Court days/Days in custody
SMILE, YOU ARE ON CANDID CAMERA
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
It seems as though the people in the audience were photographed, while in the parking lot by Investigators recently. We heard this brought out in the courtroom this morning. I fully expect several of us to be harassed while driving around town, for reporting what we see in a public trial. Our First Amendment Rights will be trumped by the desire to intimidate us to the point that we will go away. This will simply not happen. I have dedicated nearly a year of my life to reporting on this fiasco, and intend to see this thing through to the final ending. It is simply the most important thing that I have done in my life.
We start out the morning session with defense attorney Percy Martinez bringing up the photograph incident that happened on August 01, 2016. I was totally unaware that any of us were being photographed. Percy Martinez states that DA Investigator Kirk Bunch (Bunny Jowls Himself) was seen taking photographs of the audience while we were in the parking lot. Percy stated that he” “Wants this to stop.” Percy requested all copies of any photographs that were taken.
Marlisa Ferreira responds by saying that she wants to know who reported this incident, and that this person should be put on the stand. She stated that: “This is absolutely not true, and it is just another example of how the audience is interjecting themselves into this case.” She stated that this is an unsupported, baseless allegation.
Judge Zuniga stated that many months ago, she had announced in the courtroom that she did not want anyone from the audience bringing up what they have seen with the Officers in the courtroom. She tells Percy Martinez that: “Your comments are noted.”
At this time, Robert Woody’s attorney Bruce Perry asks for the large envelope containing transcripts that were taken from Robert Woody’s jailhouse cell in Tuolumne County. He wanted to go over the transcripts with Robert Woody who was being held in a separate room in the courthouse.
Defense attorney Timothy Rien was back in the courtroom today, so Judge Zuniga gives him the opportunity to make his arguments on the 402 Hearing on the issue of Brady Material being withheld. It concerns the polygraph of Robert Woody that was just turned over two weeks ago to the defense attorneys. The prosecution had been hiding the existence of this polygraph for almost 2 ½ years, and it contains a plethora of exculpatory evidence.
Timothy Rien states that the issue is whether there is a Brady violation, and the possibility of striking Robert Woody’s testimony, and the possibility of striking the Proposition 115 testimony given for Robert Woody by several investigators. Rien states that the defense attorneys were not equipped with this exculpatory evidence during the Prop 115 testimony by investigators for Robert Woody, and were unable to do an adequate cross-examination on them. He cites the People vs Jenkins. He states that this case had to do with non- disclosure that happened before the Preliminary Hearing, and that the disclosure only happened until 12 months after the Preliminary Hearing. He stated that the evidence that was withheld was inculpatory, but still was a Due Process violation. He states that this evidence was inculpatory, but was not disclosed until it was too late for the Prop 115 testimony.
Defense attorney Martha Carlton-Magana states that: “We started with Judge Manukian’s order for the prosecution to disclose all evidence very early in this hearing. She states that: “We have a violation of that court order.” She cites Smith vs King as case law that would apply to this situation. Martha states that: “There is no physical, forensic, or other evidence from any other witness in this case. Martha states that there are only 6 major interviews of Robert Woody, including the polygraph examination. She states that the prosecution was aware of the polygraph all along.
Martha talks about a large pattern of hiding evidence in this case. She talks about 10 series of questions that were asked to Robert Woody concerning his involvement with the killing of Korey Kauffman. Martha speaks about how Robert Woody made statements about learning about the details of this case from people on the street. Martha states that Woody denied knowing who killed Korey Kauffman, or who was involved in the killing of Korey Kauffman. Martha states that Woody said that he was the one who asked for the polygraph to be done. She states that Woody said that he wasn’t there when Korey Kauffman was killed. She says that Woody stated that: “To me, they were wanting to make a case.” I notice at this time, that Marlisa Ferreira is biting her lip, and Kirk Bunch was turning bright red. Woody: “They don’t want to believe me, do you know what I mean?” Kirk Bunch’s Bunny Jowls are jutting out like Buggs Bunny at this time. Woody: “They are trying to say that the guys at the store were involved, I don’t know for sure, I don’t know if they were involved.” Woody: “They think Pop N Cork was involved.” I notice a big contrast between Kirk Bunch and Marlisa Ferreira at this time. She was white as a ghost, and Kirk Bunch was bright red. Martha states that Robert Woody lied to make the case against him go away.
Martha Carlton-Magana states that: “We didn’t have any recording of Robert Woody’s recantation of 03/01/2014 until we found the polygraph examination that had been hidden by the prosecution. She states that Special Agent Brodie can be heard on the polygraph mentioning conversations that were done with Robert Woody while he was driven from Tuolumne County. This happened on several occasions.
Martha states that Marlisa Ferreira has said in court that Robert Woody never recanted his confession, and that Woody recanted within days of being arrested. She speaks of Woody initially saying that he threw the black bag of fingers and toes into the Merced River, then 24 hours later saying that he scattered the contents of the black bag in the bushes at the burial site in the mountains.
Martha states that the defense attorneys did not have this information for use with any of the other witnesses in this Preliminary Hearing. She states that this is not the first violation of Brady Material that has happened in this Preliminary Hearing. Martha states that the court can fashion any type of sanctions it wants. She mentions the possibility of striking all the Prop 115 testimony for Robert Woody, and striking the actual testimony of Robert Woody himself.
Defense attorney Robert Forkner speaks about the numerous time during this Preliminary Hearing where Marlisa Ferreira would mis-speak, and DA Investigator Kirk Bunch would lean over and whisper in her ear, so she could correct herself. Forkner states that Kirk Bunch never corrected Marlisa when she denied that Robert Woody had ever done a polygraph examination. I am sure Marlisa was aware all along that this examination had occurred. Kirk Bunch is more red in the face at this point than I have ever witnessed.
Judge Zuniga then gives Marlisa Ferreira the chance to respond. This was not a typical Marlisa rant. She spoke in a subdued tone, and measured her words. She points out a few errors in the transcripts where the defense attorneys had assumed they were listening to the voice of Kirk Bunch during the polygraph. She admitted that Bunch could be heard several times during the polygraph. Marlisa tried to take the blame away from Kirk Bunch for the non-disclosure of this Brady Material. She said: “It was my duty to disclose this information, not Kirk Bunch’s responsibility.”
Marlisa then goes into case law that covers the types of sanctions that could be handed down for her misconduct. She cites a case named Whalen. She cites Brady vs Maryland, Kyles vs Whitley.
Marlisa says that Special Agent Jefferson was acting on behalf of the prosecution team. Marlisa: “We acknowledge my fault.” She states that the issue is whether it was “Material” to this case. She argues that this situation has occurred during the Preliminary Hearing, and that all of the previous witnesses are subject to being recalled to the stand. Christ, we are now into the 11th month, and she expects us to do this all over again. What an idiot I think she is to even say something like that.
Marlisa brings up some other evidence that could possibly implicate the Athwals in this case, including Daljit Atwal driving over to Korey Kauffman’s and making threats just days before he went missing, and Baljit Athwal driving over to Michael Cooley’s house and confronting him. She mentions Kathy Grinnolds seeing three people on the Carson property the night that Korey Kauffman was allegedly killed. Marlisa states that the prosecution might lose exculpatory evidence by having Woody’s testimony, and the Prop 115 testimony thrown out. She states that this could possibly hinder their defense. I really don’t think Marlisa cares if the defense inadvertently hinders it’s case. She is grasping at straws. I heard rumors of some people seeing her cry as she left the courtroom. Poor Baby.
It is now time for our lunchtime break. Marty Carlson will be reporting on the afternoon events.
Believe me, The Truth Is About To Set Them Free.
Sincerely; William Thomas Jensen (Tom)