FRANK CARSON UPDATE…….

CLARIFICATION ON SOME MISINFORMATION

4-25-2017


Judge Barbara Zuniga

Just a quick note to clarify some information that was in Tom’s report yesterday, Judge Zuniga is only going to develop the initial questionnaire for the juror panel that is going to be called. Judge Zuniga is not going to do the Vior dire of the jurors. The attorneys will take the answers given by the jurors, then do their own questioning and Vior dire the potential jurors to try to get a fair and impartial panel. Legally I’m not sure the judge can do Vior dire for the attorneys.

I have received several comments and messages from people showing concern about this and I just wanted to give some clarity.


Judge Robert Moody

In addition, judge Robert Moody, of Monterey County, is the judge is going to hear the 995 which is an appeals motion. According to my Google search, judge Moody has a reputation for being a prosecutor’s judge, and in one article I saw he made a statement that defendants do not have a presu’s mption of innocence in this country. Just for info.

Feel free to inquire or add more information.

FRANK CARSON et al…… 4-24-2017 (Tom)

NIGHTMARE PROSECUTION

PART 2

FRANK CARSON CASE

04/24/2016

BY WILLIAM THOMAS JENSEN

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This case needs someone to stick a fork in it, but sadly it has morphed into part 2 of a never-ending nightmare prosecution of the innocent. So many things are changing with respect to this case. I expected today to be an arraignment, but it turned out to be much more than I thought.

Baljit Athwal has retained the services of a new criminal defense lawyer. His name is Jai Gohel, from San Francisco. From what I have heard, he is extremely excellent at what he does for a living. Mr. Gohel is replacing Martha Carlton-Magana, who has represented Baljit Athwal for the last 18 months. I have heard that Jai Gohel took over successfully in the Tello murder trial that was just completed in Stanislaus County.

Walter Wells has been split off from this trial, and his case will be handled separately in another trial. Walter Wells will no longer be using Timothy Rien as his criminal defense lawyer. Judge Zuniga stated that she is going to contact the Public Defender’s Office, and the Conflict Panel, and assured Walter Wells that a lawyer would be found to represent him. It was generally spoken at the courtroom that a conflict lawyer would most likely be assigned to handle Walter Wells’ case. Timothy Rien has done a magnificent job, but he comes at a cost that simply is prohibitive to continue with.

Judge Zuniga states that the trial date for Frank Carson, Baljit Athwal, and Daljit Atwal will begin on 06/19/2017. Judge Zuniga had to start the trial at this time in order to comply with Frank Carson’s request for a continuous speedy trial. The law states that there can only be 60 days between the end of the preliminary hearing and the start of the actual trial. Judge Zuniga states that the start of the trial could be delayed to give Jai Gohel more time to get up to speed on the defense of Baljit Athwal. It was announced that the trial is going to be held in the main courthouse, and not in the larger Bankruptcy Courthouse where we have been housed the last year and a half. It is announced that the lease for the old Bankruptcy Courthouse runs out on June 30, 2017. I don’t think the county can use this building anymore. Things are going to be much more crowded in the main courthouse, and parking is going to be an issue. Using the parking garage will be an added expense for this old fart, but I will make it work one way or another.

Frank Carson, Baljit Athwal, and Daljit Atwal all plead not guilty to everything they have been charged with.

It is announced that CHP Officers Scott McFarlane and Eduardo Quintanar will be in the courtroom this Thursday at 9:30AM. I am not sure what is going to be done at this time.

A motion that has been filed by the defense attorneys to dismiss the charges due to prosecutorial misconduct is going to be heard on May 8th, and 9th. I believe this is the one that was filed by Robert Forkner. Defense attorneys Hans Hjertonsson, and Percy Martinez have joined in this motion.

Another judge, Judge Moody from Contra Costa County, will be conducting a 995 hearing on June 5th, 2017 in the old Bankruptcy Court. I found out that a 995 hearing is where the defense lawyers ask another judge to rule if there was actually enough evidence to hold the defendants over for an actual trial. I certainly do not see any evidence that should have held Walter Wells over for anything.

Frank Carson has written a motion to recuse Martin Baker, and Bruce Perry from representing Robert Woody due to misconduct on their part. This is going to be heard on May 15th and 16th, 2017.

There is going to be a courtroom session on May 01, 2017 to determine which motions are still outstanding in this case.

Judge Zuniga states that she is going to use the standard jury questionnaire form from Contra Costa County for the jury selection process. Judge Zuniga announces that she is going to be the person who asks the questions to the prospective jurors, and not the lawyers like we usually do in Stanislaus County.

Frank Carson has written another motion to vacate the plea bargain that was made with Robert Woody. Judge Zuniga states that Frank Carson, or the defense has no standing to ask for the plea bargain to be vacated. Bruce Perry states that he agrees that the defense has no standing to ask for this motion. Defense attorney Percy Martinez states that the plea bargain asks the court to “Look the other way.” This motion will obviously go nowhere, but will be heard on May 01. 2017.

Even though I heard Frank Carson plead not guilty, defense attorney Percy Martinez asks to Demure on the issue. I am not quite sure what this means. There is an objection to this Demure by Marlisa Ferreira.

It is announced that Robert Forkner will be acting as co-council with Percy Martinez in the defense of Frank Carson. I think this is a very good move.

We are now done for the day. I am not sure how many of the motion sessions I am going to attend. I think I will certainly be there on May 1st. This is going to be another marathon I fear. May the Force be with us.

Sincerely; William Thomas Jensen (Tom)

WARREN YATES COMMENTARY…….

TIME FOR THE DA TO “TAP OUT”

April 10, 2017, a day which will live in infamy in Stanislaus County judicial history. That is the day that Judge Zuniga made her ruling in the preliminary hearing. It was a day of surprises, disappointments and premonitions.

The morning started off with a warning from the judge for the gallery not to react when hearing the results of her decision. The gallery was full with 95% of the gallery in support of the innocent Carson 8. Those warning words did not bode well for the Carson 8 faithful.

The judge first dealt with Georgia Carson and Frank Carson’s stepdaughter Christina De Flippo who were dragged into the fray by overly zealous DA fladager whose sole intention was to disrupt the lives of innocent people in her attempt to subvert justice and cause as much misery, stress and financial loss as her wretched hands could squeeze out of them.

It is a terrible affront to taxpaying citizens and innocent persons to waste hard earned citizen’s taxes to try to destroy a person that is far more intellectually, professionally and knowledgeably gifted than herself. DA fladager brings shame and disrespect title of District Attorney. She has the attitude to destroy and damage anyone or anything that gets in the way of her getting on that pedestal that she hopes people will look up to. Not in this lifetime birgit!



She forgets history. Dictator Saddam Hussain had a huge statue of himself erected there in Baghdad. When the people of Iraq became tired of his egregious and dictatorial conduct, and with the help of others overthrew that dictator, they toppled his statue and hammered it into pieces. DA fladager will soon have to realize history will be repeating itself here in Stanislaus County very soon
.

Right before the judge came to the bench, a parade of “investigators “came marching from the lobby down the aisle and inside the barrier that separates the gallery from the bench area. Why they were there is anybody’s guess. They should have been out working to solve crimes or to conjure up more false evidence to try to convict innocent persons. Another waste of taxpayer dollars. The only reason they could have been there is to gloat if any of the innocent Carson 8 were held to answer.


The whole shitamarie were there. Jon “don’t mention domestic violence around me cuz I got away with it “Evers, nummy rhymes with you know what Navarro, “Piltdown Man” Brody, “Lurch” Fingerfelt and of course don’t forget the leader of the rat pack, Capt. Crunch Bunch.
I did not see “Jake from State Farm “Jacobson there. He must have been back in the DA’s office writing up another phony search warrant so that he and Capt. Crunch Bunch could go into a law-abiding citizens business and wave their guns around threatening people while looking for documents. Check out the terror attack on the office of AJ Pontillo.

Oh and we can’t forget the judges favorite bailiff, Timothy Luke Schwartz. Old Timothy is the center of and preparing to fight his own battle in federal court in Fresno for viciously assaulting an innocent citizen, Gene Forte in Patterson California. The whole incident was recorded on video and shows Timothy knocking a proned out face down citizen in the back of his head with his elbow pushing the innocent citizens face into the pavement. I will be keeping everyone advised as to the progress of that case as it continues. You can go to badgerflats.com to see what the system does to people fighting corruption in the government.

Prior to continuing my commentary, I feel it necessary once again to post my disclaimer so here it is:

“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, ethical and unbiased law enforcement in our country, state, county and city where dedicated men and women who put their lives on the line 24 hours a day to protect us. The three keywords in my commentary are “legitimate”, “ethical” and “unbiased”. This description covers 98% of our law enforcement personnel in the United States”.

Those three qualities do not exist in the case of the Carson 8. This case is rife with liars including both current and pending felony dirtbags and law enforcement officers. Mishandled and tampered with evidence, blatant Brady violations, promises made to dirtbags for help in their case if they will testify a certain way in the Carson case, paying a glorified cell phone salesman over $350,000 for alleged expert testimony which was completely disintegrated by the defense attorneys.

A deputy district attorney (ferreira) who tells the court that no deals were made to any of her criminal witnesses for help in their cases for their testimony. Then Deputy Public Defender Ben Rosenstein comes in and testifies that on the contrary, deals were made for two of the criminal witnesses he represents. That makes ferreira a big fat lying deputy DA. No surprises here folks! And no sanctions either. What’s up with that. Read further and you may be enlightened.

This is a shameful, unethical and sick personal vendetta against Frank Carson, et al, by a DA with the prowess of Algonquin J. Calhoun (Google him) whose motto is “If you can’t beat him, book him”. If you don’t have Google, Calhoun “is best known as the shyster lawyer Algonquin J. Calhoun in the Amos ‘N’ Andy Show”. I certainly hope that the Amos and Andy show will not sue me for defamation of character by comparing fladager to attorney Calhoun who actually had some measure of legal prowess that fladager does not possess. But I do believe they went to the same law school.


For the record at this point, DA fladager has never once shown her charming face inside of this preliminary hearing. She has preferred to throw Ferreira under the bus!!!!!!!

While the judge was delivering her verdicts, I noticed Piltdown Man Brody who always slouches down in his seat, looking around with just his head showing looking like an imbecilic bobble head going back and forth and up and down. Kind of creepy looking. And why is a state employee here today anyway? He doesn’t realize how really entertaining it is to watch him.

Because I am a “go for the throat” kind of guy, even though that would be hard to imagine from my commentaries, I am not going to go into elaborate detail regarding all that was said in the hearing. You can read detailed reports of the hearing at DAWGONNIT.COM. I will be taking bits and pieces of Marty and Tom’s commentaries with their permission to comment on. Please remember that my unbiased fair and balanced comments are my own and do not necessarily reflect the ideology of those who print them or read them. So here goes…

All comments used from other sources will be italicized and underlined to delineate them from my comments.

Judge Zuniga now goes into her rulings. Things go well for Georgia DeFelippo and Christina DeFelippo. She finds no evidence at all for a homicide with Georgia DeFelippo. She finds no evidence for obstruction of justice for Georgia DeFelippo or Christina DeFelippo. She sees nothing that would indicate that either of them were involved with a conspiracy to obstruct justice. She states that there is no evidence to show that Christina was an accessory, or knew anything about a felony being committed. Marlisa Ferreira spouts out that she had argued for accessory for Georgia DeFelippo, and Judge Zuniga states that there is no evidence that shows that Georgia knew a felony had been committed.

The judge summarily dismissed the charges against Georgia Carson and Christina DeFilippo and exonerated their bail. Charges which should have never been brought in the first place but the demented DA tried to snare as many people as she thought she could into her vindictive web of deception. As the plethora of civil suits commence for this malicious prosecution, that will be the death knoll for this DA. Perhaps she could move to Podunk County, Kentucky, run for DA taking her investigator minions with her to persecute the moonshiners. She would have to be careful because moonshiners have been known to pick off them “revennewers”.

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The judge admitted having a hard time ruling on Walter Wells, and stated that she had spent the most time looking at his situation. I noticed on the bench she was still having that conflict of her ruling. She had stopped and paused several times and she was referring to Walter Wells and deciding what she was going to do as she was still not sure.

If somebody is that conflicted in a ruling of this magnitude, there is something fundamentally wrong with what they are doing. That indicates to me that it probably did not rise to the level of probable cause, but the judge ruled that she be held anyway. MC.

We now go into Walter Wells. Judge Zuniga states that she struggled with this ruling. She starts out by stating that Marlisa Ferreira has taken homicide off the charges for Walter Wells. Judge Zuniga now starts speaking about obstruction of justice, and overt act #12. She states that there is no evidence of this. She now goes into the phone records, and states that the phone records are troubling for both the defense and the prosecution Based on the phone records, Judge Zuniga found enough evidence to hold Walter Wells over for count 2 of obstruction of justice. Marlisa Ferreira reminds the judge that she had asked for a charge of accessory, and Judge Zuniga states that there is sufficient evidence to hold Walter Wells over for a charge of accessory. Judge Zuniga states that there is insufficient evidence to hold Walter Wells over for a charge of murder. TJ.

The judge held Walter Wells to answer for obstruction of justice based on the fact that his cell phone pinged in the same area as Kory Kaufman’s cell phone after he disappeared. Of course, that means that thousands of other people’s cell phones pinged in the same area as Kory Kaufman’s cell phone and they are potential suspects. Could you be one of them? With fladager’s vindictive nature of throwing bull crap against the wall to see what sticks, you may be next.

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More shoddy and discredited by defense attorneys information provided by slick cell phone salesman jungle jim cook and his monkey boy son Cheeta who was also sitting in court sucking up the taxpayer dollars so that he and dad could go on that world cruise at the expense of the gullible taxpayers in Stanislaus County. Gullible because the taxpayers have not made demands to the board of supervisors to remove fladager from office before her malicious nature costs Stanislaus County tens of millions of dollars in lawsuits. She is a definite financial liability for Stanislaus County.

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Now we get to Frank Carson. Judge Zuniga states that the evidence shows that Frank Carson set this whole process into motion. She rules that Frank Carson, Baljit Athwal, and Daljit Atwal have to be held over for murder, and obstruction of justice. Judge Zuniga states that there is insufficient evidence to prove the special circumstance of lying in wait. She states that this would require a specific intent to kill, and that there is no evidence to show that Baljit Athwal intended to kill Korey Kauffman. She states that there is no evidence to show that a gun or a knife was present. TJ.

Of course there were no special circumstances. There were no other circumstances either. This whole case is based on believing that a drug addicted scumbag lowlife would even know the truth if it kicked him in the rectum. Obviously he would not since this is where his head is located. Woody was so afraid of being charged with murder and the death penalty that he would say anything that the prosecutor wants him to just save his rectum. That is as clean as I can make it folks.

This led to some conversation about the defendants being released on December 22, and I remember at the time the judge stated that she was releasing them to “save the integrity of the process.” But on Monday the judge made it very interesting, it’s on the record, that she had released those defendants from custody to save the District Attorney’s Office from losing this case.

Thinking about that comment, and it is resonating with me for some time, I am aghast that a Superior Court judge, who has been on the bench for a long period of time, would think that she has the responsibility of saving the district attorney’s case for them. I personally do not feel that is her job. Her job is to be an unbiased arbitrator of the facts of the case, and that thought process is in part why this preliminary hearing took 18 months to complete.

Judge Zuniga, A former prosecuter, bent over backwards for this District Attorney’s Office in this case repeatedly, even at times helping Marlisa Ferreira with her questioning of witnesses, and the proper way to ask a question. MC.

…Judge Zuniga states that she let the defendants out on their own recognizance to save the prosecution from having the case tossed out due to all the late discovery. Judge Zuniga states that the special circumstances of lying in wait have been tossed out. Judge Zuniga now states that she is not going to set bail for the defendants, and put them back into custody. TJ.

This statement by the judge about saving the DAs case on the surface appears to prejudice the defendants. It would seem evident to even the most uninformed observer that that statement means that instead of following the law and throwing out the DAs phony case on the first occasion of the DA failing to provide discovery in a timely manner, the judge stopped being an unbiased and neutral tribunal and aided and abetted the persecution in continuing this farcical and egregious miscarriage of justice to continue.

To the readers of my commentaries, I am not an attorney, but I did sleep at a Holiday Inn Express last night. Now you might have to go back a ways to remember that commercial. And I am not an attorney but I feel that a terrible judicial error was made when the judge failed to throw this thing out. It almost takes on the appearance of that old saying, “Give em a fair trial and hang em”. We know that the judge was a former prosecutor and apparently once that mentality gets in your blood it’s hard to get it out. A person should know their role and stick to it.

Judge Zuniga now takes up the perjury charge against Frank Carson. This involves a Form 700 that had some financial information that was missing on it. Frank had filled this form out when he ran for DA. She states that Frank Carson had filed an amended Form 700, but that she sees this amended form as not being done in good faith. TJ.

Ms. Ferreira, this count is so misjoined. You can’t do anything about it now, but it really is. It’s misjoined. It’s got nothing to do with the homicide. There isn’t — the evidence that is used for the homicide is not going to be also used to prove this count. It is really misjoined.

The additional charge that Frank Carson was held to answer on was a perjury charge that had to do with an IRS matter completely separate and unrelated to this case. The judge tells Ferreira on numerous occasions that the charge is misjoined several times to make her point.

Legal Definition of misjoinder: an incorrect joinder of claims or parties in a legal action; also : an impermissible joinder of criminal charges or defendants. (Emphasis mine) The DA rat pack knew exactly what they were doing when they dredged up this charge which had nothing to do with the case. The DA rat pack is scratching, digging and grasping at any straw they can to try to get people held to answer. It appears that when the DA uses lowlife dirtbags as their All-Star witnesses, they take on the same persona as the trash they deal with. It’s called the Stockholm Syndrome.

Definition of Stockholm Syndrome: the psychological tendency of a hostage to bond with, identify with, or sympathize with his or her captor. In this case, instead of a hostage, it is the constant close association of scuzball dirt bag prevaricating witnesses that the prosecution takes on the persona of. Just saying…

In case some of you started reading this in the middle, I feel it necessary to again host my disclaimer lest you think I am anti law and order which I am not:

“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, ethical and unbiased law enforcement in our country, state, county and city where dedicated men and women who put their lives on the line 24 hours a day to protect us. The three keywords in my commentary are “legitimate”, “ethical” and “unbiased”. This description covers 98% of our law enforcement personnel in the United States”.

HOPE YOU ALL AREN’T GETTING BORED. I’M JUST GETTING WARMED UP!!!

It seems as though we are at the end, but Marlisa Ferreira spouts out that she wants the judge to remand the defendants to custody. TJ.

Ferreira says “Judge, I’d like to address the custodial status of defendants Baljit and Daljit –

Judge says: Ms. Ferreira, my releasing the defendants who have been charged with homicide and special circ., if you look at the law, that’s not allowed. And releasing them on their OR –the action I took was to save this case — and it’s in the record — from a dismissal by a reviewing court because of your office’s failure to supply discovery, because I knew you were going to be asking me this. I am not going to set bail on them, but you can make your record.

Ferreira now ranting and saying judge by virtue of the fact that the Court has issued holding orders now on murder, it’s our position that, in fact, the defendants should be remanded and that the Court should post bail on the charges as they’re set.

The judge retorts I set bail; I don’t post it.

Ferreira says set bail. Excuse me. COME ON FERRIERA “TAP OUT”!!!!

So now we have this champion caliber DA who is confused about who sets bail and who posts bail. Could it be that Ferreira may be looking ahead and considering how much her bail will be and who will post it. Just saying…

So the judge then refuses to remand the defendants and require them to post bail stating that they are already on OR and know all the parameters of being on OR. We need a new supply of crying towels for the Dist. Atty. side of the courtroom.

Now, Ferreira begins sniveling again stating we would ask, then, at this time that the continued release on OR, given the Court’s holding order, that the Court impose GPS trackers on the remaining defendants who are held on murder due to the fact that, when you released them on their OR, you made a specific order, and that was that they would not communicate or contact each other.

The judge responds I am not going to have them have GPS. COME ON FERRIERA “TAP OUT”!!!!

The judge’s parting words to Ferrera, which should dishearten the Ferrera fan base were “You know, Ms. Ferreira, there are so many problems in this case. You have lots of problems in this case”. COME ON FERRIERA “TAP OUT”!!!!


Court reconvenes on April 24, 2017 at 9:30 AM for the arraignments of the defendants held to answer. DA fladager can cut to the chase and just dismiss the charges on all of the defendants on April 24th. But she will hold out to the bitter end like General George Custer which also proved futile. 0h, by the way, did you know that Custer wore Arrow shirts!

Well now that the Carson case is on hold until next Monday, I noticed an interesting article in the Bee on April 14, 2017. It read: “District Attorney Birgit Fladager will have competition in 2018 election”. YA THINK? This latest declared candidate is just the first one. How many more will declare is anybody’s guess.


This young attorney compared to fladager, Patrick Kolasinski looks like a clean-cut young attorney. There is no question that any attorney, including Algonquin J Calhoun would make a far superior DA then fladager. Remember old Algonquin?

I am going to take a few quotes out of the Bee article and designate them with italics and underlining so that I have not accused of plagiarizing the Bee.

“I have been watching the management side fall apart and watching prosecutors resign in frustration,” Kolasinski said Thursday.

Truer words were never spoken Patrick!!!!!!! fladager can be compared to Humpty Dumpty and his fall. And no kings horses or no kings men will ever put her back together again either. She has been sitting in that penthouse at the top of the DA’s office for far too long. Well we all know that she has never been sitting in Department 26 during the Carson 8 preliminary hearing. Lack of intestinal fortitude or as we commoners call it “Guts”. But we already knew that.

Fladager, who’s had a contentious third term as district attorney, said she will “absolutely” ask Stanislaus County voters for a fourth term next year.

Really birgit, really????????????????? You have to be bullpooping us. When is the last time you ever read something positive about you in the Bee and I have certainly never seen any positive comments about you in the comments section of the Bee. There is dumb and dumber which usually refers to two people. But in this case they both refer to one person. YOU!!!! Maybe you will come to your nonsenses and decide not to run. Maybe a better term would be 15 to 20 if you get my drift! COME ON FLADAGER “TAP OUT”!!!!

“I very much enjoy the job,” Fladager said. “We have a great office. We have been able to make tremendous strides in bringing the office into the modern age.”

  • Stand far enough back people, the bullpoop is flying. Don’t get it on you because the stink stays there. She very much enjoys the job. It is such a pleasant change from her prior job of tearing the wings off of butterflies. Don’t know if she could decide which job she enjoys the most. Her most recent job has been to try to prosecute innocent people that attorney Frank Carson defended in which the juries either acquitted the defendants or there was a hung jury. Then her job became spewing hatred and vindictiveness against a defense attorney she cannot beat in court. COME ON FLADAGER “TAP OUT”!!!!
  • We have a great office. Really, birgit, really???????????? Well when delusional people keep saying the same things over and over to themselves, kind of like insanity, they begin to believe it. If a great office is where the employees are afraid for their jobs if they happen to disagree with the boss on something, the office is only great for the boss. COME ON FLADAGER “TAP OUT”!!!!
  • Brought the office into the modern age? Really, birgit, really???????????? The only thing modern about the office is your sixth floor private penthouse. From there you can look down on the masses as if you were a drone. Delusional, delusional, delusional!! COME ON FLADAGER “TAP OUT”!!!!

“There is no accounting of the staff time spent on court cases and the total cost of cases”, Kolasinski said. The challenger proposes to track the time of district attorney employees, including investigators and prosecutors, at least to provide cost accounting for certain types of prosecutions.

Patrick, Patrick! We have been trying for over a year and a half to make the District Attorney’s Office account for and show all of the expenditures into how much money has been wasted in the Carson 8 prosecution and several others such as AJ Pontillo’s case and Mayor Carmen Sabatino’s case. The District Attorney’s Office refuses to provide the information and says there is no way that they can actually give a breakdown of all of the expenses of these prosecutions. Obviously another ton of FLADAGER’S BULLPOOP!

An administrator who is honest, forthright and not afraid of the answers of such an investigation would have no problem having an audit done. That type of administrator is not present in the District Attorney’s Office. Another reason to give birgit and many of her minions of swift boot in the derriere and send them on their way somewhere else. Possibly in a sheep shearing factory where they can pull the wool over somebody else’s eyes. COME ON FLADAGER “TAP OUT”!!!!

According to his website, better accounting would offer a clearer picture of how to allocate the office’s limited resources to protect the community.

Patrick, Patrick! Truer words were never spoken. Under fladager’s tenure, accountability is like a four letter word. Not allowed to be spoken in the office and employees are not allowed to even have that thought in their head with this administration. Only problem with sticking your head in the sand is that another part of your anatomy is showing. That ain’t pleasant.

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In December, the judge in the Korey Kauffman murder case lambasted the DA’s office for serious shortcomings in sharing evidence in the discovery process, creating an opening for anyone who runs against Fladager next year. Judge Barbara Zuniga said she had never seen a district attorney’s office make so many mistakes in discovery.

The judge has never seen a District Attorney’s Office make so many mistakes in discovery. Well Your Honor, you have never presided over any other cases in Stanislaus County or you would know that refusing to provide discovery in a timely manner is a favorite attribute of fladager’s way of doing business. There have been many. Here is just the latest one:

April 12, 2017 – Mesiti, 49, has been in jail since June 2011 and chose to act as his own attorney in October 2015. Prosecutors are seeking the death penalty against Mesiti.

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

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

Read more here: http://www.modbee.com/news/local/crime/article144225714.html#storylink=cpy

So now Judge Zuniga get this! Mesiti, 49, has been in jail since June 2011 and now almost 7 years later, Mr. Mesiti is getting some more discovery from the District Attorney’s Office. Would anyone care to bet whether or not Capt. Crunch Bunch has his fingerprints on this case? Your Honor, this is just business as usual in fladager’s house. So if you are going to try any more criminal cases here in Stanislaus County, GET USED TO IT!!!!!!!!!!!!!!!!!! COME ON FLADAGER “TAP OUT”!!!!

Kolasinski said “it’s unacceptable the office lacks a system for tracking the volumes of evidence gathered in criminal investigations”.

Patrick, Patrick! You catch on fast and I think that says it all!

Fladager disagreed, saying, “He does not know much about our office.” She said the DA’s office has been converting to a paperless system and has been providing discovery to defense attorneys electronically.

Disagreed? Really birgit, really????????????????? Who woulda thunk that you would ever disagree with someone pointing out egregious flaws in the way you administer your office. Providing discovery electronically? Really birgit, really????????????????? Well maybe you better make sure that your server is working properly. Maybe the photos that had not been provided to Mr.Mesiti for almost 7 years were in an investigators garage or sitting along with the missing game camera from the Frank Carson case. Accountability at the DA’s office, fa gedda bout it.

The district attorney was challenged by Frank Carson, a leading defense attorney who’s a defendant in the Kauffman case, in a bitterly contested campaign in 2014. Carson assailed the incumbent for approving what he claimed were excessive wiretaps for criminal investigations.


Ah yes. Wiretaps! The favorite toy of fladager and some and only some, of her radically overzealous get anybody that disagrees with us concrete cowboys. And we know who you cowboys are. When fladager’s excessive and vindictive use of wiretaps was exposed, I don’t remember the full numbers, but I believe fladager and her cowboys had something like fourteen wiretaps and other very large real District Attorney’s Offices had three or four. Again I don’t remember the exact numbers but they are out there. Did someone mention Gestapo or KGB around here?

Fladager oversees an office with an $18.7 million budget last year and 120 employees. She acknowledged there has been turnover among prosecutors but said that is common for district attorney offices.

An $18.7 million budget. Really birgit, really????????????????? And how many millions of dollars in last year’s budget and years before that were urinated away with malicious prosecutions which resulted in acquittals or hung juries. Mostly acquittals! But when you are tucked away in your sixth floor penthouse you are far removed from the huddled masses with our pitchforks and torches. But remember, even the Frankenstein monster was eventually destroyed.

Turnover is common for District Attorney’s Offices. Really birgit, really????????????????? If you were to compare the per capita turnover rates in other District Attorney’s Offices, I’m sure that they Stanislaus County district attorney’s office would take the cake. However with birgit’s Marie Antoinette attitude, “Let them eat cake”, it is just business as usual.

“We have been through a tremendous economic hardship as a result of the downturn and county fiscal impacts,” Fladager said. “We have lost folks to larger counties because they pay more.”

Sorry fladager but excuses are like armpits. We all have at least two when they all stink. You forgot to use as an excuse that many leave your office because of your Stalinistic method of keeping your employees in line. It’s my way or the highway fladager. We don’t need experienced deputy district attorneys in Stanislaus County, just bring them in directly out of law school and indoctrinate them. We can stamp them out like gingerbread cookies.

“I am looking forward to running for a fourth term,” Fladager said. “I will address any issues as they arise and look forward to being elected for a fourth term and serving the citizens of this county.”

What a crock birgit!!!! It’s time to call out the poop police. As was stated before a term of 10 to 20 would be real nice.

I will address any issues as they arise. Really birgit, really????????????????? You have failed miserably to address current issues that are glaringly real. Why would anyone believe that you would all of a sudden hold yourself accountable?

A person cannot change who they are (their character), no matter how hard they try. This idiom comes from the Old Testament.

Jeremiah 13: 23 Can the Ethiopian change the color of his skin? or a leopard take away his spots? Nor can you who are so used to doing evil now start being good.

24 Because you have put me out of your mind and put your trust in false gods, I will scatter you as chaff is scattered by the fierce winds off the desert.

25 This then is your allotment, that which is due you, which I have measured out especially for you.

26 I myself will expose you to utter shame.

COME ON FLADAGER “TAP OUT”!!!!

THE END FOR NOW!!!!

FRANK CARSON UPDATE & COMMENTARY (Marty)


What is a California Preliminary Hearing?

A preliminary hearing is one of the earliest stages in California’s pretrial criminal court process. It is a special proceeding, held before a judge or magistrate, to determine if there is enough evidence to “hold you to answer” for a trial as to the charges. The prosecutor presents live witnesses and evidence, subject to cross-examination by the defense.

The judge usually schedules this hearing at your California arraignment after you enter a “not guilty” plea. Unless you waive your right to a timely preliminary examination, or the court finds good cause to continue the proceeding, the prelim must take place within ten court days of the arraignment or plea, whichever is later.

During the prelim, which, on average lasts somewhere between 30 minutes to several hours, the judge must answer two questions:

  1. is there enough probable cause to believe that a crime was committed, and
  2. if so, is there enough probable cause to believe that the defendant is the person who committed that crime?


The prosecutor’s burden of proof

The burden of proof at a preliminary hearing is much less than that of a California criminal jury trial. In order to convict you at the conclusion of a jury trial, the prosecutor must prove to a moral certainty; that is, beyond a reasonable doubt, that you are guilty of the offense(s) as charged.

However, the burden of proof in a California preliminary hearing is only probable cause. “Probable cause” is “a state of facts as would lean a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a crime.”

As Oakland criminal defense attorney Jim Hammer explains, “In order to meet this burden, the prosecutor must establish probable cause for each element of each crime. An ‘element of the crime’ is a fact that must be established before the prosecutor can prove that the offense was committed.”

Your Rights

The right to discovery, which includes all evidence relevant to guilt or innocence; (however, there is no statutory right to obtain or produce discovery before the preliminary hearing unless the hearing is more than 15 days after either party has made a formal discovery request.


The Universal Declaration of Human Rights

UDHR is a declaration adopted by the United Nations General Assembly on 10 December 1948. Article 11, states: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.”.


DAWGS COMMENTARY

In my 18 months of following this case I have seen a lot of evidence that has been presented, and interestingly enough a lot that has not. In this commentary are mostly focused on only the judge’s ruling and mainly the ruling directed at Walter Wells.

As I have said before coming in to follow this case, I did not know anyone involved, I did not know any of the defendants, I did not know any of the people in the gallery except for one person and that one person had asked me to sit in and observe. I got hooked very quickly.

Being former law enforcement, I have a little bit of insight into some of these things that have been going on, in fact I was a bailiff in the courts for six years and got to follow many high-profile cases in the past. That was beginning when they started prop 115 testimony by police officers. In the Frank Carson et al. preliminary hearing is where I saw the problems that come into play with prop 115 testimony.

Knowing full well this is all that the judge has to work with and it is a probable cause hearing, she did state numerous times in her final ruling of what the witnesses testified to. But they did not actually testify but officers testified for them, numerous times officers were not prepared for their testimony, and even the judge noted in her final ruling they had to refer to their notes extensively due to the length of time that had passed. I honestly believed previously if the judge had seen some of these witnesses she may have felt different about the testimony that she referred to. But evaluating her final ruling I do not believe that to be true now.

Other than Beverly Woody, the judge gave credibility to a group of drug abusers, drug dealers, home invaders, embezzlers, all looking for favors as they had pending charges, pending cases, or pending sentencings. The group of people that lived in the Mike Cooley house had admittedly gone online and read the Ramey warrant prior to their testimony and obviously had discussed their testimony with each other, because I’m familiar with those types of people and yes that’s what they do, the judge took their testimony as consistent.


I do not feel that anyone of these defendants should have been held on any charge, but I was not totally surprised at the rulings handed down against Frank Carson and the Atwahl brothers, don’t get me wrong, I do not feel that they should been held to answer in those charges. The judge stated that Robert Woody was credible and consistent in what he said on the stand thus given him an air of believability, even with all the different stories that he has told. Even the judge mentioned that there was no weapon used at the scene because there is a lot of confusion on Robert Woody’s part. But still held them to answer. The believability of the whole turn of events and lack of forensic evidence make this very difficult of even becoming up to the probable cause standard.

But the biggest concern I had was two things:

  1. The judge held Walter Wells as an accessory and obstruction charge, stating that she did have testimony of Walter and Korey Kauffman’s phone in the same sector at the same time. To be honest with you my phone was probably in that same sector at the same time as was probably 100,000 other people. Jim Cook, the cell phone salesman, who had declared himself an expert at reading a billing records, had been effectively cross-examined by Walter Wells attorney where it showed she was relying on faulty information provided by the investigators.

    Jim Cook, did not do a sanitary record search of the cell phones, but did a report on the investigation that he was briefed into which included autopsy reports of Walter Wells dad.

    The judge admitted having a hard time ruling on Walter Wells, and stated that she had spent the most time looking at his situation. I noticed on the bench she was still having that conflict of her ruling. She had stopped and paused several times and she was referring to Walter Wells and deciding what she was going to do as she was still not sure.

    If somebody is that conflicted in a ruling of this magnitude, there is something fundamentally wrong with what they are doing. That indicates to me that it probably did not rise to the level of probable cause, but the judge ruled that she be held anyway.

    Again remember, where it states above the UDHR that gives a presumption of innocence until proven guilty, we seem to have lost that presumption in this case and in the justice system.

  2. In the 18 months that I followed this case I never saw or heard any evidence that Walter Wells had any interaction with Kory Kaufman dead or alive. Robert Woody testified that Walter Wells showed up back at pop and cork but his cell phone records show differently. But even if he did show up at pop and cork, again there is no testimony that he had knowledge or any idea of what it happened with Korey Kauffman and how he would have obtained his cell phone. There was also a large amount of phone calls made to the victim’s cell phone by someone using Eula Keyes’s phone, and Eula Keyes’s phone only called the victim’s phone when it was turned on, it never called when the phone was off.

    To me that raises to a higher level of probable cause that Mike Cooley or Eula Keyes had the phone than Walter Wells.

    Also of note the judge had made a comment that “Frank Carson had started this whole thing,” again apparently giving drug addicts, drug dealers, home invaders, embezzlers, credibility over what is in my mind obviously tainted testimony.

    Mme. district attorney also had referred to Robert Woody as a master manipulator and manipulated all these investigators through all these interviews. That does not speak well of the abilities of those investigators, and to be honest I think these investigators are little smarter than she gives them credit for. After all they have been doing this stuff for a long time, or she didn’t really believe what she said, which would be misrepresentation to the court.

    One last note I wanted to make, and I really thought this was substantial and kind of gave me some insight to this judge. The District Attorney’s Office had asked for the defendants be remanded into custody again, and the judge of course said no, in addition she denied a motion for ankle bracelets.

    This led to some conversation about the defendants being released on December 22, and I remember at the time the judge stated that she was releasing them to “save the integrity of the process.” But on Monday the judge made it very interesting, it’s on the record, that she had released those defendants from custody to save the District Attorney’s Office from losing this case.

    Thinking about that comment, and it is resonating with me for some time, I am aghast that a Superior Court judge, who has been on the bench for a long period of time, would think that she has the responsibility of saving the district attorney’s case for them. I personally do not feel that is her job. Her job is to be an unbiased arbitrator of the facts of the case, and that thought process is in part why this preliminary hearing took 18 months to complete.

    Judge Zuniga, A former prosecuter, bent over backwards for this District Attorney’s Office in this case repeatedly, even at times helping Marlisa Ferreira with her questioning of witnesses, and the proper way to ask a question. It also appears that setting deadlines for discovery is an effort of futility as four-year-old interviews cannot be discovered until everybody has rested their case. There have been no sanctions, there have been continually missed discovery dates, and it’s an ongoing issue throughout the court system at least in Stanislaus County, for some time.

    Defendants have a right to a speedy trial, they have a right to hear the evidence that’s going to be used against them, and they did not appear at least in this case that they were given their due process rights with all the delays, while they were still in custody, and the lack of information that was discovered by the District Attorney’s Office.

    18-month preliminary hearing is uncalled for, most preliminary hearings last an hour or maybe four hours on the outside. O.J. Simpson preliminary hearing in the murder of his wife Nicole took about 10 calendar days.

    So, what does this all mean? There are some people that are making a lot of money off this case, there are numerous police officers making a lot of overtime on this case, some are in court on a daily basis as if they don’t have a real job that they need to go do, namely a polygraph examiner who works for California Department of Corrections and rehabilitation who has been in court daily for the last six months when there’s been no information pertaining to him or polygraphs and discussed, he’s not even there dressed in proper courtroom attire. In addition, he feels that it’s appropriate to glare and trying to intimidate people in the audience especially bloggers.

    As a note, there also has been a brief filed in this case where the District Attorney’s Office stated that the bloggers exercising their First Amendment rights are uncharged co-conspirators in this case because of their activities. Does that mean they accuse Rosalio Ahumada when he’s doing his Modesto bee reports? Of course not he’s one of their puppets.

    Not quite understanding all the rulings this judge made, and yes, I know I don’t know everything, but there is an appearance that possibly someone wanted this to go to trial beyond the probable cause aspect for personal gain. Some of these rulings do not make sense to me and apparently, the judge does not really have a good grasp of the street culture in Turlock, but understands finances very well.

    Okay now all you haters can start it again I’m used to it…….