FRANK CARSON et al 10-19-2016 pm (marty)

Gruesome tales continue

by Marty Carlson


Court day 147 in custody day 431.

The afternoon session restarted at 1344 hrs. with Robert Forkner cross examining Robert Woody on the stand. Woody was given a transcript of the polygraph video that was about to be played again. The video started with agents Jefferson and Brody talking about the results of the charts. Robert Woody stated that he had never seen the polygraph video prior to being played earlier this week.

He was asked if he knew what it meant when the agent said he showed no deception, and a truthful chart.

Mme. DA objected stating the video is being played to get in the results and is not admissible. Robert Forkner stated he just wanted to show that Robert Woody was deceived by the investigators and he was not trying to get the results on the record. Which leaves Woody’s state of mind and his following statements.

Jesse Garcia argued the results are not being discussed just saying that they wanted to grade this as truthful. In addition, the fact that agent Brody, who did not administer the test, was trying to tell Jefferson what the results were. Then investigator Bunch gets involved in the conversation and decided to tell his attorney that he failed. This of course was the purpose of the effort to get Robert Woody talking.

Percy Martinez argued that the false information given to Woody per the results shows Woody’s state of mind after he was originally thinking the truth would set him free. It was noted he still expressed innocence to the parents on the phone after the polygraph examination.

Martha Magana said that statute stated that due process for the defendants can override the statutes and allow this information admissible in certain situations.

Robert Forkner argued that he wanted to show what Woody’s beliefs were after being deceived.

Jesse Garcia argued that this gives them the ability to attack his voluntary confession.

Mme. DA started to make an argument when the judge stopped her and said there was no need as she denied all objections and wasn’t even listening to what they were saying. That did not appear the case to me, she made up her mind early on this one.

Robert Woody was brought back to the stand and Robert Forkner asked him if he knew what a false confession was. Woody seemed confused about the term confession. Forkner changed the wording a little bit to admission, meaning to doing something and he seemed to understand what false admission means.

He was asked if he had made a false admission to Maranda Dykes and that body wire, he stated he did. Woody was asked if he understood the term coerced or forced admission.

Woody did not recall if he told his lawyer he wanted to go to trial because he was not guilty. They are basing a lot of their case on this witness who cannot recall much of anything. Woody also stated he believed if he kept his mouth shut altogether he would’ve been out by now.

He was asked if he ever told his mother to make the statements that she made in court, he said,”no.” This statement led to another offer of proof and he had to leave the stand for a few minutes again.

Jesse Garcia was saying that Woody’s mother was talking to Robert Woody at the jail with the paper to the glass and telling him to say that Walter Wells, Frank Carson, the Athwals, patrol cars and a gun were all present at the scene.

At this time, something strange happened Martha Magana requested an in-camera hearing with Robert Woody and Bruce Perry present based on some observations that she has been making in the courtroom. The gallery was then emptied out for them to have a short in camera hearing. We never did learn, of course, what that was.

Robert Forkner went back to asking Woody if he had told his mother about all the people at the crime scene which included Walter Wells, the police car, Frank Carson etc. he said no.

He stated he never told Beverly Woody about Robin Attenhoffer being at the scene, and he said had never told his mother that he had gotten a phone call to go to the scene.

He stated that Bunch and Steve Jacobson wanted him to tell the story and were pressuring him to do so.

Again, Woody went off the stand for an offer of proof as there was an objection to this being cumulative and the judge told the DA that this is available to each it defendant individually even if it is repeat information.

The DA wanted to continue stating her case with the judge and the judge gave her one of those judge like looks and shut her down immediately by telling her to stop.

Robert Woody went back on the stand. He was asked if the story was true that he had told to investigators he said “yes”. Robert Forkner asked him at that point why tell your dad it was a story and they want you to lie? He stated he was lying to his father.

The DA made another argument about being cumulative and began going into the definition of what cumulative is and the judge very sharply told her she is familiar with the term and told her to stop, using a very nasty tone.

Robert Woody went back on the stand and stated he does not remember who his original lawyer was when they first got appointed. He was asked about the ride down from Tuolumne County where Steve Jacobson was giving him the God speech and where it was noted Dale Lingerfelt was in the backseat snoring, and yes Woody was sitting in the front seat of the vehicle.

Woody said that he had cut off the fingers and the toes and there was a lot of blood everywhere. He stated that there was blood on Korey Kaufman’s pants, boots, coat, and shirt. At this time, I to noticed Robert Woody was getting a little testy on the stand as he was not comfortable talking about this. Robert Woody also stated he did not see a carabiner, he did not know what it was but he said it sounds like it’s a sexual device, or keys attached to the carabiner on the belt of the pants.

He also stated there was no headwear like the lamp worn like a visor on the body, and there was no ring on the fingers when he cut them off. He stated he never saw anything in the pockets of the pants or jacket by the way of rolling papers or anything of the like.

This was scheduled to be an early stop this afternoon, 3 PM, and just a little bit of business was taken care of. Percy Martinez wanted to clarify the first motion that they were going to argue tomorrow is the Ramey warrant which Cory Brown is supposed to be there for. Then Robert Forkner was reminding the judge of some early transcript stated back in October of 2015 that needed be read for tomorrow’s hearing.

Court was done for the day to be restarted tomorrow at 9:30 AM for the motions.

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