FORKNER CONTINUES TO DESTROY ROBERT WOODY ON THE STAND
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
Today, we saw the continued destruction of Robert Woody on the stand by defense attorney Robert Forkner. Robert Woody had to admit to lie after lie on the stand. Woody could not remember statements that he had made to the investigators, even after being shown transcripts with the statements that he had made. Judge Zuniga overruled most of Marlisa Ferreira’s objections today. It was a bad day for Marlisa to “Stop Sniffing Glue.” Judge Zuniga seemed to be very irritated with Marlisa Ferreira about a situation concerning the polygraph examination of Robert Woody. It seems as though the prosecution is contending that the polygraph evidence has been lost. Where have we heard this before people? The defense attorneys are speaking of making a motion to dismiss the charges based on the repeated instances of lost evidence, especially concerning this latest situation. Now sit back, and I will try to paint yet another picture of you of what happened today, while I spent my entire day in the courtroom.
We started out today with Marlisa Ferreira making the announcement that she had been in touch with Special Agent Brody, and that he had checked on two different laptop computers, and he can’t find the polygraph exam data on Robert Woody. There was an audible gasp from the courtroom as she made her announcement. Judge Zuniga had a strange look on her face. This is the same thing that happened with the game cam pictures, and thumb drive sought by the defense earlier in this preliminary hearing.
Defense attorney Percy Martinez states that this is the same problem the defense has experienced with the game cam evidence that was “lost” by Officer Perry. Percy says this is simply unacceptable. Judge Zuniga states: “I agree.”
Defense attorney Martha Carlton-Magana suggests that the judge sanction the prosecution.
Marlisa Ferreira states that a Mr. Jefferson did the polygraph examination on his own laptop computer. This is the first mention of Mr. Jefferson that I have heard. Percy makes some comment about Robert Woody denying what he had said before on this case, and suggested that he was possibly telling the truth. Percy Martinez makes a request to Judge Zuniga that she dismiss the charges against everyone who is charged in this case.
Defense attorney Robert Forkner states that the prosecution has been continually destroying exculpatory evidence in this case.
Defense attorney Percy Martinez states that: “There is a pattern here.” He mentions the Wisn cell phone records that the defense just recently received. Judge Zuniga states that she wants a formal motion to dismiss to be submitted by the defense. I am sure that is forthcoming.
Marlisa Ferreira states that Robert Woody’s attorney Bruce Perry can testify if Robert Woody lied on the polygraph exam. She states that no court has ever allowed a polygraph examination to be admitted as evidence. She states that Robert Woody has already testified that he lied.
Martha Carlton-Magana states that on 03/01/2014, Robert Woody denied being at the scene of the alleged murder. She then states that after being interrogated for five and one half hours, he suddenly remembered things differently. She then states that on 08/14/2014 he retracted his statement made on 03/01/2014. Martha talks about how the investigators were telling Woody “What the truth was.” Martha tells the judge to look at the videos. She says that Bruce Perry stated that he was out of the room when the polygraph examination took place. Martha makes a comment about Marlisa Ferreira saying this was just a distraction. Martha states that this is much more. Martha: “Their failure to preserve the evidence is causing us to be in a compromised position.” She says that the investigators made no reports concerning the polygraph exam, and now the evidence has disappeared. Martha states that Woody is on the stand right now, and the defense needs the information to conduct their cross examination of Woody.
Marlisa Ferreira brings up case law. She specifically cites People Vs Price, Kyles vs Whitley, Wood vs Bartholomew, and the People vs Wilkenson. She goes on one of her frequent rants.
Judge Zuniga states that she understands the law. She states that the problem she sees is that the purpose of discovery is to let the defense use it to get other witnesses to testify.
Defense attorney Jesse Garcia states that the prosecution has obviously spent a long time doing the analysis of this situation, because they have so many case laws to cite. He mentions that they have been doing this over the last ten months, and only after a defense inquiry did they reveal its existence. He states that this will make the cross examination of Robert Woody impossible. He states that transcripts of an interview with Woody reveal that Woody was pressured to make admissions that supported the prosecution’s theory on this case, and that Robert Woody has been continually changing his testimony.
Defense attorney Robert Forkner says something about: “We are told there is no prejudice. Now we are supposed to have them testify from memory what they did 2 years ago.” He states that Marlisa Ferreira must know the polygraph exam data has already been destroyed. He says this is unbelievable, and there is no way Jefferson and Brody can come in here and accurately testify about what they did 2 years ago.
Defense attorney Percy Martinez states that Marlisa fails to admit that every statement made during the polygraph is admissible, and that the first time he had heard of Mr. Jefferson was last week. He says the investigators made no notes, made no recordings. He says there are a total of 10 statements from Robert Woody. He says the prosecution buried the evidence. “They destroyed the evidence.”
Defense attorney Martha Carlton-Magana states that the court can impose sanctions on the DA’s Office. She states that Woody tried to recant his 03/01/2014 interview during the polygraph, and that Woody was telling the truth.
Marlisa Ferreira states that last Friday she was informed by the daughter of Special Agent Brody that she could not find the polygraph exam data on the computer that Brody had. Brody came back immediately from Mississippi, and he could not find the polygraph data as well. Marlisa again goes on one of her rants. I notice the judge has a sour look on her face. Judge Zuniga says she wants a “402” on this issue.
Defense attorney Percy Martinez says that the damage has already been done. He states that he is not prepared to ask Brody or Jefferson questions that they will have to answer totally from their memory. Percy says that Marlisa said that Bunch was present during the polygraph examination, and that he had done nothing to preserve the results, and had prepared no reports on the polygraph.
Marlisa Ferreira states that the polygraph was not set up by the DA’s office.
Defense attorney Percy Martinez states that the polygraph was done 2 years ago, and it came back that Woody was not being truthful, and that Woody had no recollection of the events. He stated that Marlisa has us at a disadvantage.
Robert Forkner states that Mr. Jefferson did not craft the questions that were asked to Robert Woody during the polygraph examination. He stated that DA Investigator Kirk Bunch had certainly crafted the questions.
Marlisa Ferreira once again goes on one of her patented rants.
Percy Martinez states that the DA’s Office records everything.
Defense attorney Martha Carlton-Magana states that the polygraph examination took a very long time, and that Robert Woody’s attorney Bruce Perry missed his dinner engagement because it took so long. She states that Robert Woody was telling the truth during the polygraph examination.
Defense attorney Robert Forkner states that on 07/22/2014, Robert Woody implicated Frank Carson and Walter Wells, and then recanted his testimony. Forkner asks: “Who loses stuff off a laptop computer? Forkner states that the Wisn reports are exculpatory as well, and that the defense attorneys just recently got them. He states that DA Investigator Kirk Bunch had the Wisn reports in 2013.
Judge Zuniga instructs Marlisa Ferreira and Kirk Bunch to contact Special Agent Brody, and the High Tech Department in Sacramento concerning this crisis.
Defense attorney Robert Forkner states that the data would have to have been deleted for it to be lost, or there would be a file on the computer.
Kirk Bunch returns to the courtroom after calling Special Agent Brody. He states that Brody is “In route” to Sacramento to take the laptop computers to the High Tech Department.
Judge Zuniga gives the defense attorneys the choice if they want to have Brody and Jefferson put on the stand tomorrow morning at 9:30AM.
Defense attorney Martha Carlton-Magana states that a young lady named Chris Alvernaz is in the courtroom, and that the defense attorneys have proof that she is the one who showed a sign to Robert Woody through the glass during a visit at the jail. Martha states that she is concerned that Robert Woody’s testimony will be contaminated by Ms. Alvernaz.
Defense attorney Robert Forkner states that Ms. Alvernaz is likely to be called as a witness in this preliminary hearing.
Judge Zuniga states that Ms. Alvernaz will have to be subpoenaed before she can bar her from the courtroom.
Defense attorney Jesse Garcia states that he is not ready to cross examine Robert Woody until this situation with the polygraph data is resolved.
Defense attorney Robert Forkner starts his continuing cross examination of Robert Woody. Forkner asks Woody about when Steve Jacobson and Dale Lingerfeldt picked him up from the jail. Forkner asks Woody what they talked about during the drive. Woody: “My Cellie.” I don’t think woody has a cell mate. Just saying folks.
Forkner asks Woody if he remembers going to the mountains on 08/15. Woody says: “Yes.” Woody said one of his lawyers, Martin Baker, was in the car. Woody stated that the trip was not video-taped. Woody said that Martin Baker was with him when he went to the Carson property on 9th street in Turlock. Woody at first states that Baker taped this visit on his cell phone, but almost immediately says it wasn’t taped.
Woody denies to Forkner that he had seen the transcripts of Beverly Woody’s testimony, or any of her reports. Woody denied that either of his attorneys had told him about his mother’s testimony. I don’t believe that is true. Forkner asks Woody why he was upset with what his mother had testified to. The phone call was to Robert Woody’s father. Forkner: “Did your mother tell you?” Woody: “yes.” Woody: “She placed people there that weren’t there.
Forkner asks Woody about the sign that was held up in the window at the jail. Forkner: “I assume you have a copy.” I could not understand Woody’s response to this. Woody once again says that his mother was putting people there who weren’t there. Woody states that the sign said he should place Frank Carson on the property, with Daljit Atwal handing Frank Carson the gun to drive off with. Woody also said the sign said that a CHP was parked on the street. This is a clear case of suborning perjury folks.
Forkner asks Woody about the polygraph examination once again that was done on 03/01/2014. Woody states that the polygraph examination was done at the DA’s Office. Woody states that Kirk Bunch was not in the room with him. He said that his lawyer and Steve Jacobson were present with him. I believe he said that they were outside of the room. Woody said that Special Agent Brody was present outside the room. It appears that Special Agent Jefferson was in the room with Woody administering the polygraph examination. Woody denied going over the questions that were going to be asked to him during the examination.
Forkner asks Woody if he had an understanding that he could get life if he did not tell the truth. Woody: “Yes, screwed yea.”
Forkner asks Woody if he read the testimonial agreement. Woody: “Yes.”
Forkner asks Woody about his 9 interviews, and if he knows why the polygraph examination was not listed on the testimonial agreement. Woody’s attorney Bruce Perry then objects due to attorney client privilege. I thought Woody had just waived this privilege.
Defense attorney Robert Forkner states that this was a “Blanket Waiver” of his attorney client privilege. Judge Zuniga states that she has not read his waiver. Robert Forkner states that he will provide the judge a copy of the waiver.
Robert Forkner tells the judge that he provided her with a page from the Ramey Warrant. It was page 128. Marlisa Ferreira then wants to look at this page. Judge Zuniga reads the page. Marlisa Ferreira objects to the page as being hearsay. Judge Zuniga states that not all of the page can be admitted. It is now time for our lunchtime break.
When we return for the afternoon session, defense attorney Robert Forkner states that the prosecution relied on the Ramey Warrant for a special circumstances case, and wants the court to take “Special Notice” of the page that he submitted.
Marlisa Ferreira states that there is no foundation for “just this page.” She states the page is being taken out of context.
Judge Zuniga states that some of the page comes in. Forkner wants lines 11-13 to be admitted. Marlisa Ferreira objects, and her objection is overruled. Marlisa makes another objection on foundation, and it is overruled.
Defense attorney Robert Forkner states that he has a copy of Woody’s waiver of the attorney client privilege.
It is at this time that I notice that the Bee reporter is seated in the courtroom. He was not here this morning.
Judge Zuniga reads the waiver of attorney client privilege.
Defense attorney Robert Forkner once again states that it is a “Blanket Waiver.”
Robert Woody’s attorney Bruce Perry states that “There are things in there that will allow our client to disclose things to clear up testimony.”
Robert Forkner brings up the bottom of page 6 where Forkner claims Woody waives everything.
Judge Zuniga rules that she is going to sustain the attorney client privilege. I just do not understand this ruling.
It is now 1:58PM, and Robert Woody is put back on the stand. Judge Zuniga moves in transcript #129 into evidence.
Robert Forkner asks Woody about an incident where he stole a truck, and ran from the police, and crashed after driving over spike strips. Woody stated that his brother had the keys that allowed them to steal the truck. Woody said he was driving the truck.
Woody testified that he did not steal any cars while in Washington State. He denied that he burglarized any liquor stores while in Washington State. Woody “Did not recall” when asked if he gave information to law enforcement regarding family members to keep himself from being arrested.
Forkner asks Woody how he knew his mother had testified. Woody: “Mom told me.”
Forkner asks Woody if he was telling the truth during his polygraph examination at the DA’s office on 04/24/2014. Woody: “No.” Forkner: “What was untrue?” Woody: “Where the body was, and who did it.”
Forkner asks Woody how long it took him to cut off the fingers and the toes of Korey Kauffman. Woody: “10 minutes.” Forkner asks Woody if he removed the teeth. Woody: “Sunny Dykes lied.”
Forkner asks Woody if he is aware of the Ramey Warrant. Woody: “No.” Woody said he talked to his family about the “Online Circus Court.” I guess I am a part of that Mr. Woody, but I don’t think my reports should be described that way.
Forkner asks Woody about a phone call where he talks about “Them trying to make you lie?” Woody: “Don’t Recall.” I know a recording of this call exists, and is in the possession of the defense attorneys.
Forkner: “Did you tell Steve Jacobson that your mother was telling him stories?” Woody: “Yes.”
Forkner brings up page 14 of the 03/01/2014 interview lines 8-10. In this he blamed Scott McFarlane for killing Korey Kauffman. Forkner asks Woody if this was a lie. Woody: “Yes.”
Forkner brings out page 117 line 18 to the bottom of this interview. He asks Woody if Bunch and Jacobson were “Drilling You.” Woody states that this is “Just a term.”
Forkner brings up page 121 where Woody states that “I didn’t put no hands on him.” “I didn’t dump him off.” “I didn’t move him.” Woody says that was a lie. When does this asshole ever tell the truth? Just saying folks.
Forkner brings up page 136 lines 1-8 where Woody talks about evidence being in the truck. Woody states that was a lie. Woody states it was a lie when he stated that there was “Nothing in the truck.”
Forkner brings up page 166 line 23 where Woody said: “I was not there.” Woody said that was a lie.
Forkner brings up page 181 line 23 to the bottom. It concerns a bathroom break that took 43 minutes where Bunch went with him to the bathroom. Bunch states: “Let’s not talk about the case.” Forkner states that: “You made a statement to Bunch while you were on the bathroom break.” “You told Bunch that you left before the situation at the Carson property got out of hand.” Woody said he “Vaguely” remembered that. That reminds me of George Bush’s “Strategy” that he spoke about. Both of them are very intelligent men it seems.
Woody told Forkner that he read his transcripts that were provided to him by Steve Jacobson. This was objected to. Woody was taken out of the courtroom, and arguments were made. Judge Zuniga overruled Marlisa Ferreira’s objection.
Forkner once again asks Woody if, in his 03/01/2014 interview, he denied being there until after his bathroom break. I am not sure what his answer was to this question. Forkner: “What was said to you by Bunch and Jacobson?” “Did they threaten you?” Woody: “No.” Forkner: “Were you pressured?” Woody: “No.” Forkner: “Talk to Brody?” Woody: “No.” Forkner: “Talk to Bunch?” Woody: “No.” Forkner: “During the interview did you ever say you were present when Korey Kauffman was beaten up?” Woody: “yea.”
Forkner: “Was the first time you told that you were present during the bathroom break?” Woody: “Yea.”
Forkner: “Do you remember telling Bunch that Baljit Athwal drove his Toyota over to 9th street on 03/30/2012?” This was objected to, and the objection was sustained.
Robert Forkner goes to page 189 pages 22-23. There is an objection from Marlisa Ferreira, and it is overruled. Marlisa Ferreira seems desperate, and is grasping at straws at this time. Woody is taken out of the courtroom. Woody is brought back to the stand.
Woody says he does not remember saying that Baljit Athwal drove his Toyota over to 9th street, even after being read his testimony.
Forkner asks Woody how far from the Carson property did Baljit Athwal park on 03/30/2012. Woody says Baljit parked in the driveway. Forkner says that Woody testified in his interview that Baljit parked down the street a little bit. Forkner asks him if this was the truth, or if it was a lie. Woody: “Lie.”
Woody is allowed to step down. It is time for our 3:00PM break. His propensity for telling lies makes me think of the little boy who cried wolf. You can’t believe anything that comes from his mouth. I have been told a joke recently. The person asked me how you can tell when Robert Woody tells a lie. The person told me “When his mouth moves.” It made me laugh.
Woody is brought back to the stand after our break. Forkner asks Woody if he remembered Kirk Bunch telling him “facts” about the prosecution’s theory of the case. Woody is asked if he was told about Frank Carson’s property, how someone went over the fence, and how Baljit Athwal ripped into Korey Kauffman. Woody: “Not to my knowledge.” It seems he has been coached to give these type of answers when he does not want to answer the question. Woody said his mother had told these things to Kirk Bunch.
Forkner: “Did bunch tell you about consequences, that the prosecution had a very compelling case?” Woody: “Not to my knowledge.” Forkner then reads line 18 where this statement was made by Bunch. Bunch speaks about two guys, and another guy who were involved.
Judge Zuniga, after objections, says this testimony will come in for non-hearsay reasons. She states that the defense has asserted all along that law enforcement has been trying to influence witnesses in this case. I think she is “Getting it.”
Forkner: “Mr. Woody, do you remember Bunch threatening you with the death penalty?” Woody: “Maybe.” I certainly would remember someone threatening me like that.
Forkner: “You remember Bunch telling you if Frank Carson told you advice, it would not be good for you?” Woody: “No.” Forkner asks the same question about advice from Baljit and Daljit. Woody says: “No.” Woody then says he “vaguely” remembers that.
Forkner asks Woody if it scared him to have Bunch threaten him with the death penalty. Woody: “For sure, it would anyone.”
Forkner: “Did Bunch tell you your denials are useless?” Woody: “Somewhat.” Forkner reads line 13 into the record, and asks if this refreshes Woody’s memory. Woody: “No.” There are objections to this, and Woody is taken out of the courtroom.
Judge Zuniga asks Forkner to change his question. Forkner tries again, and once again, Woody is taken out of the courtroom.
Woody is brought back in, and Forkner asks him if Bunch told him he would be convicted of murder if he did not cooperate. Woody: “No.” Forkner: “Did Bunch tell you your situation was hopeless?” Woody: “No.” Forkner then reads page 181 lines 23-28. The death penalty was mentioned on page 29. Woody agreed that this reference to the death penalty happened before he had his bathroom break. This seemed to be quite a motivator for Mr. Woody. Woody estimated that the bathroom break took about one hour. He must have been constipated.
Forkner: “Do you remember Bunch telling you that “He would go to his boss” if you would cooperate? Woody: “No.” Forkner: “Did Bunch convince you your denials were making it worse for you?” Woody: “Yes.” Forkner: “Did Bunch tell you it was not too late?” Woody: “yes.”
Forkner: “Did Bunch text you that you can make a terrible situation into a better one?” Woody: “No.”
Robert Forkner is now done with his cross examination of Robert Woody, but reserves for more when and if the polygraph data is obtained. Woody is allowed to step down.
We are set to go with the testimony of the two Special Agents tomorrow morning at 9:30AM. Defense attorney Robert Forkner says he can start with their testimony tomorrow.
Judge Zuniga tells Kirk Bunch to call Special Agent Brody to speak with him.
Defense attorney Hans Hjertonsson states that he will need the information from Brody by tonight, or very early tomorrow to be prepared. Marlisa Fereirra says she will do her best to get the information sent out as soon as possible. Woody is expected to be back on the stand in the afternoon, if not sooner.
Sincerely; William Thomas Jensen