HER WORDS CAN BE USED AGAINST HER IN A COURT OF LAW
By William Thomas Jensen
Today was a watershed day for the defense in the Frank Carson trial. Prosecution witness Beverly Woody was put back on the stand for another day of testimony. Beverly continues to change her testimony. Our unofficial count puts her at nine different versions of what she has said about the death of Korey Kauffman. The defense attorneys seem to think that her testimony is becoming a changing point in this trial. Judge Zuniga seems to us to be more and more aware of the inconsistencies of her testimony. It would surprise me if the judge gives any weight at all to her testimony. I must commend the Modesto Bee reporter for sitting in on most of today’s testimony. There is nothing like writing a story you actually witnessed in person. Now sit back, and I will try to paint another picture of the never-ending testimony of Beverly Woody.
Defense attorney Robert Forkner continues his cross-examination today by asking Beverly about when her son Robert Woody left her home with his girlfriend Robin. He asked her if they were gone for around one hour, and returned around 9 PM in the evening. Beverly said “yeah, I guess.” Robert used a report to refresh her memory, and she said yes. Forkner asks Beverly if Robin told her that squad cars were at the Carson property. Beverly says no. Forkner asks whether Robert told Beverly of squad cars at the property. Beverly said yes. Forkner asked if another cop was there. She said yes. He asked Beverly if the cop left with Carson for Modesto to create an alibi. Beverly says yes. Beverly says somebody was in there with Carson. She was pretty sure it was his lawyer who was there for an alibi.
Beverly testified that Robert Woody was scared of the officer that told him to get back on the property and help clean up. She testified that the officer that was in the car that didn’t go with Carson told Robert Woody to clean up the mess.
Talk then goes to whether Beverly ever visited her son at the downtown jail. She says no. Beverly stated that she visited her son at the public safety center. Forkner asks Beverly whether that is where her son confessed to her for the third time. Beverly says yes. Beverly stated that her son is still in there. We know that is not true.
Forkner asks Beverly if she has ever been to prison before. She says no. Forkner asks Beverly if she has ever been convicted of felonies. Beverly says yes. Forkner asks Beverly whether it was concerning stolen property. Beverly states: “I’m not the one on trial.” Beverly asked the judge do I have to answer this question. The judge says she has to answer this question. Beverly says: “I don’t remember.” Forkner asked Beverly about a conviction she has for forging checks in 1994. Beverly admits that she had done this. Forkner asks Beverly about a petty theft conviction in 1993. Beverly admits that she had done that. Forkner brings out that in 1981 she had two counts of forging checks.
We are now treated to three taped interviews with Beverly Woody that were done by Kirk Bunch on February 26, 2014. The audio recording was unintelligible at first. After a few adjustments in equipment, it was somewhat easier to understand the audio recording.
Bunch tells Beverly: “We can work something out for Robert. He has to be very productive with full disclosure.” Bunch tells Beverly: this is a huge case. Bunch tells Beverly Woody that Robert said: “I’m the one that killed him.” “I put him in the mountains.” Beverly then tells Bunch that Bobby Athwall jumped on Korey Kauffman, and was beating him. Beverly says Robert jumped in, and pulled Bobby off of Korey Kauffman. Bunch tells Beverly Woody that Korey Kauffman was killed on Frank Carson’s property, and that Robert Woody got all wrapped up in this. Bunch tells Beverly that at some point you are going to have to help us. Bunch tells Beverly he might want to keep Robert Woody just as a witness, and not a defendant. Bunch says he would rather keep Robert Woody as a witness than make him a defendant.
Beverly Woody tells Bunch that the lawyer needed help to scare people off of his property. Bunch tells Beverly to not tell other people what we have talked about today.
At 11:41 AM, we start listening to a third tape between Beverly Woody and Kirk Bunch. Kirk asks Beverly if there have been any threats. Beverly talks about a car that made a rolling stop on East Avenue. She said the driver flashed a thumbs down, and made a gesture like he was shooting a gun. This happened on August 14, 2014, right after Robert Woody was arrested. Her sister Marsha was outside, along with another Robert Woody, Michael Woody, Robert Branco, and Dorothy Hibdon. She described the vehicle as being a white pickup from Pop N Cork. She said it was a newer model, and was kind of lowered. Beverly described a heavyset, blonde haired Caucasian. It is now time for lunch.
At 1:38 PM, we continue listening to tape number three. Beverly describes how their house has been bombarded by rocks that have been thrown. She states they don’t hear a car when this happens. She says that ever since Robert Woody was arrested, rocks fly all the time. Bunch is heard talking to Mary Woody. Mary tells Bunch: “That pipe was not mine.” Mary Woody then tells Bunch: “it was my hash.”
Bunch tells Beverly Woody that the defendants are going to be asking for bail on Tuesday, and that he will use this evidence of threats to make sure that they stay in jail. Beverly states that three-quarter of an inch to 1-inch river rock has hit their house, and broken windows.
Bunch tells Beverly Woody that Robert was on the Frank Carson property, and at the grave of Korey Kauffman in Mariposa. He tells Beverly Woody that Robert is now cooperating. Beverly tells Bunch that Korey Kauffman got beaten by Bobby Athwall, and that Daljit shot him in the back. She says that Robert was threatened to keep his mouth shut. Beverly Woody is heard saying the killing of Korey Kauffman “Might have happened in Modesto.” This certainly did not fit Kirk Bunch’s theory, so he told Beverly: “We know where it happened, and it happened on Frank Carson’s property in Turlock.”
Beverly Woody tells Kirk Bunch that Robert Woody tried to kill himself in Washington state. She said Bobby was out of control, and that Robert pulled Bobby off of Korey Kauffman. She said that Robin told her that a trap was set for Korey Kauffman. She said that a pipe was put in plain view on the Carson property. She said she didn’t know who laid the trap. Beverly said Robert did dope, and so did his dad.
Beverly Woody said that Daljit Atwall gave Robert Woody steroid shots in the hip. She said the shots made him crazy. She said that at one time the cops threatened to shoot Robert in the head. Beverly said that Robin told her Bobby’s truck was burned, and that Robert Woody burned it to hide the evidence. Gas was put inside and outside of the truck, and that they burned it. She said that Korey Kauffman was buried at Pop N Cork for around 6 months before being dug up and moved. This conflicts with the 28 days that the prosecution contends. Beverly Woody says Daljit Atwall bought Robert Woody a gym membership.
Beverly Woody told Bunch that Robert Woody had to do dig up the body of Korey Kauffman at Pop N Cork and take him up to the mountains where the body was tossed out. Beverly said a cop had told her that a set of boots, a jacket, and a shell casing from a 22 were found at the scene. She said there was a hole in Korey Kauffman’s back.
Talk goes to a hand saw that was seen at Pop N Cork, and how it was bought at Home Depot. Daljit had allegedly given people money to purchase this saw. Bunch is heard on the tape asking for a picture of it to be drawn. The saw was described as having gnarly teeth.
Beverly Woody asks Bunch if they cut Korey Kauffman’s fingers and toes off. Bunch tells her the fingers and toes were cut off. Beverly speaks of rumors that say his legs, arms, and head were cut off as well.
It is 2:35 PM, and we are back from our break. We continue to listen to tape number three. Bunch tells Beverly: “I wish Robert had come forward a long time ago.” Talk goes to the Athwalls giving $60 a week to put on Robert’s book at the jail, and another $25 a week for phone calls. Beverly says that Daljit Atwall figured Robert Woody was talking too much, and stopped paying that money.
Talk on the recording then goes into how the law enforcement guys would go into the back room at Pop N Cork where the Athwalls would have girls and provide expensive liquor. Beverly said Robert built that back room, and that there were no building permits for that room.
Beverly tells Bunch that Frank Carson told Robert Woody to be quiet, and I will get you off. Beverly then asks Kirk Bunch: “Did I help my son?” Kirk Bunch says:” You told us the truth didn’t you?” Kirk Bunch tells Beverly: “You are going to hear some very unpleasant things.” “Fingers and toes being cut off.”
We are now done with tape number three. Defense attorney Robert Forkner goes back on cross-examination of Beverly Woody. Forkner asks Beverly if she remembers telling Steve Jacobson about pipes on the Carson property. Beverly says yes. Forkner asks Beverly if there was a lot of talk on the street about arms, legs, etc. Beverly said yes. Forkner asks Beverly Woody if the bike was left on the Carson property. Beverly tells Forkner that it could have been left there. Forkner:” Heard lots of different stories?” Beverly: “Yes.” Beverly then states that her son told her what happened, and that she believes him. Beverly said that Robert told her that Frank Carson took off with the gun. Forkner asks Beverly if it is true that the first time you told about Frank Carson taking off with the gun was two days ago in court. Beverly said: “Yes.”
It is now 4 PM, and Beverly Woody is allowed to step down from the stand, and taken out of the court room. Defense attorney Robert Forkner requests several more video and audio recordings. Prosecuting DA Marlissa Fereirra seems very flustered by this request, and insists that they have been provided to the defense. Judge Zuniga seems very irritated with Marlissa at this time, and asks her for the Bates stamp number four these tapes. It seems as though Marlissa has been caught in further misconduct. We will find out more about this very soon. Court will resume tomorrow morning at 9:30 AM.
Sincerely; William Thomas Jensen (Tom)
SHOW ME THE PROOF MAAM
By Marty Carlson
The afternoon session started right in with playing the number three audio of Steve Jacobson doing an interview with the Woody’s about people throwing rocks at their house in addition to receiving threats. Couple people at the Woody house had stated that might’ve been Hispanic male driving by making a thumbs down gesture with his hand and then a sign of a gun with his fingers, then laughing and driving away. Must be noted to that they initially had said a Hispanic male but the investigator suggested a possibly he was an Indian male and then they agreed with that.
While the occurrences of harassment had occurred since Robert Woody had been arrested.
Mary Woody began rambling on about how she was arrested for having drugs namely hash, admitting it was hers but she was charged for having a pipe for smoking that hash that was not hers and she was very upset about that.
Beverly Woody had stated that Dalgit Atwal had pulled a gun on her husband about three weeks’ prior around August 1 of 2015. She also said that someone had put a pill in either her sons or her husband’s drink that they had received from the pop n cork, they said somebody had been trying to kill them, in addition she said someone at the store had slapped her husband on the back so hard they left a handprint. She also stated that the Atwals were constantly calling Robert Woody a pussy all the time.
After all this it happened she stated Robert Woody went back to work at Pop n Cork the next day with no fears about his safety. She also stated that the store was giving her free medications for allergies, along with drinks sodas, and beer for free. But also stated that her husband was always getting pills in the drinks from the store.
Her testimony kept getting a little confusing and sometimes she was referring to Robert in the statements and sometimes she was referring to Robin in the statements. She stated a Robin said they had told Robert to keep his mouth shut or the same thing would happen to him. In addition, Steve Jacobson was reading from the letter that was allegedly written by Robin Woody when she was sick, also the letter that they claim they did not have.
Another story was told that Robert had to pull Bobby offer Korey Kaufman, and then another story was told when they showed up Korey Kaufman was already dead. In addition, the story now reads as three people went over the Carson fence to steal the irrigation pipe and only two returned. In the video and they said that Robin said they had put a trap in the yard to catch thieves, and the strap was placed by the back fences.
Again Beverly Woody Talking about Robert then Robin in almost the same breath and it was confusing who she was talking about at times. But she also said in the audio interview that Robin said Robert was getting shots from the out walls to boost his steroid levels.
In addition, Beverly Woody said that Korey Kaufman was buried at the pop N Cork for about six months in the garden in the back. Another change in the story.
Beverly Woody’s said that she wishes Robert had come forward telling the truth a long time ago to avoid all this trouble, and the out walls continually said the Robert talks too much and then got upset because they cut off money that they were putting on his books.
She stated apparently Robert thought he was looking at about 10 years that found out due to the special circumstances in this case is looking at 25 years. She also said popping Cork had girls, drinks, and barbecues constantly with the police officers over there. She said Robert told her that on Fridays and Saturdays he was constantly cleaning up a mass left over from a parties the night before.
She went on to say that Robert had said that Frank Carson had told him to be quiet and he would get him out of trouble. She also said that she wants to help her son in any way she can and the investigator Jacobson told her if you’re telling the truth you are helping your son.
I thought an interesting thing that was said than was a narrative by Steve Jacobson how we talked about how the body was dismembered and parts have been removed. The recording stopped about that time we had finally reached an end.
Robert Forkner begin did asked Beverly Woody if she had heard they put pipes by the back fences bait, she stated she had heard a lot of stories like Corey being buried and dismembered, she stated there was a lot of rumors going around Turlock.
Robert Forkner then asked why didn’t she say anything before that Frank Carson had left the property with a gun. Miss Woody had no real response. At that time Robert Forkner requested the records of the interview regarding the family members on that day that had occurred earlier.
Ms. Carlton Magana stated there is a second interview they do not have but referred to that interview in their later interviews and had requested copies of those also.
Robert Forkner then requested a video or audio of transcript of the trip to Carson’s property that Robert Woody had taking investigators, in addition the trip to the mountains that Robert Woody had taken investigators on, and to the popping Cork alleged burial site that Robert Woody had taken investigators on.
Mme. DA began reading from records or documents in front of her, and Robert Forkner advised that’s not the day he was talking about.
Again Mme. DA stated that they have all interviews,
Again the judge insisted on the bates stamp of that documentation.
Again Mme. DA insist everything has been disclosed.
Again the judge asked if that interview had been recorded or not?
Mme. DA stated it was a casual talk that was occurring prior to investigator bunch arriving for the official interview, so now it was a casual talk and not an interview with the family of a homicide suspect.
The judge got that particular look on her face that judges get and stated I feel like I’m talking to a witness here and you’re being evasive.
Mme. DA advised that she will make sure there were no other recordings available and will turnover if they are. It appears that the judge is finally figuring out there are some fast and loose issues going on as far as discovery, leading the comments like the DA saying I believe I have fulfilled my Brady obligations, but not coming right out and saying if they’ve turned over everything they have or not.
Court was then in recess for the day to be continued tomorrow at 930.
Just another quick note it appears that Beverly Woody will be at be back on the stand in the morning that will probably be done by lunchtime, and then on to Mr. Patrick Hampton and we shall see if he continues on with that arrogant asshole behavior he displayed in court before, and this is all after he inserted himself into this case they did not go to him.
I believe that is what they call a snitch.
This is the lunchtime report of the Frank Carson preliminary hearing.
This morning started out was Robert forkner again on cross-examination Beverly Woody. Beverly stated that Robin had returned around 9 p.m. after dropping Robert off at the 9th Street address. There was no mention by Robin to Beverly at that time about squad cars being at the residence or even any officers being seen. I also asked if there any police lights on any overheads or any lights in the grill of the car which she stated that none.
She did repeat though the Carson had left with that Second Officer to establish an alibi and went to his office. In addition there was a another lawyer at his office. It was not very clear during her testimony how she knew that.
Attorney Fortner then ask her about her previous felony convictions of receiving stolen property and multiple counts of forgery comma and some petty theft with priors which makes them a felony. She did not seem too happy along this line of questioning and stated it’s not about her it’s about what happened in this case.
Then the first of three audio recordings was played it was of poor quality but it was a interview of Beverly Woody talking about Frank Carson and Robert Woody. Investigator bunch was Kentucky in the interview and was a talking about Franck Carson’s representation of Robert Woody. And they had also revealed they had found the body which beverlywood he did not seem to know.
Investigator bunch told her that they had Robert Woody on tape admitting that he killed Korey Kauffman he also went on to say they have been doing a lot of work due to the amount of people involved at evidence reveals that Frank Carson is involved , also stating that break hearts and will make Robert Woody the Fall Guy in all of this.
Beverlywood he started talking about if Robert started talking it could put his life in danger comma and Curt Bunch told her no one has ever had their life put in danger by talking to the cops. Investigator Bunch also stated that Robert would he will get consideration for talking. I guess there’s the deal.
Curt Bunch went on to say that lying in wait homicide bad things will happen later on if you don’t tell the truth. He said they set a trap and that is premeditation.
Beverly Woody then went on to say in the recording that the Atwal Brothers had some cousins that flew in and had taken care of Korey Kauffman and then left again and Robert had driven them to the airport. Take on a plane back to India.
Curt bunch then advised that Frank Carson was in the yard with a gun hiding and looking for thieves. Beverlywood he went on to say that Robert is not all there.
Beverlywood he said Bobby Atwal was crazy and out of control and was going after someone at the pop and cork but does not know who it was and it was unknown if it’s Korey Kauffman. Beverlywood he went on to say that there is a video of Corey Kaufman getting killed but it’s not on Frank Carson’s property. She went on to say there was a falling-out between the Atwal and Robert but they still gave him $4,000 to go to Washington to see his kids in addition they had previously paid $10,000 to get his teeth fixed.
Curt Bunch said he will go to bed for Robert Woody and will not arrest him that day if he comes in and talks. Beverly what he said she needed help to scare some people off.
As they were finishing the conversation the Second Officer there I believe to be John Evers stated do not tell others what they had talked about to jeopardize the investigation.
Then a second audio recording was played of an interview with Curt bunch and Beverly Woody for the investigator told them that the Atwal have been told not to go over to beverlywood his house again. He also stated that as long as Robert would he is honest he will not be arrested and his trying to get Beverly to get him to return to the residence that night. Vesta Gator keep repeating the fact that Robert will be out and not arrested if he talks to them soon and is honest.
A third audio was began where was the interview with Curt bunch and Beverly Woody and they had talked about an incident with a gun at pop and cork with Robert and a multiple of people who were at the store during an incident where Bobby had produced a gun, and then shortly there come over to the woody house.
She also talked about somebody driving a nice Chevy pickup that she believes is parked outside of her house when the outlaw and relatives came over, in addition to another incident where the pickup is driven by their house slowly after leaving the pop and cork and stuck their arm out the window with a thumbs-down sign at the house.
At that time the audio is stopped and lunch break was called to be returned back at 1:30 p.m.
Also as a side note at the Modesto Bee reporter was here for the morning testimony had talked to some defense attorneys for a change and left at the first break.
One of the issues in the Carson case last week was a stolen pickup that was found burned outside of Turlock. It seems that Mme. DA is again trying to show” consciousness of guilt” because the Atwal pickup truck that was stolen. Just for information I research some auto theft statistics for 2012 and came across the national insurance crime Bureau statistics for 2012.
Do keep in mind the Atwals pickup was a 2007 Chevy Silverado, and the prosecution contends, based on testimony of Beverly Woody, that the pickup was used to transport a body than burned to destroy evidence.
The NICB statistics show as follows:
For 2012, the most stolen vehicles* in the nation were:
|3.||Ford Pickup (Full Size)||26,770|
|4.||Chevrolet Pickup (Full Size)||23,745|
|7.||Dodge Pickup (Full Size)||11,755|
As you can see 23,745 full-size Chevrolet pickups were stolen in 2012, and here’s a breakdown by years:
|Chevrolet Pickup Full Size||23,745|
So just putting a little information out there, in 2012 there was 23,745 Chevrolet full-size pickups stolen, of those, 1047 of those were of the year 2007.
In recap Chevy full-size pickups were the fourth most stolen vehicle in 2012, it is a popular vehicle to be stolen here in what was described in court as a nation’s capital in auto theft.
Attached is a PDF file with all the statistics from the NICB.
Sad that this is what the world has evolved into