MARTHA HAMMERS WOODY ON INCONSISTENT STATEMENTS
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
Today was the one-year anniversary of this never ending preliminary hearing. The session this morning started out late like usual. It was slightly less than 30 minutes late. It seemed to be a combination of the defense lawyers being late, and the judge being late. Everyone, including myself, is completely burned out.
I was in the overflow room waiting for the courtroom to be opened up, and things got going for a couple of minutes before I realized that the people had been let in. I was told that an issue was brought up that seems to be quite interesting. A motion to dismiss by defense attorney Percy Martinez was brought up concerning misconduct by the prosecution and the Stanislaus County Sheriff’s Department. It all centers on the Ramey Warrant, which was never filed with the court as required by law. The original Ramey Warrant that was rejected by Judge Abdulla of San Joaquin County can’t even be found. County Council Taro was served a subpoena to appear, and has told the court that the subpoena was served on him in a late manner. County Council Taro apparently is busy on Monday, and has told the court that he will not attend. This apparently has angered Judge Zuniga, and she made a comment in the courtroom that Taro is S.O.L. I think that this situation could develop into a very interesting issue.
As I entered the courtroom, defense attorney Martha Carlton-Magana had Robert Woody on the stand, and was asking him questions about his famous 42-minute bathroom break he had during an interview at the Stanislaus County DA’s office. Martha: “During the break, did you tell Fanner that DA Investigator Steve Jacobson had told you to tell us what we want to hear and we will let you go home?” Woody: “I don’t remember saying that.” Martha has Woody read from the transcripts, and Woody says: “Steve’s name is not in that.” Martha then asks Woody if he told Fanner that DA Investigator Kirk Bunch had told him that. Woody: “I might have.” Martha: “Where were you on the break?” Woody: In the bathroom, and the hallway. Woody said that he talked to his girlfriend Candy, and gave her his black hoody that he was wearing when he was arrested. Martha: “Who was with you in the bathroom?” Woody: “One of the investigators.” Martha: “Was it Dale Lingerfeldt?” Woody: “Don’t remember.” Martha: “When did you talk to Kirk Bunch before you went back into the interview room?” Woody: “When I was in the bathroom.” Woody was, in his words, “Taking a deuce” when he was in the bathroom. I hope Bunch got a nose full of some stinky gas.
Martha: “When you changed your story, you said that Baljit Athwal had parked his car down the street from the Carson property.” Martha: “Do you remember what you said?” Woody: “No.” Woody was allowed to read the transcripts. Martha: “Did you tell them that it was a Toyota car?” Woody: “Yes.” Martha: “You also told them that you saw Baljit Athwal in a fight with someone you did not know, and you did not know the person until after the investigators raided your house?” Woody: “Yes.” Martha: “You told them that you went in, turned around and left, and heard hollering?” Woody: “Yes.” Martha: “How long were you on the property?” Woody: “Don’t know.” Martha: “You said you went in and saw Daljit with a stranger, and that you did not hear a shot and did not remember what the stranger was wearing?” Woody did not remember. Woody was shown the transcripts. I can’t figure out from my notes how Woody answered this question.
Martha then goes to the 03/01/2014 interview where Kirk Bunch asks Woody what Korey Kauffman was wearing. Woody had told Bunch that he did not know what Korey Kauffman was wearing. Woody: “Yes, I said that in the interview.” Martha: “You said that Baljit Athwal had been checking on the Carson property for a couple of days, was that after you went to Frank Carson’s Law Office and Frank had told you he was concerned about thefts on his property?” Marlisa Ferreira seemed to be making gestures to Woody at this point, and Martha picks up on it and objects to her “Telegraphing.” The judge did not pick up on it, because she is Always fixated on her computer screen. Woody says that it was both before and after he had visited Frank Carson’s Law Office.
Martha then goes into a never ending series of questions that show inconsistent prior statements from Robert Woody in his numerous interviews. She shows Woody how he had told Detective Jon Evers that he did not know anything about a “Lure” being placed on the Carson property to entice someone to try to steal
Martha goes into the 04/27/2016 interview Woody had with his attorney Martin Baker. Baker: “You ever heard them talk about Uncle Frank before?” Woody: “No.” Baker: “Hear them talk about a problem with thieves?” Woody: “Not so much.” Baker: “Did you hear that they set up cameras?” Woody: “Yes.” Baker: “Did you know a trap had been set?” Woody: “I was told by Daljit that cameras had been set up.”
Martha then goes into the 07/22/2016 interview that Woody had with Marlisa Ferreira. Martha: “You lied about Carson and Wells?” Woody: “Yes.” Martha: “To protect your mother’s testimony?” Woody: “Correct.” Martha: “Marlisa Ferreira and Steve Jacobson asked you about a “Lure”? Woody: “Not to my knowledge.”
Martha: “You told Jacobson that Daljit closed the store early, and that Daljit had put up cables to lock the door, but on 07/22/2016 you told Ferreira and Jacobson that on that night Daljit only shut the metal gate, and locked the store door like it was shut down doing a money count.
Martha: “In the 03/01/2015 interview, you said you saw a struggle where Baljit Athwal hit him 3 times with a closed fist, and that Korey Kauffman was still standing up and was coherent. You told Bunch, Lingerfeldt, and Evers that on a scale of 1 to 10, it was a 5. Woody could not remember saying this. Martha has Woody look at the transcripts. This was objected to, and the objection was overruled. In the transcripts, Woody told Evers that Baljit hit Korey Kauffman only a couple of times with a closed hand. Woody told Evers that Baljit hit Kauffman from the chest up, and that Kauffman was standing up, and that he never saw Kauffman hit the ground.
Martha goes into the 08/14/2015 interview where Woody told Officer Domby that: “They were slapping Korey Kauffman like a bitch you know.” Domby: “What was the last thing you saw before you walked away?” Woody: “They were “cuffing” him around.” Domby: “Any knees?” Woody: “Hands” Jacobson: “Did they wrestle him down?” Woody: “No.” Lingerfeldt: “How did you know he was still conscious?” Woody: “They were both hollering.” Evers: “Who was hollering?” Woody: “Bobby and Korey.” Domby: “Did anybody say stop?” Woody: “No.” Woody: “Maybe some groaning, huffing, puffing.”
Martha then goes into the 08/14/2015 interview some more. Martha: “Did you tell Jacobson that you buried Korey Kauffman’s body in the back?” Woody: “No, I might have, don’t remember.” Judge Zuniga has Woody read the transcripts. Woody: “That is what I said.” Martha asks Woody if Officer Domby had told him that they could have not taken Korey Kauffman’s body to the mountains that night because the phone data did not support that. Woody: “That is what I said.” Domby was so good at telling Woody what actually happened that night. Martha: “Based on what Domby said, you changed your testimony?” Woody: “No.” Maybe a little bird told him to change his testimony.
Martha then goes into the interview of Woody that was done by his attorney Martin Baker on 04/27/2016. Baker asks Woody if Baljit Athwal was digging as well. Woody: “He dig too.” So educated this man is. Woody told Baker that they were taking turns digging the hole at Pop N Cork. Woody told Baker that they had two shovels. One was a flat point, and one was a round point shovel. Woody told Baker that he used the flat point shovel. Baker asks Woody if he was wearing any gloves. Woody: “No.” Baker: “Wash your hands?” Woody: “No.”
Martha tells Woody that he told investigators on his 03/01/2014 interview that he did not know the clothes that Korey Kauffman was wearing. Martha tells Woody that on 08/14/2015 the investigators had shown him the coroner’s report, and that he had told Detective Jon Evers that was where he learned the caliber of the bullet that Korey Kauffman was allegedly killed with. Woody said that he did not recall telling Evers that.
Martha asks Woody if Fenner (This is a new name to me) showed him pictures of the clothing that Korey Kauffman was wearing. This was objected to, and Woody was taken off the stand. The objection was for it being outside the scope of direct examination. Martha says she wants it to impeach the credibility of what Woody said on direct examination. Judge Zuniga overrules the objection, and has Woody put back on the stand. Woody is allowed to read the transcripts. Jacobson: “What did you do with the boots and socks?” Woody: “They were right there with him.” Jake: “Did you throw the boots and socks away?” Woody: “I just put them back on Korey Kauffman.” Woody: “I put the boots back on Kauffman, it’s got to drain the fluid back into them you know.” Martha brings up where Officer Domby asks Woody: “Some witnesses say Korey Kauffman was wearing a hoody, do you remember?” Woody: “I don’t know; I don’t see it.” Domby: “Any other clothes?” Woody: “No, Maybe.” Jacobson asks Woody if he put anything else in the dumpster that was not burned. Woody: “No.” Jacobson: “What happened to the socks?” Woody: “Burned.” Jacobson: “Was there a screw holding the sole of a shoe on?” Woody: “No.”
Martha then asks Woody about an interview done on 07/22/2016 where Marlisa Ferreira asks Woody if he recalled the clothing that Korey Kauffman was wearing. Woody to Ferreira: “A sweater.”
Martha then goes into the 03/01/2014 interview of Robert Woody where Detective Jon Evers asks Woody how Korey Kauffman’s body got to where it had been found. Woody: “I don’t know.” Woody states that he had heard it on the streets that Korey Kauffman’s body had been taken somewhere up in the mountains. In this interview, Evers asks Woody if he knew that they had found the body of Korey Kauffman, and Woody had denied knowing that the body had been found.
Martha goes into the 08/14/2015 interview of Woody where Officer Domby told Woody that they had moved the body of Korey Kauffman to the mountains in a truck. Woody to Domby: “Seriously, I don’t know what you mean.” Martha then goes into how Woody said in an interview how they parked the truck on the asphalt when they dumped the body off in the mountains. This is curious because it was a dirt road by the time they got to the place where Korey Kauffman’s body was dumped in the woods. In this interview, Woody is asked where he threw the dirt off of the truck. Woody: “Down the fucking road.” Domby: “Were you in the back doing that?” Woody: “Yea.”
It is now about 4:15 PM, and we are done with testimony today. After a bunch of discussion, it is determined that we will continue with the cross examination of Robert Woody on Monday. Martha says she will be done by sometime Wednesday with Woody on her cross examination. I expect it to last the entire week. We are going to try to take up several motions on Thursday. The big one to me concerns a motion to dismiss based on misconduct by the prosecution and the Sheriff’s Department. It all centers on the fact that the Ramey Warrant that started this whole fiasco was never filed with the court as required by law, and that the original Ramey Warrant that was rejected by Judge Abdulla of San Joaquin County has somehow magically disappeared. Upcoming witnesses that will be called by the defense include Officer Perry, Kirk Bunch, Corey Brown, DOJ Officer Cavanaugh, Detective Berringer, Detective Dale Lingerfeldt, Ms. O’Brien, Chris Cook, and Brad Nix. Defense attorney Jesse Garcia stated that he is ready to rest his case. That is all. Time for a beer.
Sincerely; William Thomas Jensen (Tom)