THE SKY (CASE) IS FALLING
By Warren Yates
Due to my caseload, I am only able to get into the court on a limited basis. I was in court for a short time on August 25, 2016 just to drop in for a few minutes. I did not plan to take any notes for an article however for the short time I was there, I was entertained by the antics of Mme. chief deputy Dist. Atty. Ferreira. Judge Zuniga was making some kind of a ruling and Mme. chief deputy Dist. Atty. Ferreira made the mistake of saying “Sorry to interrupt judge”. Judge Zuniga snapped back “I told you not to interrupt” while glaring directly at Mme. chief deputy Dist. Atty. Ferreira. I don’t have to tell you that they were snickers on both sides of the gallery. Mme. chief deputy Dist. Atty. Ferreira took a jab to the chops with a KAPOW! That ended my short entertaining stay in the court that day.
Sure and Begorrah as me paddy sons of Ireland say, I was able to go back to the courtroom on August 31, 2016. As those of you that read my commentaries note, I don’t have a lot of finesse when I write my commentaries. I have always throughout my lifetime had a “go for the throat “attitude. So since you cannot teach an old dog new tricks, I guess I’ll just stay the way I am. So Nero, let the games begin.
The first thing that was brought up, was defense attorney Jess Garcia mentioning that he would reserve his examination of the “WISN” information that was received late from the prosecution for a later date. Of course, late delivery of discovery is a commonplace of Mme. chief deputy Dist. Atty. Ferreira. Judge Zuniga of course admonishes her each time this happens. That does as much good as telling one of the star dirt bag prosecution witnesses to tell the truth. HA HA HA!!!! That will only happen when jackasses fly. I have to be careful because I believe there are a few flying jackasses around the courtroom.
Apparently the day before, defense attorney Martha Carlton Magana was not able to do her arguments regarding the 402 hearing. So I’m going to highlight some of what she mentioned in her argument here. Apparently the day before just about all of the defense attorneys stated that due to the egregious prosecutorial misconduct on the part of Mme. chief deputy Dist. Atty. Ferreira in failing to discover Brady material to the defense, they all asked for a sanction against Mme. chief deputy Dist. Atty. Ferreira and the release of their clients on their own recognizance.
Ms. Magana then joined with the other counsel in requesting that her client be released on his OR because of the same egregious prosecutorial misconduct on the part of Mme. chief deputy Dist. Atty. Ferreira. She went on to state that Robert Woody said those people were involved because the cops told him to say that. Robert Woody recanted several times with special agent Kirk bunch and Special Agent Steve Jacobson. But that did not work into their plan.
She then stated that Robert Woody is not a Smith v Cain witness. She stated that Mme. chief deputy Dist. Atty. Ferreira cannot make up her own facts which is what she’s been doing. The threat to Korey Kauffman on Johnson Avenue could have been made by Rudy Gonzales who had threatened to kill Korey Kauffman before.
As Doc Holliday said in Wyatt Earp. “I thought you were my huckleberry. I’m not your huckleberry”. Then he shot the dirt bag. When that came into my head, of course the Earp’s, Doc Holliday and Matt Dillon were all law and order people. But history has shown us that like many of the law men in the old West, if there was a really bad dude and they were afforded the opportunity to shoot them in the back, since the wanted poster said dead or alive, why take any chances. I think the analogy is that there may be one or two law men in Stanislaus County that might not hesitate to shoot someone in the back. Now I have to go on record here and say that I was just throwing Matt Dillon in there for effect. I never did see him shoot anyone in the back. Alright now. All of you Gunsmoke fans. Don’t send me any hate mail.
Ms. Magana went on to state that Korey Kauffman’s phone had been with Eula Keyes and her family, friends and other assorted trash.
At this point strutting into the courtroom like a VIP comes Special Agent Corey Brown. He gives Special Agent Kirk bunch some kind of a document and then they both go into the back anteroom. The only thing missing was a little girl walking in front of Special Agent Corey Brown throwing rose petals for his entrance. I believe the Special Agent Corey Brown may have found the Holy Grail and wanted to share with Special Agent Kirk bunch.
Ms. Magana went on to state that Daljit and Baljit were only sitting in the courtroom today because of Robert Woody’s lies. She stated that the first Robert Woody’s recant was seven weeks after his first interview. The defense learned about the polygraph last October and was told by Mme. chief deputy Dist. Atty. Ferreira that it did not exist. Well of course that was a big fat lie. She stated that the substantial constitutional rights were denied by Mme. chief deputy Dist. Atty. Ferreira. She closes her argument by saying that the sanctions requested by all of the defense attorneys are fair and justified.
Now it’s time for the representative of the people, not sure what people but oh well, to begin her soliloquy. She opens up by saying that the “Dustin” case that has been cited by the defense attorneys says that there is no case law for disclosure at a preliminary hearing but only at a pretrial or at the actual trial. She stated that all substantive rights of the defendants are being preserved in this case. Mme. chief deputy Dist. Atty. Ferreira then in a pitiful voice said that half of the defense attorneys are saying failure to disclose the polygraph was intentional, and the other half of the defense attorneys said no it wasn’t. Well I know which way my vote went.
Mme. chief deputy Dist. Atty. Ferreira then whined that “I take issue because we are not post preliminary hearing and the witnesses are still available”. Wah, wah, wah. Get that whambulance outside ready. Mme. chief deputy Dist. Atty. Ferreira then pulled up her big girl panties and said “I’m not denying it should have been turned over. I take full responsibility”. Well everyone in the gallery was snickering and guffawing. Now I wasn’t, because I think that Mme. chief deputy district attorney Ferreira was speaking from her heart. So all of you that were snickering and guffawing in the gallery, shame on you.
In rebuttal Ms. Carlton Magana said she objects to Mme. chief deputy district attorney Ferreira arguing the results of the polygraph. It is inappropriate.
Mme. chief deputy district attorney Ferreira then retorted saying that the delays are the defense attorneys fault. Then with her voice cracking she said that she did not withhold anything for three years. She then stated that any arguments about how long the defendants have been in custody is NOT REVELANT. Would it be more relevant if Mme. chief deputy Dist. Atty. Ferreira had her butt parked in a jail cell for a year. That crack about the defendants being in jail makes her lower than whale crap on the ocean floor. She has shown that she is one of the most vindictive, coldhearted and emotion lacking embarrassment to good women everywhere.
Her attitude toward defendants who are presumed innocent until found guilty by a judge or jury of their peers, conflicts with decency. But we know she is on a mission from a higher authority to try to destroy the lives of the Carson 8. Her conduct in comparison, makes Lucretia Borgia look like a Sunday school teacher for little kids. I’m sure that people with a malignant heart have no trouble sleeping at night.
Mme. chief deputy Dist. Atty. Ferreira then said that the thought of willful suppression was ludicrous. She said I THOUGHT it had been discovered. There is an old saying that THOUGHT made a fool out of you and me. This is clearly demonstrated in this case. She then stated that inflammatory language by the defense is not necessary. Well take a look at yourself in the mirror Mme. chief deputy district attorney Ferreira. Your callous attitude about the length of time that the defendants have been in custody is as inflammatory as one can get. They are human beings in jail at your behest. All you are suffering are a few slings and arrows to your gigantic ego from commentators reporting what is going on in the courtroom. Warranted of course.
Defense attorney Percy Martinez then responded by joining in with all the other council’s requests that their clients be released on their own recognizance as part of the sanctions against the egregious prosecutorial misconduct performed by Mme. chief deputy Dist. Atty. Ferreira and her minions. Her ranting and raving takes the focus off of special agent Kirk bunch for failing to disclose the polygraph. But that won’t work because it was willful failure. (In my humble opinion, Special Agent Kirk bunch should have at the very least been cited for section 166 of the Penal Code, contempt of court.)
Mr. Martinez went on to state that the polygraph was excluded by design and we know by whom. If it would have inculpated any of the defendants, they would have already put it in evidence. Boy ain’t that the truth! Kim Stout had said that the Athwals were not in the BMW at Korey Kauffman’s on Johnson Avenue. Robert Woody had been forced by the prosecution to say that one of them was.
Defense attorney Robert Forkner then stated that Special Agent Kirk bunch said he thought it had been discovered even though it was willfully hidden in front of Mme. chief deputy district attorney Ferreira when she was denying it existed.
Ms. Carlton Magana then stated that there was no evidence that Korey Kauffman was shot. A bullet was found days later after the body was found. It was in the ground and had to be brought up with a stick. That area is a hunting area and a shooting area and there are bullets all over the place. She also stated that Woody had recanted many times to Special Agent Steve Jacobson Special Agent Brody while in the car.
She stated that Mme. chief deputy Dist. Atty. Ferreira knew that Robert Woody’s statement was false when she got the Ramey Warrant because of a coerced confession. Ms. Magana further stated that we would not be here except for the actions of Mme. chief deputy district attorney Ferreira and her minions. She stated that Mme. chief deputy Dist. Atty. Ferreira has a mistake of reality. Robert Woody stated that he knew nothing about what happened except what the police told him on the video.
In the afternoon session the judge began by talking about their having been 2 ½ days of arguments and lots of evidence. To save time I will tell you that the 402 hearing was lost and if that don’t make your head spin around like Beetlejuice, you ain’t alive. Okay the suspense on that is over.
Later on after making her ruling, Judge Zuniga then told Mme. chief deputy Dist. Atty. Ferreira that you said that the delays were all the fault of the defense. You Mme. chief deputy Dist. Atty. Ferreira are equally responsible for the delays. KAPOW. Mme. chief deputy district attorney several of these 402 hearings are because of your failure to disclose evidence. KAPOW. Do something to see that this stops and does not happen again. KAPOW. Have every law enforcement official bring in anything that is a piece of paper involving this case. THIS IS AGGRAVATING!!!! KAPOW. Wow. Four KAPOWS in just this one paragraph. This may be a record so I will get back to you after I check with Mr. Guinness. It was at that point I had to excuse myself and return to my caseload to help some of my clients, several of whom might actually have done something wrong, unlike the defendants sitting in Department 26.
Speaking of records, this egregious and pathetic drain of public funds because of a vendetta attacking a lawyer who has far greater skills and legal knowledge then the one bringing this action, is also nearing a record for the length of time for preliminary hearing. There has not been a scintilla of evidence showing that any of the Carson 8 had any culpability in the tragic demise of Korey Kauffman.
The calamity and heartbreak in this case is that four innocent persons have been sitting in jail in deplorable conditions for over a year. Four others have had their lives and well-being destroyed and turned upside down by some of those who should be in jail for crimes against humanity. Power tends to corrupt and absolute power corrupts absolutely. There is no better example than what exists here in Stanislaus County. I am going to post this commentary and will have another one in a very short time to elaborate more on the power in this County.
When mine enemies are turned back,
they shall fall and perish at
A thousand shall
fall at thy side,
and ten thousand
at thy right hand; but it shall not come nigh thee.
The day of retribution is nigh. Evil people beware.