FRANK CARSON et al 8-24-2016 (tom)

COURT DAY

123

A VERY WEIRD DAY

FRANK CARSON CASE

08/24/2016

BY WILLIAM THOMAS JENSEN (TOM)

Today, I expected fireworks this morning. I must say that I was disappointed with what we got done the entire day There was a wreck on the freeway that delayed two of the out of town attorneys from arrival at the courthouse. All the attorneys were present at 10:30AM, and the general public was allowed to enter the courtroom at 11:03AM. The attorneys were involved in an in-camera discussion in the judge’s chambers between 10:30AM and 11:00AM. The defense attorneys all had smiles on their faces, and Marlisa Ferreira looked like she had just been told she was terminal. I don’t think things went well for her behind the closed doors. We have been waiting for the judge to rule on the issue of whether or not Brady Material had been withheld from the defense. It concerns the polygraph examination of Robert Woody that was done on 04/24/2014. This polygraph appears to have been hidden from the defense, and just turned over about two weeks ago.

We start out at 11:03AM with Judge Zuniga stating that she had sent out E-Mails to all the attorneys concerning the case law that she will use to make her decision on the Brady Material matter that has been the subject of this 402 hearing. She cites Justice Hoffstad’s book, People vs Jenkins, Smith vs Cain, Bern vs Lambert, People vs Superior Court(Meraz), People vs Whalen, and People vs Guttierez.

The defense attorneys are given the opportunity to step out for a couple of minutes to have a private conference. They return to the courtroom with the announcement that they want to play the 2 ½ hour video tape of the polygraph examination of Robert Woody that was done on 04/24/2014. I guess they wanted this played before the judge makes her decision on the Brady Material. At this point, I realize that we will have to wait until tomorrow morning before we get a ruling on the motion. As I understand it, the motion has been changed from a motion to dismiss to a motion to admonish. I look at that like my mother telling me: “Tommy, stop that.” I guess it is a real black mark on the prosecution, but it just doesn’t seem to be enough of a penalty. Injustice is alive and well in Stanislaus County.

At 1:47PM, we begin to play the 2 ½ hour video recording of the six separate polygraph examinations that were done on Robert Woody. These polygraph exams were done on 04/24/2016

At the very start of the video recording that we watched, I heard a very interesting comment from Robert Woody. He is in the room with what seems to me to be Kirk Bunch and Steve Jacobson. The reason I say that is that he tells Special Agent Brodie: “These guys are my family, not my real family, but you know what I mean.”

Woody is hooked up to the polygraph equipment, while sitting in a special chair. It kind of looked like he was being hooked up for lethal injection. Brodie had a very calm voice as he explained to him what was going to happen. Brodie went over each question that he was going to ask Woody before starting the polygraph machine.

The first three sets of questions were what Brodie called a “Multi-Phase” examination. These questions were of a broader scope than the last three sets of questions. They were called a “Single Phase examination.” The single phase questions were more focused on a single question that the investigators wanted to probe. Both types of examinations seemed to have the same “Control Questions” that would ask him things like: “Do some of your friends call you Robert?” It was one of these control questions that made me do a silent laugh. Woody was asked: “is it true that the sum of 2+2 equals 4?” Woodie answered: “No.” He did this several times during the 2 ½ hour examination. What an intellect this man has.

The first three sets of questions were all basically the same questions. Someone sitting in front of me noticed slight changes in the wording in some of the questions, as they were asked a second or third time. I will now try to re-create the questions and answers to the best of my ability.

  1. Do you know for sure who was involved in the killing of Korey Kauffman? Woody: “No”
  2. Were you involved in any way with the killing of Korey Kauffman? Woody: “No.”
  3. Were you involved in any way with moving the body of Korey Kauffman? Woody: “No.”
  4. From the age of 18-36 have you ever lied to a judge? Woody: “No.”  We know that is a lie.
  5. Were you involved with the Korey Kauffman death? Woody: “No.”
  6. During your first 18 years, did you steal from your parents? Woody: “No.”
  7. In your first 36 years, have you lied to the courts? Woody: “No.” I swear I heard him say no. I am flabbergasted by this answer, if I heard this right. He was mumbling his answers much like he sounds while testifying in court.

These questions were mixed in with control questions during the first 3 sessions of the polygraph examination.

At the end of the first 3 sets of questions, we could hear what seemed to me to be Jefferson and Brodie going over their interpretation of the results. At one point, we can hear Jefferson saying that he would: “Consider this to be a truthful chart.” Brodie talks to Jefferson, and seems to suggest that he sees: “A little bit of deception” in one question. This question is the one where Woody is asked: “Were you involved, in any way, with the death of Korey Kauffman?”

At this point, I can hear Kirk Bunch talking about the results with Jefferson and Brodie. The video cut off everyone at the head level, so I had to rely on their voices for clues. I am not sure when Kirk Bunch came into the exam room.

It is discussed that they will bring Woody back into the exam room, and do a more focused “Single Phase” polygraph exam. It will focus on the question that showed “A little bit” of deception earlier.

Woody is brought back in, and hooked up to the polygraph equipment. They ask Woody 3 sets of questions that are focused on if Woody was involved, in any way, with the death of Korey Kauffman. Woody fails one of these sets of questions with a 99% certainty. The other two sets of questions were failed at a high likelihood of certainty.

All of this took until nearly 5:00PM. So much for banking hours.

Get ready for some fireworks tomorrow morning. I think Marlisa Ferreira is going to have a very bad day. It is judgement time for her misconduct of withholding Brady Evidence 402 hearing. My feeling is that she is going to get slammed. After that, we may get Robert Woody back on the stand.

                                      Sincerely; William Thomas Jensen

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