DISAPPOINTED WITH RULINGS
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
A thousand apologies for how late this report is coming out. I attended the entire day of testimony on Thursday, and had to meet family members for dinner at 5:15PM at the Farmer’s Catfish House. After over 35 years in business, the owners are shutting down at the end of this month. When I got home, all I wanted to do was go to bed. So here I am writing this article on Friday morning.
Today, we took up two motions that were written by Frank Carson, and presented by his attorney Percy Martinez. We did not totally finish dealing with the first motion, but the handwriting is on the wall. This motion is going to go down the tubes. It concerned a motion to dismiss due to misconduct. The whole thing centers around the way the Sheriff’s Department, and the prosecution handled the Ramey Warrant that started us down this never-ending road. The second motion was another motion that was written by Frank Carson, and presented by his attorney Percy Martinez. It concerned a motion to replace Robert Woody’s attorney firm of Martin Baker and Bruce Perry for conflict of interest. This one was ruled on, and it got shot down by Judge Zuniga. In both instances, I fully understand the reasoning behind the judge’s rulings. The case law simply did not allow her to rule any other way. I saw a look of disgust on the face of Judge Zuniga when she looked at Martin Baker while he was making arguments. If nothing else, the allegations that were brought up against Mr. Baker opened up Judge Zuniga’s eyes to what has been going on with the representation of Robert Woody, and how it has affected the prosecution of all the defendants in this case. I will now try to paint for you yet another picture of what took place yesterday. This one is going to take quite some time. I took a lot of notes.
Kudos to Judge Zuniga once again, she was on time showing up to the courtroom for the second straight day. The attorneys hashed out a couple of things in the courtroom before we were allowed to enter at 10:00AM. Defense attorney Robert Forkner starts speaking about the letter that was allegedly written by Robin Attenhoffer, and given to the family of Korey Kauffman. Defense attorney is heard telling Robert Forkner that: “I don’t think we are ready to do that yet.” The defense attorneys leave the courtroom briefly to confer in private, and return.
Defense attorney Percy Martinez announces that he has spoken to Prosecuting DA Marlisa Ferreira, and that they have agreed to take up the motion on conflict of interest first. Judge Zuniga does not want to do that, and we stick to the original plan of taking up the motion to dismiss due to misconduct.
Percy Martinez calls Detective Corey Brown to the stand. Percy: “What preparation did you do for your testimony today?” Brown: “None.” Percy: “Did you speak to anyone about your testimony?” Brown: “No.” Percy: “Did you read the motion?” Brown: “No.” Percy: “How did you get notice of this?” Brown: “A text message from Kirk Bunch.” Percy: “Did you discuss this with Marlisa Ferreira?” Brown: “Yes, maybe once.” Percy: “Did you discuss your testimony?” Brown: “No.”
Brown testified that there were multiple meetings concerning the Ramey Warrant, and Sheriff Adam Christianson decided to place the Ramey Warrant on the Sheriff’s website. Percy: “Did you discuss this with anyone else?” Brown: “No.” Corey Brown testified that Kirk Bunch was present. Percy: “Did you write the Ramey Warrant?” Brown: “Yes.” Percy tries to ask Corey Brown what the purpose of the Ramey Warrant was. There was an objection to this, and Brown was taken off the stand and put in another room. Percy Martinez says: “In our moving papers, we said there have been no previous postings of Ramey Warrants.” Percy: “It goes to motive and intent Your Honor.” Percy: “We will show how this was a team effort to direct the public to go online and read the Ramey Warrant.” Marlisa Ferreira: “They have failed to establish that there was a sealing order on the Ramey Warrant.” Percy Martinez tells the judge that he wants a few minutes to find the sealing order that he thinks is contained in a couple of boxes of discovery that were turned over by the prosecution months ago. Everyone is taken out of the courtroom while the defense attorneys go through the boxes of discovery.
We get back into the courtroom at 10:45AM. Judge Zuniga states: “I have been handed a declaration by Steve Jacobson that is Exhibit C.” Percy Martinez: “Look at F-5, Judge Rigby signed an order for disclosure of discovery on 08/17/2015.” Percy: “Judge Rigby signed this order at least 2 days after The People put the Ramey Warrant online.” Percy states that this order that was signed by Judge Rigby limited the disclosure of the Ramey Warrant to the defense attorneys. Defense attorney Robert Forkner states: “In bold letters, it is ordered that the previously sealed Ramey Warrant has been unsealed.” Marlisa Ferreira asserts that there never was a sealing order for the Ramey Warrant, and goes on one of her lengthy rants.
Detective Corey Brown is put back on the stand. Percy: “In preparing the 336 page Ramey Warrant, you gave it to Judge Rigby on 08/13/2015, and brought it back to be executed.” Percy: “What did you do with it?” Brown: “I held on to it until 08/14/2015 when the defendants were arrested.” Percy: “Had you met with Sheriff Adam Christianson and had a conversation about putting it on the internet?” Brown: “I was told by Christianson that it was going to be put on the internet in the week prior to the arrests.” Brown testified that there were multiple meetings on this subject in the week leading up to the arrests. Brown stated that in addition to himself, Adam Christianson, the Undersheriff, and the DA Investigators were present at these meetings. Percy: “Did you understand that this Ramey Warrant was a legal document?” Brown: “Yes.” Brown testified that he prepared the Ramey Warrant for posting on 08/14/2015. Percy then asks questions concerning the press conference that was held on 08/14/2015. Percy: “Were you present at the press conference?” Brown: “No.” At this time, Percy Martinez states that he wants to play a recording of the press conference. I notice that Kirk Bunch’s bunny pouches are bulging out at this time. Just as soon as Percy announces that he wants to play the video recording of the press conference, he changes his mind about playing it. Percy: “Mr. Brown, at the press conference, did you direct anyone to view the Ramey Warrant on the internet?” Brown: “I was not at the press conference.” Percy: “Did you view the press conference?” Brown: “Yes, part of it.” Corey Brown testified that Marlisa Ferreira played the press conference for him last week. Percy: “Are there any dedicated websites for the posting of Ramey Warrants?” Brown: “No.” Percy: “Have there been any other Ramey Warrants posted online?” Brown: “No.”
Corey Brown testified that he was aware that Frank Carson and the other defendants were going to be arrested early in the morning. Brown stated that he gave the Ramey Warrant for posting around 7:00AM on 08/14/2015. Percy Martinez: “Is the Ramey Warrant still posted on the internet?” Brown: “Yes.” Corey Brown testified that the Ramey Warrant was modified to exclude sensitive information that had been included on the original posting. Brown stated that he was not involved in taking down the Ramey Warrant for this modification. Brown stated that he was informed at mid-morning that the Ramey Warrant had been taken down by the Undersheriff. Corey Brown denied asking Judge Rigby for a sealing order on the Ramey Warrant.
Percy Martinez: “Did you get permission from Judge Rigby to post the Ramey Warrant on the internet?” Brown: “No.”
Marlisa Ferreira asks Corey Brown if on 08/13/2015 there ever was an order to seal the Ramey Warrant. Brown: “No.” Marlisa Ferreira: “Did you write the Ramey Warrant?” Brown: “Yes.” Marlisa Ferreira: “Did you have direct knowledge of the information that was contained in the Ramey Warrant?” Brown: “Yes.”
Percy Martinez: “Have you discussed applying for a job at the DA’s Office?” Brown: “Yes, several months ago.” Brown testified that he has received no job offers, and the job was posted online. Percy Martinez has no further questions for Corey Brown.
At this time, Marlisa Ferreira states that she wants to play the video recording of the press conference. Percy Martinez objects to the playing of the press conference. Percy states that it is outside the scope and irrelevant. Defense attorney Timothy Rien also objects, stating that it is overly broad (Like Marlisa), and could possibly hurt his client Walter Wells. There is some talk about redacting the comments made by the CHP Commissioner that were made during the press conference. Marlisa Ferreira states that Timothy Rien has no standing in this motion.
Percy Martinez states that the posting of the Ramey Warrant was where the prejudice occurred and not the press conference. Percy Martinez states that Eula Keyes read the Ramey Warrant, and it tainted her testimony. Percy states that the posting of the Ramey Warrant tainted the witnesses in this case.
Judge Zuniga: “Ms. Ferreira, there is no reference to the press conference in this motion.” Marlisa Ferreira: “If you go back to his early arguments, he mentions it several times.” Judge Zuniga: “There is no mention of the press conference in his papers.” Marlisa: “He did in fact argue that the press conference was misconduct on two occasions.” Judge Zuniga: “If you want to withdraw that argument Mr. Martinez…” Percy Martinez: “Argument withdrawn.” Judge Zuniga: “This is as far as we can go with this motion until Monday.” Sheriff Adam Christianson will be on the stand at 10:00AM on Monday to continue this motion. I don’t think the defense has a snow ball’s chance in Hell with it. It was discussed that the WISN cell phone testimony might happen at 1:30PM on Monday.
Talk now centers around the second motion that is going to be brought up today. It concerns a motion to disqualify Martin Baker and Bruce Perry from representing Robert Woody due to conflict of interest. Judge Zuniga states that she had trouble last night at her Hotel with reading some case law that would apply to this situation. It is U.S. vs Roth. Percy Martinez suggests that we break a few minutes early for lunch to give the judge some time to access this case, and to prepare for arguments on the next motion. It is announced that Robert Woody is objecting to this motion on the basis that Percy Martinez has no standing to be asking to disqualify his lawyers. Martin Baker states that he has an arraignment to take care of, and that he can’t be back to our courtroom until 2:00PM. This is agreed to, and we have a longer lunchtime break than normal.
We start the afternoon session at 2:15PM. Judge Zuniga states that she was able to read the case law that she needed to read during lunch. Percy Martinez states that he wants to call Martin Baker to the stand. Percy states that while testifying, Beverly Woody had pointed to Martin Baker and said that she had told Martin Baker about her testimony. Percy Martinez states that at that time, Martin Baker should have known that the testimony that Beverly Woody was giving was perjury. Percy: “We believe the conflicts should preclude Mr. Baker from continuing to represent Robert Woody.” Martin Baker: “Frank Carson has no standing to make this motion.” Martin Baker: “It is my request that this be handled In Camera.” Percy Martinez: “We are talking about things that were done before the entering of a plea.” Percy Martinez: “Due to all the stories that were being told by Robert Woody, and the intervention of his council in the giving of these stories, they seemed to waive Woody’s Miranda Rights.” Percy: “Woody made a statement in the presence of Mr. Baker that puts Mr. Baker in the position of being a witness.” Percy: “Woody was asked if he was willing to disclose the contents of his meetings with Mr. Baker, and that Woody said: “Yes.” This was done during Woody’s latest “recantation.” Percy: “There has been waivers granted by Woody on all of his meetings with Mr. Baker.” Percy: “They have already waived Woody’s attorney/client privilege on 07/28/2016.” Martin Baker argues that the only way Frank Carson would have any standing in this motion would be if Frank Carson could show any prejudice to himself.
Percy: “It appears that Martin Baker tells Robert Woody that Beverly Woody will not be held responsible for her perjured testimony, and that some arrangement had been made.” Percy: “Mr. Baker is aware that Beverly Woody is perjuring herself when she said she told Mr. Baker when he knows it is untrue.” Percy: “Mr. Baker is going to be called as a witness, he knew Beverly Woody was giving perjurous statements.” Percy: “Woody returns a few days after this, and recants his testimony, and said he lied about Walter Wells being present, and Frank Carson being present.” Percy: “Robert Woody first said that he threw the fingers and the toes into the river.” Percy: “Robert Woody then said he threw the fingers and the toes into the trees up in the mountains.” Percy: “Martin Baker spoke to Robert Woody, and Woody then testified with a different story.”
Defense attorney Jesse Garcia suggest that the court could do an inquiry on this situation. Jesse Garcia: “Mr. Baker makes light of his apparent breaches and violations of the cannons of ethics.” Jesse Garcia: “It appears the only inquiry on the conflict of interest was in July of 2014 where Mr. Hirschfield of Stockton declared that there was no conflict of interest.” Jesse: “There were a number of continuences (sp?) after that that continued until just recently.” Jesse Garcia: “Mr. Baker’s representation falls so far below the standard.” Jesse Garcia cites Beverly Woody’s perjury that Baker was aware of, the waiver of Woody’s attorney/client privilege, the coaching of Robert Woody during testimony etc. Jesse Garcia states that there is a recording where Martin Baker is heard telling Woody he needs to maintain a consistent story, where he suggests Woody change his testimony about Walter Wells being present. Jesse Garcia states that Martin Baker knew that the information that Robert Woody had testified to was false concerning Walter Wells and Frank Carson being present at the alleged killing of Korey Kauffman.
Jesse Garcia states that this all happened when Bruce Perry was on vacation in Hawaii. Jesse Garcia states that: “We can attack Woody’s confession as being false or coerced.” Jesse: “Mr. Baker is a participant, and this constitutes a continuing threat to our clients.” Jesse Garcia: “Woody never was told by his attorneys that Special Agent Brody and Special Agent Jefferson had said that he passed his polygraph examination.” Jesse: “We know that from the contents of a recorded telephone conversation.” Jesse: “All of these failures, if allowed to continue, makes a mockery of due process.” Defense attorney Robert Forkner states that there was no written waiver obtained from Miranda Dykes, Michael Cooley, or Eula Keyes for Martin Baker to represent Robert Woody. Robert Forkner: “I had to get a waiver from TJ Samra in order to represent Christina DeFelippo.”
Defense attorney Timothy Rien: “I join with Jesse Garcia in his arguments.” Timothy Rien: “We all sat on the edge of the chair waiting for the prosecutor to put on Robert Woody.” Timothy Rien: “We heard many times that no offers were made.” Rien: “Up until August of last year, Walter Wells was exculpated from any crime.” Rien: “In April of this year Woody’s statement came out, and the court struck that statement.” Rien: “I filed a motion to dismiss for due process because we knew the statement was false.” Rien: “Bruce Perry was in Hawaii, and Robert Woody then makes a statement that included Walter Wells and Frank Carson.” Rien: “Woody was terrified that he was going away for the rest of his life.” Timothy Rien wants the court to make it’s own independent inquiry on this situation.
Defense attorney Jesse Garcia states that: “We have standing to impeach Woody in any way that we can.” Jesse Garcia: “In the hearing for bail, they said that Robert Woody had been threatened by Frank Carson’s private investigator.” Jesse Garcia: “We know that Bruce Perry never spoke to anyone at Pop N Cork Liquors or at Robert Woody’s home about this.”
Defense attorney Robert Forkner wants Judge Zuniga to asks Robert Woody if his attorneys had ever told him that his polygraph charts indicated that he was being truthful.
Timothy Rien: “We know that the DA’s office is not charging perjury on Beverly Woody.” Rien: “Beverly held up a paper telling Robert Woody to implicate Walter Wells, and Frank Carson, while she was telling him over the phone to tell the truth several times.” Timothy Rien: “Beverly Woody can’t read or write, these are the ugly facts.” Timothy Rien: “Mr. Perry assisted when he returned from Hawaii, and Steve Jacobson confronted Robert Woody about Walter Wells.” Timothy Rien: “This was a near miss car wreck.” Timothy Rien: “The court has an inherent ability to dismiss a case.”
Martin Baker: “I learned in law school that there is immunity to be sued for slander for statements that are made in the courtroom. Judge Zuniga agrees that Mr. Baker can’t sue anyone for what was said in the courtroom. I really think what was revealed in the courtroom will haunt this man for the rest of his career. I would not hire Martin Baker to represent a rabid dog. Just saying folks.
Percy Martinez: “Woody has given 14 different versions, there is no question that he is trying to help himself.” Martin Baker told Woody: “You have to make your story more believable.” Percy makes some comments about how this causes jeopardy for Frank Carson.
Timothy Rien: “Beverly Woody was suborning perjury.” Rien speaks about how it is an inducement for Robert Woody that Beverly Woody is not being charged for her crime, and how this played into the deal that was made with Woody to testify.
It is now 3:45PM, and Judge Zuniga makes her ruling on the second motion that we have just been discussing. She states that she has heard a lot of arguments, and will not be addressing all of them. She speaks about the Harris case, and speaks about the lack of legal arguments in the motion that was filed by Percy Martinez. She speaks about the Great Lakes case, and Colyer vs Smith. She speaks about Percy Martinez not having standing for the motion that he filed. Judge Zuniga states that a non-client can’t move to exclude another party’s attorney. Motion denied.
Percy Martinez finds out from the judge that her ruling does not preclude him from calling Martin Baker to the stand as a witness. When that happens, it should be interesting. God this thing took a long time to write. I hope it was worth the wait. I will be back in the courtroom on Monday to keep you informed.
Sincerely; William Thomas Jensen (Tom)