03/22/2016 – By Tom Jensen –
Today, I realized just how disgusting a person Prosecuting DA Marlissa Fereirra actually is. During my months watching this trial, I have had many moments in which Marlissa has revealed an ugly side. Today she really solidified my opinion that she is in a whole new category of disgusting, all by herself.
At one point today, Defense Attorney Robert Forkner asked Judge Zuniga if the court would provide printed daily transcripts to his client Christina De Filippo. It was brought out that these transcripts are needed badly by her, and they are very expensive for her to obtain. Prosecuting DA Marlissa Fereirra then makes a snide remark in a very sarcastic manner that Ms. De Filippo was able to post bail and should pay for them herself. The WHOLE courtroom let out a collective gasp. The gasp was not just from the audience. One member of the audience seated close to me made a comment about her being a “B…..” and was cautioned by a deputy about using that word in the courtroom. I think the “B” word fits Marlissa Fereirra quite well. I don’t like this lady. For the life of me, I don’t know how many people could like her. She is spending our tax dollars by the millions (estimated to be over 4 million so far) on a circumstantial evidence Preliminary Trial against people whom I firmly believe are innocent. The case is built on the testimony of career criminals, drug addicts, or both. It is being pushed by people who have an axe to grind against Frank Carson. He has been like Kryptonite to the DA during his career. They very rarely can beat him in court. I am sure they will not beat him this time either, even with both his hands literally tied behind his back. Frank sits in his chair passing notes and whispering to his attorney. He should be able to do his own arguments if he desires to do so. Perhaps the powers to be feel that preventing him from defending himself will give them a chance to win this case. I don’t think it will work. So much for my opinion. I will now try to paint another picture for you of what happened during testimony and a very unfortunate accident at lunch.
Court resumes at 10:43 AM with Judge Zuniga talking about some E-mails the defense had requested concerning the Patrick Hampton incident in Oakdale. Marlissa Fereirra states: “I sent it.”
Defense Attorney Timothy Rien then speaks about receiving a 9-page report concerning the Hampton incident, and Defense Attorney Percy Martinez says “Mine is 12 pages.” Timothy Rien directs the courts attention to page 8 where a man named Brian Cagle states that a man is holding 2 hostages. It seems as though the new report obtained contains nothing about hostages being held during the incident.
Prosecuting DA Marlissa Fereirra says that reports will be provided by Friday that will show there was no hostage situation, and no gun.
At this point, Detective Frank Navarro is back in the courtroom, along with his strange smirk.
Defense Attorney Jesse Garcia talks about a “C” file on Ronald Cooper and how a Deputy Attorney General will be here on Friday to try to quash their release.
I note at this time Frank Navarro is sitting in his seat actively chewing on his nails. He seems so calm and confident on the stand. Maybe this is how he handles the stress while waiting to be called up.
At 10:02 AM, Detective Navarro is called up to the stand; he is like the never-ending witness. We are all tired of the same old questions and answers. Prosecuting DA Marlissa Fereirra shows Navarro some evidence (Joint 103) which is called a Stolen Book Alert. Stolen Book Alerts seem to be reports about stolen property that are filled out by law enforcement. Defense Attorney Jesse Garcia immediately objects to this.
At this point, Marlissa Fereirra starts reading from testimony trying to show that this Stolen Book Alert should be allowed to be brought up. Defense Attorney Jesse Garcia provides some transcripts on the issue. Judge Zuniga sustains the objection to the discussion of the Stolen Book Alert. Marlissa Fereirra then states that she is done with redirect on Detective Navarro.
Defense Attorney Jesse Garcia goes on cross examination of Navarro at this time. Jesse Garcia asks Navarro about the 08/09/2012 visit that he, Kirk Bunch, and Detective Jon Evers made to the Law Office of Frank Carson. This visit was made after hours at Carson’s office. Garcia: “Carson asked you to leave?” Navarro: “Yes.” Garcia states that “Carson had difficult experiences with you on other cases.” Jesse Garcia insinuates that the purpose of Navarro wearing a wire during this visit was to capture Frank Carson’s reaction. Detective Navarro testifies that he “Had a cordial relationship with Frank Carson before this visit.” I really do not think this is a truthful statement. It was brought out that the office was closed at the time of their visit, and a man was working in the lobby with a ladder when they came in.
Defense Attorney Percy Martinez moves to strike the entire tape of this visit by the three officers to Carson’s office. He called their visit an illegal contact, with outrageous conduct, and illegal conduct. Percy Martinez states that Frank Carson asked them to leave around 25 times, and they refused to leave. The officers had no search warrant and did not have an arrest warrant when they went to Carson’s office. This left Frank Carson no option but to call 911 and ask for officers to be sent for assistance. They were trespassing on his property, and they would not leave.
Judge Zuniga states that Percy Martinez will have to brief this argument to her in writing. She asks Martinez what legal basis he is using for her to disqualify this tape.
Defense Attorney Robert Forkner then states that Frank Carson was in fact invoking his 5th Amendment Rights when he demanded that they leave his office.
Prosecuting DA Marlissa Fereirra then interrupts Forkner and goes into a tirade over this situation. Judge Zuniga then blurts out: “Stop IT! Let Him Finish.” Forkner then states that Carson was constructively “In Custody” during this incident. It was brought out that it was also a violation of his 4th Amendment Rights.
Prosecuting DA Marlissa Fereirra argues that “They have waived their right to challenge this tape, the court has ruled.” Fereirra: “It would be atypical for a court to do this.” Fereirra: “They can’t make an oral argument to suppress.” Marlissa Fereirra then states that the defense is a “Day late and a dollar short.”
Percy Martinez then states: “We will file a motion by next Tuesday, the 29th. Percy Martinez and Robert Forkner are going to file separate motions on this matter. Marlissa Fereirra will file her response to these motions by the following Tuesday April 5th. A hearing on this matter will be heard on April 15th.
We take a break shortly after 11:00 AM, and Judge Zuniga surprises many of us by announcing that she will get another judge to handle this issue. This must be a real hot potato for her to do so.
At 11:37 AM Percy Martinez continues his cross examination of Detective Navarro. He asks Navarro if Frank Carson had called him a liar, a cheat, and dishonest in another trial. Navarro didn’t seem to remember these details. He doesn’t remember a lot when asked certain questions. There was talk about Navarro playing pool with a defendant the night before court. Percy Martinez brings up a person named Jolene Rojas who accused Navarro of threatening a boy’s family.
Defense Attorney Martha Carlton Magana then takes over cross examination of Detective Navarro. She gets Navarro to talk about a 07/10/2012 interview with Daljit Atwal. She asks Navarro about how he examined a gun that Baljit had been wearing in a holster, and how Daljit had shown him the weapon. He could not say what caliber the gun was chambered in. Martha brings out the fact that it was not illegal for him to be wearing a weapon at the time.
Marlissa Fereirra then goes back on redirect on Navarro. Talk goes to another case for a man named Gary Spray.(sp?) Fereirra: “Did they find any misconduct?” Navarro: “No.” She brings up other cases such as Jorge Mendez and Jaime Rojas, and tried to rehabilitate Navarro.
It is now time for lunch. When I arrived back at the courtroom at 1:30 PM, an ambulance was parked in front of the driveway into the courtroom parking lot. They had a person on the gurney and were putting the person into the ambulance. As I walked up, I was informed that Defense Attorney Jesse Garcia had tripped getting out of his car, and it is quite possible that he has broken his ankle. Jesse is still recovering from shoulder surgery, and I wish him a speedy and complete recovery. I hope that it is only a severe ankle sprain. We will know more about this situation tomorrow morning and will report on it as soon as we know what is going on.
Sincerely; William Thomas Jensen (Tom)