12-25-16 – I’m going to start this commentary Christmas night. I know there are many people very happy this Christmas evening. The last three of the persecuted Carson 8 have been freed to be home with their families. There is much joyous celebration in those homes tonight. They have been deprived of their families and their freedom for far too long during this travesty of justice.

Conversely, I know there are many people extremely unhappy this Christmas evening. Because of the contemptuous actions of the office of the Dist. Atty. and their minions, they are probably regurgitating everything they are eating while visions of sugar-plums are not dancing in their heads but rather they keep hearing the song “Folsom Prison Blues” in their heads.

Fladager is saying “now Ferreira now crunch Bunch, now Navarro and Evers, and Hampton and Cooley, Romero and Cooper, Jim Cook and his chimp, Robert and Beverly, Woody’s for sure, are running around in circles and seeking a cure. Sorry, no luck folks your sled ain’t gonna fly. The house of cards Fladager has landed her sled on is tumbling down all around her.

This commentary may be a little lengthy because I want to expose more of the prosecutorial misconduct that has been rampant in this hearing along with current revelations.  Speaking of The Revelation, I was doing my Sunday school lesson last Sunday and came across some verses in the book of Amos in The Living Bible translation which is analogous to some of the evil deeds present in the Carson case.

Amos 6: 1 Woe to those lounging in luxury at Jerusalem and Samaria… (Modesto Stanislaus County)

2 … Once they were better and greater than you, but look at them now. 3 You push away all thought of punishment awaiting you, but by your deeds you bring the Day of Judgment near.

4 You lie on ivory beds surrounded with luxury, (defendants lie on hard beds in a dank jail cell) eating the meat of the tenderest lambs and the choicest calves… (Defendants eat green bologna sandwiches and gruel).

6 You drink wine by the bucketful and perfume yourselves with sweet ointments, carry nothing at all that your brothers need your help. (Or cocktails at the gin mill the Dist. Atty.’s get together at to plot their next step)

12 …Stupid even to ask–but no more stupid than what you do when you make a mockery of justice and corrupt and sour all that should be good and right. (Same today in Stanislaus County as it was in the book of Amos)

13 And just as stupid is your rejoicing in how great you are when you are less than nothing– and priding yourselves on your own tiny power! (And again as in the days of Amos, the Stanislaus County district attorney is rejoicing in how powerful she is but she is less than nothing)  Prophecy being foretold.

As most of you readers know on December 22, 2016 Judge Zuniga became extremely upset with the asinine conduct of the District Attorney’s Office. I am going to elaborate more on what the judge said in court but first, if you saw the article in the Modesto Bee by a new reporter, there was a video showing Ferreira and Bunch sneaking out the back door like criminals leaving the scene of a crime. And they are. Their own crimes. That’s a very fitting analogy. More on that later in this commentary.

While I have been mulling this over I was reminded of an old MasterCard commercial that used to play on television. So I thought I would make my own commercial for MasterCard and see if they will use it so here it is:

Coffee at Starbucks before court.                                                                                 $6.50

Watching Court on December 22, 2016                                                                      No Charge

Watching Ferreira and Bunch sneak out the back door of the court like rats

trying to escape on December 22, 2016.                                                                             PRICELESS

I think that would make a great commercial on national television, what do you think?

Okay, now let’s get into some of the comeuppance dealt to the district attorney by Judge Zuniga.

“How does this happen?” Judge Barbara Zuniga asked that question of Stanislaus County Chief Deputy District Attorney Marlisa Ferreira three times within a minute Thursday morning during the preliminary hearing for Modesto attorney Frank Carson and two co-defendants charged with murder.  The obvious answer is the Russians did it or it was George W. Bush’s fault.  The actual answer is not stupidity and incompetence. It is cunning, deceitfulness and vindictiveness on the part of the District Attorney’s Office. The district attorney and her investigators have been beaten so often in high profile cases that she will do anything to dispose of Frank Carson.

 The news prompted the judge to later claim she’d never seen a District Attorney’s Office make so many mistakes “with respect to discovery.” That’s because this is the only case that Judge Zuniga has tried in Stanislaus County. Had the judge been around in many previous cases she would see that failing to adhere to Brady versus Maryland is common practice Stanislaus County District Attorney’s Office.

Carson and brothers Baljit Athwal and Daljit Atwal, accused in the killing of Turlock resident Korey Kauffman in March 2012, had been held in custody without bail since their arrests in August 2015. On Thursday afternoon, Zuniga ordered their release from jail on their own recognizance after prosecutors’ disclosure. She also said she’ll impose sanctions on the District Attorney’s Office.  The judge later said that releasing them on their own recognizance is not the sanctions she is referring to. Sanctions against the District Attorney’s Office are long overdue. Depending on the sanctions, they may have resignation, termination or recall written all over them. If the County Board of Supervisors doesn’t get the picture and they continue to fund this vindictive boondoggle, they become complicit in this mockery of justice and this charade, parody and sham being perpetrated by the Dist. Atty. The Board of Supervisors have to remember that they are elected to that position. The house of cards is tumbling down.

…Ferreira said, according to a court transcript. “I apologize for the late discovery, for these issues…   Apologies don’t feed the bulldog Ferreira. But wait, that’s not all!  The apology was followed by Zuniga’s repeated demand to know what happened. “I thought you had a procedure,” the judge said. “We went through this problem that your office is having with respect to discovery.” As I mentioned before, Judge Zuniga has not spent nearly enough time in Stanislaus County criminal court rooms or she would not be so shocked.

Zuniga said District Attorney Birgit Fladager should have been in the courtroom Thursday. “It is her reputation that is on the line. She sets the example for people in her office. This is totally unacceptable.”  Yes. She is their learless feader or something like that. Your guess is as good as mine. Reputation? Really? Could it be her notoriety is on the line? The judge feels it is unacceptable as do many members of the community and the Board of Supervisors should.

After Ferreira said Fladager was out of town for the holidays…   One member of the gallery was heard to say they saw Fladager trying to sneak out of town on a Greyhound bus wearing a Hillary mask as a disguise. I have no confirmation, only what someone in the gallery said. I am sure the source of information was as reliable as the sources the Bee uses in their stories.

…the judge added that given other problems with the sharing of evidence discovery in the case, the district attorney “should have been sitting here and hearing what the problems are in your office. I don’t get it.  Possibly violations of Brady versus Maryland may have been in the scheme of things all along to make this preliminary hearing drag along to try to get a holding order. Nefarious acts in the District Attorney’s Office have been prevalent for many years.  It’s called “business as usual”. There needs to be a plan of action taken to stop “business as usual” in the District Attorney’s Office. The house of cards is tumbling down.

Fladager said, “Challenges and complications are inherent in prosecuting any serious case,…

…we have already provided over 10 terabytes of data to the defense. That is a massive amount of discovery in a murder case.”  Boo Hoo Hoo! It doesn’t matter if it’s 100 TB of data given to the defense, if it is not all of the discovery then you are breaking the law. Imagine that? I hate to be blunt here, but excuses are like butt holes, everybody has one and they all stink. If a district attorney is not up to complying with the law in providing exculpatory evidence, that district attorney has to go either voluntarily or by the people.

She said the discovery brought up Thursday morning was in the possession of the DA’s Office but “inadvertently not disseminated” to defense counsel. “When you asked me, ‘How does this happen?’ I can only say that it shouldn’t happen and I’m apologizing that it did,” Ferreira said.  When people are sitting in jail, inadvertency should be criminal conduct. Synonyms for inadvertent could be idiocy, stupidity, arrogance, vindictiveness, payback or gotcha. Droll apologies as I stated above and I hate to be blunt here, but droll apologies are like butt holes, everybody has one and they all stink. And so do the district attorneys. The house of cards is tumbling down.

The newly shared evidence is information the prosecution has had since 2014, he said. The court has bent over backward to have the DA’s Office comply with its obligations, Martinez told Zuniga.   Here’s my suggestion to stop the District Attorney’s Office from failing to provide discovery in a timely manner: put Fladager, Ferreira, crunch Bunch, Jon (don’t mention domestic violence around me) Evers, Navarro, Brown and Jacobson in jail until the Dist. Atty. rests her case. This would either make the district attorney provide immediately all discovery including exculpatory evidence or rest her case immediately.

The callousness with which Ferreira cavalierly says, “I can only say that it shouldn’t happen and I’m apologizing that it did.”  That apology is about as genuine and meaningful as someone that voted for hillary. It holds about as much water as a sieve does. So because of Ferreira’s stupid ineptitude, just let the defendants stay in jail until I can get this out to you defense attorneys. PARDON ME WHILE I PUKE!!!!!!!!! I certainly hope you have wonderful holidays this year Ferreira, you may be flipping burgers a year from now. Or maybe not. Flipping burgers may take some extensive training in how to do something the right way. Since law school didn’t help you too much in the area of doing things right. The house of cards is tumbling down.

Michael Vitiello, a professor at the McGeorge School of Law, told The Bee

“If there is significant evidence that these are the people responsible (for a murder), then the handling of this case is just a terrible injustice.”  Prof. Vitiello is exactly right. This persecution perpetrated by Fladager and her cabal in order to punish a licensed attorney that has far superior legal acumen than she has definitely shown an abuse of absolute power. And in his been well proven that absolute power corrupts absolutely. No greater example of this corruption can be shown then Fladager’s persecution of the Carson 8. The house of cards is tumbling down.

Ferreira said she and lead prosecution investigator Kirk Bunch take full responsibility for the problem. Zuniga replied “Yes, the ultimate responsibility lies with you and – it’s actually with the DA.”  Terminations, resignations and or recalls are the only remedy here. How many more innocent people will be wrongfully accused, arrested, vilified and have to endure the same Hell the Carson 8 have had to suffer and undergo? Ask yourself that question.

Fladager agreed. “No one understands the obligation to do our best more than I do,” she told The Bee. “If there are any shortcomings or failures, it is my responsibility as the elected district attorney.”  I repeat, Terminations, resignations and or recalls are the only remedy here. How many more innocent people will be wrongfully accused, arrested, vilified and have to endure the same Hell the Carson 8 have had to suffer and undergo? Ask yourself that question.

Zuniga said she ordered the release of the three defendants not as a sanction against the DA’s Office but as a move necessary to protect “the integrity of the proceedings.”

But she quickly added that she does intend to impose sanctions. “I just need to find the appropriate section” under the Code of Civil Procedure, she said. “… I want to sanction the DA’s Office so that it sticks and it doesn’t get reversed.”  It took a judge from outside of this County to penetrate the heretofore bulletproof glass surrounding the office of the Dist. Atty. all concerned citizens will be in anticipation of what Judge Zuniga will do?”

I had planned to make this one long commentary. But I have since decided to present it in two or three segments. So I am going to end this call it segment 1. The next segment or two will be information gathered from prior commentaries by Tom, Marty or myself to show the egregious prosecutorial misconduct that this case has been subject to. I am hoping that Ferreira will enjoy reliving some original segments from commentaries past.

Since we are in the holiday season, we can call this ‘It’s a Wonderful Life” as rewritten by Warren Yates. You remember that old 1946 Jimmy Stewart feel-good Christmas movie in which everything is going bad in Bedford Falls.  We can call Bedford Falls Modesto in my rewrite.  The hero of the movie is George Bailey. For my rewrite, the hero will be Frank Carson. The villain in the movie was the evil banker Henry F. Potter. And in my rewrite the villain will be district attorney Brigit Fladager.

In my rewrite , George Bailey was going around doing good things for people in his community. Frank Carson was going around doing good things for people who were wrongly accused by the evil district attorney. Frank Carson was able to show that many of the charges brought against citizens of Bedford Falls/Modesto were politically motivated. The evil banker Henry Potter was going around taking people’s property in the nefarious manner. District attorney Fladager was going around trying to take people’s freedom through nefarious means and Frank Carson was able to save Carmen Sabatino, AJ Pontillo and Frank Drummond from the clutches of the district attorney.

Then evil banker Henry Potter stole some money George Bailey’s uncle through nefarious means. The Dist. Atty. had stolen Frank Carson and several other innocent person’s freedom through nefarious means. George Bailey was despondent. An angel came to George Bailey and help them to see that life would be fine and the money that had been stolen by the evil banker Henry Potter have been recovered. As I recall, the favorite phrase of all of the district attorney’s witnesses, the evil banker Henry Potter fired from the bank because of his evil deeds and he became a Salvation Army bell ringer at the local Walmart in Bedford Falls.

Several angels came to Frank Carson and the other innocents that had been imprisoned wrongfully, because of the dastardly deeds of the evil district attorney which caused Judge Zuniga to release them on their own recognizance. The district attorney fled the city throwing a couple of her subordinates to the wolves. Crunch Bunch and Ferreira. Could there be room for two or more Salvation Army bell ringers at Walmart?

Or maybe I have this story confused with the Wizard of Oz in which the wicked witch of the West or East or North or South cuz I don’t remember, began to burn up and melt while screaming “I’m melting, I’m melting” or words to that effect. Again as the prosecution witnesses and some of her investigators say I don’t recall.

Well that’s the end of my story rewrite and most of the names have been changed to protect those that are innocent. So that’s it for now. This is the end of House of Cards 1. House of Cards 2 will be following shortly with the ghost of commentaries past. Hey that sounds like something from Charles Dickens “Christmas Carol”. Do I see another literary rewrite on the horizon?