HOW MANY LIES WILL MAKE WOODY’S LIES THE TRUTH?
WOODY UTTERLY DESTROYED TODAY
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
I am going to be up late tonight putting my notes into words for you. I attended the entire day of testimony. So much is going on in the courtroom. Robert Woody was put back on the stand today, and was shown to have given inconsistent testimony, and was shown to have told countless lies. Court started at 9:52AM today. We are getting close to starting on time, but close only counts in horseshoes. We spent the first 20 minutes speaking about several motions, and then defense attorney Hans Hjertonsson took over on cross examination of Robert Woody. Hans was simply brilliant, and totally prepared. Now sit back, and I will once again try to paint for you a picture of what went on this entire day of testimony.
Judge Zuniga starts out today by speaking about a motion that has been filed by the prosecution. Judge Zuniga: “I have never seen such a motion.” Marlisa Ferreira speaks about doing something like a 1040. Defense attorney Robert Forkner states that Brady trumps the prosecution’s arguments. I believe I hear this thing concerns Detective Navarro. Defense attorney Timothy Rien states that: “This matter is an effort to protect the identity of an informant, and the information that was provided by the informant from discovery.” Rien states: “I really don’t think it is a motion.” Judge Zuniga states that: “Mr. Rien really has zeroed in on this matter, there is no legal basis.” Marlisa Ferreira then withdraws her motion. The prosecution, in this case, has shown a real aptitude for doing things with no legal basis. This time, it appears they did not get away with it. The whole matter seems to concern recordings that were done by the prosecution.
Judge Zuniga then speaks about a motion to dismiss due to Judicial Misconduct, which concerns due process that was filed by Frank Carson and Percy Martinez. I have heard that Frank Carson wrote this motion. Judge Zuniga states that she does not want to wait until the end of this preliminary hearing to rule on this motion. The judge instructs Marlisa Ferreira to respond to this motion by Monday, October 3rd. It appears that this motion will be taken up on October 17th. All the defense attorneys want all the paperwork on this issue by October 13th.
It is announced that court is starting at 1:30PM on next Tuesday. One of the lawyers has another case in the morning. None of the lawyers were thinking this thing would be dragging on into the 11th month. They all have other cases that have been postponed numerous times.
It is now around 10:20AM, and Robert Woody is put on the stand. Defense attorney Hans Hjertonsson begins his cross examination of the prosecution’s key witness. Hans starts out asking Woody about his drives from Tuolumne County. Hans asks Woody if he sits in the front or back seat while being transported. Woody says he rides: “Shotgun.” Hans asks Woody if the investigators have a problem with that. Woody: “I am shackled.” Hans asks Woody if he lived on East Ave, Turlock in 2012. Woody: “Correct.” Woody is asked about his former wife Tammy Watts. Woody says that they have 4 children together. Woody said his relationship with Daljit Atwal was good in 2012, but went sour when they began to believe he was stealing. Woody admitted that the Athwals provided money to Robert and his family.
Hans then asks Woody about the incident on Lander Ave when he and Baljit Athwal went to Michael Cooley’s house. Hans states that this was the same day that Woody’s case had been dismissed. Hans reminds Woody how he had said that he had gone to TJ Samra’s recycling business. Hans reminds Woody how he had said that TJ Samra called Michael Cooley, and that Cooley had said that he was going to come over, but Woody and Baljit Athwal drove over to Michael Cooley’s house. Hans reminds Woody how he had said that an individual had come out of the Cooley house, and had said: “What are you looking at?” Hans then reminds Woody how he had said that Baljit Athwal had told the individual: “I am no friend of yours.”
Hans then speaks about how Woody had told the investigators that Woody and Baljit Athwal drove around the block to 9th Street where the Carson property is located. Hans speaks about the incident that occurred at Korey Kauffman’s house. Hans asks Woody if DA Investigator Steve Jacobson and CHP Sargent Domby had asked him about this incident, and that Woody had told them he had no recollection of it at all. Woody: “Yea.” Hans asks Woody if DA Investigator Steve Jacobson had then asked Woody: “To do a deep search.” Woody: “I don’t remember.” Hans has Woody read the transcripts to try to refresh his memory. I am not sure how Woody responded to this. Hans reminds Woody that Jacobson and Domby told him over and over again: “You were there.” Hans reminds Woody how he had told them: “I don’t recall that.” Hans: “They told you a female had identified you?” Woody: “Correct.” Hans states that Jacobson and Domby had told him: “We already told you it was Daljit Atwal’s BMW.”
Hans: “On 08/14/2015 you had no recollection of the incident on S. Johnson?” Woody: “Correct.” Hans: “When did your mind get clearer?” There was an immediate objection by Marlisa. Woody steps down, and we have many arguments. During the arguments, defense attorney Martha Carlton Magana states that: “Woody was forced into admitting a non-existent event.” We now take our 11:00AM break.
It is now 11:19AM, and Hans Hjertonsson resumes his cross examination of Robert Woody. Hans: “At some point, you remembered?” Woody: “Correct.” Hans: “When.” Woody: “2015.” Hans: “What triggered your memory?” Woody: “A witness.” Hans: “Who?” Woody: “A woman who had seen me.” This woman turns out to be Kimberly Stout. Hans reminds Woody that he had told his family that he had taken Kimberly Stout at her word about Woody being at the incident. Hans asks Woody if he still does not recall the incident on S. Johnson. Woody: “Correct.”
Hans then asks Woody what he saw when the vehicle stopped on S. Johnson. This is strange to me because Woody had just said that he still has no independent recollection of this event. Woody said that he saw two people. Hans: “What did you say?” Woody: “Your ass is grass.” Hans: “That is what the investigators said?” Woody: “Yes.” Woody said that the two people out front were males. Woody said that they were working on a stump, trying to dig it out of the ground. Hans asks Woody if there were any vehicles parked in the driveway. Woody: “No.” Woody testified that the incident happened in the daylight. Woody said that he and Baljit were taking some milk that they had purchased from Costco to give to the Hindu Temple. Woody said that they would drop of Costco milk that was getting close to its expiration date to the temple. It appears that Pop N Cork sells Costco milk. Hans pushes Woody on the milk deliveries, and gets Woody to admit that they would always drop off milk to the temple in the evening. Woody testified that he and Baljit Athwal had dropped off milk more than 10 times to the Hindu Temple, and it was always after 5PM. Woody testified that he would always sit in the car, and never went inside of the Hindu Temple. There was an objection to this line of questioning, and the objection was sustained.
Hans then goes into 07/15/2012 when private investigators Jack Able, and Gary Armoyan had showed up at Pop N Cork Liquors. Hans speaks about how Robert Woody had said that he, Baljit Athwal, and the two investigators had gone to the liquor room at Pop N Cork where there was a closed circuit television in the room. Hans tells Woody how he has said that he could see two officers come into the front of Pop N Cork on the closed circuit television. Woody said that he was shocked, because the officers were getting ready to take some shots of alcohol. Woody said that he went to the front register, as the officers headed to the liquor room. Woody said that he watched the activity in the liquor room on a closed circuit television at the cash register. Woody said that Daljit Atwal had told him to go home, and that Baljit Athwal was in the back with the officers. Woody said that Daljit Atwal had told him that he would call Woody back in about 30 minutes. Woody said that Daljit Atwal gave him a call later on.
Hans then goes into 06/25/12 when an officer knocked on his door, and asked him questions concerning Korey Kauffman. Hans reminds Woody how he had said that Barringer had a conversation with him, and had shown him a flyer concerning Korey Kauffman.
Hans then goes into how Woody had received a cell phone call from Baljit Athwal earlier in the morning where Baljit had asked him to come over to Pop N Cork. Hans then reminds Woody he had said that Daljit Atwal had called him later in the day approximately 30 minutes after the officers stopped by for shots of alcohol. Hans reminds Woody that he had provided Detective Barringer his cell phone number. Woody could not remember providing Barringer with his cell phone number. Hans has Woody read the transcript concerning this. Woody is taken out of the courtroom. There is an offer of proof. Hans states that the two officers that came into Pop N Cork had recording devices. Hans states that the officer’s recordings clearly indicate that Baljit Athwal was at the front of the store. Hans states that there was no phone call 30 minutes after Woody left the store. Hans has Woody read the transcripts concerning this matter. Woody now remembers providing Detective Barringer the cell phone number 209-496-1712. Hans: “Did Baljit Athwal call you on that number?” Woody: “Correct.” Hans: “Did Daljit Atwal call you on that number?” Woody: “Correct.” It appears that the cell phone intercepts do not match what is going on here, but Marlisa Ferreira speaks about how the Athwals were sometimes using “Burner Phones.” Defense attorney Martha Carlton-Magana states that this mis-states the evidence, because testimony shows that burner phones were not being used at this time in the investigation. It is now time for our lunchtime break.
We resume court at 1:42PM. Hans asks Woody what he had for lunch. Woody jokes that he had pizza, but then says that he actually ate a sandwich that was provided by the jail. Hans talks to Woody about the day he was arrested on 02/28/2014 when he spoke to DA Investigator Kirk Bunch and Detective Jon Evers at the DA’s Office.
It is at this time I notice a man dressed in black on the prosecution side of the courtroom. It turns out that he is a private investigator by the name of Steve Duden. Marlisa Ferreira states that he is a potential witness in this case. She states that she might do Prop 115 testimony for him, or actually call him to the stand. Judge Zuniga states that since he might be a witness, he will have to leave the courtroom.
Now, back to the 02/28/2014 interview of Woody at the DA’s Office by Bunch and Evers. Hans asks Woody if he knew that he had an arrest warrant on him on 02/28/2014. Woody: “Yes.” Hans then speaks about 03/01/2014 when Woody sat down for around seven hours with the investigators. Hans tells Woody that the investigators had told him that they had a recording of him that was secretly done by Miranda Dykes where he admitted to killing Korey Kauffman. Woody admitted that they had told him that. Hans reminds Woody how he had indicated for hours that he had nothing to do with the murder, and had only bragged to her about it. I believe I heard that he did this because he wanted to “get laid.” Hans asks Woody if the investigators had told him that he could receive the Death Penalty or life in prison without the possibility of parole. Woody seems unsure on this, and Hans has him read the transcripts. Woody says: “Correct.” Hans speaks how Percy Martinez had asked Woody if he had burglarized a business or home in Hughson, and had pleaded guilty. There is an objection to this, and Woody is taken out of the courtroom. There were arguments, and the objection was sustained.
Woody is put back on the stand, and Hans speaks about 03/01/2014 where DA Investigator Steve Jacobson had told Woody that he didn’t actually hurt Korey Kauffman, and that he had tried to pull Baljit Athwal off of Korey Kauffman. This was objected to. Woody was once again taken out of the courtroom. Marlisa thought that this statement from Woody was not contained in this interview. Hans shows the court that this statement was contained in this interview, and that it was made by Jacobson. Marlisa Ferreira: “I stand corrected.” The objection was overruled. Robert Woody reads the transcript, and still does not remember Jacobson telling him that. Just another example of Woody’s selective memory. I am sure he is coached to say these answers to things he does not want to admit.
Hans asks Woody about the lengthy bathroom break that he had during this interview, and if he remembers it. Woody: “I guess so.” Hans states that Jacobson has told Woody that he was not going to talk about the case during the bathroom break. Hans states that Jacobson then stated that Woody made a statement. Hans: “During the break, Jake told you things to say.” Woody: “No.” Hans then reminds Woody that after this interview an investigator had talked to him and asked him about the bathroom break. Hans states that Woody told this investigator that: “Jacobson told me to tell them what they wanted to hear.” Woody: “I don’t remember that.” There goes that selective memory again. Hans asks Woody if he had told his Mom and Dad on recorded visits that: “The law made me say what they wanted.” Woody: “I might have.” Hans has Woody read the transcripts concerning this matter. Woody: “I still do not remember saying this.” Hans: “Didn’t you say that they want me to smut it up and lie and fucking lie and shit, I don’t know who did it?” Woody: “Correct.” Finally, he remembers something. Hans asks Woody about another recorded phone call where Woody told his dad that: “They want me to say I was there, and that I tried to help that kid.” “They want me to tell all those fucking lies.” Hans has Woody read the transcript of this recorded call. Woody: “I don’t recall that.”
Hans: “After the bathroom break you said you were at the Carson property when Korey Kauffman was killed?” Woody: “yea.” Hans: “You saw a scuffle for a few moments, tried to pull them off Korey Kauffman, then turned around and went home?” Woody: “Correct.” Woody speaks about how Korey Kauffman was wearing a shirt with a hoodie and “boot shoes.” Hans: “On 03/01/2014 you told Kirk Bunch that you could not recall what Korey Kauffman was wearing that night.” Hans: “When did you remember what he was wearing?” Woody: “I just remembered that.” Woody stated that he remembered what Korey Kauffman was wearing after his 08/14/2015 interview. Hans reminds Woody that Steve Jacobson had asked him about Korey Kauffman’s boots on 08/15/2015. Hans: “Did Jacobson ask you about the color of the boots?” Woody: “I don’t recall.” Hans asks Woody if there was a screw holding together one of the shoes. Woody: “I don’t recall.” Hans: “You said Korey Kauffman’s shirt had a logo?” Woody: “Correct.” Hans: “When did you recall that?” Woody: “Just came to mind.” Hans: “When did you get to Pop N Cork that day?” Woody: “Don’t remember.” Hans: “Who was at Pop N Cork?” Woody: “Daljit and Baljit.” Hans: “What was Daljit doing at Pop N Cork?” Woody: “Working the cash register.” Hans: “You and Daljit left?” Woody: “Correct.” Woody testified that he and Daljit Atwal left Pop N Cork twice that day. The first time was around 12:30AM to 1:30AM. He was not exactly sure what time they had first left the store. I am not quite sure when they left the store the second time. I think it was when the truck was burned.
Hans asks Woody about the bar area in the back of Pop N Cork, and if there were any people there. Woody says that there were two ladies in the bar area of Pop N Cork. Hans: “Who?” Woody: “Friends and family of Walter Wells.” Woody states that on 08/14/2015 that CHO Sargent Domby had said that the ladies were from Walter Wells family, and that had helped him remember that they were there. He seems to be getting all the “facts” of the case from the investigators. Hans: “Daljit told you that Baljit had called him?” Woody: “Correct.” Hans: “Where were you?” Woody: “Stocking the shelves.” Hans: “You went over with Daljit in his vehicle?” Woody: “Correct.” Hans: “you didn’t know where you were going?” Woody: “Correct.” Hans: “You saw a scuffle going on, the body was moved, that evening you never saw a gun?” Woody: “A direct gun no.” Hans: “you saw what you thought was a bullet hole?” Woody: “there was one.” Hans: “you heard a sound that could have been a gun shot?” Woody: “Correct.” Woody: “I turned around and saw something in Daljit’s left hand that he put into his pocket.” Hans: “On every single statement you made before speaking to Marlisa Ferreira you stated that you did not see a gun?” Woody: “Correct.”
Hans: “You told Domby you had lied about being to the Carson property?” Woody: “Correct.” Hans: “After the bathroom break they asked you and you said you had been to the Carson property?” Woody: “Correct.” Hans: “You came back with Daljit to Pop N Cork?” Woody: “Correct.” Woody testified that Baljit arrived at Pop N Cork about 8 minutes later with the body in the back of his truck. Woody testified that Daljit Atwal removed the cables that were locking the front doors to Pop N Cork, and went inside. Robert Woody testified that he was standing at the gate to the side yard.
Hans tells Woody that on 08/15/2015 he was taken to Pop N Cork with the investigators. Hans tells Woody that what he saw was a gate right in front of him, and that right next to that gate is a gate that consists of two doors that open inwards. Hans asks Woody if sometime before 08/15/2015 something was modified. Woody: “Yes.” Hans asks Woody if there was only one door. Woody: “There was always two doors.”
Hans: “Why did you not tell that Robin Attenhoffer went with you to the mountains?” Woody: “My love for her.” Hans: “After 08/14/2015 you said that she went with you to the mountains, drove out 140, and threw the fingers and toes into the river.” Hans: “Were you telling a lie?” Woody: “Correct.” Hans says that the pedestrian gate on the side yard was built after Woody was arrested, and that there was no pedestrian gate in March of 2012.
Woody testifies that Baljit Athwal backed the truck into the side yard at Pop N Cork, and that he dug the hole. He said that Robin Attenhoffer was not there. Woody said that Baljit Athwal did not help him dig the hole. Hans: “You told Helton and Baker that you and Baljit were both digging the hole?” Woody: “Correct.” Hans: “Was that truthful?” Woody: “No.” Hans: “Why did you lie on 03/01/2014 that you were not on the Carson property?” Woody: “I was told to keep my mouth shut.”
Hans: “On 04/27/2016 you said that you and Baljit dug the grave to Investigator Helton and Martin Baker.” Hans: “Why did you lie?” Woody: “No purpose.” Hans: “Why did you lie about being there?” Woody: “I don’t know.” Hans: “No explaination?” Woody: “No.” We now take the 3:00PM break a little bit late.
It is now 3:36PM, and Hans Hjertonsson resumes his cross examination of Robert Woody. Hans: “Why did you lie about throwing the fingers and the toes into the river?” Woody: “No particular reason.” Woody states that the truck was inside the side yard when he was digging the hole. Hans: “Did you hit any pipes when you were digging the hole?” Woody: “Don’t recall.” I would bet my bottom dollar there are some pipes right where Woody said the body was buried. Hans: “Did you hear any clanking sounds like you hit a pipe?” Woody: “No.” Hans: “You said it took approximately 10 minutes to dig the hole?” Woody: “Correct.” Hans: “you and Baljit moved the body into the hole?” Woody: “Correct.” Woody said that he put a tarp on the ground that was approximately 10 ft by 10 ft. Hans: “Did you put the tarp in the hole?” Woody: “Correct.” Hans: “you moved the body into the hole?” Woody: “correct.” Woody said that he then dismembered the fingers and the toes. He stated that he started with the left hand index finger, but has no clear recollection of the events. Hans: “Was this traumatic?” Woody: “Correct.” Hans brings out that Woody had previously stated that he started with cutting off the pinky finger. Hans: “Is it difficult to keep up with all the lies?” This was objected to, and the objection was sustained.
Hans: “What was Daljit wearing that night?” Woody: “blue pants and a t shirt.” Woody was not sure if anyone had changed their clothes after putting Korey Kauffman into the ground. Woody stated that he wiped his hands with some rags, and then washed them using a faucet on the side yard. Hans tells Woody that he had told Martin Baker and Investigator Helton that he did not wash his hands after putting Korey Kauffman into the ground. Hans: “What was the purpose of that lie?” Woody: “No reason.” Hans: “What did you do with your clothing?” Woody: “I threw them in the trash.”
Hans tells Woody that on 08/14/2015 he had told Steve Jacobson and Sargent Domby that Korey Kauffman’s body was moved to the mountains the same night as the murder. Woody states that he does not remember telling them that. Hans then tells Woody that Domby and Baker told him: “No No No, the cell phone data does not support that.” Woody states that he does not remember them telling him that. Hans states that Woody had said that he had made two fires, and that Steve Jacobson had looked at him, and that on 08/15 he had said that he had not made a fire. Hans: “What was the purpose of that lie?” Woody: “I don’t know.” Hans brings up 10/06/2015 when Woody asks Jacobson if he was not pleased with the story he was telling. Woody: “I might have said that.” Hans has Woody read the transcript of that, and Woody says: “That’s what it says on there.”
Hans brings up that Woody had said that the body was moved from Pop N Cork because some cops had been to the store asking questions. Hans states that Woody had said that the cops had come by approximately one week before the body was moved. Hans: “How many cops?” Woody: “A couple.” Woody said they were male cops. Woody said they came by two times asking questions about Korey Kauffman. Woody said that he was the only one that dug up the body of Korey Kauffman. Hans: “Smell?” Woody: “yes.” Hans: “Cover your face with a wet rag?” Woody: “Yes.” Hans: “Was Robin there?” Woody: “She showed up after the body was loaded up.” Hans: “Baljit did not help to dig up the body?” Woody: “Correct.” Woody said that Baljit was standing right there next to him. Hans: “What happened to the soil?” Woody: “Not much was taken, around five gallons of soil.” Hans: “How was this soil moved?” Woody: “shovel.” Hans: “Who moved the soil?” Woody: “Me.” Hans: “You told Jake and Domby that Robin filled the hole.” Woody speaks about filling the hole partially, and then finishing filling the hole after getting back from burning the truck. Hans: “Have you ever told that to anyone before?” Woody: “Don’t recall.”
Hans: “On 08/14/2015 you were asked by the investigators where the truck was parked in the mountains when you dumped the body.” Hans: “you told them the truck was parked on the asphalt.” Woody: “Correct.” This is odd, because it was strictly a dirt road by the time the body of Korey Kauffman got to the spot where it was put into the woods. Hans brings up that Woody was taken to the grave site on 08/14/2015 when he could see the surroundings. Woody said that was correct.
Hans states that Woody said that they took approximately five gallons of soil to the mountains with the body of Korey Kauffman. Hans: “Where did that soil end up?” Woody: “Some came off the truck.” Hans: “On 08/14/2015 you told Steve Jacobson and Domby that you were tossing soil off the truck.” Hans: “Why did you lie?” Woody: “No comment.” Hans: “When you came back to the store, the store was open.” Hans: “Did you go in?” Woody: “No.” Woody said that he got some gas cans, and drove to the country and burned the truck. Woody said that he saw Daljit Atwal get into his vehicle and follow him to the country to burn the truck. Hans: “Where did you get the gas?” Woody: “On the side yard, we had it for the mower and the weeder.” Woody said that he got one three gallon plastic gas can, and another one gallon plastic gas can from the side yard. He said the gas cans were red. Hans tells Woody that on 03/01/2014, after his arrest, he had told Kirk Bunch that he had only used a single one gallon gas can. Woody states that he does not remember telling Kirk Bunch that he only used one gas can containing one gallon of gas. Hans has Woody read the transcripts concerning this. Woody could not remember telling Bunch this.
Hans asks Woody if he had said that after he had burned the truck he had burned the rags, and the saw.” Woody: “Yes.” Hans: “What about the socks?” Woody: “I did not burn them.” Hans asks Woody that on 08/15/2015 he had told Steve Jacobson that he had burned the socks. Woody says that he does not recall saying that. Hans has Woody read the transcripts. Hans: “Does that refresh your memory?” Woody: “Yes, correct.” Hans: “Purpose of that lie?” Woody: “No explaination.”
Hans: “After cutting the fingers and toes off did you put the socks back on?” Woody: “No.” Woody said he put the socks next to the body in the tarp, and moved the body and the socks up to the mountains. Woody said that he rolled the body out of the tarp in the mountains, and put the socks back into the tarp. He said he threw the bloody tarp and socks into the trash. Woody said that the rags, socks, and the saw were put back into the tarp after dumping the body, and were taken back to Pop N Cork. After he burned the truck, he had a fire on the side lot of Pop N Cork and burned the rags, the saw, and the socks. Woody said that he put what was left over from burning the items into the bloody tarp and put them in a black trash bag, and put them into the trash. Hans: “When did you tell that to anyone?” Woody: “I don’t recall.” Woody said that he stomped out the fire with his shoe. Hans: “Tell anyone?” Woody: “I don’t think so.” Hans: “Did you take a shovel to the mountains?” Woody: “No.” Woody testified earlier today that he used a shovel to get rid of the five gallons of dirt that was taken with the body to the mountains. It is now almost midnight, and I have been writing this article since I got home. Time to eat, and to go to bed. I am exhausted.
Sincerely; William Thomas Jensen (Tom)