MAY 10, 2016 –
The prosecution’s case is imploding on them. They saved their “Best Evidence” for last, and Judge Zuniga is rejecting most of what is being played in court. Some of the calls we heard today were rejected completely, others were massively gutted. This is in my opinion the glue that the prosecution was hoping to hold together all the little pieces of tainted evidence that has been offered the last six months.
It appears that Prosecuting DA Marlissa Fereirra started out with what she considers to be the most incriminating calls. These calls were rejected and cut up into little snippets of conversations that will be of very little use.
The judge is rejecting her reasons for justifying their use. She will undoubtedly need a good stiff drink tonight to unwind. This monster of a trial is turning on her. I enjoyed the day immensely. The defense attorneys are going to attack each and every one of the calls. This will take weeks to sort out.
The first call intercept we dealt with was a call from Baljit Athwal to India. It involved a dispute in India over some family owned property. Marlissa Fereirra argued that the call contained a death threat by Baljit Athwal against someone in India. Huge arguments went on from both the defense attorneys and Marlissa Fereirra. According to Marlissa, Baljit had asked for this person’s weaknesses, and was going to bait him just like she says Korey Kauffman was allegedly baited to the Carson property by some metal pipes.
Judge Zuniga tells Marlissa: “The problem Mam is intent is not an issue in this case.” Judge Zuniga then goes on to what she sees this case being all about. She said that Korey Kauffman was beaten severely, shot in the back, dismembered, buried, was dug up, and moved to the mountains where his body was dumped. That is what the judge believes the prosecution has presented during this preliminary trial. Judge Zuniga said the issue is “Who did it?” Zuniga: “I just don’t see your theory.” Neither do we who are blogging. Zuniga: “You can’t put the statements in with nothing to back it up.” Objection sustained. Wow, that was fun!
The next call was a call from Georgia DeFellipo to her daughter Christina. Huge arguments from both sides ensued. The defense attorneys argued about its relevance, and that it was improper character evidence.
Marlissa argued that it was pointing to a consciousness of guilt, and that it had happened right after a visit by Detective Ken Barringer. She stated that it went to the state of mind of Georgia and Christina. Comments in the recording alluded to referring questions asked to Frank Carson. Georgia had made a joking comment to Christina telling her to “Don’t worry, there is no dead body in the barn.”
Judge Zuniga chopped up this call, and only allowed a small amount of it to be used by the prosecution. She stated that most of it was irrelevant, and was improper character evidence. Marlissa looked destroyed at this point. Marlissa makes the argument that Frank Carson was using the fact that he is a lawyer to shield his alleged accomplices from questions asked by the authorities. This argument went nowhere.
Bad things happen to bad people. It’s called Karma, and Marlissa is getting a good dose presently. Poor Baby!
Sincerely; William Thomas Jensen (Tom)