MAY 19, 2016
A few days ago, when the cell phone evidence was started in this preliminary trial, I stated that the prosecution is using the cell phone evidence as the glue that will bind together all the little pieces of tainted evidence that has been presented thus far. The theory that is being presented by the prosecution now makes me believe that they are sniffing glue. It makes sense only to an altered mind. Their theory is not supported by the evidence that has already been brought in by testimony. That fact was brought out by every defense attorney today. Judge Zuniga made a statement at the end of today that gives me some hope.
The judge, after listening to all the cell phone evidence presented today, told Marlissa Fereirra: “Ms. Fereirra, I am just not getting it.” Marlissa was trying to tie together a bunch of phone intercepts to prove the admissibility of one of the cell phone intercepts played early in the day. She had assured the judge that taken together, it would support her theory on this case. It does not seem to be going well with Marlissa on that argument. The case is indeed blowing up in her face.
The first cell phone intercept today was the one that started this whole mess for Marlissa. It was a cell phone call from 07/15/2012. In the call, one of the Athwall brothers is heard talking about the search warrants being served on Pop N Cork Liquors. There was talk about Eduardo Quintanar leaving his guns at Pop N Cork, and getting them back. Judge Zuniga ruled this to be irrelevant. There was talk about Robert Woody having needles at Pop N Cork. This was ruled irrelevant by the judge. Very little of this first cell phone intercept was let in by the judge.
The next cell phone intercept happened approximately one hour after the first one played today. In this call, Daljit Atwal called Baljit Athwal. Marlissa Fereirra stated that the call went to consciousness of guilt. Judge Zuniga shot this one down by stating: “I just don’t see it mam.”
The next phone intercept concerned three conversations that were blended into one intercept. Marlissa Fereirra wanted them to be ruled on in a single ruling, but the defense attorneys objected, and it was determined that they would be considered one at a time.
A cell phone intercept between Frank Carson and his mother then was addressed. The conversation centered on Kathy Grinnolds telling the investigators that her maternal instincts told her that Korey Kauffman’s body might be buried in a barn on the Carson property.
Frank Carson told his mother that he was furious about her saying that. In the conversation, Frank told his mother how the investigators had broken all the locks on the barn, and that he had bought new locks to secure the barn. Frank told his mother that they found nothing in the barn because “We didn’t do anything.” There was an objection on this on the grounds of relevance. Part of this intercept was let in as evidence, but I did not hear anything that was incriminating. It was simply a rather sweet call between Frank and his mother. I lost my mother over 20 years ago, and I wish I could make such a call at this time in my life.
The next intercept was a call where Robert Woody called Baljit Athwall. It concerned the aftermath of the search warrants being served on their business and homes. Robert Woody was at Pop N Cork fixing the damage caused by the search. This one was thrown out. Judge Zuniga: “Sustained, not this one Ms. Fereirra.”
At this point, it is brought out that Marlissa Fereirra had forgotten to run off transcripts for the translators, as promised last Thursday. Marlissa looked very “down” at this time. It is noted that Mark Davis (Mr. Microphone) is not present today. I was told he was not present yesterday as well. He must be reading our blog. Being an agitator in court after being busted for it must be making him re-evaluate his need to attend.
The intercept that contained three distinct calls came up again. The first part of the call concerned a conversation between Scott McFarlane and Daljit Atwal, the second part was a conversation between Daljit Atwal and Baljit Athwal, the third part was a conversation between Walter Wells room mate Tim Gonzalves and Daljit Atwal. Judge Zuniga sustained the objections to this intercept. Judge Zuniga: “It doesn’t resonate with me mam.” “It is not relevant.”
Defense attorney Martha Carlton Magana brings up the fact that officer Navarro brought up Frank Carson, Robert Woody, Michael Cooley, Ryan Schmidt, Christina DeFelippo, and steroids with Daljit Atwal during a 6 hour conversation he had with Daljit after the search of his home.
This was cited as a reason that the Athwals talked about these things in the cell phone intercepts. Martha said that the investigators were poking the ground for a body during the search of Daljit’s home, and that is why he said that they were investigating a murder. Hans Hjertensson said that Daljit was trying to explain to Scott McFarlane what was going on after all the searches and being interrogated by Detective Jon Evers and Detective Navarro. It was brought out that all the suspects phones were tapped, and that this information was not obtained anywhere but from the investigators.
The defense attorneys argued that there was no conversation between Frank Carson and the other suspects.
The defense attorneys argued that there was no deceptive state of mind, or consciousness of guilt, and the intercept was irrelevant. Judge Zuniga sustained the objections on the first two of the segments of the three part intercept, and let in a few snippets from the third segment.
This was not a good day for the prosecution. It is brought out that there are 10 more intercepts to go. Judge Zuniga states that this will probably take the rest of the week. I told you not to hold your breath about being done by May 20th. More fun and games tomorrow. Judge Zuniga seems to be getting it. She is seeing through the haze created by the sniffing of glue by the prosecution .
Sincerely; William Thomas Jensen (Tom)