Just a little bit of information

 by Marty Carlson

2016-2017  Budget

Department:  District Attorney

General Fund: $16,780,812

Special Revenue: $1,266,887

Total: $18,047,699

Just as a reminder the District Attorney’s Office 2016 – 2017 budget is allotted at total of $18,047,699.

Any cost overruns will be paid out of the county’s general fund.

The current estimation of the cost of the Frank Carson et al. preliminary hearing and investigation of the Korey Kaufman homicide is around $7 million and counting. Now the $7 million figure is only a guess summation because, as has been explained to me, the District Attorney’s Office does not have any type of accounting on what is spent on each individual case.

It amazes me that the Board of Supervisors or anybody else in that lives in this county is willing to accept that the top law enforcement agency in the county is not being held up to any type of accountability to the taxpayers, and it appears they are giving carte blanche in their activities as far as their spending is concerned. This will not appear well for them that there’s any type of audit done by an outside agency that ever comes in to see what is happened.

Remember that this preliminary hearing is now going to set a new state record for length and cost, as it is currently at 16 months and counting, with major expenses being paid for security, the judge, massive over time by the investigators constantly, and having to hold the hearing outside the regular courthouse and in department 26 the former bankruptcy court on 12 Street.

In addition, there has been a massive expense in so-called expert witnesses, namely a gentleman by the name of Jim Cook. Jim Cook had no specialty training in cell phone tower operations or signal propagation’s. Nor did he have any proprietary information as to the use of any of the cell phone services available. He just had 30 years’ experience selling cell phones and knows how to manipulate Power Point Presentations.

Prior to Jim Cook’s testimony that started in the first part of June he had billed Stanislaus County approximately $206,000 after given an initial estimate of $20,000. He also stated on the stand that he has never been asked to give an accounting of his billing by anyone. It’s also been very clear from the start he was hired by the Sheriff’s Department in this investigation, but the District Attorney’s Office took over responsibility in the billing after he started testifying at $350 an hour and he testified for approximately seven weeks. That comes out to an additional $100,000 giving a total of more than $300,000 that has been spent on the Jim Cook testimony and work alone.

There have been many more massively expenses expenditures in this case in addition there is been some un-tangibles that are unable to put a price on with criminals not being prosecuted, sentenced, or just straight out given a walk in their cases. This case is many admitted drug addicts, burglars, drug dealers, thieves, and many have received special compensations for their involvement.

Transparent California shows investigators and Deputy DAs involved in this case making large sum of money which includes massive amounts of overtime. Every day in court there is many investigators sitting in the courtroom or in the overflow room doing nothing as there are no in custody witnesses, or they are not there to testify. One investigator that works for the California Department of corrections drive down from Sacramento every day to be there in court for no obvious reason to this writer. There is a Modesto police detective that is there almost every day just appears to just hang out with his buddies. Can the taxpayers continue to afford these type of activities where those resources and officers can be used in a much more efficient way.

Can we continue to have this District Attorney’s Office run at this out of control finances?

It’s your taxpayers dime that this is running on you guys tell me…….



Birgit Fladager


Recent events in the Stanislaus County District Attorney’s Office has led to some interesting revelations occurring in our District Attorney’s Office.

The Stanislaus District Attorney’s Office has had a massive turnover in the last six months to a year where experienced prosecutors have moved on to other areas or private practice. Information I received this week is that they have hired about 8 to 10 new attorneys with only one of them having prior trial experience, most are very young probably right out of law school. Apparently, they like to teach them young on how to do things the way they like them done, and as we have seen in the Frank Carson et al. case it is not all done by the book.

Also, this week there has been an email sent out by Birgit Fladager states their requirements regarding the marijuana possession law that was recently passed by the voters.

This email stated that all marijuana convictions in Stanislaus County, even if it’s an infraction conviction, will require the defendant to submit to a DNA test to be kept in a database. My understanding that this is something for Stanislaus County only and not in the laws passed by the voters of the state.

It appears this administration of the District Attorney’s Office here in Stanislaus County wants to continue maintaining a vice grip on the community instead of just administering justice, along with this they have a great love for wiretaps that do not lead to convictions, and body wires that listen in on attorney client conversations constantly.

Trust me I am not anti-law enforcement but I strongly endorse the fact that law enforcement needs to do their job in a proper manner that works with the people not against the community it serves.

Also, keep in mind in recent years the government has required that all newborn babies are tested for a DNA profile and it is stored in a database for future reference.

The affordable care act, also known as Obama care, has also put in provisions of that act that waves our HIPPA rights that we have been afforded over the years as a protection of privacy and now no longer exists. I have confirmed through sources that medical billing offices are receiving demographic information in regards to patients, patient’s spouses, parents, relatives, or anyone else attached or responsible for that patient. Not to mention what is done to insurance premiums.

This demographic is not general information for particular diseases or age groups etc. but contains specific information like names, birth dates, Social Security numbers, phone numbers, addresses, and other specific information.

The things happening here in Stanislaus County, California, and in our country, can only happen if we stand still and let them happen. We can make change with people working together instead of against each other all the time, there’s strength in numbers and solidarity.







Code of Civil Procedure – CCP

PART 2. OF CIVIL ACTIONS [307 – 1062.20]

( Part 2 enacted 1872. )


( Title 5 added by Stats. 1969, Ch. 1610. )

CHAPTER 4. Service of Summons [413.10 – 417.40]

( Chapter 4 added by Stats. 1969, Ch. 1610. )

ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 – 416.90]

( Article 4 added by Stats. 1969, Ch. 1610. )


(a) A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, presiding officer, or other head of its governing body.

(b) As used in this section, “public entity” includes the state and any office, department, division, bureau, board, commission, or agency of the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in this state.



Warren Yates

1-6-17 – Since there is a break in the Carson 8 persecution due to the Dist. Atty.’s office violating Brady versus Maryland by refusing to disclose exculpatory evidence after being ordered to by Judge Manoukian after the arrest of the Carson 8. The judge ordered the Dist. Atty. to present the entire discovery in this case to the defense attorneys 16 months ago. What a joke that was!

District Attorney’s Office has been dribbling out exculpatory evidence for the last 16 months. The DA’s office obviously has little respect for the judiciary. This has carried over all the way through this preliminary hearing. Time after time Judge Zuniga has been telling Ferreira to make sure the entire discovery has been given to the defense attorneys. The judge has finally had enough of the disrespect exhibited toward her by Fladager and her minions. No further discovery will be allowed after January 19, 2017.




On January 3, 2017, Carmen Sabatino paid for a electronic signboard that was put up in front of Department 26 so all of the supporters of eight innocent people could see a sign welcoming the eight innocent people who were able to come in the front door of the court. The court was supposed to proceed that day, however, Ferreira came bumbling in with even more exculpatory evidence/discovery that that the crack District Attorney’s Office just turned up. IMAGAINE THAT!

The defense attorneys needed more time to review and analyze over 100 hours of recordings that had secreted away somewhere hoping that the defense attorneys would not have them. It should be noted at this time that the discovery that Ferrera has been dribbling out for sixteen months was mostly all found by the defense attorneys and not thru the goodness of the District Attorney’s Office.

Getting back to the electronic signboard, I was in Sabatino’s with an attorney for breakfast this morning and I talked to Carmen and the consensus was that the sign should be changed to read “RECALL FLADAGERfor all the reasons that have been given in commentaries for the last 16 months. You have but to look into the archives of commentaries and it is all too clear. Well, this afternoon as I was going home from an attorney’s office and passed by the 400 block of McHenry, facing southbound traffic was the electronic signboard with a two word message. Guess what it is?




I have a whole lot of information to write in my commentaries during this hiatus of the hearing which I will get around to. This is more or less an emergency commentary I want to get into print.

You may be wondering by this time what the title refers to. So I am going to tell you so that I do not leave you wondering. I was requested to serve some subpoenas on certain law enforcement members in Stanislaus County. This is a jury trial in federal court in Fresno California. One of subpoenas was for Assistant District Attorney dave harris. No respect, no caps.

I will tell you now that there were subpoenas for several Stanislaus County deputy Sheriff’s. The Sheriff’s office on Hackett Road was contacted to inquire as to who accepts service for deputy sheriffs. The person on the phone said there was a subpoena clerk and to just bring them out to the Sheriff’s office and they would accept them. That is the normal procedure in an agency that knows what it is doing. The subpoenas were taken out the Sheriff’s office and given to the subpoena clerk and that was that.

Knowing that someone at the District Attorney’s Office accepts service for employees of the District Attorney’s Office, I went to the lobby of the District Attorney’s Office. As I mentioned in a prior commentary you don’t go anywhere beyond a telephone in the lobby if they don’t want you there. These are your public servants in action. But don’t get too close to them.

I picked up the phone and someone upstairs answered and asked what I wanted. I asked them who accepts service for employees of the District Attorney’s Office. The girl on the phone asked “Who is it for?” I said “dave harris”. There was a stunned silence for about 10 seconds and then the girl said “hold on I have to go check”. Feeling that I may have stirred up a “poop storm”, I noted the time that I was put on hold.

Now that is a very simple request but apparently not to them. There are two security guards there to make sure that no one goes beyond the hallowed metal detector without authorization of the grand Pooh Bah. Several times they looked at me wondering why I was still on the phone. A young lady came in with some sort of documents and was standing there by the phone where I was. As it got into eight and 10 minutes wait, one of the guards called her over to his desk and she used his phone to call up stairs and guess what? She went right up. IMAGAINE THAT!

At minute 18, the girl came back on the line and said they do not accept service and I would have to go find him somewhere. In somewhat of a state of shock I said really? And she answered yes. I immediately began to feel my body up and down to make sure that I had not been hypnotized and had someone slip an explosive device on my body that one of the surveillance cameras picked up. Well guess what? NO EXPLOSIVE DEVICE! IMAGAINE THAT!




Do you get the reason for the title yet? Here is the number two person to fladager that does not have any of the items mentioned in the title. Why would somebody that is so important that he is the second in command at the District Attorney’s Office not ride the elevator down, receive his subpoena and go back upstairs? Or why is there no one there designated to accept service of process for employees of the District Attorney’s Office?

Is it because he knows what the subpoena is for? I will tell you that the subpoena is to appear in federal court as a witness. A witness involving a civil lawsuit against a Stanislaus County Deputy Sheriff who for no valid reason attacked a 63-year-old man throwing him onto the ground and then hitting him in the back of his head while he was face down on the ground offering NO RESISTANCE WHATSOEVER!
Coincidently, the deputy involved is one of the myriad of bailiffs working the Carson 8 hearing.

Here we have the assistant district attorney who in 2015 was paid $204,514.12 as a champion of the people. REALLY? REALLY? (CHORTLE, CHORTLE, CHORTLE)

Years ago there was a radio program and then a television program by the name of “Mr. District Attorney”. The stars were Jay Jostyn and David Brian. At the beginning of the show they had the musical theme and a voice came over and said “Mr. District Attorney, Champion of the people. Defender of truth. Guardian of our fundamental rights to life, liberty and the pursuit of happiness”. Throughout the reign of the current district attorney it would appear that none of them had ever listen to the program. Champion of the people? No! Defender of truth? No! Guardian of our fundamental rights? No! Guardian of life, liberty and the pursuit of happiness? No! Some people could learn a lot just by listening to an old radio show or TV show.

Here we have a public employee making $17,000 per month and he will not accept service of process. What a superhero huh?




Now as some of you know, I think I was taken off the Christmas card list at the District Attorney’s Office probably over a year ago. I had to go to the doctor and obtain medication because I couldn’t sleep because I was heartbroken. On January 3, 2017, when Ferrera walked past me and looked at me going into the court room, if looks could kill I wouldn’t be here to write this.

And after 18 minutes of scurrying around upstairs trying to figure out what to tell me because I had service of process for harris, they came up with telling me to go find him myself. Now not being on the Christmas card list anymore and not being invited to the Dist. Atty. spring picnic, anyone who thinks that I would go anywhere near the home of dave harris after dark to serve a subpoena is as goofy as anyone who voted for hillary.

The headline in the Modesto Bee would be: “Process Server Mistaken For A Home Invader With An Explosive Vest Shot 26 Times”. Not the way I want to check out. I have another plan afoot that I feel may bring success for me and my service attempt. But I can’t disclose it here even though I know that no one in the District Attorney’s Office ever reads the commentaries. (CHORTLE, CHORTLE, CHORTLE)





By the way, if my body is ever found wrapped in chains with 7 shots to the head with a plastic bag over my head at the bottom of the Tuolumne River, hint: It wasn’t suicide”



By Warren Yates



1-4-17 – Yesterday, was the first day that the Carson 8 were unified in their appearance in court. It was a time for celebration to see Frank, Baljit, Walter and Dee walk in the front door instead of through a side door in the courtroom. Carmen Sabatino paid for a large electronic signboard to be in the street which welcomed them home, free at last. It is currently in front of Sabatino’s on McHenry.

We think that the next place it should be set up is across the street from the entrance to the courthouse on 11th St. It might give hope to family members of those still incarcerated as they go to court. They can also be viewed by Fladager as she goes into court. Oops my bad!!!! Finding Fladager in a court room seems to be a thing of the past. She certainly didn’t bother to appear in court today to support her subordinate in a case that may spell the end of her tenure. We will see where the electronic sign appears again.

Okay I’m taking us back to Department 26. As the news cameras showed there were three people out there with signs calling for Fladager to resign or be recalled. To a reasonable person, one would think that they are member of their families had been a victim of injustice at the hands of Fladager. Having read many the comments on stories in the Modesto Bee, there are many people in Modesto Stanislaus County that want her ousted onto her keister. Merriam-Webster defines keister as: backsidebehindbooty (also bootie) [slang], bottombreechbumbunsbutt. I won’t tell you what the unabridged slang dictionary calls it but I guess you get the idea.


For any readers who may not be acquainted with my commentaries, I periodically post a disclaimer lest anyone should think that I am anti-police or anti-law enforcement. The opposite of those are certainly true. So here is my disclaimer: As a disclaimer for this commentary, I wish to go on record as I have in numerous other commentaries that have been posted. I spent 27 years in law enforcement and fully support all legitimate and unbiased law enforcement in our country, state, county and city dedicated men and women who put their lives on the line 24 hours a day to protect us. The two keywords in my commentary are “legitimate”, “dedicated” and “unbiased”. I totally reject an agenda driven prosecution whose sole purpose is not to find justice, but to decimate the lives, reputations and physical well-being of innocent people.




That being said let’s get on to the events of today’s court session. After the session on December 22, 2016, Ferrera and bunch scurrying out the back door of the court like rats jumping off of the SS Fladager (AKA Titanic), we were all musing as to whether or not the “dream team” would sneak into the court by the back door or plow through the gathering of well-wishers for the Carson 8. I was standing right by the entrance door from the outside into the lobby of the court when much to my surprise I turned to my right and came face-to-face with Cap’n Crunch Bunch. As he looked at me I said “Speak of the devil” but I saw no smile on his face. I’ve used that expression when I spoke to someone who I had recently spoke about and they thought it was humorous. Well no humor around here right now.

As he went on, right behind him just as sure as stink on poop came Ferreira. She was all decked out in a trench coat type raincoat wearing huge sunglasses. Possibly she was trying to slip in and no one would know who she was. As she went past my face I could feel an electric sensation. Ooh, ooh, ooh! A light went off in my head and I get the immediate feeling that if she had one of their star witnesses, Michael Cooley’s “shank” in her hand, she might have stuck me in my gizzard. Hallelujah my gizzard is still intact!

Thinking back, I now recall without using a report to refer to unlike many of the law-enforcement witnesses, on December 12, 2015, I wrote this: At the last closing session, deputy Dist. Atty. Ferreira used my name in open court and held up something purported to be something I wrote and requested that Judge Zuniga issue a gag order to prevent anyone, particularly myself from giving our perceptions of the proceedings.

As I mentioned in a prior post, I am humbled by the thought that deputy Dist. Atty. Ferreira feels that something I write could possibly influence anyone and sway their opinion regarding this airtight, slam-dunk, gotcha,” it’s in the bag” and it’s all over but the shouting case of theirs. I am still waiting for her to present a motion to the court to put a gag order on me because she feels that what I write may taint a jury pool if this case goes to trial. I hope there are no hard feelings because there are none on my part. I’m still waiting for the gag order!


I had been advised that an email went out to the attorneys for Eddie Quintanar,Jr and Scott McFarland to be in court as the judge wanted all of the defendants together in court. There were many of us including myself that felt something wonderful was going to happen. That being that all the defendants’ cases were being dismissed as they should be. The judge took the bench at approximately 10:48 AM. One thing different in the courtroom was instead of six or seven bailiffs scattered around the courtroom there appeared to be just two inside the courtroom.

It was disappointing to hear the judge tell Eduardo and Scott and their respective attorneys that instead of appearing this Thursday their case would be continued until March 23, 2017 at 9:30 AM. At that point it became apparent that the charges against the Carson 8 were not going to be dismissed at this time. For me that was heartbreaking. So we are still mired in this preliminary hearing which may set a new record for length of a preliminary hearing which the McMartin case in Los Angeles which is 18 months.

The judge was then informed by Ferreira that she had approximately 25 more audio or video recordings that have not been presented until this morning. I think I saw smoke coming out of the judge’s ears when Ferreira said that. Judge is definitely was not pleased.

Ferrera then asked if the court wanted her to go over the items line by line. Judge Zuniga said “Yes. I want the you to make a record because sanctions are coming”. The judge then told Ferreira that she asked this morning in chambers if there was any more discovery and Ferrera stated no. And now Ferreira brings additional items this morning. Judge is very upset.

Then Percy Martinez told the court that there were over 100 hours of videos to watch and that they needed more time to review the all of the discs that should have been provided before. Judge Zuniga then acknowledge that there would need to be more time needed to review all of the late discovery.

Martha Carlton Magana: A lot of the documents just discovered support the innocence of the defendants.

Robert Forkner: Kirk bunch LIED about certain interviews not being recorded. They were in fact recorded. LIAR LIAR LIAR!!!!! (My emphasis on the LIAR)

Hans: Ferreira says there is no more discovery. I am sure the discovery will continue to drizzle in. The police reports differ from what the audios show. Reports are wrong.

Ferreira: Jake from State Farm is supposed to do a master index of all of the discovery. It hasn’t been completed yet because we’ve been very busy. The district attorney is back. (So what?) Ferreira continues stating that they followed the judge’s order about a roundtable meeting to get all of the discovery out. Guess what Ferrera? HOW’D THAT WORK OUT FOR YOU? Very well or not at all? Readers, you decide.

Judge Zuniga then stated that everything has to be in by January 19, 2017 and there will be no more after that.


Talking outside with Frank, Baljit, Walter and Dee was a pleasant experience. It’s so good to know they are home with their families where they belong. They were all in good spirits considering the torture they have gone through at the behest and at the hands of Fladager. Shameful malicious prosecution. If Fladager was a gambler, she would be holding “Aces and Eights”. If you don’t know what I mean, read up on Wild Bill Hickok. Nuf said!

Since I am disappointed that the charges didn’t get dismissed on these innocent people and the case is not over, and there is a hiatus, I am going to go back in time to my other commentaries and take out, copy and paste into commentary summaries to remind readers of many of the nefarious and illegal actions taken by the district attorney and her minions at her direction during this travesty of justice. So let’s get started!

1-8-15So far their stellar array of witnesses are composed of ex-felons, current felons. drug dealers, drug addicts, defendants trying to get better deals or reduced sentences, an embezzler of $12,000 who’s case just can’t seem to make it to the preliminary hearing, people who swear in court disrespecting the attorneys and completely disrespecting Judge Zuniga, investigators who testify orally one way and when an audio is played or transcript read have to change their testimony, uncharged thieves and uncharged people selling stolen property to buy drugs and on and on and on.Miranda “sunny” Dykes

Miranda “Sunny” Dykes




Miranda Dykes was the on and off again girlfriend of the confessed killer of Korey Kauffman, Robert Woody. Deputy Dist. Atty. Ferreira BRIEFLY spoke on the prospective witness’s criminal history.

This is an in-depth look at the local criminal history of Miranda Dykes. When you see the dates involved in relation to the investigation of the murder Korey Kauffman, you can draw your own conclusions:

On April 24, 2013 she had a complaint signed for HS 11377(A) felony possession of controlled substances.

PC 273A(B) misdemeanor willful cruelty to child.

HS 11 364.1(A) misdemeanor possession of paraphernalia smoke or inject narcotics.

On or about March 23, 2015 all of the charges were dismissed.

On July 30, 2013 a complaint was signed for two counts of PC 273A(A) felony willful cruelty to child possible injury/death.

On or about January 20, 2015 Dykes apparently the pled nolo contendere to one count and one count was dismissed.

On May 15, 2014 a complaint was signed charging a violation of PC 484(A) petty theft.

On August 7, 2014 the case was dismissed.

On June 4, 2014 Dykes was arrested for HS 11377(A) felony possession of a controlled substance and for HS 11350(A) felony possession of a controlled substance.

On August 7, 2014 the charges were dismissed.


The above information is available on the Stanislaus County court index. It was placed there to present a snapshot of another prosecution witness.

At this time I want to again as in prior posts, extend my sincerest condolences to the family of Korey Kauffman. Hearing this type of testimony regarding the brutal murder is heart wrenching. As I said before, I too have suffered the loss of a son and parents are not supposed to bury their children. I want to see the REAL killer of Korey Kauffman to be punished to the full extent of the law.


12-17-15Defense attorney Hans Hjertonsson argued that on Tuesday the prosecutor said she found it “very interesting” that Carlton-Magaña was representing Cooper’s cellmate. He said it was clear to him that the prosecutor was accusing Carlton-Magaña of tampering with the witness. “There are no other inferences to be drawn from that,” Hjertonsson told the judge Thursday.

Defense attorney Percy Martinez argued that the prosecutor said Stephen O’Connor, a local defense attorney, was the last person to visit Cooper’s cellmate in jail. Martinez said that the prosecutor was suggesting that O’Connor, who once shared office space with Carson, might have tried to influence Cooper on Carson’s behalf.

Martinez reviewed custody records and determined that O’Connor’s last visit to his former client, Cooper’s cellmate, was on March 24, several months before Carson was arrested and charged in the Kauffman murder.

The judge agreed, saying Ferreira was wrong about the timing of the jail visit. Zuniga said the prosecutor misspoke in court as others involved in the case have.

Now remember, if we citizens misspeak in court it is perjury but if law enforcement lies in court they merely misspoke. SOMETHING WRONG WITH THAT PICTURE? YES!!

11-19-2015As a police officer during a traffic stop or personal contact with someone it is normal procedure to run a records check for wants and warrants on the person. There is no question that Investigator Bunch had knowledge of the warrant outstanding for Mr. Samra when they went to his residence and made contact with him. While interviewing him and telling him what he should do when defense attorney Forkner talks to him and then saying” We were never here and this never happened” smacks of egregious misconduct.

Then when the witness’s testimony is not favorable to the prosecution, all of a sudden the deputy district attorney blurts out “you have a warrant don’t you?” The judge brought everyone into chambers and admonished the district attorney. The district attorney’s conduct makes one think of the old saying” come into my parlor said the spider to the fly”. It seems on the surface as if the witness’s testimony was not what the deputy district attorney wanted, and then she suddenly remembered about the warrant. (This is the type of crap Ferreira pulls constantly in the case. She is a malicious black hearted, win at any cost, screw anybody over she can and call it “good work”. What a crock.)

The district attorney or staff should not have given advice to Mr. Samra because he is represented by an attorney and now the people are minimizing what they’re doing.


The district attorney stated that she is being distracted by the constant points and authorities that the attorneys are giving her almost daily. The district attorney then stated the she is not trying to minimize the issues and ” I just want to do it right“. (She would not know how to do it right if it slapped her in the mug.)

Detective Redd then testified regarding the confidential informant and the fact that if there were to be any leniencies regarding his case that the informant would have to provide corroborated information that would pay off. He then went into the informant buying controlled substances from Michael Cooley and then Cooley and Eula Keyes being arrested after the search warrant was served. They walked the short distance to the Turlock Police Department where Investigator Bunch magically appeared as if he were “Mandrake the Magician”. Some of you younger readers probably don’t know who that was.

Kirk Bunch

It was then that Cooley and Keyes decided to become snitches trying to work their beef off. But after some time they failed to deliver and where arrested and booked. (HA HA HA!! Stanislaus County Case # 1471029 arrested 2-28-14. Since their arrest they have had 55 “Pretrial Hearings”. Their next Pre Trial Hearing is 2-3-17. Three years after their arrest. No deals right? Oops! I forgot, they are two of the persecutions star witnesses.)

Ms. Martha Carlton Magana then asked if it was unusual to not arrest people or file charges prior to determining if the suspects can provide information to work their case off. Mr. Laugero stated that it was not unusual to do that. He was asked if the confidential informant had two strikes. He said he didn’t know and he would like to review the file which he did. The confidential informant has convictions for kidnapping and assault with a deadly weapon and three prison priors. (Now we all know that a dirtbag with that record would always tell the truth and never, never just say whatever the district attorney wanted him to say in hopes of getting a better deal would they. Pardon me while I regurgitate.)

In watching this case develop I am reminded of the story of Gordius, the King of Phrygia who tied a knot that could only be untied by the future ruler of Asia. Instead when Alexander the Great saw it, he drew his great sword and cut it. The analogy is that the people’s case appears to be the Gordian knot and the defense attorneys are akin to Alexander the Great and cutting that knot. Just saying…

1-26-16Now for a little update on the proceedings. As some of you will remember, back in November 2015, it was mentioned that one of the first upstanding prosecution witnesses was Sabrina Romero. If you remember, she is the person that committed felony embezzlement from a local doctor and stole $12,000 from her business.

See minuet order here: romero

A complaint was filed on February 27, 2013 and the case dragged on until on 3-14-16. Then after over three years of delays, she nolo contender to a “MISDEMEANOR” with probation and no restitution order from the DA. (Think there was a stinking deal here? You say what we want you to say in the Carson hearing and “we’ll take care of you, you little dirtbag thief.)




FRANK CARSON et al 1-3-2017 (tom)






I am sure most of you have read Marty Carlson’s rant. What many of you do not know was that I was am one of the people who Marty was ranting about. I had the good fortune of running into Frank Carson. He was gracious enough to spend some time with me and talk. The first words out of Frank’s mouth were that he was going to head to his doctor’s office for a checkup. He told me that we only had a few minutes to talk. We had a good conversation that lasted approximately 45 minutes. When I left, I left a voice message for Marty telling him about the meeting, and asking him to give me a call. I did not get a call back. I read Marty’s rant on his website. I sent Marty a text message asking him if it was ok if I called him. He immediately called me back. Marty was very upset with me for not being a “Team Player” by not calling him to join me with Frank at the chance meeting. I explained to him how Frank had told me that we only had a short time before he was going to see his doctor. I made every effort to try to diffuse the situation. Apparently, Marty is still hurt by something I had absolutely no intention of doing. I still do not think that I did anything wrong. Today at the courthouse, I extended my hand to shake Marty’s hand. He was not man enough to do so. Marty has criticized the released defendants for not contacting him despite his efforts to have them contact him. I must say that none of the defendants have contacted me as well. I am sure that they are being very careful about contacting anyone. The defendants have no obligation to contact anyone since their release. I simply had the good fortune to run into Frank Carson. It appears to me that jealousy is involved here, and some very childish behavior. I appreciate everything Marty has done with this preliminary hearing. He has done much more than anyone to support the defendants with everything he has done. I am not, and never will be jealous of anything that Marty has done. I will always be supportive of everything he does to support the defendants in this case. I will always treat Marty with respect, and I will never tell him something that is not true. I will always be a man with respect to the way I treat Marty Carlson. By refusing to shake my hand, after everything we have gone through, he was not a man today. This preliminary hearing is not about any one of us in the audience. It is about the eight innocently accused defendants fighting for their lives while spending their life savings to do so. If this article actually gets on the website, I will try to paint for you another picture of what happened today in the courtroom.

Judge Zuniga was on time to the courthouse this morning. There was a rather lengthy private meeting in Judge Zuniga’s chambers, and we were allowed to enter the courtroom at 10:48AM. CHP Officers Scott McFarlane and Eduardo Quintinar were in the courtroom. They were instructed to return to the courtroom on March 23rd to continue their cases. They are being tried separately from the rest of the defendants in this case.

It is announced that Korey Kauffman’s clothing that was found with his remains in the mountains will be returned from the laboratory on January 22nd. This is the second time that the prosecution has sent the clothing out for analysis. The first time showed that there was no evidence of blood on any of the clothing.

Judge Zuniga now states that the discussion in her chambers concerned the new discovery that was provided by the prosecution on Friday, December 30th. She talks about how 81 recorded interviews were turned over, plus 2 files as well. It is revealed that an additional 24 recordings were provided to the defense attorneys today. The date is significant, because on January 1st, a new law went into effect that makes it a Felony for a prosecutor to intentionally withhold discovery.

The new discovery totals 108 items. Marlisa Ferreira now goes into each one of the newly discovered items. She states that eight of these items had previously been discovered to the defense before the preliminary hearing began. She states that 39 of the items were provided in police reports, and that 4 of the items were provided in transcript form. She states that 28 of the items were provided in videos that were previously discovered. She states that 54 of the 108 items were never discovered in any manner previously.

Now it gets really interesting. Marlisa states that she turned over additional discovery to the defense this morning. This seems to greatly anger Judge Zuniga. Judge Zuniga: “I asked you in chambers this morning if there was any more discovery, and you said NO. You could see the heat waves emanating from the bench at this moment. Once again, this discovery comes after the new law has gone into effect. The DA could be guilty of a Felony.

Defense attorney Robert Forkner states that he has provided the judge with a packet of the new discovery that Marlisa Ferreira turned over this morning.

Defense attorney Percy Martinez states that the new discovery consists of over 100 hours of videos that he will have to review. Percy states that he will need more time to go through this new discovery before the defense can rest their case.

Judge Zuniga states that she will give the defense until February 7th to review this new discovery, and that she needs the time to review the Brady Violations and make her decision on sanctions that will she will impose on the DA. I do not think that it will go well for the prosecution. We are getting close to something wonderful.

Defense attorney Martha Carlton-Magana states that: “I have rested my case.” She states that the first 30 pages of a Robert Woody interview just turned over concerned the search of his property, and then about the automobile accident that occurred while her client Baljit Athwal was being transported. She states that the written reports on this were not accurate, and there was remarkable Brady Material that had just been turned over. Martha states that the Bobby Tickner inteviews had never been turned over. She states that there are 108 separate contempt of court violations that occurred. She states that the law concerning the withholding of Brady Material changed on January 1st, and that it is a Felony now. She states that it is not a coincidence that the prosecution has feverishly been trying to turn over discovery before this law went into effect. She states that all the new discovery supports innocence, and that there is ample proof that the DA was aware of the Brady Material. Martha states: “This thing should be over, but will go on for months now.”

Defense attorney Percy Martinez states that he had his staff contact the DA concerning the 03/03/2014 Robert Woody interview. He states that the DA’s Office told him that: “You have everything.” When asked by Judge Zuniga who was contacted at the DA’s Office, Percy said that Ms. Soria was contacted. Percy states that Ms. Ferreira stated in court that: “You have them all.” Percy states that: “There is a lot of Brady Material in the interview.” He states that there is much more Brady Material in the video of this interview than what was contained in the police report. Percy states that Robert Woody was told that the police would: “Bend over backwards to help him.” Percy states that Robert Woody denied having anything to do with the transportation of the body of Korey Kauffman. Percy states that Robert Woody was told on the 03/03/2014 interview that Steve Jacobson would be picking him up on 03/04/2014 so that he would have another interview. Percy: “We do not have this interview that was done on 03/04/2016.

Defense attorney Timothy Rien states that: “Since I rested my case concerning Walter Wells, I received an E-Mail informing me of new discovery on 12/30/2016.” Timothy Rien states that the actual discovery discussed in this E-Mail was just received by the defense attorneys this morning. He then states that this discovery was followed by more discovery from the prosecution that was provided to the judge this morning by Robert Forkner. Timothy Rien states that he will need until February 7th to review this new discovery.

Defense attorney Jesse Garcia now speaks about how DA Investigator Steve Jacobson is preparing summaries of all discovery provided to date in this preliminary hearing.

Defense attorney Robert Forkner asks Judge Zuniga to delay making her decisions on sanctions until the defense attorneys can review the magnitude of the Brady Material violations. Robert Forkner states that Steve Jacobson testified on the stand that the interview of the Woody family was not recorded. Forkner states that Jacobson testified that another interview of the Woody family was not recorded. Now the recordings are being turned over. He lied on the stand twice concerning this.

Judge Zuniga: “I need time to have a full understanding of the Brady Material violations.”

Defense attorney Hans Hjertonsson: “Eighty two violations has now grown to 108.” Hans: “I am afraid that this will continue in the future.”

Judge Zuniga: “Ms. Ferreira, are you still planning on making a master index of all the discovery?” Marlisa makes excuses about the DA’s Office being understaffed and overworked. Poor baby. At this time Marlisa Ferreira looks just terrible. She reminds me of the “Sea Hag.”

Judge Zuniga: “Have the problems in the DA’s Office been resolved?” Marlisa Ferreira: “We had meetings at the DA’s Office every day except Christmas Day and New Year’s Day.” Judge Zuniga: “I want an answer by our next court date.” Judge Zuniga: “My concern is that these things keep popping up.” Judge Zuniga: “I don’t want to come back on February 7th, and find out that you are turning over additional information.” Judge Zuniga: “This thing has got to end.” Boy do I agree with that. Judge Zuniga gave Marlisa Ferreira until January 19th to provide her with ANY additional discovery. Judge Zuniga tells Marlisa Ferreira that she need to use an auditor to make sure that everything is turned over to the defense. Marlisa agrees that an auditor needs to be used. Judge Zuniga instructs Marlisa to turn everything over to her by January 19th, and to provide this information to the defense attorneys by that date as well.

Well, I am done with my report for the day. The last fifteen months have been like tip toeing through a mine field. Today was certainly like that.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 1-3-17 (marty)





 The more it changes

The more it stays the same

  by Marty Carlson

 January 3, 2017

As expected when I arrived at the courthouse early this morning there was a long line of people already at the door, makes me think to on the last court date in the morning there is only five people in the audience where were all these people then? Everybody’s looking for that feel-good moment.

Court was scheduled to start at 10 o’clock and somebody said the judge was there on time but I didn’t see her come in. We actually got in the courtroom about 10:45 AM and the judge was on the bench shortly thereafter.

First order of business was bringing Scott McFarlane and Eddie Quintanar forward and again continuing their ongoing wait in purgatory until March 23, 2017 at 9:30 AM. That was the first indicator that I received that showed me this case was going to be dragged out some more.

And then Mme. DA gave an update on the lab dates of the clothing that’s being analyzed and stated they be available after January 22, 2017.

On December 22, 2016, we advised there was an additional 82 pieces of discovery that were turned over that day which led to the in-custody defendants being released, and seems to be an ongoing problem with the District Attorney’s Office turning over discoverable materials to the defense. During the time off there is apparently another 25 or 26 pieces of discovery that we again turned over on Friday, December 30, 2016.

Giving a grand total of 108 pieces of discovery to be reviewed.

Mdm. DA did an oral inventory to the court of the items in discovery and stated there was eight items that were originally discovered prior to the preliminary hearing.

There were 39 police reports on some audios some videos and some transportations that there were some questions on whether they been discovered prior to or not.

There were also 4 audios provided in transcript form.

There were 54 items that had not been discovered and were mostly supplements provided by officers on last Friday the 30th. The DA’s office had emailed this information to all attorneys involved, and had provided all them with a hard copy today.

Mdm. DA also stated that there is some new discovery she wanted to put in today, which again drew the ire of the judge who looked at her and stated she asked her in chambers earlier if she had any more discovery and Marlisa Ferreira said no, but is now trying to say that there is.

Apparently, they are some miscellaneous jail recordings of some of the defendants while in custody and similar type items. In addition, there some supplemental reports on these too.

Again, the judge is letting the defense attorneys have their say in arguments to make their records and Percy Martinez said again it is late discovery that was provided on New Year’s Eve and they will need time to review this discovery. At that point I knew this case is going to be continued until much later date and there’s no hurry since they’re not in custody at this point.

Martha Magana stated there is an interview with Robert Woody included in this discovery that has now been turned over after she has rested. She also stated that many of the reports are not actually accurate to what the audios said. And this is information that she should had prior to her resting her case. She says the DA has misled the defense attorneys in previous inquiries as to discovery as many as this stuff was inquired about and they were told they have everything.

Martha Magana also stated that it’s interesting this stuff got turned over very quickly on New Year’s Eve prior to the new law going in the fact on January 1, 2017. That law provides that is a felony for prosecutors to withhold evidence from the defense. In all this can be devastating to all involved in not sure there is a remedy.

Percy Martinez added again as far as the Robert Woody transcripts prior to his testimony and he had requested that specific information sometime back before Woody testified. He stated that the DA had responded you have all the discovery from the March 3 of 2014 interview. The new discovery contains much more information in regards to Robert Woody and the co-worst statements that he made.

On a personal note at this time I remember multiple occasions of defense attorneys requesting discovery materials and Marlisa Ferreira responding “I believe I have complied with all my Brady obligations”. That was a response that I heard on multiple occasions and it struck me funny at the way she responded at those times, now I know why.

Percy Martinez went on to say that Robert Woody had initially denied moving anybody’s but the investigators kept telling him it would help his case if he started talking about that. In addition, one of the statements contains a comment from investigators where Robert Woody would be picked up on the next day by Steve Jacobson for further interview, but no discovery has been turned over about that next day’s interview.

Robert Forkner asked the court to reserve on sanctions until all the discovery is reviewed and briefed and/or argued. He also stated there was some testimony by officers there were no recordings of any type done whether in written, audio, or video, but now this discovery says that there is.

Attorney Hans made an argument to the court that on December 22 the DA had turned over 82 items and now it’s grown to 108 and believes there be a continued flow of discovery even after all this has happened.

The judge inquired of Mme. DA if their office is addressing this discovery problem, and Matt MDA actually did some double talk to the judge and never really answered the question. What she said was actually something to the effect we are having meetings in regards to this.

At this point the judge gave the District Attorney’s Office in till January 19 of 2017 to turn to discover all discoverable materials to the defense. This is been done several times before apparently they are not being held accountable to those previous dates in a makes me wonder if they will be held accountable to this date.

The judge also suggested that an independent auditor be brought in to look at the master list of discovery for this case to determine if there’s anything that hasn’t been done yet. Mme. DA stated that she wholeheartedly agreed with that, and will probably be done.

At that point court was taken into recess and continued in till February 7, 2017 at 9:30 AM.

Just for information the research I have done on preliminary hearings in California and the United States is the McMartin preschool preliminary hearing back in the early 80s was 17 months, I have not been able to find anything else in regards to the United States so it is safe to say the Frank Carson et al case will be the longest in history and probably by far the most expensive.

Congratulations Stanislaus County you’re going to make the record books, you should be proud.