FRANK CARSON et al 9-6-2016 (marty)

Court day

128

in custody days

388

More of the same of no accountability

by Marty Carlson

9-6-2016

The afternoon session started at 1:30 PM court time but was actually 2:07 PM real-time.

The judge started by saying there’s been much ado about nothing as she is said earlier about many of these motions, she stated that she was in chambers and had notes for questions for attorneys later and one of those questions was are the notes of prior inconsistent statements on Woody’s paperwork that they got out of the cell. She stated none of those concerns raised by defense are in those papers, or writing on the paper. And she stated the waiver that Robert Woody had made previously was only for that one instance for those papers and transcript from his recorded meeting with his attorney to the DA.


She also stated that there is an unresolved issue that has been before the Supreme Court which you referred to as the swindler versus US case, and reads from the Scotus ruling. And she made reference to the attorney that was involved in that case and he committed should suicide shortly thereafter.

Finally, the judge’s ruling is as follows one the content in those papers are protected as attorney-client

two’s the case cited by Bruce Parry earlier in arguments focuses on pretrial discovery in the law does not have allowed to have pretrial discovery’s. But she did state there are four pages that are not attorney-client privilege and had Bruce Parry approach review the four pages he had no objection and they were turned over to the defense. I have no idea what those four pages were.

At that time, they had the in custody Padilla back on the stand to take questions from Martha Magana and he stated that in April 2012 he had told Detective lingerfeldt and Brodie while he was in custody at the Public Safety Ctr. and shortly thereafter had another interview with Kirk bunch. They had talked about him talking to Cooley sometime later and he stated that Cooley had repeated the story to him again.


Martha Magana had a large stack of pictures, approximately 70 of them, which you wanted to have the witness look at and Mme. Dist. Atty. want to look at the pictures first and slowly went through all 70 pictures as if she had never seen them before. These pictures were taken by Detective Navarro.

The pictures were different angles of the Cooley house and property that he lived on at the time and she had him Mark on pictures #31, #41, and #71 were Michael Cooley had pointed out where Korey had been beat downing killed. In the back of the residents there was a barn, and it was alongside that barn, he stated near the corner that where Korey was beaten. All the pictures were submitted to the court and were admitted as evidence.

Marlisa Ferrera began cross-examination on the witness and had him read a transcript of an interview that he did with Detective read on January 24, 2014. He stated at that time there is a subject by the name of TJ that had killed Korey Kauffman along with Michael Cooley. He stated that Cooley was upset during the conversation and then had turned around and said Frank Carson was involved in the killing. He stated Korey was killed after going over the fence of the Carson property and that Cooley stated he did not go because he got a fight with Eula and stayed back.

He stated that Cooley said Korey was killed over $200 worth of aluminum and Cooley also stated they had stolen over $100,000 with the property from Frank Carson.

At this time Percy Martinez was objecting and arguing that the DA is crossing on a total different area that will what was presented in direct examination. They then had the witness leave the stand to show an offer of proof by the DA concerning the body wire warned by Padilla to record Cooley and all other statements of facts or observations.

The judge advised the DA jet she is misreading the statutes as far as this is concerned.


The DA interrupted the judge saying that investigators Lingerfelt, Brody, Redd at all talked to Padilla and Cooley, and got Padilla released from jail to wear a body wire to find out information from Cooley. Mme. DA at this time was very high strung and began reading the evidence code statutes to the judge as she’s done in the past and the judge immediately cut her off saying she knows what the statutes say’s. And advisor very sternly not to educate her on case law.

The judge stated that the DA is missing the point she is trying to make until the DA she does not know when to stop talking, that yet Melissa Ferrera kept interrupting her even then, raising the ire of the judge even more.

Percy Martinez argued that the DA is confusing the issue from April 2012 one Michael Cooley make so statements to Padilla, and though statements are against penal interest. He says Marlisa Ferrera says Michael Cooley is making exculpatory statements, and there are two separate conversations and she is trying to bring the second one in that was done in January 2014.

Attorney Hans made an argument and referred to defense being shut down earlier in this hearing on 115 testimonies and not allowing to going to other areas like the DA is trying to do now. He stated in 2012 Michael Cooley was making statements that Bobby Ticknor had killed Korey and the DA is trying to bring in other evidence not related.

The judge again directed her comments to the district attorney saying she needs to heed her warnings and that 356 statute, and the DA is not able to use another statement to confirm prior statements. During this time Mme. DA was trying to interrupt the judge and continue to argue her case, and the judge reaffirms her disagreement with the DA’s interpretation what the law, and it was obvious that the judge was getting extremely aggravated at this point.

But nonetheless Mme. DA kept argue with the judge about the conversation between Padilla and Cooley, and the judge again very angrily told her she has not learned when to stop talking were making argument after she has ruled or decided.

Again this led to long argument by all attorneys concerning statements and now the judge is very agitated with all attorneys at this point, to tell you the truth it looked to me like she’s getting to walk off the bench again like she’s done double times before.

At this time, it was after 4 o’clock and Jesse Garcia stated that he just wanted to submit to the court the proof of service on the subpoena for the psychological and medical records of Robert Woody at all the facilities he’s been in.

Mme. DA at this point said she has provided rap sheets to the defense on all the witnesses and to no surprise of anybody in the room, the DA stated they found some recordings of the transportations of Robert Woody to and from court. She also stated that investigator linger felt his writing reports on those transports. Now remember prior statements after numerous questions have been asked by the defense attorneys about any recordings done during these transports it has been repeatedly denied that they existed.


This resulted in an exasperated reaction from all people in the room especially defense attorneys, and Percy Martinez makes an argument that agent Brody and Steve Jacobson were doing most of the transports and not Lingerfelt, so he cannot write reports on those transports. Mme. DA again has a quick answer as she usually does and says he did some and agent Brody is going to write a report on those transports. But I also remember agent Brody saying on the stand the other day that he was not aware of any recordings being done. Investigator Jacobson is not available this week as he is out of town.

The judge denied the objections saying that she is only doing now what she asked her to do and cannot punish her for it, I guess the harm to these in custody defendants is of little value to this judge.

In addition, agent Brody will be sitting next to the district attorney in court tomorrow as a lead investigator, as Kirk bunch has a deposition to do and there are no other investigators available, which led to multiple arguments by defense attorneys asking the court how many lead investigators is the DA allowed to present. The judge overruled all the defense objections and said that she is going to allow agent Brody to sit next to Marlisa Ferrera to keep her from getting lonely tomorrow.

That was the end of the day today in court is scheduled to start tomorrow at 9:30 AM but we all know it won’t.


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5 comments

  1. And the circus continues. This Judge needs to start acting like one starting with Ferreira. If she continues to let this shit go on this prelim will go on forever. She must be getting soft. The judge actually threw a book at someone in a case she had. I’ve been waiting for this to happen here. There is no evidence at all in this case if there was the DA would have been better prepared. She is just fishing and hoping for a bite, nothing so far. She really needs to drop her line and walk away.

  2. I am shocked by the misconduct this judge allows. This latest discovery will extend this hearing for many months. We are in the eleventh month, and the prosecution suddenly finds some more discovery that had been requested many times before. Bunch and Jacobson testified under oath that no recordings were done. There should be some consequences for this, but nothing like that ever happens. If anyone in the Attorney General’s office is reading, we need some help down here. This is not justice. Tom Jensen

  3. Is there anything for judicial misconduct? Seems like the judge wont allow anything in on behalf of the defense. And alot of it seems like it would give defense a major boost

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