FULL DAY PAY ½ DAY WORKED
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.
At this point court was in recess with the next court date being next Monday, May 15, 2017 at 10 AM.