In custody days
MAKE UP FOR STARTING LATE BY SHUTTING DOWN EARLY
by Marty Carlson
As you know the morning session was covered by Tom Jensen as the report has already been put up.
The afternoon session started it 1338 hrs. and it began with more Robert Woody transportations discovery. Also there was jail recordings, of phone calls and visits from Tuolumne County. There is also some conversation about some transcripts or records from an expert I believe it was somebody was a pathologist or something along that line.
Robert Woody then retook to stand in with Percy Martinez continuing his cross-examination, he was asked if there are any investigators suggesting that Walter Wells or Frank Carson were at the scene of the shooting of Cory Kaufman. He stated no. He stated that his mother had told him to say some of those things as it would get him out of jail sooner. Suborning perjury anyone?
Referring to a July 22, 2016 interview he stated Bruce Perry was present at the interview along with investigators. He stated in the April 14, 2016 interview he was not aware of the interview in advance to just happen when they showed up to talk to them. He stated that interview occurred at a jail facility where he was housed.
After some objections Woody was asked to leave the stand as an offer of proof was offered by Percy Martinez, he stated that Woody was told he was not going to be mirandized and nothing he said would be used against him. He states that is a conscientious of guilt by Robert Woody and goes directly to motive to lie.
The district attorney of course denied this allegation.
With Woody back on the stand he stated he was mirandized in that interview but could not remember by who. As there was a CHP investigator there wanting to talk about Scott McFarland. Woody told the investigator that Scott McFarland was the one having trouble with someone stealing and “shit like that.”
Woody was then shown a transcript from an August 14, 2015 interview to remind him as he was having trouble with his memory in certain areas, and it was his brother Brian’s audio played during that interview and says they were talking about Carson but again he could not really remember.
He stated he could not remember being asked by the CHP officer Domby if he been to Scott McFarland’s house before.
Again more objections Woody was asked to leave the stand for an offer of proof.
Percy Martinez says that Woody’s testimony says he had threatened to kill Cory Kaufman but the vehicle he stated was a 1990s darker vehicle. And he stated the outlaws had a 2007 vehicle.
The judge sustained the objection as to being outside of the direct examination.
Robert Woody back on the stand stated he did not know what they were saying about the threats to Cory Kaufman until the investigators had explained to him what other witnesses have said.
He stated that he had heard about the thefts in Frank Carson’s office after he had been released from his case, but it also heard through the Atwahls about some thefts occurring on Carson property. Immediately thereafter is when he went to Cooley’s house to make the threats.
In the August 14 of 2015 interview he stated juice Jacobson told him we know who gave you your marching orders. Which he stated he had no idea what he was talking about. He also stated that he just vaguely remembers a threatening Kory Kaufman at his house.
When he stated that he never drove the Atwahls BMW but he sure would’ve liked to. Also stated he never went to Korey Kauffman’s house in the BMW to threaten him. He stated that was done in the other brother’s vehicle and he had told Korey “your asses grass.”
At this point in the questioning Percy Martinez questions start to get a little confusing as he was using the wrong investigators names and the wrong dates of the interviews in some of the questions. But what he did say he did not go to trash Cory Kaufman to investigator Domby from the CHP, but did change his statement at some point later on.
What he stated he never told anyone that he had threatened Korey Kauffman, and he had told “Juice” Jacobson that he was being honest.
He stated the threat to Michael Cooley was probably being confused with the threat to Korey Kauffman. He told the investigators he never made a threat to Korey Kauffman, but admitted he also was not being honest. During the interviews Woody stated they kept mixing up the Cooley and Kaufman threats.
Sgt. Domby wanted to keep talking about Daljit’s car, it also appeared at this point that Woody was getting confused on the stand, and was also reading transcripts from the interviews but was not sure if he remembered them or not. He looked very confused.
He did state that he talked about who was in the car with Jacobson.
They took Woody off the stand for a few minutes as he appeared extremely confused about the transcripts in which statements were made about which incident. The attorneys requested the judge read a large part of those transcripts so she could have some clarity.
There were some long arguments about two separate incidents and it appears Robert Woody has confused these issues.
When Robert Woody finally returned to the stand he stated he was not aware that his statements would be used against the Atwahls . Woody also stated he was partly truthful in the August 14, 2015 interview. When he was asked about the transcripts being in his cell for review he says he may have been in that stack of papers but could not remember the dates on the transcripts that he had in the cell.
At that time, we broke about 315 for the afternoon break, when we finally returned at 3:35 PM we came into the courtroom and there was none of the in custody defendants in the room. Obviously something was going on and Martha Magana advised the court that she was too sick to continue, and so the court broke for the day.
Court is tentatively scheduled for 930 tomorrow if there’s any change in the schedule due to Martha Magana still being sick I will advise as soon as I can.