The Woody problems continue
by Marty Carlson
Court was originally scheduled for 10 o’clock this morning but actually start at 9 AM with notifications that Robert Woody and reach an agreement with the District Attorney’s Office. They presented the plea agreement to the court that stated that Woody would get a total of seven years four months on three charges of voluntary manslaughter, on obstruction of justice, and arson.
There was some legal wrangling that was done to clean up things with the court and that just as a note this plea was taken in front of judge Zuniga in Department 26. One of the conditions is that is of note is that Robert Woody has to testify in this case as he is agreed to what he will testify Oral-B Nolan Boyd in his face in exposure of I believe over 28 years. But there was some discrepancy over that between attorneys so I’m not sure exactly what the final tally was.
Robert Woody agreed that his pronouncement of judgment will be delayed until he’s done testifying to ensure he meets the conditions of the agreement. Judge Zuniga used a plea form that apparently is not normally use in Stanislaus County for him to fill out and sign that he agrees.
Once the plea agreement was signed sealed and delivered Percy Martinez made a motion that albeit witnesses speak excluded from the courtroom namely Beverly Woody, and Mme. DA decided to throw a hissy fit and argues that there are many witnesses in the room and watch them all removed if that’s the case. Beverly Woody is the only one that’s testified is still under subpoena to the court, and is the only one in the room that is under subpoena.
Martha Magana argued there was a issue with possible perjury which also adds to the fact that she needs to be removed from the courtroom.
Percy Martinez stated he again that many of Robert Woody’s representations were based on his mother’s influence and concern about her after her testimony in this case.
The Dist. Atty. stated that the judge has struck Beverly Woody’s testimony and so that is no longer an issue.
Percy Martinez argued that the court did not strike her testimony in full and then asked Melissa Ferrera directly if she is moving to strike all testimony from Beverly Woody. Mme. DA got very nasty and tart with a comment to Percy Martinez John him that is appropriate for him to address the court not her directly, like she’s want to talk.
Martha Magana stated that Beverly Woody is under investigation by the DA’s office and should be excluded and as an officer of the court she needs to reveal more information, and Beverly Woody needs to be removed before she can reveal that information.
At that time the judge did order Beverly Woody to be removed from the court for now to hear the arguments.
Martha Magana advised that she, with hesitation, that there were statements made by Robert Woody in the July 22 interview till today where he recanted, they are not part of the contract and Robert Woody came to know the information that they would not offer him a deal. She stated that he would’ve waved at he learned this information early on. She stated this information was passed on at a visit at the jail by Beverly Woody where she had given information to him written on a piece of paper and put it up against the window for him to read, while she’s talking at the same time saying just tell the truth, just tell the truth,
Martha Magana called that a clear case of suborning perjury says it’s an obstruction of justice and a blatant attempt to convict innocent people in this case. She stated having Beverly Woody and the courtroom, not only is she under subpoena, but she would be able to help him shape his testimony some more if you listen to him on the stand.
Mme. Dist. Atty. response was that Martha Magana is making allegations that are not true and Beverly Woody never submitted improper information on this case, she seems over got a got struck for some reason. She stated Robert Woody wanted to hold back the information after Beverly Woody’s testimony to protect his mom, and he had told investigators that Daljit Atwahl had gave the gun to Frank Carson at the scene. In addition, he stated that Robin Attenhoffer was also there waiting outside in a vehicle after receiving a phone call to come over there. At that time Robert had said that Daljit at Korey on the ground and then eventually helped him dispose of the body. And then on July 25 of this year he admitted that he was not be an honest about Frank Carson Walter wells be in on the property. So like you DA gets admitted what Martha Magana said. On 26 July the lawyers had advised the DA that there was an issue with the testimony.
DA stated there was no suborning perjury and that Robert Woody and said to his mother he was not going to say those things. At that time Mme. DA went on a long nonrelated narrative as she often does about the entire case in a recap.
The judge stated that she has seen no interviews or transcripts thereof and Martha Magana stated it was all turned over most notably being from last April when Woody admitted to his attorney the truth. There is a recording of the interview with the attorney. Apparently after Robert Woody was confronted about the different stories he admitted he has lied to the DA.
Martha Magana argued that Robert Woody has lied totally about Walter wells and Frank Carson’s involvement in this case, as the story has been tweaked and changed like with Frank Carson taken the gun from the scene and Walter wells initially there in a patrol car, then in his private vehicle, now not at all. She also mentioned the story told him Randa Dykes about feeding the body to the pigs on a pig farm.
Martha Magana also noted that Beverly Woody is not able to read or write so the note that was used at the jail pedigree written by somebody else in the family adding another layer of the suborning perjury.
Jesse Garcia argued and read from a letter to Marlisa Ferreira by Martin Baker, Woody’s lawyer, that Beverly Woody had embellished numerous times. Beverly Woody was told many times the facts of this case to help her testimony, and that we came out in some of the audio interviews that I had heard myself. He also stated that he probably be calling Beverly Woody to the stand again.
Percy Martinez argued the Beverly Woody was very clear in her memory and the people involved in her testimony which the Dist. Atty. office adopted as their theory in the crime. We then broke for lunch.
Coming back from lunch Tim Raines began argue that the concern a potential of contamination of testimony is huge if she were to remain in the room during his testimony. This is not a slight of a mother and her son. As a witness who came in and testified that was at us scene and actively involved. He also noted that the DA had declined to recross Beverly Woody when the defense is done and it shows some state of mind of the DA. The claims I Beverly Woody was never in discovery prior, and her testimony was struck and then Robert Woody admitted to his attorney.
Tim Rien then mentioned about all the multiple statements and dates of statements in the agreement that points out previous statements by Robert Woody and then Beverly Woody’s statements and testimony. And in early investigation and interviews Beverly Woody had never mentioned Walter wells. In fact the DA has finally admitted the Walter wells was not on duty that night of their theory date. Now Robert Woody says he wants to tell the truth and another story. He stated that the fact that Beverly Woody was holding a piece of paper up the window at the jail telling Robert Woody what to say, speak for itself. This is simply a request to have a witness removed from the court, and he stated the integrity of the case calls for.
Attorney Hans simply argued there is in order to exclude and is as simple as that.
The judge inquired if the DA was still wanting to exclude all potential witnesses from the room as she had claimed earlier, she stated that she’s willing to let it go for now as long as the defense is willing to do the same. It was kind of a confusing answer.
The judge then confirming that there were no further arguments by all the attorneys involved in stated with the reasonable possibility that the witness is going to testify again, and Barbara Woody is still a witness and looking at the case law and the authorities she has no authority to deny the motion to exclude. Beverly Woody will not be allowed in the room.
There were some other business to shore up before we finished the day it was late, the Martha Magana did argue she was not willing to accept a no contact agreement between others and non-witnesses because of the DA’s current persecution of innocent people right now, and the occurrences that have happened in this case.
There was a question of some of the paperwork that had been turned over to the defense or not the DA says everything has been turned over. But we’ve seen that before in this case.
Just before we broke the Mme. Dist. Atty. stated that they have another theory in this case that testimony will bring out, due to prior or inconsistent facts. When this comment was made the judge got that look on her face and kind of dropped her head and looked extremely aggravated as if this case will never end, and I find a wonder that myself.
There was mostly go on with the cross examination of Kirk bunch that Martha Magana felt that a been a strenuous day and requested that the end the hearing.
Jesse Garcia requested that Robert Woody not be brought back to court until Monday so he could follow up on the reports and information just recently provided. So we are starting back at 10 o’clock tomorrow morning probably for a morning session only to finish up Kirk bunch is 115 testimony.
Also as a side note this morning prior to going into court for Woody’s plea Beverly Woody I noticed was looking at me, and asked me if I was dawg.com. I said I was that she stated that she is very talk to an attorney and she’s going to sue me and I told her I wish her luck in everything she does and I wish her luck in the future.
And just for information if I do get sued I will totally blame it on Tom Jensen J