FRANK CARSON ET AL 10-24-2017 (TOM)

DOES NOT MAKE ANY SENSE TO ME

FRANK CARSON ET AL

10/24/2017

BY WILLIAM THOMAS JENSEN (TOM)

 

Today, we met in the courtroom to find out what Judge Zuniga was going to rule on the holding orders concerning CHP Officers Scott McFarlane and Eduardo Quintanar. Court was supposed to start at 10:00AM, but was once again delayed until 10:20AM. Judge Zuniga showed up at the courtroom three minutes early, but spent time in her chambers before we were allowed into the courtroom. Nothing ever starts on time with this fiasco.

We start out with CHP Officer Walter Wells’ attorney Peter Rodriguez requesting copies of the entire transcripts in this preliminary hearing. Judge Zuniga orders that he be provided with the complete transcripts.

Judge Zuniga now starts citing the case law that she has used to make her decisions on the holding orders. She starts citing case law from Judge Simon’s book on Preliminary Hearings. She cites the People vs Williams that concerns reasonable and probable cause. She cites Rideout vs Superior Court that concerns the need to show some showing from each element to support probable cause. She cites Lorenzen vs Superior Court, the People vs Cooley, and the People vs Bolden.

Now, Judge Zuniga goes into the evidence that has been presented in this Preliminary Hearing. She states that DA Investigator Kirk Bunch got wire taps based on alleged threats made by Baljit Athwal and Robert Woody that were made within 60 days of the alleged murder of Korey Kauffman, and statements made by Michael Cooley. She talks about the 07/15/2012 search warrants that were served on Pop N Cork Liquors. She talks about a wire-tapped conversation of Eduardo Quintanar that was done on 07/09/2012 where Quintanar asked one of the Athwal brothers: “What have you done?” Judge Zuniga talks about how Quintanar was questioning whether or not someone was trying to rob the Athwal brother. She talks about how Eduardo Quintanar was possibly trying to protect the Athwals from a robbery by mentioning how to detect trackers on their vehicles. She spoke about how Daljit Atwal was concerned about how long it was taking him to obtain a concealed carry permit.

Judge Zuniga now speaks about how Scott McFarlane had been told by Daljit Atwal that the police were doing a search warrant at Pop N Cork Liquors, and how Scott McFarlane had asked Daljit Atwal what the police were looking for. Scott asks Daljit what the police were looking for. Scott asks Daljit what happened at the house, and asks Daljit about the search warrant and what it said. Judge Zuniga says Scott McFarlane tells Daljit Atwal that the police are supposed to show him the search warrant. Judge Zuniga then states that Daljit Atwal told Scott McFarlane that the police were looking for clues for the alleged murder, and tells Scott McFarlane that he will bring the search warrant for Scott to look at tomorrow. Judge Zuniga states that Scott McFarlane told Daljit Atwal that he will be there in a little bit.

Judge Zuniga then talks about how on 03/14/2014 that Eduardo Quintanar had said that he wanted a union representative, and how DA Investigator Kirk Bunch had stated that Eduardo Quintanar had become a suspect at that time. Judge Zuniga states that Eduardo Quintanar had gone on a vacation, and did not contact Kirk Bunch after he returned from vacation. Judge Zuniga states that Kirk Bunch then went to the CHP Office to ask some questions, and said that Eduardo Quintanar was not cooperating with the investigators. She states that the CHP then opened up an Internal Affairs Investigation concerning the matter. When Bunch was at the CHP Office, an acting CHP Sargent came out, and Kirk Bunch saw Eduardo Quintanar leaving the CHP parking lot. Judge Zuniga states that he was told by the CHP Officer that Eduardo Quintanar was too busy to talk to him at that time.

Judge Zuniga then talks about numerous intercepted phone calls from Eduardo Quintanar where he calls everyone and complains about Kirk Bunch, and talks about his right to talk to a Union Representative. Judge Zuniga states that the CHP Office had said that Quintanar was expected to cooperate with the investigators, but how the Union Representative had told Quintanar to not talk to the investigators. Judge Zuniga states that the Union Representative was clueless. Judge Zuniga states that it was not until search warrants were served on Quentanar that he agreed to talk to the investigators.

Judge Zuniga now gets stern with Prosecuting DA Marlisa Ferreira. She cites the People vs Parker. She starts talking about how Marlisa had asserted in her arguments that between 07/15/2012 to the present McFarlane and Quintanar had agreed to conspire to obstruct justice, and that this would automatically justify a charge of accessory for each of them. Judge Zuniga: “You need knowledge that the principal committed a felony or was charged with a felony.” Judge Zuniga: “They are two distinct crimes.”

Judge Zuniga now goes into the evidence as she sees it. She states that Scott McFarlane told Eduardo Quintanar about the search warrants that were in progress at Pop N Cork Liquors, and how he goes to Pop N Cork Liquors to get his guns back. She talks about how Eduardo Quintanar had said that he cut off all ties with the Athwal brothers after 07/12/2012, but that this was a lie. She states that Quintanar’s phone actually made contact with the Athwal brother’s phone on the day of the alleged murder, but that his phone was not near Pop N Cork Liquors at that time. She talks about how Eduardo Quintanar avoids Kirk Bunch, and how Kirk Bunch did not believe Quintanar was telling him the truth.

Judge Zuniga then talks about how Scott McFarlane had made a traffic stop on Korey Kauffman. Judge Zuniga now goes into four interviews of Scott McFarlane by the investigators. The first interview was on 03/07/2014. She states that Scott McFarlane had talked to Daljit Atwal on 03/14/14. She states that Scott McFarlane had told the investigators that he had seen Korey Kauffman riding his bicycle past his house on the morning after the alleged murder. I believe I remember the testimony said that he had actually seen Korey Kauffman ride past his house twice on the day after the alleged murder.

Judge Zuniga states that Scott McFarlane was aware of a lawsuit that was being brought by the Athwal brothers. She states that Scott McFarlane had stated that he was aware that the Athwal brothers were spot checking the Carson property. She states that Scott McFarlane was aware that the Athwal brothers had spoken about Korey Kauffman committing thefts from the Carson property, but that Scott McFarlane did not know Frank Carson personally. Judge Zuniga now speaks about Scott McFarlane’s second interview. She states that Michael Cooley’s name came up during a conversation at Pop N Cork Liquors. She now speaks about Scott McFarlane’s third interview. In this interview, Judge Zuniga states that Scott McFarlane indicated that he should not be talking to the investigators, but that he did talk to the investigators anyway. In this interview, Judge Zuniga states that Scott McFarlane denies talking to Walter Wells. She states that this is a lie. She states that during this interview, Scott McFarlane stated that he could not remember the details. She states that Scott McFarlane did not tell the investigators about a conversation at Pop N Cork Liquors concerning Korey Kauffman being a thief and doing something about it. She now talks about Scott McFarlane’s fourth interview where Scott talks about an altercation between Daljit Atwal and Korey Kauffman at Pop N Cork Liquors. She talks about how Daljit Atwal had two different stories about how his hand had been injured. She talks about how Scott McFarlane had contacted Detective Barringer about Robert Woody saying that Frank Carson had moved a shipping container on his property, and how Detective Barringer had never called him back. She states that Detective Jon Evers had testified that the investigators had went back to interview Scott McFarlane the fourth time because they felt he was not being truthful, and how they wanted to know if he had any new information to provide. Judge Zuniga states that Scott McFarlane was a close friend of the Athwal brothers, but was closer to Daljit Atwal.

Judge Zuniga now gets stern with Marlisa Ferreira once again. She states that she has a problem with Marlisa’s argument that Scott McFarlane had told Barringer some facts. She talks about the multiple layers of hearsay that were contained in this, and how she had stricken this testimony because of the hearsay. Judge Zuniga: “I sustained the objection, yet you proceeded to do that anyway.” Judge Zuniga: “That is improper.” Judge Zuniga: “Barringer could not remember the interview.”

Judge Zuniga now starts speaking about Eduardo Quintanar. She speaks about a 07/09/2012 conversation where Quintanar asks Daljit Atwal: “What’s going on?” She speaks about how the conversations went into trackers, and how someone was apparently watching Mr. Athwal.” She speaks about how Quintanar had said: “They are trying to rob you.” Judge Zuniga states that the People have tried to use this against Quintanar. I got the impression that she was upset that the prosecution was using this argument. Judge Zuniga states the prosecution was trying to use Quintanar’s many conversations where he complained about Kirk Bunch against him. Judge Zuniga states that Eduardo Quintanar conflated the Internal Affairs Investigation with the Criminal Investigation. Judge Zuniga states that she knows that DA Investigator Kirk Bunch had told Quintanar that he was a subject of a criminal investigation.

Judge Zuniga now speaks about a 03/09/2015 conversation Eduardo Quintanar had with CHP Officer Frost. She states that all of the many calls were complaining about Kirk Bunch. She states that Quintanar had said that the Internal Affairs Investigation was resolved. She states that Quintanar’s Union Representative had told him to not talk to the investigators. Judge Zuniga: “The only thing Eduardo Quintanar was concerned about was Eduardo Quintanar.” Judge Zuniga: “I disagree with you that he was trying to shield himself from the investigation by talking to the CHP.” Judge Zuniga states that Quintanar asked the Athwals: “What did you do?” The judge stated that she listened carefully to the tapes, and that Quintanar sounded sincere when he was asking the question. Judge Zuniga: “He does not know what was going on.” At this time, I notice that Detective Jon Evers looks somber sitting in the courtroom, and Kirk Bunch is shaking like he is having a seizure. He keeps flipping his pen nervously. Judge Zuniga: “I don’t see Eduardo Quintanar having the sophistication to devise such a plan.” Judge Zuniga: “He is confused by the advice he has gotten from his Union Representative.” Judge Zuniga: “I see no agreement with anybody to obstruct justice.” Judge Zuniga: “He should have known better than to provide information about trackers, it cost him his job.” Judge Zuniga: “As to the charge of accessory, the evidence is just not there that he knew that a felony had been committed.” Judge Zuniga: “Eduardo Quintanar is discharged.” At this time, I almost got myself in trouble. I threw my arms into the air and did my “Thank You Jesus.” I had tears in my eyes. I did not expect this.

Judge Zuniga now starts speaking about her ruling on Scott McFarlane. She states that there was no agreement that was shown to charge Scott McFarlane with conspiracy to obstruct justice. She dismisses this charge against Scott. She now goes into accessory. Judge Zuniga states that refusing to talk to the investigators is not supportive to a charge of accessory. She cites the People vs Nguyen. Once again, I see Kirk Bunch looking like he is having a seizure. His hand holding the pen was like Ali holding the Olympic Torch. Judge Zuniga now speaks about how Scott McFarlane had told the investigators about seeing Korey Kauffman riding his bicycle twice the day after the alleged murder. She states that this was told to the investigators after the search warrants had been served on Pop N Cork Liquors. She states that Scott McFarlane knew that spot checking was being done by the Athwal brothers on the Carson property. She states that Scott McFarlane knew about the threats made by Baljit Athwal and Robert Woody to Korey Kauffman. She states that Scott McFarlane knew about the fight between Daljit Atwal and Korey Kauffman, and the two different stories that were given by Daljit Atwal concerning the injury to his hand. Judge Zuniga talks about how Scott McFarlane had made a traffic stop of Korey Kauffman. She speaks about how the evidence shows that Scott McFarlane is a close friend of the Athwal brothers, and is closer to Daljit. She talks about how Scott McFarlane had told the investigators that he had seen Korey Kauffman riding his bicycle twice the day after he had been allegedly murdered. She holds Scott McFarlane over for trial on a charge of accessory. I must say that I was dumbfounded by this decision. The evidence shows that Scott McFarlane was by far the most cooperative of all the CHP Officers charged in this case. In retrospect, he would have been much better served by not talking to the investigators, or providing them with anything that he knew to be true. As the Miranda Rights statement says: “Anything you say can be used against you in a court of law.” It will take a jury of 12 to sort this thing out. He will be vindicated.

As for Eduardo Quintanar, he is now in a position to file a massive lawsuit against the people and agencies involved in this fiasco. He has lost everything. I hope there is some way that this fine young man can get his job back. He will certainly get his pound of flesh when the litigation is finally resolved.

Sincerely;

William Thomas Jensen (Tom)

FRANK CARSON ET AL 10-18-2017 (Marty)

AFTERNOON SESSION OF QUINTANAR/MCFARLANE

PRELIMINARY HEARING

by Marty Carlson

1-18-2017


 

The afternoon session was scheduled to start at 1:30 PM and didn’t get started until 1:47 PM.

This is the final argument day for the Scott McFarlane and Eduardo Quintanar preliminary hearing.

They started by going through the wiretap audios that they wanted to be admitted as evidence, and noting any objections, if any, to any of them.

Judge Zuniga advised Mme. district attorney of the recording that she’s going to keep out, and started going through the list. I was not privy to all the item numbers they were referring to but some of them they did mention. She stated that most of them are of no relevance and some of them were nothing but character assassination, and had no evidentiary value.

Marlisa Ferreira responded saying item 3F show the relationship of Scott McFarland and Daljit Atwahl. The judge interrupted her and said she knows why the District Attorney’s Office wanted these recordings in it was because of disparaging comments towards women during that phone call. It has no evidentiary value even though it may be personally disgusting.

Mme. district attorney and then stated on item 3H was to show actions and the activities with the Atwals in the Woody relationship with the two defendants. Especially after the search warrants were served.

There was an item 3P the judge asked her relevance and she said that all  Quintanar was doing was complaining about Kirk Bunch. Mme. DA stated that Quintanar is talking to a gentleman by the name of Frost about Kirk Bunch coming to his house. She stated Quintanar was lying to everyone around him and trying to shelter himself from the investigators.


The judge advised that Mme. DA that it is obvious that the California Highway Patrol command has no real knowledge or knowing the difference between an internal affairs investigation and a criminal investigation, that includes the union representative.

Marlisa Ferreira stated it was Lieut. Frost that had informed Quintanar of the criminal investigation. She also stated Quintanar was telling more lies about Kirk Bunch and what he was going to do to him.

The judge repeated saying that Quintanar was just simply complaining to people around him. It has no evidentiary value. The DA pressed on saying it shows more than that it goes to state of mind and talking about the officer’s conduct. The judge again interrupted the DA saying Lieut. Frost totally did not know what he was doing. And Mme. DA stated that Quintanar was using that to manipulate the command structure.

Marlisa Ferreira went on to say that “Quintanar was getting desperate to talk, worse than teenagers acting dramatic.” (Yes, she said that). And teenagers do not spend as much on time on the phone talking like this.

Alonzo Gradford argued that everything that the district attorney just said is not relevant, and simply his client venting to people he knows.

Judge Zuniga stated that the complaints that he is voicing in the wiretaps are cumulative and repetitive, except for one part that she is leaving in where Quintanar says he will not talk to investigators. At that time the district attorney rested her case against Eduardo Quintanar.

We then started final arguments with Mme. district attorney with the burden of proof citing some case law, in regard to charging as an accessory. She stated the accused must have known someone has committed a felony. And they made statements or committed actions to aid or abet in those felony acts. She started talking about the elements of law and application of this case where there were false statements to the authorities under 32 PC, (lying to a police officer). She stated Quintanar and McFarlane took affirmative actions to conceal and aid Daljit Atwahl and Walter Wells.

The judge interrupts the DA at this time saying she does not need to be reading the laws to the court that she is aware of the laws she asked her to talk facts not quote laws trying to educate her.

Mme. DA stated on the day of the search warrant on July 15, 2012 the defendants had talked to the Atwals knowing it’d talk to officers and there were fully aware there was an investigation going on. Also wiretap contacts show activity with the Atwals. She stated Eddie Quintanar provided Daljit out wall information in an effort to conceal locations due to possible tracking devices and how to avoid surveillance. She said Quintanar was knowing police are investigating a serious felony in a possible homicide. Quintanar is a law enforcement officer and knowledgeable in techniques and giving inside information.

Mme. DA then goes on to say then Quintanar lies to everybody at the California Highway Patrol about his contacts with the Atwals. She said Quintanar also discussed issues that involve Korey Kauffman and activities at pop and cork. She stated Scott McFarlane committed a “sin” of omission in his statements, then he gave a false citing of Korey Kaufman the day after the district attorneys theory date. She stated McFarland knew that his neighbor, Korey Kauffman, was missing.

This all leads to a possible alibi by both statements, and case law does not say the statements have to be true or not. At this time judge Zuniga interrupted again and says that is not true there is more language than that. The DA went ahead and said it still meets the standard for it to be put forward for a jury to decide.

She stated as far as the obstruction of justice Quintanar, Wells, McFarlane had agreed and conspired to obstruct or thwart the investigators in their investigation. Then she mentioned how Baljit Atwal and Robert Woody had moved the body to the mountains. Again, the judge interrupted her saying there is no testimony in this case as to the body being moved and Quintanar and McFarlane being involved.

Mme. district attorney stated the overt act number three was that Frank Carson had made threats, number four was Frank Carson had made in enticement of pipes as revealed by Mike Cooley. Number nine Quintanar and McFarlane statements and involvement by Frank Carson as to consultation on filing lawsuits and complaints also is an overt act.

Mme. DA again started emphasizing that these officers had a law enforcement status, and was supposed be pillars of the community. The judge interrupted her again saying the status of the law does not apply differently to your status in the community, it applies equally no matter who you are. The law is the same for all.

Mme. district attorney then says then look at the relationship between the defendants and subsequent conduct to obstruct the investigation.

Larry Neirmeyer then argued on behalf of Scott McFarland stating there is insufficient evidence to hold on any charge. The case law cited state the defendant was present at the time of the offense, which was a homicide, and gave falsehoods to investigators afterwards. And they were affirmed lies. In this case his client, Scott McFarlane, had been cooperative and never refused an interview. It appears that the biggest problem is that Kirk Bunch and Jon Evers did not like what Scott McFarlane said, and wanted him to say more but he took him out of their theory with the Korey Kaufman citing.

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Niemeyer also stated that his client had contacted Deputy Barringer who was part of the task force in charge of looking for Korey Kauffman. Investigators chose not to interview him again for over two years. Then he had memory lapses from the amount of time that had passed. His client never attempted to offer any alibis for anyone, just what he had seen and as the investigators had stated he was the only one giving regular and valuable information.

He noted that investigators felt that McFarlane should’ve had a better memory two years later than what he did, but he noted Jon Evers had to recollect his memory 18 times while on the stand by looking at police reports, and this is while he was waiting two days outside the courtroom reading his reports during that time. He also had multiple do not recalls.

The attorney started discussing the third-party knowledge of a principal had committed a felony, a search warrant does not prove anyone had committed a felony, it is merely an investigation. Reading the case law that Mme. DA cited does not show that McFarlane had any knowledge of any felonies being committed. He stated there is nothing before the court that his client was active in any way shape or form towards a conspiracy.

In regard to the concealment of the body at pop and cork or Mariposa, there has been no information submitted in this hearing to say his client was ever involved. As far as Frank Carson filing complaints or advising complaints to be filed, Scott McFarlane had no civil suits or complaints or even new Frank Carson let alone had contact with him. In addition, the alleged threats made by Frank Carson stated, or the enticements of pipes on the property, the district attorney again has stated there is no information submitted in regards to Scott McFarlane.

Scott McFarlane had no contact with Frank Carson at any time or ever met him let alone know him. The investigators never followed up with McFarlane after he contacted them in 2012 it is their fault not his clients. Had investigators talk to his client two years prior when he called they could possibly have a better case against real defendants right now.

Attorney Alonzo Gradford spoke on behalf of Eduardo Quintanar, stating that his client had provided no false alibi to law enforcement officers. Quintanar had only complained to friends and had made a refusal to talk to police and that is not a crime in this state. He also stated the wiretaps help his client.

He stated conversations with Daljit Atwahl in July 2012 he kept asking” what did you do” constantly. So apparently, he was not aware of any crime or any knowledge of anyone being charged in a felony. He stated Kirk Bunch had showed his client and arrest warrant saying that the Atwals were to be arrested. But after that warrant was served 2015, there was no contact with any other defendant until the present date. He stated that his client talking about the Korey Kauffman statements was never lied about.

There is no evidence that his client was an ally and the movement the body was a homicide at all. There is no evidence that Quintanar had knowledge of Frank Carson threats or enticements on the property. He also stated his client had never told anyone to file complaints. He stated his client never conspired to commit a felony or aid and abet in a crime. There is no information that he was involved in any activities of hiding the body or moving it to the mountains. He finished by saying there is no evidence to hold Eduardo Quintanar on any of the charges listed.

The district attorney at that time made the rebuttal saying the defendant’s claim that there were no overt acts for conspiracy, is false as Quintanar she claimed a continually made false statements to people around him. She then started reading from the Penal Code under section 32, and it was about aiding and abetting and making false statements. What Quintanar was saying was not true and that is not the only way to hold on a conspiracy charge. She requested that the judge listen to the wiretaps again and determine herself.

Mme. DA made some argument about Deputy Barringer conversation after Robert Woody and Scott McFarlane had discussed some issues about the property and a container that may have been moved. She also stated Quintanar knew about the investigation because of the missing person flyers that were at pop and cork so Quintanar knew there was a felony involved.

She also noted an accessory act is an obstruction of justice and any overt act could be done by any other defendant, whether they knew them or not.

She stated Scott McFarlane had contacted Deputy Barringer but did not tell him about the information in regard to Korey Kauffman being seen after the district attorney’s theory date. She also stated McFarlane did not remember until Quintanar statements about that citing, and again repeated they both know about the investigation due to flyers at pop and cork.

Normally this is the end of arguing but the judge let the defense attorneys have an extra argument, which is not normally done. Larry Niemeyer stated the DA is making assumptions and not be seen on fact of what Scott McFarlane knew in 2012 because they simply did not talk to him.

The judge then stated she is reading a transcript of Jon Evers testimony of the information given by Scott McFarlane to Deputy Barringer to refresh herself.

Attorney Gradford stated Quintanar did not give false statements to help any principal of any crime let alone a felony. Quintanar was simply complaining about law enforcement and there was no evidence he knew about any felonies in July 2012. He noted that in the testimony revealed that Quintanar found out about the flyer after researching Korey Kauffman online.

The DA got a chance to rebut again, she quoted times and dates of calls between the Atwals and Quintanar, and McFarlane. So Quintanar knew about the investigation.

At that time all attorneys submitted their final arguments.

Judge Zuniga began to make a ruling that looked at the clock and it was 4:20 PM and stated it was too late to start and after some scheduling conversation it was agreed to return next Tuesday at 10 AM to make a ruling. She stated that she simply did not have enough time the maker proper record.

Court was then continued until next Tuesday, October 24, 2017.


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

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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 9-12-2017 AM AUDIO

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Here is the morning report: