MAY 19, 2016 – Today was a war. Nobody won. The day was basically a waste of time, in this never ending witch hunt. The defense attorneys are not making it easy for Marlissa Fereirra, and she is doing the same to them. The end result is that nothing gets accomplished. This cell phone intercept phase of the hearing is the most contentious thing I have ever witnessed in a courtroom.
The day started out with discussion about an E-Mail from Supervisor Jim DeMartini. I think this is in regards to a statement that he made concerning the amount of money Stanislaus County has spent thus far in this preliminary hearing. We then discussed the request for the voice stress analysis data requested by the defense attorneys.
They will be getting this information sometime this afternoon. The polygraph expert is out of town until May 27th, so the defense will have to wait for that. I told you not to hold your breath when they said this fiasco would end by May 20th.
It is revealed that the Robert Woody transcripts are on the way, and should be handed over today as well. There was discussion on requested transcripts concerning Patrick Hampton and Micah Disney where Kirk Bunch was involved.
This was concerning a home invasion robbery on Carver Rd. These allegedly have been turned over to the defense. We discussed the requested information on the cadaver dog information sought by the defense. Marlissa Fereirra says the Office of Emergency Services is balking at turning over some of the requested information, and the defense attorneys are probably going to have to do a SDT in order to compel their cooperation.
Detective Jon Evers is brought up. The defense attorneys have been trying to get Los Angeles PD to release confidential personal files on Evers.
Marlissa said she was told that this information had been electronically sent to the judge, but Judge Zuniga has not seen anything as of this morning. I suspect that there is some reluctance by the prosecution to have these files disclosed.
We then get into the cell phone intercepts. The first one up concerned a call between Praveen Singh and Frank Carson. This set up a war between the defense Attorneys and Marlissa Fereirra that took up the entire morning session. The attorneys were arguing that attorney client privilege applies to this call, and were arguing relevancy.
The cell phone intercept concerned Frank Carson calling Praveen Singh, a bail bondsman, and informing him that he was going to run for District Attorney against Birgit Fladager.
Marlissa argues that it goes to overt acts in obstructing justice, and that it is relevant to show state of mind, and intent. The defense attorneys say that it is ludicrous to link his desire to clean up the mess at the DA’s office with any of the things being claimed by Marlissa Fereirra.
The defense attorneys talk about the fact that Frank Carson has been a critic of the DA’s office for over 25 years. They bring up Frank’s law suit against the DA’s office, and DA Investigator Steve Jacobson. Steve Jacobson is the cell phone intercept expert in this case, and sits on the stand playing the recordings. He is doing a good job handling the technical aspects of playing the intercepts in court.
The arguments got into some very petty things. They fought over how many votes Frank Carson got in the election for DA.
Marlissa claimed he got around 6,000 votes, when the truth was around 14,700. We got into how the DA’s office has hated Frank Carson for years.
Judge Zuniga states that she wants to “move on with this matter.” She wants to hear only certain portions of this intercept, subject to a motion to strike. She states that she does not see the attorney client privilege applying in this call.
On the portions that we heard, it was simply a call were Frank told Praveen that he had decided to run for DA. Praveen makes a comment about how that “will really piss them off”, or something similar to that. There was a little bit of chuckling, and that was it. I guess Frank’s desire for an overhaul at the DA’s office is criminal in their perverted minds.
It is now 11:03 AM, and Officer Roneel Singh from Newman is about to take the stand. He has been used as a translator in this hearing. He is being used to translate Fijian Hindi into English. His qualifications are very poor, but Judge Zuniga has allowed him to be deemed qualified.
He can’t read or write the language, and only knows a couple of the dialects. There are many dialects of Fijian Hindi. He seems to be a fine young Officer, and is very cooperative on the stand.
Martha really rips into the work he did with the translations. Many of the transcripts were transcribed by others before Officer Singh got involved.
He did corrections on many of these, but could not pinpoint which ones he had worked on. He did not know which person translated each cell phone intercept. He stated that he worked in a room where several people were translating at the same time.
We talk about a body wire transcript that was made in a visit to Frank Carson’s office in 2013. Percy Martinez immediately objects due to foundation. Percy states that it has never been clear who authored the transcripts from this time period.
Officer Singh was not involved at that time. People’s #155 is brought up. Officer Singh is asked if he recognizes it, and he says that he does. He stated that it is a transcription that he made some changes to after listening to the recording. He stated that the English portion had been typed by someone else.
Lots of arguments went back and forth on this, and Marlissa was having trouble crafting her questions to Singh. She kept being shot down for asking leading questions.
Judge Zuniga kept telling her to try again, and she would fail again. This was like pulling teeth. Marlissa then starts to go over each transcript one by one with Officer Singh, and we finally make some progress.
It is lunch time, and I go home for lunch. It appears to me that someone had been in my backyard. I stay home to keep an eye on things. You will have a report done by Marty Carlson for the afternoon session. I have heard that Martha and Marlissa really went at each other verbally. I don’t think they like each other in any way.
Sincerely; William Thomas Jensen (Tom)