The afternoon session started 130 court time which ended up being 138 real-time, and when the judge took the bench she talked about the warrant log and for everybody to take a look at the first page of the Ramey warrant affidavit. But did not specify what she was talking about so I really did not understand. It was then moved into evidence.
They also talked about the polygraph the Robert Woody took and there’s no recording of that polygraph for the question-and-answer period prior to taking it.
I understood that there was supposed to be some information revealed that 130 in regards to Capt. crook but that did not take place unless that was what they were talking about in the Ramey affidavit and the log.
One note: I got to the court about a 1130 or 11:40 AM and as I walked in Robert Forkner had just started questioning Robert Woody. In the course of that questioning he was asked about his plea agreement and what he thought he had agreed to. Based on some confusion on his answers Robert Forkner asked him if he understood what he was charged with and what he pled to in the agreement and he stated he did not. Now my understanding is, and I know I’m an idiot, that you cannot make a plea to a crime if you do not understand what you’re pleading to. This is a type of thing I feel that can come around and bite somebody’s ass down the road later on.
Robert Woody got back on the stand after lunch and is still being questioned by her Robert Forkner and he stated that he never been to Frank Carson’s property prior to the Korey Kauffman incident. He stated he had been to Washington several times in the past but never before the homicide occurred. He stated his family namely his kids and ex-wife have been up there about 10 years. He also stated he never demanded money or anything else from the out walls since the incident. Robert Forkner asked him if he understood what type of time he was looking at prior to making his deal.
Apparently in one of the interviews that was discussed the investigator felt that he was holding back information and apparently that was true. He stated he never talked to Frank Carson since the dismissal of the possession of stolen property case.
When he was asked about the brothers fixing his teeth he stated that they had been infected for years and the brothers were willing to fix his teeth and they also wanted to get him off of meth.
When he was asked about sunny Dykes he stated she told him that CPS wanted to take her kids and he wanted tried to help her. He also stated that the scene where Korey was killed he never saw anyone else on the roof or by the fence nor did he ever see any pipes stacked up in the back of the property. He stated that sheet rock knife was one that’s used around the store constantly and he used at the cut tree limbs and such.
He stated all his life he did not like to hurt thing, in fact could not put a worm on a hook to go fishing, because he didn’t want to hurt the worm. He also stated that when he cut the fingers and toes offer Korey Kauffman there was blood everywhere but he did not get any on his clothes. He stated Bobby was holding the hands to help him cut the appendages.
He stated he never lied to get out of trouble before, and that turned out to be a big mistake. He stated he had used shaved keys in the past, and some of the stolen cars that he had done. He has burned cars, and drove them into the canal to destroy evidence.
Robert Forkner asked him if he would be willing to lie to protect his mother, and he said no he would not lie in a court.
Now remember he just said that he never lied to get out of the trouble before and then they started talking about one of the interviews they did and I believe in March 2014 where he stated he lied during the entire interview. He also stated that the list of people that he was supposed to collect as possible suspects in Frank Carson’s thefts was to be turned over to the police for them to investigate.
Not talking about some of these interviews in March 2014 and July 2012 he had talked to Korey Brown about Keith Hobbs had told him three people got over the fence and two people came back over the fence after they heard the gunshot. He had told Korey Brown no one was watching the property, but does not remember telling Korey Brown about what Keith Hobbs it says about Michael Cooley had killed Korey.
Now in these two interviews that I mentioned above Robert Forkner started going down the line in asking questions if what he said was the truth or not the truth. To give you a total, I counted 35 questions where he was asked if it was a lie or not a lie, and the questioning is not done.
The first interview in July 2012 was done by Korey Brown the second interview in March 2014 was done by Kirk bunch. He was asked many times if he had knowledge of the disappearance of Korey Kauffman and he said no, he was asked many times if he knew where the body was he said no.
He was asked by Robert Forkner if he knew you’d be recorded by sunny Dykes, at the time he said he did not but she told him about it later.
He was asked if he knew Christine DeFilippo he said he never seen her before.
As stated during one of the interviews he was asked if he knew where they had done with the body he stated no
Robert Fortner asked him why he why he lied so much in this case and he stated that he is stupid and to avoid prison. He also stated that he had lied to his mother about his involvement. So I wonder who made her story up.
Robert Forkner asked him if he actually talked to his family, and had pizza and beer with them well at the District Attorney’s Office during one of his interviews and family visits he stated he would love to have some now.
He also admitted another lie where he had tried to blame Scott McFarlane for Korey’s murder.
At that time, we broke early for the day there was an appointment that Percy Martinez had to get to in court ended at 3:15 PM with the restart at 930 tomorrow
Today, Marty Carlson and I have decided to split up our duties once again. I attended the morning session, and Marty will be doing the afternoon session. The last two days of testimony, we have both been in the courtroom for essentially the entire day. We are both exhausted, and need to pace ourselves for this marathon of a preliminary hearing. I have written in excess of 3000 words each of the last two days, and have been unable to get to bed before midnight. Rest assured, one of us will be there constantly to keep you informed of what is going on.
We start out the morning session shortly after 9:30AM with discussion about new discovery that has been turned over to the defense, and some other very important issues. It is brought out by the prosecution that there is no recording of a phone call between DA Investigator Steve Jacobson and Robert Woody that was requested by the defense attorneys. Getting discovery from the prosecution is like pulling teeth. The prosecution then states that the jail house visit between Beverly Woody and her son Robert Woody has no recording as well. The defense attorneys all state that every visit is recorded with a system that is present in the Stanislaus County Jail, and that all of the visits for their other clients have been recorded in the past.
An interview between Robert Woody’s father, Robert Lee Woody does not have a recording as well. This interview was done with Robert Woody’s attorney Bruce Perry on 05/15/2015.
We then start discussing polygraph records concerning Robert Woody that were done by Special Agent Brody on 04/24/2014. The prosecution says these polygraph results are being stored on a personal computer owned by Special Agent Brody. The prosecution claims that Special Agent Brody is in Mississippi until at least Wednesday of next week. There is a big fight about this issue, and defense attorney Martha Carlton-Magana reminds the court that she has made multiple requests for this information dating back to last October. This is just another example of how the prosecution has systematically withheld evidence from the defense.
We then go into something that I hear will be blockbuster evidence of withholding evidence by self-proclaimed cell phone expert Jim Cook. This is going to show that the prosecution, and Jim Cook, withheld Brady material that will point to innocence for one or more of the defendants charged in this case. This is the second time that I can remember Jim Cook has been caught withholding Brady material in this case. I heard a comment from one of the defense attorneys that sounded like they have proof Jim Cook lied on the stand. I was not a part of that conversation, but I was sitting down close to where the attorneys were speaking, and just happened to hear that comment.
Defense attorney Robert Forkner starts speaking about this situation. He stated that DA Investigator Kirk Bunch had this information in 2012. Forkner stated that this information contains Brady material, and the defense was provided this material only one week ago. The material was gathered by someone with the last name of Wisen, and should have been provided to the defense before Jim Cook was allowed to testify. Robert Forkner states that he is going to ask that Judge Zuniga throw out the entire testimony of Jim Cook. Judge Zuniga tells Forkner to file a formal motion on this issue. Forkner is going to do so very shortly. Judge Zuniga was provided a copy of this material, and she read it during our 11:00AM break. When we got back in the courtroom, she stated that she had read the material, and the issue will be discussed at 1:30PM. I am sure Marty will have some juicy details for us on this issue.
Defense attorney Percy Martinez states that “We need this information now on the Woody motion, later is too late.” I think he was speaking of another motion that concerns Robert Woody. The defense attorneys say this information is necessary before they can cross examine Robert Woody. Judge Zuniga states: “This is not good if they don’t have it before cross examination.” Defense attorney Timothy Rien then states that a motion is coming to strike all of Jim Cook’s testimony. This makes me think we might be still talking about the issue brought up by Robert Forkner.
It is 10:28AM, and Robert Woody is put back on the stand. He was having trouble speaking today, and someone in the audience made a comment about him not having his dentures in his mouth. His face had a kind of hollow look to it, so this person might be correct.
Marlisa Ferreira starts out asking Robert Woody about him speaking yesterday about him speaking to Keith Hobbs about making threats to Michael Cooley about keeping off the Carson property. Woody said he told Hobbs that he would beat up Michael Cooley if he caught him on the Carson property. From what I see of Robert Woody, he is a very short man, and Michael Cooley would “Clean his clock.” Woody made some comment about Hobbs mentioning something about the night of the Korey Kauffman murder. Woody then talks about a conversation with Frank Carson. Marlisa asks Woody if Carson mentioned anything about a “conflict of interest.” Woody said: “No.” There are many objections, and Woody is taken out of the courtroom for an offer of proof. The judge heard the arguments, and allowed Woody to return to the stand.
Marlisa: “What did Baljit Athwal and Daljit Atwal say about Frank Carson representing you?” Woody: “Keep your mouth shut, and we will find someone to represent you if he can’t do it.” Marlisa: “Did they talk to you about you getting arrested?” Woody: “No.” I note that Marlisa continues to use a tactic where she uses a leading question, and after the objections are sustained, Woody knows how to testify with her next question that is not leading. Judge Zuniga allows her to do this time after time.
Marlisa asks Woody about after his first meeting at Frank Carson’s Law Office. She asks Woody if he received a letter informing him that his cell phone had been tapped. Woody says: “Yes.” He called these letters “Love Letters.” Marlisa asks Woody if he discussed this letter with Daljit Atwal and Baljit Athwal. Woody said: “yes.” He said that he had talked to both of them concerning this letter.
Marlisa then asks Woody if after that discussion he talked to Baljit Athwal and Daljit Atwal about phones. Woody said: “Yes.” Woody said he was told to get “Throw Phones.” These are pre-paid cell phones that are difficult to tap or track. Woody said that Baljit Athwal, in the presence of Daljit Atwal, told Woody to stay off his cell phone, and to get a “Throw Phone.” Woody said he asked if he was going to be provided a “Throw Phone.” He said he was told: “No.” Woody said that Frank Carson told him to get a “Throw Phone” at a local store. Woody said he was not aware if Daljit Atwal or Baljit Athwal obtained “Throw Phones.”
Woody testified that his cell phone was working, but did not have service when the murder allegedly happened. He said his bill had not been paid, and his phone had no service.
Judge Zuniga, at this time, makes the comment to Robert Forkner that she had read the “Blockbuster Papers” I talked about earlier concerning Jim Cook. She then states that “We will take this up at 1:30PM.”
Marlisa Ferreira asks Woody about who paid for the cell phone that he carried. Woody said: “The Athwals.” Marlisa: “Which one?” Woody: “Daljit Atwal.” Woody: “He would take me over to the phone company and pay the bill.”
Marlisa tries to ask some more questions about when he took Korey Kauffman’s body to the mountains. There were many objections, which were sustained.
Marlisa Ferreira asks Woody about how Baljit Athwal was concerning the use of cell phones. Woody said that Baljit Athwal’s cell phone was: “Like a Pacifier” for Baljit Athwal. Woody stated that Baljit Athwal did not use his cell phone on the drive up to the mountains with Korey Kauffman’s body, and did not use his cell phone on the way back as well. Woody said that Baljit Athwal would usually be using his cell phone while driving.
Woody was asked several questions concerning the officers spotlighting the Carson property to try to control the thefts. Woody said that he did not hear what they were supposed to do if they caught someone on the Carson property.
Marlisa Fereirra: “Nothing Further.” I really thought she would make us suffer for much longer than this turned out to be.
It is 11:32AM, and defense attorney Robert Forkner starts out on cross examination of Robert Woody. Forkner asks Woody: “Why are you testifying in this case?” Woody: “That’s funny, why not?” Forkner: “Are you testifying as a part of your plea deal?” This was objected to, and I believe it was sustained. Forkner: “Were you previously looking at Life?” Woody: “Yes.” Forkner talks about how Woody is either looking at 7 years and 4 months, or 12 years and 4 months, depending on how he complies with his agreement. Forkner asks Woody if it is true that he can do anything he wants on the stand. There are many objections from Marlisa Ferreira, and Woody is taken out of the courtroom for an offer of proof. Marlisa Ferreira states that Woody can’t say anything untrue on the stand, or his plea deal can be made null and void. I am sure the prosecution is aware of many lies in his testimony that support their agenda driven theory on this case. They certainly will not make his agreement null and void for such lies that support their case.
Woody is allowed to take the stand again, and Forkner tries to ask this same question in a couple of different versions. All of them did not get past the objections, and he changed to another line of questions.
Forkner: “What is your drug of choice?” Woody: “Meth and Weed.” Woody said he has used these drugs since he was 17, and he is 41 years old now.
Forkner: “In March 2014 did you tell lies about Korey Kauffman?” Woody: “Yes.” Forkner: “Have you been telling the truth since March 2014?” Woody: “No.” Forkner: “You were telling lies?” Woody: “Yes.”
Forkner: “Is Kirk Bunch your friend?” Woody: “No.” Forkner: “Is Steve Jacobson your friend?” Woody: “No.” Forkner: “Do you trust that Kirk Bunch is telling you the truth?” Woody: “Yes.” Forkner: “Do you trust that Steve Jacobson is telling you the truth?” Woody: “Yes.”
Forkner: “Have you stolen cars?” Woody: “Plenty.” Forkner: “More than 20 cars?” Woody: “No.” Woody denied carrying a large set of keys in order to easily break into cars. Woody admitted to a 2006 arrest for car theft. Woody admitted that he stole a police car and was involved in an accident in the vehicle after driving over some spike strips. Forkner: “Were you arrested for assaulting an officer?” Woody: “Yes.” Forkner: “Do you usually carry a knife?” Woody: “No.” Woody: “I am on probation.” Forkner: “Do you carry a knife when you are not on probation?” Woody: “I have always been on probation.” Forkner: “Did you tell investigators that two people from India flew over and killed Korey Kauffman, and then flew back to India?” Woody: “I might have.” Forkner: “Did you tell Jake (Steve Jacobson) that Korey Kauffman’s body was driven up to the mountains in a Sheriff’s Dept. car?” Woody: “I might have.” Forkner then shows the judge the Ramey Warrant, which she still has not read. He shows her page 215 in the Ramey Warrant where this is mentioned. Judge Zuniga finally asks for a copy of the Ramey Warrant. She says that it has been difficult to find. We have it posted on the website. It wasn’t that hard for us to find. Just saying folks.
Forkner asks Woody about the 2nd meeting at Frank Carson’s Law Office. He talks about how that was the day he went over to Michael Cooley’s house. Forkner asks Woody if that was the first time Baljit Athwal talked about the thefts on the Carson property. Woody said he heard this from Baljit Athwal around 20 days before they drove over to Michael Cooley’s house. Forkner asks Woody how he know it was 20 days. Woody makes a “Wise Crack” by saying he “Had it on my calendar.”
Forkner asks Woody if between 2012 and 2014 he denied any involvement in the Korey Kauffman murder. Woody said: “Yes.” Forkner: “Was that a lie?” Woody: “Yes.”
Forkner asks Woody a series of questions about his involvement in the Korey Kauffman murder. Woody denied murdering Korey Kauffman. Woody denied causing Korey Kauffman any bodily harm. Woody denied doing anything that caused Korey Kauffman to die.
Now we get to a very big deal. Woody was questioned by Robert Forkner about his plea deal. Woody admitted that he did not understand what he had pleaded “No Contest” or guilty to. If a defendant does not understand what he is pleading guilty to, I have been told that the plea deal is not valid.
There is so much that is wrong with this case. I think the house of cards is tumbling down. It is time for the innocent to go free.
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