Transcribed Morning Report 10-19-2016


               This is court day 147 and in custody day 431.  Immediately this morning I noticed that the judge arrived at 9:32am, and was almost on time. Not unusual that court didn’t start until 10:07am. At that time, they started to speak on the motion being held tomorrow, witnesses and such. Robert Forkner called a gentleman by the name of Cavanaugh, who is a criminalist for the state. All the attorneys and the DA stipulated to his qualifications as a criminalist for the state of CA.  He’s been doing blood stains for 20 years, DNA for 12 years, and 50% of those cases were looking for blood and clothing. 240 cases were for blood analysis.


         The property Cavanaugh received was a torn shirt, blue jeans, a ring, a bullet, a jacket, partial boots, a head lamp, keys, and a pad lock. He stated he examined the stain on the jeans, which was negative for blood. He examined the jacket, which was negative for blood. He used an oblique light and could see stains on everything, including the boots. Every item that was tested came up NEGATIVE for blood. That’s pretty much all Forkner wanted out of this witness. Based on Woody’s representation of what happened to Korey, there should have been blood on at least one of the items. Remember, Woody claimed he mutilated Korey’s body. So, for NO blood to be found on the clothing is huge.


         Martha Magana asked Cavanaugh when these items had been delivered to him. Which he stated they were delivered January 2, 2014. There were no other questions at this time by any of the defense attorneys. DA started talking about a partial piece of jeans, and partial T-shirt. She asked if he had tested all of the stains. Cavanaugh stated he had tested every stain he had seen. Apparently, he does this by taking swabs. DA was asking about proper procedure and taking items that have blood stains. Cavanaugh said that those items with blood should be frozen in a container, not plastic because it will sweat. Bacteria and other organisms will eat the blood samples. DA asked if clothing containing blood samples exposed to animals or weather could affect the testing. Cavanaugh said, “it’s a possibility.” Kind of vague, and it seemed a little out of his expertise.


         Jesse Garcia objected and said the DA is giving a hypothetical, “out of the witness’s expertise.” There were multiple objections and things got a little testy, as they usually do. The DA went into a narrative saying that Woody testified that there was blood all over the clothes. He also said that he took the body to the mountains on top of the ground. The body had been down for a year, so there could possibly be erosion, in addition to animal activity. DA asked the witness about DNA evidence, which kept getting objected to. Since this is not what the direct was talking about. It was simply talking about the blood stains themselves. There’s a difference between hemoglobin and DNA.


         There was more talk of how plastic creates breakdown of DNA and so does exposure to the elements. This argument was made by Madame DA. Cavanaugh stated that it really depends on the environment. He said animal activity does not really break down blood. She seemed to be trying hard to get him to say that blood could draw animals, thus creating a problem with the samples. He of course did not want to say that at this time. He did say rain and heat could cause a breakdown of the blood. He also said that there was a t-shirt submitted to him that he did not analyze himself, and gave no reason for it. Apparently, the keys tested did contain DNA but not any blood.


         Cavanaugh was constantly referring to his hand-written notes. The defense started an argument that they had not received any discovery of his hand-written notes, which they have been requesting. The judge was telling the DA to get the notes from the witness. The DA began arguing with the judge. The judge looked at her and said, “just do it.”


         The notes he was using consisted of mostly pictures and diagrams he was drawing indicating where the stains were. DA said that this had all been discovered, but of course the defense had not received anything.  Not surprising. Again, Cavanaugh stated he uses invisible means with oblique lighting and detected stains on the boots and jacket, none of which were blood.


          At this time, we took a 30-minute break and returned at 11:30. Before starting testimony again, Robert Forkner advised the court that the Wizen people (who were the original cell phone people who said they had done minimal work on this case) actually had done 672 billable hours (yeah, real minimal). They are not a state agency, but are used a lot by law enforcement in this state. Some of the discovery had just been handed to the defense. The people were in court to testify. The DA started making another insecure argument about how the Wizen people were not actually that involved, as they had a conflict of interest in this case (not involved, 672 hours really Marlissa?) The DA did not use any of it, but from my understanding they DID in the Ramey Warrant. She was trying to speak on behalf of the Wizen people, which was quickly objected to by the defense. She is supposed to represent the people of CA, and not individuals (but shit, it’s a free for all and Bunch likes to play attorney occasionally too). She did not want the Wizen people to have to return (funny, she has done this in the past herself). The judge ordered the 3 people from Wizen to return Monday morning.


         Robert Forkner finished his redirect saying that blood swabs are similar, but not the same in how they are obtained. Cavanaugh didn’t really know the break down timing of blood, especially in the environment. There are just too many variables. Hans started asking the same thing, and got the same answer. There really is no set time frame on when blood will degrade. Martha Magana started asking if blood can exist for years and years. The DA objected to this question. It was clear that the witness is an expert. Martha asked, “10, 20, 30 years?” Cavanaugh stated he did not know, but yes blood can be stained on an item and stay at least 10 years. This he was very confident on.

         At this point it was 11:45, and the judge wanted to bring out Woody. The DA stated she has another item of business. It seems that Adam Christianson (Sheriff) was supposed to be in court tomorrow to do testimony on the Ramey Warrant, but there is a scheduling conflict. They asked if he could come in Monday, which was agreed to by all counsel. We broke for lunch, and court will return at 1:30. Looks like Woody will be called up for cross examination when we return. Be sure to come back for tonight’s update on how our afternoon went. Also, there will be a very interesting podcast tonight that you won’t want to miss! Check it out at 7:00pm, call (646) 787-8151 to listen. If you want to speak up and express your thoughts, just press #1. It’s always fun, and you can speak anonymously if you prefer.