FRANK CARSON et al 8-9-2016 (tom)

COACH FERREIRA TRIES TO GET DIFFERENT ANSWERS FROM ROBERT WOODY

FRANK CARSON CASE

08/09/2016

BY WILLIAM THOMAS JENSEN (TOM)


Today was Robert Woody’s second day of testimony. Prosecuting DA Marlisa Ferreira spent most of the day going over the same questions that she asked Robert Woody yesterday. It seems like she thinks if she asks a question often enough, she will finally get the answer that she wants. Time after time she was objected to for asking leading questions to Robert Woody. She seemed to ignore all the objections, and kept doing this the entire day. Judge Zuniga was asked by the defense attorneys to admonish her for doing so, but the judge seems to be doing everything she can to make things work for Marlisa. At times, it seemed like Judge Zuniga was showing Marlisa how to present her case. The judge steadfastly refused to deal with Patrick Hampton dropping the F Bomb to the defense attorneys in the courtroom. Now the judge steadfastly allows Marlisa to use leading questions to try to coach the answer she desires from her witness.

We start out the morning session with the judge discussing new discovery that has been turned over to the defense. These include a Jessica Crisp transcript (Walter Wells’ Girlfriend), pictures taken off of Walter Wells’ cell phone, reports from Detective Barringer and Detective Brown, and material concerning images from Google Earth and Apollo Map. It also includes polygraph analysis on Robert Woody by the California Department of Corrections.

Robert Woody took the stand at 10:21AM. Marlisa starts asking him questions about Baljit Athwal checking on the Carson property. Woody says that Baljit Athwal did not say he went to the Carson property before his interview with Bunch and Evers. Marlisa then tries to ask Woody if he recalled saying that Baljit Athwal was checking on the property 2 days prior to Korey Kauffman’s alleged murder. This was objected to, and the objection was sustained. Marlisa gets Woody to say it was mentioned by Daljit Atwal, but this was objected to on hearsay grounds. The judge takes the testimony subject to a motion to strike. God she does this a lot. It frustrates me.

Woody states that Baljit Athwal was at the store the entire night, but then says he left the store around 45 minutes before closing. This was around 1:15AM. Robert Woody said he left the store between 1:35AM to 1:40AM. There are objections to this line of questioning. Woody is taken out of the courtroom for an offer of proof. Marlisa says Daljit and Baljit would tell the officers to spotlight the Carson property at night to discourage theft. The defense attorneys object that Marlisa is using the police reports, and not the transcripts for these arguments. They object to the line of questioning being hearsay, improper impeachment, and being compound. Defense attorney Percy Martinez says that Woody has been proven to be lying to the officers at that time. Martha Carlton-Magana says that it is an out of court declaration, it is hearsay with no exception. Marlisa says that it is from a transcript. Eventually, Judge Zuniga overrules the objections.

Woody states that Daljit and Baljit asked the Turlock Police Department, Merced Police Department, Merced Sheriff’s Department, and the CHP to spotlight the Carson property. I heard Frank Carson make a comment about the Coast Guard. Frank still has his sense of humor it seems.

Marlisa starts asking questions about Carson having property stolen. This was objected to, and Marlisa withdraws the question.

Marlisa: “Yesterday I asked you about moving the body, you felt obligated. Woody makes a comment that made no sense at all by saying: “Put me involved with it.” Marlisa tells Woody about how he said that Daljit told him to keep his mouth shut or he would end up like Korey Kauffman. Woody says that Daljit would get him legal representation. This answer was stricken by the judge. Marlisa tries again with this line of questioning by asking it a different way. She talks about the second meeting with Frank Carson, and asks Woody if Frank Carson told him he owed Daljit Atwal a favor. Woody says: “yes, if I go and check on the address.” Judge Zuniga asks Woody about this and Woody says that he was told by Carson that law enforcement was lazy and didn’t do their jobs.

Marlisa: “Yesterday, you said Frank Carson told you to not go over to Michael Cooley’s and cause any problems. Woody stated that Carson didn’t want to be under investigation. Marlisa: “Who used the term “Baiting?” Woody said both Daljit Atwal and Baljit Athwal used this term. Marlisa asks about Baljit, and Woody talks about Baljit setting some objects out there as bait. Marlisa: “Say what?” Woody: “Pipes out by the fence on Carson’s property. Marlisa then asks about Daljit Atwal, and Woody says he did not speak about baiting.

Marlisa: “Where did you get the shovel? Woody says the shovel was used around Pop N Cork, Marlisa: “How did you know to go to the side yard of Pop N Cork?” Woody said it is open land with a fence around it. He said that he talked to Baljit Athwal at the Carson property, and it was his idea to use the side yard at Pop N Cork to bury the body.

Woody said that at the Carson property, he saw Baljit and Korey Kauffman struggling on the ground. He said that Korey Kauffman was: “Like a cat trying to get away from a dog.” He said that Daljit and Baljit had Korey Kauffman by the shirt.

Woody said that after Korey Kauffman was killed, they put him in the back of the truck. He said he grabbed his feet and bobby grabbed his ankles.

Marlisa asks Woody if he: “Heard any hollering?” when he first got to the Carson property. Woody says: “No.” Big objections to this from the defense attorneys, and Marlisa says: “Their arguments are argumentative.” No shit Sherlock. That’s what arguments are all about.

Woody said he continued to work at Pop N Cork after the night of the murder. He said he went to work the next day during the daytime. He said that Baljit was there. Woody said he did not talk to Baljit or Daljit about the previous night’s events. He said he heard no conversations about the previous night’s events.

Marlisa asks Woody if he was getting paid for his work. Woody states that he was just getting cigarettes and store credit, and help with family bills. He said he never discussed his pay with Daljit Atwal and Baljit Athwal.

Woody is asked by Marlisa about moving the body of Korey Kauffman. Woody admit he helped to move the body. He said the body was moved around 20 days after he was allegedly buried at Pop N Cork. He says the body was moved a day before they burned the pickup truck. This works out to the night of 04/26/2012. Woody states that it was Baljit Athwal’s idea to move the body. It is now time for our lunchtime break.

After lunch, Woody says that he agreed with Baljit that they needed to move the body. Woody said that he did not discuss this with anyone else. Woody said that Walter Wells was not at the store when the body was moved.

Woody testified that Baljit helped him dig up the body, and Robin Attenhoffer was on the side yard when the body was dug up. He said that the gate to the side yard was closed when the body was dug up. He said that there was no vehicle on the side yard when the body was dug up. He said they removed the body still wrapped up in the tarp, and put it into the back of the pickup truck. They did not cover the body with anything else when they put it into the pickup bed.

Woody said that he and Robin Attenhoffer went with Bobby in the pickup truck and drove to the mountains. He said the store was open when they dug up Korey Kauffman, and Daljit Atwal was at the cash register. He said it took 9-10 minutes to dig up the body, and they did not tell Daljit Atwal when they left with the body.

Woody said they made no phone calls during the moving of the body. He said he was not told to not have a cell phone with him. He said it was Baljit Athwal’s idea to move the body to the mountains. He said they drove in silence, and it took 1-1.5 hours to drive to where they went in the mountains. He said there was not very much traffic, and he was not paying attention to where they were going. He said they traveled on asphalt, then a gravel road, and then a dirt road. He said they passed no towns during the ride, and he had never been there before.

Woody said that he never went back to the burial site, but it is soon brought out that on 08/15 investigators took him up to the area of the burial site. Marlisa asserts that the investigators took him to the general area where the body was found, and that Woody took them to within a few feet of where the body was found. There were many objections to this, but the objections were overruled.

Woody said that Baljit Athwal decided where to take the body, and he asked no questions. He said when they go there, they turned around the truck in a camping area. He said there was a brushy steep decline that then went flat. He said they had no flashlights, but there was moonlight, and starlight. They unloaded the body, and Baljit Atwal went down the decline first holding Korey Kauffman’s tarp wrapped body by the head. Robert Woody said he held Korey Kauffman’s body by the feet. They took the body down the decline about 30 yards, and unfolded the tarp, and rolled the body out. He said he ripped open the black bag containing the fingers and the toes, and scattered them in the brush.

Robert Woody then speaks of rags that were used to absorb the blood from the body. He says he put the rags in the tarp, and put the rags and tarp in the back of the pickup bed. They left the body on the ground. He says they were in a hurry, and didn’t want to get caught. He said that Baljit Athwal told him to: “Hurry up before we get caught.” He said that Robin Attenhoffer stayed in the truck the entire time.

Woody said he burned the sheet rock knife and the rags in a BBQ pit at Pop N Cork, and threw away the tarp after putting it in a black bag. He said he put the tarp in the trash.

Woody said it took 10 minutes for them to dump the body in the woods. He said he talked with Baljit about the pickup truck at Pop n Cork when they got back. He said the store was closed when they got back from the mountains. He said that Daljit Atwal was at the store when they got back. He did not talk to Daljit. He said that Baljit did not talk to Daljit when they got back. Woody said that Walter Wells was not at Pop N Cork when they got back from the mountains, and his car was not at Pop N Cork as well.

Woody said that it was his idea to burn the truck, and Daljit Atwal was part of the conversation about burning the truck. He said that Baljit Athwal agreed that they needed to burn the truck. He said he got some gasoline from the side yard of Pop N Cork that was used for the lawn mower. He said that he and Robin Attenhoffer drove the truck out East Ave in Turlock to where it dead ends. He said that Baljit Athwal gave him the keys. He said that Daljit Atwal followed them, and gave them a ride back after setting the truck on fire. He said it was about a 25-minute drive.

Woody said they doused the truck inside and outside with gasoline, and set it on fire with a cigarette. Woody said that Baljit took a gym bag out of the truck and some papers from the center console before they burned the truck. He said they filmed the burning truck on a cell phone for 1-2 minutes. Woody said all you could see on the video was an orange ball.

Woody said they drove back to Pop N Cork in Daljit Atwal’s black BMW. Daljit Atwal was driving. He said that Baljit Athwal was at the store when they got back. He said it was still dark when they got back.

Woody said he burned the rags in a BBQ pit the next day. He said that when they got back to Pop N Cork after burning the truck, Daljit drove Baljit home. He said that Baljit Athwal was out front of the store when they got back from burning the truck. Woody said that he and Robin Attenhoffer walked home after getting back to Pop N Cork that night.

Woody said that Baljit Athwal was going to make a police report on a stolen truck when he got home. He did not want to report the truck as being stolen from Pop N Cork. He said the insurance money would help to pay off a credit card balance. Woody said he was at work at Pop N Cork the next day before noon.

Woody said he burned the rags around noon the next day at Pop N Cork in a BBQ pit. He said he burned the sheetrock blade in the BBQ pit with the rags, then put the burned items in the trash.

Marlisa asks Woody why they decided to move the body. He says the cops had come by the store about one week before they moved the body.

Marlisa asks Woody about a search warrant that was served on him in July 2012. Marlisa: “Do you recall that?” Woody: “Yes.” Marlisa: “Did you get a call from Baljit?” Woody: “Yes.” Woody said that Baljit told him that investigators came to the store to talk to him. Woody said that they were private investigators that were sent to the store by Frank Carson. Woody said that law enforcement officials showed up at the store at the same time.

He said that Baljit Athwal told him to leave the area, and to go to where Daljit was at. Daljit was at the front register. Woody said he was in the liquor room when the cops showed up. Woody said there were camera monitors there where he could see what was happening. He said the investigators were getting ready to take some shots of alcohol.

Woody said that Daljit told him to go home, and that he would call him when they left. Woody said he got a call around 30 minutes later, and he came back. Woody said the investigators never went to his house, and never told him to keep his mouth shut. I don’t think Marlisa was pleased with his answer to this question. This basically takes Frank Carson out of the conspiracy.

Woody said he left California in 2012 and went to Washington State. He did this after the search of his home. He stayed in Washington for around two months. He said he came back because he was on probation. He said he went to Washington to help his ex-wife with their kids who were having trouble at school. He said that Baljit and Daljit gave him $500.00 for the trip after he asked for some money.

Woody said that Baljit and Daljit thought it was a good idea that he goes up to Washington to help his ex-wife with his kids. Woody said he used an alias of Bob Williams when he traveled by bus to Washington. He said he did this because he was on probation, and was not supposed to leave the area.

Woody said he talked on the phone with Daljit and Baljit while he was in Washington, but had no discussions about the investigation or Korey Kauffman. He said that Baljit told him: “Why not just stay there?” after he asked for money for a bus ticket back to Turlock. After that, Woody said he asked his family for money to get back to Turlock. Woody said the family gave him the money he needed to get back to Turlock.

Woody said that Baljit Athwal treated him normally when he got back to Turlock. Woody said that Baljit told him that it was: “No Biggie” about him coming home from Washington. Woody said he went back to work at Pop N Cork after about one month. He said he was paid irregularly, and got store credit, and had some dental work paid for by the Athwals. He said the Athwals paid $400.00 for him to get his teeth pulled out, and started making $200.00 monthly payments on a $10,000.00 bill for dentures. He said the Athwals made 6 or 7 of these payments, but he still owes $10,000.00 for the dentures. The work was done at Family Dental. Robert said the bill was sent to his house. Marlisa asked Woody if the payments from the Athwals stopped after his arrest, and Woody said: “Yes.”

Woody said he father told him that Baljit Athwal had come over to talk to him. Woody said his father had worked at Pop N Cork. Woody said that Baljit had said: “Keep your mouth shut, and all of this will go away.” Woody said that Baljit and Daljit would give his father money to put on Robert Woody’s book while he was in jail.

Woody said he heard Baljit and Daljit talking about filing a law suit when nobody else was present. He said the law suit they discussed was for damage to their store caused by the investigators during the search warrant, and that the law suit would cause them to stop.

It is now after 4:00PM, and I must attend to some personal business. I think the testimony is almost finished, but I must leave.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 8-9-2016pm (marty)

Court days

117

Confusion and delusion in the courtroom today

by Marty Carlson

8-9-2016

The afternoon session continued Robert Woody on the stand there were talking about when he moved the body from pop and Cork to the mountains. And for some strange reason Mme. district attorney keeps bringing up Walter wells his name and asking Robert Woody if Walter wells was present when any of this happened and every response has been “NO.”

She asked if Walter wells was at the store when they talked about digging up the body with Bobby. And of course Robert Woody said no Walter wells was not there. But there taken a shovel unearths the body with Bobby helping, in addition Robin Aten Hoffer was there also. He stated the tarp are still around the body, they loaded it in the truck with Bobby’s help.

Again Robert Woody stated they did not cover the body in the bed of the truck, self for the second time their driving around with his body in the back of the truck uncovered for anyone to see. They then laughed to dispose of the body, with Bobby driving towards the mountains. Robert Woody stated that it was Bobby, Robin, and himself that were in the truck.

Robert also stated that the store was open when the body was dug up and he was inside the store tending to the counter. Robert Woody stated it took about 10 minutes to unearth the body and at that time no phone calls were made by Bobby, Robert or Robin while they were in the truck. Woody stated he had no idea where they were going, nor did he ask, and it was an hour to 1 ½ hour drive it was at night and he was unable to see any signs in the roads went from asphalt – gravel – to dirt. He stated he never been in that area of the mountains before nor has he ever been back.

At that time there was offer proof that needed be shown by the DA and they made the witness leave the room as the DA had asked him if he had made a trip back with the investigators to the scene where he is Tom Martha Magana argued that he just stated he’d never been back. The judge as usual allowed to question and testimony to stand.

The DA began basically whining about the argument the Martha Magana has been making a continually telling the court that there are not legal arguments in the court trying to tell her she’ll decide that. This whining by the DA continued on all afternoon and escalated right at the end.

Apparently Robert Woody was taken to the road where the body was dumped by investigators and began a long narrative as she usually does when she gets Pissy.

Once Robert Woody retook the stand he stated Bobby decided where they were going and he just went along for the right. He stated they went down a dirt road that was near a campground, that no one was camped in, and pulled the truck off to the side of the road. He was asked if they’d use flashlights or what they used to see as it was middle of the night, and he stated that the is moonlight and starlight it was pretty bright out there and not that dark. He stated they grabbed the body by the feet and I had using the tarp then went down an embankment about 30 yards and placed the body on top of the ground.

I remember Robert Woody yesterday said that he had removed the fingers and the toes from the body so they could not be identified, he placed those body parts in a black grocery bag from the store and left it with the body buried behind pop in court. He now decided to take a black bag and scattered around the area so apparently it could be found and identify Korey. In addition, there were some ranks that he had placed inside the tarp makes the body to absorb the blood.

After leaving the body he stated he took the tarp, rags, and a sheet rock nice returned it to the truck and drove back to Turlock to the pop and Cork, stating a been at the scene about 10 minutes. Stated when he got back into the truck there is no other conversations that occurred on the trip back.

When he returned to the store D was the only one there, and again the Dist. Atty. for some reason asked if Walter wells was there, and he stated again no Walter was not there nor was his car.

Robert Woody said Bobby told him to burn the truck with gasoline to destroy any evidence and they drove out East Street out to the country a bit and let the truck on fire with gasoline and a cigarette. He also stated that D had filmed the truck while it was burning.

He said when he got back to pop and Cork he went home to get some rest, which he said at that time was shortly before daybreak.

The next day he returned to work any heard Bobby say he would make a report of the stolen pickup and collect on the insurance. He also the night before had burned the bloody rags and the knife that he used, the first farm reason he just took the tarp and threw it in the garbage bin.

Woody stated that the police investigation forced them to move the body because they felt that that something was going to happen soon. He stated there was copse in the store about a week before they move the body asking questions and the search warrant was done on July 2012. He also stated there were some investigators that were sent to talk to him and they were hired by Frank Carson, and this was after the search warrants were done. That he stated that they went into the back room and started drinking shots and he just laughed and never did talk to them.

Woody stated that he was told by Bobby to not say anything if he was talk to by investigators. He stated D told him to go home later when law enforcement investigators showed up at the store also, but was then called back to work at the store later on.

He talked about leaving the state to go to Washington state in 2012 Woody had a go take care some issues with his kids up there and after the search warrant. He stated the outlaws gave him about $500 and a bus ticket. He used the name Bob Williams because he wasn’t supposed to leave the area due to be in on probation and he had stayed a couple months. He stated stayed in contact with the Atwahls while he was in Washington. He stated he was never asked, at least at that point, any question by investigators in regards to Korey Kauffman.

It appeared that Robert Woody was not giving somebody answers at the Dist. Atty. was looking for, and there were some issues with the outlaws that he didn’t really want to discuss. And whenever some objections to some of the questions the Mme. DA’s offer of proof is why it was relevant she stated she is inquiring as to what he may say, meaning she doesn’t know what she’s going to say and it’s usually mistake for a lawyer.

After we came back from the afternoon break Robert stated that he and Bobby had been on the phone while he was in Washington but stated he did not want to talk to Bobby about what it happened because he was not proud of what had occurred. He stated he did talk to both brothers at the store the apparently did not want to give him money to come back and so He contacted to his family about getting the money to return which they did.

Woody stated that he got treated just like he always did when he got back to working at the pop and Cork, which was about a month after he had returned. They talked about some dental work that he had done after he came back and when asked how much it costs he stated $400 worth of dental work. And after some prodding by the Dist. Atty. with many objections he realized that she was asking how much it actually spent on his dental work was which he now says is in excess of $10,000. He stated that the out walls were making payments for the dental bill, but it was to his house.

Woody stated when he got arrested in February 2014 and the bills stopped getting paid as he was told by family members he did not know for himself. At this point there seemed to be a lot of confusion with the court about some of the information being revealed as it is being presented in an era regular manner and not in any type of order. The judge inquired if the Atwahls actually talked to any of his family members about the dental bill he says that ensures his silence.

Again we get an offer of proof from the Dist. Atty. as Woody was off the stand DA and says that the Atwahls threaten him to keep to keep his mouth shut and they would put money on the books at the jail for him. At this point the judge was inquiring with the DA a simple question of what the threat was or what they had said in the DA went into a long narrative never really answering the question. The judge finally shut her down and quarter and asked her what the threat was and it was only represented it basically that it came through the family so it was a multi levels hearsay type of threat.

Robert Woody was asked if he knows a gentleman by the name of Kamau and he stated he did not and the DA just continued on asking when he had a visit from this gentleman which led all loud ringing roomful of objections give you just stated he did know the person nor never met the person. It appeared that the DA was getting answers that she did not expect him to say but did say apparently in some of their practice rounds.

But he did keep repeating what he said about the Atwahls telling him to keep his mouth shut and everything will be okay, he also stated that after the search warrant at pop and Cork he was asked to come back and clean up some of the damage from the wires being cut in the locks being broken certain areas of the store.

He also stated that the outlaws were going to sue the investigators for their actions thinking that it would stop the investigation and the case. He also stated that Frank Carson had told them that but there is began Punjabi and he has stated he did not understand the language.

Mme. DA asked Robert Woody if he knows investigator by the name of Frank Navarro, and the brothers had talked about the investigation after an interview was done with Woody by Navarro in July 2012. What he stated he did not know Navarro but then read eventually remembered that he was interviewed by him.

He was then asked about Miranda Dykes a.k.a. of sunny Dykes and he had taken her in 2014 for a few months and stated he never knew that she was wearing a body wire a few times when she was around him. Until she had finally broke down and told him about it. He stated later on he had listened to the body wire recording with Steve Jacobson and he was home at the time when that recording was done. He said what he said on that body wire was not true because he was stupid and high on dope at that time. He was then asked about Keith Hobbs and his relatives and he could not remember who they were initially and then realized it was my Cooley and Eula Keyes.

At that point it was about 4:15 PM there were some other business to be discussed and Robert Woody was taken off the stand for the day.

Of note I noticed Robert Woody was not very clear about his testimony today, his body language was poor, his recall was poor, and it was obvious that he was not testifying to some things that the DA expected him to say. He actually looked at some point like he did not want to be up on the stand anymore, and he’s got a long way to go.

Some of the trivial business being discussed after Woody left the stand is Robert Fortner as stated he had received some cell phone information that was done by a wisdom prior to Jim cooks involvement. And he presented that to the court

Martha Magana stated she had received some discovery today from the Dist. Atty. but is not what was expected, as she was waiting for the recorded conversation between Beverly Woody and Robert Woody at the jail when she was holding a note up to the window telling him what to say to the DA and court. Which of course led to a long contentious argument by all parties involved.

The DA represented that the all recordings and or videos have been turned over and Martha Magana countered that jail visit has not been discovered yet.

Percy Martinez made an argument about the jail visits and the glass and the phone that’s used at the jail for those type of visits and again asked the DA to turn over that information and Mme. DA was already real Pissy probably because her witness is not done very well today, and she retorted very loudly at the end of the hearing that “she’s already explained it what is wrong with you?”

Just goes to show more hate from the right side of the room.

Tomorrow’s court starts at 930 due to some other obligations for some of the attorneys it will close early around 3 o’clock tomorrow.