FRANK CARSON et al 7-12-2016 (warren)


By Warren Yates


This is YATES-ZILLA arising from the ashes one more time. This is my commentary for July 11, 2016. Because of the anticipated decision expected from Judge Zuniga, by the time the doors to the court room were opened, the gallery filed and there was standing room only. Another person observed who had been as scarce as hen’s teeth in the courtroom, was the Modesto Bee reporter. Welcome back to the land the living, Rosalio.

Court started at 10:21 AM and there was some discussion as to whether the author of the motion, Martha Carlton Magana start or Mme. Dist. Atty. would start. The first whining by Mme. Dist. Atty. was when she said ” Well she brought the motion, she has to start”. So a whining we will go.

Ms. Magana indicated that Beverly Woody’s testimony was hearsay regarding Robert Woody. Miranda Dykes body wire captured Robert Woody saying that he killed Korey Kauffman alone. All of Beverly Woody’s claims minimize Robert Woody’s involvement in the murder. Beverly Woody also stated that she is proud to testify and would lie for her son Robert Woody.

The followers of my commentary know that I rely on my fellow “criminal type lice head asswipe bloggers” as a couple of us commentators have been called by an avid fan of the bloggers, to write all of the fine details whereas I just collect what information I can and try to put my special spin on it. So here goes.

Mme. Dist. Atty. stated that the hearsay exception was allowed and began to talk about a trustworthy exception for Beverly Woody which caused members of the gallery to chuckle. As Mme. Dist. Atty. began her machine gun repertoire, the judge had to caution her to slow down. This happened several times in the first hour. My guess is that Mme. Dist. Atty. must have stopped by Starbucks on the way to court and ordered a triple caffeinated lollapalooza.

In discussing Mme. Dist. Atty.’s answer to the motion, the judge said your answer has broad statements without substance. First slap! As Mme. Dist. Atty. was talking, the judge told her that it is not the judge’s job to figure out what the DA believes about conspiracy, co-conspirators and what testimony they should say. Judge Zuniga then admonished Mme. Dist. Atty. to focus on the moving papers. Second slap!

Then at another point the focus went to declaration against interest. Mme. district attorney asked for time to get her transcript. The judge said instead of her going to get it, have Special Agent Fingerfelt, darned spell check, Linferfelt retrieve the requested items from the District Attorney’s Office. So the Botox man, spell check is getting me mad, Bowtie man left the courtroom to retrieve the items.

Judge Zuniga then said that she could not find a single case supporting Mme. Dist. Atty.’s argument. Third slap! Mme. Dist. Atty. then said that Robert Woody told Beverly Woody what he did because he was worried something what happened to him. Then the discussion got into the People versus Duarte and People versus Leach and several other cases. Judge Zuniga then told her to limit her argument to facts that were in the record. Fourth slap!

Then there was some discussion about the body wire. As the discussion continued, Judge Zuniga then said” Mam, you’re missing the point”. Fifth slap!

This is turning into a stinging presentation by Mme. Dist. Atty.

Then Mme. Whiner, dad gum spell check anyway, Mme. Dist. Atty. uttered that the court had completely ignored what I was saying and didn’t let me get to this before being cut off. Judge Zuniga was then heard to say ” I am not going to make your argument for you”. Sixth slap! The judge then stated to Mme. Dist. Atty. that your papers are not helpful. Seventh slap! But the judge let her off the hook by saying that I know you didn’t do them and I know you changed the argument in the papers.

As the argument by Mme. Dist. Atty. continued it appears that she commandeered a smoke grenade from a deputy because it appeared she was filling the courtroom with smoke in her argument. Commentator Marty Carlson told me that he saw two people choking on the smoke and had to pull out their inhalers to catch their breath. Check with Marty about that. Just saying…

Judge Zuniga then, since it was nearing the lunch break stated that she would be examining the search warrants later. She stated that the search warrants are the property of the court and they should of been handed over to the court within 10 days. Now this case has dragged on for nearly a year and the judge indicated that there may be a statute problem with the warrants. As Chicken Little said running around in circles “the sky is falling, the sky is falling, oh dear what will we do?”. I need to check Aesop’s fables on Google to see how that one turned out.

Well it is after lunch now and starting out Mme. Dist. Atty. was talking to the judge about conspiracy and started to go off on a rant which the judge stopped and then said “Mam, I know the law. Don’t read conspiracy into the record.” Eighth slap!

Mme. Dist. Atty. then tried to bring in the state of mind of Robert Woody should he have one, a mind I mean, and Judge Zuniga said why is his state of mind relevant? Then Mme. Dist. Atty. starts blah, blah, blah to muddle, befuddle, bumfuzzle and bamboozle the issue. Judge Zuniga again had to tell her to slow down. She must have ordered another triple caffeine lollapalooza at Starbucks during lunch.

Then Ms. Magana referring to a case by the name of Greenberger which Mme. Dist. Atty. brought up told her that it was overruled and not on point here and that it was an old law. That law is superseded by Duarte. Ms. Magana then brought up People versus Lawley and the judge said that is not in your moving papers to which Ms. Magana replied “She brought up Gordon so I brought up Lawley”. That little fire was put out pretty rapidly by Judge Zuniga.

Ms. Magana then stated that Beverly Woody tries to minimize Robert Woody’s involvement. She tries to blame others trying to get Robert Woody out from under his body wire admission. If Robert Woody is unavailable it’s only Robert Woody or Martin Baker that would know. Ms. Magana then submitted her argument.

Then the discussion got going with terms such as exculpatory, inculpatory, penal interest, nonassertive conduct, Cal Crim 3402, culpable, less culpable, declaration against interest, hearsay wall and numerous others. They lost me there and that’s why I rely on Tom Jensen and Marty Carlson to pick up the slack there. Thank you gentlemen. Mme. district attorney then admits that her brief is short just as Judge Zuniga stated.

Then as Mme. district attorney was blah, blah, blahing, Judge Zuniga said “you need to stop. Focus on what you said. You keep mixing things up with two conspiracies going on”. Slap number whatever! Mme. Dist. Atty. then stated “I did not communicate artfully”. Mme. Dist. Atty. then requested leave from the court for a new brief. Judge Zuniga stated “NO”. Another slap! Judge Zuniga said “you should have filed it with your papers”. Another slap! I ran out of fingers and toes to count the slaps. Durn.

Judge Zuniga then said” You have been a source of irritation and I hope your ears were ringing”. I believe Mme. Dist. Atty.’s bell has been rung. Mme. district attorney said “Yes mam”. Oh another slap!

Okay the judge wants another break now to go over the motion submitted by Ms. Magana and what will be and what will not be allowed. So we come back into court and in the judge starts going over Ms. Magana’s motion. Now nobody in the gallery has a copy of motion so we don’t know for sure what page and line she’s talking about but that’s okay, we are just “gallery folk”. But as the judge started to talk she mentioned that there were many missing pieces in the DA’s theory and her argument was not supported by the record. Yeah I know, another slap!

Judge Zuniga also stated that Woody’s state of mind is not relevant and circumvents the hearsay exception so pooh on that one Mme. Dist. Atty. The judge then stated ” you have no idea how this pains me Ms. Ferreira”. At this point the smokescreen laid down by Ms. Ferreira had finally gotten to me and I had to leave. So please check out Tom and Marty’s reports.


  1. There has not been one shred of evidence presented that shows any involvement by the 8 Carson defendants.

    Now the main witness to This Disaster has most of her testimony thrown out.

    The judge needs to shut this down. It’s been a mockery up until now. But it’s gone beyond that. How much more can the district attorney want to punish these people.

    Dismiss the case in the interest of Justice.

  2. Lou: Absolute power corrupts absolutely. DA BF wants to break Frank Carson to the point that when we went in this case that he will be discouraged running a campaign to replace her because of her corruption. There were several attorneys in the gallery yesterday and one commented disgustingly that Melissa Ferrera has been the same for 25 years. She will lie and withhold evidence which is what she is known for.

    She obviously has a reputation preceded her prior to being brought into this case. Why did the mighty Dave Harris try to prosecute this case? Why is the judge afraid of letting Frank Carson the co-counsel in his own case when any citizen can present themselves in any court proceedings. It’s done every day throughout the United States except in Stanislaus County. Probably because DA BF knows that Frank Carson and the defense team can beat the best that DA BF has to offer.

    When people outside the Stanislaus County see the zoo of dirt bag witnesses that Melissa Ferrera is trying to make jump through hoops for their testimony, other people laugh at our District Attorney’s Office and hold them up for ridicule. There are many excellent deputy Dist. Atty.’s Stanislaus County and the conduct of their chief reflects poorly on them.

    Again I want to go on record and say that I can wholeheartedly support law enforcement that are trustworthy, honest and dedicated to their job. Unfortunately Stanislaus County has a few too many rotten apples in that barrel that ruins it for the decent ones. The lying and deceit that the prosecution is exhibiting in this case, makes a mockery of justice. And innocent citizens suffer at the hands of those crooked scofflaws purporting to be enforcing and upholding the law.

    Free the Frank Carson 8 and fry the Robert Woody 1.

  3. I know that Marlisa went to a law school with, from what I can tell, has a very bad reputation for turning out horrible attorneys. I apologize to anyone who might be a decent attorney from Empire Law School. My question is, is there any place where you can look up how many times it took a person to pass the bar? I would sure like to know how many times it took Marlisa. Is there any chance that Fladager assigned her to this case because by far she is the worst attorney in the DA’s office and she knew Marlisa would be the best way to punish the Carson 8? I mean like Fladager knew she had no case so she gave it to Marlisa so she would just screw it up more and drag it out this out a long? Mostly in an attempt to punish Carson, but she is wicked enough to drag the others through this too.

    On more thought, it pisses me off when I see “The Peoples versus ___________. ” I am a people and so is everyone else, I don’t know where I going with this, I just feel like I am not one of the peoples. I wish it read something like “Some Peoples versus____________”

    1. dawg417 – I am the guy people love because I am so honest, But then they get pissy when I do the same with them.
      dawg417 says:

      Marlisa Ferreira is a deputy chief da which means that she is one of the leading attorneys and in that office if she is the best they got they aren’t doing very well it doesn’t speak well for the status of that District Attorney’s office

      1. I know on your PodCasts you give her the benefit of the doubt and say she is a very intelligent person with ego problems, but are you starting to wonder if maybe she isn’t that intelligent? Might you have a different SOM after watching her for close to a year now? (I so wanted to just use SOM, I know it gets you all fired up and ready to go! Only one cup of coffee today! I just read SOM)

        1. dawg417 – I am the guy people love because I am so honest, But then they get pissy when I do the same with them.
          dawg417 says:

          As far as a legal mind she’s not that bad, but as a person he’s got a black heart and she’s really got a lot hate inside of her.

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