GENTLE BUT EFFECTIVE CROSS EXAMINATION/FRANK CARSON CASE
By William Thomas Jensen
Today started out with defense attorney Timothy Rien doing cross examination of Beverly Woody. Timothy used a very gentle approach, in his cross examination, and turned up the heat at the very end. Speaking to Beverly Woody, Timothy Rien said” you love your son and don’t want him to get in trouble.” Beverly Woody testifies that” it is not up to me; it is up to the courts.” She then says that he was involved with the murder. Timothy Rien asked her if she had had discussions with the DA on her son’s fate. She said no.
Timothy Rien then goes into an interview on her that was conducted by Kirk Bunch on February 26, 2014. Timothy Rien:” did you know everything then that you know now about the Korey Kauffman case?” Beverly Woody says Robert Woody told her everything after he was arrested. The February 26th interview occurred in her house.
Robert Woody told Beverly: “Mom don’t think I’m a monster.” Beverly stated that Robert Woody did not want to tell the authorities the truth because he was promised he would get a lawyer by Daljit Atwall. That promise was broken, according to Beverly. Beverly stated that Robert Woody talked to me in my room one night and another time during the day. She stated Robin drove Robert Woody over to Frank Carson’s property. This was before the porch telephone call. Beverly stated that Robert Woody was in the jail for one and one half years before he told the truth. Timothy Rien asked Beverly Woody if Robert Woody told her that he personally killed Korey Kauffman. Beverly Woody said Robert was involved, but was not the actual killer. Timothy Rien gets Beverly Woody to admit that Kirk Bunch told her that Robert Woody confessed to the murder. An informant had worn a wire and Robert had confessed to the murder. The informant was told to wear a wire, and she would get her children back.
Talk then goes to Steve Jacobson and Kirk Bunch telling Beverly Woody that Robert has a very good heart. Beverly states that Robert Woody was trying to stop it. Robert Woody allegedly told the Atwal’s: “let him go, he has learned his lesson.” Robert Woody told his mom that he wanted no part in it, and that he tried to walk out, and that is when he heard a shot. Beverly stated that Robert didn’t beat or shoot the guy. Timothy Rien tells Beverly Woody that Kirk Bunch told you it was murder with special circumstances. Beverly admits that this was told to her. Timothy Rien tells Beverly that Robert Lee told her that a woman wore a wire, and that he found it, and destroyed it. Beverly says Robert destroyed it on the porch. Timothy Rien says Bunch told you he heard words only your son would have known if he was the killer. There was an objection to this that was sustained.
Robert Woody went in to Modesto and turned himself in to the police. Timothy Rien asks Beverly whether Kirk Bunch had told her that he would rather have Robert Woody as a witness rather than a defendant. Beverly says no.
At 10:15 AM defense attorney Jesse Garcia was looking very uncomfortable, and asked whether we could take a break at this time. The request was granted. At 10:36 AM we are back in court. Defense attorney Robert Forkner requests recordings of the meeting in the jail with Robert Woody and his mother. Robert Forkner stated that he had received no recordings of this visit. DA prosecutor Marlissa Fereirra stated that Robert Woody was in the public safety center and no recordings are made at that facility on visits. Several of the defense attorneys stated that was not true. Judge Zuniga instructed Marlissa Fereirra to have the people in your office check into this and give me the date of the visit.
Still talking about the February 26, 2014 interview, it was brought out that Robert Woody was arrested two days after the interview. Beverly Woody states that her son thought he had destroyed the wire, but Kirk Bunch said he heard Robert Woody confess on the recording. Timothy Rien asks Beverly Woody if Kirk Bunch had told her that Robert was like the key holder like Moses. She said no. Timothy asks her if Kirk Bunch sent him a text message telling him to turn himself in. She said no. This is in direct conflict with the testimony of Kirk Bunch. Timothy asks Beverly if Bunch wanted her to convey to Robert Woody that Kirk Bunch had him recorded on a wire. Beverly said no. Beverly Woody then said Kirk Bunch wanted Robert Woody to turn himself in. Timothy Rien gets Beverly Woody to admit that Robert Woody’s confessional talk happened before she met with Kirk Bunch.
Beverly Woody denied her sons involvement with the killing when Kirk Bunch interviewed her on February 26, 2014. She told Bunch that: “yeah, my son is not a monster.” Timothy Rien asked Beverly Woody if Kirk Bunch had asked her if Korey Kauffman had been beaten. She answered yes. Timothy then asks if Bunch wanted to know if Korey Kauffman had been shot. She said no. This is hard to believe. She told Kirk Bunch that Korey Kauffman had been killed on his own property. Beverly stated that she didn’t want to say anything. I think a whole bunch of this is happening during her testimony. Beverly denies that Kirk Bunch said he wanted her son only for a witness. Timothy Rien asks Beverly Woody if she told Kirk Bunch that her son went over to Frank Carson’s property after he got off of work. She answered yes. She stated Robin drove him over there.
It is brought out that Beverly Woody had Valley fever before her son was arrested for the murder. She stated that she has lost a lot of memory. She was hospitalized at Emmanuel Hospital in Turlock for the condition. She stated that she still has problems, and takes 22 pills a day for her ailments.
Talk then goes to on August 19, 2015 meeting at the DA’s office with her son. Many family members were there. She said DA Investigator Steve Jacobson asked her about the letter that was allegedly written by Robin. This letter was discussed during the family visit.
Beverly Woody said that after the body of Korey Kauffman was buried at Pop N Cork for 29 days they put Robert Woody on a bus to Washington state. During the family visit at the DA’s office, Steve Jacobson had asked her if she knew Walter Wells. She was asked how many cops had gone to Frank Carson’s properties in 2012. She stated that one cop had gone there. Timothy Rien says: “Yesterday you told us about an officer who told Robert Woody to go back on the property and clean up the mess.” Beverly Woody admitted she said that. She stated that the officer lived around the corner from me. Timothy Rein reminds Beverly Woody that she had said the officer was a Turlock police officer. Beverly stated that all cops look the same to me. Discussion then goes to how she referred to this officer as one her son called “U.” She seemed to be very confused about whether it was officer “U” or officer “Q.” Beverly Woody stated that she doesn’t like cops. She stated that her son was beaten up by the Turlock police department. She stated I can’t trust any of them. How could anyone trust Beverly Woody. Beverly Woody stated that her son was scared of the officer who made him clean up the mess.
Beverly Woody stated that she knew Korey Kauffman was dead from her son once it happened, and that her son was arrested at 5 AM while he was going to work. Korey had told his mom that they are going to arrest me. She told him to tell the truth. Beverly Woody stated that they talked through the little vent during the jail visit at the public safety center, rather than using the phone.
Beverly Woody says that when she broke for lunch yesterday, she left with Chris and Beverly who are family members. She stated they did not discuss Walter Wells. Beverly said she studied and studied and tried to remember his name. It was brought out that Steve Jacobson had sent Beverly Woody a letter telling her that she was going to testify. She called Steve Jacobson last Saturday. Timothy Rien asks Beverly Woody if her son told her that Steve Jacobson had asked him if Walter Wells was at the Carson property that night. She said no. She then said that she did not know what her son told him.
Timothy Rien is now done with cross examination of Beverly Woody. It is now time for lunch. It turns out that I must attend to some personal business after lunch, and I am unable to attend the afternoon session. I am sure that Marty Carlson and Warren Yates will do a fabulous job reporting on what transpires.
Sincerely; William Thomas Jensen (Tom)