Court days 128 Custody days 383
WHAT A DIFFERENCE A DAY MAKES
TWENTY-FOUR LITTLE HOURS
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
Today was like a completely different world from yesterday in the courtroom. It reminded me of a song that my parents used to play on the stereo. I know I have this record somewhere. The artist is Dinah Washington. We are putting this one on for you, and all of the defendants that have suffered so long from a vicious malicious prosecution that seems to have no end. Listen to it, and enjoy.
Today, we went into two different major issues, both of which will possibly change the outcome of this preliminary hearing. Marty Carlson has already released a “Teaser” to get your interest. I will now paint for you yet another picture of what happened today.
We start out shortly before 10:00AM with defense attorney Percy Martinez requesting any and all tape recordings, and reports, and notes, concerning the conversations that were had between the investigators and Robert Woody while he was driven to Modesto from Tuolumne County. This happened at least 4 times, and a time span that could be as long as 16 hours. Special Agent Brody testified that he discussed details of the case with Robert Woody during 3 or 4 such drives that he was involved with.
Defense attorney Robert Forkner chides the judge by stating that mere suggestions by the judge for the prosecution to comply with their discovery obligations will: “Not make them do anything.” Forkner states that the court needs to order discovery. There are some very pointed statements from the defense that seem to anger Marlisa Ferreira. The judge basically tells Marlisa to get her act together, and get it done.
It is now 10:00AM, and I notice the Bee reporter has entered the courtroom. I very much appreciate the report that he wrote yesterday, and the amount of time he has spent in the courtroom lately. Please keep up the good job. People need to know what is happening.
Judge Zuniga gives Marlisa Ferreira a chance to respond to what the defense attorneys had just complained about. Marlisa states: “I am a little bit Muffed.” Excuse me, I meant Miffed. LOL. Marlisa tells the judge that she can get the notes, reports, and any recordings together by September 7th.
At this point, Frank Carson hands Percy Martinez a piece of paper. Percy announces that Frank wants the judge to force the Brady Material and make a ruling on his request to be released on his own recognizance. Percy states that Frank does not want a lengthy hearing on the medical records of Robert Woody, or his psychotropic drugs. Frank seems to be getting frustrated by the slow pace that has been the norm in this preliminary hearing. Percy states that he is going to call Beverly Woody back to the stand, and re-do all the Prop 115 testimony that has happened during the last 10 months. Percy Martinez speaks about just receiving discovery yesterday concerning a voice stress analysis of Charlie O’Dell.
Judge Zuniga: “I am not going to respond to that.” I guess she is “Okie Dokie” with continuing the cruel and unusual punishment for those locked up for 383 days without being charged with anything. She uses “Okie Dokie” as her affirmative answer to many questions in this hearing.
Defense attorney Robert Forkner hands some papers to Judge Zuniga. They are marked joint 130 and joint 131. Judge Zuniga takes some time, and reads the papers. I notice that Kirk Bunch is turning red, and his bunny jowls are jutting out once again. Oh Buggs, you are such a tool.
Forkner speaks about how so much exculpatory evidence in this hearing has been buried, hidden, lost in a garage etc. He states that he feels like a broken record. He has to say the same things over and over again complaining about the same things that continue to happen.
The papers that Forkner turned over concern a voice stress analysis that was done on Charlie O’Dell. Forkner states that the voice stress analysis indicates that Charlie O’Dell is telling the truth. In the voice stress analysis, it seems as though he makes a statement that Michael Cooley had admitted to the killing of Korey Kauffman. This discovery was just turned over yesterday, despite the fact that the prosecution has had the data since 02/08/2013. Where have we heard this before?
Marlisa Ferreira makes a response to Robert Forkner. You can always tell when she is agitated. Her tone of voice, and facial expressions would make this lady a very poor Poker player. She states that Kirk Bunch had written a report on this subject. This report was “hidden” in a stack of unorganized papers that the defense attorneys were allowed to go through on one of the off days recently. The VSI was done by a man named Greg Jones, but Greg Jones wrote no report on this subject. Having Kirk Bunch write a report on it made it nearly impossible to find.
Robert Forkner states that Greg Jones’s report and recording of the VSA was not provided. Forkner states that the prosecution only buries exculpatory evidence, and that there is a continuing pattern.
Marlisa Ferreira goes on a rather lengthy rant. While this was going on, Martha Carlton-Magana was going crazy waving her arms. Marlisa would not stop ranting to give Martha a chance to speak.
Defense attorney Robert Forkner asks the judge to go to page 1558. It is read, and we can hear that Greg Jones, and Corey Brown (who was also involved in the VSA) say that he was telling the truth. Forkner states that the defense attorneys had received the VSA’s on Keith Hobbs, and Eula Keys that were done on the very same day. Forkner states that the VSA on Charlie O’Dell was buried in a Bunch report, and only the exculpatory evidence was not turned over.
Defense attorney Martha Carlton-Magana states that: “Ms. Ferreira can make her record.” Martha speaks about the lost thumb drive, and a treasure hunt to find hidden gems that were stuffed into multiple bags.
Judge Zuniga now finally responds. She states: “Ms. Ferreira, I was thinking last night about the things that are continually falling through the cracks.” Judge Zuniga: “It is a mystery to me why you are the only DA on this case.” “You are already on notice that the defense is not going waive their right to a speedy trial.” “You recall when you put Beverly Woody on the stand, and after only 2 minutes she was already confused?” “My comment to you was: “I don’t think this will end well for you.” “It didn’t turn out well for you.” “The continual problem now is not going to end well for you.”
Marlisa Ferreira states: “We are moving on that on Friday, and the weekend.
Judge Zuniga: “You should bring in another DA from your office to work with you.”
Marlisa Ferreira: “I don’t think we have one that can do that.”
Judge Zuniga: “Contract out for another attorney, or have an Attorney General help you.” “Pass that on to your superiors.” “This is a big big case for you, you have to bring in all the experts.”
I think the judge should have been even firmer on this issue with Marlisa. I thought she was being a little bit “Wishy Washy.” She has not had control of her courtroom for this entire hearing. The way she let Patrick Hampton shout “F Bombs” to everyone in the courtroom is just one example of how she has not had control in her courtroom. I would have held this man in contempt of court many times while he was on the stand. Just saying folks.
We now get to the second major item on today’s agenda. Johnny Padilla is brought to the stand in his orange and white striped jump suit. Johnny Padilla is a life-long friend of Michael Cooley’s. They grew up together. Johnny testifies that he does not know Frank Carson. He states that he was in custody in January, 2012. He states that he made a statement to Kirk Bunch on 03/10/2012. Johnny Padilla testified that he reverted back to drugs after he was released from prison. He said that he would buy Methamphetamine from Michael Cooley, and Eula Keyes several times a day. He said he would purchase small amounts.
Johnny Padilla testified that sometime in April (He could not remember the exact date), in 2012, he went to the Cooley house to purchase some Methamphetamine. He said that Michael Cooley was: “Flipping Out.” He asked Michael Cooley why he was so agitated, and was told by Michael Cooley: “You will not believe what happened last night.” “They got the kid here last night.” Padilla said that “They were stealing from Uncle Frank.” Padilla testified that Michael Cooley told him that he had witnessed the killing. He said that Michael Cooley showed him where Korey Kauffman had been killed. Padilla said that Korey Kauffman was killed in Michael Cooley’s back yard by a large metal building, and a little cage where Cooley used to keep a dog. He spoke about some trees that were nearby. I seem to remember something about the bike being buried under a tree on the Cooley property. He said that the horse shoe pit was to the left of this location, and it was around 40 feet from the horse shoe pit.
Johnny Padilla said that a person with a white Chevy pickup took the body away. Judge Zuniga then has Johnny Padilla taken out of the courtroom.
Judge Zuniga states that Johnny Padilla is saying that Michael Cooley is actually responsible for the killing of Korey Kauffman. She states: “If this come in, it will come in as a declaration against penal interest, or prior inconsistent statements.”
Johnny Padilla is brought back to the stand. Defense attorney Percy Martinez asks Padilla if he recalls telling Kirk Bunch that Korey Kauffman had stopped breathing after being “Beat Down”. Padilla says yes, and says the kid was the “Recycling Kid.” Padilla says that Korey Kauffman was killed because he was stealing from Uncle Frank. He mentions something about a motorcycle being stolen. Padilla states that Michael Cooley did not say who was involved in the killing of Korey Kauffman.
Percy Martinez asks Padilla if Cooley had said that the killing occurred on the Carson property. Padilla said: “No.” Kirk Bunch is now bright red, and Marlisa Ferreira is pale white. Percy asks Padilla if he recalled Michael Cooley saying that someone had taken Korey Kauffman’s body away. Padilla testifies that someone had picked up Korey Kauffman and put him in a white Chevy pickup. At first, Padilla speaks about someone named “Ricky.” He then is asked by Percy Martinez if Michael Cooley had mentioned “Bobby.” Padilla says: “Yes.” I was afraid at that point that he was referring to Baljit Athwal. Padilla said the white Chevy pickup was Bobby’s pickup. Percy Martinez asks Padilla if he remembers doing an ID of a picture of Bobby. Padilla says: “No.”
Defense attorney Hans Hjertonnson takes over asking Padilla questions. Hans shows Padilla a transcript to try to refresh Padilla’s memory about Bobby. It works, and Padilla says he remembers. Padilla states that Bobby is actually Bobby Tickner.
Defense attorney Martha Carlton-Magana asks Padilla if he knows Daljit Atwal or Baljit Athwal. Padilla states that he has just seen them at the store, that he was not friends with them, and that he had just purchased items from Pop N Cork. Martha asks Padilla if he knows Robert Woody. Padilla says: “Yes.” Padilla testified that he had just seen Robert Woody around the neighborhood, and had done drugs with him. He said that Michael Cooley is a close friend of his for most of his life. He said he knows Keith Hobbs and Eula Keyes. He said he went to the Cooley house several time a day to purchase small amounts of methamphetamine. Johnny Padilla testified that he had not spoken to Bunch, or had any interviews with him recently. He said he had spoken to Brody, but had not had any interviews with him. He said he did all of his testimony from his own memory.
Court will resume on Tuesday at 9:30AM when we will first take up the issue of the transcripts that were taken from Robert Woody’s cell. Johnny Padilla will be put back on the stand at 10:30AM. THE TRUTH IS ABOUT TO SET THEM FREE.
Sincerely; William Thomas Jensen (Tom)