FRANK CARSON et al 5-8-2017 (tom)





We were back in the courtroom again this morning to take up some motions. Judge Zuniga was on time to the courthouse, and things got going at 10:00AM with a rather lengthy In-Camera meeting in the judge’s chambers. At 10:52AM, everyone came out from the judge’s chambers, and we got some action.

The discussion immediately goes into Robert Forkner’s motion to dismiss due to prosecutorial misconduct. Judge Zuniga states that she can’t hear this motion because it is what she calls a common-law motion. Forkner wanted this motion to be heard by Judge Moody, who is going to conduct a 995-hearing concerning the ruling by Judge Zuniga that there was sufficient cause to hold Frank Carson, Daljit Atwal, Baljit Athwal, Walter Wells, Scott McFarlane, and Eduardo Quintanar over for trial. Judge Zuniga states that this issue concerns a possible violation of due process, and is outside the scope of a 995 hearing. Judge Zuniga states that Robert Forkner should make a common-law motion on this matter.

We now go into a motion by The People for Judge Zuniga to reconsider her ruling that released Frank Carson, Daljit Atwal, and Baljit Athwal on their own recognizance. Marlisa was very attitudinal in her beliefs that these defendants should be remanded back to custody.

Marlisa starts out by reading a letter that was written by Robert Woody’s attorney Bruce Perry. The letter concerned the time off for good behavior credits that Robert Woody was missing out on by having his sentencing delayed. It appeared to me that the focus on this was that Woody would get one day off his sentence for every 4 days served beginning on May 1st, 2017.

Marlisa now goes into the several reasons why she believes the defendants should be remanded back to jail. She states that when the court made its ruling to release the defendants it was because the defendants had not waived their rights to a speedy trial, and that a bunch of late discovery had just been turned over by the prosecution. Marlisa stated that the court did not release the defendants as a sanction, but to preserve the integrity of the preliminary hearing. Marlisa states that the court granted a short continuance to allow the defense attorneys time to review the new discovery. Marlisa stated that the defense benefited from the continuance, and that the situation has substantially changed now.

Marlisa states that The People laid out threats that had been made to Robert Woody and his family. She states that one or both of the Athwal brothers had contacted the Woody family during the trial. Marlisa goes into Article 1 Section 28 of the California Constitution that concerns the rights of the Woody family. Marlisa then states that friends and family of the defendants have threatened the Woody family by sitting in close proximity to them in the courtroom. I must assume that she was talking about people like Marty and I, and the wife of one of the defense attorneys. I don’t sit on that side of the courtroom very often, because I actually feel threatened by some of the low life people who are over there.

After Marlisa Ferreira makes her arguments, Judge Zuniga looks at the defense attorneys, and says: “I don’t need to hear from you.” Judge Zuniga: “Nothing has changed, if I had persisted in keeping the defendants locked up, this case would have been automatically reversed.” Judge Zuniga: “Motion denied.” Marlisa looked very “Butt hurt” by this ruling. It was obvious to me that the judge was upset with Marlisa for some of the things she said in her arguments.

We now go into a motion by Percy Martinez that concerned an effort to strike the testimony of Robert Woody because he lied on the stand and his testimony was coerced. Judge Zuniga makes short work of this motion by stating: “I already ruled on this motion against you, and I will not rehear this matter.” Percy Martinez: “We are moving to strike his testimonial agreement because of the lies and coercion. Judge Zuniga: “I am not going back to the coercive nature, I ruled already.” Percy Martinez: “We believe based on Woody’s lies during his testimony that it violates his plea agreement.” Percy Martinez: “We believe this court must rule on Woody’s truthfulness, he is very manipulative, and is prepared to lie for his plea agreement.” Percy Martinez: “Woody repeatedly lied about a black hand gun being held in Daljit Atwal’s hand, and he lied about Frank Carson’s involvement. Percy: “Woody said he lied about these things to help himself and to help protect his mother from perjury charges. Percy Martinez: “Woody and Patrick Hampton were housed together in Tuolumne County Jail, and Robert Woody told Patrick Hampton that he had killed Korey Kauffman all by himself.” Percy Martinez: “DA Investigator Steve Jacobson immediately stopped Patrick Hampton from continuing this statement, and Patrick Hampton or Robert Woody were never confronted with this again.” Percy Martinez: “This court has more than enough to rule that Robert Woody violated his testimonial agreement.” Percy Martinez: “Robert Woody has made more than 15 different stories.”

Robert Woody’s attorney Bruce Perry: “I don’t agree that Robert Woody intentionally violated his testimonial agreement, and I feel that the defense attorneys have no standing to be making these arguments.” Judge Zuniga: “I agree they have no standing.” Judge Zuniga: “Motion denied.”

Baljit Athwal’s new attorney Jai Gohel speaks about a motion that he will present by May 17th concerning an anticipated delay in the start of the trial. Mr. Gohel states that he has been working very hard to read all the case files, but that he thinks he will be needing some additional time. It appears that a hearing on this is set for May 22nd, 2017. There was some further discussion concerning Robert Forkner’s motion to dismiss due to prosecutorial misconduct. Judge Zuniga seemed to be struggling on what to do about this issue. At times, it seemed to be too much for her to deal with, and she appeared to be confused. Robert Forkner brings up a motion that Judge Zuniga did not remember, that still needed to be ruled on.

Judge Zuniga states that the trial should last approximately eight months. I would take bets that this thing will actually take twice that amount of time. Time is being used as a weapon by the prosecution. The prosecution wants to exact the most amount of pain they can on the defendants. A long trial is what the prosecution will strive for. In the end, no jury of 12 people will ever convict anyone of anything in this trial. Despite being acquitted, all the defendants will be financially destroyed. What a country.

Sincerely; William Thomas Jensen (Tom)




by Marty Carlson


Court was scheduled to start at 10 AM and all parties were present and all attorneys went into chambers for almost an hour.

Once court went into session in the courtroom Robert Forkner address the court regarding his prosecutor misconduct motion that has been pending for some time now. Judge Zuniga advised him that he is not going to hear the motion as it now goes to part of the 995 motion to be heard on June 5. The judge also gave some case citations regarding the 995 motion and they regarded mostly as to an error on the part of the magistrate. Robert Forkner claims prosecutors misconduct has denied the defendant’s due process.

Judge Zuniga advised the attorney that he had requested a list of all motions to be finished prior to the end of the preliminary hearing, this motion was not on that list. And now that he has ruled and he states that this is a procedural error or prosecutors misconduct it needs to be part of them 995 motion heard by Judge Moody on June 5. Judge Zuniga advised that he can no longer hear the motion as she no longer has jurisdiction on the misconduct motion.

At that point, Mme. DA read a letter to the court, as his letter had been supplied to all defense attorneys and it was in regard to Robert Woody’s credits for time served even though he is not sentence. The District Attorney’s Office has agreed to establish Robert Woody’s credits for time served as if he were a sentenced inmate under prop 57. In the starting date on this shall be effective May 1, 2017. So, at this point on Robert Woody gets 20% goodtime credits compared to 17%.

At this point the district attorney started their motion for increased bail or re-manned for the defendants and Mme. DA began arguing that the December 22nd Ct. date which resulted in the release of the defendants gave them a benefit from the judge. Marlisa also stated that the defendants had use investigators to intimidate the Woody family in the past, and the pop and cork is in close proximity to the Woody residence, and he claimed they have tried in the past to influence the Woody family and asked the court to consider the Kory Kaufman’s family as to Marcy’s law requirements.

The victim and the victim’s family should be treated with fairness and their safety should be considered. He also stated that the victim’s family has been overlooked and all defendants should be remanded to ensure their safety.

Interesting note during Mme. DA’s argument she stated that audience members have sat close to the victim’s family in court. As I have been in court every day I have seen that not to be the case except in rare occasions when they were actually there which resulted in complaints from the family and people were moved away.

The DA also said that Frank Carson had threatened everybody involved in the Cooley clan, which included Linda Burns, Eula Keyes, Charlie Odell, and others. He also stated that Frank Carson had made numerous threats to Michael Cooley and made several visits to the Cooley house forcing entry to at least the yard.

Once Mme. DA was done stating her case, defense attorneys began to talk in the judge told him that there’s no her response needed. Regarding the Kauffman family, the judge stated that he saved the Kaufman family from absolute certain reversal if any convictions were had, and that was certainly thinking of the victim’s family in regard to Marcy’s law. He also noted that the district attorney did not mention any new activities or misdeeds by the defendant since their release, since there was no new information the motion was denied.

At that point, Percy Martinez started arguing a motion regarding the Robert Woody testimony and agreement. He stated that due process calls for allowing 1/3 party question the testimony that was coerced by officers and the hopes of an agreement. The judge then cut off the attorney stating he has already ruled on this issue and did not want to go through it again. Percy Martinez continuing his argument saying that there was coercion in the testimony and was not given voluntarily as he had obviously lied on numerous occasions. Again, the judge stated previously she had ruled on this.

Percy Martinez wanted to make his record that Robert Woody told bold face lies concerning Frank Carson and Walter Wells on July 22, 2016 to help himself obtain a plea agreement and trying to help his mother Beverly after her attempt at perjury. In addition, Robert Woody was housed in the same cell with Patrick Hampton In Tuolumne County during his testimony, and had told Patrick Hampton that he had killed Korey Kauffman all by himself and no one else. Which was also contrary to what he was testifying during that same time. All his multiple stories that have violated his agreement.

Robert Woody’s attorney Bruce Perry does not agree with any perjury accusations but did admit he has told many stories off the stand but has been very consistent on the stand. He also noted that this motion was filed under the case number for Frank Carson et al. and not actually under Woody’s case number. He also stated that he is not actually taking a position either way, if this motion is granted it actually benefits his client.

Again, the judge denied the motion staying that the defense attorneys have no standing in this issue, Percy Martinez and put on the record is again a denial of due process of Robert Woody lied and does give them standing. That was the end of the argument on that motion.

Bobby Atwahl’s attorney Mr. Gohel advised the court that he was trying to be ready for the current June 19, 2017 start date of the trial, but was not sure about the new discovery this post to be turned over on May 19, and we advised the court after he received that discovery. The scheduled another hearing for May 22 for Mr. Gohel to update the court.

Robert Woody was scheduled to be sentenced today but it was continued in till August 17, 2017. Interesting note when the District Attorney’s Office requested the August date the judge asked August of which year, and said she was serious because this trial should last about eight months is the estimate.

At this point court was in recess with the next court date being next Monday, May 15, 2017 at 10 AM.