FRANK CARSON et al 8-17-2016 (tom)

COURT DAYS

120

A MIRACLE HAPPENED

THEY FOUND THE POLYGRAPH EXAM DATA

FRANK CARSON CASE

07/17/2016

BY WILLIAM THOMAS JENSEN (TOM)


Once again, key evidence that had been sought by the defense attorneys was magically found only after the judge demanded that it be found. Marlisa Ferreira, for several days, had told the court that the polygraph examination data was lost. Only after there were calls for the judge to dismiss the case was the polygraph examination data turned over. I am sure this data had never been lost in the first place. Marlisa Ferreira is so predictable. I really don’t like this lady, and the way she conducts her business in the courtroom.

I showed up for court this morning, only to be told by a court employee that the morning session had been canceled, and that court would resume at 1:30PM. I asked the employee why the morning session was canceled, and the employee made some comment about people having appointments. I speculate that the prosecution was not quite ready to turn over the polygraph examination data, and the judge gave them some more time to get it ready. Judge Zuniga made a comment this afternoon that she had been sick with food poisoning yesterday. She still looked a little bit pale when she arrived at the courthouse this afternoon.

We start out the afternoon session, with Judge Zuniga stating that she had received an E-Mail informing her that the polygraph data had been found. It turns out that the information was found on Special Agent Jefferson’s computer.

Defense attorney Martha Carlton-Magana states that the data does not contain reports from Jefferson, or Brodie. Notice I am spelling his name differently today. I had it wrong yesterday, and noticed that after he spelled his name on the stand after being sworn in. Martha states that the defense attorneys did not receive any notes, or pre-interview content in the discovery. Martha states that she can’t open up many of the files with Adobe or Word. It turns out that the defense attorneys do not have a program named Lafayette, which is needed to open up these special files. Martha states that “We do not have all that we need.”

Defense attorney Jesse Garcia states that in all of his years as a lawyer, he has never received polygraph data without an experts written report attached.

Special Agent Brodie starts speaking in court before being put on the stand. He states: “When you do a polygraph exam, you do a pre-test, and then start the polygraph exam.” There are some objections to his speaking before being sworn in and put on the stand.

Brodie is then put on the stand and sworn in. Brodie states that he works for the CDCR, and is certified as an expert in performing polygraph exams. He states that his full name is Michael Brodie.

Brodie testifies that he had been transporting Robert Woody from the Tuolumne County Jail to Stanislaus County 3-4 times before the polygraph exam was done on 04/24/2014 on the 3rd floor of the DA’s office in Modesto.

Brodie testified that the pre-test is used to build trust with the person who is going to be examined. He said that Special Agent Jefferson had done the pre-test. He stated the pre-test, and the interview was part of the video provided to the defense attorneys as discovery. Brodie said that Special Agent Jefferson is just now completing a report, which should be ready for court tomorrow.


Defense attorney Percy Martinez asks Brodie if he did a report. Brodie says: “No.” Brodie states that Jefferson did the polygraph exam on Robert Woody. Percy asks Brodie if Jefferson was part of the “Task Force.” Brodie says: “Yes.” Brodie says that he and Jefferson were in the room with Robert Woody.

Now comes some testimony that contradicts testimony from Kirk Bunch, Steve Jacobson, and Robert Woody. Brodie testifies that he and Jacobson talked to Robert Woody about his potential involvement in the killing of Korey Kauffman while transporting him from Tuolumne County during every drive he was involved with. Brodie testified that he and Jacobson told Woody “facts” about the alleged murder “As they knew them” while driving him to Modesto from Tuolumne County. This confirms what the defense attorneys have been saying all along, that Woody was coached to say what the investigators wanted him to say.

Defense attorney Hans Hjertonsson takes over asking Brodie questions. Hans gets Brodie to testify that Brodie did not transport Woody from Tuolumne County after the polygraph examination that was done on 04/24/2014. Brodie testified that DA Investigator Kirk Bunch had contacted him to arrange for the polygraph examination.

Brodie testified that they had an equipment failure during the polygraph exam, and he had to change Jefferson’s input box with an input box of his own.

Defense attorney Martha Carlton-Magana gets Brodie to testify that he was part of the “Task Force” before Robert Woody was arrested. Brodie testified that he was able to get the polygraph exam data after 6:00PM Monday, and took the data to the DA’s office on Tuesday morning.

Brodie testified that Jefferson wrote the initial set of questions that were asked to Robert Woody during the polygraph exam. Brodie said that he helped Jefferson formulate the questions.


It is brought out that there was a 22-minute gap in the polygraph exam due to the equipment failure.

Defense attorney Martha Carlton-Magana asks Brodie if he left the room during the polygraph exam. Brodie said: “yes.” Brodie said he came back into the room when the equipment failure occurred. Brodie did not remember if he came back into the room again during the examination.

Defense attorney Percy Martinez asks Brodie if he monitored the polygraph exam from outside of the room on a monitor. Brodie said: “No.” Brodie testified that he did not transport Woody to the DA’s office on the day of the polygraph exam.

Marlisa Ferreira asks Brodie if he discussed the results of the polygraph exam with Woody’s attorney Bruce Perry. There was an objection to this which was sustained. Marlisa asks Brodie if he showed Bruce Perry the results of the polygraph exam. Brodie said: “I don’t recall.”

Brodie testified that Bruce Perry was present the entire time of the polygraph examination, but not in the actual room where it was taking place. Brodie was asked by Marlisa if Robert Woody was allowed to speak to Bruce Perry any time he wanted during the polygraph exam. Brodie said: “Yes.” Brodie said that he did not recall if Woody spoke to Perry during the course of the polygraph exam.

At this time, Judge Zuniga states that based on this latest testimony, there is no foundation for the testimony of Bruce Perry in this preliminary hearing. Defense attorney Jesse Garcia asks some questions on this issue, and Brodie states that he can’t recall if Bruce Perry spoke to Special Agent Jefferson before the polygraph. Garcia asks Brodie if Jefferson spoke to Perry after the polygraph examination. Brodie: “I don’t recall.” I notice those pouches on Kirk Bunch’s face bulging out. Silly Wabbit.


Defense attorney Martha Carlton-Magana asks Brodie if anybody asked him to do a report on the polygraph exam. Brodie: “No.” Martha then asks Brodie if anybody asked him to not do a report on the polygraph exam. Brodie: “No.”

Defense attorney Jesse Garcia asks Brodie if he is a police officer. Brodie says: “Yes.” Garcia asks Brodie how long it has been since the last time he transported Robert Woody. Brodie: “I can’t recall.” Jesse Garcia asks Brodie if he had spoken to Bunch, Jacobson, and Evers about the status of the case prior to the polygraph examination. Brodie testifies that he had spoken to these people a couple of days before the polygraph examination. Brodie testified that he was not surprised by getting a call from Kirk Bunch about doing the polygraph examination.

Marlisa Ferreira is asked if she wants to do a re-direct of Special Agent Brodie. Ferreira: “No your honor.” It seems to me that she wanted him off of the stand as soon as possible. His testimony was damaging for the prosecution, to say the least.

We are done for the day. Defense attorney Percy Martinez states that the defense needs to get Special Agent Jefferson on the stand before Robert Woody is put back on the stand. Judge Zuniga instructs Kirk Bunch to give him a call. Bunch states that Jefferson is in Monterey. I think cell phones work in Monterey. Just saying folks. Bunch calls Jefferson. He will be in court tomorrow morning at 9:30AM. Wild horses could not keep me away.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 8-17-2016 (marty)

COURT DAYS

120

Mystery polygraph reappears

by Marty Carlson

8-17-2016


The afternoon session started after no morning session today court started at 1:30 court time 1:40 real-time.

It started with the special appearance by an attorney standing in for Robert Forkner, and her submitting a written waiver for her client for her parents to the court.

And to all our surprise the missing polygraphs of Robert Woody have magically reappeared. Questions and new charts have been discovered to the defense attorney.

Martha Magana argued that there were no notes on the interviews or the pre-interview and it appears on 426 of 2014 the files were created, but the polygraph was actually done on 24 April.

Percy Martinez argued that there some information still not being made available and reiterated what Martha Magana as stated.

Jesse Garcia argued that to the court that he never received polygraph material without expert report and analysis and findings and the judge advised him they are not accepting the findings of a polygraph, but the statements made during the interviews prior to the polygraph.


There’s a lot of confusion about the video’s that were on the CD provided as there was to videos and apparently there was a glitch during the test it had to be stopped and restarted so is it exactly done on a second video. At that point down agent Brody from the California Department rehabilitation tried to state to the court the situation but she stopped them and told them to get on the stand.

The Dist. Atty. started the direct examination of Special Agent Michael Brody, who is a member of the task force on the Korey Kauffman disappearance and homicide. He stated that he had assisted agent Jefferson, who it actually done the actual polygraph himself. He advised that the pre-interview is a session to start to build trust between the examiner and the person being examined and he had had prior contact with Robert Woody on several occasions during transportations to them from court. So he felt it would be appropriate that Mr. Jefferson do the actual testing.

Agent Brody testified that the video was started when the suspect enters the room and the pretest is done on the video. He was asked at that time to go down and look at the video, as you said he had not viewed it yet, to ascertain if that it actually happened. He went to the Dist. Atty.’s desk reviewed the video and admitted that at the start of the video Robert Woody was already connected up to the testing equipment but he stated the pre-interview is actually on video number two.

That led to more confusion as all attorneys were viewing the videos on their laptops at the tables, and many objections were being bantered about, and Mme. DA blurted out can we get past all this they have the discovery let’s just put Woody on the stand like we need to do, and at that point the judge sternly chastise her for making those remarks as this is important information that needs to be resolved.

Percy Martinez asked agent Brody if he did a report and he stated that Jefferson was the examiner so he would’ve done the report. He was also not aware of any reports written by the task force members. The exam was done on the third floor interview room of the District Attorney’s Office, and investigator Steve Jacobson had brought Robert Woody to the exam.

He stated that agent Jefferson had explained the process to Woody for his understanding, but Brody had actually had details of the case that he been briefed and by other members of the task force that he belonged to. He again stated that he had transported Woody to court appearances on several occasions along with Steve Jacobson but stated there was never any type of conversation in the car other than the fact that he had denied involvement. He also stated that Robert Woody is always denied involvement prior to the polygraph being taken.

Attorney Hans began questioning agent Brody and asked again if any reports of been done after the polygraph and is that normal procedure, Brody stated normally it is but also said his involvement in the case was requested by Kurt bunch but it was actually minimal as to the polygraph information.

He stated the pre-interview is about personal relationships and family history etc. during the test apparently there was a glitch on the poly machine and repairs had to be done, by way of changing out one of the boxes on the device.

Martha Magana started asking questions about him with the task force prior to the Woody arrest, and began breaking down the video number one as Woody sitting in a chair already all strapped up not being interviewed at this time but appeared to be getting ready to be examined.


Agent Brody stated he could not recall if he was in the room with Woody when he was hooked up. He stated that Jefferson had wrote the questions for the interview but he had assisted Jefferson and devising those questions. He stated he never devising Haiti’s questions from any conversations during the transportation that he stated he had done with Woody.

Tim Rayne began asking questions how long some of the videos actually word because apparently are some timestamps it did not make sense to him and it appears there was longer period of time than what the actual videos were but apparently they were able to clear it up and I really think catch what they were talking about his had something to do with the times on both videos is started and finished and the recording lights. But there were some issues again because of the malfunction during the test.

Martha Magana advised that the video goes off when the examiner leaves the room and does not understand why they would had to be shut off and restarted, apparently that was due to the malfunctioned it’s part of the audio and video feed. He was asked if he reviewed questions with Perry, Woody’s attorney, and he said he had not.

Percy asked him if he did if he had watched the testing online video or audio or close circuit any time he stated no.

The Dist. Atty. asked him if he had the showed the chart to Woody’s attorney, who was present during the whole thing, and he could not remember. And he was asked if the exam had stopped for the lawyer to advises clients and he said he could not remember.

Jesse Garcia asked agent Brody if he was present with the conversations with Perry about the results are charge, and he stated he has it at that point Jesse Garcia moved to the court that his testimony be stricken as he was not there.

Martha Magana again asked him if he was ever asked the read write a report, or ever asked to not write a report, which he answered no to both.

Jesse Garcia inquired if he was a police officer and he stated yes that was not a graduate of the post Academy as he was grandfathered in during some legislation, so he’s never been to an Academy. Jesse Garcia also clarified that Brody and Jefferson had collaborated to create questions and he had talked to investigators bunch, Jacobson, and Evers in regards to the Korey Kauffman disappearance and homicide. And apparently agent Brody had coordinated the polygraph testing situation for all involved.


The court asked agent Brody if the test and results were actually on his computer were found on agent Jefferson’s computer and he stated Jefferson’s computer.

At that time the judge seemed satisfied and said they might want to consider bringing Robert Woody to the back to the stand, and all the defense attorneys disagreed saying this is raise more questions than they need to be asked of agent Jefferson before they talk to Woody for clarification

Jesse Garcia argued saying the DA discovery had been retrieved and no need for a 402 hearing but also realize now they need to hear from agent Jefferson.

At that point the judge instructed agent Brody to call agent Jefferson immediately right now in court, to see if he’s available tomorrow. After a couple minutes he advised that agent Jefferson would be there tomorrow at 930 and the judge also requires to bring any reports that have been generated on this.

That was the end of the day and court will continue tomorrow at 930, supposedly with agent Jefferson taking the stand to talk about his testing.


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