June 2, 2016 – One of my favorite movies is Forest Gump. In that movie, Forest comes up with a saying that I think perfectly expresses my feelings about Prosecuting DA Marlissa Fereirra.
Today, we were forced to spend the morning listening to a rather long body wire recording. It involved a conversation that was secretly recorded by Amil Atala, a confidential informant, at the law office of Frank Carson.
Judge Zuniga had very narrowly allowed only limited portions of this recording to come into the record, and to be played. Defense attorney Percy Martinez objected, and insisted that the entire recording be played, to get the context of the conversation. I think his move was brilliant.
It seems Mr. Atala had gone down to the Modesto Police Department with information concerning Frank Carson. DA Investigator, who I think must be stupid as well, did research on what Mr. Atala had to say, and contacted him on 05/17/2013. Bunch testified that Mr. Singh had information that concerned Praveen Singh with gang related information of a drive by attempted shooting of a police officer, and specific information concerning “Frank Carson, and what we believe is criminal conduct on the possible theft of Government money.”
Marlissa Fereirra, once again putting her feet in her mouth, repeatedly angered Judge Zuniga by asking idiotic irrelevant questions to Kirk Bunch. These two work so well together you know. None of her initial questions to Kirk Bunch were allowed to continue. She even resorted to asking the Judge what she should do. Judge Zuniga kept telling her to “Tighten it up.” Believe me, there is nothing tight about this Prosecuting DA. Finally she is allowed to ask a very few number of questions to Bunch that pass the judge’s muster.
Bunch testifies that he had sent Mr. Atala to Carson’s office to explore conversations related to Korey Kauffman’s body being located. This answer by Bunch was objected to, and his answer was stricken. Bunch then testified that the second reason he sent Mr. Atala to Carson’s office with a wire was to find out who he believed was involved with obstruction of justice in the Korey Kauffman investigation. The defense attorneys all object to his answer. Judge Zuniga states that: “His belief is not relevant.” Objection sustained. It was revealed that this body wire recording was done on 09/19/2013.
So now Marlissa Fereirra has her shining moment, and is playing the secretly taped conversation of Frank Carson talking to Amil Atala at his office. I do not know what planet Ms. Fereirra comes from if she thinks this recording shows anything that is damaging to Frank Carson.
Mr. Atala was asking Frank Carson for advice about being hassled by the police concerning an incident at his Hindu Temple. Frank Carson, in a very professional and calm manner tells Mr. Atala that he always advises his clients to tell the truth to the authorities.
Frank tells Mr. Atala that they do not have the right to put him in handcuffs during such questioning. He tells Mr. Atala that he could file a complaint against these officers with the police department. Frank tells Mr. Atala that he has the right to ask the officers to leave, and to not speak to them if he doesn’t want to speak to them.
Frank even shares with Mr. Atala that he had demanded that officers leave his office, and had called 911 for assistance during an earlier incident at his office that we have reported earlier in our blog.