Court day 108
ROBERT WOODY TO TAKE THE STAND
By Marty Carlson
Court started this morning at 10 AM court time which was actually 10:20 AM real-time. The morning started with the DA talking about the court was supposed to update the transcript of the keys Hobbs body wire and the judge advises that she was not aware that you’re supposed to do that. Judge also decided that there was nothing in the record as she kept reading back on the transcript of last Thursday. After a lot of discussion by all attorneys it was finally figured out there was a short comment earlier in the day Thursday where the judge said she would check the transcript and there’s some things that she will update.
Officer Navarro took the stand to validate a CD that contained the body wire to keep Steve Hobbs was wearing to record Robert Woody talking about the Korey Kaufman case in this recording was done around may 25th of 2012.
Jesse Garcia objected to the transcript of the wire been entered into evidence and the judge advised him that he cannot object to something being submitted to the court as evidence.
Officer Navarro confirmed the recording on the CD was in fact a body wire worn by Keith Hobbs.
Martha Magana objected as this was second and third level of hearsay as there was nothing of direct evidence contained on the CD only talk about some things that they heard from relatives and the like. All in other attorneys joined in that objection.
The judge inquired to the DA saying it is hearsay and cumulative which she DA argued it was not of course. She said Woody admits to Frank Carson is his attorney and other Tao T outlaw interests were involved in the statement. The judge was obviously having trouble understanding what the DA is doing in addition the judge appeared to be researching something from a book up on the bench.
Percy Martinez argued that Carson was confirmed as Robert Woody’s lawyer in previous testimony and was willing to stipulate the Carson was Robert Woody’s attorney up until sometime in early May 2012.
Melissa Ferreira says it is for a different purpose she is trying to show threats to Michael Cooley by Robert Woody and the Atwahls.
Martha Magana argued the Woody threats are not relevant as he is not a party to this action and it’s all hearsay.
The Dist. Atty. stated it shows a consciousness of guilt by the defendant which I put several question marks after, Which I didn’t understand what she was talking about.
Which the judge replied and asked if that was another uncharged conspiracy in this case this want to hurt Michael Cooley.
Martha Magana argued there was no evidence on the tape of any type of Carson connection whatsoever because he’s Hobbs is a one omission Frank Carson not Robert Woody.
The judge overrules the objections but with the possibility of a motion to strike later as she does everything,
Jesse Garcia argued that the DA’s argument is faulty and it is hearsay and again not party to this action. Again all attorneys joined in with that objection.
The judge notes all objections told the DA to go ahead and play the audio with the subject a motion to strike of course, and with the audio was played it was virtually of undecipherable by the audience and let’s get the transcript which we did not have of course we were Mabel make heads or tails out of it.
Jesse Garcia wanted to recross Navarro in regards to his contact with Hobbs and asked him if he was aware of any drug use by Hobbs in Navarro said no of course, he was also asked Navarro if you’d ever worked in the narcotics unit which he had asked him if he was ever certified as a drug recognition expert, which he said he had not. It also asked Navarro if you’d heard about Hobbs subsequently armed robbery in October 2013, which Navarro said he had. And Jesse Garcia also asked him if you’d ever talk to booked Hobbs before and he stated he had not but then got reminded by Jesse about a another incident which he had to restate that he had talked to him.
Percy Martinez took over cross and Navarro stated that John Evers had introduced Hobbs to Navarro, now remember Frank Navarro had trouble remembering if you’d ever talk to Hobbs before, or even Charlie O’Dell before, but are very quick to remember where he first saw and talk to Keith Hobbs when they got into where the body wire was on East St. at the intersection of another street in Turlock. The Navarro was able to remember the streets quickly and even included the spelling of them.
We took a short break and when we returned the judge was advising the attorneys that there was a copy of the search warrant that had been sent to judge Abdallah in San Joaquin County and rejected. Apparently the original document was not kept by deputy Barrangar of the Sheriff Department ‘s all they had were copies. It keeps amazing me how they have lost or just gotten rid of evidence in this case.
About this time, it was just before noon and the judge asked the attorneys to stay over for about 15 minutes to listen to a recording otherwise it at the return at 130 and listen to a short recording and all agreed to stay a few minutes through the lunch hour. There were long parts to this recording that the judge ruled is not relevant and advise the DA not to play those segments of the recording. The DA try to fast-forward and a couple times Repeating and replaying the same segment over and over again and the judge ran out of patience and they decided to come back tomorrow after the edited the recording.
There was no afternoon session of apparently there was somebody that had some type of obligation this afternoon and court was adjourned to be returned at 930 tomorrow.
Also of note off the record they discussed tomorrow’s witnesses and the DA said that they were finishing up John Evers testimony and it appears tomorrow Robert Woody will be taking the stand and as of today Robert Woody does not have an agreement with the DA’s office for a plea deal so it is more than likely he will they just didn’t understand and asserting his Fifth Amendment privilege.