(MPD Detective Jon Evers being paid $172,000 a year by Modesto)
JUNE 22, 2016 – Miracles happen every day. One happened late this afternoon, after more mind numbing testimony from self-proclaimed cell phone expert Jim Cook.
Marlissa Fereirra is still not done with Mr. Cook. At one point she told the judge that she only had 5 more questions to go. I wasn’t holding my breath. She went on and on, with a never ending stream of irrelevant questions, trying to tease every bit of speculation out of the cell phone data she could that would support her theory of what she speculates happened.
The judge seemed to get increasingly irritated with Ms. Fereirra and asked her many times what the relevance was to what she was trying to ask. The judge once again made a comment to Marlissa Fereirra about her belief that: “Thin is in.”
Once again, I must say there is nothing thin about what is happening with Marlissa Fereirra, and the case she has presented for the last 9 months. I think that the more she talks, the better it is for the defense. This lady is her own worst enemy.
I heard I missed Marlissa at her worst in the morning. She has a problem keeping that ugly side of her from coming out. I can understand that. Sometimes, I have to say things that just piss some people off. Oh well. I will now try to give you some detail of what I witnessed this afternoon. This thing is never ending, and I expect this preliminary trial is nowhere near the end that was promised to us by May 20th.
We start out the afternoon session with defense attorney Percy Martinez talking about his request for some pages from Jim Cook’s binder that he keeps with him on the stand.
Percy states that it contains information that he believes is Brady material. Percy states that Jim Cook has used this information to help complete his cell phone data analysis.
Percy requests that Judge Zuniga examine this material, and determine if it should be turned over to the defense. Marlissa goes into one of her typical rants on this subject, and says that the material was prepared for her use only.
Defense attorney Robert Forkner states that Jim Cook would not have this material in his binder if he was not using it for his testimony. It appears that these disputed pages contain phone numbers of many other people who were under scrutiny during the analysis of the cell phone data.
Marlissa states that turning this over to the defense would reveal to the defense details of her theory of what happened. She is still going on with her rant.
Judge Zuniga gets Jim Cook to hand these pages over to her so that she can determine if Brady material is actually contained in them.
Marlissa Fereirra and Kirk Bunch both have a sick look on their faces. They are very concerned. There is some speculation that this material may have been gathered in ways that may have circumvented the law. That is just speculation folks, but the concern that both of them showed seems to make us think that something fishy is going on with these papers.
It is at this point that Judge Zuniga makes a comment about “Thin is in.” She states that her comments concerning the length of this preliminary hearing were directed at the prosecution. We in the audience wholeheartedly agree with this.
Marlissa then starts asking Jim Cook about communications that took place on 05/03/2012 between the cell phone associated with Baljit Athwal and the law office of Frank Carson. One of these calls lasted 58 seconds.
It was objected to about being time consuming, and irrelevant. Judge Zuniga sustains the objections, and makes a comment that: “This has not been thin at all.”
We go into cell phone data records concerning Walter Wells that happened on 03/31/2012 between Midnight and 1:00 AM. She was trying to show that that his device had been manipulated at 1:00 AM, and that his device had moved within the sector because it bounced off of two different Turlock area cell phone towers. She was trying to show that Walter had communicated with Pop N Cork, or somewhere in the sector that Pop N Cork was located in.
It is 3:30 PM, and I notice Detective Jon Evers has entered the courtroom. He has a binder with him. He and DA Investigator Kirk Bunch exit the courtroom with this binder, and return ten minutes later.
We go over some cell phone data records concerning the device associated with Frank Carson and Georgia DeFelippo that occurred on 01/02/2012. It is brought out that there were 18 total communications between the two devices on that date.
It is now 3:55 Pm, and defense attorney Jesse Garcia has to leave at 4:00 PM so that he can attend the opera in San Francisco.
It is announced that Detective Jon Evers had brought in a binder with 11 CD’s from 2013, and a 64 gigabyte green thumb drive.
IT’S A MIRACLE…LOST EVIDENCE HAS BEEN FOUND!
Defense attorney Martha Carlton Magana states that she is concerned about the chain of custody that concerned these items.
Judge Zuniga says she is not concerned about this because it is not concerning a drug case. I guess drug cases are much more serious than a murder case involving 8 defendants. Just saying folks.
Martha states that this evidence has passed through 3 people. Marlissa Fereirra states that Officer Perry is doing a complete report on this. I hope his report is more forthcoming than his testimony was.
It is revealed that Officer Perry has provided the password for the thumb drive. I think I heard that it was Pepsi456.
Defense attorney Robert Forkner states that he has been in communication with people who worked for the now defunct company that wrote the encryption software. He states that they told him that there exists platforms that will enable this device to be opened up.
That is all for the day.
Sincerely; William Thomas Jensen (Tom)