CIRCUMSTANTIAL NONSENSE

June 15, 2016

 

This afternoon’s session starts at 1:45 PM with Jim Cook back on the stand doing his “Hocus Pocus” analysis of cell phone pings concerning a cell phone associated with Frank Carson.

This testimony seemed to be nonsense. It concerned data spanning the time period between 07/02/2011 and 02/26/2015. Prosecuting DA Marlissa Fereirra is trying to show a significance with the fact that Frank Carson’s cell phone pinged off the same cell phone towers and sectors that the cell phone of Baljit Athwal.

During this time period, the two cell phones were pinging off the same cell phone towers a total of 5 times. These cell phone pings were both connected to towers around Pop N Cork Liquors in Turlock.

It just happens that Frank Carson’s property in Turlock is very close to Pop N Cork Liquors, but that did not deter Marlissa from trying to spin this evidence to show that Frank and Baljit were together at those 5 instances. No cell phone calls were made at those times, only the pings from their phones were detected.

The dates of these 5 instances were 01/31/2012, 03/13/2012, 06/19/2012 and 07/03/2012. Many objections flew from the defense attorneys concerning this line of questioning.

The defense attorneys brought out that 1000’s of people live within the sectors that are being discussed, and that the data was irrelevant.

Marlissa goes on one of her frequent rants trying to rebut their arguments.

Judge Zuniga gets irritated with Marlissa, and tells her: “You are putting this on like we are at trial.” Defense attorney Martha Carlton Magana argues that it is: “Spurious junk evidence.”

At this time, the defense attorneys request to have a private discussion on what was going on. Marlissa Fereirra then decides to limit her approach to her line of questioning, and things calm down a bit.

Marlissa brings out that there were other instances of the two phones being in the same sector several times over a 4 year period. There is absolutely no significance to this, because Frank Carson’s property and Pop N Cork Liquors are in close proximity to each other.

Marlissa Fereirra then tries to play a phone intercept where she claims that Frank Carson allegedly told someone he was in Merced. She says Frank was actually somewhere else at this time. There were many objections to this, and the objections were sustained. Marlissa could not play this tape in court.

Marlissa tried to bring out this information through questioning of Jim Cook, and she was admonished by the judge for trying to circumvent the judge’s ruling.

Marlissa gets very agitated and disorganized at this point. She first decides to go into a slide that shows details of what she thinks is a trip by Baljit Athwal to the mountains, and then changes her mind.

Many cell phone calls between the phone associated with Baljit Athwal and the phone associated with Daljit Atwal. It got very boring as we went over each of these calls, and which cell phone tower and sector were involved.

Marlissa Fereirra then tries to show how Baljit Athwal’s phone pinged off of cell phone towers while traveling East on Hwy 132 towards

Coulterville. The phone pinged off of several different towers that ranged from one in Oakdale, one in Waterford, and one off a cell phone tower on some mountain in the Coulterville area.

She did not have any data that showed Baljit Athwal’s phone pinging off of towers going down Hwy 49. If he had gone to the grave site of Korey Kauffman, it should have pinged off of one of these towers.

Witness Jim Cook will not be back on the stand until Monday, at the earliest. He has to testify in another trial in Santa Clara County tomorrow.

Tomorrow morning, Modesto Police Detective Jon Evers will be the stand, and another person with the last name of Sindal. The afternoon will have testimony from a Detective Perry. Defense attorney Jesse Garcia is busy in the morning for another trial, and will be at least 30 minutes late. Court is scheduled to start at 10:00 AM.

Sincerely; William Thomas Jensen (Tom)