This is the afternoon report on the Frank Carson et al. case by Marty Carlson.

This’ll be a brief report just kind of a synopsis as Tom Jensen and Warren Yates will also be submitted reports this evening.

As you know if you listen to my noontime audio report the hearing continued on into the afternoon and right up until fact a little after 4 o’clock and there were some interesting arguments going on and basically the judge was having a hard time accepting the Dist. Atty.’s representations. Robert Woody’s comments to his mother basically were what they call not in his penal interests and so is not allowed for the most part for Beverly Woody’s testimony to be allowed into record. The judge did chop it up somewhat certain parts yes certain parts no as what she seemed to do with all the stuff.

There was some representations by the DA which included questions and asked the judge if they were to come up with a new theory of the case if the judge would recruit reconsider some of her rulings, which is really a strange thing to ask and the judge gave her one of those judge like looks and it doesn’t change the fact that the cases been re-represented to the court now.

The judge also admonished the DA as she was obviously not prepared for this hearing and was not aware what was actually in the motions because she does not write her own motions, she has staff that does that and apparently she did not read or proofread and there were some areas that were not addressed in the Dist. Atty.’s motion in regards to some of the points and authorities made in the Martha Magana’s motion.

There’s some of it was taken under submission and will be ruled on probably next Monday as the judge needs to look at some of the transcripts and a couple case laws but basically the Dist. Atty. was not able to substantiate what she is trying to say for the most part, and the judge was very critical of her responses and was not letting her make long arguments like she normally does. In fact the judge was cutting her off and asking questions, and at one point she asked the judge’s she could finish her statement the judge says no.

Late in the day Melissa Ferreira got on her cell phone was sitting at the counsel table and court was in session and normally it is allowed if they get permission from the judge first, which she did not do in the judge chastise her and also stated something to the effect of come down off the bench and Bobby upside the head if you don’t get off the cell phone.

That’s pretty much yet in a nutshell this is how I am going to leave it, and let Tom and Warren write their reports.

And the biggest term of the day was a declaration against his interests, and I am going to do a special report on that in the morning or later on tonight, to give you a little clarification what that means.

And I’ll say it again this case has fallen apart as if there was anything to hold together in the first place, and if this District Attorney’s Office had any integrity they would walk into the courtroom and dismiss this God damn case.