FRANK CARSON et al 10-19-2016 (tom)

NO BLOOD NO MURDER

FRANK CARSON CASE 10/19/2016

BY WILLIAM THOMAS JENSEN (TOM)

A miracle happened today, Judge Zuniga was actually on time. The audience was kept out of the courtroom for the first 40 minutes while the attorneys hashed out some things, and we were able to enter the courtroom around 10:15AM.

At 10:15AM, Steven Cavanaugh, a blood evidence expert from the California Department of Justice was put on the stand by the defense. Mr. Cavanaugh has done around 480 cases in his career. Around 240 of these concerned blood evidence. Mr. Cavanaugh was provided the clothing that was found with Korey Kauffman’s body in the mountains close to Mariposa where it was found by a bow hunter. This clothing and other related items included a pair of blue jeans, a torn shirt, a ring, a nickel, a carhart jacket, a headlamp, a pair of Georgia boots, a set of keys, a padlock, some leather material, and some rolling papers.


The blue jeans had numerous stains on them. They were tested for the presence of blood, and no blood was found. No blood was found on any of the clothing, no blood was found on the Carhart jacket. Cavanaugh checked inside the boots, and no blood evidence was found. The headlamp had no blood evidence on it. The keys and a carabiner that was found with the keys had no blood evidence on them. The pieces of leather had no blood evidence on them. No blood was found on any of the items that were found with the body of Korey Kauffman.

Marlisa Ferreira tried to discredit the work of Steven Cavanaugh, but failed miserably. Cavanaugh stated that he had tested all the stains that he found on the items. She tried to imply that the blood evidence could have been degraded by exposure to the elements for approximately 1 ½ years in the woods. Cavanaugh testified that blood evidence has been retrieved many years after the fact in many cases. He could not give any statistical likelihood that the elements had degraded the blood evidence. Cavanaugh testified that he was never provided a black t-shirt with writing on it for analysis. Marlisa Ferreira tries to go into questions concerning DNA analysis with Cavanaugh, but this was objected to and the objection was sustained. Cavanaugh testified that he used a flashlight to use oblique light to examine for blood evidence on the items that he examined. He also used a stereoscope to examine the items. Defense attorney Robert Forkner asks for a copy of his notes that were made during the analysis of the items. Marlisa Ferreira is done with her re-direct of Steven Cavanaugh.


At this time, defense attorney Robert Forkner starts talking about the WISN telephone records that were discussed earlier in this preliminary hearing. WISN was the first organization that did work for the DA in analyzing phone data for this case. It appears that the DA did not get the results they were looking for, so WISN was not used after their initial analysis data was turned over to the DA. Forkner states that the defense attorneys have just found out that WISN did around 620 hours of analysis, and the attorneys will need until Monday to go over the extensive records that have just now been revealed. This problem of late discovery just won’t go away in this case. WISN will be in the courtroom at 10:00AM Monday. It should be interesting folks.

The defense attorneys get Steven Cavanaugh to say that he used a regular flashlight to do his oblique light analysis of the items. Defense attorney Hans Hjertonsson asks Cavanaugh what blood consists of. Cavanaugh says blood consists of hemoglobin, white blood cells, fluid, and other elements. Hans asks Cavanaugh if these components of blood decompose at a different speed. Cavanaugh: “I believe so.” Cavanaugh said that he did not know how long it would take for blood to degrade.

Defense attorney Martha Carlton-Magana asks Cavanaugh if the Carhart jacket was intact. Cavanaugh said: “Yes.” Martha asks Cavanaugh if the boots and the uppers of the boots were intact. Cavanaugh: “Yes.” Defense attorney Hans Hjertonsson wants the testimony on the degradation of blood thrown out. This was objected to, and the objection was overruled. Defense attorney Martha Carlton-Magana asks Cavanaugh if blood can be found on items ten years after it was put on an item. Cavanaugh: “Yes.” Marlisa Ferreira states that she is not going to call Steven Cavanaugh back to the stand at a later time. It is brought out that Sheriff Adam Christianson is not available to be in court tomorrow. We are now at our lunchtime break.

At 1:47PM our afternoon session begins. Robert Woody is sitting on the stand. We once again are playing a portion of the polygraph examination of Robert Woody by Special Agent Jefferson. Defense attorney Robert Forkner asks Woody if he had ever seen this polygraph exam before. Woody: “No.” Forkner is playing a portion of this exam where Jefferson is speaking to Special Agent Brody. They are going over the results. Jefferson goes over a question where he asked Woody if he knows who was involved in the killing of Korey Kauffman. Jefferson is heard saying: “There is nothing here.” Jefferson goes over another question that he asked Woody where he asked Woody if he was involved in any manner with the killing of Korey Kauffman. Jefferson is heard saying that: “There is nothing here.” Jefferson is heard saying that: “If we graded him, it would be a truthful chart. There was an immediate objection to this from Marlisa Ferreira. Polygraph results are inadmissible in the courtroom for any reason. There were extensive arguments from both sides on this issue, and in the end Judge Zuniga rules that any use of the statements made by Jefferson are inadmissible. Judge Zuniga states that there is a motion to strike Robert Woody’s testimony that is coming up. I wouldn’t hold my breath on that one, but I guess there is a possibility that she might strike his testimony. Any reasonable person would do so, but this judge does not seem to fit that category to me. All this time during the arguments, Woody was off the stand and in another room.


Woody is put back on the stand. Robert Forkner: “Do you know what a false confession is?” Woody: “You lie.” Forkner: “You know what a confession is?” Woody: “Sort of.” It turns out that Woody does not know what the word “Confess” means. Forkner explains to Woody that a confession is the same as admitting to something. Forkner: “Your statements made to Miranda Dykes were a false admission?” Woody: “Yes.” Forkner: “Did you tell Jefferson you wanted to prove your innocence?” Woody: “Yes.” Forkner: “Did you tell Jefferson that the truth will set you free?” Woody: “Yes.” Forkner: “Do you know what “Coerce” means?” Woody: “No.” Forkner explains how it is like when a person tries to force you to do something you do not want to do. Forkner goes into the telephone calls. Forkner: “Did you tell your dad that Steve Jacobson was a liar?” Woody: “I don’t recall.” Forkner: “Did you tell your lawyers that you wanted to take your plea back?” There was an objection to this which was sustained. Forkner tried wording this question differently, and Woody said that he did not recall saying that. Forkner: “Did you tell your lawyers that you had nothing to do with this?” Woody: “Yes.” Woody is asked to step down.

Defense attorney Jesse Garcia tells the judge that Woody was visited at the jail by his mother after she testified, where she held up a piece of paper that told Woody to testify that Walter Wells was present at the alleged killing of Korey Kauffman, that Frank Carson was present at the killing of Korey Kauffman, and a hand gun was involved in the killing of Korey Kauffman. Forkner: “You never told your mother that Frank Carson was on the property?” Woody: “No, I didn’t.” There seemed to be some communication going on between Marlisa Ferreira and Robert Woody. Several people in the audience noticed it. Defense attorney Martha Carlton-Magana asks at this time for an In Camera hearing that includes Woody’s attorney Bruce Perry. This did not take more than a couple of minutes, and we were allowed to come back into the courtroom. Woody is back on the stand. Jesse Forkner: “You never told your mother that Frank Carson took the gun from Daljit Atwal?” Woody: “No.” Forkner: “You never told your mother that Walter Wells was at the scene of the homicide?” Woody: “No.” Forkner: “You never told your mother that you were told to clean up the mess?” Woody: “No.” Forkner: “You never told your mother that there was a squad car at the Carson property?” Woody: “No.” Forkner: “You never told your mother that Robin Attenhoffer took you to the property?” Woody: “No.”


Robert Forkner then asks Woody if he remembers telling his dad on a telephone call that: “They want me to make up a story about the Athwals and Frank Carson being involved.” This was objected to, and the objection was overruled. Woody is asked to step down. Judge Zuniga tells Marlisa Ferreira that Percy Martinez had played the recording concerning this for a purpose of his own. The judge tells Ferreira that she did not hear Robert Forkner joining in on wanting to play the recording at that time. Marlisa Ferreira starts to argue with the judge. Judge Zuniga: “Mam, you are arguing my ruling.” Robert Woody is put back on the stand.

Robert Forkner once again asks Woody if he remembers telling his dad on a telephone call that: “They want me to make up a story about the Athwals and Frank Carson being involved.” Woody: “Correct.” Robert Forkner then asks Woody a very pointed question. Forkner: “Why did you tell your dad that they wanted you to make up a story if it was really true?” Woody could not answer this question, and fumbled with some sort of response. Forkner: “You were lying to your father?” Woody: “Yes.” Marlisa Ferreira tries to say that Robert Forkner is being argumentative, but the judge disagrees. Marlisa tries to explain to the judge what being argumentative is all about. This angers the judge. Judge Zuniga: “I understand what being argumentative is all about Mam, which is what you are being with the court.” Forkner: “Did you tell your lawyers that Steve Jacobson was telling you “facts” about the case while they were driving you around?” Woody: “I don’t recall.”


Forkner tries to press Robert Woody if he actually cut off Korey Kauffman’s fingers and toes. Forkner: “Did you cut off the fingers and the toes?” Woody: “Correct.” Forkner presses Woody on the bleeding that took place after the fingers and the toes were cut off. Woody admitted that blood flowed from each finger and each toe after they were cut off. Forkner: “Did you put the boots back on Korey Kauffman after the toes were cut off?” Woody: “Yes.” Forkner: “Was there blood inside of the boots?” Woody: “Yes.” Forkner: “Was there blood on your hands?” Woody: “Yes.” Forkner: “Was there blood on the pants?” Woody: “Yes.” Forkner: “You said you heard a gun shot?” Woody: “Yes.” Forkner: “Was there blood on the coat?” Woody: “Yes.” Forkner: “Did you see any keys?” Woody: “No.” Forkner: “Do you know what a carabiner is?” Woody: “Sounds kinky to me.” Forkner explains what a carabiner is to Woody. Forkner: “Did you see a carabiner on Korey?” Woody: “No.”

The blood evidence does not support the testimony of Robert Woody. Blood evidence would have been found on the clothing if any of his story is to be believed. We are done for the day today. Big time motions will be taken up tomorrow. I will keep you informed.

Sincerely; William Thomas Jensen (Tom)

Advertisements