The judge has issues with Jacobson’s interviews
by Marty Carlson
The afternoon session started at 1342 hrs. and Percy Martinez addressing the court saying that the district attorney is always claiming that the defense had the WSIN reports, but he says Jim Cook stopped testifying on July 20 the 2016 and on July 28, 2016 is when Kirk Bunch talk to him about him reviewing the wizard reports. This meeting was done after it was revealed through Jim Cook’s testimony that there been previous work done, but had not been turned over.
Percy argued that there was no WSIN information or knowledge of such until July 22, 2016. He asked for sanctions against the District Attorney’s Office for nondisclosure.
The DA address the court and staying that the defense can call Jim Cook back to the stand so there’s been no prejudice that has been applied against the defendants in any request for sanctions must be in writing and briefed not orally. The district attorney also stated that the preliminary hearing is still ongoing and there are remedies in place.
At this time, there was no more arguments made to the court and the judge has decided to rule.
She stated the issue of the report that Jim Cook has a vague memory of and of other reports are not valid as a rules of a preliminary hearing are not bound by 1054 evidence.
Though she agrees with the argument about not having the information during Jim Cook’s testimony but they can call Jim Cook back to the stand. The judge also stated that no discovery on an expert has to be discovered until that expert takes the stand. She also stated there are no mandates in the law that police officers are required to memorialize in any way shape or form any interview that they do in the case.
The judge also stated that Kurt Bunch had comply with her orders when she told him to write a report, but did look sternly at Kirk Bunch at that point and chastised him for not indicating in the report that he had talked to Jim Cook the same day that he wrote the report. Apparently, he had talked to him to get a reminder of what was said in that interview since he did not take any notes.
Judge Zuniga also chastise both Marlisa Ferreira and Kurt Bunch for the way they have handled discovery in this case. She stated they could have made things a whole lot easier throughout this entire hearing. But then stated all requests for sanctions are denied.
Moving on to some motions that were on schedule for today they started going through some transcripts in regards to some prior inconsistent statements by Robert Woody. Hans made a brief argument in the DA just submitted and did not dispute.
This part of the day got very confusing as there going through transcripts of different interviews and statements and I do not have those transcripts in front of me so I will explain it the best I can.
Marlisa Ferreira address the court on the consistent statements of Robert Woody and in one of the interviews that I was not sure of the date it may have been July 22, 2016.
Martha Magana stated there are no consistent statements and none of these should be allowed.
Marlisa Ferreira stating the defense is claiming fabricated statements in that Woody was coerced by Steve Jacobson. Thus, leading to the argument of consistent statements. She stated on July 22, 2016 as with prior consistency as in the past and she continually through consistent and inconsistent terms throughout the argument and like the rest of us the judge looked at her and said I’m confused I don’t get it. So, Marlisa Ferreira repeated the long argument all over again and I still didn’t get it.
Martha Magana argued that the district attorney’s interpretation of the law was absolutely wrong in regards to prior consistent and inconsistent statements. She stated they cannot be consistent if the same stories were repeated in August 2014 and was a lie then. She also stated there was no other prior consistent statements.
The district attorney argued that all statements since the plea deal have been consistent. She says that the defense has drawn out some testimony that shows consistency.
Martha Magana stated that Robert Woody had a large motive to lie from the first interview when he was arrested. And he continued doing so through all interviews.
Hans argued Robert Woody had plenty of reason to fabricate a story, and that started when he was arrested that when he made his plea agreement.
At this time, all defense attorneys requested that Robert Woody’s testimony be stricken.
The judge ruled and began looking at the Mdm. DA saying that Woody obviously was afraid to lose his deal, based on the phone call with his mother, was afraid of the death penalty, afraid of life without the possibility of parole, in addition the detectives were telling him what to say, and he wanted to please Steve Jacobson. She stated there is a possible haze situation here but then realized it was not. Also, stated that the audio between Robert Woody and Beverly Woody talking on the jailhouse call, also talking during that call about him making a deal and’s also stating that taking Frank Carson out of it would get him a deal. She stated his motive before testimony was inconsistent and sustained the objection. But did not strike his entire testimony as you will see.
They then moved on to the October 6 interview, as a reminder that was the interview that was conducted by Steve Jacobson, Marlisa Ferreira, John Evers, and I believe Deputy Shelton, and the interview where Martin Baker left the room and left Woody on his own.
They began going down page by page and the judge was looking at certain things highlighted by the DA and certain things highlighted by the defense and be thus beginning a long process as it was a long interview.
Martha Magana argued there was a motive to fabricate and it was obvious by simply reading from the transcript.
The DA argued that the trans ripped actually tells the opposite of what Martha Magana says. She then starts reading from the Justice Simmons code in regards to testimony. She stated Robert Woody’s testimony is not a prior statement.
Martha Magana argued this interview is the moment that an offer was implicated by Marlisa Ferreira, and his motive to fabricate was enhanced. The judge ruled this was not a consistent statement and overruled the objection.
The judge also stated that the statements in regards to Frank Carson representing Woody is not accurate because Steve Jacobson was actually making the statements not Woody. She says Robert Woody was confused during this testimony and was not clear about the appointments that he had had it Frank Carson’s office or even his court dates in regards to the auto theft case. The motion was sustained.
There was one line that talked about Bobby and Frank talking on the phone that was sustained so was removed. And apparently, there was some type a reference to uncle Frank even though there speaking Punjabi she says that it was uncle Frank is very clear and who they’re talking about and overruled the motion.
At this time a very interesting thing happened the judge took Marlisa Ferreira and Kurt Bunch to task about the interview techniques of Steve Jacobson. She stated his way of interviews is not conducive to getting a witness or a suspect to tell a story. Steve Jacobson continually gave statements of his beliefs and theories, and Woody’s responses were a lot of grunts and groans and not actual answers nor giving of information. She stated that they need to talk to Steve Jacobson about his procedures.
The district attorney then immediately withdrew some of her motions and which included multiple pages. In addition, there was some more pages and the judge again gave the DA that stern judge look and before she could say anything told her those lines were not allowed and it is obvious why. So, I am not aware of what she was referencing in the transcript.
At this time, it was 430 in the evening the end of the day the judge called an end to the afternoon session but did talk about witnesses for tomorrow and Percy Martinez want to get Martin Baker on the stand to get that information out, so they’re not sure when they’re going to finish the motions but will probably be done in the morning it’s my guess. And on this October 6 interview there on page 73 and there’s 150 pages in this motion.
Court is adjourned until 930 tomorrow.