You have a Woody problem ma’am
by Marty Carlson
This is the afternoon report on the Frank Carson et al. case
the afternoon started with Jesse Garcia arguing to the court about the DA’s that are constantly trying to preserve a record of he doesn’t know what. And the jump to circumstantial evidence like the stolen book report that are such a stretch of the truth in this conversation does not add to that.
He stated talking about Ricky Cooley who saw someone in the Frank Carson’s backyard but no actual weapon was seeing, then two more guys showed up and then saw a long thing in his hands but did not see it later and was not sure it with if it was a rifle or gun or a pipe.
He also stated there was nothing in this phone call that is exculpatory it does not lead to consciousness of guilt or state of mind and he also states that the phone call was a marital privilege between husband and wife.
Interjecting my personal opinion in here right now I listen to that phone call and I listened to a man who is genuinely concerned and affectionate towards his wife.
The judge disagreed with the district attorney on this matter and Mme. DA felt the urge to argue with the judge some more after she had ruled in that area. Mme. DA try to argue that Georgia DeFilippo statement and state of mind and the judge ruling that is not relevant. She also stated that Frank Carson’s inconsistent with the caretaker’s statements and is she is allowing some limited statements in.
At this point I felt this is a very important ruling for Georgia DeFilippo with the conspiracy charges that she’s facing that may to just take her out of the woods but of course I’m not an attorney and I don’t really know.
The next wiretap played was on July 16 of 2012 it was a conversation between Robert Woody and I believe it was D Atwahl, and it was about a five second call with multiple objections as to relevance.
Mme. DA argued that behind Woody’s back of everyone’s talking bad about him but he is very responsive when they call him when they have a need at the store or whatever. She also stated that they use dominants to control and affect his conduct.
Jesse Garcia stated that the talk about Woody being trouble was actually Quentin are and not dealt teat. Dealt teat always talks about everyone with dictates. And that was not done in this call.
Attorney Hans also brings up Quentinar are but says the bottom line is the issue is simply telling an employee to come to work at the store when they need help to clean up the mess. Hans also use Mme. DA as an example as if Bridget Fladagar were to call Marlisa Ferrera she would have to do as she was instructed.
Martha Magana arts argued that it was not the Atwahls that called Frank Carson fatty but it was Praveen Singh who use that term and states that the call is not relevant as the DA has her facts mixed up.
The judge decided take it under submission after she hears some more wiretaps involving the same people she will make a ruling at that time.
The next wiretap was on July 17, 2012 it was Robert Woody and Daljt Atwahl were Robert Woody was talking about he had to go talk to a deputy or they would have come and arrested him another brief phone call.
Multiple defense attorneys objected as to relevance,
with Jesse Garcia arguing the first probably has at the transcripts are not accurate and so he is going to have trouble giving sites on the record without being able to have a cleaner copy of a transcript.
Martha Magana said she has an unclear record also was having trouble locating will the proper records and following the conversation along, there was some discrepancy about what exactly was said.
Jesse Garcia said it was about Robert calling gel G and doing so Woody is in equal on with these people and not subversive.
Martha Magana again argued that the conversation disputes the DA theory what they been saying all along during all the transcripts are being played.
Mme. DA says it dealt teat called Robert Woody and had juice Jacobson who is still on the stand confirmed that fact. Apparently the computer or the monitors recording the calls can put a bounder outbound for each call separately.
They went to ask a few questions of juice Jacobson the Martha was asking about the data sheet of the call and if it could identify who is actually called who. Outbound calls or not noted on the data sheet only inbound.
The DA then submit argued that the call is relevant and LG is showing concerned about Woody be in with the police. The DA also stated that shows relevance to the missing person case with Korey Kaufman and that they tell Quentin are that he wants Robert Woody is stay away but in this case the calls him and he still has a regular contact.
Jesse Garcia argued that the DA does not appear to understand what is being said and there is no consciousness of guilt and understanding
attorney Hans argued many of the previous conversations that were similar were not allowed as relevant.
Martha Magana argued that it was a simple phone call would DA out wall wanted Robert Woody to go to the store and help clean up simple as that.
The next wiretap was July 20, 2012 and it was D Atwahl and Robert Woody. And to the amazement of everybody in the room there was not one objection to the phone call which lasted just a few seconds.
The next wiretap was from July 20 of 2012 and it was in Punjabi so was played to headphones that only the out walls could hear.
Attorney Hans objected that it has no relevance or even has foundation that is questionable translation on this wiretap.
Mme. DA argued that was the day that there were private investigators at the store and they had called Woody to the store to talk to the private investigators that apparently Frank Carson had hired after the search of his property. The DA also stated that Frank Carson was doing damage control by hiring private investigators.
And she made another interesting comment where she said that sometimes the best defense is a good offense and we all know that’s kind of the practice that is being done in the DA’s office these days when somebody has litigation or even charges filed against him a DA’s office the DA office and I them in some type of chicken shit charge just my opinion.
Attorney Hans argued that there is a big discrepancy between the actual conversation and the DA’s representation of the conversation, he also stated is not relevant to the obstruction of justice charge.
Martha Magana argued just because someone’s upset that they’re being investigated for a murder is not consciousness of guilt, thus making it not relevant and she also stated there was a bad translation it in the documents. Not really a surprise with the type of people that they had doing it.
Percy Martinez argued that Frank Carson had hired investigators is not an obstruction of justice and there’s nothing wrong for someone who wanting to clear their name as it been put out all over the streets the Frank Carson was the subject of this homicide investigation.
Mme. DA stated that no one says it is illegal to defend themselves, actually that’s exactly what she said many times, and then began another long narrative about the entire case and rambled on in fact bringing an extreme frowned to the judge’s face again as I noted she was watching the clock just like she did that this morning.
Jesse Garcia’s argued that the DA offering a false psychology to an argument and seems to think that repeating an argument continually will make it true and as we all know that doesn’t work that way. He also stated that this disappearance by Corey Kaufman was a very notable event and well known throughout the community and they talk.
Attorney Hans stated it was unknown how D Atwahl had learned the information and the DA has not laid a proper foundation in addition is not relevant.
Percy Martinez said it is another occurrence to what he wants to find out, referring to Frank Carson.
Martha Magana added no one advise Robert Woody to shut up as the audio proves the mistake in the DAs argument.
The judge again chopped up some of these audios allowing parts and not allowing other parts and was admitting saying about hiring a private investigator as it is relevant and part of a possible homicide.
Due to the long arguments all day long and especially this afternoon we were well past 4 o’clock and the judge was going to stop for the day and Percy Martinez made a request to receive transcripts that were promised in December. Mme. DA advised that the transcripts were not done yet and there was only one that is done and so apparently in six months they can only prepare one transcript, kind of explains how this preliminary hearing is gone eight months so far.
The judge then inquired with Mme. DA about if Robert Woody was going to testify in this hearing and she eventually said that it was a situation the judge would have to make a decision about immunity on and Robert Woody was actually on the defense witness list at this time.
Off the record at this point but the judge advised Mme. DA that she had a serious procedure problem concerning Robert Woody. She stated that she argued that defense attorneys could not go in the other areas on the 115 testimony of the officers because Robert Woody was going to take the stand. And those are questions that could be asked of him. Now she saying she’s not calling Robert Woody to the stand but apparently is trying to depend on Beverly Woody’s testimony and it is a serious problem for her to get past as she made representations to the court and the attorneys and now is apparently not going to abide by them causing many lines of questioning to not be explored.
Mme. DA was not too happy about this news but apparently this is what happened when you play fast and loose and court was adjourned for the day to return tomorrow at 930.