A MIRACLE HAPPENED
THEY FOUND THE POLYGRAPH EXAM DATA
FRANK CARSON CASE
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)