No wonder this is going on forever
by Marty Carlson
The afternoon session started at 1342 hrs. When Robert Woody took the stand again to watch the third polygraph test administered him in April 2014.
Agent Jefferson was asking the questions on the polygraph concerning what he knows. The polygraph was completed and it appeared at that point that he was now acting as an investigator not a tester. He began asking questions about the movement of the body, and any if he knew anything else. In addition, he asked him about any prior statements he may have made.
At that point somebody came in and took Woody out of the room asking him if he needed a bathroom break. Now I can hear some conversation it sounds like possibly up to three people outside of the door and talking about the polygraph testing. Then two people off-camera in the room discussing the results and one of them was saying he showed deception but the other is saying maybe not. Apparently each test showed different results.
There were talking about if chart number one was deceptive with regard to knowing who, for sure, had done it. He talked to the other gentlemen, I believe it was Brody, about not being deceptive in the other tests. He stated this is based on a truthful chart. At that point the video was stopped there were no more observations to be made.
Martha Magana then returned to a jail call that Robert Woody made on May 2, 2014 after the polygraph.
She asked him if he had stayed in the Stanislaus County jail after the polygraph or if he was taken back to Tuolumne County, he stated he did not recall.
They attempted to start an audio recording but the district attorney was having trouble with her computer, it would not play the audio file on the disk. Apparently the audio was recorded in a different format and they did have the proper application to play it. All they had to do was talk to me in the back of the room and I could’ve gotten to work for them. Eventually attorney Hans was able to play the audio on his computer.
The audio contained conversation between Robert Woody and his mother Beverly, mostly talking about commissary day. They did do some talking about the investigation and a topic where he referred to an older guy. He also talked about another guy that was in jail for killing his wife and mother. Robert Woody complained about being on lockdown in seg, and said the other guys, referring to Frank Carson and the Athwals, are not cold-blooded people who would hurt others.
He also talked about his bail being $20 million and then stated he is not even involved in the homicide. Both he and Beverly talked about the press coverage involved in the case. And Beverly Woody talked about how she had talked to somebody who knew the polygraph should not take more than one hour where his took 12 hours, a length of time which was extreme.
Robert Woody talked about how he was asked if “you know who” did it on the polygraph, and Beverly Woody had responded by saying his lawyer should have stopped all the testing. Robert Woody stated that at one time they had the guy and let him go.
Woody also started talking about a fight in custody were someone had kicked the shit out of somebody else and apparently there was another altercation where somebody got stabbed and lost an eye. They then went on to talking generally about how killings occur in prisons regularly.
Martha Magana again asked him if he went to the Stanislaus County jail after the polygraph and he stated “yeah.”
He was asked if he continually said he was not there until the August 2015 interview where he was transferred to Tuolumne County. He stated that in Stanislaus County jail he is not able to make phone calls every day but every other day, but in Tuolumne he had phone access every day.
While he was in Tuolumne, Steve Jacobson was transporting him back and forth to court and most of the time juice was driving.
During those trips Jacobson would always tell him they know who did it and he needs to start talking, as we heard in some of the audio from the transports. He also stated to his mom and the audio that he was being harassed by Jacobson during those transportations.
Martha Magana was finished with her cross examination and rested.
It was about 1455 hrs. The judge called for break and we returned at 1527 hrs. back in session.
Robert Forkner was prepared to start his cross that he had not finished before, and there was a long conversation in regards to some of the recordings that multiple attorneys wanted to remain in the record and some wanted to be struck from the record. This conversation continued until 1615 hrs. And was long and drawn out. It was done by the transcript and I had no idea what they were keeping and what they were throwing out.
There have been two witnesses scheduled for tomorrow a Dr. Cavanaugh and a lady by the name of O’Brien because of their unavailability for the motion hearing Thursday. They will be giving testimony at 930 tomorrow morning which led to more long discussions about tomorrow’s witnesses and scheduling.
So Robert Forkner is tentatively scheduled to start his cross again on Woody at 11 AM tomorrow.
Court was in recess until 930 tomorrow.
** Just as a side note I was approached by a DA investigator in the courtroom during the break and it was an interesting little exchange that I’ll share with you on the podcast tomorrow. It goes to show the lowbrow mentality that some of these people have.