FRANK CARSON et al 8-23-2016(warren)

GROW A, OH NEVER MIND

By Warren Yates

8-23-16

We are back for the afternoon session. Jess Garcia started out his argument relating that Special Agent Johnson did a pretest and another one that could not be located. The polygraph interview should show the examinee coming into the room. Special Agent Johnson had no recollection of what went on that day and he had to use the video to refresh his recollection and to write his report. To a half years later.

Special Agent Johnson did not remember if Robert Woody was in custody or not. To any person with half a brain, it would be apparent that if somebody came in in an orange and white striped jumpsuit, that would pretty much give it away. Maybe Special Agent Johnson was trying to exemplify the fact that he didn’t remember much about the interview. Jess Garcia went on to state that the absence of a complete video precludes the defense accurately cross-examining Woody. That should not be allowed.

Martha Carlton Magana then stated that the polygraph had been mentioned months ago. Two weeks ago Special Agent Johnson and Special Agent Brody said they can’t find the polygraph and report. The polygraphs existence was not a surprise to Special Agent Bunch as he was present during the polygraph. The question was asked why did it take two in a half years to have the polygraph information brought out.

Ms. Magana stated that sanctions were appropriate but she was preserving them for now. There was a large hunk of video missing and no notes from Special Agent Johnson prior to the interview. The defense did not know until this statement that Robert Woody had recanted his confession. Robert Woody and Steve Jacobson talked about the case while driving. There were conversations outside of the polygraph.

The Dist. Atty. has a history of nonexistent information which was then found out after probing by the defense attorneys.

Mme. Chief Deputy Dist. Atty. Ferreira objected fiercely to that statement. Judge Zuniga overruled her objection much to Mme. Chief Deputy district attorney’s chagrin.  KAPOW!!  Ms. Magana went on to state that Evers had said that some of the files in the case were erased by Mr. Perry. She stated that the District Attorney’s Office is always slow in providing Brady material. She alluded to the fact that their cell phone expert Jungle Jim Cook had lied which was discovered by use of a program called “WIZEN”.  I have never heard of it and do not know if that is even spelled correctly.

Ms. Magana went on to state that there was a thumb drive mystery and the game camera pictures mystery. She didn’t know if the omissions regarding the Brady material were done intentionally or through negligence. I’m sure that Mme. Chief Deputy Dist. Atty. Ferreira will claim negligence much like a certain politician who declares that she only sent emails that were secret because of her negligence. Mme. Chief Deputy Dist. Atty. Ferreira and a certain politician, what a pair to draw to.

Ms. Magana went on to state that the District Attorney’s Office is not being held responsible.

Mme. Chief Deputy Dist. Atty. Ferreira comes roaring back with a statement that sanctions are not warranted. She’s claiming that the discovery has all been provided. The defense has not suffered due to a due process violation

Now at this point Mme. Chief Deputy Dist. Atty. Ferreira begins a rattling off a Bunch of mumbo-jumbo, blah, blah, blah with everybody wondering what she’s talking about in her own little world. She states that when the defense uses the term begging the question it is actually speculation. Yawn, yawn, yawn. There was an objection by the defense to her line of questioning and the objection by the defense was sustained. Kapow!

Mme. Chief Deputy Dist. Atty. Ferreira then stated that Special Agent Brody called in Special Agent Johnson to avoid a conflict of interest and the conversations between Special Agent Johnson and Special Agent Brody are not relevant here. They both said they took no notes. Mme. Chief Deputy Dist. Atty. Ferreira states that the record is complete.

Mme. Chief Deputy district attorney stated that Martha Carlton Magana’s dog piling stuff to malign witnesses and their testimony. (OBVIOUSLY THE DA HAS FORGOTTEN HOW MARVELOUSLY HER DIRTBAG DREGS OF SOCIETY THIEVES, DOPERS, BURGLERS, CRIMINAL ASSAULTERS, DRUG DEALER, EMBEZZELER WITNESSES HAVE MALIGNED THEMSELVES AND THEIR TESTIMONY) Martha Carlton Magana is trying to allege prosecutorial misconduct but according to Mme. Chief Deputy Dist. Atty. Ferreira nothing warrants the prosecutorial misconduct attempt by Ms. Magana.

The fact that the information about the polygraph was not brought out immediately was now called by the Dist. Atty. a “huge inadvertent mishap”. That’s a term that is likened to the term that was used when Special Agent Bunch was caught lying on the stand.  Then that was referred to as “incorrect” rather than what it should have been, perjury.  

So now instead of a Brady violation the semantics coming out of the District Attorney’s Office now call a Brady violation a “huge inadvertent mishap”. Looking at it that way I see several persons, places or things in the courtroom that could be called a “huge inadvertent mishap”.  If you get my drift. JUST SAYING…

Mme. Chief Deputy Dist. Atty. Ferreira goes on to state that there has been no suppression of exculpatory evidence in this hearing. Mme. Chief Deputy Dist. Atty. Ferreira continues her whining saying that Ms. Magana keeps saying that Special Agent Bunch had a hand in the polygraph. Wah, wah, wah, let’s call a whambulance. She stated that Special Agent Bunch was busy elsewhere until Special Agent Brody needed a ride to get some equipment. I guess they don’t issue driver’s licenses to special agents anymore. Or possibly Special Agent Bunch and Special Agent Brody needed to discuss some of the situations involving the polygraph. Just saying…

Mme. Chief Deputy district attorney was running off so much at the mouth that the judge asked her where she was getting this from and she stated that it was from the California Preliminary Handbook RE: 995. She stated there was no impeachment of Woody necessary because he already stated he lied to the police and the Dist. Atty.

Defense attorney Percy Martinez then responded to some of the rantings and ravings of Mme. Chief Deputy Dist. Atty. Ferreira. The first thing he said was that the DA was incorrect in stating that the defense asked for a 402 hearing. It was shown in the record that in fact it was Mme. Chief Deputy Dist. Atty. Ferreira’s idea to have a 402 hearing.  KAPOW!!  Wrong again.

Mr. Martinez went on to state that Special Agent Bunch knew about the polygraph and did not mention it in any report. The polygraph was only discovered because the defense attorneys dug it out, otherwise it would not have come out.

Robert Woody makes fully exculpatory statements and it’s not the Dist. Atty.’s position to decide what should be given as exculpatory evidence. The defense cannot prepare without timely information and the District Attorney’s Office has failed to provide evidence which is their duty to provide.  KAPOW!!

Attorney Jesse Garcia then stated that Mme. Chief Deputy Dist. Atty. Ferreira had miss-stated the record what she said that Special Agent Brody was not present during the pretest of the polygraph. Mr. Garcia showed that Brody stated he was present. Special Agent Johnson had testified that he had notes for Special Agent Brody when he composed his questions. KAPOW AGAIN!!

Ms. Magana then stated that Special Agent Brody said that he knew Robert Woody denied involvement in the murder when he helped develop the questions. Mme. Chief Deputy Dist. Atty. Ferreira had said that Woody has been consistent. This of course is not true because he had so many different stories it would’ve filled two Aesop fairytale books. KAPOW AGAIN!!

Then Mme. DA Boo Hoo said that she is not being cavalier and that the defense has had the polygraph information for over a week and there is no reason not to be ready to proceed. She then cried out stating that she has met burden of proof regarding Brady and is not being cavalier. Mme. DA Bo Hoo really likes the word cavalier for some reason and again states that she has satisfied all the mandated requirements of the Dist. Atty.

Mme. Chief Deputy Dist. Atty. Ferreira must be taking drama or acting lessons in the evenings. She raises and lowers her voice to different levels which reminds me of some of the screeching one of the candidates for president does.  The person I am thinking of wears pants. Oh wait. I guess I better clarify that one and say the person I’m thinking of is married to a woman. That should clear it up.  She then gives more mumbo-jumbo and states that she’s the one who caught the situation about the polygraph.

Defense attorney Percy Martinez then stated that the DA says that the defense has all the discovery. He then stated that the DA caught nothing and the 70 to 80 hours work that the defense attorneys put in going over Robert Woody statement is what caught the issue about the polygraph, not her or her minions.

He also stated that both Special Agent Bunch of Special Agent Brody obviously knew about the polygraph and why didn’t they make a report about. That information should have been turned over last September when Judge Manoukian told the Dist. Atty. to turn over all the discovery which they failed to comply with.

Then as today was closing, Mme. DA Boo Hoo was whining that one of the comments that Martha Carlton Magana made was personal toward her. And she wanted her to apologize. Judge Zuniga stated that both the defense and the prosecution should know that because of the “culture out here” that is normal. The judge said if you remember Mme. DA Boo Hoo, yesterday you said something to Mr. Garcia that you expected to be taken in jest. So owing to the culture here that’s normal.

Just in case Mme. DA Boo Hoo doesn’t get it, the judge is telling her to suck it up, put on your big girl panties and grow a, oh never mind. You get my point.

It was quitting time and rather than rule on the motion now the judge will give her ruling in the morning. Court will reconvene tomorrow morning at 9:30 AM. Be there or be square.

FREE THE FRANK CARSON 8

FRANK CARSON et al 8-22-2016(tom)

COURT DAY

122

PROSECUTION BUSTED FOR MISCONDUCT

AND POSSIBLE WITHHOLDING OF BRADY MATERIAL

FRANK CARSON CASE

08/23/2016

BY WILLIAM THOMAS JENSEN (TOM)

Today, I attended the morning session of the Frank Carson preliminary hearing, and Warren Yates will be reporting for the afternoon session. Today was literally a war. It was one of the most contentious days in court that I have witnessed in this marathon preliminary hearing. We heard evidence that a prosecution witness, who had been removed from the courtroom, was allowed to listen in to testimony from another prosecution witness in violation of courtroom rules. We heard a rant by Prosecuting DA Marlisa Ferreira about the activities of people in the audience (Like Me) who are reporting what they see, and exercising their First Amendment Rights in a public trial. And finally, we heard arguments from the defense how they were deprived of Brady Material (Exculpatory Evidence), and how the defense was prevented from defending their clients who have been charged in this case. Now sit back, and let me paint yet another picture for you of this never ending preliminary hearing that has entered its 11th month.

We start out this morning with defense attorney Percy Martinez bringing up an issue that occurred just before the end of yesterday’s session in court. I heard about this incident yesterday when I left the courtroom. Percy Martinez eloquently described how Special Agent Brodie was listening in to the testimony by Special Agent Jefferson after he had been removed from the courtroom and placed in a separate room. The room that Brodie was put into was next to the overflow room where people can sit when the main courtroom is full. The overflow room was completely empty, but someone had put on the sound system, and had it playing at an extremely loud level. The sound was so loud, that the testimony in the courtroom could be heard in the hallway outside of the overflow room. Several people who were entering the courtroom noticed the situation, and brought it up with the Deputies that were present. This is not the first time this situation has come up during the last 11 months. Beverly Woody was caught listening to the testimony of Robert Woody after she was ordered to not be present in the courtroom. I am aware of other instances where it appeared that other witnesses were allowed to “Listen In” as well.

Percy Martinez brings up the details of what I just described for you. He tells how Special Agent Brodie is seen “Fist Bumping” Special Agent Jefferson who had just testified while Brodie was supposed to be out of the courtroom. He describes how a person from the audience had walked into the overflow room, and seen the door leading to Special Agent Brodie’s “Quiet” room open, and how the volume was turned up so that anyone could hear what was being said in the courtroom. Percy Martinez states: “This puts into question the integrity of Special Agent Brodie. Percy Martinez states that he wants Brodie to be admonished for his misconduct. We got no response from Judge Zuniga on this request. I assume it will just be added to defense attorney Robert Forkner’s long list of misconduct that is contained in a huge motion to dismiss that he has drafted. It gets thicker every week.

Prosecuting DA Marlisa Ferreira then goes on an asinine rant that infuriated nearly everyone present in the courtroom. Here are a few things that I jotted down from her rant: “I have no idea what they are talking about” “It is not the witness’s duty to control the court” “It is ludicrous for them to be bringing this up” “I have never been on a case where the audience has injected themselves into a case like the people are doing in this case” “They are trying to impune (sp?) the witnesses in this case”

Defense attorney Martha Carlton-Magana states that: “Those kinds of insults are unwarranted.”

Percy Martinez: “Ms. Ferreira doesn’t care if it happened or not.”

Marlisa Ferreira: “It is a 3rd party hearsay scenario.”

I notice at this time that DA Investigator Kirk Bunch has those bulging pouches on his cheeks once again, and is extremely red faced. Silly Wabbit once again.

Judge Zuniga: “It did come to my attention that someone had complained to one of the bailiffs.” She will probably just ignore this situation just like she has ignored all of the misconduct that has occurred in this fiasco.

It is now 9:57AM, and Special Agent Brody is put on the stand. Percy Martinez takes no time to bring up the issue that had just been discussed. Special Agent Brody testifies that he could : “Just barely hear” the testimony of Special Agent Jefferson. Percy Martinez states that the testimony could be heard all the way out to the hallway. Percy Martinez asks Brodie if he had “Fist Bumped” Special Agent Jefferson.” Brodie: “Yes.” Brodie denied that the door to the witness room had ever been open while he was in the room. That is in direct conflict to the report of eye witnesses that reported the event. Brodie was very shaken on the stand, and his face was turning a beet red color at this time. We are now done with discussing this latest example of injustice in Stanislaus County.

Percy Martinez continues asking Special Agent other questions. He asks Brodie about the 04/24/2016 polygraph examination of Robert Woody. Brodie testifies that the polygraph was done for the “Task Force.” It seems as though Marlisa Ferreira has quit objecting to the use of that term. Percy Martinez: “When you set up the polygraph, were you instructed by someone else?” Brodie: “Yes.” Percy Martinez: “Who?” Brodie: “Kirk Bunch.” That is in direct conflict with some earlier testimony that we have heard. Percy: “Did you report the results to Kirk Bunch?” Brodie: “No” Percy: “Was Bunch monitoring the polygraph from outside of the room in real time?” Brodie: “No.” Brodie then contradicts himself by testifying that he gave the results verbally to Kirk Bunch right after the polygraph. Brodie is once again turning beet red on the stand. Percy: “Did you have Jefferson do the polygraph because you wanted an independent polygrapher (sp?) Brodie: “Correct.” Percy: “Did you help Jefferson score the polygraph?” Brodie: “Yes.” Percy: “Didn’t you think that would be a conflict of interest?” Brodie: “No.”

Percy Martinez: “You were more experienced with polygraphs?” Brodie: “Yes.” Percy: “You were a participant of the Task Force?” Brodie: “Correct.” Percy: “You came to do the polygraph at the request of the Task Force?” Brodie: “Yes.” Percy: “Why was the polygraph done?” Brodie: “Cause Woody was denying involvement in the killing of Korey Kauffman.” Percy: “Did you inform Jefferson that Woody had claimed sole responsibility for the killing of Korey Kauffman?” Brodie: “I don’t recall.” He uses this reply far too often. Percy: “You were present when Miranda Dykes had done her body wire where Woody had said that?” Brodie: “yes.”

Brodie tells Percy Martinez that he can recall some, but not all about the events of the polygraph. Percy Martinez brings up the fact that in video 1, Woody was already hooked up to the machine before the pre-test interview. This is never done this way normally. Percy: “You saw Jefferson set up the equipment?” Brodie: “Yes.” Brodie testifies that you have to manually set up the equipment to record. Brodie says that he never told Jefferson to not write a report of the polygraph. Percy Martinez is done with Special Agent Brodie at this time.

The nice young lady attorney that is filling in for Robert Forkner asks Brodie if he saw Jefferson manually turn on the video recording. Brodie: “No.” She asks Brodie if he asked Jefferson to turn it on. Brodie: “No.”

Defense attorney Martha Carlton-Magana asks Brodie if he had done prior polygraph examinations on people associated with this case. Brodie states that he has done five or six such polygraphs. Brodie states that he did a polygraph on John Padilla. He states that Jason Armstrong refused a polygraph. Brodie states that he did not do a polygraph on Eula Keyes. Brodie did not do a polygraph on Michael Cooley. Brodie states that he did 7 or 8 polygraphs from April 2013 to September 2013 for other agencies. He states that he did 2 polygraphs for the Turlock Police Department. Brodie states that Stanislaus County does not have to pay the CDCR for his polygraph services. Martha is now done with her current questions with Brodie.

Percy Martinez asks Brodie about the 5 to 6 polygraphs he did on other people associated with this case. It is brought out that Brodie did written reports on each and every polygraph in this case, except Robert Woody’s polygraph. Brodie states that he did not know where Steve Jacobson was during the polygraph of Robert Woody.

Defense attorney Jesse Garcia asks Brodie if he was aware of Jefferson’s experience in doing polygraphs. Brodie: “Yes.” Brodie states that he was aware that Jefferson had never done a polygraph outside of the CDCR. Brodie stated that he was unaware that Jefferson had done less than 5 polygraphs. Brodie states that when you graduate from the Backster School of Lie Detecting, you receive a certificate. He states that you get a special “Field Certified Certificate” after performing 20 polygraphs in the field. He states that he and Jefferson have yet to attain the Field Certified Certificate. What a way to get work experience. A murder investigation should require much more qualified people to be doing the polygraphs.

Defense attorney Martha Carlton-Magana brings up the fact that Woody was on psychotropic drugs during the polygraph examination. Brodie heard that conversation between Jefferson and Woody because the door was open at the time. We are now done with Special Agent Brodie.

Defense attorney Percy Martinez brings Kirk Bunch to the stand. Bunch states that he was present for the polygraph of Robert Woody on 04/24/2014. Bunch states that he was not there when Woody was taken into the exam room. Bunch said he discussed the results with Special Agent Brody, but denied talking to Jefferson about the results. Bunch said he discussed the results with Bruce Perry, and Steve Jacobson. Bunch denied that Steve Jacobson took any notes during the polygraph. Bunch denied taking any note himself. Bunch admitted that he asked Brodie to assist with the polygraph. Bunch said he only received a verbal report of the polygraph examination. Percy: “Why did you not write a report?” Bunch: “because it was not needed.” Percy: “Was the polygraph done to assess Woody’s credibility?” Bunch: “Yes.” Bunch denied that the polygraph belonged to the “Task Force.” He stated that the polygraph examination of Woody belonged to Special Agent Jefferson. Bunch admitted that he had requested a copy of the polygraph examination. Bunch stated that he realized in court 2 weeks ago that no report had been written, and does not know why no report was written. Bunch admitted that he had signed the testimonial agreement by Robert Woody just recently done. Bunch stated that he does not know why the polygraph was not mentioned in the testimonial agreement. It is now time for our 11:00AM break.

At 11:14 AM, Bunch is back on the stand. Martha Carlton-Magana asks Bunch about the August 2014 interview of Woody with Steve Jacobson and Officer Donby present. She speaks about Jacobson saying that Woody had said he did not hear a gun shot. Martha was trying to go into some impeachment of Kirk Bunch’s testimony. There was an objection to this line of questioning, which was sustained. Judge Zuniga states that it is outside of the scope of this 402 hearing. Martha has no further questions.

Marlisa Ferreira asks Bunch what the purpose of the Woody polygraph was. Bunch: “To determine the truth.” Bunch stated that Robert Woody demanded the polygraph. Bunch said that Bruce Perry said that Woody would consent to a polygraph. Marlisa asks Bunch if this was the first polygraph in this case that Brodie did not do. Bunch: “Yes.” Bunch testifies that he did not know that Woody’s polygraph was not provided in discovery. In my opinion, that is a flat out lie. Bunch says that Special Agent Brodie was surprised that the polygraph was not provided earlier.

Percy Martinez: “When you first found out the polygraph was not turned over, you said it was only contained on a laptop owned by Special Agent Brody.” Bunch stated that he did not recall saying that. Percy asks permission to approach the witness. He shows Bunch some transcripts. Bunch turns beet red, and his Buggs Bunny pouches are bulging once again. Percy asks Bunch to read the transcripts.

Marlisa Ferreira goes on another one of her rants. She states that Kirk Bunch’s statements were not sworn testimony. It really does not matter to Kirk Bunch. It seems he can lie either way. Judge Zuniga requests that Percy rephrase his question. Bunch states that he was unsure when he said what he had said because there was a change in the polygraph equipment during the examination. Bunch looks like he is literally going to explode. He was really “Losing His Cool.” Percy has no further questions for Kirk Bunch.

Martha Carlton-Magana asks Bunch if he had discussed with Robert Woody about “hearing gun shots” during the drives from Tuolumne County. Bunch: “No.” Martha has no further questions for Kirk Bunch.

It is announced that we will start with the continuing testimony of Robert Woody at 1:30PM.

Marlisa now presses Judge Zuniga for a ruling on whether the prosecution has withheld Brady Material from the defense.

Percy Martinez states that “We know that reports were done on every other polygraph done on this case.” “What we now have is a report that was done almost 4 ½ years after the fact.” Percy states that Brodie could not recall much of anything. Percy states that Brodie took no notes, wrote no reports, and now he can’t remember. Percy: “We do have information that has not been provided to our clients.” Percy: “Bunch’s assertion that the polygraph belonged to Jefferson is crazy.” Percy states that: “Jefferson was here to do a job for Brodie, Bunch, and the Task Force, and he knows that part of this interview was lost (the pre-test interview). Percy states that Brodie has testified that the pre-test interview is always recorded. Percy states that the pre-test interview should be there, but it is not. Percy states that this deprives the defense from probing the situation. He states that: “All of these things deprive us of Brady Material, and that this should have been provided to us in a timely manner.”

This war will continue at 1:30PM. Warren Yates will be there to report to keep us all informed.

Sincerely; William Thomas Jensen (Tom)