IN CUSTODY DAYS
LETS JUST AGREE TO DISAGREE
by Marty Carlson
The afternoon session started very quickly this afternoon at 1:40 PM with Robert Forkner advising the court the Johnny Fields has been served with a subpoena for tomorrow, and the way he said that it sounded like Johnny field is not in custody, but I do not know for sure.
Jesse Garcia advises the court that he is will not be ready for cross-examination on Robert Woody at 1:30 tomorrow and a couple other attorneys joined in that representation to the court, but the judge wants Robert Woody put on the stand tomorrow afternoon at 130 and for everybody to be ready.
Attorney Hans began cross on Johnny Padilla and he was asking about a police report concerning statements he made to Dale Lingerfelt. Padilla stated that Cooley did not want to talk to investigators and Cooley had stated to Padilla let’s get out of here and he went back into the house.
Padilla also stated that Cooley advised him to stay away from somebody called “Flaco” and he repeated this statement where he said the “kid” was removed in a white King cab pickup. He was also talking about a Bobby from Hickman and worked at a tire and auto shop in Turlock, on the corner of lander and ninth Street. This conversation was in apparently in January 2014 when he talks to Cooley wearing a wire. He also stated he had not seen Ticknor sense Korey Kauffman went missing.
He went into another brief line of questioning that the DA objected to as hearsay there were some arguments heard the objection was sustained.
Martha Magana begins cross and asked about an interview with agent Brody at Dale Lingerfelt and John Evers, and inquired if he had had a lawyer present during that interview since he was in custody. But they made arrangements for him to be released and he was at Cooley’s house the next day. He had told investigators that the day after the alleged incident Cooley was flipping out, which began an ongoing objection by the DA as to the statements not being consistent nor inconsistent and of having no value.
Martha Magana argued to the court that the DA says a conversation did not happen and she has a right to presented to the court. And the DA represented in response that she talked about many different conversations and this was one of them. Martha Magana asked Padilla if Cooley warned him to stay away from certain people and he said yes he did.
Again another long drawn out objection by the Dist. Atty. and she was also fumbling through some reports and transcripts on her desk and after about 5 to 7 minutes of that she starts doing a long narrative concerning the statements by Cooley and Padilla.
Martha Magana argued they are prior inconsistent statements and the objection was overruled. While that was going on Padilla was taken off the stand and put in the back room he was then returned.
Martha Magana then began reading transcripts of previous statements and interviews with law enforcement which led to more objections by Mme. district attorney. Martha Magana explained she was reading the transcript from the interview with agent Brody, investigator linger felt, and investigator Evers. And they were concerning statements about Cooley describing the beat down in March 2012.
Martha Magana and Marlisa Ferrera at that time appeared to be in somewhat of a tit-for-tat session. The judge was becoming very aggravated at the both of them for not making legal Omar arguments instead making arguments directed toward each other. Which included the Dist. Atty. reading some codes and case law and then she began a what I considered a long silly argument directed not at the issue at hand but directed more at Martha Magana.
After the smoke cleared the judge overruled to the objection.
Martha Magana asked Padilla about interviews with investigators at different times and appeared to be confusing some of the interviews with each other, which led to more objections and then Padilla being taken off the stand again for an offer of proof.
Martha Magana stated that saying the consistent statements by this witness after the DA tried to dispute and Martha Magana reading long sections of the transcripts was to show why. The objection was sustained by the judge.
At that time, we went to our afternoon break when we returned 15 minutes later court time about 25 minutes later real-time, Martha Magana was asking if Padilla was shown a photo of Cooley’s backyard by investigators. He stated he had any it also pointed out where the beat down of Korey Kauffman occurred. Padilla also stated that Michael Cooley did not like anyone in the back of his house because he had a lot of junk back there, and he knew he’d get ripped off.
Again there was an ongoing objection by the Dist. Atty. as to statements by my Cooley as being inconsistent. Martha Magana asked Padilla if Mike Cooley’s mouth was very chaotic describing the scene the next day and he stated his lips were extremely agitated in not talking in a normal tone.
Again they confirmed that Bobby with a white pickup truck, worked at a shop at Lander and ninth Street and the new Bobby from hanging out it Cooley’s house when he was buying drugs. Martha Magana then began a lying of questioning that was objected to a sustained by the judge is outside the scope of other Cross and other redirect.
Padilla stated that the white truck had different sized tires all away around it as if they were just patched together, and when he was asked why he did not talk to investigators earlier he stated them he thought my Cooley had a very told them everything. At that time Martha Magana was done with her questioning and Padilla left the stand he was finally done.
We then returned back to the motion by Martin Baker as privilege as regards to Robert Woody’s medical records at the jail, namely his medications and his psycho Tropic drugs.
Jesse Garcia made an argument and sites case law in regards to psychiatric evidence, and stated there is no privilege for those type of records. Jesse Garcia requested that the judge taken in camera review of those records to determine if they should be turned over to the defense.
Martha Magana argued that the statutes say it gives a defense the right to the records or at the very minimum an in camera review by the judge. She stated that Woody made multiple statements and he took meds prior to the polygraph exam but not that day is playing planning to take them later that night. She stated that Woody has a long history of different statements and he may be suffering from drug induced psychosis, which may be the reason for the need for the medications. She also stated that the citations on the case law by Martin Baker given does not apply to preliminary hearings.
Robert Forkner at that time thought made what I thought was an interesting argument, stating that Steve Jacobson was apparently involved in the decision-making process when Robert Woody would receive his medications. As he decided apparently that he was not get his medications the day of the test but would receive them again that night and from there on out.
The judge stated that if Woody had consented or knew of the disclosure of his medications information to investigators then that a waiver would have been given. If not allowed to contest their decision to give him medications are not been no waiver has been applied.
Martin Baker argued the transcript does not show any mental issues. He states there is a least one person in the room, gallery, who is on psych meds but that does not necessarily mean mental illness. Now what he was saying there, at the time there was nine people in the gallery, and statistics show one out of every eight people is on some type of psych medication. So he was using the gallery for comparison speaking. But we all know who that person probably is anyway.
Martin Baker also said one half of the witnesses in all criminal trials are involved in drug use. And the fact that his client was talking about psychotropic meds is not a waiver. He also stated that an in camera review does not help a judge to determine unless that judge also has medical degree, experience, and the background understand such things.
The judge at that time says this is not an easy issue and in respect to the case law cited there is not enough information been presented to determine its relevance. The judge started reading statutes and some of the case laws and did say that Beverly Woody did testify that Robert has mental issues and there is discussion on the tape about psychotropic drugs.
She stated that Robert Woody has made multiple inconsistent statements in the defense has a right to information on any delusional tendencies he may have.
The judge finally ruled that there is insufficient information to expose his psychological and medical records to the defense at this time. The judge also stated that they will probably be revisiting this issue again.
We were right at the end of the day at this time and Robert Forkner made one last request that any transportations made by investigators of Robert Woody to court be recorded, documented, and turned over to the defense. He also rent asked again for any other discoverable material be turned over from the District Attorney’s Office, as is been a problem throughout this case of getting discovery.
The Dist. Atty. made a very what I considered unusual response, stating it is an hour drive from the jail to the courthouse and investigator linger felt does it on his way into town every day, and it would be extremely cumbersome to transcribe document every transport. Plus, convert them to CDs. The problem that I don’t understand with that argument is that Robert Woody is no longer in Tuolumne County jail, but is house now in Stanislaus County jail approximately 3 blocks from the courthouse.
That was the end of today’s preliminary hearing to be continue tomorrow at 9:30 AM