Court day 108
Custody day 409
Persuasion from a higher calling
by Marty Carlson
The afternoon session started it 1339 hours in this Woody’s was starting to get up on the stand is attorney Bruce Perry stated he wanted to have a conversation with him and delete proceeding for about five minutes.
Percy Martinez asked the court if you get asked if the couple more questions of Robert Woody, and he asked him if he watched the video of that interview from August 2015 at the jail. He stated he had and Steve “the juice” Jacobson was there with him. This was done last week at the Tuolumne County jail. He also stated he did not recall if he had read the transcripts of that video.
Must be noted to that for some reason Stanislaus County is trying to hide the location of Robert Woody, as he shows in custody in the Stanislaus County main jail. But Matt MDA has made several references to him being picked up by investigator Lingerfelt who appears to live in that area and picks him up on his way down. In addition, Beverly Woody stated yesterday while she was at the court that she had a visit with her son at the Tuolumne County jail last weekend. Apparently her efforts to suborning perjury up to this point have not been enough to keep her from being allowed to visit her son while she still under subpoena in this case. One last note Percy Martinez asked if he viewed that video at the 20 County jail he confirmed that he did. Just a side note and I don’t know why they continually try to have cloak and dagger stuff going on when it’s obvious where he’s at.
At that point Robert Forkner then began cross examination of Robert Woody was talking about when the investigators talk to him he stated he had lied to them and he had lied to his lawyers to. He told them he had made a number of false statements to all involved.
Woody was shown a report that apparently was written by his attorney Bruce Perry, dated
4-2-2014. It stated that he did not know the pop and cork brothers were involved, and also stated to the lawyer that is not what the investigators wanted him to say. He stated he was never involved in the beating and he was only trying to impress Maranda Dykes with his story that she recorded on the body wire because he was trying to get laid. Also what he said on the wire was mostly all street talk that he had heard.
He stated he really liked Maranda Dykes and he was trying to sound important. He had made up all the information about the pigs and he only knew Korey Kaufman vaguely from the streets.
He stated B and D were good guys and would never do anything illegal. He was asked if he stated they were good influences on him and he could not recall.
He stated the brothers had been talking about fixing his teeth for some time not just after March 30 of 2012.
He also stated that when he turned himself in he was high on math and had been drinking. He had been up for a few days and he did not recall if he said he’d ever been on the Carson property before.
There was a long objection by the district attorney about Robert Forkner asking the witness to look at transcripts that he was constantly having trouble remembering what he said. The judge finally stated that it can be done for limited purposes only. Also there was some discussion by the judge about a misstatement of evidence objection when the judge did not hear the testimony when he said he had been drinking before a turned himself in. The judge had a review of the transcript real-time and had corrected herself. I wonder what else she misses not listening.
He was asked about an interview he had done with a private investigator that was hired by his attorney and he had stated the Atwahl brothers and Frank Carson were all good guys. Again is been discussed and that interview and he stated that he could not recall ever being on Carson’s property.
The investigator it inquired about the bathroom break and he had told the investigator that no one had threatened him during the break but did say that investigator “Jake” kept telling him to say what they wanted him to say.
He also stated there was a big guy with big cheek in the interview who was being an ass in that was determined to be Detective Evers.
There were discussing an interview that was done in March 2014, shortly after he had turned himself in, and Jake had told him that the Atwahl brothers and Frank Carson were rolling over on him. But he stated he did not recall that being said. He also stated he did not recall the saying that someone had used, the first one to the plate goes home.
On March 14, 2014 he was picked up at the Tuolumne County jail by Steve Jacobson and Dale Lingerfelt to be transported to court in Modesto. He stated he did not recall being told that the brothers will kill you and put you down just like they did Korey Kaufman. In fact, Jacobson told him they will snuff you out like they did Korey Kaufman, again he did not recall that being said. He also stated he did not recall saying that he wanted to tell the story is so that would set him free.
Robert Forkner at that time wanted to play the transportation audio and the district attorney objected saying is improper to play the tape that there is no foundation and not proper procedure as if she would actually know that.
Robert Forkner stated it shows threats and statements by the investigators the judge said normally it is improper but can be for non-hearsay purposes with a proper foundation. When Woody was asked if he wanted to review the audio to see if it helped his memory he said “we could try.”
Again that led to another long argument on the relevance of the audio the DA says not relevant and the defense attorneys are arguing that its prior inconsistent statements.
The judge says it’s not proper to play the audio and to also read the transcript at the same time. And also saying that the whole video may be inconsistent and improper also. The transportation audio is all the defense wants to play as for what was said.
Mme. district attorney is reading case law about helping a witness to remember statements, which usually doesn’t work out well for her because the judge usually knows these things already. The judge advised her that she is reading the proper statute but is not understanding its meaning or how it applies in this particular case. The DA continued to argue with the judge and I believe she quoted 1235 of the evidence code in the judge again is trying to explain to the DA she is not reading the statute correctly. It finally became obvious that the judge is losing patience with Matt MDA and through her teeth one final time she is incorrect.
At that point we took the afternoon break which she said is a strict 15 minutes and it lasted over 20.
We returned from break to listen to the audio of the transportation of Woody to court. The judge was concerned that Woody cannot keep up with reading the transcript and listening to the audio so they told him to just listen to the audio and it is a started. Initially the audio is very difficult to hear the judge stopped it and expressed concern and she was advised that in a minute or so it would get better be easier to understand.
It started out with someone who I believe to be Steve Jacobson telling him to do the right thing for his family’s sake. He told Woody that the brothers wanted to keep him locked up, they are worried about what he might say. Jacobson was saying to him they are not your friends and they will want to kill him if he’s not careful.
Woody made a comment that he was being punished for something that he did not do, and he also stated that they think he is a Fucking liar.
Jacobson continued telling him the brothers want him staying right where he is at and there are four people that are prime suspects in this case but he is the only one in custody. They also stated that people are going to his house that are being sent by the brothers, and they are picking him up and transporting him to court personally to keep him alive.
Steve Jacobson started giving a long speech about attorney-client privilege and his ability to talk to his lawyer when he gets to the courthouse. He also stated God will put it in his heart to tell the truth and not go down alone on this case. Jacobson was telling him that he is giving Woody his word to help him to finally bring the truth out.
He was telling him how competent his lawyer is and he was obviously trying to gain Woody’s trust. He also talked about Woody’s fear of worms and fishing and his inability to gut a fish get he doesn’t like to hurt things. He was also telling Robert Woody he has to be honest for the best interest of his family.
Jacobson also mentioned to him about Cory Kaufman family will be in court and he needs to think about them and their need for closure. They told him he needs to make things right to be able to get the right things that he wants. There were telling Woody the brothers think he is expendable and as long as he keeps his mouth shut they will keep him around and control him but as soon as he talks they will lose control.
Sometime during this series of speeches by Jacobson you can hear some snoring in the background apparently investigator Lingerfelt got bored with the conversation and went to sleep.
Jacobson was telling him they see him as a value as a human being so he has no worries about them.
Jacobson started talking about Woody’s dad who he feels reads the Bible and he keeps himself in the word of God, and he believes that his dad has a strong relationship and belief in God. Jacobson also stated that he knows Woody’s mom keep the Bible on her nightstand and stays within the word and is strong with the Lord.
Apparently it’s the court system she has a problem with.
He goes on to say that he was raised with God and that means he has honor. He says that they must trust everything with his family ties and about them being good people and telling the whole story and complete truth. And he must be honest in front of “Almighty God.”
Jacobson kept talking a lot about Woody’s family mostly his mom and dad and it is obvious to me he was trying to play on his emotions.
Jacobson tells him he needs to talk to his lawyer, his family, then investigators if need be. Jacobson also stated that he likes talking to Woody’s dad as he’s a good man and enjoys their conversations. But he did say not to tell his parents where he is locked up for his safety concerns.
At that point in the recording the arrived at the courthouse and they were looking for some masking or duct tape to cover up the markings on his gel close that show that he’s at Tuolumne County.
At that point Robert Forkner asked Woody if that audio recording that helped his memory and he stated it did help some.
He stated that he remembers that Carson and the brothers had nothing to do with it is what he said at the time. He was also asked if he remembers the brothers was going to kill him. He says he wasn’t sure. But he was concerned about being murdered for something that he didn’t do.
He stated he does not remember most of what the investigators wanted to know and he just repeated eventually wasn’t they wanted him to say. But after listening to the tape he still having trouble remembering statements and about making lies in such.
That was the end of the day for the afternoon session and tomorrow there is a motion scheduled for 9:30 AM, and at 10 AM the prelim will continue but don’t count on it.