THE HAMMER HAS NOT DROPPED JUST YET FOR MARLISA FERREIRA
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
Every day now, I am expecting something wonderful to happen. We are building up to something exceptional. I am sure of that. I originally had planned to only do the morning session, but I had to go back at 1:30PM to see if today would be that day. I realize that I must be patient, but my patience only goes so far. It is time for the majority of the defendants to be freed from this nightmare. Based on what I have witnessed lately, I don’t think there is a shred of evidence that should hold over any of the defendants for trial. The repercussions of this witch hunt will haunt Stanislaus County for many years to come.
We start out court today late once again. Defense attorney Percy Martinez was delayed in court by problems with some interpreters. We start out at 10:54AM with Marlisa Ferreira requesting that the video tapes of Robert Woody’s polygraph be entered into evidence for purpose of the 402 hearing.
Defense attorney Martha Carlton-Magana states the actual results and opinions are not admissible.
Judge Zuniga tells the defense attorneys that they need to inform her what is Brady Material.
Defense attorney Percy Martinez wants Woody’s statements on the video only to be admitted as evidence.
The defense attorneys leave the courtroom for approximately 4 minutes to have a private discussion. When they come back in, Percy Martinez states that the defense attorneys want everything except the opinions of the polygraph examiners to be admitted.
Judge Zuniga tells Percy that: “We are having a miscommunication.” Percy explains to her that the defense attorneys only want the results, and the opinions of the examiners to be excluded.
Marlisa Ferreira does not object to this. I notice that Kirk Bunch is turning bright red once again. You silly Wabbit.
Marlisa Ferreira wants F2 and F2A to be entered into evidence for non-hearsay reasons.
Percy Martinez objects to the report itself coming into evidence, because Special Agent Jefferson could not recall items that were not on the video. Percy: “His report does not give us the answers that we did not get by Jefferson’s lost memory.” Percy: “We have lost the ability to preserve whatever happened.”
Defense attorney Jesse Garcia states that statutes forbid F2 from coming into evidence. Jesse: “We know from the video that Jefferson had notes.” Jesse Garcia: “Now he says he took no notes.” Garcia states that Jefferson did an interview with Robert Woody before the pre-test interview.
Defense attorney Hans HJertonson states that this is a case of: “The blind leading the blind.” He states that Jefferson asked Brodie about details that he had no independent memory of.
Defense attorney Martha Carlton-Magana states that Marlisa Ferreira’s wish to have F2 entered into evidence based on a non hearsay basis is misleading. Martha: “He had no memory other than what he saw on the video, or what Brodie said to him.” She states that F2 is inadmissible under any grounds.
Marlisa Ferreira states that the issue is whether there was disclosure of evidence. Marlisa says they are: “Mixing apples with oranges.”
Percy Martinez states that the video speaks for itself. He says that it is not clear what Jefferson got from the video, and what he got hearsay from Brodie.
Marlisa Ferreira states that F2 is offered for disclosure only.
Judge Zuniga rules that the objections are sustained for F2 and F2A.
Marlisa Ferreira interrupts the judge while she is making her ruling, and gets severely slammed for doing so.
Judge Zuniga states that she is going to admit only small portions of F2 where Robert Woody makes some statements. There are no objections to this from the defense.
Jesse Garcia speaks about 2 portions of the video where Jefferson spoke about “His Notes”, and a discussion between Jefferson, Brodie, and Bruce Perry talking about Robert Woody using psychotropic drugs, the existence of medical records, and Robert Woody wanting a sleeping pill for that night.
Jesse Garcia states that: “I have subpoenaed the medical records of Robert Woody from Tuolumne, and Stanislaus County today.” Jesse Garcia wants Judge Zuniga to delay her ruling on this 402 hearing until he receives the medical records.
Marlisa Ferreira states that Robert Woody’s medical records are protected, and are irrelevant to the issue of disclosure in this 402 hearing. She states that the defense is trying to put off the cross examination of Robert Woody. She goes on one of her patented rants.
Judge Zuniga tells Marlisa Ferreira that: “Your argument is so inconsistent with the argument you made on Tuesday.
Marlisa Ferreira starts to argue with the judge once again, and gets shot down once again. She is not making friends with the judge at all. It is now time for lunch.
When we get back to court at 1:30PM, Marlisa Ferreira once again makes her arguments that the medical records are irrelevant, and that part of what the court has already ruled is inadmissible.
Jesse Garcia speaks about a polygraph expert at UCSF with the last name of Eckman. Jesse states that Eckman says that psychotropic drugs have a great impact on the responses a subject will give on a polygraph. Jesse Garcia states that one purpose of a polygraph is to secure a confession. Jesse Garcia states that the prosecutor has an independent duty to disclose these medications to the defense.
Percy Martinez states that the real issue is the fact that the medications were never disclosed. He states that: “This puts us at a disadvantage.” He states that the medication information: “Lay hidden in a lost polygraph.”
Judge Zuniga states that: “It seems like we have gotten into something that is a separate issue.” She states that: “Now we have a separate disclosure issue that will have to be handled in a separate hearing.”
Timothy Rien states: “The substance of what they are disclosing is important.” “It goes centrally to whether this witness is capable to testify.” “We could have issued subpoenas.” “I don’t know where we stand for more sanctions.” “Any or all of the Prop 115 testimony for Robert Woody should be stricken.” “We were prevented from cross-examining the officers that have testified on this.”
Jesse Garcia states that: “This 402 hearing has morphed.”
Martha Carlton-Magana implies that the polygraph exam of Robert Woody was done to get a confession.
Judge Zuniga states that she still sees this as a separate issue.
Marlisa Ferreira states that she would rather get to the issue at hand with this 402 hearing.
Judge Zuniga states that: “I intend to address this issue with a separate hearing.”
Percy Martinez states that: “Throughout this proceeding, Ms. Ferreira has argued that this information is not exculpatory.” “It is exculpatory, and is impeachment.” “Every statement should be admissible, and it is all exculpatory.” Percy states that Woody was told the facts of this case by the police, and from people on the streets. Percy states that the prosecution does not have to do this on purpose to be in violation of the law. Percy: “They denied that Woody had a polygraph, and now we have a polygraph.”
Percy states what I thought when I listened to the video recording yesterday. He states that: “We had Brodie, Jefferson, Bunch, and Jacobson present.” “We could hear Bunch early on in the polygraph, and later on, and when he was taken out we can hear Bunch.” “We could hear Bunch asking about Woody showing deception, and asking if Jefferson was going to explain that to Robert Woody.” He states that: “We could hear Bunch when they were discussing the “Single Phase” Percy states that we could hear Bunch when they were looking at the charts, and saying that: “I can’t see it with my eyes.” Percy states that Bunch was there from the beginning, and that Bunch had ordered for the polygraph to be done. Percy says that the polygraph was done at the DA’s Office at the request of the “Task Force.” Bunch is once again turning bright red. You Silly Wabbit. Percy states: “For them to say the polygraph belonged to Jefferson was simply ludicrous.” Percy states that there were 67 exculpatory statements made by Woody on the polygraph video. Percy states that: “We were deprived of adequate cross-examination of all the past witnesses.”
It is brought out that there are presently 29,600 pages of testimony in this preliminary hearing, and not one line in that lists a polygraph on Robert Woody.
There is another lengthy In Camera hearing in the judge’s chambers. The attorneys come out. The defense attorneys are all smiles. Marlisa Ferreira looks utterly destroyed. There is talk about over 700 pages of something that had been discussed.
Monday’s court session will start at 10:30AM with discussion of the medical records issue. We will finish the polygraph arguments at 1:30PM. Robert Woody should be back on the stand on Tuesday. Believe me folks, THE TRUTH IS ABOUT TO SET THEM FREE.
Sincerely; William Thomas Jensen (Tom)