JUDGES RULING: 4 HELD TO ANSWER
by Marty Carlson
Court did not go into session till about 10:22 AM, note the courtroom was full and all the show of force with police officers sitting behind Melissa Ferreira was there again, and a couple sitting in the gallery.
Immediately the judge began chastising the gallery what he no responses from either side and her ruling. She said no one will will clap no one will respond or they will be escorted from the room, but she was mainly putting her comments towards the defendant side of the room, which I took as a bad sign right from the start.
She then turned to Mme. DA Marlisa Ferreira and stated “brace yourself” it started talking about Beverly Woody’s testimony that she had under advisement to strike and at this point was going to do so such a thing. Remember there were parts of Beverly Woody’s testimony she did not strike previously and she stated that some of the things that Beverly Woody stated, like getting information from Robin Attenhoffer, was not substantiated by Robert Woody and his statements about when he came home and told his mother about what happened and he stated then the only ones there were Bobby and Dee. Robin at and Hoffer was never mentioned in the conversation according to Woody’s testimony.
She then confirmed what she was saying by reading a large portion of Robert Woody’s testimony and what he is said he did when he came home that night and talk to his mother, and then when she was done she says Beverly Woody’s total testimony has been stricken.
The judge started talking about how tough these rulings were because the amount of evidence had been presented in the last 18 months and is not the normal for a preliminary hearing. And basically she determined things based on the final arguments and how it applied to the evidence and she said there was bits and pieces that apply.
She talked about how there was testimony about events that were years prior and there was not an ability by officers to testify without the reports is a could not remember. She also stated there was a lot of misstatement of evidence by all attorneys and evolved and there were some arguments by the District Attorney’s Office that were made not supported by the record in things where very contentious, which made it that much more difficult.
She also stated there was quite a few misrepresentations or misunderstandings of the law by all attorneys and start giving citations from the Justice Simmons book. She also included the reading of the 872 of the Penal Code and what is required for a hold order. She started a long narrative of other case law in regard to probable cause and elements of a crime and the witnesses believability. She also discussed the bit about the weight of the evidence.
She discussed the confusion of some of the witnesses and their inconsistencies, and Mike Cooley talking about his ongoing feud with Frank Carson, in addition to the threats he said he kept receiving. She stated that testimony was corroborated by Linda Sue Burns, Ronald Cooper, Ricky Cooley, Charlie Odell, and Eula Keyes. She also stated that Eula Keyes constantly “qualified” all of her answers while on the stand but not when she was confirming Michael Cooley’s testimony. She also stated some police reports confirmed some of the testimony.
The judge also considered the witnesses background and records, then also stated that even murderers and robbers are capable of telling the truth.
She noted that during Ricky Cooley’s testimony what was said had resonated with the court and was believable. She also referred to the flyers that were distributed by Frank Carson listing suspects and missing property, and Linda Burns being followed. She stated that Linda Sue Burns was not believable what she said about the pipes but there was too much other testimony by others in regards to the TeePeeing of the pipe.
She also stated that Frank Carson hiring a private investigator to find a missing person at that juncture is not credible. She also discussed the situation were Linda Sue Burns and Eula Keyes had gone to Christine DeFilippo’s house and was never denied by Christine DeFilippo but there seemed to be confusion on everybody’s part about the timeframe, that again is due to the length of time involved.
She discussed the testimony of Kathy Greenwald and are having a memory recall from a newspaper article sometime later was also credible.
In reference to Robert Woody she’s he admitted that he had lied many times, he had endured an extensive and in a hostile cross examination. Robert Woody is street-smart and a manipulator and she had watch 7 to 10 hours of his tapes of interviews, and watched his reactions while on the stand to the videos and the audios. Even though there were many inconsistencies and he did lie on numerous occasions there is an element of consistency in his testimony. Mainly during the fight in the activities surrounding the fight and what happened later on.
She said that she claimed Korey Kauffman was killed by Daljit Atwahl and later the body was moved to the mountains, that testimony all remained consistent. She also believes that Frank Carson did ask the Atwahls to watch his property. Korey Kauffman did tell Michael Cooley he was going to take the metal on the property but not necessarily those particular pipes. And testimony did confirm the clothing that Kory Kaufman was wearing. Dr. Cavanaugh had testified there was no blood on the remains, and she noted that the DA insisted to question him on the blood asking him if he had used any aid as an lighting to look for stains.
At this point we are coming close to the noon hour and the judge one to finish for the day and after a long conversation with all court staff she decided to continue on and finish her ruling.
She referenced the testimony by Patrick Hampton, especially the second time while in custody, she found him at the most amusing and was just enjoying being the center of attention, and he had no concern with the truth are just doing the right thing at all. His only goal was to antagonize attorneys to get responses. Patrick Hampton had an agenda that had nothing to do with this case. Just play with the attorneys, she stated she was not credible in any way shape or form.
As I have continually said myself Patrick Hampton was a joke he always will be a joke and is made fools of these district attorney’s investigators.
She started with Georgia DeFilippo, but did referred to her as Carson constantly.
There was no evidence whatsoever put forward to George’s involvement in the homicide and there’s no hold on the 187 charge and the accessory charges also were dismissed no holds whatsoever on anything.
she never knew anything about a felony let alone a homicide had been committed so she never acted as an accessory to any crimes no hold is ordered all charges are dismissed.
the judge had an extremely tough time with this ruling and did say this was the toughest decision of all of them that she had to make. In fact, while she was making her ruling it was obvious she was still struggling with this decision.
The 187 charge had already been dismissed by the district attorney, but is going to be held on the accessory charge.
She said there is some telephone information that is troublesome, for both sides, and she a reasonable person could believe that he had the phone. The cell phone records on the night of the theory, even though the DA changed the timeframe in her final argument, the judge still was even having second thoughts while she was giving her ruling.
To be honest with you in my opinion that does not rise to the level of probable cause if the judge is having that much trouble with the ruling. Nonetheless he is being held on the accessory charge
all being held on the homicide charge and stated that Frank Carson had actually set this process in motion with the threats to Michael Cooley that were testified to.
She did note the special circumstances part of the case is dismissed and cited some case law, as there does not seem to be any intent nor evidence of any weapons used even though she’s given Robert Woody credibility, she also stated there no intent to kill. So the special circumstances is dismissed.
Frank Carson perjury charge
he is held to answer on the perjury charge and she referred to the government code section that is allowing amendments to the form, but do to the lateness of the amendment of the form it was not done in good faith.
The judge also at this time chastise the district attorney stating this charge is badly disjointed and not part of this homicide case and has no business being here.
All held defendants were giving a date of April 24 for further arraignment.
At this time the district attorney requested that all held defendants be taken into custody the judge immediately cut her off. She stated the special circumstance aspect of the case is gone, and unless there is other information since he been released that they are threat the flee.
The judge also noted at this time that she released the defendants on December 22 due to the activities of the District Attorney’s Office with discovery and she did it to save the case for the District Attorney’s Office.
That comment struck me as very funny and unusual as I did not feel was appropriate for a judge to save the case for anybody they just have to administer justice according to the law.
Mme. district attorney again arguing with the judge about the Brady issues involved in the release of the defendants and the judge again cut her off saying it was the activities of the District Attorney’s Office with lack of discovery that caused that. And then Marlisa Ferreira then made a long argument about the defendants being remanded, and the judge stated she is not going to do that.
The district attorney then stated to the court the defendants have been ordered not to have contact with each other but have been doing that at the courthouse before each court date and request GPS monitoring of these defendants.
Simple solution if you don’t want defendants having contact each other dismiss the case if you asked me.