Frayba Tipton, and her husband, William Tipton, are charged with fraudulent claim for insurance payment, perjury, insurance fraud and embezzlement.
Frayba Tipton is the first witness called by her defense attorney during the fourth day of the trial.
She cried when her defense attorney, Russell Humphrey, questioned her about a black 2004 Mustang seized for nonpayment at their home at 27771 S. Fagan Road.
Investigators from the California Department of Insurance Fraud Division took the Mustang, along with two other vehicles, on June 14, 2012.
“We tried so many times to settle this thing,” she said. “We would have given it (the Mustang) back if the bank asked. It was always our intention to pay it off.”
She said it was her belief that the prosecutor was being unfair to her family, because she was from Afghanistan and a practicing Muslim.
Although she claims to never receive delinquency notices, San Joaquin County Deputy District Attorney J.C. Weydert questioned her as to why investigators did find the notices inside her Fagan Road house in June 2012.
She said she didn’t remember receiving them, but later testified maybe one of her children or their nanny brought them inside the house without her knowledge.
When the couple purchased the Mustang in 2006, she said they could have bought it outright, but they chose a loan from Tracy Federal Credit Union to help her husband build up his credit.
When Weydert asked why they defaulted on the loan, she said, their “financial situation” had changed. She said they were also dealing with a fire that damaged their Fagan Road house on July 5, 2008.
“We wanted them (the bank) to settle with us,” she said.
After the fire, she said her family moved a few times over a year and a half. She said they lived at each house for approximately six months or less before moving back to Fagan Road in 2011.
Weydert asked her if any bank notices came in the mail, and she said they used a post office box. When he asked if they ever checked the box, she said, “It was under William Tipton, so he would go pick up the mail.”
She said she and her husband tried to work with bank officials, but they were told the matter had to wait until the criminal case was settled.
Judge Lauren Thomasson decided to end testimony for the day and scheduled it to continue Thursday, Aug. 1 at 9 a.m. in Department 14 of San Joaquin County Superior Court.
Weydert told the judge on Wednesday that he planned to call rebuttal witnesses.
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