FRANK CARSON et al 9-27-2016 (tom)

ROBERT WOODY GRILLED ONCE AGAIN BY PERCY MARTINEZ

FRANK CARSON CASE

09/27/2016

BY WILLIAM THOMAS JENSEN (TOM)

Today, Judge Zuniga was only 5 minutes late arriving at the courthouse, but court did not start until 9:50AM, twenty minutes after the intended start time. It would be nice if we could start on time just one time. She could build on that, and things might go faster in this never ending preliminary hearing.

I had an interesting conversation with a lady who appears to have changed her mind about the state of the prosecution’s case. This nice lady has sat every day in the courtroom watching what I have been watching for almost a year. When I first started talking to her, she was convinced that all the defendants were guilty as sin. Our conversation today showed me that she has come to the realization that no jury will ever convict anyone based on the testimony of Robert Woody. She now does not believe anything that comes from the mouth of Robert Woody. She believes someone killed Korey Kauffman, but does not believe the tale that the prosecution has been trying to spin. She sees how Woody has been manipulated by the investigators to say what they want him to say in order to get his plea deal. She has more trust in the judge to throw this whole thing out than I do. I certainly hope that she is right. To hold anyone over for trial based on the evidence presented would be a travesty of justice.

Robert Woody is called to the stand at 9:50AM, and defense attorney Percy Martinez continues his lengthy cross examination of the prosecution’s key witness. Percy is leaving no stone unturned in his efforts to show how Robert Woody has lied, and been manipulated by the investigators to tell the story they want him to say. I must say that Percy Martinez did a magnificent job today in what he was trying to do.

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Percy Martinez asks Woody about the interview that he did on 08/14/2015. He asks Woody if CHP Sargent Domby had asked him if he had tried to run from the alleged killing of Korey Kauffman on the Carson property. Woody: “I didn’t know.” Percy asks Woody if Korey Kauffman was standing during the alleged altercation. Woody could not recall. Percy Martinez has Woody read page 145, lines 10-13 of the transcripts of the interview. Percy: “You remember?” Woody: “Yea.” Woody said that Korey Kauffman was standing.

Percy Martinez then asks Woody if he said that Baljit Athwal had hands on Korey Kauffman. Woody: “Yea.” Percy then asks Woody if he told Domby he had left the Carson property alone from the fight. Woody: “Correct.” Woody told Percy that Korey Kauffman was being slapped around, and he then had left the Carson property.

Percy Martinez asks Woody if he had told the investigators that there was no metal stacked up on the Carson property to act as bait. Woody at first could not remember. He was allowed to read page 156, lines 15-22, and said that it was correct that he had told the investigators that no stacked up metal was used as bait to lure in Korey Kauffman. Percy once again asks Woody that he had told the investigators that he had only seen Korey Kauffman being slapped around before he left the Carson property alone. Woody: “Correct.” Percy then asks Woody if he had told the investigators that Baljit Athwal and Daljit Atwal did not use their knees while they were beating down Korey Kauffman. Woody: “Correct.” Woody said that he told the investigators that he left the Carson property while he saw the Athwal’s slapping Korey Kauffman around, and saw the Athwal brothers at Pop N Cork Liquors the next morning.

Percy Martinez asks Woody if CHP Sargent Domby had told him that: “The choices of what you say are going to be told to Marlisa Ferreira.” Woody: “Correct.” Percy asks Woody if the investigators had insisted that he tried to stop the fight at the Carson property. Woody: “No.” Percy has Woody read page 169, lines 9-28 from the transcripts of the interview. Percy asks Woody if DA Investigator Steve Jacobson had asked him if he had tried to help Korey Kauffman. Woody: “Yes.” Percy gets Woody to admit that his “Momma” had said that he had tried to help Korey Kauffman during the fight. Percy: “Did you try to stop the fight?” Woody: “yes.” Percy: “You were told by the investigators that your story should state that you pulled on the shirts of Baljit and Daljit to stop the fight?” Woody: “Correct.” Percy: “You were told by the investigators that the Athwals were going to blame you for killing Korey Kauffman and cutting him up with a chain saw?” Woody: “Correct.”

Percy Martinez asks Woody if his attorney Martin Baker had talked about how the Athwals were going to engage in street justice against him. This was objected to, and the objection was sustained. Percy asks Woody if he told the investigators that he believed that Korey Kauffman was bleeding. Woody: “Correct.” Percy asks Woody if he told the investigators that he had not seen any guns involved. Woody: “Correct.” Percy asks Woody if he had told the investigators that he was approximately 100 feet away when he heard a sound that sounded like a gun shot. Woody: “Correct.” Percy asks Woody if he went directly to Pop N Cork Liquors after leaving the Carson property. Woody: “Correct.” Percy asks Woody if he had told the investigators that Korey Kauffman’s body was not buried at Pop N Cork Liquors. Woody: “Correct.”

Percy Martinez then asks Woody if his attorney Martin Baker had told Woody to “Come clean, your family wants you home.” Woody: “Correct.” This man, in my opinion, would be inadequate to represent a pet rock. Percy asks Woody if he had told the investigators that he had buried Korey Kauffman’s body without cutting off the fingers and the toes. Woody: “Correct.” Percy asks Woody if he had told the investigators that all of the officers were legitimate. Woody: “Correct.” Percy asks Woody if he had told the investigators that he had thrown the fingers and toes of Korey Kauffman into the river. Woody: “Correct.” Woody said that Robin Attenhoffer was with him when the fingers and toes were dumped into the river. Percy asks Woody if his attorney Martin Baker had told him another story about how he had taken the fingers and toes to the mountains where they were dumped. This was objected to, and the objection was sustained. Once again, I think that Martin Baker should not be a lawyer for anyone who wants good representation.

Percy Martinez asks Woody if he told the investigators that he got rid of the fingers and toes after burning the truck. Woody: “Correct.” Percy asks Woody if he got rid of the fingers and toes the same day that the truck was burned, or the next day. Woody: “I think I said the same day.” Percy asks Woody why he waited until 08/14/2015 to say that he was involved with the killing of Korey Kauffman. Woody: “I was waiting for it to all blow away.” Percy asks Woody if he told the investigators that he had buried Korey Kauffman’s body at Pop N Cork Liquors. Woody: “I don’t know.” Woody is asked to step down from the stand, and is taken out of the courtroom. It is at this time that I notice defense attorney Jesse Garcia checking the area that Woody is taken into. I think Jesse was making sure that Steve Jacobson was not being allowed to speak with Woody while he was out of the courtroom.


Woody is brought back onto the stand. Percy Martinez asks Woody about a transportation that was done on 03/14/2014 where he was being driven from Tuolumne County to Modesto by Steve Jacobson and Detective Dale Lingerfeldt. Percy asks Woody if he had been asked by the investigators if he had a chance to speak with his lawyers about being able to speak with the investigators during the ride. I am not sure how Woody answered this question. Woody is taken out of the courtroom once again.

Defense attorney Martha Carlton-Magana speaks up, and tells how Steve Jacobson had told Woody that he would never see his family or children again.

Judge Zuniga states that she sees how the comments Steve Jacobson had made had put pressure on Robert Woody. Martha Carlton-Magana states that Woody had told the investigators that he did not know if Daljit Atwal or Baljit Athwal were involved in the killing of Korey Kauffman. We now take our 11:00AM break.

We resume cross examination on Robert Woody at 11:10AM. Percy asks Woody if he was told by the investigators that his story should state that he had pulled on the shirt of Daljit Atwal and Baljit Athwal to try to stop the fight. Woody: “I don’t recall.” Percy has Woody once again to read the transcript on this. It was page 171, lines 17-19. Woody says: “Correct.” How many times can these investigators cross the line? Who is the criminal here? Percy: “Did you stop in Oakdale while on the drive to Modesto?” Woody: “Yea.” Percy: “Why did you stop in Oakdale?” Woody: “To smoke.” Percy: “Did you tell the investigators that you were not involved.” Woody: “Yes.” Percy: “Did you tell the investigators that Frank Carson and the Athwals were not involved in the killing of Korey Kauffman?” Woody: “Correct.” Woody had told them that he did not know who was involved in the killing of Korey Kauffman. Percy: “Did your lawyer tell you to do nothing and to say nothing?” Woody: “Correct.” Percy: “Did Jake tell you that if you say anything that you will be snuffed out just like Korey Kauffman?” Woody: “Correct.”


Percy: “After the polygraph on 04/24/2014 till your statement on 08/14/2014 did you speak with any of the investigators about the case?” Woody: “Don’t recall.” Percy: “During this time period, did you tell the investigators that you were not involved?” Woody: “Correct.” Percy: “In your meetings with your lawyers, were you ever told that Frank Carson was going to be arrested?” There was an objection to this, and it was overruled. Woody: “Not to my knowledge.” Percy: “Since you began testimony, have you ever been taken to the DA’s office?” Woody: “No.” Percy: “Did you understand that your testimony was necessary for you to get your plea deal?” There were several objections to this, and Percy had to re-craft his question several times. Woody: “I told my lawyers in 2016 that I would testify without a plea deal.” Woody said that he told his lawyers this in July of 2016, after he had made his retraction of previous statements. Percy: “Why did you ask for the transcripts before you testified?” Woody: “Why not?” Percy: “Did you want to review your statements?” Woody: “No.” Percy: “Why did you ask for the transcripts?” Woody: “I like to know what is going on.” Percy: “Why?” Woody: “They are mine.” Percy: “You know you told many lies?” Woody: “Correct.” Woody: “I will know what to answer.” Percy Martinez: “No further questions.” Percy had finally gotten the answer he wanted from Robert Woody. Woody is allowed to step down from the stand. It is now almost time for our lunchtime break.

Defense attorney Hans Hjertonsson states that he wants to do his cross examination of Robert Woody tomorrow morning because of all the late discovery. He states that he is not ready to start cross examination today. Defense attorney Martha Carlton-Magana also states that the late discovery would make a delay necessary.

Defense attorney Robert Forkner states that he has reserved further cross examination on Woody because of the late discovery. He states that he can resume his cross examination at 1:30PM today. Judge Zuniga states that she will let Hans Hjertonsson have until tomorrow to prepare for his cross examination. She states that when an attorney states that he or she is not prepared to proceed, she is bound to allow their request. She states that these kinds of things can result in reversals. Judge Zuniga is going to allow Robert Forkner to resume his cross examination at 1:30PM. It appears from conversation that Robert Forkner is looking forward to his cross examination of Woody this afternoon. Marty Carlson will be reporting on the afternoon session.

Sincerely; William Thomas Jensen (Tom)

One thought on “FRANK CARSON et al 9-27-2016 (tom)

  1. DA’s office is circling their wagons now. It is over and there will be a line to get into court today. The truth is rising to the top and this is not good for the DA’s office. We are going to see an Orange County here for sure now. It goes all the way to the top- Fladager. I think about now someone in this DA mess is going to be the one that reaches for a plea deal to tell the truth about the DA’s office to save their own ass. The Bee will not save them now.

    Dauwg I think you will be happy now to hear SOM because it will be directed at the DA’s office.

    Marty, Warren, and Tom you have saved justice!

    What affect will this have on past convictions in this DA office? How much time will the key players in the DA’s office face in jail? This was punitive all along against Frank Carson and whomever else that had to put in jail. They knew all along the answer was on Cooley’s property so never even looked there.

    Is there anyway now that the real killers will face justice?

    Like

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