FRANK CARSON et al 1-3-2017 (tom)






I am sure most of you have read Marty Carlson’s rant. What many of you do not know was that I was am one of the people who Marty was ranting about. I had the good fortune of running into Frank Carson. He was gracious enough to spend some time with me and talk. The first words out of Frank’s mouth were that he was going to head to his doctor’s office for a checkup. He told me that we only had a few minutes to talk. We had a good conversation that lasted approximately 45 minutes. When I left, I left a voice message for Marty telling him about the meeting, and asking him to give me a call. I did not get a call back. I read Marty’s rant on his website. I sent Marty a text message asking him if it was ok if I called him. He immediately called me back. Marty was very upset with me for not being a “Team Player” by not calling him to join me with Frank at the chance meeting. I explained to him how Frank had told me that we only had a short time before he was going to see his doctor. I made every effort to try to diffuse the situation. Apparently, Marty is still hurt by something I had absolutely no intention of doing. I still do not think that I did anything wrong. Today at the courthouse, I extended my hand to shake Marty’s hand. He was not man enough to do so. Marty has criticized the released defendants for not contacting him despite his efforts to have them contact him. I must say that none of the defendants have contacted me as well. I am sure that they are being very careful about contacting anyone. The defendants have no obligation to contact anyone since their release. I simply had the good fortune to run into Frank Carson. It appears to me that jealousy is involved here, and some very childish behavior. I appreciate everything Marty has done with this preliminary hearing. He has done much more than anyone to support the defendants with everything he has done. I am not, and never will be jealous of anything that Marty has done. I will always be supportive of everything he does to support the defendants in this case. I will always treat Marty with respect, and I will never tell him something that is not true. I will always be a man with respect to the way I treat Marty Carlson. By refusing to shake my hand, after everything we have gone through, he was not a man today. This preliminary hearing is not about any one of us in the audience. It is about the eight innocently accused defendants fighting for their lives while spending their life savings to do so. If this article actually gets on the website, I will try to paint for you another picture of what happened today in the courtroom.

Judge Zuniga was on time to the courthouse this morning. There was a rather lengthy private meeting in Judge Zuniga’s chambers, and we were allowed to enter the courtroom at 10:48AM. CHP Officers Scott McFarlane and Eduardo Quintinar were in the courtroom. They were instructed to return to the courtroom on March 23rd to continue their cases. They are being tried separately from the rest of the defendants in this case.

It is announced that Korey Kauffman’s clothing that was found with his remains in the mountains will be returned from the laboratory on January 22nd. This is the second time that the prosecution has sent the clothing out for analysis. The first time showed that there was no evidence of blood on any of the clothing.

Judge Zuniga now states that the discussion in her chambers concerned the new discovery that was provided by the prosecution on Friday, December 30th. She talks about how 81 recorded interviews were turned over, plus 2 files as well. It is revealed that an additional 24 recordings were provided to the defense attorneys today. The date is significant, because on January 1st, a new law went into effect that makes it a Felony for a prosecutor to intentionally withhold discovery.

The new discovery totals 108 items. Marlisa Ferreira now goes into each one of the newly discovered items. She states that eight of these items had previously been discovered to the defense before the preliminary hearing began. She states that 39 of the items were provided in police reports, and that 4 of the items were provided in transcript form. She states that 28 of the items were provided in videos that were previously discovered. She states that 54 of the 108 items were never discovered in any manner previously.

Now it gets really interesting. Marlisa states that she turned over additional discovery to the defense this morning. This seems to greatly anger Judge Zuniga. Judge Zuniga: “I asked you in chambers this morning if there was any more discovery, and you said NO. You could see the heat waves emanating from the bench at this moment. Once again, this discovery comes after the new law has gone into effect. The DA could be guilty of a Felony.

Defense attorney Robert Forkner states that he has provided the judge with a packet of the new discovery that Marlisa Ferreira turned over this morning.

Defense attorney Percy Martinez states that the new discovery consists of over 100 hours of videos that he will have to review. Percy states that he will need more time to go through this new discovery before the defense can rest their case.

Judge Zuniga states that she will give the defense until February 7th to review this new discovery, and that she needs the time to review the Brady Violations and make her decision on sanctions that will she will impose on the DA. I do not think that it will go well for the prosecution. We are getting close to something wonderful.

Defense attorney Martha Carlton-Magana states that: “I have rested my case.” She states that the first 30 pages of a Robert Woody interview just turned over concerned the search of his property, and then about the automobile accident that occurred while her client Baljit Athwal was being transported. She states that the written reports on this were not accurate, and there was remarkable Brady Material that had just been turned over. Martha states that the Bobby Tickner inteviews had never been turned over. She states that there are 108 separate contempt of court violations that occurred. She states that the law concerning the withholding of Brady Material changed on January 1st, and that it is a Felony now. She states that it is not a coincidence that the prosecution has feverishly been trying to turn over discovery before this law went into effect. She states that all the new discovery supports innocence, and that there is ample proof that the DA was aware of the Brady Material. Martha states: “This thing should be over, but will go on for months now.”

Defense attorney Percy Martinez states that he had his staff contact the DA concerning the 03/03/2014 Robert Woody interview. He states that the DA’s Office told him that: “You have everything.” When asked by Judge Zuniga who was contacted at the DA’s Office, Percy said that Ms. Soria was contacted. Percy states that Ms. Ferreira stated in court that: “You have them all.” Percy states that: “There is a lot of Brady Material in the interview.” He states that there is much more Brady Material in the video of this interview than what was contained in the police report. Percy states that Robert Woody was told that the police would: “Bend over backwards to help him.” Percy states that Robert Woody denied having anything to do with the transportation of the body of Korey Kauffman. Percy states that Robert Woody was told on the 03/03/2014 interview that Steve Jacobson would be picking him up on 03/04/2014 so that he would have another interview. Percy: “We do not have this interview that was done on 03/04/2016.

Defense attorney Timothy Rien states that: “Since I rested my case concerning Walter Wells, I received an E-Mail informing me of new discovery on 12/30/2016.” Timothy Rien states that the actual discovery discussed in this E-Mail was just received by the defense attorneys this morning. He then states that this discovery was followed by more discovery from the prosecution that was provided to the judge this morning by Robert Forkner. Timothy Rien states that he will need until February 7th to review this new discovery.

Defense attorney Jesse Garcia now speaks about how DA Investigator Steve Jacobson is preparing summaries of all discovery provided to date in this preliminary hearing.

Defense attorney Robert Forkner asks Judge Zuniga to delay making her decisions on sanctions until the defense attorneys can review the magnitude of the Brady Material violations. Robert Forkner states that Steve Jacobson testified on the stand that the interview of the Woody family was not recorded. Forkner states that Jacobson testified that another interview of the Woody family was not recorded. Now the recordings are being turned over. He lied on the stand twice concerning this.

Judge Zuniga: “I need time to have a full understanding of the Brady Material violations.”

Defense attorney Hans Hjertonsson: “Eighty two violations has now grown to 108.” Hans: “I am afraid that this will continue in the future.”

Judge Zuniga: “Ms. Ferreira, are you still planning on making a master index of all the discovery?” Marlisa makes excuses about the DA’s Office being understaffed and overworked. Poor baby. At this time Marlisa Ferreira looks just terrible. She reminds me of the “Sea Hag.”

Judge Zuniga: “Have the problems in the DA’s Office been resolved?” Marlisa Ferreira: “We had meetings at the DA’s Office every day except Christmas Day and New Year’s Day.” Judge Zuniga: “I want an answer by our next court date.” Judge Zuniga: “My concern is that these things keep popping up.” Judge Zuniga: “I don’t want to come back on February 7th, and find out that you are turning over additional information.” Judge Zuniga: “This thing has got to end.” Boy do I agree with that. Judge Zuniga gave Marlisa Ferreira until January 19th to provide her with ANY additional discovery. Judge Zuniga tells Marlisa Ferreira that she need to use an auditor to make sure that everything is turned over to the defense. Marlisa agrees that an auditor needs to be used. Judge Zuniga instructs Marlisa to turn everything over to her by January 19th, and to provide this information to the defense attorneys by that date as well.

Well, I am done with my report for the day. The last fifteen months have been like tip toeing through a mine field. Today was certainly like that.

Sincerely; William Thomas Jensen (Tom)

FRANK CARSON et al 1-3-17 (marty)





 The more it changes

The more it stays the same

  by Marty Carlson

 January 3, 2017

As expected when I arrived at the courthouse early this morning there was a long line of people already at the door, makes me think to on the last court date in the morning there is only five people in the audience where were all these people then? Everybody’s looking for that feel-good moment.

Court was scheduled to start at 10 o’clock and somebody said the judge was there on time but I didn’t see her come in. We actually got in the courtroom about 10:45 AM and the judge was on the bench shortly thereafter.

First order of business was bringing Scott McFarlane and Eddie Quintanar forward and again continuing their ongoing wait in purgatory until March 23, 2017 at 9:30 AM. That was the first indicator that I received that showed me this case was going to be dragged out some more.

And then Mme. DA gave an update on the lab dates of the clothing that’s being analyzed and stated they be available after January 22, 2017.

On December 22, 2016, we advised there was an additional 82 pieces of discovery that were turned over that day which led to the in-custody defendants being released, and seems to be an ongoing problem with the District Attorney’s Office turning over discoverable materials to the defense. During the time off there is apparently another 25 or 26 pieces of discovery that we again turned over on Friday, December 30, 2016.

Giving a grand total of 108 pieces of discovery to be reviewed.

Mdm. DA did an oral inventory to the court of the items in discovery and stated there was eight items that were originally discovered prior to the preliminary hearing.

There were 39 police reports on some audios some videos and some transportations that there were some questions on whether they been discovered prior to or not.

There were also 4 audios provided in transcript form.

There were 54 items that had not been discovered and were mostly supplements provided by officers on last Friday the 30th. The DA’s office had emailed this information to all attorneys involved, and had provided all them with a hard copy today.

Mdm. DA also stated that there is some new discovery she wanted to put in today, which again drew the ire of the judge who looked at her and stated she asked her in chambers earlier if she had any more discovery and Marlisa Ferreira said no, but is now trying to say that there is.

Apparently, they are some miscellaneous jail recordings of some of the defendants while in custody and similar type items. In addition, there some supplemental reports on these too.

Again, the judge is letting the defense attorneys have their say in arguments to make their records and Percy Martinez said again it is late discovery that was provided on New Year’s Eve and they will need time to review this discovery. At that point I knew this case is going to be continued until much later date and there’s no hurry since they’re not in custody at this point.

Martha Magana stated there is an interview with Robert Woody included in this discovery that has now been turned over after she has rested. She also stated that many of the reports are not actually accurate to what the audios said. And this is information that she should had prior to her resting her case. She says the DA has misled the defense attorneys in previous inquiries as to discovery as many as this stuff was inquired about and they were told they have everything.

Martha Magana also stated that it’s interesting this stuff got turned over very quickly on New Year’s Eve prior to the new law going in the fact on January 1, 2017. That law provides that is a felony for prosecutors to withhold evidence from the defense. In all this can be devastating to all involved in not sure there is a remedy.

Percy Martinez added again as far as the Robert Woody transcripts prior to his testimony and he had requested that specific information sometime back before Woody testified. He stated that the DA had responded you have all the discovery from the March 3 of 2014 interview. The new discovery contains much more information in regards to Robert Woody and the co-worst statements that he made.

On a personal note at this time I remember multiple occasions of defense attorneys requesting discovery materials and Marlisa Ferreira responding “I believe I have complied with all my Brady obligations”. That was a response that I heard on multiple occasions and it struck me funny at the way she responded at those times, now I know why.

Percy Martinez went on to say that Robert Woody had initially denied moving anybody’s but the investigators kept telling him it would help his case if he started talking about that. In addition, one of the statements contains a comment from investigators where Robert Woody would be picked up on the next day by Steve Jacobson for further interview, but no discovery has been turned over about that next day’s interview.

Robert Forkner asked the court to reserve on sanctions until all the discovery is reviewed and briefed and/or argued. He also stated there was some testimony by officers there were no recordings of any type done whether in written, audio, or video, but now this discovery says that there is.

Attorney Hans made an argument to the court that on December 22 the DA had turned over 82 items and now it’s grown to 108 and believes there be a continued flow of discovery even after all this has happened.

The judge inquired of Mme. DA if their office is addressing this discovery problem, and Matt MDA actually did some double talk to the judge and never really answered the question. What she said was actually something to the effect we are having meetings in regards to this.

At this point the judge gave the District Attorney’s Office in till January 19 of 2017 to turn to discover all discoverable materials to the defense. This is been done several times before apparently they are not being held accountable to those previous dates in a makes me wonder if they will be held accountable to this date.

The judge also suggested that an independent auditor be brought in to look at the master list of discovery for this case to determine if there’s anything that hasn’t been done yet. Mme. DA stated that she wholeheartedly agreed with that, and will probably be done.

At that point court was taken into recess and continued in till February 7, 2017 at 9:30 AM.

Just for information the research I have done on preliminary hearings in California and the United States is the McMartin preschool preliminary hearing back in the early 80s was 17 months, I have not been able to find anything else in regards to the United States so it is safe to say the Frank Carson et al case will be the longest in history and probably by far the most expensive.

Congratulations Stanislaus County you’re going to make the record books, you should be proud.