REPITITION ALL OVER AGAIN
by Marty Carlson
The morning session was done by Tom Jensen in he is currently having computer problems so my report will probably go up first as I did the afternoon session.
The afternoon session did not start until 2:00 p.m. court time which ended up being around 2:16 PM real-time. It appears that they are slowly moving to a four-hour workday.
When court finally did go back into session Robert Woody was back on the stand and was being questioned still by Percy Martinez and he was asking about when Woody got to the District Attorney’s Office for the interview it was around 11 AM and he was asked if his attorney showed up around 4 PM. Woody was not sure of the times but knew there was a time gap from the time he got there to when his attorney showed up but stated he did not talk to investigators in the meantime.
He also stated that he did not think that anything he said would ever be used against him, or against the Atwahls in the homicide case.
He stated he had no understanding if he was facing the death penalty or not, he also stated there was no plea bargains mentioned during the interview.
Woody stated that he listened to the audio on the video that was played last week sometime last weekend, and the DA objected as to being on the weekend, as apparently she still trying to coach her witness into the proper answers. Woody then stated that he listened to the audio on Thursday not on the weekend. Well done Mme. DA.
He stated that he never told his lawyer that he did not want to talk to investigators, and he was asked if there is any immunity offered or given in exchange for his statement, his response was I am here am I not? He also stated he had no discussions with Marlisa Ferreira about any deals.
Percy Martinez had in continually reading from transcripts in an effort to remind him of what was said in the interviews. And there were constant objections from the district attorney on that procedure as if reminding the witness of prior statements is a problem in proper courtroom procedures. Percy Morris keenest is stated that showing motive of his willingness to lie and the judge disagreed with the district attorney and did not preclude the defense attorneys from doing it.
Percy Martinez was asking Robert Woody if his intent was to help himself and try to stay out of trouble. Robert Woody’s reply was that he wanted to tell his side of the story.
Robert Woody also stated that he saw the out walls on the date of that interview in the District Attorney’s Office while he was with Jacobson and Domby. He stated he was shackled while he was sitting in a chair but he was not shackled down to the chair.
I noticed this point to Woody was getting a little bit of an attitude on the stand like he was starting to wear down under some of this cross-examination.
Woody stated that he had told investigators that he was a little slow sometimes, and also stated that the cops are appreciated around the store to stop possible robberies, and at one point he had use a pair of pliers to start a Chevy pickup. It was not clear to me if he was talking about the Atwahls pickup or not, but you did want to clarify he did not hotwire the vehicle just use a pair of pliers on the ignition.
Woody repeated what he had said before he told investigators that Frank Carson never wanted anyone threatened or heard and he also during that interview stated that he had denied making threats to Korey Kaufman.
Also during that interview he could not even remember the Korey Kaufman incident where he threatened him.
Again Woody started showing some strange behaviors on the stand in fact he started giggling and I believe he was looking at his sister Mary Branco, who was sitting in the audience. Beverly Woody had shown up and was out in the hallway playing Candy crush.
Again the district attorney objected when Percy Martinez asked Robert Woody to turn to page 57 in the transcript. The judge told Melissa Ferreira there is nothing improper about telling a witness to look at a certain page.
Woody told investigators he was a little bit fuzzy on any threats that may have been made to Korey Kaufman, and investigators kept asking him if he said your ass to Korey Kaufman and he denied it.
Instead of having Woody read all areas of the transcript Percy Martinez gave the judge a long list of pages and line numbers for her to review when she decided to give whatever credibility to this witness. It was an extensive list that he felt were important to review.
Also at that time Percy Martinez asked for stipulation of those statements by the DA, and Matt MDA stated that she cannot stipulate but did not clarify why. Those portions of the video can be used as prior inconsistent statements was a final ruling by the judge.
Woody was reading a transcript of Steve the juice Jacobson asking about going to Frank Carson’s property and Cory Kaufman getting beat down, and Robert Woody stated at that time it was a lie. He was asked about if he lied about some activity going on at the Cooley property and he seemed confused and somewhat perplexed by that question and could not recall.
He was asked if they had stood close the store early that night he said yes, and was asked if it was true that he went to Frank Carson’s property that night he said yes, he was asked if it was true that he saw altercation on the Carson property through the fence when he first approached. Initially he stated he had and then later said that he could not see through the fence, as their privacy slats in the fence. But he could see through the gate.
When they drove up he could see the gate was open, and that gate faces nine Street in Turlock. When he was asked if he could see through the gate at night he said he could not when they drove up. Yes, that’s what he said no it doesn’t make sense.
But he did say he saw an altercation after he had entered the gate.
He was asked about at the time of the Cooley threat if he knew that Cory Kaufman was missing, he stated he did not. Yes, that’s what he said it does not make sense.
He was asked if the investigators told him that his cell phone was at the Frank Carson property at the night in question and he stated that he believed so, and then he stated that they wanted more information that he could produce.
Woody was asked about the bathroom breaks that were taken, especially the first one after the interview had started. And he stated that he had not talk to anybody during the break, which included his attorney. But then turned around and said that he “might have” told the investigators that Bobby was checking out the Frank Carson property.
He was asked about agent Domby throwing different scenarios of what may have happened on March 30, 2012 and Woody stated he did not recall. Again more long arguments started about reading transcripts and long objections and multiple offers of proof.
He was asked about Dom be asking if Bobby told him he needs he met the store, and another statement that he said was that Bobby was waiting for him at the gym.
It was pretty obvious at this point that Woody was having a lot of memory problems of his statements to investigators, and which led to long arguments about Woody making prior inconsistent statements, and there was multiple objection by the DA in that area.
Woody denied at that time that Cory Kaufman being at the Frank Carson property, and he was also asked about Korey Kauffman possibly being buried at the Woody house which he adamantly denied. He also admitted that he stated that Cory Kaufman was not buried at pop and cork, and stated he would be telling a story if he had said that Cory Kaufman had gone from one place to another and he just was not going to do that.
He also stated at that time that he did not know the truck was used to move the body, but it was burned he thought to pay off some credit cards and get some cash out of it.
When he talked about the altercation with Cory Kaufman he initially stated that he had walked home from Frank Carson’s property, and did not know how the body ended up in the forest. He also stated he did not know the Atwals had killed Korey Kauffman.
I made a note about this time that Robert Woody was looking pretty aggravated on the stand and look like he was getting tired of this, and he has several more attorneys to go through.
The last statement that he had made on the stand today was he admitted he denied leaving the body in the forest unburied. That was the end of the day court was adjourned until 930 tomorrows and it was also noted by the judge that on Wednesday morning they have another motion hearing to be heard but did not specify which motion that was.
Tom’s report hopefully will be up soon.