Court days/Days in custody
DELAYS ARE THE NORMAL AGAIN
by Marty Carlson
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.