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:

FRANK CARSON et al 9-7-2017 (TOM)

 

IMPOSSIBLY THIN CASE AGAINST CHP OFFICERS

FRANK CARSON CASE

09/07/2017

BY WILLIAM THOMAS JENSEN (TOM)


Well, here I am again at my computer writing on this never-ending ordeal, and still in the Preliminary Hearing stage. I am spending much of my life doing this lately. The end result is taking its shape as a book that will chronicle what I have observed in this, and several other cases of prosecutorial abuse that I have witnessed in the last decade. I have said this before, but without a doubt this the single most important thing that I have done in my life. I missed the last couple of days because of being busy, and having tunnel vision on my quest to write the book. I simply neglected to keep track of court dates. For that you have my sincerest apology. Today, I was only able to attend the morning session, and I will now try to describe what happened in the courtroom.

Zuniga

Judge Zuniga was on time today, but Marlisa Ferreira was approximately ten minutes late arriving at Department Two at the Stanislaus County Courthouse.

We start out at 9:18AM with Detective Jon Evers taking the stand. Marlisa Ferreira announces that she has turned over three reports to the defense that were done by DA Investigator Kirk Bunch. The first report concerned a meeting by Officer Interbitzen and CHP Officer Troxel. The second report concerned contacts made by Kirk Bunch and some members of the CHP staff. The third report concerned contacts made by Kirk Bunch and a Police Dispatcher.

Detective Jon Evers now starts answering questions from Prosecuting DA Marlisa Ferreira. He is asked questions concerning a meeting he had with CHP Officer Scott McFarlane on 03/07/2015, and a second meeting with McFarlane that was done on 03/11/2014. Both of these meetings were done at Scott McFarlane’s residence. Evers was asked if he had asked Scott McFarlane if he had called CHP Officer Walter Wells on 03/11/2014. Evers testified that Scott McFarlane had told him that he had called Scott McFarlane on that date. Evers testified that he was told by McFarlane that he had told Walter Wells that Robert Woody had been arrested. Evers said that Robert Woody had been in Washington State more than once to visit his Ex-Wife and children. Evers now spoke about how Scott McFarlane was a regular at Pop N Cork Liquors. Evers now spoke about how McFarlane had spoken to Wells about an interview that was done by Jon Evers and Kirk Bunch with Walter. Evers speaks about how McFarlane and Wells had spoken about Michael Cooley and Daljit Atwal, and how Daljit Atwal had brought up the name of Michael Cooley. Evers testified that Scott McFarlane had spoken with Kevin Pickett and Dawn Poma (I believe.)

Detective Jon Evers states that Scott McFarlane had told him that Robert Woody had been in Washington State for several months. The third interview of Scott McFarlane by Jon Evers was done on 03/08/2015. It was stated that DA Investigator Kirk Bunch was at all three of these interviews, and was the one that actually asked the most questions. The third interview was also done at Scott McFarlane’s residence while Scott was working in a pasture. Evers stated that initially, Scott McFarlane was unwilling to speak to him. Scott McFarlane had told him that he had been directed by his CHP Commander to only speak to the investigators at his Merced CHP Office with CHP Officer Lindgren being present. It appears that Kirk Bunch told McFarlane that he had an obligation to speak to the investigators, and that Scott McFarlane eventually did speak to Evers and Bunch.

During this third interview, Evers said that McFarlane had told him that he had not spoken to CHP Officer Eduardo Quentanar recently. Scott McFarlane told Evers and Bunch that he was friends with Walter Wells. It was brought out by Evers that Scott McFarlane had spoken to Walter Wells in February of 2015.

Marlisa Ferreira was now warned by Judge Zuniga to stop asking leading questions to Detective Jon Evers. She kept doing this repeatedly this morning, and was repeatedly warned to stop doing so. This is a tactic that she has used throughout this entire Preliminary Hearing. Detective Jon Evers stated that Scott McFarlane had told him that Walter Wells had come over to his house after the third interview. Evers testified that McFarlane had said that he could not remember the content of the conversation that they had during this visit.

Marlisa

Marlisa now asks Evers about at least eight phone calls that were made between Wells and McFarlane. During this line of questioning, she was repeatedly warned against asking leading questions. It was brought out that Wells and McFarlane both worked out of the same Merced CHP Office. Evers testified that McFarlane had told Walter Wells that Korey Kauffman was a drug user, and a thief, but had not said this to Daljit Atwal or Baljit Athwal. Evers stated that McFarlane had never told law enforcement about the connection between Baljit Athwal, Daljit Atwal, Korey Kauffman, and Michael Cooley.

Evers testified that Scott McFarlane had a conversation with Detective Barringer on 07/15/2012, and that Scott had called Detective Barringer. This was the day that the search warrant was served on Pop N Cork Liquors. Evers spoke about how Robert Woody had said that Korey Kauffman’s body was hidden in the mountains, and that his body would never be found. Evers spoke about how he was told that a Land/Sea container had been moved from the Carson property shortly after Korey Kauffman had allegedly been murdered.

Evers testified that Scott McFarlane had told him that he had seen Korey Kauffman riding a bicycle twice the day after he had allegedly been murdered while he was irrigating a field. McFarlane had told Evers that he had first seen Korey Kauffman on 6AM, then again around 9AM on that day. Evers testifies that Scott McFarlane never told Detective Barringer about these sightings of Korey Kauffman after he was allegedly murdered. Evers stated that McFarlane admitted to a phone call between himself and Eduardo Quentanar the day that the Pop N Cork Liquor search warrant was served. Evers testified that he did not remember who called who on this conversation.

Evers testifies that Eduardo Quentanar had guns at Pop N Cork Liquors, and was building an AR-15 for Daljit Atwal. Evers stated that quintenary also had a shotgun at Pop N Cork Liquors. We now take our morning 15-minute break.

At 10:45AM, Evers is back on the stand. He speaks about a fourth interview that was done with Scott McFarlane on 03/23/2015 that was done at Scott’s residence. Evers stated that he and Kirk Bunch felt that McFarlane had more information that he had not disclosed. Evers testified that he did not remember McFarlane’s demeanor during this interview. Evers testified that McFarlane had told him that he was unaware of any surveillance that was done by Daljit Atwal and Baljit Athwal on the Carson property. Evers stated that Scott McFarlane was working the 10:00AM to 10:00PM shift at the time that Korey Kauffman was allegedly murdered, and that Walter Wells had the opposite days off that Scott McFarlane had off.

Evers testifies that McFarlane had told him that he had viewed a video of an altercation between Robert Woody and Daljit Atwal at Pop N Cork Liquors, and how Daljit Atwal’s hand was wrapped. Evers stated that Daljit Atwal had given two different accounts of why his hand was wrapped. One account was that he had tripped while chasing a shop lifter. Another account was that he injured his hand while weight lifting. Evers stated that Eduardo Quintanar had told him that Daljit Atwal injured his hand while weight lifting. Evers testified that he did not know if Detective Barringer was told about this.

CHP

Testimony from Evers now goes into CHP Officer Chris Mode from the Merced CHP Office who was recorded during a wire- tap intercept in 2012. Evers testifies that McFarlane spoke to him about how he had seen Shadow Pickett at Pop N Cork Liquors, and how he found out that she basically lived next door to the store. Evers testifies that McFarlane had told him that he used Robert Woody as an informant, and that Robert Woody had given him a ride when he was intoxicated. Evers testifies that McFarlane had told him that he did not know if Walter Wells was off work the night that Korey Kauffman was allegedly murdered. McFarlane told Evers that Walter Wells was a frequent visitor at Pop N Cork Liquors. Evers stated that McFarlane told him that he did not know if Korey Kauffman had stolen items from his property.
Evers now testifies that Eduardo Quintanar had told him that McFarlane had said that Korey Kauffman had stolen items from Scott’s property. Marlisa Ferreira is now done asking Evers questions.

Scott McFarlane’s attorney Niemeyer now starts is cross examination of Detective Jon Evers. He asks Evers about a 5th interview between Evers and McFarlane. Marlisa Ferreira immediately asks to have a private conversation with Niemeyer, which eventually includes the judge in her chambers. Something happened in there, and any more talk of this interview suddenly stops. Evers is asked a question concerning the 03/11 interview, and whether or not Evers had the transcripts of this interview, and had reviewed them. Evers testifies that he does not remember reviewing these transcripts. Evers testifies that it was Kirk Bunch who asked most of the questions. Evers testifies that Scott McFarlane did not refuse to answer their questions.

Evers did not remember if he had asked McFarlane to wear a body wire in the investigation. Niemeyer points out that he would remember this, but is shot down for being argumentative. Evers stated that Scott McFarlane gave cooperative answers to their questions. Once again, Scott McFarlane tells them how he had seen Korey Kauffman twice the day after he was allegedly murdered riding a bicycle past Scott’s residence. It is brought out that a man named Jesse Lapue had also said that he saw Korey Kauffman the day after he was allegedly murdered. Evers testified that he was unaware of this man, or his sighting of Korey Kauffman. Niemeyer points out that Korey Kauffman could have been riding a different bicycle, since his other bike was allegedly parked at Michael Cooley’s house. Evers tells Niemeyer that Scott McFarlane had loaned guns to Baljit Athwal. Scott McFarlane was at Pop N Cork when conversations were had between Baljit Athwal, Daljit Atwal, and Robert Woody. McFarlane had been faulted for not remembering two years after that he had made these statements. Niemeyer tries to show how Evers could not remember numerous things during his testimony. It was objected to as being argumentative, and the objection was sustained. Evers states that McFarlane should remember because his neighbor had been murdered. Evers admits that Scott McFarlane had told him that he knew who Frank Carson was, but did not personally know Frank Carson. Niemeyer gets Evers to admit that McFarlane had asked him if Frank Carson was the “Big Guy.” It was brought out that Scott McFarlane knew Detective Barringer from working with him on a neighborhood watch program. Niemeyer gets Evers to admit that he told McFarlane that Detective Barringer was part of his investigative team. Evers states that he does not know if Detective Barringer interviewed Scott McFarlane. Evers stated that he could not remember if Barringer interviewed Scott McFarlane. The morning session is now done. I will try to be in court the entire day on Monday, but I may have some conflicts in the afternoon.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 9-7-2017 AM AUDIO

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HERE IS THE MORNING REPORT