WALTER WELLS, SCOTT MCFARLANE
BY WILLIAM THOMAS JENSEN (TOM)
I am going to try to get this article done before a doctor’s appointment, so I will be brief but concise folks. The 995 hearing for Scott McFarlane and Walter Wells started at 10:30AM in Department 1 today. Judge Robert F Moody, of Monterey County was conducting the hearing.
Judge Moody immediately states that the way this proceeding was issued seemed to him that all parties just assumed that everyone was aware of the facts contained in the Frank Carson Et Al Preliminary Hearing. He then stated that the charges were obstruction of justice and accessory to murder. Judge Moody went on to state that he could not use the evidence that was presented in the larger Carson Et Al Preliminary hearing but was limited to relying on the evidence provided in the preliminary hearing of Walter Wells and Scott McFarlane.
Judge Moody says something about there being no evidence presented of the underlying homicide with regards to Scott McFarlane. He states that he can’t find any authority that he can take judicial notice of such evidence in the Carson ET AL Preliminary hearing. Judge Moody: “I can’t do that.” Judge Moody: “There is no evidence of the underlying crime.” Scott McFarlane’s attorney Larry Niemeyer concurs. Marlisa Ferreira states that she thinks that there is some showing. Judge Moody states that he sees only some small snippets of evidence that has been shown. Marlisa Ferreira states that the arrest warrants being served provided some evidence. Judge Moody states that the evidence does not show what the arrest warrants were issued for. Marlisa Ferreira counters by mentioning the wire taps and subsequent conversations that were intercepted showed that both defendants knew that a Felony was committed. She states that Scott McFarlane asked Daljit Atwal what was contained in the search warrants. Marlisa Ferreira then states that Eduardo Quintinar told Scott McFarlane about the search warrant at Pop N Cork Liquors, and Daljit Atwal’s residence.
Judge Moody states that these are all “Tid Bits.” Judge Moody states that the record before him now on Scott McFarlane shows that the prosecution had relied on their huge knowledge of the Carson ET Al Preliminary Hearing. Judge Moody states that there are some possible “Fixes” available for the prosecution. He mentions a possible 995A hearing. Judge Moody states that he feels the record is insufficient concerning Scott McFarlane because there is no proof presented to him that Korey Kauffman was murdered by the Athwal brothers and others. He states that there is insufficient evidence to hold Scott McFarlane over for trial as an accessory to murder.
Judge Moody then states that Walter Wells was part of the “Big Transcript.” He states that because of this, these problems do not exist, and the matter was thoroughly briefed. Walter Wells’ attorney Peter Rodriguez argues that the biggest issue concerns intent, and knowledge of a crime being committed. Judge Moody states that: “That is concerned with intent.” Peter Rodriguez: “We have thoroughly submitted our position, and we will submit.” Marlisa Ferreira states that she will submit.
Judge Moody states that there is evidence that shows that Walter Wells was connected to the Athwal brothers for a long time. He states that the evidence shows that Walter Wells was at Pop N Cork Liquors on 03/31/2012 in the early pre-dawn hours on the night that the body of Korey Kauffman was allegedly buried on a side lot next to the store. Judge Moody states that Judge Zuniga had stated that she found Robert Woody to be credible in his testimony. Judge Moody states that the inference is that Walter Wells was aware of the: “Elephant in the Room.
” Judge Moody states that so called cell phone expert Jim Cook’s cell phone mapping shows that Korey Kauffman’s cell phone was used numerous times after he was allegedly killed. He states that the cell phone was allegedly in the same location that Walter Wells was and Pop N Cork liquors is located. Judge Moody states that this appears to make it appear that Walter Wells was trying to make it seem like Korey Kauffman was still alive. Judge Moody then talks about the burning of the pickup truck that allegedly was used to transport the body of Korey Kauffman. He talks about intercepted text messages and cell phone calls. Judge Moody then states that there is some evidence to suggest that Walter Wells supplied some money to buy silence from Robert Woody. I heard nothing concerning this in all the time I spent in the courtroom. At this point, Walter Wells’ mother Terri Locke is heard saying something about this being BS, and storms out of the courtroom. Judge Moody states that there is sufficient evidence to hold Walter Wells over for trial for conspiracy to obstruct justice, and being an accessory to murder. Judge Moody denies the motion by the defense. Judge Moody now wants all the attorneys to meet again today at 4:00PM to discuss options.
Sincerely; William Thomas Jensen (Tom)
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