This will be a somewhat short recap of some of the events that occurred in the Frank Carson hearing on December 30th 2015. It will not be very lengthy but there were a few interesting things that occurred.
The first part of the hearing is dedicated to confirming that Martha Carlton Magana’s client effectively waived the possible conflict. Judge Zuniga went over very carefully the ramifications of his waving the right to have a new attorney. Ms. Magana’s client knowingly and effectively waived the conflict.
The focus was then placed on the fact that the records subpoenaed from the California Department of Justice by defense attorney Jesse Garcia had not been received. He indicated that he had been advised by the DOJ that they had been overnighted to him. At the Judge’s request, Mr. Garcia contacted the liaison in the DOJ’s office.
When Mr. Garcia returned from his conversation with the DOJ, he advised the court that the address for the records to be sent to was erroneously sent to the bankruptcy court building. No one is available other than when court is in session. He was told that the records would be overnighted to the clerk’s office downtown.
Deputy Dist. Atty. Ferreira stated that she is making an objection on behalf of the state of California regarding the documents being sent to the defense attorney. Judge Zuniga immediately notified deputy Dist. Atty. Ferreira that she has no standings to object on behalf of the state of California so her objection was overruled. As verified in the public record, deputy district attorney Ferreira quite often inserts herself in areas in which she has no business. Ouch! Smack down number 1.
Having recovered from that smack down by the Judge, deputy district attorney Ferreira then stated that she wanted the name of the person that Mr. Garcia spoke to at the Department of Justice. Mr. Garcia told Ms. Ferreira he was not going to reveal the name. Judge Zuniga then told Ms. Ferreira “you call the Department of Justice yourself”. Ouch! Smack down number 2 and we barely got started. Just saying…
Martha Carlton Magana then resumed the questioning and asked Mr. wonderful why he was wearing orange in jail and prison. He then came out with “none your business”. Ms. Magana then stated that orange is protective custody and is usually used for witness protection, informant, child molesters, and gang roll ups, which category are you? Deputy Dist. Atty. Ferreira immediately objects to the relevancy of the question and that it puts her witness in danger and requests a sidebar. Mr. wonderful is escorted from the courtroom again.
Deputy Dist. Atty. Ferreira then began to say things about Martha Carlton Magana and her method of operation. Martha Carlton Magana told Ms. Ferreira not to try to run her case. During this sidebar Ms. Ferreira again argued about the relevancy of the question and stating that it would put her client in danger if he hato define what type of protective custody he was involved in.
Then Robert Forkner stated that Hampton first denied being an informant and when pressed finally admitted it. Mr. Forkner said that Ms. Ferreira had presented no specific information that indicated that Hampton would be in jeopardy. He then requested that Judge Zuniga have an in camera hearing so Ms. Ferreira could present evidence she has to show that Mr. Hampton would be in danger.
Ms. Ferreira then admitted that she had no evidence showing that his life would be in danger. Judge Zuniga then stated that Ms. Ferreira’s arguments were offensive and that Hampton would be required to answer the question. Ouch! Point Smack down number 3.
Star witness Hampton was then brought back in and resumed the stand. Ms. Magana then said well what is your category? Hampton then said what’s wrong with orange? Frank is in PC. Ms. Magana then listed of the categories again and said which one was it? Hampton answered it was because of enemies in jail.
Ms. Magana asked who are the enemies and Hampton answered none your business. Ms. Magana asked again who are the enemies in Hampton again stated none your business. Ms. Magana asked for the third time who are your enemies and Hampton again said none he a business. Hampton then said “you sound like a broken record Martha”.
Well Hampton is taken off the stand again and placed in the soundproof room. Deputy district attorney Ferreira then complains to the Judge that she is worried because Hampton is an at risk witness and he lives an at risk life. Golly Gee! Here we have a dreg of society who is a methamphetamine and heroin addict, who is an informant in and out of jail, admits to being a career criminal and even helps out on an occasional home invasion robbery.
Ms. Ferreira has a touching regard for the safety of this star witness. There is no question that Hampton leads and at risk life. Dealing drugs can get you killed. Being a snitch can get you killed. Using dope can kill you if you overdose. And last but not least, doing home invasions can get you shot and killed if you invade the wrong home.
Judge Zuniga then told Ms. Ferreira that you are making it much more difficult and complicated than it needs to be. Ms. Ferreira then said well if you’re going to make him answer, and then Judge Zuniga interrupted her and said “Let me handle this ma’am”. Ouch! Smack down number 4.
Since Patrick Hampton has been on the stand, agent Bunch and Ms. Ferreira has switched seats. Speculation from members of the gallery during the break was that Ms. Ferreira knows about the volatility of her latest star witness and that should he explode in the courtroom, Ms. Ferreira wants to be in the “catbird seat “to get out the side door if Hampton goes sideways in the courtroom. Don’t know. Just reporting what the gallery thinks.
Ms. Magana then advised the court that she had requested custody records from the Dist. Atty. seven days ago and have not received them yet. Ms. Ferreira stated she didn’t recall getting a request but she will get him if necessary.
Patrick Hampton then resumes the stand. Ms. Magana asked if he knows Linda Burns? Hampton with his usual charm says “you mean the one from The Simpsons”. Hampton was then removed from the stand and placed in the booth.
Judge Zuniga then left the bench at 1:30 PM and returned at 2:40 PM during which time he called the representative that the Department of Justice that attorney Jesse Garcia and talked to. Judge confirmed that the records would be sent immediately. Judge Zuniga then open the mysterious sealed package from Ms. Magana. After opening the package and examining it, Judge Zuniga stated that it is not what I thought it was.
Ms. Magana stated that she would provide copies to all of the defense attorneys. At that point deputy district attorney Ferreira chimed in and said me too? Judge Zuniga told her no Ms. Ferreira it you do not get them! Ouch! Smack down number, oh I lost count.
During the break when Judge Zuniga was talking to the Department of Justice, public defender Rosenstein had counseled with Patrick Hampton in the back room regarding his testimony. When Hampton resume the stand he asserted his Fifth Amendment right against self-incrimination regarding enemies in prison. That subject was dropped.
Under questioning from Ms. Magana she asked if he had cooperated with the authorities? Hampton stated I’m not a jailhouse snitch. Then again turning on his charm he said to Ms. Magana “turn your fucking hearing aid on and listen”.
Ms. Magana then asked if he was told he would get paid to record Frank Carson by Bunch and Jacobson? Hampton then replied no, pay attention. Gentleman like Hampton are few and far between. Thank goodness!
Ms. Magana then asked him if he was asked to wear a wire and he stated no, were you? He was then asked about throwing 30 pounds of weed into a neighbor’s yard. Hampton said no not that much, 28.5 pounds is a felony right? He then said in his charming manner “what the fuck does this have to do with this. During this exchange deputy district attorney Ferreira is sitting smiling like she thinks it’s funny. But he is her witness.
Hampton then under questioning admitted that he stole a lot of weed from the grows at Stearns and Sierra roads in Oakdale. He stated this is my profession and I call it harvesting.
Hampton was excused told to report back at 9:30 AM on January 4, 2016 and not to be late. Then as this session was closing, Robert Forkner indicated that he was going to file a motion regarding getting information about a 187 home invasion involving Hampton.
Deputy DA Ferreira then said “I’m sure the court will rule accordingly on the motion” and Judge Zuniga responded “I am sure you will object accordingly Ms. Ferreira”. Ouch! Smack down and I still don’t remember what number it is up to.
Well that’s it for me folks for a while. I will be in an out-of-court while working on an attempt murder case in San Jose. But in my absences, I know that my co-author Tom Jensen certainly keep the public informed of the proceedings in the courtroom since the Modesto Bee is no longer keeping the public informed.