Neil Young has a song titled Piece of Crap. In that song, he rants about things and companies that he detests. I have come to that point with the testimony of self-proclaimed cell phone expert Jim Cook, that I can’t stand it anymore. Prosecuting DA Marlissa Fereirra has no concept of what she is doing while questioning Mr. Cook.
Marlissa Fereirra starts right off where she ended last Thursday. In no time at all, she was told for the umpteenth time not to ask compound questions by Judge Zuniga. She did this again several times during today’s session. She gets scolded by the judge for giving testimony herself, rather than eliciting the testimony from the witness Jim Cook. She gets warned several time about asking leading questions.
The sheer volume, and accuracy of many of the objections to her questions, caused her become agitated several times today. She had to re-craft many of her questions multiple times in order to get them done correctly. She learns from her mistakes, but at the speed of someone born with Down’s Syndrome. Now that I am done with my rant, I will try to describe some of the highlights from what I heard in court today. Much of what I heard was simply crap, not worthy of taking notes on. It bored the Hell out of all of us. If this thing goes to trial, a jury of 12 will have minds like mush after weeks of being subjected to the Marlissa and Jim Cook presentation. His testimony at trial, with cross examination, will take over a month. Marlissa will lose the jury. They will hate her.
We start out today, with Jim Cook being asked about a cell phone that was used by Baljit Athwal, but registered to Daljit Atwall. We also hear testimony about a land line connected to Baljit Athwal’s home. We go into the call detail records for these phones. We do this one call at a time. Many objections to Marlissa’s questions caused each call to be like pulling teeth. At this point, we are at slide #87 out of 309 slides in the Power Point presentation. This is going to take forever.
Marlissa Fereirra asks her questions, trying to get Jim Cook to make an educated (?) guess where each of these calls originated from within the sector of three main cell phone towers. One cell phone tower was in Ceres, one was in South East Turlock, and the other was at Cal State Stanislaus. Many of the calls were handled by two of these cell phone towers during the same call. Mr. Cook used a lot of speculation, in my opinion, explaining why these calls pinged off of more than one tower. He also did a lot of speculation on where, within the 120 degree radius covered by each tower, each call was made from. He also speculated on cell phone texts about who was writing the text message. A person would have to agree with all of his assumptions in order to accept them as being true.
We go through each slide in the Power Point presentation, eventually getting through #97 out of 309. It is about 2:30 in the afternoon, and I have had it. It takes the patience of Jobe to endure this segment of the preliminary hearing. Marlissa is going over each and every phone call and text message that is listed on every slide. Some of the slides have over 30 calls listed. Jim Cook goes into his “Hocus Pocus” routine to ascertain where he thinks each call originated from based on the cell phone towers that the calls connected to. There is way too much speculation involved here folks. A 120 degree arc of coverage for each cell phone makes it impossible to say where they came from.
I found Jim Cook’s testimony to be very confusing, and so did Judge Zuniga. The judge told Marlissa, just before 2:30 PM: “Mam, that’s very confusing Mam.” That just about says it all about the state of the case Marlissa Fereirra is trying to make against the defendants.
Court resumes tomorrow at 9:30 AM. Oh boy!
Sincerely; William Thomas Jensen (Tom)