WALTER WELLS FUNDRAISER SUNDAY SEPTEMBER 11

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FUNDRAISER DINNER FOR WALTER WELLS

9-11-2016 4:00pm

$25 PER PERSON

DRINKS-DINNER-AUCTION

SABATINOS ITALIAN CAFÉ

421 McHENRY AVE, MODESTO,CA

SEE TERI LOCKE FOR TICKETS I WILL BE THERE………..

THEY WILL PROBABLY BE AVAILABLE AT THE DOOR

BUT NO GUARENTEES…….

If you cannot attend or want to help more don’t forget his donation site at: https://www.youcaring.com/walter-wells-teri-locke-415169

Wazzup Dawg


With the court only running four days a week now I have talked to Tom Jensen and Warren Yates about doing a podcast on Saturdays now on blogtalkradio. With the current plan is to take a take a few minutes and do an audio recap of the week’s events. listed below is an email address I have set up for Dawgs Blog for people to send in a questions comments or otherwise for us to discuss in the podcast.

Contact me at Dawgonnitdawgsblog.gmail.com

People that just have cell phones can listen to the show by calling in at 646-787-8151 and if you have a comment or question we just hit #1 and it will queue you up and let me know that you want to say something.

Or you can click on this link here to listen online: http://tobtr.com/s/8876995 but you will have to use your phone to dial in the make a comment or ask a question. You can also listen to past recorded shows

I will be talking to Tom and or Warren on the phone and recording and then posting that recording. I have received a lot of comments and questions and I think there’s a lot of benefit to a lot of people to get some of these questions answered, and those two gentlemen can probably answer more than I could. You can stay anonymous if you like or you can have your name put to it if you like it’s your choice please specify in the message if you want to stay anonymous. There seems to be a great concern about that in this area right now and after this trial I understand why.

If you have a question about an email being tracked, it is possible to leave an anonymous comment on any one of the articles I post as I have to approve each and every one of them individually and I can save them for Friday. It is your choice but I would like to hear from you any concerns, questions, and or comments.

DAWG

Wazzup Dawg……..

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If you are looking for updates on The Frank Carson Case, or my Linda (copsucker) Taylor series, or AJ Pontillo series Please go to the category drop down menu to the right and click on the right category for your choice.

Or you can just enter the name of the person you are looking for in the search box.

Just for information I have changed the commenting and there is no longer a need to log in to do so. Feel free to comment but if it gets out of hand I will delete them but I encourage people to speak their mind as I do. This includes anyone from the Modesto bee who I have been very critical of.

Feel free to contact me by email : DawgonnitDawgsblog@gmail.com

Thank you for coming to my site.

DAWG

DAWGS BLOG PODCAST TONIGHT

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Dawgs blog podcast tonight at 7:00pm

People that just have cell phones or landlines can listen to the show by calling in at 646-787-8151 and if you have a comment or question we just hit #1 and it will queue you up and let me know that you want to say something.

Or you can click on this link here to listen live online: http://tobtr.com/s/8876995 but you will have to use your phone to dial in the make a comment or ask a question. You can also listen to past recorded shows. Listening on Blogtalkradio can be very difficult at times though.

I upload the show to my site once it gets processed and it is much easier to listen on my site than that screwed up Blogtalkradio.

Send me messages on Facebook or email at Dawgonnitdawgsblog@gmail.com with any subject matter or questions. Remember you can stay anonymous with your comments or questions.


DAWGS BLOG PODCAST TOMORROW 7:00pm

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Dawgs blog podcast tomorrow at 7:00pm

People that just have cell phones or landlines can listen to the show by calling in at 646-787-8151 and if you have a comment or question we just hit #1 and it will queue you up and let me know that you want to say something.

Or you can click on this link here to listen live online: http://tobtr.com/s/8876995 but you will have to use your phone to dial in the make a comment or ask a question. You can also listen to past recorded shows. Listening on Blogtalkradio can be very difficult at times though.

I upload the show to my site once it gets processed and it is much easier to listen on my site than that screwed up Blogtalkradio.

Send me messages on Facebook or email at Dawgonnitdawgsblog@gmail.com with any subject matter or questions. Remember you can stay anonymous with your comments or questions.

FRANK CARSON et al 8-30-2016 (marty)

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INVESTIGATORS LIED ABOUT RESULTS TO ATTY

by Marty Carlson

August 30, 2016

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This is the afternoon session of the 402 hearing on the information on the polygraph taken by Robert Woody.

Court started at 1330 Hours Court time but it was actual 1343 real-time. And Melissa Ferreira was addressing the court talking about some case law and the government failing to call a co-conspirator as a witness. The court ruled in that case that there was no prosecutor misconduct and they did not mislead or nor did they deny justice. Mme. DA stated that there was enough information for the defense to conduct proper investigation for their issues and that is the same as this case.


Martha Magana argued that the DA is reading from transcripts during argument and that puts the defense at a disadvantage. We have heard this argument before, namely by Jesse Garcia and he also joined in on this request also. We then had a long delay in the hearing for copies of just that section of the transcript for all attorneys to be able read from, not to mention translators.

Once that was done Melissa Ferreira again says the video shows all parts of the poly and the questions in the pre-test interview are what is being discussed here. Mme. DA stated that she has no duty to videotape pretest interview and the examiners testified that it is not always done. Again Melissa Ferreira began reading from the transcript again and stated that they were given to Woody’s attorney, meaning the results. She stated that agent Jefferson formulated the questions after reading the defenses cross on Jefferson and they were stating that Woody had a chance at any time to terminate the exam.

Jefferson said Woody never said anything about watching the Carson property because Jefferson would have never asked about that. The pretest she stated, was covered in his report that he wrote 29 months later. But offered no explanation why no report was written at the time. She also stated that nothing was vetted out from the test as all was revealed in the testimony and the report.


Again at that time Marlisa Ferrari fell on her sword for the cause and said it was her fault this information was not brought out sooner. She made an interesting argument at that point saying the Martha Magana was aware of the polygraph all along because had it asked about it several times throughout the hearing, but there is no information available as a denied it until recently.

She stated the defense is asking for sanctions on the belated exposure of this information but the defense has failed to provide the court specific facts of denial of due process. She then began to read into more case law and stated the defendants had not been compromised by late disgorge her or evidence being revealed. She also said that Robert Woody can still be cross-examined by defense attorneys. She also claimed that the district attorney would be willing to delay this hearing for 30 or 60 days, yes that’s what she said, for them doing investigate what happened here.

She also stated there were no reprehensible or deceptive actions taken by the District Attorney’s Office or staff and that sanctions are not appropriate. Nor would be appropriate for the dismissal or exclusions of the case or Woody’s testimony.

Percy Martinez argued that the polygraph information was not kept with the DA’s case or they would a received it in discovery. And there were as many times stated by the DA’s office “there was no polygraph.” But they now know that was not true. Percy also stated that reports are written immediately after polygraphs, but for some reason this case they were not. He also argued that the investigators and the DA had a duty to turn over all discoverable material. And it was not discovered that there was a polygraph taken until Bruce Perry, Woody’s attorney, and reminded the DA that there was one taken. He stated that no way that it should been necessary for Mr. Perry to remind the District Attorney’s Office is such an important thing, and he stated that there is been important information that has been lost due to the length of time past with no type of documentation done at the time.

Percy went on to say there aren’t there always reports written and or video taking in just about every case that he has seen except this one. He stated this is unacceptable behavior by the District Attorney’s Office and the defendants have been prejudice by the length of this hearing, and the Dist. Atty. calling for a long delay is even more outrageous and causes every parable harm to the defendants, four which are still in custody.

Percy stated that Robert Woody is a soul witness in this case and the Dist. Atty. has an obligation to reveal all information, in fact he said they had a duty to reveal all information. And he referred to Marlisa of Ferreira’s comment from the other day when she said this polygraph information was a distraction to the hearing but to the defense is a valuable information.


At that time, we went on break and when we returned the judge was giving all attorneys some case law for them to research for tomorrow’s argument and another 402 hearing, and she had received an SDT from toilette me sheriff’s office in reference to a subpoena by Jesse Garcia and that had unknown content. Seeing that was probably some information in regards to Robert Woody she asked Bruce Parry permission to open the package. And basically it was a letter from Tuan a County saying they do not have the information that was subpoenaed. They then went into a long discussion about some scheduling and the 402 hearing tomorrow that’s going to be heard at 930.

Jesse Garcia’s response to the Dist. Atty.’s argument on the 402 hearing was talking about case law the DA had referred to in the Brady issues. He stated that the polygraph is a recantation of previous statements that Robert Woody had made. Woody had continued to maintain in a sense until 2014 and what they were saying all along was a lie.

Now an interesting note happened that I was not aware of, the investigators that were at the polygraph, and there were three of them Kirk bunch, Dale lingerfeldt, and Steve Jacobson, apparently decided to lie to Woody’s attorney about the results of the test. What I understood during Jesse Garcia’s argument is that Woody had actually passed the polygraph but they told Bruce Perry that he had not. Knowing full well that Woody’s attorney would a relay that information to him, and trusting and what he says.

Now the polygraph results itself are not admissible, but statements and actions by all involved are an effort Jesse Garcia is arguing. He also stated this is another prior inconsistent statement. He also stated that he has at a disadvantage because he had no transcript of the testimony in this hearing that the DA and the judge kept referring to.

Not Jesse Garcia within in to some of the issues but he was basically saying it was misconduct to deceive Woody’s attorney as to the results. And he began reading case law and polygraph responses by individuals. The judge then interrupted him and said she is not going to hear arguments as of polygraph results. But Jesse Garcia stated he is arguing they used the polygraph results to deceive Robert Woody and his attorney, in order to obtain a confession.

Tim Rayne them began arguing that this is Robert Woody saying he lied about his other involvement and he wanted to clarify. Woody’s lawyer conveyed the results to him, and his lawyer being a person of trust, that trust was violated. He also stated that the some of the statements made in the past by Woody and his mother Beverly Woody shows a pattern of misconduct by many involved especially concerning Walter wells. At that time Tim Rayne requested Walter wells be released on his own recognizances and then he may consider taking more time to investigate this issue.


Hans agreed with Tim Rayne as stated their other factors that there have been in the 10 months of this hearing and the massive evidence it’s been heard, but no actual direct information just Woody’s word on what happened. And that Woody had succumbed to pressure by investigators in the Cooley incident was only a stare down no more, a number of people at the property is actually in question. The cell phone evidence was of no value where it only showed up algae was at the store working and that’s at the same cell phone tower and sector as a Cooley residence. In addition, the cell phone records show the timeframe of the event night shows no unusual occasions or activities.

He stated the cook testimony showed that Korey Kauffman’s phone was shot on and off and only was done so when Eula Keyes had dialed the number. All the evidence depends on credibility of Robert Woody and all of the evidence alone do not mean anything are actually even make sense. He stated the polygraph was an another piece of evidence that does not fit in this case, because Woody was interviewed and told his facing the death penalty at or life in prison for his involvement.

Hans stated the polygraph was another recant of previous statements by Robert Woody. He also stated there was no recollection by agent Jefferson due to the time that it passed, and all the case law is quoted by Melissa Ferreira was nowhere near relevant to the issue at hand. He stated the defense has been disabled in this issue due to this violation and that he requested his client be released immediately.

At that time, it was right at 430 court was called for the day and this ongoing hearing will be continued until 930 tomorrow morning were Martha Magana will be able make our final argument on the polygraph information.

FRANK CARSON et al 8-30-2016 (tom)

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FRANK CARSON CASE

08/30/2016

BY WILLIAM THOMAS JENSEN (TOM)

It seems as though the people in the audience were photographed, while in the parking lot by Investigators recently. We heard this brought out in the courtroom this morning. I fully expect several of us to be harassed while driving around town, for reporting what we see in a public trial. Our First Amendment Rights will be trumped by the desire to intimidate us to the point that we will go away. This will simply not happen. I have dedicated nearly a year of my life to reporting on this fiasco, and intend to see this thing through to the final ending. It is simply the most important thing that I have done in my life.


We start out the morning session with defense attorney Percy Martinez bringing up the photograph incident that happened on August 01, 2016. I was totally unaware that any of us were being photographed. Percy Martinez states that DA Investigator Kirk Bunch (Bunny Jowls Himself) was seen taking photographs of the audience while we were in the parking lot. Percy stated that he” “Wants this to stop.” Percy requested all copies of any photographs that were taken.

Marlisa Ferreira responds by saying that she wants to know who reported this incident, and that this person should be put on the stand. She stated that: “This is absolutely not true, and it is just another example of how the audience is interjecting themselves into this case.” She stated that this is an unsupported, baseless allegation.

Judge Zuniga stated that many months ago, she had announced in the courtroom that she did not want anyone from the audience bringing up what they have seen with the Officers in the courtroom. She tells Percy Martinez that: “Your comments are noted.”

At this time, Robert Woody’s attorney Bruce Perry asks for the large envelope containing transcripts that were taken from Robert Woody’s jailhouse cell in Tuolumne County. He wanted to go over the transcripts with Robert Woody who was being held in a separate room in the courthouse.

Defense attorney Timothy Rien was back in the courtroom today, so Judge Zuniga gives him the opportunity to make his arguments on the 402 Hearing on the issue of Brady Material being withheld. It concerns the polygraph of Robert Woody that was just turned over two weeks ago to the defense attorneys. The prosecution had been hiding the existence of this polygraph for almost 2 ½ years, and it contains a plethora of exculpatory evidence.

Timothy Rien states that the issue is whether there is a Brady violation, and the possibility of striking Robert Woody’s testimony, and the possibility of striking the Proposition 115 testimony given for Robert Woody by several investigators. Rien states that the defense attorneys were not equipped with this exculpatory evidence during the Prop 115 testimony by investigators for Robert Woody, and were unable to do an adequate cross-examination on them. He cites the People vs Jenkins. He states that this case had to do with non- disclosure that happened before the Preliminary Hearing, and that the disclosure only happened until 12 months after the Preliminary Hearing. He stated that the evidence that was withheld was inculpatory, but still was a Due Process violation. He states that this evidence was inculpatory, but was not disclosed until it was too late for the Prop 115 testimony.


Defense attorney Martha Carlton-Magana states that: “We started with Judge Manukian’s order for the prosecution to disclose all evidence very early in this hearing. She states that: “We have a violation of that court order.” She cites Smith vs King as case law that would apply to this situation. Martha states that: “There is no physical, forensic, or other evidence from any other witness in this case. Martha states that there are only 6 major interviews of Robert Woody, including the polygraph examination. She states that the prosecution was aware of the polygraph all along.

Martha talks about a large pattern of hiding evidence in this case. She talks about 10 series of questions that were asked to Robert Woody concerning his involvement with the killing of Korey Kauffman. Martha speaks about how Robert Woody made statements about learning about the details of this case from people on the street. Martha states that Woody denied knowing who killed Korey Kauffman, or who was involved in the killing of Korey Kauffman. Martha states that Woody said that he was the one who asked for the polygraph to be done. She states that Woody said that he wasn’t there when Korey Kauffman was killed. She says that Woody stated that: “To me, they were wanting to make a case.” I notice at this time, that Marlisa Ferreira is biting her lip, and Kirk Bunch was turning bright red. Woody: “They don’t want to believe me, do you know what I mean?” Kirk Bunch’s Bunny Jowls are jutting out like Buggs Bunny at this time. Woody: “They are trying to say that the guys at the store were involved, I don’t know for sure, I don’t know if they were involved.” Woody: “They think Pop N Cork was involved.” I notice a big contrast between Kirk Bunch and Marlisa Ferreira at this time. She was white as a ghost, and Kirk Bunch was bright red. Martha states that Robert Woody lied to make the case against him go away.

Martha Carlton-Magana states that: “We didn’t have any recording of Robert Woody’s recantation of 03/01/2014 until we found the polygraph examination that had been hidden by the prosecution. She states that Special Agent Brodie can be heard on the polygraph mentioning conversations that were done with Robert Woody while he was driven from Tuolumne County. This happened on several occasions.


Martha states that Marlisa Ferreira has said in court that Robert Woody never recanted his confession, and that Woody recanted within days of being arrested. She speaks of Woody initially saying that he threw the black bag of fingers and toes into the Merced River, then 24 hours later saying that he scattered the contents of the black bag in the bushes at the burial site in the mountains.

Martha states that the defense attorneys did not have this information for use with any of the other witnesses in this Preliminary Hearing. She states that this is not the first violation of Brady Material that has happened in this Preliminary Hearing. Martha states that the court can fashion any type of sanctions it wants. She mentions the possibility of striking all the Prop 115 testimony for Robert Woody, and striking the actual testimony of Robert Woody himself.

Defense attorney Robert Forkner speaks about the numerous time during this Preliminary Hearing where Marlisa Ferreira would mis-speak, and DA Investigator Kirk Bunch would lean over and whisper in her ear, so she could correct herself. Forkner states that Kirk Bunch never corrected Marlisa when she denied that Robert Woody had ever done a polygraph examination. I am sure Marlisa was aware all along that this examination had occurred. Kirk Bunch is more red in the face at this point than I have ever witnessed.

Judge Zuniga then gives Marlisa Ferreira the chance to respond. This was not a typical Marlisa rant. She spoke in a subdued tone, and measured her words. She points out a few errors in the transcripts where the defense attorneys had assumed they were listening to the voice of Kirk Bunch during the polygraph. She admitted that Bunch could be heard several times during the polygraph. Marlisa tried to take the blame away from Kirk Bunch for the non-disclosure of this Brady Material. She said: “It was my duty to disclose this information, not Kirk Bunch’s responsibility.”

Marlisa then goes into case law that covers the types of sanctions that could be handed down for her misconduct. She cites a case named Whalen. She cites Brady vs Maryland, Kyles vs Whitley.

Marlisa says that Special Agent Jefferson was acting on behalf of the prosecution team. Marlisa: “We acknowledge my fault.” She states that the issue is whether it was “Material” to this case. She argues that this situation has occurred during the Preliminary Hearing, and that all of the previous witnesses are subject to being recalled to the stand. Christ, we are now into the 11th month, and she expects us to do this all over again. What an idiot I think she is to even say something like that.


Marlisa brings up some other evidence that could possibly implicate the Athwals in this case, including Daljit Atwal driving over to Korey Kauffman’s and making threats just days before he went missing, and Baljit Athwal driving over to Michael Cooley’s house and confronting him. She mentions Kathy Grinnolds seeing three people on the Carson property the night that Korey Kauffman was allegedly killed. Marlisa states that the prosecution might lose exculpatory evidence by having Woody’s testimony, and the Prop 115 testimony thrown out. She states that this could possibly hinder their defense. I really don’t think Marlisa cares if the defense inadvertently hinders it’s case. She is grasping at straws. I heard rumors of some people seeing her cry as she left the courtroom. Poor Baby.

It is now time for our lunchtime break. Marty Carlson will be reporting on the afternoon events.

Believe me, The Truth Is About To Set Them Free.

Sincerely; William Thomas Jensen (Tom)