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The judge finally makes a ruling

by Marty Carlson

August 31, 2016

The afternoon session was pushed back to 2 o’clock to the judge could review some transcripts and information. The actual start the court was at 2:16 PM.

You could hear a pin drop in the courtroom as a judge began to make a ruling as there were some high expectations by some people on the defense side.

The judge stated that she has been listening to three days’ worth of arguments and the defense have been centering on two things:

the first being Brady violations due to failure of disclosure and cited to memorialize in a report either audio, video, or written the activities concerning the test.

And second the failure to capture the pre-test interview by agent Jefferson and his loss of memory from the testing.

The evidence that she used to decide was the pretest interview statements saying they have been misstated. And apparently there was some confusion about a pre-test interview prior to the pretest interview if that makes sense.

The judge began siding from transcripts of testimony, and did this repeatedly throughout a ruling, and stated agent Jefferson’s testimony he was present when a pre-test was conducted, and then later changes testimony to say he was not present during that time.

Agent Brody was confused about the pretest interview also and finds no pre-interview before the pretest interview, I know that’s confusing at the problem here. No notes were taken or memorialized in any of the pretest interviews. Agent Jefferson had memory failure to the length of time, but she stated that he is not required to record pretest interviews as per the school training he received.

She stated that Jefferson does not take notes nor practice the questions, and stated efforts and testified that he does not always do a report.

The judge also said it was agent Brody who said it is his habit to write reports and do video as soon as the subject walks into the room. Brody was a one that said the video comes on automatically when the subject walks in the room but then corrected his testimony later.

She says it was testified that recording is done manually not automatically, agent Brody also testified that he could not remember the questions asked in the pretest interview and that is exculpatory. She stated Brody did not ask Woody about some particular information in the pre-interview as it is just a reporE reporter builder with the examinee. Both Jefferson and Brody testified that the pretest purpose is simply a pre-interview and is not a question formulation issue.

The judge stated the defense arguments that exculpatory evidence has not been captured is not supported. Agent Jefferson lack of memory, and the report written was actually memory of agent Brody. She stated agent Jefferson testified he had recollection of the poly when the report was written because he had reviewed the video.

She also stated that agent Jefferson had received limited information from agent Brody. Jefferson told Brody he could not remember names for the report and used Carson’s name even though was never brought up during the polygraph. She stated there is no doubt that agent Jefferson did not have adequate memory, that she also read stating agent Jefferson said Woody never said he knew Carson or any of the other defendants.

The judge said that agent Brody had discussed a wide range of involvement by Woody and apparently an exploratory type fast exam was given. But he did remember the actions of the pre-test interview stating stolen property from Carson was not part of that interview.

Agent Jefferson lack of memory and couldn’t remember Woody’s custody status, but could remember how he was dressed. The judge then stated that she agrees with the Dist. Atty. there was a misreading of Jefferson’s report that he was being untruthful.

During the video agent Jefferson stated to Woody he is going to write a report but may do it verbally instead. The memory failure argument is not upheld and she cites several cases that the Dist. Atty. does not have to write reports on everything.

The judge did agree with the defense that there is a continual issue of evidence either missing or delayed in discovery, and she stated there is case law that has to be disclosed at a point where the evidence can be of value to the defense.

The polygraph evidence has not impacted the ability of the defense to put on an affirmative defense.

The judge stated that she is not sure if prior 115 testimonies would have been different with this information and so the defense is not put it been put at a disadvantage.

The judge did say that investigator bunch, investigator linger felt, and investigator Jacobson were negligent when they did not reveal the polygraph information and that can be used as part of their credibility of each when called to the stand.

So that was a ruling but the judge went on to say:

and very sternly admonished the Dist. Atty. for the delays of this hearing, citing that the Dist. Atty. had made an argument recently that was the defense was continually delaying this hearing. She advised Mme. DA to get her officers together, and find out if there’s any more information available that is to be discovered.

The judge stated that there is been numerous 402, (evidence hearings), in this case because of her failure to disclose. The judge then advised the request for sanctions against the Dist. Atty. are to be denied.

At that time the judge took a break and Robert Forkner wanted to address the court prior and she said after the break and she wanted to shut DOWN at 4 o’clock today.

When we returned from break Robert Forkner address the court and stated that they had a witness that was to be called today, I believe his name was Charles oDell, and the District Attorney’s Office today had turned over some discovery in regards to statements and recordings made by Charles Odell to investigators. Robert Forkner argued this is exactly what the judge just admonished the Dist. Atty. for doing.

At that point the judge just wanted to get the day over there was one the attorneys had an issue that needed to leave at 4 o’clock and it would be another argument in the morning in regards to that.

Court was in recess until 930 tomorrow morning.

Tom’s report will hopefully be coming up soon.

Court days/Days in custody

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INVESTIGATORS LIED ABOUT RESULTS TO ATTY

by Marty Carlson

August 30, 2016

This is the afternoon session of the 402 hearing on the information on the polygraph taken by Robert Woody.

Court started at 1330 Hours Court time but it was actual 1343 real-time. And Melissa Ferreira was addressing the court talking about some case law and the government failing to call a co-conspirator as a witness. The court ruled in that case that there was no prosecutor misconduct and they did not mislead or nor did they deny justice. Mme. DA stated that there was enough information for the defense to conduct proper investigation for their issues and that is the same as this case.

Martha Magana argued that the DA is reading from transcripts during argument and that puts the defense at a disadvantage. We have heard this argument before, namely by Jesse Garcia and he also joined in on this request also. We then had a long delay in the hearing for copies of just that section of the transcript for all attorneys to be able read from, not to mention translators.

Once that was done Melissa Ferreira again says the video shows all parts of the poly and the questions in the pre-test interview are what is being discussed here. Mme. DA stated that she has no duty to videotape pretest interview and the examiners testified that it is not always done. Again Melissa Ferreira began reading from the transcript again and stated that they were given to Woody’s attorney, meaning the results. She stated that agent Jefferson formulated the questions after reading the defenses cross on Jefferson and they were stating that Woody had a chance at any time to terminate the exam.

Jefferson said Woody never said anything about watching the Carson property because Jefferson would have never asked about that. The pretest she stated, was covered in his report that he wrote 29 months later. But offered no explanation why no report was written at the time. She also stated that nothing was vetted out from the test as all was revealed in the testimony and the report.

Again at that time Marlisa Ferrari fell on her sword for the cause and said it was her fault this information was not brought out sooner. She made an interesting argument at that point saying the Martha Magana was aware of the polygraph all along because had it asked about it several times throughout the hearing, but there is no information available as a denied it until recently.

She stated the defense is asking for sanctions on the belated exposure of this information but the defense has failed to provide the court specific facts of denial of due process. She then began to read into more case law and stated the defendants had not been compromised by late disgorge her or evidence being revealed. She also said that Robert Woody can still be cross-examined by defense attorneys. She also claimed that the district attorney would be willing to delay this hearing for 30 or 60 days, yes that’s what she said, for them doing investigate what happened here.

She also stated there were no reprehensible or deceptive actions taken by the District Attorney’s Office or staff and that sanctions are not appropriate. Nor would be appropriate for the dismissal or exclusions of the case or Woody’s testimony.

Percy Martinez argued that the polygraph information was not kept with the DA’s case or they would a received it in discovery. And there were as many times stated by the DA’s office “there was no polygraph.” But they now know that was not true. Percy also stated that reports are written immediately after polygraphs, but for some reason this case they were not. He also argued that the investigators and the DA had a duty to turn over all discoverable material. And it was not discovered that there was a polygraph taken until Bruce Perry, Woody’s attorney, and reminded the DA that there was one taken. He stated that no way that it should been necessary for Mr. Perry to remind the District Attorney’s Office is such an important thing, and he stated that there is been important information that has been lost due to the length of time past with no type of documentation done at the time.

Percy went on to say there aren’t there always reports written and or video taking in just about every case that he has seen except this one. He stated this is unacceptable behavior by the District Attorney’s Office and the defendants have been prejudice by the length of this hearing, and the Dist. Atty. calling for a long delay is even more outrageous and causes every parable harm to the defendants, four which are still in custody.

Percy stated that Robert Woody is a soul witness in this case and the Dist. Atty. has an obligation to reveal all information, in fact he said they had a duty to reveal all information. And he referred to Marlisa of Ferreira’s comment from the other day when she said this polygraph information was a distraction to the hearing but to the defense is a valuable information.

At that time, we went on break and when we returned the judge was giving all attorneys some case law for them to research for tomorrow’s argument and another 402 hearing, and she had received an SDT from toilette me sheriff’s office in reference to a subpoena by Jesse Garcia and that had unknown content. Seeing that was probably some information in regards to Robert Woody she asked Bruce Parry permission to open the package. And basically it was a letter from Tuan a County saying they do not have the information that was subpoenaed. They then went into a long discussion about some scheduling and the 402 hearing tomorrow that’s going to be heard at 930.

Jesse Garcia’s response to the Dist. Atty.’s argument on the 402 hearing was talking about case law the DA had referred to in the Brady issues. He stated that the polygraph is a recantation of previous statements that Robert Woody had made. Woody had continued to maintain in a sense until 2014 and what they were saying all along was a lie.

Now an interesting note happened that I was not aware of, the investigators that were at the polygraph, and there were three of them Kirk bunch, Dale lingerfeldt, and Steve Jacobson, apparently decided to lie to Woody’s attorney about the results of the test. What I understood during Jesse Garcia’s argument is that Woody had actually passed the polygraph but they told Bruce Perry that he had not. Knowing full well that Woody’s attorney would a relay that information to him, and trusting and what he says.

Now the polygraph results itself are not admissible, but statements and actions by all involved are an effort Jesse Garcia is arguing. He also stated this is another prior inconsistent statement. He also stated that he has at a disadvantage because he had no transcript of the testimony in this hearing that the DA and the judge kept referring to.

Not Jesse Garcia within in to some of the issues but he was basically saying it was misconduct to deceive Woody’s attorney as to the results. And he began reading case law and polygraph responses by individuals. The judge then interrupted him and said she is not going to hear arguments as of polygraph results. But Jesse Garcia stated he is arguing they used the polygraph results to deceive Robert Woody and his attorney, in order to obtain a confession.

Tim Rayne them began arguing that this is Robert Woody saying he lied about his other involvement and he wanted to clarify. Woody’s lawyer conveyed the results to him, and his lawyer being a person of trust, that trust was violated. He also stated that the some of the statements made in the past by Woody and his mother Beverly Woody shows a pattern of misconduct by many involved especially concerning Walter wells. At that time Tim Rayne requested Walter wells be released on his own recognizances and then he may consider taking more time to investigate this issue.

Hans agreed with Tim Rayne as stated their other factors that there have been in the 10 months of this hearing and the massive evidence it’s been heard, but no actual direct information just Woody’s word on what happened. And that Woody had succumbed to pressure by investigators in the Cooley incident was only a stare down no more, a number of people at the property is actually in question. The cell phone evidence was of no value where it only showed up algae was at the store working and that’s at the same cell phone tower and sector as a Cooley residence. In addition, the cell phone records show the timeframe of the event night shows no unusual occasions or activities.

He stated the cook testimony showed that Korey Kauffman’s phone was shot on and off and only was done so when Eula Keyes had dialed the number. All the evidence depends on credibility of Robert Woody and all of the evidence alone do not mean anything are actually even make sense. He stated the polygraph was an another piece of evidence that does not fit in this case, because Woody was interviewed and told his facing the death penalty at or life in prison for his involvement.

Hans stated the polygraph was another recant of previous statements by Robert Woody. He also stated there was no recollection by agent Jefferson due to the time that it passed, and all the case law is quoted by Melissa Ferreira was nowhere near relevant to the issue at hand. He stated the defense has been disabled in this issue due to this violation and that he requested his client be released immediately.

At that time, it was right at 430 court was called for the day and this ongoing hearing will be continued until 930 tomorrow morning were Martha Magana will be able make our final argument on the polygraph information.

Court days/Days in custody

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SMILE, YOU ARE ON CANDID CAMERA

FRANK CARSON CASE

08/30/2016

BY WILLIAM THOMAS JENSEN (TOM)

It seems as though the people in the audience were photographed, while in the parking lot by Investigators recently. We heard this brought out in the courtroom this morning. I fully expect several of us to be harassed while driving around town, for reporting what we see in a public trial. Our First Amendment Rights will be trumped by the desire to intimidate us to the point that we will go away. This will simply not happen. I have dedicated nearly a year of my life to reporting on this fiasco, and intend to see this thing through to the final ending. It is simply the most important thing that I have done in my life.

We start out the morning session with defense attorney Percy Martinez bringing up the photograph incident that happened on August 01, 2016. I was totally unaware that any of us were being photographed. Percy Martinez states that DA Investigator Kirk Bunch (Bunny Jowls Himself) was seen taking photographs of the audience while we were in the parking lot. Percy stated that he” “Wants this to stop.” Percy requested all copies of any photographs that were taken.

Marlisa Ferreira responds by saying that she wants to know who reported this incident, and that this person should be put on the stand. She stated that: “This is absolutely not true, and it is just another example of how the audience is interjecting themselves into this case.” She stated that this is an unsupported, baseless allegation.

Judge Zuniga stated that many months ago, she had announced in the courtroom that she did not want anyone from the audience bringing up what they have seen with the Officers in the courtroom. She tells Percy Martinez that: “Your comments are noted.”

At this time, Robert Woody’s attorney Bruce Perry asks for the large envelope containing transcripts that were taken from Robert Woody’s jailhouse cell in Tuolumne County. He wanted to go over the transcripts with Robert Woody who was being held in a separate room in the courthouse.

Defense attorney Timothy Rien was back in the courtroom today, so Judge Zuniga gives him the opportunity to make his arguments on the 402 Hearing on the issue of Brady Material being withheld. It concerns the polygraph of Robert Woody that was just turned over two weeks ago to the defense attorneys. The prosecution had been hiding the existence of this polygraph for almost 2 ½ years, and it contains a plethora of exculpatory evidence.

Timothy Rien states that the issue is whether there is a Brady violation, and the possibility of striking Robert Woody’s testimony, and the possibility of striking the Proposition 115 testimony given for Robert Woody by several investigators. Rien states that the defense attorneys were not equipped with this exculpatory evidence during the Prop 115 testimony by investigators for Robert Woody, and were unable to do an adequate cross-examination on them. He cites the People vs Jenkins. He states that this case had to do with non- disclosure that happened before the Preliminary Hearing, and that the disclosure only happened until 12 months after the Preliminary Hearing. He stated that the evidence that was withheld was inculpatory, but still was a Due Process violation. He states that this evidence was inculpatory, but was not disclosed until it was too late for the Prop 115 testimony.

Defense attorney Martha Carlton-Magana states that: “We started with Judge Manukian’s order for the prosecution to disclose all evidence very early in this hearing. She states that: “We have a violation of that court order.” She cites Smith vs King as case law that would apply to this situation. Martha states that: “There is no physical, forensic, or other evidence from any other witness in this case. Martha states that there are only 6 major interviews of Robert Woody, including the polygraph examination. She states that the prosecution was aware of the polygraph all along.

Martha talks about a large pattern of hiding evidence in this case. She talks about 10 series of questions that were asked to Robert Woody concerning his involvement with the killing of Korey Kauffman. Martha speaks about how Robert Woody made statements about learning about the details of this case from people on the street. Martha states that Woody denied knowing who killed Korey Kauffman, or who was involved in the killing of Korey Kauffman. Martha states that Woody said that he was the one who asked for the polygraph to be done. She states that Woody said that he wasn’t there when Korey Kauffman was killed. She says that Woody stated that: “To me, they were wanting to make a case.” I notice at this time, that Marlisa Ferreira is biting her lip, and Kirk Bunch was turning bright red. Woody: “They don’t want to believe me, do you know what I mean?” Kirk Bunch’s Bunny Jowls are jutting out like Buggs Bunny at this time. Woody: “They are trying to say that the guys at the store were involved, I don’t know for sure, I don’t know if they were involved.” Woody: “They think Pop N Cork was involved.” I notice a big contrast between Kirk Bunch and Marlisa Ferreira at this time. She was white as a ghost, and Kirk Bunch was bright red. Martha states that Robert Woody lied to make the case against him go away.

Martha Carlton-Magana states that: “We didn’t have any recording of Robert Woody’s recantation of 03/01/2014 until we found the polygraph examination that had been hidden by the prosecution. She states that Special Agent Brodie can be heard on the polygraph mentioning conversations that were done with Robert Woody while he was driven from Tuolumne County. This happened on several occasions.

Martha states that Marlisa Ferreira has said in court that Robert Woody never recanted his confession, and that Woody recanted within days of being arrested. She speaks of Woody initially saying that he threw the black bag of fingers and toes into the Merced River, then 24 hours later saying that he scattered the contents of the black bag in the bushes at the burial site in the mountains.

Martha states that the defense attorneys did not have this information for use with any of the other witnesses in this Preliminary Hearing. She states that this is not the first violation of Brady Material that has happened in this Preliminary Hearing. Martha states that the court can fashion any type of sanctions it wants. She mentions the possibility of striking all the Prop 115 testimony for Robert Woody, and striking the actual testimony of Robert Woody himself.

Defense attorney Robert Forkner speaks about the numerous time during this Preliminary Hearing where Marlisa Ferreira would mis-speak, and DA Investigator Kirk Bunch would lean over and whisper in her ear, so she could correct herself. Forkner states that Kirk Bunch never corrected Marlisa when she denied that Robert Woody had ever done a polygraph examination. I am sure Marlisa was aware all along that this examination had occurred. Kirk Bunch is more red in the face at this point than I have ever witnessed.

Judge Zuniga then gives Marlisa Ferreira the chance to respond. This was not a typical Marlisa rant. She spoke in a subdued tone, and measured her words. She points out a few errors in the transcripts where the defense attorneys had assumed they were listening to the voice of Kirk Bunch during the polygraph. She admitted that Bunch could be heard several times during the polygraph. Marlisa tried to take the blame away from Kirk Bunch for the non-disclosure of this Brady Material. She said: “It was my duty to disclose this information, not Kirk Bunch’s responsibility.”

Marlisa then goes into case law that covers the types of sanctions that could be handed down for her misconduct. She cites a case named Whalen. She cites Brady vs Maryland, Kyles vs Whitley.

Marlisa says that Special Agent Jefferson was acting on behalf of the prosecution team. Marlisa: “We acknowledge my fault.” She states that the issue is whether it was “Material” to this case. She argues that this situation has occurred during the Preliminary Hearing, and that all of the previous witnesses are subject to being recalled to the stand. Christ, we are now into the 11^th month, and she expects us to do this all over again. What an idiot I think she is to even say something like that.

Marlisa brings up some other evidence that could possibly implicate the Athwals in this case, including Daljit Atwal driving over to Korey Kauffman’s and making threats just days before he went missing, and Baljit Athwal driving over to Michael Cooley’s house and confronting him. She mentions Kathy Grinnolds seeing three people on the Carson property the night that Korey Kauffman was allegedly killed. Marlisa states that the prosecution might lose exculpatory evidence by having Woody’s testimony, and the Prop 115 testimony thrown out. She states that this could possibly hinder their defense. I really don’t think Marlisa cares if the defense inadvertently hinders it’s case. She is grasping at straws. I heard rumors of some people seeing her cry as she left the courtroom. Poor Baby.

It is now time for our lunchtime break. Marty Carlson will be reporting on the afternoon events.

Believe me, The Truth Is About To Set Them Free.

Sincerely; William Thomas Jensen (Tom)

MARLISA FERREIRA AFRAID TO END THE PROSECUTION’S CASE

FRANK CARSON CASE

08/29/2016

BY WILLIAM THOMAS JENSEN (TOM)

Today, I got a call to inform me that court would not start until 1:30PM today. When I arrived in the afternoon, court was delayed another 35 minutes because Judge Zuniga was stuck in traffic coming from the Bay Area. What I witnessed today was very revealing. We are down to some “Hard Ball” legal maneuverings that most likely will rock the prosecution’s case to its core. We are presently embroiled in a lengthy 402 Hearing concerning the withholding of Brady Material by the prosecution. The prosecution denied that a polygraph was ever done on Robert Woody. This was testified to in court, and is on the court records. The defense attorneys were able to ascertain that a polygraph was done on Robert Woody approximately 2 ½ years ago, and were just given partial discovery on this issue approximately 3 weeks ago. No written reports were done according to the prosecution, but you can hear Special Agent Jefferson speaking about his notes while doing the polygraph examination of Woody. Kirk Bunch can be heard in the polygraph video many times during the polygraph examination, yet the prosecution denied that a polygraph was ever done on Robert Woody.

We have a couple of other issues. One concerns over 700 pages of material that was subpoenaed from Tuolumne County concerning Robert Woody. I have a feeling that some of this stuff could be radioactive to say the least. We have the medical records of Robert Woody being subpoenaed after the defense attorneys discovered he was taking psychotropic drugs. The only way they were able to discover this fact was by watching the polygraph exam which was hidden until about 3 weeks ago. The other issue is something we have been talking about since the beginning of this preliminary hearing. The defense attorneys have strong evidence that Michael Cooley either admitted to be present when Korey Kauffman was beaten, and killed, or actually admitted that he personally killed Korey Kauffman. According to the defense attorneys, Michael Cooley made these admissions to Johnny Padilla, Johnny Fields, and Charlie O’Dell. All three of these individuals are currently in custody. I heard Soledad, Pelican Bay, and Corcoran Prisons mentioned as places where they are housed. They are being called as witnesses by the defense. This could be interesting.

We start out this afternoon with Judge Zuniga talking about a large envelope of papers that she refers to as G13. Kirk Bunch’s Bunny Jowls were bulging already, and he was turning pink. Judge Zuniga then speaks about G13A. Robert Woody’s attorney Bruce Perry wants to review these items with his client. It is brought out that they are transcripts from his cell. I have a feeling that there are things contained in these papers that could have a major impact on this preliminary hearing.

It is 2:12PM, and I notice the Bee reporter coming into the courtroom. I have seen quite a bit of him in the courtroom the last few days, but he does not write a story. There really is much more to report on than he seems willing to reveal to the reading public. This frustrates me, to say the least.

We then talk about another issue. The defense attorneys want to obtain the mental records of Robert Woody. They have served a STD for these records to Tuolumne County, and Stanislaus County.

A man named Chris Schmidt, from Tuolumne County, has responded to the STD, and asserts that the psychiatric care of Woody is handled by a private firm that is contracted with both Tuolumne, and Stanislaus County. It is named the California Forensic Medical Group. It has its main office in Monterey. Jesse Garcia states that Tuolumne and Stanislaus County have refused to turn over the records. Jesse Garcia is going to serve the California Forensic Medical Group with a STD so that they can be obtained by the defense attorneys. Jesse Garcia states that: “They can’t contract away their discovery obligations.”

Judge Zuniga notices that both Martin Baker, and Bruce Perry are sitting in the courtroom together. She states that one of them should be speaking to Robert Woody, who is in another room in the courtroom. Bruce Perry makes an objection to the defense getting Woody’s Psychiatric Records. He cites the People vs Hammon. He states that this prevents the defense from getting this information until it goes to a real trial.

Judge Zuniga tells the attorneys that she wants to read the papers that had provided to her by Jesse Garcia. They include E-Mails from Tuolumne County, and Stanislaus County Council Taro where they refused to turn over the records.

Jesse Garcia cites the People vs Cook, People vs Rieber, and the People vs Hammon. He states that the People vs Hammon concerns efforts to get Psychiatric Records of a child molester, which is covered under a separate law. Jesse Garcia states that the DFMG was created to contract away their discovery obligations. He states that the records are being kept in the Tuolumne County and Stanislaus County facilities. He states that Due Process trumps the efforts to conceal the records by the prosecution.

Judge Zuniga states that: “I see a Due Process issue where a key prosecution witness is now testifying against the other defendants, giving multiple stories, admitted to lying.” Wow, I think she is getting it exactly right with these comments.

Marlisa Ferreira cites the People vs Lucas, the People vs Samuels, and the People vs Abel.

Defense attorney Percy Martinez states that: “They stopped giving Woody the psychotropic drugs one day before the polygraph so that his perception of reality would not be affected.” Percy: “Our Due Process will be compromised if we finish Woody’s testimony without these Psychiatric Records.”

Defense attorney Jesse Garcia states that he can have his papers on file by Thursday. Judge Zuniga schedules a hearing on this issue on Thursday morning.

We now go into a discussion of the upcoming witnesses in this trial. It is at this point, that I realize that Marlisa Ferreira is afraid to rest the prosecution’s case. When asked about who she intended to put on the stand, she surprises Judge Zuniga by stating that she intends to call more witnesses to the stand after Robert Woody is done. She speaks about putting Jessica Crisp on the stand, or do Prop 115 testimony for Jessica Crisp. She is still grasping at straws, and trying to drag Walter Wells back into this fiasco. She states that she might have to put DA Investigator Kirk Bunch back on the stand. She wants to call Ryan Schmidt to the stand. She is not ready to proceed on any of this potential testimony at this time.

The defense attorneys make a request to do some of their witnesses “Out of order” to keep things moving along. Marlisa objects. She wants to finish the 402 hearing before anything else is handled.

The defense attorneys want to call Detective Derek Perry back to the stand. They want to call Detective Barringer back to the stand. Captain Rick Collins from the Ceres Police Department is going to be called to the stand, along with Kirk Bunch, and Detective Dale Lingerfeldt. John Paden is going to be called to the stand. And last but not least, the defense attorneys want to call the three people to the stand that Michael Cooley allegedly told that he had killed Korey Kauffman, or was involved in killing Korey Kauffman.

Defense attorney Robert Forkner states that he wants to call CDC employee Cavenaugh to the stand concerning the lack of any blood evidence on the clothing found with Korey Kauffman’s body. He mentions a man with the last name of Tickner that he wants to bring to the stand.

Judge Zuniga schedules the three people who allegedly heard Michael Cooley confess about the murder of Korey Kauffman for Wednesday. This day should be very interesting. They will be brought to court from three separate prisons. Security will be tight, I am sure.

We now get into the final arguments about the Brady Material violation being heard in this 402 hearing. Robert Forkner argues that there should be sanctions against the prosecution for hiding or suppressing evidence. He mentions the missing thumb drive, the WISN phone records, the missing Game Cam photographs, Ms. Grinnolds suddenly seeing people on the rooftop at the Carson property, the Robin Attenhoffer letter that appears to not have been written by Robin Attenhoffer, the fact that Keith Hobbs was involved in a robbery, and Patrick Hampton being a known informant. He speaks about a continuing pattern of this going on in this preliminary hearing. He wants sanctions against the prosecution for these violations.

Defense attorney Jesse Garcia cites Benn vs lambert. He states that the failure to provide exculpatory evidence has precluded the defense from an adequate cross examination of Robert Woody, and others in this preliminary hearing. He states that his defendant should be dismissed from this case.

Defense attorney Hans Hjertonsson cites Guttierez vs Stanton. Hans calls it a violation of Due Process. He cites Whalen and states that the prosecution has a duty to disclose both exculpatory and inculpatory evidence. Hans states that DA Investigator Kirk Bunch could be seen and heard numerous times during Woody’s polygraph on the video. Hans states that Bunch was obviously aware of the polygraph of Woody. Hans states that Marlisa Ferreira denied in the courtroom that any polygraph had ever been done on Robert Woody. Hans states that: ” We have Woody statements that are exculpatory.” Hans states that: “Bunch tells Woody that WE Know You Were There.” Hans states that Robert Woody subsequently denied that to be true. Hans states that Marlisa Ferreira should know about the polygraph, because Kirk Bunch was there at the polygraph. Hans talks about the WISN phone records that were hidden, Patrick Hampton being an informant being hidden etc. He talks about the missing game cam photographs. Hans talks about a pattern of Marlisa Ferreira saying things that are not true in the courtroom. I call these lies. Hans talks about how very early in this hearing how Judge Manukian had ordered all discovery be turned over within two weeks. We are now in our eleventh month, and the prosecution has not finished doing their case. Hans states that we are now just getting the discovery of this polygraph, and the pre-test interview is missing. Hans states that it has been so long, that Special Agent Jefferson could not remember any details. He states that Special Agent Brodie testified that he always recorded the pre-test interview when doing polygraphs. Hans states that Brodie helped Jefferson do his report that he just recently turned over after watching the video. Hans states that Jefferson had no independent memory of the polygraph events.

Defense attorney Robert Forkner announces that he forgot to add Brad Nix to the witnesses that the defense attorneys are going to call to the stand. Court will resume tomorrow at 10:00AM.

Sincerely; William Thomas Jensen (Tom)

Court days/Days in custody

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DELAYS ARE THE NORMAL AGAIN

by Marty Carlson

8-29-2016

A s most of you know this morning court was supposed to start at 1030, it did not, in fact some of the defendants were not aware of the delay. I arrived at the courthouse with there was a sign on the door that said court will start at 1:30 PM.

So as we all waited around and 1:30 PM for the court to start, and finally went back in session and we start again about 2:06 PM.

The first order of business was in general conversation about court discovery and that had some minor discussion’s. And apparently there was some subpoena paperwork that was received by the court and it was being reviewed by the judge and the packet was given to Bruce Parry to talk it over with Robert Woody in regards to the contents and if he is willing to voluntarily let the defense see it.

Jesse Garcia reported to the court that he received a call from the Tuolumne county jail in regards to the subpoena he had given for Woody’s medical records, and he stated they said they are not required to provide those type of documents as they are not the medical providers for the inmates is done through a truck contract company which was identified as California medical group, apparently this is also the same situation in Stanislaus County also.

The judge advised Jesse Garcia that it asked SDT must be filed to maintain a proper paper trail and maintain a proper record. Jesse Garcia stated that he has emails from Stanislaus County and Tuolumne County in reference to the medical records and says he can produce us to the court if she so desires.

Robert Woody’s attorney Bruce Perry spoke up and said there is a court procedure to recover or received medical records for of concerning inmates and that needs to be initiated.

The motion argument as far as a medical records had Jesse Garcia site some case law concerning medical records saying the defense has a right to those records. He says a jail medical records cannot be denied by any means, and they are property of the jail not a medical group.

The judge stated some case law for them to review and requested defense to possibly file briefs if they need be but felt they can resolve this situation easily by talking and doing subpoenas.

The judge also advised that this is a due process issue when key procedures on a witness who is now testifying, and again read some more case law in regards to that, and also stated the defense has no right to preview medical history, but it is an interesting question is a medical provider working for the government or not.

Mme. DA began citing some more case law and stated that them are not turning over any medical records does not violate any Brady laws. A pair but apparently there were some documents that were previewed by the court previously at the DA’s request.

Percy Martinez argued saying the poly graph video showed Steve Jacobson discussing Robert Woody’s psychological medications and so the DA is aware and has a defense at a disadvantage. He stated that Steve Jacobson had access to the medical records to know that Woody was on medications. He also says a stopped giving Woody drugs for a day in advance to take the polygraph, and saying that they are talking about a perception of reality that could be altered under the influence of the medications. The judge on said the issue must be briefed four responses and they hearing was scheduled I believe for next week.

There was at a long discussion about when the briefs are to be filed, and the issues which is the medical transcripts, and Jesse Garcia said he would have his brief filed by Thursday and Bruce Parry stated he would have his response filed by next Tuesday. The hearing was scheduled for September 8, 2016.

They began talking about scheduling for the week rest of the week, especially since they did not want to continue with Robert Woody until all the information was available. And Robert Forkner was asked who is going to call as witnesses for the defense and it sounded like it was approximately 10 witnesses.

As an offer of proof Robert Forkner stated that he has three witnesses are all currently in state prison inmates that will testify that they heard Mike Cooley state that he killed Korey Kauffman.

Also there was a series Capt. Parry that’s going to be called, and some return witnesses that he was not able to ask questions on cross.

The DA was asked if she had a more witnesses and she said she did which made the out judge’s eyes get real big and surprise and she stated they were several that included Jessica crisp, Ryan Schmidt, and there was one more.

The judge stated that she thought and hoped Woody would be the last witness for the prosecution. Then there was some long discussion about the witnesses especially defense witnesses being called before the DA finishes her case.

We come back from the afternoon break and Robert Forkner is again asked for a to confirm his offer of proof in calling the three in custody witnesses and he stated that my Cooley confessed to killing Korey Kauffman, the judge asked him if he had any other offer of proof, and he stated nope that’s it.

At that time the judge began talking about the security arrangements in a sidebar to the deputy in charge of security for the courtroom, and stated that there is a problem with that many inmates in the limited holding areas that they have at that court.

At that time then there they began long arguments concerning about the offer proof of witness to be called by the defense and Robert Forkner told the court that my Cooley has made statements that he saw Korey Kauffman being killed.

At this time also the DA retracted what they said earlier in their said they’re not going to put her witnesses on tomorrow changing what she said earlier about Ryan Schmidt and Jessica Chrisp and the other person.

The defense attorney stated they need to be able to put the witnesses on Wednesday to prepare which created another long discussion, and it was about discovery of these witnesses. In the DA requested any discovery that the defense had as it interviews and was not aware of some of those people were, but the defense advise they have not done any interviews and the DA investigators have out talk to all these people and have all their information.

So finally about 4:15 PM we started the 402 hearing with Robert Forkner saying that all along in this case the DA has been trying to hide evidence, and starts going over a list of incidents that have occurred in his case like the Attenhoffer letter, the thumb drive, the polygraph evidence, WISN info etc.

Jesse Garcia cited case law in regards to the misconduct, as stated failure to provide evidence and discovery has resulted in the defendants not being able to cross-examine witnesses effectively. He made a verbal motion at that time that all defendants be discharged at this point due to the DA’s activities, and that would be the only appropriate sanction.

Attorney Hans started arguing there has been no turning over of all evidence, and it’s all been done in bad faith and should have been disclosed, like the polygraph, the thumb drive that ended up in an officer’s garage, the missing warrants etc.

he also cited case law from the past and Woody has denied repeatedly of any involvement, but that was also threatened with the death penalty where he finally started to talk.

He also stated that the District Attorney’s Office claimed there was no other cell phone information except for what Jim Cook had done. They then just recently they found the WISN information. He stated there is a pattern of statements by Melissa Ferreira that are not accurate and been misrepresentations to the court, or at the very least inaccurate.

And he stated again the DA said there was no polygraph or reports from Jefferson or Brody who had done the polygraphs, and then Jefferson when he wrote the report two weeks ago he only put in what Brody had told him to put in.

At that point it was after 430 the court was stopped for the day it is to be resumed at a special time tomorrow of 10 o’clock.