Court days/Days in custody



by Marty Carlson

August 30, 2016

This is the afternoon session of the 402 hearing on the information on the polygraph taken by Robert Woody.

Court started at 1330 Hours Court time but it was actual 1343 real-time. And Melissa Ferreira was addressing the court talking about some case law and the government failing to call a co-conspirator as a witness. The court ruled in that case that there was no prosecutor misconduct and they did not mislead or nor did they deny justice. Mme. DA stated that there was enough information for the defense to conduct proper investigation for their issues and that is the same as this case.

Martha Magana argued that the DA is reading from transcripts during argument and that puts the defense at a disadvantage. We have heard this argument before, namely by Jesse Garcia and he also joined in on this request also. We then had a long delay in the hearing for copies of just that section of the transcript for all attorneys to be able read from, not to mention translators.

Once that was done Melissa Ferreira again says the video shows all parts of the poly and the questions in the pre-test interview are what is being discussed here. Mme. DA stated that she has no duty to videotape pretest interview and the examiners testified that it is not always done. Again Melissa Ferreira began reading from the transcript again and stated that they were given to Woody’s attorney, meaning the results. She stated that agent Jefferson formulated the questions after reading the defenses cross on Jefferson and they were stating that Woody had a chance at any time to terminate the exam.

Jefferson said Woody never said anything about watching the Carson property because Jefferson would have never asked about that. The pretest she stated, was covered in his report that he wrote 29 months later. But offered no explanation why no report was written at the time. She also stated that nothing was vetted out from the test as all was revealed in the testimony and the report.

Again at that time Marlisa Ferrari fell on her sword for the cause and said it was her fault this information was not brought out sooner. She made an interesting argument at that point saying the Martha Magana was aware of the polygraph all along because had it asked about it several times throughout the hearing, but there is no information available as a denied it until recently.

She stated the defense is asking for sanctions on the belated exposure of this information but the defense has failed to provide the court specific facts of denial of due process. She then began to read into more case law and stated the defendants had not been compromised by late disgorge her or evidence being revealed. She also said that Robert Woody can still be cross-examined by defense attorneys. She also claimed that the district attorney would be willing to delay this hearing for 30 or 60 days, yes that’s what she said, for them doing investigate what happened here.

She also stated there were no reprehensible or deceptive actions taken by the District Attorney’s Office or staff and that sanctions are not appropriate. Nor would be appropriate for the dismissal or exclusions of the case or Woody’s testimony.

Percy Martinez argued that the polygraph information was not kept with the DA’s case or they would a received it in discovery. And there were as many times stated by the DA’s office “there was no polygraph.” But they now know that was not true. Percy also stated that reports are written immediately after polygraphs, but for some reason this case they were not. He also argued that the investigators and the DA had a duty to turn over all discoverable material. And it was not discovered that there was a polygraph taken until Bruce Perry, Woody’s attorney, and reminded the DA that there was one taken. He stated that no way that it should been necessary for Mr. Perry to remind the District Attorney’s Office is such an important thing, and he stated that there is been important information that has been lost due to the length of time past with no type of documentation done at the time.

Percy went on to say there aren’t there always reports written and or video taking in just about every case that he has seen except this one. He stated this is unacceptable behavior by the District Attorney’s Office and the defendants have been prejudice by the length of this hearing, and the Dist. Atty. calling for a long delay is even more outrageous and causes every parable harm to the defendants, four which are still in custody.

Percy stated that Robert Woody is a soul witness in this case and the Dist. Atty. has an obligation to reveal all information, in fact he said they had a duty to reveal all information. And he referred to Marlisa of Ferreira’s comment from the other day when she said this polygraph information was a distraction to the hearing but to the defense is a valuable information.

At that time, we went on break and when we returned the judge was giving all attorneys some case law for them to research for tomorrow’s argument and another 402 hearing, and she had received an SDT from toilette me sheriff’s office in reference to a subpoena by Jesse Garcia and that had unknown content. Seeing that was probably some information in regards to Robert Woody she asked Bruce Parry permission to open the package. And basically it was a letter from Tuan a County saying they do not have the information that was subpoenaed. They then went into a long discussion about some scheduling and the 402 hearing tomorrow that’s going to be heard at 930.

Jesse Garcia’s response to the Dist. Atty.’s argument on the 402 hearing was talking about case law the DA had referred to in the Brady issues. He stated that the polygraph is a recantation of previous statements that Robert Woody had made. Woody had continued to maintain in a sense until 2014 and what they were saying all along was a lie.

Now an interesting note happened that I was not aware of, the investigators that were at the polygraph, and there were three of them Kirk bunch, Dale lingerfeldt, and Steve Jacobson, apparently decided to lie to Woody’s attorney about the results of the test. What I understood during Jesse Garcia’s argument is that Woody had actually passed the polygraph but they told Bruce Perry that he had not. Knowing full well that Woody’s attorney would a relay that information to him, and trusting and what he says.

Now the polygraph results itself are not admissible, but statements and actions by all involved are an effort Jesse Garcia is arguing. He also stated this is another prior inconsistent statement. He also stated that he has at a disadvantage because he had no transcript of the testimony in this hearing that the DA and the judge kept referring to.

Not Jesse Garcia within in to some of the issues but he was basically saying it was misconduct to deceive Woody’s attorney as to the results. And he began reading case law and polygraph responses by individuals. The judge then interrupted him and said she is not going to hear arguments as of polygraph results. But Jesse Garcia stated he is arguing they used the polygraph results to deceive Robert Woody and his attorney, in order to obtain a confession.

Tim Rayne them began arguing that this is Robert Woody saying he lied about his other involvement and he wanted to clarify. Woody’s lawyer conveyed the results to him, and his lawyer being a person of trust, that trust was violated. He also stated that the some of the statements made in the past by Woody and his mother Beverly Woody shows a pattern of misconduct by many involved especially concerning Walter wells. At that time Tim Rayne requested Walter wells be released on his own recognizances and then he may consider taking more time to investigate this issue.

Hans agreed with Tim Rayne as stated their other factors that there have been in the 10 months of this hearing and the massive evidence it’s been heard, but no actual direct information just Woody’s word on what happened. And that Woody had succumbed to pressure by investigators in the Cooley incident was only a stare down no more, a number of people at the property is actually in question. The cell phone evidence was of no value where it only showed up algae was at the store working and that’s at the same cell phone tower and sector as a Cooley residence. In addition, the cell phone records show the timeframe of the event night shows no unusual occasions or activities.

He stated the cook testimony showed that Korey Kauffman’s phone was shot on and off and only was done so when Eula Keyes had dialed the number. All the evidence depends on credibility of Robert Woody and all of the evidence alone do not mean anything are actually even make sense. He stated the polygraph was an another piece of evidence that does not fit in this case, because Woody was interviewed and told his facing the death penalty at or life in prison for his involvement.

Hans stated the polygraph was another recant of previous statements by Robert Woody. He also stated there was no recollection by agent Jefferson due to the time that it passed, and all the case law is quoted by Melissa Ferreira was nowhere near relevant to the issue at hand. He stated the defense has been disabled in this issue due to this violation and that he requested his client be released immediately.

At that time, it was right at 430 court was called for the day and this ongoing hearing will be continued until 930 tomorrow morning were Martha Magana will be able make our final argument on the polygraph information.