FRANK CARSON et al 9-25-2017 (Marty)

CONTINUED 995 MOTIONS

By Marty Carlson

9-25-2017

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Today’s session with Judge Moody started promptly at 11 o’clock and the judge advised going to hear arguments to set aside the complaint against Frank Carson et al.

Judge Moody advised that the people have complied with his minute order request and the judge complemented the work that was done by the District Attorney’s Office in the way it was compiled. Apparently, they use a spreadsheet format and there were 31 pages of information.

This is what the defense’s motion Robert Forkner started out argument to the court stating the district attorney’s response done on a spreadsheet is dreadfully pitiful. He stated there is 140 items detailed in the response and none relate to Frank Carson et al. The judge interrupted and disagreed with him at that point.

Robert Forkner went on to say there is no evidence on the record of Frank Carson have been any intent to commit a homicide. He did not have any intent to aid in that bed prior to during or after the alleged homicide. He referenced Robert Woody’s testimony and interviews where he constantly stated Frank Carson continually said, “don’t hurt anyone.”

Robert Forkner argued that shows the Frank Carson had no felonious intent, and their star witness, Robert Woody, excludes Frank Carson from any of the activities that allegedly occurred on his property or otherwise. He said there’s no aiding and abetting whatsoever.

At that time Bobby Atwals attorney, Jai Gohel, address the court saying the beating testimony by Robert Woody was not clear, there is no clear record of a felonious assault occurring. District Attorney’s Office own theory was his client was authorized by Frank Carson to be on the property. There is no clear evidence of a weapon by his client being used or possessed.

Peter Rodriguez, Walter Wells attorney, address the court and stated at this time they want to withdraw their joiner in this motion and in this hearing.

Marlisa Ferreira then began her argument and stated the language in the minute order was difficult and says there was too short of a time frame to research all the information. She stated that they have submitted 200 exhibits in this case and that there is a lot more information.

Their theory is Frank Carson had intent to kill through aiding and abetting, and was giving numerous citations of the law books. Judge Moody at this time asked her if they contend it’s a felony murder case, which Marlisa Ferreira initially said it was not but then changed what she said.

The DA said there is evidence of intent on the night of their theory that was encouraged and or facilitated.

Judge Moody asked if the 31-page worksheet is not complete then it is okay to do it orally now. He wants the DA to finalize what their theory is in the evidence that supports that. He stated there is no personal information of Frank Carson involved in the homicide.

Mme. district attorney again cites some cases and judge Zuniga is comments during her ruling, stating “Frank Carson put this whole thing in motion.” And again, cites some cases showing existence of the elements of that crime. She again referred to judge Zuniga statement of setting this whole thing in motion and says the defense’s claim of no wanting to hurt anybody is disputed by the threats to Mike Cooley which was testified to by Linda Sue Burns, Eula Keyes, Sabrina Romero, Justin Reedy and Amber Keister.

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The district attorney also noted the testimony of Patrick Hampton that said Frank Carson wanted someone “Fucked up.” At this point Robert Forkner objected stating that there is no evidence that Frank Carson never said that the Patrick Hampton it was only Hampton’s wild imagination. The judge stated its argument and she can continue on.

Mme. DA stated that Frank Carson went to Mike Cooley’s house numerous times and made threats, and again she cited the Cooley clan testimony, she stated that Frank Carson had stayed in the backyard at night with a gun to catch someone coming into the yard and who had actually enlisted Christine DeFilippo as an accomplice. She referred to Frank Carson being stop by Turlock Police Department in the past doing surveillance on the Cooley property. Mme. DA also noted constant contact between the Atwals and Frank Carson in regard to the Robert Woody case.

She also noted that Robert Woody had made some misstatements and some of his interviews and testimony. One of those being a statement that he made after Korey Kauffman was killed and after Robert Woody’s charges were dropped Frank Carson had them make threats to Mike Cooley on Cooley’s property. She also noted that there was some people in the backyard that one night that was testified to by the Cooley clan and one or two those people had long guns in their possession.

Robert Woody had testified that the pipe beating was done by Baljit Atwahl, she also noted to Korey Kauffman had told people that he was going to get those pipes that were allegedly TPD in the backyard, then said how is it that Bobby Atwahl shows up the night that the pipes were put out. She said Frank Carson’s intent is clear along with the Atwal brothers. Mme. DA says there is nothing in the record to support the pipes used as bait that there is a highly circumstantial case and there are strong inferences that can be made based on the occurrences that she is talking about.

Mme. DA said Frank Carson had private investigators try to talk to Woody at the pop n cork, the Atwahl brothers were talking to Frank Carson regularly in regard to Robert Woody, and after the search warrants had been served during the investigation. She also noted behavior Frank Carson on the visit of the officers to his office and Frank Carson simply threw them out, refusing to talk to them. Frank Carson then notified the Atwahl brothers about the visit and he gave them access to his property on ninth Street. The DA said the gates were locked so there was no access unless they had a key, which led to an objection by defense is there was no proof of that.

During one of the wiretaps Christine DeFilippo had stated that Frank Carson was the only one with keys to the buildings and the containers that she did not say anything about the gate. She also referred to the incident with the individual was caught stealing in the backyard and happened to make an escape after struggling for his bicycle, and the Robert Woody reenactment in July 2015 until the gates were locked. She also noted subsequent conduct after the wiretaps by Frank Carson and the Atwahl brothers all leaves to these inferences.

Mme. DA stated that Frank Carson premeditation is noted in previous threats to Michael Cooley, where he said he was good he could kill him and make them disappear, and we witness by numerous amount of witnesses that lived in the front house. She said the Frank Carson was seen peeking in the Windows of the Cooley property, and referred to the text between Georgia DeFilippo and Christine DeFilippo about the motion sensors and alarms that has been placed on the property. She also noted the fight between Daljit and Kory at the PNC, and noted that Kathy Grinolds had testified that she saw three people on the roof of the garage the night of the alleged incident in those three people are also seen by Ricky Cooley.

Marlisa Ferreira at this time started going through her worksheet that she had submitted to the court and the judge advised her that he could read.

She went on to say from 2011 on Frank Carson had become obsessed with the thefts on the property, and told Mike Cooley he would deal with him. She then said she is asking us court to draw inferences of the totality of the evidence as there is no direct evidence.

 

Robert Forkner then countered saying the people mentioned by the District Attorney’s Office is part of the Cooley clan which is a meth ring of Linda Sue Burns, Eula Keyes, Ricky Cooley, Keith Hobbs and others. The statements made by the Cooley clan contradicts Robert Woody and Robert Woody statement also contradicts their statements. He stated law enforcement was called during the Mike Cooley disturbance, and not call was made by Georgia DeFilippo. When the police arrived Mike Cooley made no mention of a threat to the officer on the scene taken the report. He also noted that all the people mentioned by the District Attorney’s Office could not possibly all been there at the same time as a doll did not live there at the same time.

He stated that judge Zuniga ruling she stated that Bobby Atwahl had left PNC 15 to 20 minutes before they were called to go over the Carson property. He did not leave earlier in the day that the District Attorney’s Office is contending. The judge also noted there was no evidence a gun was taken to the property or intent to kill.

Attorney Forkner stated that on July 15, 2012 search warrants were served on numerous properties of Frank Carson, PNC, the Woody house, and the Atwals residences. Of course, at that time Amanda Frank Carson stature would be hiring private investigators to look into what’s going on. He stated that is a natural thought process. He stated there is no record of anyone discussing or even contacting each other just before during or after the theory date of the homicide. He stated that the District Attorney’s Office is asking the court to believe only part of the Robert Woody testimony but not all of it as is being disputed by the Cooley clan. Judge Zuniga also noted there was no flashlight, any other type of weapon like a stick, in Bobby Atwahl’s possession at the property. And he repeated that Mike Cooley had never said to anyone else except late in the investigation to investigators about the threats to him by Carson.

At this time, the district attorney then noted that all the people that she listed earlier as part of the Cooley clan shows that they were all living at the resident different dates so of course they were not all there at the same time. She noted the judge Zuniga had found that several of the witnesses were credible, and that Daljit had intent when he pulled the gun. She also reiterated that Bobby Atwahl was not at the store in the evening and they had worked the day shift.

That was the end of the hearing and the judge advised there is no need to reschedule future dates as he will take it under submission and they will be notified when he’s done with that, noting it will take some time. That was the end of the hearing.

Next hearing in front of Judge Zuniga scheduled for tomorrow at 9:30 AM

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