June 8, 2016 – Today was a very similar day to yesterday. Jim Cook, the cell phone expert was back on the stand. After being thoroughly worked over by the defense attorneys, Judge Zuniga qualified him as an expert. We eventually get to his Power Point presentation, which turns out to be a very contentious issue. At 4:00 PM, after all the fighting is over for the day, we get into rulings on numerous cell phone intercepts that had been objected to by the defense. Now I will try to give you some detail of the day’s events.
Jim Cook takes the stand at 9:49 AM. Defense attorney Jesse Garcia asks Mr. Cook if he was aware that certifications are available for people like him. Jesse referred to a certification that is available through the FBI. Jim Cook stated that he had not obtained this certification, because he was not a sworn law enforcement official. Jesse asks Mr. Cook if he has any classes in human behavior. Mr. Cook says the only class in this category would be Psych 101.
Jim Cook was asked by defense attorney Robert Forkner how much money he had made in the last two years from law enforcement. He testified that he had no idea how much money he had made. It seems to me that he should know this from filing income taxes. He was asked if he used triangulation in his analysis of the cell phone tower data. He said that he did not use triangulation.
Defense attorney Jesse Garcia goes into Mr. Cook’s data analysis, and how it includes mind set or state of mind of the callers. Jesse hammers Mr. Cook about how it is impossible to make these sort of assumptions based on the data that was provided to him by the cell phone companies. Marlissa Fereirra goes on the defense of Mr. Cook, speaking about his 30 years of experience, and how he is on the cutting edge of technology with his knowledge. At this point, I had to leave the courtroom to get my hair cut.
When I returned at 1:30 PM Mr. Cook was back on the stand going over the various cell phone sites that were involved with this case. Everyone who was monitored in this investigation had AT&T Cell Phone service except Korey Kauffman, who had Crickett.
We finally get into the meat of the Power Point presentation, and all hell breaks loose with objections. Everything was objected to. Jim Cook had marked the Carson property as the “Crime Scene” on all the slides that were presented. Each slide was objected to on this issue. The prosecution, over the lunch hour, had renamed the Carson property, but the color of the Carson property labels were black. That was objected to by the defense.
One of the slides, I think #7, had a location marked “Hole in the fence.” This was objected to strongly by the defense. There is no evidence that any of the investigators ever saw a hole in the fence. They did see a portion of the fence that had been repaired at one time or another, but no actual hole in the fence. This reference to the hole in the fence was stricken by the judge.
We now get into a huge argument about Mr. Cook talking about obstructions on the Carson property, and at Pop N Cork that would interfere with cell phone reception, and which cell phone tower would be used based on these alleged obstructions. The defense attorneys object to this. They were not provided any discovery concerning obstructions, and the effect they would have on which cell phone towers would be used with communications. Judge Zuniga rules that this line of testimony can’t be used. At this point, Marlissa Fereirra looks distressed, and Kirk Bunch is pacing the courtroom looking like he is going to puke. Marlissa Fereirra starts to become increasingly rattled, and says “Do they have to comment on everything I say.”
Judge Zuniga tells Marlissa: “I don’t understand why pictures of people’s homes are relevant.” “You are getting totally bogged down.” Zuniga: “Things are not going to get any better for you tomorrow.”
At this point, it is revealed that we are on slide #7 out of 309 slides. This could take a long long time. Judge Zuniga lets Mr. Cook return to the stand. He spent many times today out of the courtroom while the attorneys made arguments. Judge Zuniga warns Marlissa not to go into obstructions with her questions to Jim Cook.
After a few more questions, Mr. Cook was allowed to step down. Defense Attorney Martha Carlton Magana gets Judge Zuniga to order Chris Cook, who was present with Marlissa Fereirra during arguments, to not discuss anything with his father. I am sure that this order will will be ignored. How will the judge ever know what they will talk about tonight. Defense attorney Percy Martinez wants all discovery provided concerning any reports written on cell phone tower obstructions. Marlissa says everything has been provided. I don’t believe this is true, since the defense attorneys say they have nothing at this time.
We are after 4:00 PM now, and go into quite a few useless wire taps that were objected to by the defense. The judge throws out a call between Baljit Athwall and Daljit Atwall, and throws out a Frank Carson call. Judge Zuniga then lets in 4 calls between the Athwall brothers, for being misleading about what was going on at Pop N Cork. After discussing a few other calls, Judge Zuniga states that it is up to her how much weight she puts on any of these calls. Court will resume tomorrow at 9:30 AM. It is going to be a war.
Sincerely; William Thomas Jensen (Tom)