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)


One comment

  1. Just for information Marlisa Ferreira was not referring to Myself or Tom sitting near the victims family. One of the victims family had approached the DA very quickly when she pulled up in the parking lot and had a long talk with her and there had been a couple of incidents of people sitting in the front row on the victims side during the 18 months of the prelim.
    Sadly the victims family has not had a regular presence in the court for long periods of time, and even though the seating had been respected, once they stopped coming some people did use that seating for a variety of reasons.
    Another attempt by the DA to just throw some smut around the courtroom.

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