INNUNDATED WITH NEW DISCOVERY TURNED OVER BY PROSECUTION 11 MONTHS INTO PRELIMINARY HEARING
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
Today, we once again started out late for the morning session. Judge Zuniga was approximately 25 minutes late arriving to the courthouse, and several of the defense attorneys arrived late as well. Everybody needs to do a better job of keeping this hearing on track. People continue to rot in jail for things that they had absolutely nothing to do with.
Marlisa Ferreira starts out around 10:15AM by talking about a huge amount of discovery that she had just turned over to the defense. There is simply no excuse for this discovery being turned over at such a late date. Much of this discovery was stuff that the prosecution had testified under oath never existed.
I tried to write notes as fast as I could. Here is the list of the new discovery that I was able to jot down. We have a report from Special Agent Brody explaining how he knew about the psychotropic drugs that Robert Woody was taking before his polygraph examination. We have transcripts concerning Robert Woody. There is a report from Kirk Bunch concerning an incident he had with John Field in the hallway of the courthouse. We have a report concerning Eula Keyes, and how she provided the information concerning Michael Cooley calling an ambulance for John Field. Multiple reports were turned over concerning a private investigator that worked for Bruce Perry. His name is Brad Allen. Bruce Perry is Robert Woody’s attorney. One of these reports concerns Robert Woody talking about statements that he had made about Miranda Dykes. We have a report concerning John Field. A second report on Robert Woody was turned over. A third report on Robert Woody was turned over. A report on Tom Franks was turned over. A report on Pebbles Woody was turned over. A memo from Brad Phanner was turned over that concerned Bruce Perry’s office. A report on Charlie O’Dell was turned over. E-Mails between Brad Phanner and Bruce Perry’s office were turned over. A report concerning Carlos Quirros of the Ceres Police Department was turned over. An interview by Kirk Bunch on Bruce Perry was turned over. A report concerning cell phone expert Jim Cook was turned over. A report by Kirk Bunch concerning Robert Woody’s jail log, jail visits etc. was turned over. A report from Steve Jacobson concerning how he knew Robert Woody wanted a sleeping pill was turned over. A report by Kirk Bunch concerning Robert Woody’s participation in a Tuolumne County home invasion robbery was turned over. A report from the Turlock Police Department concerning this home invasion robbery was turned over. Numerous Department of Justice reports were turned over.
Defense attorney Timothy Rien then states that he has found the subpoenaed medical records for Robert Woody in his office. They apparently arrived at his office on September 6th, but he was not aware that they were at his office. He turned them over to the judge. Timothy Rien states that he has received 4 transcripts concerning the conversations that were made with Robert Woody on his drives from Tuolumne County to Modesto. There is a problem with no dates being listed on these transcripts, and no Bates Stamp numbers on them. Kirk Bunch says that this will be taken care of by this afternoon.
At 10:40AM, Robert Woody is put back on the stand. Percy Martinez continues his cross examination of Mr. Woody. Percy starts out by asking Woody about if he still has not received a sentence for his plea of no contest for voluntary manslaughter in the killing of Korey Kauffman. Woody admits that he has not received a sentence as of this date. Woody states that he expects that he will have to spend the entire 7 years and 4 months for his plea. Woody was asked by Percy how the judge will know if he has told the truth. Woody: “It’s not for me to say.”
Woody denies that he was provided any reports or transcripts since he began his testimony in this preliminary hearing. He denies being provided any photographs during the same time period. Woody testified that he could not recall if Steve Jacobson had provided him with the transcripts that he had in his cell in Tuolumne County. Woody stated that he went through all of the statements that he had made in these statements to prepare for his testimony.
Woody stated that Baljit Athwal let him drive a white Ford pickup for deliveries when he worked for Pop n Cork Liquors. Woody said that he was fired from Pop n Cork for a missing 18 pack of Beer or Soda. Woody admitted to setting the white Ford pickup on fire. I seem to remember that Baljit Athwal’s pickup was a Chevrolet. I am not sure what to think about this discrepancy. Woody told Percy that he took nothing out of the cab of the pickup He said that he put gas cans inside the pickup, and that nothing was in the bed of the pickup. Woody said that the driver’s side window was left half way down, and that he set the truck on fire using a matchbook and a cigarette. Woody denied that he had made any phone calls while he burned the truck, and said that he did not believe he had a phone with him at the time.
Woody testified that when he arrived at the Carson property, he could not see anything through the fence. Woody denied having any jail visits from his family since he began testifying. He said that he had two visits with his family at the DA’s office since his arrest. He did not recall if Kirk Bunch had allowed him to use a phone while at the DA’s office. He denied that Steve Jacobson had let him use a phone while at the DA’s office.
Woody admitted that the investigators would stop and buy him food on his way to Modesto from Tuolumne County. He admitted to two stops at McDonalds, two stops at Taco Bell, and one stop at Jack In The Box. Woody said that he was allowed to smoke cigarettes while he was being driven from Tuolumne County. Woody was evasive about who had provided him with the cigarettes. He said that he had gotten them from a store. He later said that the cigarettes were given to the investigators to give to him. Woody said that the DA’s office has a designated smoking area that was outside where he could smoke. He said that he used this area a couple of times. Woody admitted that he was allowed to kiss his mother at the DA’s office.
Woody told Percy Martinez that he did not recall telling an inmate at the Stanislaus County Jail that he was going to be famous and on TV when he was done testifying in this case.
Woody admitted to seeing the damage at Pop N Cork after the store had been searched. He testified that he fixed the doors after the search. Woody said that after the search, he had heard talk from Baljit Athwal and Daljit Atwal about filing a law suit concerning the damages.
Woody testified that he did not really know Patrick Hampton, but that he had heard of him. Woody testified that he has never spoken with Patrick Hampton.
Woody testified that he had threatened to kill himself while in the Tuolumne County Jail. He said that he was put on psychotropic drugs after that, and put in a rubber room.
Woody testified that he thought he would pass the polygraph examination that was done on him. He said that he was told by his lawyer that he had failed the polygraph. He denied speaking to any of the investigators about the polygraph results.
Percy Martinez asks Woody if he was telling the truth when he denied knowing who was involved in the killing of Korey Kauffman. Woody said that he had lied.
Woody was asked by Percy Martinez why he plead guilty to voluntary manslaughter. Woody said he did so to get his sentence of 7 years and 4 months. Woody denied that after 03/01/2014 he had been told by law enforcement that he would have to change his testimony concerning who was involved in the killing of Korey Kauffman. He denied that Steve Jacobson had told him this.
At this time, defense attorney Jesse Garcia objects to a lady in the audience giving Robert Woody gestures and facial expressions to influence his answers to questions. Many of us in the audience had witnessed this lady doing this the entire morning. The judge said that she did not see her doing this. How could she, she never watches what is going on in the courtroom. Her attention is always focused on her computer screen. It is revealed that this lady is named Mary Branco. Her appearance would make me believe that she is deep into methamphetamine use. After being pointed out, she turned her face away from Robert Woody, and avoided making any eye contact with the witness. Several of us in the audience were glared at by this lady the entire morning.
Woody admitted that he has lied in every interview that he has given in this case. He testified the only time he did not tell lies was when he was taken to Pop N Cork, the Carson property, and to the grave site in the mountains by the investigators. This man always lies, and will do anything to get a better deal.
Percy shows that Woody had lied about Robin Attenhoffer being at the grave site when Korey Kauffman’s body was dumped in the mountains. Woody said he did not go to Robin Attenhoffer’s funeral because he was asked to not attend the funeral. Robert Woody denied threatening Miranda Dykes.
Woody admitted to making false statements implicating Frank Carson and Walter Wells in his 07/22/2016 interview. He said that he had talked to Beverly Woody about this matter before he made these false statements. Woody said that he made these false statements to get a better offer in his plea deal. He denied being warned by the investigators that he was going to have to implicate Frank Carson and Walter Wells.
It is now time for our lunchtime break. Marty Carlson is going to report of the afternoon session.
Sincerely; William Thomas Jensen (Tom)