A week ago, Marlisa Ferreira, the deputy district attorney that’s in charge of the Frank Carson et al. preliminary hearing had made rebuttal to the defense attorneys’ final arguments. I found her rebuttal to be extremely uninformed and nothing but opinion as it appeared she had no facts or evidence to back up her claims. This here is going to be a multipart series and a critique of that argument.

She went down the list throughout the final rebuttal, listing the overt acts. In her rebuttal, she was talking at a very fast rate and it was difficult to keep up with and take notes too. This is the information that I came away with as factually as I can.


It must be noted too that when she started her final arguments for some reasons, there were additional six investigators lined up behind inside of the bar. Those investigators were Modesto police Dept. Detective John Evers, DA investigator Dale Lingerfelt, Sheriff’s Dept. Deputy Corey Brown, John Brody CDCR, Frank Navarro Turlock PD, and Sheriff’s Dept. Deputy Barringer. And Kirk Bunch at the DA’s side.

Also of note during this time of this 17-month hearing, these officers have been there on a daily basis, and for some reason they felt the need to be there constantly even when they were not testifying. Also, noted during this 17-month hearing, they were constantly monitoring the people in the gallery and taking pictures at the parking lot somehow feeling the need to monitor people coming to court or maybe just for other reasons.

It appears to me that the officers spending all that time in court could have made better use in actual law enforcement capacities as these are all detectives and there is a large amount of crime in this area that was not being addressed by these officers who are in court and not out there doing their jobs. In John Evers case, the days that he was not in court; which are few, he was then meeting Kirk Bunch and Marlisa at lunchtime spending 1 ½ to 2 hours with them during the day. Then he came to Hughson, along with two other officers from the DA’s office, to talk to the blogger in the back of the room on an allegation of a phone tip called into the DA’s office. See video here

Also of note was agent Brodie of the California Department of Corrections and rehabilitation, who had spent at least the last six months in court every day just sitting back behind the district attorney and not even dressed in proper court attire. It also appeared that he felt the need to keep close observations on the gallery while court is in session and what some people would call “mad dogging” the gallery.

In addition, to the best of my recollection, agent Brody testified that there was no polygraph done on Robert Woody and there were no recordings of transportations of Robert Woody from Tuolumne County when he was involved in those transports. Those statements turned out to be not true, just as the district attorney’s office representation that there was no polygraph given to Robert Woody even though it was done at their office in 2014.

Both the polygraph and recordings of the transportations were finally admitted to by the District Attorney’s Office

Here are the overt acts listed by Mme. district attorney in her rebuttal argument; keep in mind she was talking so fast I was unable to keep up with everything she said:

  1. Using private investigators to investigate the Korey Kauffman case which showed a consciousness of guilt. These investigators were hired after the search warrants were served on the property. The DA stated the use of private investigators shows sinister motives and a connection to the Atwals.
  2. Frank Carson was obsessed with locks, was adamant about getting locks replaced that were cut off after the search warrant, somehow wanting to lock up his property showed a consciousness of guilt of some sort.
  3. She also commented that Robert Woody Senior and Robert Woody Junior were not part of the Mike Cooley clan and all the other criminal players listed in the defense argument.
  4. Korey Kauffman went to steal the metal at Frank Carson’s property, even though personally I have seen no proof of that in the entire time I’ve been sitting in court.
  5. That Patrick Hampton’s and Ronald Cooper’s testimonies show solicitation and there is no indication she said that they actually knew each other so they were independent corroborating statements.
  6. Ricky Cooley said he saw three or four Hindus wandering around the property at some point prior to Korey Kauffman going on missing so they were using armed guards.
  7. The statements by Kimberly Stout and John Paden as to the threats that were made to Kory Kaufman were done at the behest of Frank Carson. Also, note that as John Paden had contacted investigators said they had put his statements wrong in the Ramey warrant.
  8. She also stated that the Atwals can steal their own property as in the truck, if they reported it stolen.
  9. The District Attorney’s Office claims that the lawsuits filed by the Atwals against law enforcement shows an attempt to obstruct justice. Personal experience shows that lawsuits or complaints have never obstructed justice.
  10. She stated that Frank Carson had filed some briefs and other clients cases in an effort to gain information on wiretaps that may be done on his phones.
  11. Michael Cooley said that he was told to keep his mouth shut and that was taken as a threat.
  12. As far as Walter Wells, Edward Quintanar, and Scott McFarlane are concerned they were involved as to advising others on how to counter surveillance and look for GPS devices on their cars.
  13. She also stated that Walter Wells cell phone hit on the same towers and sectors as Korey Kauffman’s phone after he disappeared. But there was a lot of testimony by Jim Cook that was disputed and outright proven to be false based on the information provided by the investigators.
  14. He stated that Robert Woody was told to flee the state and given $900 to go to Washington to visit his kids. She did mention that was a regular thing with Woody as the kids needed help and he would normally go to Washington.
  15. In addition, dental work for Robert Woody was paid for by the Atwals.
  16. She said there were jail phone calls that were made confirming that the Atwals will help Robert Woody with representation and bill.
  17. In the last overt act, was the actual movement of the body to Mariposa County where Robert Woody knew exactly where the body was when he was taken up there by investigators. The problem is that’s not what he testified to.

    In addition she said the amendment that Frank Carson made to the form 700 was done much too late, even though there is no time frame in the statute, Thus the perjury charge should be upheld.

These are the list of the overt acts as represented by Marlisa Ferreira and I will be listing some other information in the next few days as we go towards the judge’s ruling on April 10.

Also of note, my personal opinion is that the rebuttal given by Mme. DA was poorly thought out and was just a repeat of their original theories at the beginning of this hearing and not based on anything shown in the evidence. In addition, she used a PowerPoint presentation even though the judge has expressed her dislike for those presentations in the past.