FRANK CARSON et al….. 9-19-2017 (Tom)

HOUSE OF CARDS FALLING DOWN

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BY WILLIAM THOMAS JENSEN (TOM)

9-19-2017

I apologize in advance for the lateness of this report. I was in the courtroom the entire day, and took lots of notes. This one is going to be a long one. I anticipate about three hours of work at the computer tonight.


Today, I can truly say that I can see an end to this never-ending ordeal. The Minute Order issued by Judge Moody on September 15th has put the prosecution on the hot seat. I have visions of them being strapped into an electric chair. They have until Friday to provide a complete list of all evidence that would show any involvement of Frank Carson with the Athwal brothers in the alleged murder of Korey Kauffman on the Carson property. I have sat through over a year and a half of testimony, and there is no evidence that I can remember that would fit this category. Robert Woody, in his latest version of lies, did not put Frank Carson, or any of the CHP Officers, at the scene of the alleged murder. We hear that they are working like lunatics trying to compile their list by Friday. No rest for the wicked. Many informed observers in this case feel that there is a very strong chance that Judge Mooney will rule that there is insufficient evidence to hold Frank Carson over for trial.

On September 13th, 2017, DA Investigator Kirk Bunch engaged in misconduct towards defendant Frank Carson within the Stanislaus County Courthouse. Kirk Bunch approached Frank Carson in the courthouse hallway, and threatened Frank by saying: “Your next” in a very menacing and intimidating manner. This followed the conviction of a murder defendant who was represented by Frank’s attorney Percy Martinez. The threat was heard by multiple witnesses, and was reported to law enforcement. It is even believed that this incident was captured on the courthouse surveillance cameras. Kirk Bunch is being charged with contempt of court.

Last week, Marlisa Ferreira rested her case against CHP Officer Scott McFarlane. There is not a shred of evidence that supports the charges that he faces in this case. Scott McFarlane was shown to be very cooperative with the investigators. Many informed observers in the courtroom feel that he will not be held over for trial.

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The Preliminary Hearing for CHP Officer Eduardo Quintanar is going very poorly for the prosecution. Marlisa Ferreira, in her arguments tried to show that Eduardo Quintanar was trying to use the CHP as a shield to protect himself from prosecution. CHP Sargent Domby, on the stand last week, testified that Quintanar was following department protocol by seeking their assistance and advice with the problems that he was experiencing with the investigators. Cell phone data analysis by self-proclaimed cell phone expert Jim Cook showed that there was no communication between the CHP Officers and any of the other defendants in this case during key dates and times associated with this case. Jim Cook tried to show that Walter Wells and Eduardo Quintanar were moving at certain critical times associated with this case. It turns out that both of them were merely driving to and from their CHP offices which are out of town. Jim Cook tried to show that Walter Wells did not communicate with his CHP partner during a two-month period. They were trying to show that this was because of a “Consciousness of guilt.” It turns out that Walter’s partner was on active duty with the California National Guard during this two-month period. Most of the courtroom observers that I sit with believe that all the CHP Officers will not be held over for trial.

That just leaves us with the Athwal brothers. Why would the Athwal brothers be involved in an alleged murder of Korey Kauffman on the Carson property when Frank Carson was not involved? How can anyone believe Robert Woody’s latest version of lies when he has lied on all 14 previous versions of his story?


We are hearing that the prosecution is trying to use the testimony of Beverly Woody in some of their recent pleadings. There is a big problem with this. Beverly Woody’s testimony was almost entirely stricken by Judge Zuniga. Beverly Woody suborned perjury by holding up a sign while visiting her son Robert Woody at the jail. She was trying to get her son to change his testimony to conform to what she had testified to in the courtroom. Beverly Woody also perjured herself on the stand. Now I will try to paint for you yet another picture of what happened in the courtroom today.

Once again, we start out significantly late because Judge Zuniga did not show up on time. I heard from one of the people who drove from the Bay Area that the traffic was fairly light this morning. When we were finally allowed into Department 2, we waited an additional length of time while discussions were had in the Judge’s chambers.

Baljit Athwal’s attorney, Jai Gohel was tied up with another trial, so Daljit Atwal’s attorney Hans Hjertonsson represented both of the Athwal’s in the courtroom today.

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They announced that the prelim for Quintanar will be continued until October 18,2017. Much of the testimony we have heard has involved things involving Quintanar, and it seems to me like the prosecution has failed to show anything that would constitute a crime. Robert Woody did not put any of the CHP Officers at the Carson property during his last version of lies. Perhaps Marlisa will say Woody is lying about that, but believe the rest he has to say. Why the CHP Officers are having to defend themselves, and go broke doing so, baffles me.

Walter Wells Attorney, Peter Rodriguez was not able to make it to the courtroom until a little bit later, so Eduardo Quintanar’s attorney Alonzo Gradford represented Walter until Peter Rodriguez arrived. I am really impressed with the teamwork that I see between the defense attorneys.

We start out with defense attorney Robert Forkner, who is representing Frank Carson, starting a 1385 Motion to dismiss. Forkner states that Marlisa Ferreira made misstatements (Lies) about the Stanislaus County Jail House Logs being available for the defense attorneys to view. He states that Marlisa Ferreira had stated that these logs are public information. This is simply untrue. Forkner states that all attorneys in Stanislaus County have been forced to subpoena these jail house logs in order to get them. Forkner states that the DA’s Office, and the other local law enforcement agencies are the only ones who can access this information on their computers. Forkner cites the recently tried Misetti case, where he was told that these logs were not public information, and he would have to subpoena them. Forkner: “What Marlisa said is not true.” (A Lie).

At this point I once again see both Marlisa Ferreira and Kirk Bunch shaking one foot nervously. Forkner asks Judge Zuniga to grant his 1385 motion. It is now 10:18AM, and Walter Wells’ attorney Peter Rodriguez arrives in the courtroom. Marlisa Ferreira makes an objection. Judge Zuniga tells Marlisa she wants to know how she got that information concerning the jail house logs being public information. Judge Zuniga: “I want to hear from someone from the jail.” Marlisa has the balls to object to this request from the judge. She is so full of herself it hurts. Judge Zuniga overrules her objection, but says Marlisa can cross examine on this matter.

DA Investigator Kirk Bunch takes the stand, and is sworn in. He gives his background in the DA’s Office as Marlisa Ferreira asks him questions. He states he is a Criminal Investigator II with 18 years of experience at the DA’s Office. He starts testifying about a program named ICJAS that originated at the Stanislaus County Sheriff’s Department. This program allows authorized persons to access jail house visit logs, criminal histories, court dates, etc. concerning persons being incarcerated in our county. Bunch states that this program is available with no restrictions to the Sheriff’s Department, Modesto Police Department, Ceres Police Department, Turlock Police Department, and the Probation Department.

Defense attorney Robert Forkner takes over on cross examination of Kirk Bunch. Forkner tells Bunch that he described ICJAS as a valuable investigative tool. The problem I see with this program is that the prosecution can immediately know if a lawyer visits a prisoner, or if the prisoner is visited by a specialized person involved with his/her case. It seems to hinder the prisoner’s ability to mount an effective defense when the prosecution knows immediately what he/she is doing, and who he/she is talking to. The whole legal system seems to me like it forces you to defend yourself with one arm tied behind your back.

Defense attorney Hans Hjertonsson asks Bunch if he had ever observed attorneys in the DA’s Office accessing the ICJAS program, and Bunch said he had not.

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Defense attorney Peter Rodriguez brings out the fact that access to the ICJIS program is specific to the attorneys in the DA’s Office, and that other attorneys have to resort to subpoenas in order to access them.

At this point, Marlisa Ferreira steps out of the courtroom to speak to someone.

When Marlisa returns to the courtroom, she calls Detective Jon Evers to the stand.

While Evers sits on the stand waiting for Marlisa to ask questions, the Contempt of Court issue concerning Kirk Bunch threatening Frank Carson comes up. Judge Zuniga schedules a 1538.5 Hearing on November 14th to settle this matter. This is the day before the Pitches motion is scheduled to be heard.

It is now 11:30AM, and we start the Trombetta Motion concerning missing exculpatory evidence in this case. Evers is on the stand. It is stated that Officer Derek Perry is sick for at least one month. How convenient, so Evers can do Prop 115 testimony for him. Defense attorney Robert Forkner tells Judge Zuniga that he has marked all of Perry’s pertinent testimony from the preliminary hearing. He provides these marked transcripts to the judge. (Joint B and C) Perry’s testimony concerned missing game cam images that contained game cam photos of several people of interest in this case at the grave site of Korey Kauffman.

It is now 11:36AM, and defense attorney Robert Forkner has Evers on the stand. Evers describes how Derek Perry took game cams to where the remains of Korey Kauffman were found in the Stanislaus National Forest near Mariposa. Evers states he went with Perry to set up the game cams. He remembers two game cams, although testimony earlier in this Preliminary Hearing indicate there were three. He states that both game cams were identical. One was placed in the bushes facing the roadway leading to the grave site. The 2nd game cam was placed in the trees close to where the bones of Korey Kauffman had been found in a gully. He stated that at one-time Kirk Bunch, Jon Evers, Derek Perry, Navarro, Hendricks from Mariposa Police Dept., went up to check on the game cams.

Evers tells Forkner that Derek Perry went up to check on the game cams after they were initially set up, and got the discs from the game cams, and downloaded them to his computer, and made CD’s of the images. Evers testified that he was able to view the CD’s with the images from the game cams. He saw the images full screen on a computer.

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Evers testified that Perry told him he deleted the images from the game cams after downloading them to his computer. Forkner: “Did you confront Perry about deleting the images from the game cams?” Evers: “Yes.” Forkner: “Did Kirk Bunch confront Perry about deleting the images from the game cams?” Evers: “Yes.” Forkner: “What did you tell Perry about deleting the pictures from the game cams?” Evers: “I told him to preserve all the images, and to stop deleting the images from the game cams.” Forkner: “When did you find out Perry was deleting images from the game cams?” Evers: “The first time he went up and retrieved the images.” Evers: “He said he did not see any people on the images.” Evers testified that he did not know if images from any vehicles were deleted from the game cams. Evers testifies that Perry brought his computer with an image of a person of interest in this case. He stated that this person was associated with Bobby Tickner. Evers states that Bobby Tickner was also a person of interest in this case. Forkner: “Did a white pickup truck owned by Bobby Tickner come involved?” Evers: “Yes.” Forkner: “Did this pickup truck come up during one of the statements from Michael Cooley?” Evers: “I don’t recall.” Forkner: “Did Michael Cooley describe Korey Kauffman’s body being put in a white pickup truck that matched the description of Tickner’s truck?” Evers: “I don’t remember.” I remember something about this earlier in this Preliminary Hearing. Forkner: “Was the pickup truck white, full sized?” Evers: “Yes.” Evers states that David McMillan and Jason Armstrong were all friends of Kevin Pickett.

Forkner: “Was anybody captured on the game cams?” Evers: “David McMillan.” Evers said he was able to identify McMillan on the game cam image from information from Kirk Bunch. Evers states that the information about the grave site came from Kevin Pickett. Apparently, he had gone up to the forest, and came across the grave site which was marked with pink flags. Forkner: “Was there a name on the pink flags?” Evers: “No.” Forkner: “Was this before the Robert Woody arrest?” Evers: “Yes.” Forkner: “Was this before he told Miranda Dykes Korey Kauffman’s body was laid on the ground?” Evers: “Yes.” Forkner: “Was the picture of David McMillan ever printed?” Evers: “I think so, not sure.” Forkner speaks about the transcripts as to how they concern this issue. It is now time for lunch.

It is now 1:35PM, and we are back with the 1385 motion. Maureen Keller takes the stand. She is the Chief Public Defender for Stanislaus County. She states that in her 21 years with the Public Defender’s Office she has never had access to the jail visitation logs. She states that she has had to subpoena them in order to get them. She states that the Public Defender’s Office does not have access to the jail visitation logs. Keller: “We do not now.” It seems the Public Defender’s access to ICJAS is limited, and they can’t access the jail visitation logs. She states that they can’t access the booking information, or the visitation logs.

Evers comes back to the stand. Evers states that Kevin Pickett came by Pop N Cork Liquors and spoke about how he ran into Jason Armstrong, and how Armstrong had told him he could take Pickett up to the grave site of Korey Kauffman. Evers states that this was before Miranda Dykes wore the body wire. He states that Kevin Pickett, Jason Armstrong, David McMillan, and Bobby Tickner had been to the grave site, and that they knew where the grave site was. Forkner: “Where is the photo of David McMillan?” Evers: “Don’t know.” Forkner: “You reviewed the CD’s” Evers: “Yes.” Forkner: “Did you see the picture of McMillan?” Evers: “No” Evers: “It wasn’t there, I don’t know happened to it.”

Forkner speaks about game came one. He speaks about a three picture gap in the sequentially numbered pictures that were initially taken on this game cam. Evers admits that the three images are missing. Evers states he doesn’t know what pictures are missing on these three images. Forkner: “Were there images of guns?” Evers: “Yes.” Forkner: “Camouflage?” Evers: “Yes.” Evers states that the picture of McMillan had him in camouflage with no weapon, and his face was painted. Forkner: “Did you see anything in the background?” Evers: “Don’t remember.” Forkner: “See any vehicles?” Evers: “No.” Evers states he saw only trees in the background. Evers states that McMillan was looking at the game cam and was smiling. (Like he knew it was there.) Forkner: “Were there any pictures of Bobby Tickner?” Evers: “No.” Forkner: “Did you question Perry on the deleting?” Evers: “Yes.” Evers: “He said he deleted all the first pictures from the game cams.” Evers testifies that Derek Perry had the game cam pictures stored in his garage. Judge Zuniga ordered Perry to search his house, because initially he said he could not find them. Forkner: “Why were these pictures at Derek Perry’s house?” Evers: “I don’t know.” Forkner: “Was there an investigation about Bobby Tickner’s marijuana grow site?” This was objected to, and Forkner states that this grow site was very close to where the body of Korey Kauffman was found. Forkner states that the Stanislaus National Forest is millions of acres, and this was a needle in a haystack situation.

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Marlisa Ferreira takes over asking Evers questions. She brings out through Evers that Officer Perry reviewed nothing but trees on the initial deleted game cam images, and that is why he deleted the pictures. Evers testifies that David McMillan found out about the grave site from hunter David Crosby who showed the grave site to him. Marlisa Ferreira states that McMillan was dressed in hunting attire, and had gone up to the mountains to hunt. It was deer hunting season. Evers testifies that Johnny Padilla had talked about a white pickup truck, and had done an investigation on this truck. Evers testifies that the white pickup truck had been towed before the murder of Korey Kauffman, and was still in the tow yard when Korey Kauffman was allegedly murdered. This, according to Evers, is how the investigators eliminated Bobby Tickner from this investigation. Marlisa Ferreira is repeatedly warned by Judge Zuniga to slow down. She must have had way too much caffeine during lunch. The judge’s warnings went in one ear and out the other. Marlisa brings out through Evers that the body of Korey Kauffman had been found in August of 2013, and that the information was announced to the public at the same time. Evers testifies that he could not see the hands of David McMillan in the game cam photo, and could therefore not see if he was carrying a gun. Evers testifies that nothing could be deleted from the CD’s because they were CDR’s. CDR’s can’t be deleted and used again. They are a “Read only” format. During Evers testimony, I can see Kirk Bunch nervously pumping his foot under his desk. Again, Marlisa Ferreira is warned to slow down.

Evers testifies that the information about the body being found was let out to see if any of the people the investigators had interviewed would go up to the grave site. Evers testifies that none of the three main suspects had been interviewed at that time. Evers states that the suspects in this case included Baljit Athwal, Daljit Atwal, Frank Carson, and Robert Woody. What about Michael Cooley? Evers tells Ferreira that he does not remember if the picture of David McMillan was taken during the daytime or during the night. Evers states that David McMillan was cooperative when interviewed by the investigators. Evers states that Jason Armstrong was cooperative.

Defense attorney Peter Rodriguez asks Evers if the first set of game cam images were deleted from the game cams. Evers: “That is what I was told.” Evers speaks about the three deleted pictures. Evers: “Those pictures got copied over.”

Defense attorney Robert Forkner takes over with Evers. He asks Evers if his 07/01/2016 report is in front of him. Evers: “Yes.” Forkner: “Did you get 7 CD’s from the DA’s office to review?” Evers: “yes.” Evers said this report was prepared in 2016, much later than when the events occurred. The report was prepared after Judge Zuniga ordered it to be done. Forkner: “In the press release about finding the body, did you give the name of the road?” Evers: “No.” Forkner: “Did you give the GPS coordinates in the press release?” Evers: “No.” Forkner: “Did you just say the body was found in the Stanislaus National Forest?” Evers: “Yes.” Forkner: “Is there millions of acres in the Stanislaus National Forest?” Evers: “Yes.” Forkner shows how in all of the CD’s, only three of the images were missing.

Defense attorney Peter Rodriguez: “Why did you not go to the computer to see what the three images that were missing were?” Evers: “I don’t know.” It is now time for our 3:00PM break.

We start up again at 3:20PM. Marlisa calls Robert Dan Tres to the stand. He is the Senior Software Developer at the Stanislaus County Sheriff’s Department. He states that the Public Defenders do have access to the “Jail screens.” This was objected to by Robert Forkner. Forkner states that this whole issue centers on the Jail visitation logs only. Judge Zuniga: “They are saying that you misled the court on access to the jail visitor’s log.” Judge Zuniga rules that Marlisa’s question was not relevant. Forkner: “Was the visitors log available to the Public Defender’s Office?” Dan Tres: “No.” Forkner: “Why?” “Dan Tres: “I don’t know.” It has not been available for the Public Defender’s Office for the last 14 years. Forkner: “Is it available for the Superior Court?” Dan Tres: “Yes.”

It is now announced that we will be back in the courtroom tomorrow at 1:30PM to continue the Trombetta Motion. Kirk Bunch gets back on the stand and lists a couple of Judge’s and a couple of clerks in the Superior Court that have access to the jail visitation logs. One of the judges was Dawna Reeves. It is now announced that we will be in court Monday at 11:00AM.

Defense attorney Peter Rodriguez asks Dan Tres if he personally knows if people listed on a list have jail house visitation access. He does not know.

Kirk Bunch is now back on the stand. Marlisa: “When you saw the picture of McMillan, was it during the day or the night?” Bunch: “Day.” Marlisa: “Did you tell Perry to preserve the pictures?” Bunch: “Yes.” Bunch testifies that the picture of McMillan showed him in hunting attire with a younger child. Marlisa: “Was there a report done on this?” Bunch: “Yes, by Lingerfeldt.” Marlisa: “Did you attempt to get the photos from Perry on other occasions?” Bunch: “No.” Bunch testified that he spoke with Perry on the phone and told him that Judge Zuniga wanted him to check his property and look for the photos.

Robert Forkner asks Bunch questions now. He brings out that Derek Perry lied about Kirk Bunch asking him to go to the Ceres Police Department to look at the game cam photos. Forkner: “Did Jason Armstrong refuse a polygraph?” Bunch reluctantly admits that Jason Armstrong refused the polygraph. He states that Special Agent Brody was present to do the polygraph. Forkner: “Did you go to the Ceres Police Department to look at the game cam pictures?” Bunch: “No.” Bunch testifies that he never used Perry’s computer to show photos from the game cam to others. Bunch testifies that he saw the picture of David McMillan only once. We are now done for the day.

We are going to continue this hearing on September 28th. Walter Wells arraignment is scheduled for October 18th. This took me five hours. Time for a Coors Light.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 9-19-2017 PM (Marty)

1385 MOTION (MISCONDUCT) AND TROMBETTA MOTION

by Marty Carlson

September 19, 2017


The afternoon session started about 1338 hrs. with the witness by the name of Maureen Keller called to the stand by Robert Forkner. She is a chief deputy public defender with the Stanislaus County public defender’s office. She testified that there are no computer programs, which includes CJIS’, that allows her to access the jail information on visitors, let alone family or friends or professionals visiting. She says in the past whenever she wanted to gain that information she’s had to issue a subpoena to the sheriff department. She also stated that the current upgrades have just put in place last August still have not given her access to those jail visit logs, and to her knowledge nobody else has access in the public defender’s office.

The district attorney went to cross examine and asked her what CJIS was for and she stated case management and the again repeated no inmate information can be access to her knowledge. It’s she was asked if the reset upgrade gave inmate booking information, and she stated the only access that she has is the same as any other citizen can access the online in custody log through the Sheriff’s Department.

For some reason Marlisa Ferreira brought up a Mari Cicinato, who apparently was the investigator the public defenders at one time, and the district attorney was claimed that she had CJIS access and’s Ms. Heller was not aware if she did or not. Marlisa Ferreira then started running down a list of other investigators who have may have had access, in fact it became a long list and Ms. Heller was not aware. At that point objection was made by Robert Forkner’s as he was saying the motion only is regarding the visitor logs.

It’s the DA then asked a different question asking if the subpoenas had worked in regaining the information and the judge told her not relevant. She was asked by Mme. DA if she could look at the page assign ends when she went to visit somebody at the jail and she said yes, she could see that one page but didn’t normally review everybody that gone into the jail.

Attorney Hans inquired if CJIS’s was mainly used just to track cases in the system she said yes. She also stated that she has seen countless people throughout her court system’s travels that had access that she does not have.

At this point the testimony got very difficult for me to follow at times because they were bouncing back and forth between witnesses in the 1385 motion and the Trombetta motion, as they became available.

At this time Jon Evers took the stand when called by Robert Forkner in the Trombetta motion. Jon Evers was asked the information received about David McMillan when Kevin Pickett had talked to Jason Armstrong at pop and cork one day. And apparently Jason Armstrong had told Kevin Pickett he could take him to the gravesite or Kory’s body was found. He was also asked and confirmed this information was known prior to the Robert Woody’s body wire recording that was done by Sunny Dykes’s apparently Jason Armstrong had told Kevin Pickett he has seen the site as we it’s where he goes hunting.

Jon Evers had no idea a photo of David McMillan that was taken by the game cam is at this time. He stated he does not have it and he reviewed all the CDs with pictures on them and McMillan was not on any of those pictures. Most of the photos on the CDs start at number one on the picture count and go up to large numbers depending on. Many pictures are on the CD. But there is one set of pictures with there is a gap with three pictures missing, and that unknown what those pictures were.

Evers testified David McMillan picture on the game cam is where he had walked up to it almost directly to the camera to have his picture taken, and was wearing hunting clothes, but noticed no weapon, but his face appeared to be painted like a hunter. He did not recall seeing any other people or vehicles in the picture but he did say there will he thought there were some trees in the background.

Derek Perry had talked about deleting the photos on the first CD that he had retrieved but he did not ask Perry specifically in regard to McMillan’s deleted photo. He said Derek Perry had deleted those pictures on his first trip to the mountains as he told them there was no pictures of value only wildlife and scenery. And he did not know why the CDs and evidence ended up at Perry’s house.

Evers said he never actually talked to Perry about how the evidence ended up at his house it was unknown which CD David McMillan was on and he was not sure about when the pictures were taken.

He was also asked if he was aware that the remains had been found so close to where Bobby Ticknor had a marijuana grow, and Bobby Ticknor’s associate at a campground even closer to where the body was discovered. At this time Robert Forkner entered into evidence previous testimony by Jon Evers in the preliminary hearing.

Mme. DA began cross examination again talking about Derek Perry telling them the original photos were just trees and scenery and again Jon Evers stated that he told them not to delete the pictures regardless. David McMillan was investigated after being to the site and directed there by the hunter Gary Crosby. In addition, Evers was asked if McMillan had a son with him he did not recall. The DA then started going through the timeline of when the game cams were put up in the mountains which was in September to October 2013.

In addition, she stated the Kory Kauffman’s body recovery was not released to the public until August 2013. Evers stated that Perry was the only one that had burned CDs from the game cams and he did not know what it happened to any other pictures, David McMillan picture on the game cam was documented in a report, and that report has been discovered to defense. He stated the purpose of putting up the game cams was in investigative technique to coincide with wiretap that they had working at the time. In addition, the CD’s were read only and files could not be deleted off the CD’s.

He stated that persons of interest with the Atwahl brothers and Frank Carson at that time.

It’s he stated that David McMillan had walked up to the camera and was smiling, but did not recall if it was day or night. He was also asked if he had interviewed Bobby Ticknor and Jason Armstrong and David McMillan and he said he had and they were all cooperative, and they all gave consistent information. No further questions asked at this time.


Robert Forkner again asked him about a July 1, 2015 report saying he had received sevenths CDs to review, and the report was requested by the judge in the preliminary hearing and had not been done initially. He stated press releases about the body and detailed information of location of the body only said Stanislaus National Forest. In all the CDs have a numerical series.

They ran down a listing of the pictures on the CDs and one particular CD I believe it was the last started with the number 538 which was missing, then went to 539 which was missing, and then went to 540 which was missing, then the pictures went from 541-865 all containing pictures. So, there was three images that were not transferred or disappeared. No further questions asked by Robert Forkner at this point.

Peter Rodriguez inquired if he tried to recover the images that were on that disc Evers said he did not did not recall why he had made an effort. No further questions asked.

We went to break and when we came back the district attorney called Robert Van – treat, back on the 1385 motion.

This gentleman is a senior software developer for the Sheriff’s office and manages its CJIS computer system. He stated that he had reviewed the system, as requested prior to coming to court today. And when he was asked if the police departments in the area have access to the jail screens he said yes. The judge at this time stepped in told the DA she needed to focus on the visitor’s log as that is what the complaint is about and the DA wanted to argue that she needed to put more information out and the judge told her no it’s about the visitor’s log anything else is ill relevant. The witness said the public defender’s office as far as he knew is always had access to the visitor’s log. He was asked if the Superior Court has access he said yes. This probation has access he was unknown about probation, and he and then he was asked about outside agencies and again he said unknown.

Robert Forkner asked Mr. Van -Treat if he was present in court when the public defender was testifying, and he said yes, he was. He stated that he was not aware if clerks in the courtroom have access to the visitor’s logs.


At this time, the judge admonished Marlisa Ferreira were being on her phone at the counsel table while court is in session, and Mme. DA stated judge I have to look at it, I’m looking at the list of people that have access to this system, then said “do you want to see.” In a very sarcastic manner, and the judge took her to task again advising her to change her tone of voice with her. Judge Zuniga was not happy.

The witness stated that the Superior Court employees do not have the same level of access as to the District Attorney’s Office, and he did not know who else had access to jail visit logs or who in the Superior Court has access, he would have to do a review to for find out.

Attorney Hans asked the witness if the system was designed initially at the case management system, and the witness said in part it is and again he repeated the public defender does have access and has had for some time.

Alonso Gradford then started asking the witness if he did a search today of Superior Court access. At this point, again Mme. DA interfered and began talking to the judge about an unrelated issue in the judge very smartly told her to let Mr. Gradford finish his question. Apparently, there was a list of 178 people in the court system that have access.

Mme. DA then gave the witness the list of those users in the Superior Court and he was not sure if all are able to access jail screens it depends on the role that has assigned them in the system, basically means the level of access they have.

Robert Forkner asked the witness if he looked at each and every individual that has access, and he stated he had spot checked seven or eight, but was not totally sure about the total levels of access. Apparently, some of the people on the list are former employees or retired employees in such.

Peter Rodriguez then inquired if he confirmed the access level of anybody on the list he said no not really, I just did a surface check.

At this time Kirk Bunche took the stand.

Mme. DA had Kurt Bunch look at the list of people in the Superior Court that was provided by the previous witness and asked if he recognized me the names. He said there was three judges and a couple of court clerks that he was familiar with. Robert Forkner objected at this point saying there is many people on the list that says their access is closed as they no longer work for the county or at least in that area.

Robert Forkner asked Kurt Bunch what closed means and he stated closed out active staff at status some may still be working there.

At this point they went back to the Trombetta motion discussing the missing evidence.

Kirk Bunch then took the stand again and discuss the David McMillan picture was taken during the day by the game cams. He said there was a young child that was also in the picture and David McMillan was wearing hunting attire. He stated Dale Lingerfelt had written a report on the interview with the image that was used during that interview. Kirk Bunch said he is not read Dale Lingerfelt report. Kirk Bunch stated he had asked Derek Perry to place the pictures in evidence is that’s where they belong. And that conversation occurred when the judge made a request for him to interview Perry and search his house.

He also stated that David McMillan and Jason Armstrong were all cooperative anytime they were talk to. He also confirmed that the tow company that had towed Ticknor’s truck and had documentation that was included in report that was written.

Robert Forkner started asking Kirk Bunch questions and Kurt Bunch stated that Derek Perry had speculated about photographs of the game cams and he was asked if Perry had actually shown Kurt Bunch the game cams at Ceres Police Department like he testified, and Kurt Bunch said that was not true. Forkner asked team about Perry’s testimony that Kurt Bunch was the only one who had access to the cams he again said that was not true.

Bunch stated that Jason Armstrong had refused to take a polygraph when asked by Mike Brody. In addition Kurt Bunch stated that he was aware that Jason Armstrong had said many derogatory things about Korey Kauffman, and Korey had deserved what he got. Kirk Bunch stated that he had never gone to Ceres PD to view the game cams, and they did not know if there was a hard copy of the picture of David McMillan that was used in the investigation and interviews. He stated that he never used a hard copy of a picture of David McMillan himself and saw the photo one time only.

Attorney Hans then started asking questions and Bunch said that he saw the photo of David McMillan in the fall of 2013 and did not believe there had been any interviews of David McMillan prior to the photo. He stated he knew David McMillan from an interview with Jason Armstrong where McMillan’s name had come up. He said he did identified David McMillan through Gary Crosby and Jason Armstrong through interviews about who had been up to the site. He stated no one has ever pulled up a picture of David McMillan to his knowledge. Jason Armstrong told Kirk Bunch David McMillan was looking at the camera that was attached to a tree up near the site when the picture was taken. No one had confirmed a known picture of McMillan to confirm the identification on the picture.

That was the end of a very interesting day to be continued tomorrow 1:30 PM and hopefully finish these motions.

Also, some scheduling changes they were going to finish the preliminary hearing on Edward Quintanar tomorrow morning that has now been pushed back to the same date is final arguments for the CHP officers preliminary hearing on October 18.

In addition, Judge Moody is going to be in department #2 at 11 AM next Monday, September 25, 2017. That’s regarding the 995 motion that is still pending, as seen in the minute order sent by Judge Moody that I posted on Dawgs Blog yesterday. So, it must be to see if the District Attorney’s Office has complied with that minute order.

Back in court tomorrow at 1:30 PM


FRANK CARSON ET AL 9-19-2017 AM AUDIO

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HERE IS THE MORNING REPORT

FRANK CARSON et al UPDATE…….


JUDGE MOODY’S RULING ON A MOTION BY THE DEFENSE

WARREN YATES COMMENTARY…….

COMEUPPANCE


By Warren Yates

9-15-2017

As a disclaimer for my commentaries, I wish to go on record as I have in numerous other commentaries that have been posted. I spent 27 years in law enforcement and fully support all legitimate and unbiased law enforcement in our country, state, county and city dedicated men and women who put their lives on the line 24 hours a day to protect us. The four keywords in my commentaries are “legitimate”, “dedicated”, “ethical” and “unbiased”. I totally reject an agenda driven prosecution whose sole purpose is not to find justice, but to decimate the lives, reputations and physical well-being of innocent people.

I wholeheartedly support all of law enforcement who performs their duties in a legitimate, dedicated, ethical and unbiased way. I would estimate that that covers 98 to 99% of our law enforcement communities. I have many friends in law enforcement and know that they all espouse those qualities.

September 15, 2017 – Consistent with the time I am allowed away from my pending caseload and a couple of days of being sick, I have been able to be in the courtroom on the Scott McFarland and Eduardo Quintinar preliminary hearing Tuesday and Wednesday. These two days I’ve had a lot of time devoted to listening to wiretap recordings of Scott and Eddie’s phones. Not very much gathered from those.

I have been endeavoring in my rookie journalistic efforts to bring out information regarding the Frank Carson 8 case that you would not read in the Modesto bee. As a matter of fact there has been no reporter from the Modesto bee anywhere near the preliminary has been going on for Scott and Eddie. It would make one think that the editor of the Modesto bee as a shock collar around the neck of Rosalio and now when he gets near a courthouse he gets shocked and flees the scene.

But that’s not all bad, it’s probably better to get the facts from people who sit in the courtroom regularly instead of the touch and go reporting done by Rosalio which has caused most of his articles to bomb. Much like our political climate today, you can watch the media to get all your fake news or, watch Fox News and gets the truth. So here you can read the fake news from the local rag or read the real news from our commentaries.

While listening to Ferreira it appears that she cannot talk in the normal tone. She has to raise her voice as if to make an impact statement or just screech a little bit which reminds me of a person running their fingernails down a chalkboard. Actually I guess I would probably rather hear the fingernails down the chalkboard.

While listening to some of the wiretap phone conversations, Eddie on a phone call to either his Sgt. or Lieut. was asking them how he can put a stop to the harassment that Cap’n Crunch Bunch and probably Baby Huey (Don’t mention domestic violence around me) Evers has been perpetrating. Their conduct is abominable and they should have been disciplined or fired for violations of the civil rights of the Quintinars and many others.

The worst offender is Cap’n Crunch Bunch who started out by sending harassing emails to her on her work computer. He has absolutely no right or authority to harass someone who is not a person of interest or a suspect in this case. But he doesn’t care. He’ll care one day I’m sure. Then, as if that wasn’t enough, Cap’n Crunch Bunch and probably Jon (Don’t mention domestic violence to me) Evers went to Eddie’s home while Eddie was on duty and knocked on the door. (It is believed to have been Baby Huey Evers because Eddie’s wife stated that as this huge guy approached she thought there was a solar eclipse because the sun was totally blocked out by an enormous hunk of ….).

Cap’n Crunch Bunch was knocking on the door and when she opened it and saw who it was, she shut the door in their face. Cap’n Crunch Bunch then began telling her that we have to talk to you and she stated she doesn’t want to talk to them. So with that, Capt. Crunch Bunch has the unmitigated gall, unadulterated impudence and asinine audacity tell her that Eddie has been lying to her in this situation and that he is going to arrest Eddie. So here we have an out of control, raving, crazed and frenzied person with a badge and a gun with a careless, willful and wanton disregard for her civil rights and the sanctity of their home.

What makes Cap’n Crunch Bunches egregious and illegal conduct much more reprehensible is the fact that the Quintinar’s young daughter was there with her mother and heard the rantings and ravings of a certified nutcase saying that her father was lying to her mother and that her father was going to be arrested. Words cannot begin to describe what trashy gutter tripe behavior Cap’n Crunch Bunch exhibited. And again, this unhinged illegal and scum sucking conduct by Cap’n Crunch Bunch should have caused him to get fired. Once Mrs. Quintinar told the slimeball that she didn’t want to talk to him, he should have turned his sorry a**around and the left without further opening his mouth.

Bunch no doubt violated confidentiality and could have compromised the “witchhunt” investigation that fladager started in order to try to put her nemesis, Frank Carson in prison behind charges relied upon by the testimony of scum bag felons, soon to be scum bag felons, meth heads, potheads, embezzlers, thieves, dope dealers, perjurers, burglars and other assorted dregs of society. As I said before several of my commentaries, fladager’s motto is: if you can’t beat em, book em. She is trying to get rid of Frank Carson by any means necessary.

And listening to the conversation of Mrs. Quintinar’s recorded called to Eddie, she is crying because of the trauma that was inflicted upon her and their young daughter by an overzealous nutcase. During the conversation, she continually asked Eddie why he lied to her. He had not lied to her but that lowlife slithering snake nutcase told her that he had. I will say it again that Crunch Bunch should not be allowed to carry not only a badge but for sure not a gun. If you do some research on his career in Pittsburg California and over here you might understand why.

I HAVE SEEN THE “LETTER” KIRK!!!

After hearing that recorded phone call and that champion of justice Cap’n Crunch Bunch tell Eddie’s wife that he was lying to her made me immediately flash back to some of the liars that the prosecution in the Frank Carson case has brought forward as witnesses. Of course, we expect all the scum bag witnesses presented by the prosecution to lie in order to receive a lighter sentence, a dismissal of their case or being granted special considerations if incarcerated. And it is not just PUKE scumbags who are lying. Many of the liars wear a badge and call themselves law enforcement officers. Their conduct is enough to gag a maggot.

So let’s go back in time as I remind you of some of the prevarications of Mr. perfect Cap’n Crunch Bunch and some of his gang. Actually, I should say “Marlissa’s Mauraders and fladager’s minions”.

August 8, 2016 – Here we get into Cap’n Crunch Bunch committing perjury, whoops I mean being “incorrect “as you will see. When asked again by Hans Hjertonsson if he had said that Brian Woody had said that Baljit Athwal was doing security, Bunch admitted that he had said that on the stand. Bunch looked destroyed on the stand at this time. Bunch admits that his testimony was “Incorrect” about Robert Woody, Daljit Atwal, and Baljit Athwal being on the Carson property that night.

Incorrect? When I was a kid, if I broke a window by a bad throw with a baseball and when asked by my dad if I did it, and I said no or I didn’t recall as most of the prosecution’s witnesses seem to say. Then when dad would say well Mrs. Smith saw you do it and I would then say oh, sorry dad, I was “incorrect”. After I had my butt beat, my dad would have said that’s for being incorrect or as we know the real word “LYING”.

So let me get this straight. If I am on the witness stand under oath, and when asked a question and I said no and it was shown that I was lying, I could just say that my answer was incorrect and I wouldn’t face any ramifications for lying on the witness stand. Let me tell you folks, if any of us were on the witness stand and gave false testimony you better believe would be charged with perjury. But not Special Agent Bunch. They can try playing games with semantics but the bottom line is, he was lying.

Just so we don’t leave anybody out, Cap’n Crunch Bunch isn’t the only person who lies in court. Let’s see if we remember this episode when Ferreira blatantly lied in court and got caught. Any ramifications? NONE!!! So, let’s review anyway:

March 13, 2016Now wait a minute, you not to tell me that Ferreira lied during this hearing are you? You better bet your sweet bippy I am as follows: Then we get on to Ms. Ferreira’s claim that no deals have been made for any of these star prosecution witnesses. Earlier in the hearing a person by the name of Ronald Glenn Cooper Junior was brought from Pleasant Valley State Prison to testify for the prosecution. Again, Ms. Ferreira states that there were no deals made. Well let me insert a comment from one of my earlier commentaries regarding that:

But this morning we had the pleasure of listening to Deputy District Attorney Elizabeth de Jong as she took the stand to defend the DEAL made to potential three striker Ronald Glenn Cooper Junior. She was certainly doing the “Nae Nae” dance in response to the defense attorneys questions why a deal was cut to let Mr. Cooper, a fine broth of a lad by the way, get 4 years on what would have been a three strikes case. After all, all he did was break into a house, apparently steal something, terrorize a female and stick a knife up to her throat and terrorize her. He pled to inflicting corporal punishment on a spouse co-habitant.

Now comes Deputy Public Defender Benjamin Rosenstein who apparently has no problem in telling the truth. He represents both Ronald Cooper Junior and Michael Cooley. And right out of the gate Mr. Rosenstein states that both of his clients are promised leniency in their unrelated cases. THIS MAKES FERREIRA A BALD FACED PERJURER!!! LIER IN OTHER WORDS!!!


After being embarrassed in court, Ferreira really got her panties in a wad. In a hysterically funny attempt to wipe that egg off of her face that she got earlier that morning after eating a McDonald’s Egg McMuffin or three, she immediately tries to attack Mr. Rosenstein’s professional capabilities. When liars get caught in the act they try to deflect or rationalize their lies. Exempli gratia:

Immediately after hearing this truth, Dist. Atty. Ferreira immediately begins to attack Mr. Rosenstein saying is only been an attorney since 2012. And that is mainly been in one court and that is no way Mr. Rosenstein could know if all local prosecutors always ask defense attorneys to request continuances Obviously Mr. Rosenstein said something that ruffled the feathers of the Dist. Atty.

It is so refreshing to have a county employee who is not afraid to tell the truth. I commend Mr. Rosenstein for his candor and honesty. I certainly trust that Mr. Rosenstein will not be castigated, criticized, coerced or compromised in any way because of his courage and wanting to set the record straight. We here in Stanislaus County know that there’s a powerful political machine we have to contend with. Thank you Mr. Rosenstein for your service to the citizens of Stanislaus County. This young man has more integrity and search for the truth in his little finger then Ferreira has in her whole body. Just saying…


Getting back to Cap’n Crunch Bunch Ferreira’s sock puppet, if you take the time to research the court records on the cases of Carmen Sabatino, AJ Pontillo, Frank Drummond and the Carson 8, you will be able to see his unpredictable and erratic behavior demonstrated in untruthful police reports, intimidation, prevarication, waving a gun around and other highly irregular behavior. Let’s go over a couple of these with examples.

UNTRUTHFUL POLICE REPORTS:

Excerpt from June 5, 2016: Now a little about the Ramey Warrant that the Dist. Atty. had to judge shop to find one who would sign it. Robert Forkner then asked Special Agent Bunch if one of the witnesses named Paden (Spelling ?) Called him and told him that the information on the Ramey warrant was incorrect and Special Agent Bunch answered yes. He was then asked if he had told Mr. Paden about the black BMW and Special Agent Bunch answered no. Special Agent Bunch was asked if Mr. Paden accused law enforcement of false information in the Ramey warrant and Special Agent Bunch said yes but Mr. Paden was mistaken. Hmmmn? ReallyReally? Special Agent Bunch. Of course, what does a citizen know? (Does trying to worm your way out of something sound familiar?)

Excerpt from August 23, 2016: The fact that the information about the polygraph was not brought out immediately was now called by the Dist. Atty. a “huge inadvertent mishap“. That’s a term that is likened to the term that was used when Special Agent Bunch was caught lying on the stand. Then that was referred to as “incorrect” rather than what it should have been, perjury.

So now instead of a Brady violation the semantics coming out of the District Attorney’s Office now call a Brady violation a “huge inadvertent mishap“. Looking at it that way I see several persons, places or things in the courtroom that could be called a “huge inadvertent mishap“. If you get my drift. JUST SAYING…

That is very interesting. Under the DAs theory and logic or lack thereof, Edward J Smith, Captain of the Titanic did not really ignore the iceberg warnings of possible impending doom, but rather the sinking of the Titanic was just a huge inadvertent mishap”.

INTIMIDATION:

March 19, 2016
As I stated in a prior commentary, Bunch, Navarro and Evers entered Frank Carson’s office as law enforcement personnel. They entered without an arrest warrant or a search warrant. Either Bunch or Navarro stated that they wanted to ask him some questions. At this point they were still law enforcement officers. Frank Carson did not wish to talk to them and told them to “Get out”! At that point they should have turned around and left his office immediately.

He told them numerous times to “Get out”. When they refused to leave they shed their aura of law enforcement officers and became jackbooted Nazi thugs. They trampled on Frank Carson’s constitutional rights hoping he would resist them in some manner. But Frank Carson outsmarted them and avoided falling into their trap. It was only after Frank Carson called 911 and continued to yell at them to get out, that they finally retreated and got the hell out.

During the armed invasion of Frank Carson’s office by Bunch, Navarro and Evers, Bunch and Navarro while harassing Frank Carson in his conference room made sure that Frank Carson knew they were armed as Frank Carson reported in his call to 911. I decided to do a little research on people who advertise that they are armed with a gun rather than in fact appear unarmed and their motivation for doing so.

Having breezed through a couple of articles on Psychiatric Times, I found a couple of articles interesting.:

Freud and Jung offered some basic interpretations. For instance, in their shape, guns can be an obvious phallic symbol. – See more at:

http://www.psychiatrictimes.com/blogs/psychology-guns

Men, whether intentional or not, tend to confuse their guns for their penises. The bigger the gun/penis, the more masculine they are. Guns have become penis extensions, if not penis substitutes, and the phallic similarities are obvious. From a very early age, men are taught that guns are a manly-man guy thing. Hunting and shooting are manly activities, we’re told, and any dude who’s packing heat is a total badass because guns are badass.”

Especially if you are a DA investigator. I wonder what caliber Cap’n Crunch Bunch thinks his is? Just saying…

March 4, 2016 – I reported on the incident in which Bunch and Evers went to interview Baljit, here is an excerpt from it:

“Earlier this morning when Detective Evers was testifying he mentioned a time when he and Special Agent Bunch went to the PopNCork to interview Baljit. I am not sure if it was Baljit Atwal or Baljit Athwal since the Dist. Atty. cannot get his name straight on their court paperwork. So we’ll just presume that it’s Mr. Athwal since he’s the one in custody now but not by that name.

As Detective Evers and Special Agent Bunch began to talk to Baljit, Baljit took out his telephone and began to record the interview. When Special Agent Bunch and Evers saw that, Special Agent Bunch said “You know that’s illegal to do that?”. Being confronted by two law enforcement officers one being very large in stature and knowing if they had a badge they had guns, Baljit became intimidated by their authoritarian bearing. Baljit immediately turned his phone off and stopped recording not knowing what to expect from these two if he did not stop”.

We saw recently in the presidential debates that there was some mention of the size of a man’s hands in relation to another part of his body. Some people state that the guys that drive those high lifted pickup trucks whose headlights go over the roof of your car are inadequate in one manner or another. Does at least one member of this all-American marauding task force own a pickup a similar description? You have to figure those things out for yourself. Just saying…

June 27, 2016 I was appalled at the conduct afforded Mr. Samra by the Dist. Atty. staff. I was in law enforcement for 27 years, 19 years here in Stanislaus County and have never seen such underhanded, unethical and lowdown tactics as exhibited by the District Attorney’s Office against Mr. Samra. When you read what they did you need to be very angry with the District Attorney’s Office for their ethics destroying actions and worried that they could do this to you or your family.

There is no question that Investigator Bunch had knowledge of the warrant outstanding for Mr. Samra when they went to his residence and made contact with him. While interviewing him and telling him what he should do when defense attorney Forkner talks to him and then saying“We were never here and this never happened” smacks of egregious misconduct. Both Ferreira and Bunch were there in the effort to intimidate Mr. Samra.


Then in court when Mr. Samra’s testimony was not favorable to the prosecution, all of a sudden the deputy district attorney Ferreira blurts out, “you have a warrant don’t you? “and Mr. Samra is arrested. YOU DON’T GET MUCH MORE LOW LIFE THEN THAT! The judge brought everyone into chambers and admonished the district attorney. How would you like a member of your family to be victimized like this by the top law enforcement officer in Stanislaus County. This is sad, so very sad. So everyone of needs to beware of snakes in the grass disguised as law enforcement personnel. SHAMEFUL!!

THESE CLOWNS HISTORIES ARE FULL OF INTIMIDATION OF CITIZENS AND BUSINESS OWNERS. WITH FERREIRA BEING OUT IN TURLOCK AT MR. SAMRA’S BUSINESS WITH BUNCH, INTIMIDATION IS SHARED BY MANY OF THOSE IN THE DISTRICT ATTORNEY’S OFFICE!

But this type of behavior is nothing new to Cap’n Crunch Bunch and Baby Huey don’t mention domestic violence around me Evers. I called it Jack booted thug behavior patterned after the Nazi brownshirts. The SA (Sturmabteilung or Storm Detachment) was better known as the Brownshirts or Storm Troopers. The SA got their nickname from the color of the shirts they wore. According to the Nuremberg Military Tribunal, the SA was made up of “ruffians” and “bullies”. However, it played a very important role in the first years of the Nazi Party.

We do not have a Nazi party here in the Stanislaus County District Attorney’s Office. We have fladager’s Follies whose minions trample upon the civil rights of others, no moral turpitude, ruining lives, running around like a young bull in a cow pasture nailing everybody he/she can, with no regard for ethics, morals, common decency and without any moral compass present. All with the blessings of the district attorney in her quest to destroy Frank Carson because she can’t win against him in court. The description in the prior paragraph aptly describes this band of ruffians and bullies.

And the bullying goes on. I was advised yesterday outside of the courthouse by Frank Carson that Kirk Bunch and threatened him in the hallway. There is going to be in order to show cause motion filed next week in an attempt to try to rein in some of Bunches egregious abuse of authority and intimidation of witnesses and defendants. The district attorney is scraping the bottom of the barrel in an attempt to try to salvage a win from this witch hunt she has embarked upon. I might suggest that if she’s looking for witch, she might try a mirror. Again, you should know that fladager is so confident in the Carson 8 case that she has never ever set foot into the courtroom. Judge Zuniga as made mention of that several times. I wouldn’t either if I had pulled some of the lowlife stunts she has.

cook

Well on Wednesday it comes “Telemonkey” Jim Cook Avenue boy “Cheeta”. SOS different day. Old Jimmy boy is very responsive to all of Ferreira’s questions and he and Cheeta are all smiles and grinning like the cat that ate the canary. I could see the color roll Jimmy boy’s eyes because instead of pupils there were dollar signs. The problem pulling down about 90K for their expertise, ha ha. So he goes through about 90 slides proving just about nothing and then it’s time for the defense to cross examine. One attorney Alonzo Gradford began asking for certain records involving his presentation, old Jungle Jim repeatedly on numerous occasions said that “I don’t have the necessary records here today”.

So, let me get this straight Jimmy boy and Cheeta: you have the necessary records to answer all of Ferreira’s questions with no problem. Isn’t that convenient? Now when the defense attorneys begin to ask questions about his records, he constantly answered he doesn’t have the necessary records here TODAY. Jimmy, you mental midget, where in Sam Hill did you think you were coming? To a mad Hatter’s Tea Party? Jimmy, you bought off piece of crap. You don’t have evidence that might be exculpatory but you have everything Ferreira needs. YOU ARE A BIG BOUGHT AND PAID FOR JACKASS!

Which was further evidenced with your kindergarten style flashcards, you and all of fladager’s sock puppets and minions did not have enough brains check out and find out that during that month lapse of calls between Scott and O’Keefe was because O’Keefe had been deployed in the National Guard during that time. If brains were dynamite none of you would have enough to blow your nose. Another case of Jungle Jim showing his imbecilic tendencies. Hey Jimmy boy. Gotta little egg on your face. Maybe you and Marlissa both had Egg McMuffins. Just saying…

Let’s just have a little recap here regarding Telemonkey Cook’s expertise and competency:

July 17, 2016 I did a little checking online I located a case that ole Jimmy testified in Santa Clara County. It was a murder case and I am showing a page from the Palo Alto Times that appeared regarding that case.

Cook, a former AT&T field representative who now trains law-enforcement officials on analyzing wireless devices, presented the jury in Zumot’s murder-arson trial Friday with detailed spreadsheets listing all calls and text messages made and received by Zumot and Schipsi, including ones they exchanged between themselves.

He also produced a series of maps illustrating the coverage areas of the towers the two cell phones used between the evening of Oct. 14 and the evening of Oct. 15.

Cook’s testimony was instantly disputed by Zumot’s attorney Mark Geragos, who produced his own AT&T records and argued that the data Cook relied on doesn’t actually exist. Geragos showed the jury the AT&T report listing the call data from the two phones. For the three phone calls in which the two phones appeared to be traveling together, the fields that normally display data for cell towers were blank.

Geragos blasted Cook’s findings and told him to produce the AT&T report on which he based his conclusions. When Cook couldn’t produce that report, Geragos pointed out repeatedly that the numbers Cook was showing the jurors was an Excel spreadsheet that Cook himself had put together — not raw data from the company.

“There isn’t a single record from AT&T that has this cell-tower data,” Geragos said during his cross-examination.

Cook said that while the data was missing in this report, he requested more information from AT&T later. He said all the data he used in his analysis came from AT&T. He also said that he had not read any police reports relating to this case.

Posted by Domanica
a resident of Palo Alto Hills
on Jan 14, 2011 at 11:50 pm
Domanica is a registered user.

You must not of been paying attention to the truth that was said today in court. Well, you did but you dont care for the truth. Mr. Cook was caught in a lie ! Point blank, that’s the truth. He was asked, ” did you make up these spreadsheets” and his answer was YES. Yes , with the look of shame and embarrassment because he was caught.

You did not like the outcome of today’s BLOW to the da’s fabricated case so now you want to take it out on the reporter, for simply doing his job, reporting what happen.

Remember, the truth will always prevail !
GLORY TO GOD !!!

Report Objectionable Content

Email Town Square Modera

So, we know that old Jimmy boy can lie in whatever County he’s in. He doesn’t play any favorites.

I’m going to wrap this up WAIT!! NEWS FLASH: fladager speaking on arrest of illegal alien before court appearance:
The district attorney said her office doesn’t have a practice of advising ICE officials of the immigration status of any defendant or witness. She said prosecutors don’t necessarily know about someone’s immigration status, nor do they normally inquire.

sTAN DA ICE

Why would she start obeying federal law now? She condones and approves of her minions violating citizen’s federal civil rights and also continually violates federal law Brady versus Maryland by withholding exculpatory evidence until she is forced to. In a recent case fladager had to allow a defendant in a murder case to plead to manslaughter because exculpatory evidence was provided to the defense three days before a jury trial was to start. There have been so many exposés of violations of Brady versus Maryland that the DA didn’t want another one popping up. Another example of Brady violation:

April 12, 2017 Modesto Bee: A Stanislaus County judge has postponed a trial in the capital murder case that initially was scheduled to start this week for Mark Edward Mesiti, who is accused of sexually abusing and killing his 14-year-old daughter, Alycia Mesiti.

Superior Court Judge Dawna Reeves has postponed the trial before. In January, Reeves postponed Mesiti’s trial because the defendant, who has chosen to act as his own attorney, wasn’t given sufficient access to a writing surface to properly prepare his defense while in jail.

On Tuesday afternoon, the judge was forced to delay the trial again because a prosecution investigator discovered photos collected as evidence that had not been provided to the defense. The prosecution handed over those photos to the defense last month.

Reeves wanted to give the defense time to review those photos and conduct any needed further investigation, so she decided to reschedule the April 10 trial. Now, the trial is scheduled to begin July 10, 2017 with jury selection. DISCOVERY AFTER 8 YEARS!!

The fact that this defendant may possibly face the death penalty or the possibility of never getting out of prison does not negate his rights under Brady versus Maryland to have all discovery provided in a timely manner. His criminal complaint was filed on June 4, 2009.

He and his attorney are now receiving evidence that have not been provided to the defense. Irrespective of the outcome of his case, had he been convicted earlier, it would appear this would be an appealable case costing the taxpayers tens of thousand dollars if not hundreds of thousands of dollars more to adjudicate because of the Dist. Atty.’s failure to provide all the discovery in a case.

I am going to wrap this up right now and get it out. The next court date for Eddie and Scott is October 18, 2017 but there are several defense motions to be heard prior to that time. So, stay tuned.


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.

cook

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.