FRANK CARSON et al 8-31-2016 (tom)

COURT DAYS/CUSTODY DAYS

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BITTERLY DISAPPOINTED TODAY

HOPEFUL FOR THE FUTURE

FRANK CARSON CASE

08/31/2016

BY WILLIAM THOMAS JENSEN (TOM)

Tom Petty has a song with some lyrics that I think apply to what happened today in the courtroom. “I’m so tired of being tired, but sure as night will follow day, most things I worry about, never happen anyway.” I was bitterly disappointed today with Judge Zuniga, and how she ruled on the 402 hearing concerning the withholding of Brady Material in this preliminary hearing. Judge Zuniga refused to issue any sanctions against Marlisa Ferreira, despite a plethora of evidence that showed a polygraph examination on Robert Woody had been hidden until approximately 3 weeks ago by the prosecution. Outright lies by the prosecution were ignored by the judge. In the end, Judge Zuniga scolded Marlisa Ferreira in much the same way my mother would say: “Tommy, Stop That!” This minor slap on the hand will, in my opinion, assure us that Marlisa Ferreira will continue to do similar things in the future. With no consequences for her misconduct, she has no reason to change her ways.

I took a ton of notes today, but I don’t think I will spend the time or effort to go over each and every detail that I wrote down. I am simply disgusted at this point of time. I think I will leave the details to tonight’s Podcast. There are things going on in the background, that I have heard will be very significant. I don’t have any details, but I trust that we have hope for a better tomorrow, and an eventual vindication of all the defendants charged in this case.

It was brought out today, that this 402 hearing is separate from another hearing that will take place concerning the WISN cell phone records that have been discovered by the defense attorneys.

Defense attorney Martha Carlton-Magana asks for her client to be released on his own recognizance. She talks about the issue of psychotropic drugs being used by Robert Woody, and how Woody might be delusional. She argues some case law including Smith vs Cain. Martha speaks about the “Other Evidence” that Marlisa Ferreira brought up yesterday, and how there is nothing there that would indicate guilt for anyone. She brings up how the cell phone evidence shows that Korey Kauffman’s cell phone was most likely being used by Eula Keyes, Michael Cooley, and Kevin Pickett. She states that they were turning it off and on when they were making calls, and the calls were all connecting to cell phone towers associated with their home. She states that this home uses the same cell phone towers that cover Pop N Cork liquors. She states that there is no evidence except the evidence from Robert Woody. She speaks about how Robert Woody made: “Completely exculpatory statements” during the polygraph, that she did not expect. She brings up how the prosecution has hidden evidence with the game cam photographs, and the WISN cell phone evidence. She calls all of this: “Neon Lit Brady Material.”

Martha goes on to say that her client’s Constitutional Rights have been violated. She talks about Judge Manukian’s order to provide all discovery being violated. Martha mentions possible sanctions that could include: dismissal of charges, exclusion of Robert Woody’s live testimony being stricken, Robert Woody’s Prop 115 testimony being stricken, and releasing her client on his own recognizance.

Marlisa goes on a subdued response to Martha. She states that the defense attorneys have not been deprived of discovery at a point that is too late for them to adequately defend their clients. She states that: “All of this can be re-done.” We could all die of old age before Marlisa rests her case, and the defense attorneys are given the chance to present their case. Marlisa states that there was: “No willful suppression here.”

Percy Martinez requests that his client (Frank Carson) should be released on his own recognizance, and Robert Woody’s testimony should be stricken. This includes both the live and Prop 115 testimony for Woody.

Defense attorney Robert Forkner said it was ludicrous for Kirk Bunch to say that he thought the polygraph examination of Woody had been discovered at the same time that Marlisa Ferreira was denying that a polygraph existed.

Hans Hjertonsson cites Smith vs Cain, and how Marlisa Ferreira had only rebutted three of the six points that he had made yesterday on this case law.

Martha Carlton-Magana speaks about how there is no proof of how Korey Kauffman had died. She states that the Ramey Warrant was based on an interview done on Robert Woody on 03/01/2016. She states that the prosecution knew that this interview was full of lies. She states that this fact will infect a trial if a trial happens. She speaks about how the Ramey Warrant fails to state probable cause, as required by law. She speaks about how there is a motion to dismiss based on this fact. We are now done with all of the arguments.

Judge Zuniga then very slowly goes over the reasons why she is not going to issue any sanctions against Marlisa Ferreira. She sees no violations concerning the prosecution’s failure to capture on video or notes the pre-test interview of Robert Woody.

Judge Zuniga sees no problem with Special Agent Jefferson’s lack of memory in recalling the events of the polygraph that were done almost 2 ½ years ago. She says that there was no pre- interview that happened before the pre-test interview, and goes through transcripts to prove her point.

Judge Zuniga agrees with Marlisa Ferreira that the delay in discovering the polygraph was only one year, since the other defendants were not charged in this case when the polygraph was done. She states that the defense attorneys have already had three weeks to investigate this issue since the polygraph was finally turned over.

Judge Zuniga states that Robert Woody is still here on the stand, and that Robert Forkner has done his cross examination of Woody, but has reserved further cross because of the new discovery. She states that the officers that have done Prop 115 testimony are merely reporters, and they can be recalled to the stand if necessary. The judge blames both the prosecution and the defense for the delays that have happened in this case. Judge Zuniga: “It takes two to tango.”

Judge Zuniga then tells Marlisa Ferreira that “You are set to a high standard; it is a different game in a real trial.” “You need to do something to make sure that this does not continue.” In other words: “STOP THAT TOMMY” as my mother would say. I never stopped, and I am sure she will not stop as well.

Judge Zuniga states that “This is really aggravating.” “As far as I am concerned, the information has been disclosed at a point of time where it is still useful.” Sanctions denied.

Tomorrow, we will have the testimony of the three people who the defense says that Michael Cooley admitted to the killing of Korey Kauffman to. This includes Charlie O’Dell, a man with the last name of Padilla, and a man with the last name of Fields. All three are currently in custody. I expect to see heavy security at the courtroom.

Sincerely Disappointed; William Thomas Jensen (Tom)

FRANK CARSON et al 8-31-2016 (marty)

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The judge finally makes a ruling

by Marty Carlson

August 31, 2016

The afternoon session was pushed back to 2 o’clock to the judge could review some transcripts and information. The actual start the court was at 2:16 PM.

You could hear a pin drop in the courtroom as a judge began to make a ruling as there were some high expectations by some people on the defense side.

The judge stated that she has been listening to three days’ worth of arguments and the defense have been centering on two things:

the first being Brady violations due to failure of disclosure and cited to memorialize in a report either audio, video, or written the activities concerning the test.

And second the failure to capture the pre-test interview by agent Jefferson and his loss of memory from the testing.

The evidence that she used to decide was the pretest interview statements saying they have been misstated. And apparently there was some confusion about a pre-test interview prior to the pretest interview if that makes sense.

The judge began siding from transcripts of testimony, and did this repeatedly throughout a ruling, and stated agent Jefferson’s testimony he was present when a pre-test was conducted, and then later changes testimony to say he was not present during that time.

Agent Brody was confused about the pretest interview also and finds no pre-interview before the pretest interview, I know that’s confusing at the problem here. No notes were taken or memorialized in any of the pretest interviews. Agent Jefferson had memory failure to the length of time, but she stated that he is not required to record pretest interviews as per the school training he received.

She stated that Jefferson does not take notes nor practice the questions, and stated efforts and testified that he does not always do a report.

The judge also said it was agent Brody who said it is his habit to write reports and do video as soon as the subject walks into the room. Brody was a one that said the video comes on automatically when the subject walks in the room but then corrected his testimony later.

She says it was testified that recording is done manually not automatically, agent Brody also testified that he could not remember the questions asked in the pretest interview and that is exculpatory. She stated Brody did not ask Woody about some particular information in the pre-interview as it is just a reporE reporter builder with the examinee. Both Jefferson and Brody testified that the pretest purpose is simply a pre-interview and is not a question formulation issue.

The judge stated the defense arguments that exculpatory evidence has not been captured is not supported. Agent Jefferson lack of memory, and the report written was actually memory of agent Brody. She stated agent Jefferson testified he had recollection of the poly when the report was written because he had reviewed the video.

She also stated that agent Jefferson had received limited information from agent Brody. Jefferson told Brody he could not remember names for the report and used Carson’s name even though was never brought up during the polygraph. She stated there is no doubt that agent Jefferson did not have adequate memory, that she also read stating agent Jefferson said Woody never said he knew Carson or any of the other defendants.

The judge said that agent Brody had discussed a wide range of involvement by Woody and apparently an exploratory type fast exam was given. But he did remember the actions of the pre-test interview stating stolen property from Carson was not part of that interview.

Agent Jefferson lack of memory and couldn’t remember Woody’s custody status, but could remember how he was dressed. The judge then stated that she agrees with the Dist. Atty. there was a misreading of Jefferson’s report that he was being untruthful.

During the video agent Jefferson stated to Woody he is going to write a report but may do it verbally instead. The memory failure argument is not upheld and she cites several cases that the Dist. Atty. does not have to write reports on everything.

The judge did agree with the defense that there is a continual issue of evidence either missing or delayed in discovery, and she stated there is case law that has to be disclosed at a point where the evidence can be of value to the defense.

The polygraph evidence has not impacted the ability of the defense to put on an affirmative defense.

The judge stated that she is not sure if prior 115 testimonies would have been different with this information and so the defense is not put it been put at a disadvantage.

The judge did say that investigator bunch, investigator linger felt, and investigator Jacobson were negligent when they did not reveal the polygraph information and that can be used as part of their credibility of each when called to the stand.

So that was a ruling but the judge went on to say:

and very sternly admonished the Dist. Atty. for the delays of this hearing, citing that the Dist. Atty. had made an argument recently that was the defense was continually delaying this hearing. She advised Mme. DA to get her officers together, and find out if there’s any more information available that is to be discovered.

The judge stated that there is been numerous 402, (evidence hearings), in this case because of her failure to disclose. The judge then advised the request for sanctions against the Dist. Atty. are to be denied.

At that time the judge took a break and Robert Forkner wanted to address the court prior and she said after the break and she wanted to shut DOWN at 4 o’clock today.

When we returned from break Robert Forkner address the court and stated that they had a witness that was to be called today, I believe his name was Charles oDell, and the District Attorney’s Office today had turned over some discovery in regards to statements and recordings made by Charles Odell to investigators. Robert Forkner argued this is exactly what the judge just admonished the Dist. Atty. for doing.

At that point the judge just wanted to get the day over there was one the attorneys had an issue that needed to leave at 4 o’clock and it would be another argument in the morning in regards to that.

Court was in recess until 930 tomorrow morning.

Tom’s report will hopefully be coming up soon.


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