrested but then let go because he knew their rights.

Apparently, the judge stated that the complete text in the messages is not in the transcript and Steve Jacobson was reading the transcript offer his computer with the transcript to be provided later.

There was another wiretap phone recording on March 11, 2015 at 0850 hrs., I’m not sure who the conversation was with, there were discussing how arrests or detained people are told they do not need to talk to law enforcement in usually they are free to leave if simply detained. And it all comes down to what is can be proven in court not what is thought in your mind.

An additional wiretap recording from March 11, 2015 at 1404 hrs. Quintanar is talking to a James Woodley. Quintanar is talking about Kurt Bunch in the situation that has occurred in the situation Bunch is trying to put him in. He was continually talking about the situation with Bunch trying to talk to his wife and what he tried to pull. Then they had a long conversation in regard to Walter Wells and his situation of being on administrative leave. They again went into a long drawn out conversation in regard to Kurt Bunch and his activities.

At this time, the district attorney asked Steve Jacobson if Quintanar had sat down with investigators for an interview, which led to multiple objections as to know foundation or relevance to this line that she is pursuing now. The judge advised the district attorney that she is again trying to get hearsay evidence through Steve Jacobson based on what another 115 officer had told her, and that was an issue that came up last week that she told is not allowed.

The next recording was on March 12, 2015 at 0905 hrs. it was Quintanar talking to a gentleman by the name of Frost, I’m not sure to which one there are two that he was communicating with. They were talking about the Walter Wells situation and a problem child who may be what Frost thought was a “black guy.” But apparently, he had been mistaken about who Bunch was. Frost was commenting with things like Kirk Bunch needs his ass tuned up especially after the Walter Wells situation. Then general conversations they had about other office business.

The next phone call was at March 13, 2015 at 1722 hrs. Quintanar is talking to Roberto is a guess again. And right at the start the judge had him stop the audio and advised the district attorney that the people transcribing the audio are again putting personal opinions in parentheses in the transcripts, as he had done before and is not appropriate and wants it removed. At that time, they went through the transcript to repair the mistakes.

Again, there was a repeated conversation about Kurt Bunch’s activities and may be Quintanar needed a TRO and they discussed the neighbor a little bit. They also discussed about Quintanar being sure to keep command in the loop about what was going on, and he stated that when he was constantly doing and had been doing the last few days.

Next conversation is March 15, 2000 15 1528 hours Quintanar talking to a James Woodley. At this time, the judge asked the DA if this was just another call where they are sitting around complaining about Kurt Bunch. She has listened to repetitive calls saying the same thing over and over again. Marlisa Ferreira told the judge that Quintanar is using command to protect him and his lies keep growing bigger. She said CHP policy was to cooperate but Quintanar never did. She then went into a long narrative about Quintanar’ s activities from 2012 and now.

Judge Zuniga advised her is getting cumulative. Mme. district attorney kept interrupting the judge in fact was begging the judge not to strike any further recordings as she will see if she lets them play them they have a value. The judge repeated again it’s getting cumulative and there better be some different information.

The next call was on March 16, 2015 in 1955 hrs. Quintanar was talking to a Chris node. There were discussing work issues and internal affairs search of Walter Wells was car and locker and his administrative suspension. Then there was basic conversation after. Node noted that he had had conversation with Kurt Bunch before and was familiar.

The next conversation was March 17, 2015 2101 hrs. Quintanar talking to Mark Frost. They were talking about Quintanar getting sent home at the end of his shift under suspension by internal affairs. The notice that they gave him was for dishonesty in 2012. Mark Frost was giving advice and stating that Kurt Bunch had been complaining about Quintanar, and Quintanar was taken off the job with pay. He was sent home before his tickets and reports were finished, they said they take care of them.

That was the end of the day as some of these recordings I abbreviated but were basically the same information repetitively and as you see Jim Cook was scheduled to be in this afternoon at 13:30hrs and obviously did not happen.

The judge inquired of Mme. DA of how many more recording she had and she stated that she had six more warnings and stated they would not take very long but again that’s what she said the last court date saying the wiretaps would to be done in half a day today.

Court was then put in recess to be back in session at 9 AM tomorrow.


FRANK CARSON et al 9-6-2017 pm (Marty)

MCFARLANE/QUINTANAR PRELIMINARY HEARING

Day II

By Marty Carlson

9-6-2017

BUNCH

The afternoon session started with Kirk Bunch on the stand still.

And there were still discussing the March 24, 2015 interview and he stated he did not show Edward Quintanar any other documents like phone records only the search warrant that he had for his house. It was also noted it was a document for search warrant for two other places one was Walter Well’s residence, he did not say what the other one was.

There were discussing the day that he was at the CHP office where Quintanar had driven out of the parking lot without talking doing, it was about 2100 hrs. when he arrived and about 2130 hrs. when he left. He stated that he had talked to a supervisor and said he saw Quintanar leave, and that person was an acting Sgt. by the name of Wilvey.(sp?) Again, no written report was generated for that incident. Attorney Gradford had requested that Kurt Bunch generate a report with his observations.

They discussed a report that was generated on August 28, 2017 from Chris Cook that Kurt Bunch had requested some information. There was no detail given about that information. After some minor discussion between the judge and attorneys it was revealed that there will be cell phone evidence presented which drew a sour look from the judge’s face with her noting the amount of time it took for cell phone evidence in the last preliminary hearing (7 weeks). She was reassured by Mme. DA that it will be short testimony and the judge stated she is heard that before.

Attorney Larry Niemeyer began questioning of Kirk Bunch, and asked if Kory Kaufman had a rap sheet drew the objection from the district attorney. And just a couple of things were noted and then the judge said is not relevant. But they did note there was a robbery charge some thefts.

Kirk Bunch had stated that Quintanar and McFarlane had been talking about Korey Kauffman’s past record and arrest history. He also had a history of using drugs. And apparently Bunch had asked if Scott McFarlane had thought that that may be an accurate assessment of Kory’s past. Had drew an objection from the district attorney which was overruled. They also asked Kurt Bunch if the facts were true about what they were saying about Korey Kauffman which to another objection which was again overruled.

It was also noted by Kurt Bunch thing Scott McFarlane had made a comment that he wanted Korey Kauffman to move away. Attorney Niemeyer asked Kurt Bunch if he was married and had children he said he did, and asked him if Heath thought that he would want somebody like Kory Kaufman living next door to him, which drew another objection, and the judge said it was not relevant.

Kirk Bunch also said that Quintanar had told him that Daljit felt that Scott McFarlane was working as an informant for law enforcement in Quintanar apparently had stated that he shared that believe with Daljit. Yet Quintanar also stated he did not trust Scott McFarland and he was a sneaky type person. They talked about Kevin Domby was contacted by Kurt Bunch after learning about the contacts between the Atwals, McFarlane, and Quintanar.

Kirk Bunch said that Scott McFarlane had said he would have to go through CHP channels to talk that he never withheld information, kind of. He went to McFarlane’s residence looking for McFarlane’s wife but she was not home, and he left the card. Scott McFarlane had contacted Bunch by email to make arrangements to meet. McFarlane was also present when his wife was interviewed. During the interview with his wife Scott McFarland voice no objections to the conversation. Kirk Bunch kept saying that McFarlane was not cooperative, but thanked him for his cooperation. He stated he had done that to keep a dialogue open. He had done for interviews in about a year. And Scott McFarlane had never denied an interview.

At that time attorney Niemeyer stated no further questions.

The district attorney went to do recross and asked who is Truxell, Kirk Bunch said he was a CHP captain but he had never talk to him. Troxell had called to complain about the investigation along with Matt Gessler Modesto. He stated Gessler trying to keep Quintanar from talking and had advised Quintanar that they had wiretaps working.

Kirk Bunch was asked what a “person of interest” means, he stated is someone who has pertinent information of a crime. Domby was told Walter Wells Scott McFarlane and Edward Quintanar were all POI’s.

He stated Quintanar became a suspect prior to him getting a search warrant. He said there seemed to be interference in the CHP command, namely Gessler and was a supervisor’s name Frost talking about difference between criminal internal investigations to the officers.

He stated he did not tell Quintanar he was a POI because he still had hoped he would just cooperate and in addition he had an ongoing wiretap and was still doing interviews.

He heard I believe it was Lieut. Frost tell Quintanar on a wiretap to cooperate and said Scott McFarlane was not cooperating due to him not being honest and straight forth in his interviews and talking about the others. And his comment of seeing Kory Kaufman on April 1, but knowing full well Kaufman was murdered already. No further questions were asked.

Alonzo Gradford again started asking questions about POI’s if they are also to confirm or eliminate as a suspect. Saying Quintanar is a POI also makes him a possible suspect and Kurt Bunch stated “absolutely.”

He talked about a wiretap where frosted said cooperate with allied agencies and the complaint was filed apparently with chief Intrebitzen (sp?) At the time, the division leader of the district attorney’s investigators office. Again, no report was written regarding that complaint, attorney Gradford requested a report be generated and Kurt Bunch plainly said “no.”

At this time attorney Gradford makes a motion to the court to dismiss all charges against his client for Brady violations and continued testimony of CHP officers telling Quintanar to cooperate but there was no previous discovery of this information. And at least would like time to bring some of these other witnesses in. Stated he wants to talk to these people in here their testimony that has not previously been discovered.

Mme. DA stated all the people in the chain of command staff at CHP has been available to the defense attorneys all along. Wiretaps and other reports have been available in the internal affairs investigations have all been available in discovery. She says Alonzo Gradford is the one who asked to Kurt Bunch talk to an open this line of discussion not the District Attorney’s Office.

Attorney Gradford argued that his scope of information was exchanged with the command staff at CHP. If Domby, and Truxell communications were not documented in reports they would not be in discovery for him to find out about.

Marlisa Ferreira stated the record is insufficient for a dismissal.

Alonzo Gradford argued that missing information that Kurt Bunch received from Domby saying that all CHP officers are required to participate in this investigation when POI’s. He stated why Quintanar didn’t talk to investigators prior to March 24, 2015, at the very least he requests a continuance to talk to these officers.

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At this time, the judge denied the request and saying is not necessary she just wants to get this preliminary hearing over with.

Kurt Bunch stated he did not tell Mark Frost that Quintanar was a POI. In addition, he was not advised or aware of any written policy that says officers must talk to investigators.

Larry Niemeyer asked Kurt Bunch of Quintanar ever told him that he personally believes Scott McFarlane was an informant, he stated actually no that was information developed through other conversations.

Re: Scott McFarlane’s cooperation and the Kory Kaufman viewing on Sunday, April 1, 2012, Kurt Bunch said he was vague about other conversations at pop and cork in regard to Korey Kauffman, and when he was pressed about those conversations he read applied he did not have the reports are transcripts in front of him.

Kurt Bunch constantly was saying Scott McFarland responses to interviews and questions were vague as he expected all police officers to be honest and straightforward in a homicide investigation. In addition, Kurt Bunch is basing some of his information about Scott McFarlane on statements made by Robert Woody, some through a jail recording with his brother Brian, saying that Scott McFarland was following, taking video, and tracking Korey Kauffman. After some questioning by the attorney Kurt Bunch did admit that it was just his interpretation that Scott McFarlane was being vague but he had information that he was doing surveillance and car stops on Korey Kauffman through Robert Woody.

In addition, McFarlane was watching recording and using binoculars to monitor Korey Kauffman. And McFarlane statements to him he was constantly reflecting answers and not being forthright.

Bunch was asked by the attorney about Bobby Atwahl statements, Scott McFarland was not able to recall particular conversations after two years, but Bunch kept saying he was vague and did not actually have a memory problem. Kirk Bunch said he expected us McFarlane to remember but was vague and asked him what was the first question he asked he stated he asked McFarlane if he knew what happened to Korey Kaufman and McFarlane said “no.” Niemeyer asked him what was vague about that answer in fact was in fact direct and Kurt Bunch kind of had to agree with that.

In regard to Bobby Atwahl he said McFarlane’s answers were vague and his participation in conversations at PNC he could not recall the said that should be something that imprinted in his mind. He said it was general conversations at PNC between other officers Woody and the Atwals. Kurt Bunch was continually going into long narratives and on this one stated memories never fade in regard to a murder investigation as people remember and keep those memories forever. In McFarlane’s answers were vague in regard to Baljit.

In regard to Daljit Atwahl there were many more conversations but he again he did not have his reports in front of him to refer to, but could get them shortly. The judge did not want to go through those reports is Larry Neirmeyer stated they can go through each one by one if necessary. Kurt Bunch did say that McFarlane had refused to answer some questions but was asked if a do not recall is to him is a refusal. Kurt Bunch felt that Scott McFarland is dishonest person and was refusing. And again, said that he felt that got McFarland was vague and simply just did not want to answer.

When pressed on why he thought McFarlane was being evasive he stated things like the rolling of the eyes, body language and other observations that he made told him that. He stated that specific questions were deflected and deflection is not an answer but just moving the conversation on to another subject.

He was asked if McFarlane ever stopped or ended an interview he stated no that he had always terminated the interviews and thanked him for his cooperation to keep in open dialogue for down the road. He was asked about when Scott McFarlane was seen on either March 31 or April 1 of 2012 after the theory date and if there was a second person that it also seen Korey Kaufman. He said yes there was a Jesse lepew would also made a statement of seeing Kory on one of those dates but later recanted that information. That interview was not done by Kurt Bunch himself but Steve Jacobson.

Kirk Bunch stated that that information of Korey being seen on those dates is not relevant nor destroys his timeline, and stated again that Scott McFarlane was not being mistaken but deceiving about seeing Kory Kaufman. He also had heard on a wiretap McFarlane had told Walter Wells about the Korey Kauffman citing. They also referred to officer O’Keefe who testified earlier this week about he believed Kaufman was seen but it did not appear to be sure a sure thing. No further questions were asked at this time.

Mdm. DA asked why he Kurt Bunch terminated the interview with Scott McFarland he stated because they were developing other information through other sources like Robert Woody and wiretaps. And he also said this McFarlane never told him about stopping Korey Kauffman in Turlock. Kurt Bunch said he did not believe McFarlane about these the Korey Kauffman sighting when you want due to information that he were developing on the wiretaps and other information like Robert Woody. No further questions asked.

At this time, a little conversation took place with the judge and attorneys about cell phone evidence, as their waiting for John Evers to give him in the room, and apparently Chris Cook or Jim Cook is going to take the stand in this preliminary hearing in the judge stated she did not want a repeat of what happened in previous hearing. Mme. DA assured her that it was short testimony.

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Jon Evers was then on the stand, stating that he had interviewed McFarland and the DA wanted to identify McFarland in the courtroom to confirm identity. A slight humorous moment was had by all when Jon Evers started giving compass directions North South and West of the location of the walls in the room and the location of Scott McFarland in reference to those locations. The judge asked him to simply just tell us what he’s wearing.

He stated on 37 in 2014 he interviewed McFarlane at his residence and he stated McFarland knew about the investigation due to the media. And he had talked to Scott McFarlane about damage to the store during the search warrant, and he stated he knew Robert Woody and was aware that Woody had been arrested. Woody was also known by the alias as 5 – 0. McFarlane stated that he was actually closer to Daljit and he would go to PNC to hang out in by his beer. He stated he was there frequently.

Evers said the McFarland said Kaufman was a tweaker and a thief, he rides a bike around town had all kinds of tools on it and apparently had done a traffic stop or two on him in the past. McFarlane had talked to Turlock Police Department in regard to Kaufman and his activities. He advised them of a pickup that had had metal recyclables in it the Kaufman was driving and asked Turlock to keep an eye out for it.

McFarlane had told Evers that he was irrigating on Sunday, April 1, 2012 and saw Kaufman riding his bike, but Mike Cooley had stated that Kaufman’s bike was still at his house. He stated that McFarlane stated he saw Kaufman again at 9 AM at his residence next door to McFarlane’s house. McFarland had also told him that he had received a wiretap intercept letter in regard to a phone conversation.

McFarlane had talked to Robert Woody and it was discussed about a container that went missing off the Frank Carson property after the July 15, 2012 search warrant. And apparently McFarland had let Bobby Atwahl borrow a 30.06 rifle to go hunting with around the Los Banos area. Scott McFarlane never mentioned any trips to Mariposa County.

McFarlane had stated that the Atwals had filed complaints against Kurt Bunch in the District Attorney’s Office after the first search warrant, for the damage done. Scott McFarlane also never mentioned he gave a 22-caliber rifle to the out walls. He said McFarlane stated that Kaufman was a scrapper and conversation at PNC with the Atwals was never about how to subvert an investigation. In addition, Scott McFarland was asked but declined to wear any type of recording device to record the Atwals or get any other information for the investigation.

He stated Scott McFarland discussed people were spot checking Frank Carson’s property especially the antique cars that were parked in a warehouse that were getting stripped. McFarlane also stated that the Atwals were good friends and stated he was friends with Walter Wells in addition they were workmates on different shifts.

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Jon Evers stated that McFarlane said he had talked to no one else but Walter Wells was discussed and they did discuss about Daljit hated thieves. Evers also stated McFarlane mentioned that Robert Woody was giving information is a confidential informant. Evers stated that he confirmed that Robert Woody was not an informant in this case. McFarlane also knew about Bobby’s and Robert Woody’s threat to Michael Cooley and asked if he reported those threats to any law enforcement officers he said he did not.

At that time, it was the end of the day and court was taken into recess until 9 AM tomorrow.