January 5, 2016 by Warren Yates. Court was convened this morning at 9:30 AM. Judge Zuniga walked in caring load of papers that resembled the Obama care package that sheeple voted for before they read it. But these documents were the records that attorney Jesse Garcia had subpoenaed and finally arrived. Judge Zuniga needed to check all the records before releasing him to the attorney.
Judge Zuniga noted that there were several packets in the box with probably 700 or so pages she had to review. She will have a daunting task ahead of her but she’s up for the challenge. The records are criminal conduct for Patrick Hampton one of the star witnesses for the prosecution. The records were subpoenaed in order to impeach Hamptons alleged truthful testimony. Okey-dokey let’s get started with court.
For those of you keeping score, the Modesto Bee reporter was not in court this morning. However he did show up at 1:43 PM, late and left at 3 PM. One hour and seventeen minutes. If you read Modesto Bee you will see that he wrote an “article” that has 501 words in it.
Defense attorney Hans Hjertonsson began a cross-examination of agent Bunch who resumed the stand to testify for witnesses under proposition 115. In response to Hans questions, Bunch said that witness Kimberly Stout provided the following information.
Stout saw a vehicle drive away from Korey Kauffman’s house but did not see it stopped there. In regards to a confrontation between the occupant of the vehicle and Korey Kauffman, she imagined that took place in front of Korey’s house. Hans asked Bunch if Stout had said that the driver had wavy hair and Bunch said he does not remember wavy.
Stout said that she has known Korey since he was born. Stout said when she spoke to Korey about the alleged threat that Corey had indicated he was not worried about the threat. During the questioning of Bunch there were continual objections by the defense attorneys for Bunches continual nonresponsive answers. Agent Bunch has a problem using the words yes or no in a succinct manner. This of course is on the public record.
Hans then renewed the objection to Korey’s statements as being excited spontaneous utterances. Hans stated that testimony showed that after the alleged threat Korey Kauffman went about his business working on his Jeep in the driveway. Hans stated that all of Bunches statements should be stricken as hearsay. Judge Zuniga stated that the request will be noted. Martha Carlton Magana then said we should just be able to listen to a tape of Stouts statement to Bunch.
At this point deputy district attorney Ferreira began arguing that the transcripts defense attorneys are using are transcripts that were not provided to her. She stated that the facts that the defense attorneys were presenting were flawed and the actions of the defense attorneys kept her cloaked in darkness. She continued to talk in a rapid excited pace herself which would’ve made her comments more eligible as a spontaneous excited utterance hearsay exception than Korey Kauffman’s statements would have. Just saying…
As noted on the record, the court reporter had to tell her to slow down because she was talking so fast. Deputy DA Ferreira then began complaining, and again I say complaining because she said she thought the judge is going to change her ruling on whether Korey Kauffman’s statements were admissible under the hearsay exception rule. To calm her down Judge Zuniga reminded Ms. Ferreira that the ruling was made subject to being stricken.
Hans then stated that the district attorney was wrong with her allegations. Attorney Percy Martinez stated that the defense just received witness Paden’s transcript yesterday late from the district attorney. They had no time to review them.
Martha Carlton Magana said that the Dist. Atty. wants Bunches perception of Stouts statement to be on the record. Ms. Magana stated that the DA has not provided the transcripts and this is an ongoing issue. Ms. Magana again requested that the tapes of the interview should be played. She stated it would be improper to listen to evidence filtered through Bunch.
Deputy DA Ferreira then began to complain that the defense attorneys are trying to have a trial by bombardment! Yes, you read that right, bombardment. She does not want the tape played. Mr. Martinez said that the DA just gave them a transcript 10 minutes before today’s hearing. Ms. Ferreira then said that Ms. Magana should not say she didn’t get the transcripts.
Judge Zuniga then directly asked Ms. Ferreira, do you have an objection for the tape being played? Ms. Ferreira complained that the defense has not provided transcripts according to the court order and the defense has not complied with the court orders time after time! Yes, you read that right, time after time. Judge Zuniga decided that tapes would not be played at this time. The morning break was taken.
As the hearing resumed deputy Dist. Atty. Ferreira apparently having been energized during the break began giving a discourse regarding due process. During this time she again alluded to being cloaked in darkness by the defense. As she went on and on I wasn’t able to capture her soliloquy. It lasted quite a while. One gallery member remarked that there was a wambulance waiting outside for something. Just saying…
It was brought out that Bunch stated he had no information from Modesto Police Department regarding Patrick Hampton’s providing information on a prior murder case. In 1994 deputy Dist. Atty. Brad Nix wrote a letter to Hampton while he was incarcerated at Pelican Bay state prison.
Deputy DA Ferreira then began pointing out alleged misstatements by defense counsels as being factual distinguishable. Ms. Ferreira is trying very hard to prevent Mr. Garcia from being able to peruse Patrick Hamptons criminal conduct records while incarcerated in state prisons.
With Ms. Ferreira’s insinuations about the defense attorneys Mr. Garcia immediately raise his voice loudly, yes I said loudly, and asked the court to stop the district attorney from her reckless misstatements and her lying, and yes you read lying, and that the attorneys are tired of her accusations. Judge Zuniga had to raise her voice in order to have Mr. Garcia lower his. This was a very exciting exchange. Too bad you missed it.
Mr. Garcia issued his own subpoenas and did not want to use the district attorney for subpoenas for obvious reasons. He said that Patrick Hampton is an informant and the DA refuses to say informant or snitch, regarding Hampton’s status. Mr. Garcia said that the district attorney is controlling her witnesses and her accusation that the defense is using ambushing tactics is absurd. He stated he wants information to impeach Patrick Hampton and the DA is holding information and he hopes the court does not allow the DA to impede the efforts to obtain impeachable evidence.
Mr. Martinez then stated that the Dist. Atty.’s comments were offensive. He said that Patrick Hamptons information should of been provided by the district attorney. He said there was an informant agreement in 1994 which makes Patrick Hampton a snitch. The agreement was signed on August 3, 1994 and he is an informant and the DA just provided the information yesterday.
Defense attorney Robert Forkner then stated that in order to be an informant or snitch you don’t have to receive money reduced time on your sentence are an early kick out. He stated that Patrick Hampton was in Pelican Bay state prison and he wanted out of one of the hardest prisons in California. That was his consideration for any testimony he gave in the other murder case. And that is consideration. As an observer it would appear that Patrick Hampton gravitates toward murder cases.
Martha Carlton Magana then stated that documents show that Patrick Hampton continually provides information to authorities.
Deputy DA Ferreira then stated that she misspoke when she stated that Patrick Hampton was a “cellie” to a murder suspect when actually Hampton was an elevator operator. I wonder if Hampton had a hard time remembering the route.
DA Ferreira was then talking about the information that came in from the CDC regarding Hampton. She’s is hinting that she wanted to get it. Judge Zuniga then told Ms. Ferreira that she is not entitled to the information since it is Mr. Garcia’s subpoena. He could get her own subpoena. Ms. Ferreira responds that she does not want to beleaguer the issue but she does continue to talk.
DA Ferreira then brought up the issue that the other day when attorney Robert Winston came into the courtroom, she feels that Martha Carlton Magana implied that he was there at Ms. Ferreira’s behest and might be the attorney for Robert Hampton. That day attorney Winston stated that he is not Patrick Hamptons attorney and was just there to observe.
DA Ferreira stated that she had received information from someone in court today that attorney Robert Winston had in fact been invited to observe by Carmen Sabatino. The judge had no idea who Carmen Sabatino was and DA Ferreira volunteered the information that he is a former Mayor of Modesto, that is been here every day and that Frank Carson represented him in a case the DA brought against Mr. Sabatino. The only thing Ms. Ferreira didn’t volunteer, was that the Dist. Atty. lost the case against Mr. Sabatino.
In looking around the courtroom to try to figure out who the snitch was that informed the Dist. Atty., it was a consensus of the gallery after a straw poll, that the snitch could be none other than Mark Davis a.k.a. Mr. Microphone. It could be that he’s putting that wire the district attorney gave him to good use. Just saying…
Well the first recording of an interview with Kimberly Stout and Bunch and his partner was played. During part of the audio tape Stout indicated that Michael Cooley and Eula Keyes had stolen a lot of stuff from Frank Carson’s property. They then either sold it to Linda Fisher or exchanged it for drugs. Stout said that Linda Fisher is the one selling dope to everybody.
She also stated that Michael Cooley had set Korey Kauffman up because Cooley felt that Corey was trying to make a move on Eula. She also stated that she hoped that Korey Kauffman was going to be okay as Michael Cooley had made a threat against him. Bunch was heard on the tape then saying that Korey Kauffman had stolen stuff too.
Stout said that the only thing that Korey took were a couple of old automotive rear ends. On the tape Stout asked why it took Bunch so long to come to talk to her. It was over two years. Bunch stated well I was pretty busy and I did 300 to 400 interviews for this case. He asked Stout if she was afraid. She said well she has to live here but she going to give a statement.
After the tape finished Martha Carlton Magana resumed questioning Bunch. While Bunch was trying to describe the direction of travel they took while retracing Kimberly Stout’s movements, continually get tied up with whether Linwood Ave. goes North and South or whether Johnson Avenue goes East and West. After some bubbling around he finally stated that he got disoriented during the vehicle interview. Hmmmn.
Agent Bunch was asked, didn’t you know from the start that Michael Cooley and Eula Keyes stole items from the containers on Frank Carson’s property? He stated no! He was then asked, didn’t Eula Keyes tell you that she was fencing stolen property? No!
Did you ask her if she was fencing stolen property? I did not. Then there was a time of arguments being made whether Bunch actually did know that Cooley and Keyes were stealing the property. Sure that this argument will resume on another day.
Due to out-of-state commitments attorney Percy Martinez the court will go dark until January 27, 2016 at which time it will resume.
Only a few people will get this but remember how much fun it is to “Tip Toe Through The Tulips” playing my ukulele.

1 Comment

  1. Seems the DA, is really starting to squirm in her seat. Things are starting to backfire on her and the investigators. God doesn’t like ugly and in time everything will come out. In the meantime innocent people are in jail. I’ve said from the beginning and will continue to say Carson is innocent and the Cooleys are the ones who should be in jail along with their druggie, thief lowlifes. FREE THE FRANK CARSON 8

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