MORE WOODY TESTIMONY PART II
by Marty Carlson
August 1, 2012
The afternoon session started out with Percy Martinez arguing about the text where the lights that were being turned off in the house was not an entrapment it was just a conversation about Frank Carson once lights on for the safety of his stepdaughter. Frank Carson was trying to take action to prevent people from coming over the fence, and asked to strike the text as improper characterization.
The district attorney says acts that are charge that show character or lack thereof can be allowed.
Percy Martinez countered soul character evidence is not supported or allowed.
The judge then decided to rule stated there must be evidence other than statements to prove conspiracy and again she said she is not prepared for a final ruling of a conspiracy to commit a murder or to cover up a murder.
The judge then rolls that most of the texts would not be allowed there were a few minor ones that were. The judge then went down the list of text advising which warns had been stricken.
At that point the district attorney was asked by the judge after sure ruling what her plan was for the Woody testimony whether it be prop 115 or live. The district attorney written presented to the court that she has no plan at this point and will advise when she figures it out. She appeared a little confused.
At that time, they began restarting some prop 115 testimony of with Kirk Bunch and there seemed to be some major confusion of where they were in the testimony could been such a long time. They finally figured out Martha Magana was on cross with Kirk Bunch talking about the body wire that was warned to Frank Carson’s office with his meeting with clients.
There was a gentleman by the name of a Atala(sp?) That wore body wire multiple times in fact in excess of 15 times for Kirk Bunch and the investigators in this case. And for some reason they were investigating the homicide and had written no written reports in regards to this wiretap or any other wiretap that this gentleman had done for them. Kirk Bunch also stated he never told any people in that meeting about taking their children away through CPS.
There was one witness by the net last name of Nadeem that he had contacted at their work at a hospital, he was asked if he had their home address but he does say that he chose to talk to them at work for some reason. He also said he never had any conversations with any of his interviews in the meetings about Baljit, okay?
The district attorney started her redirect again and the judge told her prior to her starting maam you need to “keep it tight”. Mme. DA began asking about a tala is wearing a wire for 15 times in this case and advised also that this gentleman had showed up at Modesto Police Department to tell them he had information in regards to this case. And that’s how his involvement began.
The DA asked investigator Bunch what information did he have prior, and of course there were objections in the judge asked for an offer of proof in the DA responded by saying she doesn’t know the answer she’s trying to find out. And anybody is watch Matlock knows that you don’t ask a question you don’t have the answer to.
The judge again advises the DA to tighten uppercase because she’s running a little way word here and just make it tight to necessary information. The district attorney decides that she’s going to argue a little bit with the judge about this as she’s trying to find out herself, drawing a big grim face from the judge.
Then something very interesting happened, asked the judge if he could get off the stand and go talk to the district attorney. Did not look happy on the stand in fact he looked very upset, the judge then asked for an offer of proof in this line of questioning that she’s going into and again after talking to Kirk Bunch and after a short break, the district attorney decides she has no more questions in regards to Atala.
Coming back from the afternoon break the district attorney starts asking Kirk Bunch about an interview with Brian Woody, Robert Woody’s brother that was done on March 24, 2014. Which immediately drew massive objections from the defense lawyers. The judge stated that she wants to get through this and get it done so she’s going to allow the testimony, as it is double hearsay, just to get through it and try to get to hurry up and get this done.
Brian Woody stated that Robert Woody told him, here we go again, this is the same situation that we had with Beverly Woody and testimony that they were told and it is being done through 115 testimonies and is most definitely double hearsay, but being allowed. Brian Woody told Kirk Bunch that algae and algae and Robert Woody were at Carson’s property, and Robert had told him about a setup for the thieves coming over the fence.
Again Kirk Bunch asked for a moment with the district attorney after looking very aggravated again understand that it appeared he was not agreeing with was trying to be represented by Melissa Ferreira.
The judge inquires why Robert Woody’s brother’s testimony is relevant as to Robert Woody will testify himself, or be 115. The DA advised the court it’s saying that it shows the relationship with Woody and the Atwahls. During this whole time multiple objections are being thrown all over the courtroom from the defense attorney’s, Marlisa Ferreira actually get some whining to the court and represented that she cannot stay focused with all the objections being bantered about. You think it’s time that she got used to that in a courtroom.
Martha Magana continually objected that this testimony was pure hearsay by a person who is not 115 qualified, and then that testimony is being stated again by Kirk Bunch, making it a second level hearsay. The judge continually denied all objections stating she just wanted hurry up and get through this, even made a comment it’ll make it go faster. But as we saw with Beverly Woody it definitely slowed things down on me to go faster.
Percy Martinez argues it speculative character evidence and assumes facts not in evidence.
Attorney Hans stated Brian Woody trying to show treating Robert Woody badly is not connected as it does not make sense what they’re trying to say.
The district attorney stated that Brian Woody did not like the Atwahls because they treated Robert Woody badly. Says Robert Woody was treated poorly but still had a working relationship with them. As an offer of proof the DA represented to the court that Robert Woody and Brian Woody talked about the reason he stayed with the outlaws that he is able to get steroids through them. This information has been denied before, and the judge rules is not going to allow it now.
Brian Woody also stated that delegate love to play with guns and sometimes would point them at people as Kirk Bunch put in his report he loved brandishing weapons. This all occurred before prior to Korey Kauffman going missing. Brian Woody also said he owed Frank Carson a favor for representing him and said he would help them out with the theft studies have it on the property.
Brian was he also said that Robert said he’d got bailed out by the out wall brothers last time he was in custody and met Frank Carson after that arrest in future court dates. He stated the Frank Carson wanted a favor for representation for insisting with the theft issues at his property. He also said that a\Daljit pickup was stolen and burned. And after the search warrant was served on all of their houses he stated that Baljit was constantly looking at his house making him nervous. Robert Woody apparently told him he was doing some security and Frank Carson’s property, and said Baljit was doing security because he was a big guy.
The DA began talking to Kirk Bunch about Robert Lee Woody also known as Woodrow who is Robert Woody’s son, and on March 16, 2014 they did an interview where he stated about a week after he learned of Korey Kauffman’s disappearance and murder was the first time he had heard about it. And this statement now was taken after Robert was arrested. He stated Robert told him that Baljit and Daljit were present on Frank Carson’s property and there are three people and come over the fence and two of them were able to get back over and it caught one and apparently there was an antique car that was a target of the thieves.
It was then 430 and the end of the day and we broke.
One last note I find it interesting in March 2014 they had information from Brian Woody, and Robert Lee Woody Junior about Walter Wells and Frank Carson not be in on the property that night and only bring in his testimony out sense last Thursday’s epiphany by Robert Woody, but still went ahead and arrested eight people on this case where they are now saying it was only two.
Court continues tomorrow at 930.