FRANK CARSON et al 2-23-2017 (Tom)

THIS IS REALLY CRAP TIME FOLKS

FRANK CARSON CASE

02/23/2017

BY WILLIAM THOMAS JENSEN (TOM)


I have been wishing for an end to this preliminary hearing for over a year now. There is an old saying: “You can wish with one hand and crap in the other, and see which one gets filled first.” Are we ever going to see an end to this crap? Only the shadow knows for sure.

I am not quite sure what to write about what happened today in the courtroom. We are cleaning up some motions that have been hanging around for quite some time, and the judge did not seem to be supportive of what the defense attorneys are trying to do.

Court started basically on time today at 9:45AM with defense attorney Percy Martinez speaking about the Ramey Warrant, and a motion that he has made concerning it. Percy starts speaking about the multiple layers of hearsay that are contained in the Ramey Warrant, and Judge Zuniga blurts out that: “This time, I am not going to allow you to do this.” She states that Percy’s arguments on this issue are untimely.

Percy then starts talking about how consciousness of guilt must come from both of the Athwal Brothers and not just one of them. Judge Zuniga: “I agree with you, and I agree with an objection that was made by Hans Hjertonsson that it was compound.” Judge Zuniga: “I agree it was my mistake by not sustaining his objection.” This whole situation centered around a question where Robert Woody was asked if the Athwals had ever put money on his books at the jail. This question was never answered by Woody, and Marlisa immediately asked him further questions that assumed that he had answered the question in the affirmative. Marlisa Ferreira immediately states that she wants to re-open on this issue, and Judge Zuniga immediately denies her request. Judge Zuniga: “Mam, you better pick your battles.”

Judge Zuniga states that she is making a list of the testimony that she allowed pending a motion to strike. There is discussion about a motion made by defense attorney Martha Carlton-Magana to force the disclosure of a confidential informant that was mentioned by Detective Dale Lingerfeldt in his testimony.


We now go back to arguments being made by Percy Martinez. Percy states that his motion is based on the plea agreement that was made with Robert Woody on August 3, 2015. Percy states that this plea agreement was done quickly by Marlisa Ferreira and Woody’s defense attorney Martin Baker. Percy states that this plea agreement was presented to Woody early in the morning when Woody walked into the courthouse after being transported from jail. Percy states that Woody signed the agreement in the back room, and that the agreement was coercive in its nature. I notice that Marlisa Ferreira is shaking her head, and she immediately makes an objection. Percy Martinez states that Woody’s plea agreement contains a list of stipulated facts that are suspect in their nature. He cites the People vs Badger. Percy states that Woody testified that he believed he would be in violation of the agreement if he did not testify exactly the same as these “Stipulated facts.” Percy states that Woody testified that he would lie in order to escape a life sentence in this case while testifying on 09/14/2016.

Percy Martinez then states that Robert Woody gave proven false information concerning Walter Wells and Frank Carson. Percy states that Woody’s defense attorneys exposed those lies by waiving the attorney/client privilege. Percy states that Woody believes that he has to testify to the stipulated facts in the plea agreement in order to receive the tremendous offer of a 7 year and 3 month sentence instead of life in prison without the possibility of parole.

Percy Martinez argues that Robert Woody lied over and over again, and gave at least 15 different versions of his story. Percy states that on a recently discovered March 3, 2014 interview that Woody stated that he did not know anything about the killing of Korey Kauffman, or the moving of the body. Percy states that Kirk Bunch told him on this interview that: “He should sleep on this, and change his testimony so that he could get a good deal.” Percy states that Woody lied on every interview that he gave. Percy cited some case law, and said that Woody was: “A little slow.”

Percy Martinez then says that Robert Woody had requested copies of the transcripts, and police reports from his attorneys. Percy says that this request was denied by his defense attorneys, but the paperwork was provided to Woody by DA Investigator Steve Jacobson. Percy states that Robert Woody was dependent on Steve Jacobson. Percy cites the People vs Boyer, and the People vs Daniels. Percy says that Woody is a self-admitted liar, with a strong compulsion to testify to the stipulated facts to avoid a life sentence.


Marlisa Ferreira states that Percy Martinez is: “Mixing apples with oranges with his arguments.” Marlisa argues that the defense attorneys do not have standing on the issue of self-incrimination by Robert Woody, and that Robert Woody is the only one to have standing to assert this argument. Marlisa Ferreira states that the plea agreement states that Woody must testify truthfully in order to get his deal. Marlisa argues that Woody plead Nolo Contendere (No contest) in his plea agreement. She speaks about the People vs West, and the People vs Rauen. Marlisa states that Woody’s statements were not involuntarily obtained.

Judge Zuniga: “Ms. Ferreira, the way I see the record being made, and what a reviewing court would note does not absolve you about the issue of form over substance.” Judge Zuniga: “I am going to allow the defense attorneys to make their record.” Judge Zuniga: “The burden is high on those that are making the motion, and the argument is that Robert Woody is not credible.” Motion denied.

There was some discussion by Percy Martinez about how Frank Carson is working as a lawyer, and needs to be out of county for his work. Frank wants to be able to work in San Joaquin County, and Fresno County Federal Court. Judge Zuniga allows Frank to do so, over the objections of Marlisa Ferreira.

We are now done, and court will resume on March 7th, 2017 at 9:30AM. It looks like we are going to have Mr. F Bomb Patrick Hampton back on the stand, as well as DA Investigator Kirk Bunch. After that, we will probably go into closing arguments, and an eventual end to this never-ending abomination of justice.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 2-22-2017 pm (Marty)

AFTERNOON MORE MOTIONS

by Marty Carlson

2-22-2017


The afternoon session started about 1333 hrs. with Percy Martinez continuing with his motion in regards to striking the Ramey warrant.

And again, it was an ongoing talk about the commentary that’s put in the warrant with no factual basis, and just character assassination on some of them, with others being just opinions and not facts. There was also some hearsay statements in it and all of them ended up being irrelevant as to the facts of the case.

This argument went on for some time as he was going page by page through the Ramey warrant.

Percy Martinez argues that this Ramey warrant is a mini novel of 326 pages of misinformation being spread to the public thus creating a character assassination. He also argued that this Ramey warrant was referred to by Birgit Fladager in the press conference that was held the day that all the defendants were arrested.

He also argued that Adam Christiansen had testified in this hearing that the DA was consulted prior to this posting of the Ramey warrant. He also stated that he had never posted any information like this before. Sheriff Christianson also stated it was a mutual decision with the district attorney to post the Ramey warrant.

Percy Martinez argued that attorneys are prohibited from detailing a case to the public but have done this with this Ramey warrant. In addition, the information contained in the Ramey warrant has not been proven during this long preliminary hearing. He stated that Frank Carson’s due process rights have been violated as a result.

Mme. DA argued that no seal on the Ramey warrant was ever made by any judge including Judge Rigby, the one who signed it. She stated there is no misconduct or authority to dismiss the case as to a violation of a court order. She stated that Frank Carson has had plenty of time to show to the court all witnesses for the defense and has not been harmed and has not been prejudiced in any way nor has been shown.

Mdm. DA cited section 5 – 120 I believe, of the evidence code saying the citations by attorney Martinez do not apply to police officers but attorneys and attorneys only. She also claimed the district attorney never made any public comments nor posted on the district attorney’s website. She claimed that hearsay and prohibited arguments are just a backwards attempt to disallow the Ramey warrant.

As to case law, regarding informant’s personal knowledge is allowed. In fact, she cited that even judge Zuniga has approved many of these issues already in this hearing. She asked the court to deny this motion for failing to meet their burden.


Percy Martinez argued again that the DA Birgit Fladager, during the press conference the day of the arrest, had invited the public to go to the website to view the Ramey warrant which included personal information from all the defendants. That information was Social Security numbers driver’s license number, birthdays, etc. In addition, the sheriff had input and legal advice from the DA.

The judge finally ruled and said she has no legal basis to uphold this motion. She did state that she does not understand how a warrant was published on a website. And she is not familiar with many procedures that are done here in Stanislaus County, and these are procedures that she has not experienced before. She also emphasized that it does not mean that they are wrong. Court records are open to the public and any prejudiced experience by a defendant can be bedded out during Voir Dire or a change of venue.

She also stated that the remedy to this situation would be a complaint or report to the Bar Association not a dismissal of charges.

They then moved on to the second motion of the day

This motion is regarding exclusion of evidence pertaining to the office visit by officers on August 9, 2012.


Percy Martinez argued that the officers visit to Frank Carson’s office is a simple attempt in trying to do some character assassination. He wanted the judge to keep in mind that just prior to this visit there was a search of Frank Carson’s, and others properties, where officers did large amount of damage. This led to a lot of hostility on Frank Carson’s part, in addition Frank Carson’s father had recently passed away also. Frank Carson had asked to not to talk to Frank Navarro, but for some reason they sent Navarro into Frank’s office to talk to him. When they entered after office hours, he immediately asked them to show a warrant for arrest or search, they said they did not have them and he told them to get out. They refused to do so and continued to try to antagonize Frank Carson, forcing him to pick up the phone and dialed 911.

The DA response says Frank Carson’s actions on that date are consistent with the advice that he’d given to others in efforts to thwart law enforcement and their investigations. She said it goes to state of mind of Frank Carson. She then for some reason decided to go into some detail of Frank Carson’s father’s death saying it was two months prior to this incident so it is a non-issue.

Marlisa Ferreira also stated that Frank Carson showed a consciousness of guilt because no one would immediately ask a police officer if they had a search or arrest warrant when they enter your property. I personally found that comment offensive especially since he’s an attorney.

Percy Martinez argued again that officers had had a conversation with Frank Carson on July 2012 that was very cordial and he had asked them to put their questions in writing. Then in July 15, 2012, they served a warrant on multiple properties including his doing a large amount of damage to the property to make entry into certain areas. Then on August 9, Deputy Barrangar did come to Frank Carson’s office with a list of questions and for some reason three officers returned, not including Deputy Barrangar, about 49 minutes later and of course he had asked if they had a warrant. He then called 911. Percy Martinez stated that their intent was to invoke a response from Frank Carson.

Mme. DA stated DA investigators have a right to investigate a homicide and a right to be there during that investigation.

That’s probably partly true but remember they have no right to be in your house if you don’t want him to be there without a warrant regardless of the situation.

The judge stated this has been argued several times in different ways but her previous ruling still stand and she will weigh it separately as to obstruction, her previous rulings stand.

At that time, we were at the end of the day and court was taken into recess to be returned tomorrow the 23rd at 9:30 AM.

Hampton

As a side note, it was brought to my attention that Patrick Hampton has some choice things to say about the blogger in the back of the room and as soon as his letter, which has been submitted as evidence, gets to the clerk’s office, I will retain a copy to post on the site. Apparently, he wasn’t too friendly towards me but he is still a whiny little bitch, who does not want to live up to his own actions and is now trying to get out of the state prison sentence.

BTW my challenge to Patrick Hampton is still on the table. click here to see

FRANK CARSON UPDATE…….

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As a reminder, tomorrow, February 21, 2017 a Tuesday we will be back in court on the Frank Carson preliminary hearing.

As it stands right now, court is scheduled to start at 13:30 hrs. tomorrow not 9:30 or 10 AM.

Tomorrow there are a couple of motions that will be heard, and there’s no telling how long they may take, but right now it is tentatively scheduled for two days.

Also, final arguments are to be made on March 7, 2017 and expected to last about a week. The judge did say during the last court hearing last January 3rd that she may possibly may be able to make a ruling with regards to some of the defendants on March 10, 2017.

I will make updates with information that becomes available as we go along.

Dawg

FRANK CARSON et al 2-7-2017 (Tom)

HEADING INTO THE BACK STRETCH


DEFENSE WANTS JUDGE TO MAKE RULING

ON HOLDING ORDER

FRANK CARSON CASE 02/07/2017

BY WILLIAM THOMAS JENSEN (TOM)

We resumed this never ending preliminary hearing this morning after a rather lengthy break of over one month. This was made necessary because the prosecution keeps turning over evidence (Discovery) to the defense despite being warned repeatedly by the judge to turn everything over immediately. This has angered Judge Zuniga so severely, that she has promised to impose sanctions against the prosecution. Judge Zuniga stated in the courtroom today that she will not impose these sanctions until the preliminary hearing has reached its conclusion. It is my hope that the sanctions will be severe, and will prevent this type of prosecutorial misconduct from ever happening again in Stanislaus County. Judge Zuniga was approximately 30 minutes late to the courtroom this morning. Nothing ever starts off on time with this preliminary hearing, and everything takes much longer to get done than expected. It’s a new record every day, and we finally are talking about the timing of closing arguments. Everyone, except the prosecution, wants this thing to be done a year ago. It should have been, but we are basically in the punishment stage already. By dragging out this preliminary hearing for 16 months, the prosecution has financially ruined the eight defendants. I am sure that was their plan all along.

We start out the morning session at 10:45AM with Judge Zuniga asking Marlisa Ferreira questions concerning two updates that Marlisa provided the judge during our month-long break. These updates were concerning new Discovery being turned over, and were provided on 01/27/2017 and 02/03/2017. Marlisa Ferreira looked absolutely terrible today in the courtroom. It appeared to me that she had not slept in days. She has aged ten years in the month that we have been on the break. Kirk Bunch had that look of someone on the verge of an emotional breakdown. He had a strange jumpiness about him today that I have not seen from him before.

Marlisa now takes nearly the entire morning session going over the huge amount of new Discovery that she has turned over to the defense. This new Discovery included audio recordings of a man named Jesse Stevens, and a man named Joseph Reyna, and a video recording of Patrick Emery. Marlisa states that the prosecution just finished their audit of Discovery this very morning. From the way that Marlisa looked, she did not go to bed last night, and neither did Kirk Bunch.

Marlisa states that she is turning over a two page report from Detective Tim Redd from 12/05/2013 concerning a search warrant that was served on Robert Woody’s house. Martha Carlton-Magana now states that the defense attorneys have just received new Discovery last night from the prosecution.

Marlisa Ferreira speaks about turning over new Discovery that included many phone calls to Walter Wells while he was in jail, as well as many jail house calls from Baljit Athwal and Daljit Atwal. These phone calls were all from 2015. There was new Discovery concerning a man named Rick Kuchan from Valley Towing. This concerned the white pickup truck that was owned by Bobby Tickner. Kirk Bunch was involved with this new Discovery. There was new Discovery concerning Scott McFarlane from 09/07/2015 that concerned an interview that was done. Marlisa speaks about new Discovery concerning attempts to find the game cams at the Ceres Police Department and Officer Carlos Quiros. There was new Discovery concerning the search of Detective Derek Perry’s hard drive on his laptop computer.

Marlisa now states that the clothing that was sent out for analysis is now ready for Hans Hjertonsson to use for his expert to analyze. Hans states that he does not want to send the clothing out for analysis until he gets the reports and bench notes from Marlisa concerning the results of the prosecution’s analysis of the clothing. Hans requests a compliance date from Marlisa on providing these reports and notes. Marlisa states that she still wants to send the clothing out for further analysis. Jesus, they have had this clothing for a couple of years, and still have to send it out for further analysis.

Defense attorney Martha Carlton-Magana now states that she is going to file a declaration soon. She states that the DA is trying the snowball technique. She states that all of the new Discovery is purely exculpatory in nature, and that she has been denied the opportunity to use it effectively in her defense. Martha states that the time to use it effectively has passed, and that she and her client have been denied Due Process by the prosecution. Martha states that she wants this preliminary hearing to end, and that she wants the court to rule now. Martha: “Let’s get this preliminary hearing done.”

Judge Zuniga: “It will be your decision to put witnesses on or to proceed to a decision on the holding order.”

Defense attorney Robert Forkner states that the only thing he might re-open for concerns a 03/03/2014 interview of Robert Woody that was just turned over by the prosecution.

Defense attorney Percy Martinez also speaks about the 03/03/2014 Robert Woody interview, and states that he wants to come back to the courtroom on 02/14/2017 at 11AM to go through motions and the Ramey Warrant.

Defense attorney Jesse Garcia states that he is prepared to go forward to a ruling in this preliminary hearing.

Defense attorney Timothy Rien states that he is deferring to the court’s judgement on a holding order.

Defense attorney Hans Hjertonsson states that it is not his intention to re-open. Hans states that: “The ship has already sailed.” Hans states that if the prosecution will stipulate to entering the 03/03/2014 Woody interview into evidence, he is ready to proceed to a ruling on the holding order. Hans states that the new Discovery has come in too late, and that his client has been prejudiced.

Defense attorney Martha Carlton-Magana states that she wants the judge to rule now. Martha states that much of the new Discovery does not list what date that the reports were done on. It appears that many of the reports were just written on things that happened years ago. Once again, I must note that Marlisa Ferreira looks simply terrible. The stress seems to really be taking its toll on her.

Defense attorney Robert Forkner states that: “I want you to rule on the holding order now.”

Judge Zuniga: “Folks, be careful what you ask for.” It is so hard to read this judge. I just don’t know how to interpret what she just said. Is she really willing to hold anyone over for trial based on this crap evidence? Only The Shadow Knows……………

Robert Forkner states that he wants to come back on February 21st to start doing the motions.

Defense attorney Percy Martinez states that he would like to come back on February 27th to argue the holding order, as long as the prosecution will stipulate to entering the 03/03/2014 Robert Woody interview into evidence.

Judge Zuniga states that she is in the process of reading everything, and that she has finished Robert Woody’s testimony. She states that she wants the 03/03/2014 Woody interview soon so that she can go over it. She gives Marlisa Ferreira until Noontime on February the 10th to decide if she will stipulate to it coming into evidence. She states that if Marlisa does not stipulate to it coming into evidence, that Robert Woody will be compelled to come back to the stand on February the 21st.

Defense attorney Hans Hjertonsson states that he wants to do arguments on the holding order to be done on March 7th instead of 02/27/2017. Everyone now goes into Judge Zuniga’s chambers for an In Camera meeting.

Defense attorney Robert Forkner announces that he is filing an Obstruction of Justice motion.

Judge Zuniga announces that arguments on the holding order will commence on March 7th at 9:30AM. Marlisa Ferreira states that she will need 1 to 1.5 days to complete her closing arguments. Defense attorney Robert Forkner states that he will need 1 to 1.5 hours to complete his closing arguments. Defense attorney Jesse Garcia states that he will need 1 hour to do his closing arguments. Defense attorney Percy Martinez states that he will need 1 to 1.5 days to finish his closing arguments. Defense attorney Hans Hjertonsson states that he will need ½ day or less to do his closing arguments. Defense attorney Martha Carlton-Magana states that she will need ½ of a day or less to finish her closing arguments. It is decided that we will be working on Friday the 10th to get the closing arguments done.

Judge Zuniga states that she will probably be able to rule on 2-3 of the defendants on March 10th. I assume this would be concerning Walter Wells, Georgia DeFelippo, and Christina DeFelippo. I think they will all walk on that day. There is simply no evidence to be used against them. Judge Zuniga states that it will take her an additional 2-3 days to rule on the other defendants that are charged with homicides.

Defense attorney Martha Carlton-Magana asks Judge Zuniga when she is going to rule on the sanctions that are going to be given to the prosecution concerning the misconduct of withholding of Discovery. Judge Zuniga states that she is not going to rule on the sanctions until the preliminary hearing has ended. Judge Zuniga: “I want to get this preliminary hearing done.” We are going to start doing arguments on the motions on the 21st of February.

We are now done for the day. We are getting close to the end of this thing. For the life of me, I can’t see any justification to hold anyone over for trial. If anyone is held over, a jury of 12 people will find them innocent. Nothing good is in the works for the prosecution.

Sincerely; William Thomas Jensen