IN CUSTODY DAYS
FIGHTING OVER DISCOVERY
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
I attended the morning session of the day, and Marty Carlson is doing the afternoon session. This marathon has taken its toll on both of us, and we are going to try to split up the days as much as possible from here on out to the end of this preliminary hearing. Marty and I both attended the Walter Wells fundraiser at Sabatino’s Italian Ristorante last night. We appreciated all the support that was given to Walter Wells. Carmen Sabatino donated his facilities and all the food for the event, assuring that this would be a great success. Thank you so much Carmen. The food was really great. Those of you who have not had the pleasure of dining at Sabatino’s should give it a try. Nothing is better than great food.
We started out the morning session late as usual. Court started at 10:20AM. Defense attorney Percy Martinez was not in attendance, due to a tragic death in his family. My sincere condolences go out to the entire Martinez family for their tragic loss.
Marlisa Ferreira starts out by announcing more discovery that has just now been turned over to the defense. The DA’s office really needs to get its act together. Almost 11 months into this preliminary hearing is a little bit too late to be turning over new discovery. She had a real sour look on her face today. I am sure she hates to turn this stuff over. She was warned by Judge Zuniga recently that “This discovery issue will not go well for you.” Now she is magically finding things that should have been found at the beginning of this fiasco. It has made the defense’s job much more difficult, and has in my opinion violated the law. I am sure she simply doesn’t care about the law. She operates in her own perverted world. She reminds me of a female version of Tiny Tim.
Marlisa Ferreira tells the judge that she has turned over tape recordings of the conversations that were made while the investigators made many trips to Modesto from Tuolumne County with confessed killer Robert Woody. Marlisa and all the investigators had all previously testified in court that no recordings had ever been done. They should all be found guilty of perjury in my opinion, but will probably only be scolded by the judge. I can still hear my mother saying: “Stop that Tommy.” Marlisa also turned over reports from the investigators. Two of the reports were from Kirk Bunch, one report was from Detective Dale Lingerfeldt, and one report was from Special Agent Brody. Marlisa states that the defense is getting the transcripts of the conversations with Woody today in their uncorrected form, and that Steve Jacobson is working on producing corrected transcripts as soon as possible.
Defense attorney Martha Carlton-Magana makes a request for an audio recording that was done on 07/19/2012 with Michael Cooley.
Defense attorney Robert Forkner then speaks about an interview that was done on the entire Woody family in 2014. She wants this interview to be turned over. Robert Woody’s attorney Martin Baker states that this is work product, and he does not want to turn it over. Bruce Perry, Woody’s other attorney states that it will take him a week to prepare for arguments on this request. I am sure this issue will take a couple of days to resolve.
Defense attorney Jesse Garcia states that Bruce Perry has said that Garcia’s request for an In Camera hearing on this issue is premature. Jesse Garcia cites the People vs Hammon, and Pennsylvania vs Richie. His arguments are eloquent. It is obvious that he has prepared for what he is saying.
Martha Carlton-Magana states that this is a due process issue. She states that Woody could have a drug induced psychosis. She cites the People vs Guttierez in her arguments. She states that the defense has a right to explore this issue.
Judge Zuniga asks why it would not be possible for the defense to just cross examine Robert Woody on his psychological issues.
Defense attorney Jesse Garcia states that would be like having Woody do a self-diagnosis on himself. Jesse: “We know Woody is a chronic methamphetamine user, and it would be impossible for the defense to impeach him using the judge’s recommendation.
Defense attorney Martha Carlton-Magana states that: “One can’t testify on this issue unless he or she is a physician. She states that Woody would have no way of knowing if his drug use had cause him to be delusional.
Defense attorney Robert Forkner states that Woody has already waived his confidentiality, and has diminished rights to confidentiality while being in custody. He states that Woody’s right to privacy is outweighed by due process.
Woody’s attorney Martin Baker still claims privacy. He cites 994 and 1014 in his arguments. His arguments seemed to me to be very weak compared to the arguments made by the defense attorneys.
We finally take our morning break around 11:20AM. I notice that DA Investigator Steve Jacobson has arrived at the courthouse. I think of “Jake from State Farm.” “She sounds hideous.” LOL
When we get back into the courtroom at 11:45, defense attorney Jesse Garcia states that he wants to put Jacobson on the stand. Jesse Garcia states that Jake is his witness, and he wants to speak to him privately before he puts him on the stand. The two of them go into a private room for a conversation. When they re-enter the courtroom, Jesse Garcia seems to be agitated, and requests a private In Camera hearing with Judge Zuniga. Marlisa Ferreira states that she should be allowed to be present for the In Camera hearing. Judge Zuniga says: NO.” Marlisa gets that sour look on her face again, and pouts at her table. The judge, Jesse Garcia, Steve Jacobson, and the court recorder go into the judge’s chambers for about ten minutes. It is now 12:00PM, and time for our lunchtime break. Marty Carlson will cover the afternoon session.
Sincerely; William Thomas Jensen (Tom)