FRANK CARSON et al 8-29-2016 (tom)

MARLISA FERREIRA AFRAID TO END THE PROSECUTION’S CASE

FRANK CARSON CASE

08/29/2016

BY WILLIAM THOMAS JENSEN (TOM)


Today, I got a call to inform me that court would not start until 1:30PM today. When I arrived in the afternoon, court was delayed another 35 minutes because Judge Zuniga was stuck in traffic coming from the Bay Area. What I witnessed today was very revealing. We are down to some “Hard Ball” legal maneuverings that most likely will rock the prosecution’s case to its core. We are presently embroiled in a lengthy 402 Hearing concerning the withholding of Brady Material by the prosecution. The prosecution denied that a polygraph was ever done on Robert Woody. This was testified to in court, and is on the court records. The defense attorneys were able to ascertain that a polygraph was done on Robert Woody approximately 2 ½ years ago, and were just given partial discovery on this issue approximately 3 weeks ago. No written reports were done according to the prosecution, but you can hear Special Agent Jefferson speaking about his notes while doing the polygraph examination of Woody. Kirk Bunch can be heard in the polygraph video many times during the polygraph examination, yet the prosecution denied that a polygraph was ever done on Robert Woody.


We have a couple of other issues. One concerns over 700 pages of material that was subpoenaed from Tuolumne County concerning Robert Woody. I have a feeling that some of this stuff could be radioactive to say the least. We have the medical records of Robert Woody being subpoenaed after the defense attorneys discovered he was taking psychotropic drugs. The only way they were able to discover this fact was by watching the polygraph exam which was hidden until about 3 weeks ago. The other issue is something we have been talking about since the beginning of this preliminary hearing. The defense attorneys have strong evidence that Michael Cooley either admitted to be present when Korey Kauffman was beaten, and killed, or actually admitted that he personally killed Korey Kauffman. According to the defense attorneys, Michael Cooley made these admissions to Johnny Padilla, Johnny Fields, and Charlie O’Dell. All three of these individuals are currently in custody. I heard Soledad, Pelican Bay, and Corcoran Prisons mentioned as places where they are housed. They are being called as witnesses by the defense. This could be interesting.

We start out this afternoon with Judge Zuniga talking about a large envelope of papers that she refers to as G13. Kirk Bunch’s Bunny Jowls were bulging already, and he was turning pink. Judge Zuniga then speaks about G13A. Robert Woody’s attorney Bruce Perry wants to review these items with his client. It is brought out that they are transcripts from his cell. I have a feeling that there are things contained in these papers that could have a major impact on this preliminary hearing.

It is 2:12PM, and I notice the Bee reporter coming into the courtroom. I have seen quite a bit of him in the courtroom the last few days, but he does not write a story. There really is much more to report on than he seems willing to reveal to the reading public. This frustrates me, to say the least.


We then talk about another issue. The defense attorneys want to obtain the mental records of Robert Woody. They have served a STD for these records to Tuolumne County, and Stanislaus County.

A man named Chris Schmidt, from Tuolumne County, has responded to the STD, and asserts that the psychiatric care of Woody is handled by a private firm that is contracted with both Tuolumne, and Stanislaus County. It is named the California Forensic Medical Group. It has its main office in Monterey. Jesse Garcia states that Tuolumne and Stanislaus County have refused to turn over the records. Jesse Garcia is going to serve the California Forensic Medical Group with a STD so that they can be obtained by the defense attorneys. Jesse Garcia states that: “They can’t contract away their discovery obligations.”

Judge Zuniga notices that both Martin Baker, and Bruce Perry are sitting in the courtroom together. She states that one of them should be speaking to Robert Woody, who is in another room in the courtroom. Bruce Perry makes an objection to the defense getting Woody’s Psychiatric Records. He cites the People vs Hammon. He states that this prevents the defense from getting this information until it goes to a real trial.

Judge Zuniga tells the attorneys that she wants to read the papers that had provided to her by Jesse Garcia. They include E-Mails from Tuolumne County, and Stanislaus County Council Taro where they refused to turn over the records.

Jesse Garcia cites the People vs Cook, People vs Rieber, and the People vs Hammon. He states that the People vs Hammon concerns efforts to get Psychiatric Records of a child molester, which is covered under a separate law. Jesse Garcia states that the DFMG was created to contract away their discovery obligations. He states that the records are being kept in the Tuolumne County and Stanislaus County facilities. He states that Due Process trumps the efforts to conceal the records by the prosecution.

Judge Zuniga states that: “I see a Due Process issue where a key prosecution witness is now testifying against the other defendants, giving multiple stories, admitted to lying.” Wow, I think she is getting it exactly right with these comments.

Marlisa Ferreira cites the People vs Lucas, the People vs Samuels, and the People vs Abel.


Defense attorney Percy Martinez states that: “They stopped giving Woody the psychotropic drugs one day before the polygraph so that his perception of reality would not be affected.” Percy: “Our Due Process will be compromised if we finish Woody’s testimony without these Psychiatric Records.”

Defense attorney Jesse Garcia states that he can have his papers on file by Thursday. Judge Zuniga schedules a hearing on this issue on Thursday morning.

We now go into a discussion of the upcoming witnesses in this trial. It is at this point, that I realize that Marlisa Ferreira is afraid to rest the prosecution’s case. When asked about who she intended to put on the stand, she surprises Judge Zuniga by stating that she intends to call more witnesses to the stand after Robert Woody is done. She speaks about putting Jessica Crisp on the stand, or do Prop 115 testimony for Jessica Crisp. She is still grasping at straws, and trying to drag Walter Wells back into this fiasco. She states that she might have to put DA Investigator Kirk Bunch back on the stand. She wants to call Ryan Schmidt to the stand. She is not ready to proceed on any of this potential testimony at this time.

The defense attorneys make a request to do some of their witnesses “Out of order” to keep things moving along. Marlisa objects. She wants to finish the 402 hearing before anything else is handled.

The defense attorneys want to call Detective Derek Perry back to the stand. They want to call Detective Barringer back to the stand. Captain Rick Collins from the Ceres Police Department is going to be called to the stand, along with Kirk Bunch, and Detective Dale Lingerfeldt. John Paden is going to be called to the stand. And last but not least, the defense attorneys want to call the three people to the stand that Michael Cooley allegedly told that he had killed Korey Kauffman, or was involved in killing Korey Kauffman.

Defense attorney Robert Forkner states that he wants to call CDC employee Cavenaugh to the stand concerning the lack of any blood evidence on the clothing found with Korey Kauffman’s body. He mentions a man with the last name of Tickner that he wants to bring to the stand.


Judge Zuniga schedules the three people who allegedly heard Michael Cooley confess about the murder of Korey Kauffman for Wednesday. This day should be very interesting. They will be brought to court from three separate prisons. Security will be tight, I am sure.

We now get into the final arguments about the Brady Material violation being heard in this 402 hearing. Robert Forkner argues that there should be sanctions against the prosecution for hiding or suppressing evidence. He mentions the missing thumb drive, the WISN phone records, the missing Game Cam photographs, Ms. Grinnolds suddenly seeing people on the rooftop at the Carson property, the Robin Attenhoffer letter that appears to not have been written by Robin Attenhoffer, the fact that Keith Hobbs was involved in a robbery, and Patrick Hampton being a known informant. He speaks about a continuing pattern of this going on in this preliminary hearing. He wants sanctions against the prosecution for these violations.


Defense attorney Jesse Garcia cites Benn vs lambert. He states that the failure to provide exculpatory evidence has precluded the defense from an adequate cross examination of Robert Woody, and others in this preliminary hearing. He states that his defendant should be dismissed from this case.

Defense attorney Hans Hjertonsson cites Guttierez vs Stanton. Hans calls it a violation of Due Process. He cites Whalen and states that the prosecution has a duty to disclose both exculpatory and inculpatory evidence. Hans states that DA Investigator Kirk Bunch could be seen and heard numerous times during Woody’s polygraph on the video. Hans states that Bunch was obviously aware of the polygraph of Woody. Hans states that Marlisa Ferreira denied in the courtroom that any polygraph had ever been done on Robert Woody. Hans states that: ” We have Woody statements that are exculpatory.” Hans states that: “Bunch tells Woody that WE Know You Were There.” Hans states that Robert Woody subsequently denied that to be true. Hans states that Marlisa Ferreira should know about the polygraph, because Kirk Bunch was there at the polygraph. Hans talks about the WISN phone records that were hidden, Patrick Hampton being an informant being hidden etc. He talks about the missing game cam photographs. Hans talks about a pattern of Marlisa Ferreira saying things that are not true in the courtroom. I call these lies. Hans talks about how very early in this hearing how Judge Manukian had ordered all discovery be turned over within two weeks. We are now in our eleventh month, and the prosecution has not finished doing their case. Hans states that we are now just getting the discovery of this polygraph, and the pre-test interview is missing. Hans states that it has been so long, that Special Agent Jefferson could not remember any details. He states that Special Agent Brodie testified that he always recorded the pre-test interview when doing polygraphs. Hans states that Brodie helped Jefferson do his report that he just recently turned over after watching the video. Hans states that Jefferson had no independent memory of the polygraph events.

Defense attorney Robert Forkner announces that he forgot to add Brad Nix to the witnesses that the defense attorneys are going to call to the stand. Court will resume tomorrow at 10:00AM.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 8-29-2016 (marty)

Court days/Days in custody

125/380

DELAYS ARE THE NORMAL AGAIN

by Marty Carlson

8-29-2016

A s most of you know this morning court was supposed to start at 1030, it did not, in fact some of the defendants were not aware of the delay. I arrived at the courthouse with there was a sign on the door that said court will start at 1:30 PM.

So as we all waited around and 1:30 PM for the court to start, and finally went back in session and we start again about 2:06 PM.

The first order of business was in general conversation about court discovery and that had some minor discussion’s. And apparently there was some subpoena paperwork that was received by the court and it was being reviewed by the judge and the packet was given to Bruce Parry to talk it over with Robert Woody in regards to the contents and if he is willing to voluntarily let the defense see it.

Jesse Garcia reported to the court that he received a call from the Tuolumne county jail in regards to the subpoena he had given for Woody’s medical records, and he stated they said they are not required to provide those type of documents as they are not the medical providers for the inmates is done through a truck contract company which was identified as California medical group, apparently this is also the same situation in Stanislaus County also.

The judge advised Jesse Garcia that it asked SDT must be filed to maintain a proper paper trail and maintain a proper record. Jesse Garcia stated that he has emails from Stanislaus County and Tuolumne County in reference to the medical records and says he can produce us to the court if she so desires.

Robert Woody’s attorney Bruce Perry spoke up and said there is a court procedure to recover or received medical records for of concerning inmates and that needs to be initiated.


The motion argument as far as a medical records had Jesse Garcia site some case law concerning medical records saying the defense has a right to those records. He says a jail medical records cannot be denied by any means, and they are property of the jail not a medical group.

The judge stated some case law for them to review and requested defense to possibly file briefs if they need be but felt they can resolve this situation easily by talking and doing subpoenas.

The judge also advised that this is a due process issue when key procedures on a witness who is now testifying, and again read some more case law in regards to that, and also stated the defense has no right to preview medical history, but it is an interesting question is a medical provider working for the government or not.

Mme. DA began citing some more case law and stated that them are not turning over any medical records does not violate any Brady laws. A pair but apparently there were some documents that were previewed by the court previously at the DA’s request.

Percy Martinez argued saying the poly graph video showed Steve Jacobson discussing Robert Woody’s psychological medications and so the DA is aware and has a defense at a disadvantage. He stated that Steve Jacobson had access to the medical records to know that Woody was on medications. He also says a stopped giving Woody drugs for a day in advance to take the polygraph, and saying that they are talking about a perception of reality that could be altered under the influence of the medications. The judge on said the issue must be briefed four responses and they hearing was scheduled I believe for next week.

There was at a long discussion about when the briefs are to be filed, and the issues which is the medical transcripts, and Jesse Garcia said he would have his brief filed by Thursday and Bruce Parry stated he would have his response filed by next Tuesday. The hearing was scheduled for September 8, 2016.


They began talking about scheduling for the week rest of the week, especially since they did not want to continue with Robert Woody until all the information was available. And Robert Forkner was asked who is going to call as witnesses for the defense and it sounded like it was approximately 10 witnesses.

As an offer of proof Robert Forkner stated that he has three witnesses are all currently in state prison inmates that will testify that they heard Mike Cooley state that he killed Korey Kauffman.

Also there was a series Capt. Parry that’s going to be called, and some return witnesses that he was not able to ask questions on cross.

The DA was asked if she had a more witnesses and she said she did which made the out judge’s eyes get real big and surprise and she stated they were several that included Jessica crisp, Ryan Schmidt, and there was one more.

The judge stated that she thought and hoped Woody would be the last witness for the prosecution. Then there was some long discussion about the witnesses especially defense witnesses being called before the DA finishes her case.

We come back from the afternoon break and Robert Forkner is again asked for a to confirm his offer of proof in calling the three in custody witnesses and he stated that my Cooley confessed to killing Korey Kauffman, the judge asked him if he had any other offer of proof, and he stated nope that’s it.

At that time the judge began talking about the security arrangements in a sidebar to the deputy in charge of security for the courtroom, and stated that there is a problem with that many inmates in the limited holding areas that they have at that court.

At that time then there they began long arguments concerning about the offer proof of witness to be called by the defense and Robert Forkner told the court that my Cooley has made statements that he saw Korey Kauffman being killed.

At this time also the DA retracted what they said earlier in their said they’re not going to put her witnesses on tomorrow changing what she said earlier about Ryan Schmidt and Jessica Chrisp and the other person.

The defense attorney stated they need to be able to put the witnesses on Wednesday to prepare which created another long discussion, and it was about discovery of these witnesses. In the DA requested any discovery that the defense had as it interviews and was not aware of some of those people were, but the defense advise they have not done any interviews and the DA investigators have out talk to all these people and have all their information.

So finally about 4:15 PM we started the 402 hearing with Robert Forkner saying that all along in this case the DA has been trying to hide evidence, and starts going over a list of incidents that have occurred in his case like the Attenhoffer letter, the thumb drive, the polygraph evidence, WISN info etc.

Jesse Garcia cited case law in regards to the misconduct, as stated failure to provide evidence and discovery has resulted in the defendants not being able to cross-examine witnesses effectively. He made a verbal motion at that time that all defendants be discharged at this point due to the DA’s activities, and that would be the only appropriate sanction.

Attorney Hans started arguing there has been no turning over of all evidence, and it’s all been done in bad faith and should have been disclosed, like the polygraph, the thumb drive that ended up in an officer’s garage, the missing warrants etc.

he also cited case law from the past and Woody has denied repeatedly of any involvement, but that was also threatened with the death penalty where he finally started to talk.


He also stated that the District Attorney’s Office claimed there was no other cell phone information except for what Jim Cook had done. They then just recently they found the WISN information. He stated there is a pattern of statements by Melissa Ferreira that are not accurate and been misrepresentations to the court, or at the very least inaccurate.

And he stated again the DA said there was no polygraph or reports from Jefferson or Brody who had done the polygraphs, and then Jefferson when he wrote the report two weeks ago he only put in what Brody had told him to put in.

At that point it was after 430 the court was stopped for the day it is to be resumed at a special time tomorrow of 10 o’clock.