In custody days
MARLISA GETS OWNED BY THE WITNESS…….
By Marty Carlson
This is the afternoon session the Frank Carson et al. preliminary hearing for Tuesday, September 13, 2016. Tom Jensen did the morning and had some adventurous testimony from John Fields and that continued on into the afternoon.
After the lunch break the attorneys and the judge were talking about the status of the subpoena that had been submitted for the medical records of the different jail facilities for Robert Woody. In addition, the judge it was advising the attorneys of new case law involving statements against interests by suspects and witnesses. This new case law came out on August 23, 2016.
At that time Johnny Fields that was brought back to the stand and seemed to be in a much better mood than before the lunch break.
Mme. Dist. Atty. began asking the witness if he took psychotropic medications, and had issues with his heart. He stated that he has bipolar and is borderline personality disorder, he takes about three psychological medications.
He was asked if he ever hears voices or sees things that aren’t there and he stated that he is never had that experience. He was also asked at that time if he is under the influence of any type of drugs or alcohol today coming to court or being in court right now. He stated that he was not in he was only here because he had been subpoenaed.
He was asked during lunch hour if he had a conversation with Martha Magana concerning his testimony, which caught him off guard and so there was obviously somebody in the hallway that had passed information on to Marlisa Ferrera, and as in the past in this hearing there appears to be deputies in the hallway monitoring everything that saying being relayed to the DA.
He stated that Martha Magana had talked to him briefly, telling him he had was doing a good job in his response was that he was concerned that Cooley is a dangerous man. He also stated that Michael Cooley is a member of the Turlock secret society. TSS is a group of individuals that believe in a high power of white people in Turlock.
During his time to there is also some objections and an offer of proof as to the state of mind of this witness and to be honest with you I felt he had some maybe neurological disorders or some sort that he mentally he seemed to be very prepared for his testimony, and was a good witness.
He stated that he had heard about TSS and Michael Cooley’s involvement through the grapevine on the street.
The Dist. Atty. was then beginning an offer of proof after some objections when she asked about TJ Samra and Michael Cooley they didn’t get along and some of their prior statements and it was said at one time that TJ Samra was involved in the homicide of Korey Kauffman. The witness also stated that Robert Woody is not capable of committing a homicide and the judge at that time inquired as to the line of questioning by the DA and she stated it was prior statements that she was trying to get brought in. Then at that time the judge started reading some transcripts of some police reports or something along the lines of some of the statements.
There was a long argument over statements in the report in the defense was saying that the judge did not allow questions on their direct and in previous in regards to TJ Samra but is allowing the Dist. Atty. to go into that area now even though is not covered in direct.
The judge advised that this information was in the report that she was reading and Robert Forkner advised the court they just received this information they were reading just now as it was a statement made the Robert Woody’s investigator. They did not have this report earlier in the direct.
The witness said many times that he was with Cooley and talking about the homicide, the witness advised that Cooley wanted him to beat up Eula’s son Keith Hobbs. Apparently there was three conversation said he had with Cooley discussing the homicide, and only really discussed this issue with Woody’s investigator. He was allowed to read the transcript of the interview with the investigator and he advised that it did not help his memory much.
He did say Korey was at a house on East Avenue was told to never come back and his constant thefts. He also stated that he had been to Korey’s house before when he had an old Jeep that it broke down the decided to cut up and recycle.
The witness was asked to leave the courtroom again for discussions between attorneys and he was becoming extremely agitated over this process stating is doing nothing more than endangering his life. But there was long conversation between attorneys about whether he was a Jeep or a trailer that was being cut up at Korey’s house.
At that point the judge went into the chambers to look at the testimony of what was said in on January of this year the judge stated the transcript does say it was a Jeep that was being cut up. The judge at this time also was advising the Dist. Atty. to start playing better foundation for her questions as she would they were not being asked properly for being led properly.
The witness a stated that it was a cheap that had broken down when he is on his way home from the picket house and he had it returned there is a decided to recycle it. The witness was asked to give some type of time estimation when the Jeep was cut up and he said it was sometime between July and December 2012 or 2013. He is stated he had seen the man next door working in the yard, working on the roses.
The witness stated he met Mike Cooley through Korey Kauffman, and did not remember talking to Winona love during that time and says Michael Cooley, A TSS member, is also a Hells Angel.
Mme. DA was trying to show inconsistent statements that was only bring it out at best speculation with many sustained objections. As a witness also stated that that time that the investigators were obviously not putting everything into the report as to some of things he said were not there.
At this point the witness appeared to be getting extremely agitated and then finally started a long narrative about his mistrust of the District Attorney’s Office and the court system. He also stated that he is very upset at the woman DA and that he just needed to vent a little and get it off his chest. But he knows full well the defense attorneys are there to help people in the DA is there to do harm to people. He also stated that since a conversation became about Winona love she was a previous love interest and a sore subject with his wife right now.
Must be noted to that his wife was sitting in the audience in the courtroom and did not appear to be too happy about him giving testimony in this case.
He stated the second time he was with Cooley when he talked about killing Korey Kauffman he stated Winona love was also there. At that time there is a long argument between attorneys on what was actually in the transcript as the defense felt the Dist. Atty. was improvising with the transcript somewhat.
Johnny feels said he had told the officer taken report that TJ Samra had something to do with the death of Korey Kauffman, and he also said he told the officer that he felt that TJ had lost his business due to his drug use.
The Dist. Atty. was reading from a police report and the witness gave an outburst that TJ had shot at him before and there were violent tendencies there. He stated some of the names brought up earlier in today was Robert Woody and he knew him from the jail and his cell is actually one cell down from his. He stated he knew Robert Woody had been arrested for the homicide and he had talked to Woody about mother Mike Cooley involvement.
He was also asked if they had any other type of conversation and he stated just the usual stuff mostly about sex and things like that. Apparently they had talked some about Michael Cooley but nothing was mentioned about him being involved in the murder.
The Dist. Atty. had asked the witness to try to identify the Atwahls sitting in the courtroom and when inquired by the judge as to why she stated it probably will be relevant at some point. The judge gave her one of those looks and says know you’re not doing this.
The witness stated he never asked about any details about Korey Kauffman incident, and he also stated that my Cooley had pulled a knife on him in the past and he had run away through a field. He stated the Korey Kauffman had Going to a house on East Street after being told not to after getting caught stealing.
He stated Korey Kauffman was never aggressive as far as he saw, and never saw Korey or Michael Cooley fight, and he never knew Michael Cooley when he lived on lander.
The Dist. Atty. then began questions on when the witness had collapsed on the railroad tracks and tried to represent to the court that Michael Cooley was a good guy had had actually saved his life by calling an ambulance for him. And this was after the witness is continuing saying how dangerous a man Cooley was.
At that point we took our afternoon break it was at 2:56 when we went the break, and we finally returned about 3:40 PM and we entered the courtroom the judge the DA Robert Forkner and another attorney were huddled in the sidebar at the side of the judge’s bench having a discussion. It was finally revealed that was a conflict attorney that was sent over to represent Charlie Odell he had received the information that was got a go talk to go jail at the jail.
The witness denied saying that Mike said he didn’t kill Korey Kauffman to the investigator. He also stated that when he was given a copy of the police report on his statement he stated that is not what he said.
The district attorney asked him if at the time during the statement that he was a three strikes candidate and he stated that he would take the fifth, and the court advised him he cannot do so and so he answered the question as yes. He also stated that Cooley had pointed a knife at him and jab at him but never actually make contact with him with a knife. He was asked if he called the police on that incident he stated he is not a cop caller and does not call the police for anything. He also stated that he felt that Cooley was kidding around initially when he was talking about Korey Kauffman.
When asked why he contacted the police while he was in jail about this case he stated he was looking for a deal, like most people are. He also stated that when Korey Kauffman was threatened that the house on East Street that he had ran through a field to escape because he was scared. But he does not know who made the threats.
At that point the judge had noticed as most people were also noticing the witness his wife was very animated in the gallery and it appeared that she was trying to lead him to his answers, and the judge had warned her several times in advised her at this time she was going to have to leave the courtroom. After brief dispute with the Bailiffs which she of course lost, she was led out of the courtroom. During that time, she was talking very loudly about how they were now in danger of being killed because of his testimony.
Robert Forkner then asked the witness if he had had any other person in his entire life had confessed to him at any time. he stated no.
At that time there were no further questions by all attorney involved and the witness was extremely relieved to be done and off the stand and made some inquiries with the court on how to be compensated for his Mileage and expenses for testifying and he was advised on how to do such and was happily allowed to leave the courtroom.
At this point it was just before 4 o’clock and they began discussing the scheduling for tomorrow and the judge stated that she wants Charlie Odell in the courtroom at 10:30am for a late start. And they are scheduling Woody to continue his testimony.
Percy Martinez is making an argument at that time also about the order the judgment again made of discovery in Brady material ordering the District Attorney’s Office to turn over all immediately and he stated at that time the district attorney Melissa Ferrera agreed to do so. The judge appeared to take a decent defensive posture towards the prosecution in this and stated that she is complying at this time, even though it’s 11 months into this case.
Percy Martinez also asking the court if she has reviewed or previewed the order by the court and as she rescinded any of those orders. Stating that all the Brady material is to be turned over whether it’s only going to be used or not in the hearing. Again the judge seemed to be very defensive in the prosecutor’s defense of this issue. And told him that they are complying at this time.
Court was then adjourned to reconvene tomorrow at 10:30 AM.