Good morning everybody, this is Marty from Dawgsblog in the noontime report of the morning session of the Frank Carson et al trial on October 9, 2018.
Court was scheduled to start at 9:30 this morning and the judge got on the bench at 9:59, after having attorneys in chambers for quite a few minutes and apparently juror number eight is sick again, this is the same juror that had been sick for some time. We’ve had some long delays due to that, and they did tried to contact him again to see if he could come in at 1:30 this afternoon and discuss situation with him but were unable to do so. At this point, the judge and the clerk started researching the days with the issues with this juror and again she stated she gave the opportunity to come in this afternoon. This afternoon, they were not able to reach him and they noted on July 18, juror was sick, August 23, the date of the dog bite 8/24 was the asthma attack 9-12 was sick, 9/13, was sick, 9/18 in hospital and today 10/9 called in sick. At this point, Judge Zuniga said that she found good cause to this messenger and then another juror was picked to take his place. Once the jury panel was called up, and we were waiting for them to get upstairs, Marlisa Ferreira gave a list of the upcoming witnesses; some law enforcement officers, Robert Branco, Robert Lee Woody, that’s Robert Woody Junior and reporter from channel 13. Also, there was a Tamara Carnilage, a dispatcher that was going to be called, Corey Brown is back. There is a Paul Springer and Ryan Schmidt all to be called in the upcoming days. She also buys a Jack Able through attorney had advised the District Attorney’s Office that he will invoke his Fifth Amendment rights when he’s called to testify. She also noted that all Scott McFarlane discoveries has been turned over and she had her office staff now re-writing her pitches motion and Judge Zuniga noted that it was written. The pitches motion in regard to the statements that were made by Scott McFarlane in his personnel hearings with the CHP in the past and Judge Zuniga noted that the motions were written as Scott McFarlane was a defendant in this case, and if that’s the case Judge Zuniga would not be able to receive the motion. Scott McFarlane is defendant in a separate case now as he was released from the prelim as charges were dropped and then refiled and went to another judge. So the motion had to be re-written that he was a witness in this case, not a defendant.
So at this point, the jury was up, they were seated, the new juror took over her place on the panel, on the regular panel. And a January Siphan was called on the stand. Mr. Siphan is a Police Department officer, has been a police officer since 2005. In November 2013 he was working in patrol and responded to a call at 1115 Street which is Frank Carson’s office, and when he arrived he saw the front door to the business had been shattered, the window glass had been knocked out of the door. They cleared the office and drawers were ransacked and some files had been opened. Frank Carson arrived , he said within an hour, and he asked Frank Carson to see if anything was missing. Frank Carson was not sure about anything taken. He asked Frank Carson he suspected anyone, a name Mike Cooly, he is a thief and a suspect. He gave Frank Carson information about some victims rights and the property sheet to fill out if he found any missing property. He said the property sheet never was returned. He also took some photos of the business of the damage and offices that were ransacked. There were photos 452 to 460 photos were also shown on the overhead in the courtroom. The front door and glass had been smashed. Doors opened and ransacked and in looking at the photos that were put up, the one officer cabinets and opened up a second office, has been opened up and ransacked, the conference room in the building was not disturbed. He said Frank Carson was initially calm when he got there, he started to get upset and noted four months prior he had a vandalism there. He said he kept talking about Michael Cooly is semiannually seem to work after, he never interviewed Michael, that’s all the DA had of this witness.
Percy Martinez went to cross when he said, did you put in the report that Frank Carson was angry? He said, no, the officer was with the field training officer as he was new to the office and so he was working under supervision of the field training officer. Again. Percy Martinez asked him if Frank Carson have to do the 459 and prior vandalism that occurred and he pulled a picture number 46 as showing some of the damage and stuff to the front door and stuff. Percy Martinez asked the officer, when he arrived at the scene and it was 8:06 AM, that he arrived and the report had come in at 5:45 and there were two hours later, after the call initially came in, that he responded. He got the call, he was there within a minute call. Percy Martinez also asked him if the property sheet or the inventory list has to be filled out if there was nothing taken. He said well no, typically do not fill out if there’s no property taken, and again he said Michael Cooly was never contacted. No further questions of any of the attorneys on this witness. He was off the stand.
At this time, Robert Branco was called to the stand. Robert Branco lived at the Woody house and that Woody houses are grandma and grandpa’s house as he called it his cousin. His uncle is Robert Woody, who’s in custody on this case and his cousin is Robert Lee Woody, the younger Woody. He also said that in 2012, he knew Dy, Bobby and Dy Atwal, but mostly it sounds like he had conversation with Dy as he did some work at the Pop n Cork on occasion and he did that work in 2012 to 2014. In 2013, he didn’t do a lot of work over there. He said he stopped working when he was told he is no longer needed. In 2014, Robert Woody had worked there, his cousin Robert Woody at work there prior to 2014 and he talked to Dy and By, Dy Bobby Atwal regularly. He said he never heard the name Korey Hauffman mentioned but Dy did expressed frustration with Korey Kauffman’s theft at Frank Carson’s property, so he immediately contradicted himself. He said that Dy was angry with the thefts that were going on with the lawyer as he said he did not know the lawyer’s name at the time. He knew Korey Kauffamn from the streets, had a couple of interactions with him and he said that Dy said the Korey Kauffman wasn’t listening to them in their warnings. Given a review of the transcript of Kirk Bunch report, Corey Kauffman kept stealing and they were getting frustrated with Korey Kauffman ongoing stealing. That’s what he told Kirk Bunch report in 2014. Said he told Kirk Bunch that they were going to rough, the Atwals were going to rough Korey Kauffman, unknown when the conversation he had about Korey went missing, that he knew for sure this conversation occurred prior to Korey Kauffman, the conversation with the Atwals occurred prior to Korey Kauffman went missing. He said Dy said something need to be done, antiques were missing, Dy never said he tried talking to Korey Kauffman to him. He also said he quit talking to the Atwals after he found out his uncle had been accused of murder. He did talked about when he was working at the store and there was a shoplifter at the store in 2014 and that Dy had gotten in a scuffle with Dy outside the store and fired a couple of rounds up into the air and he had heard the shots fired. He was not sure where Dy had carried the gun or where he got it from. Law enforcement was called, unknown if a report was made. They also said that Dy was mad when he returned into the store and also that was asked if Dy Atwal and talk about Korey Kauffman, was Robert Woody presently, he said yah, that occurred at Pop n Cork and this was after the Korey Kauffman went missing, but then Dy never said anything about Korey Kauffman again. He was asked if he was at the Woody house when the search warrant was served in 7-15 at 2012, he said, no, he did not recall telling Kirk Bunch that he knew a search warrant had been done yet. Atwals came to the house in the summer of 2012, he said, no, he wasn’t aware of that. Asked if they talked about the Atwals about being investigated, he was, and he was not aware of that he was not present when Robert Woody was taken into custody and he said as far as he knows that Daljit and Baljit Atwals were never gone to the house that he was aware of. And again he repeated that he stopped talking to Dy and Bobby Atwal when Robert Woody was taken into custody. That’s all the DA had with him.
Attorney Hans took over the questioning mostly involved Dy and he said that he stopped talking to Baljit and Daljit after Woody was taken into custody and now that the rest was in 2014, now it was unknown when he stopped working at Pop n Cork, said that was also in he believes early 2014. He was asked about three generations of Robert Woody’s in the house; the grandfather, Robert Woody senior, uncle Robert Woody and his cousin Robert Lee Woody as a junior, I believe. He said he would not lie for his cousin. He was asked when he spoke to Kirk Bunch on 2-26 of 2014, if he was truthful and he said yes, and asked if he would if Kirk Bunch asked him if he would lie for Woody, and he said a little bit yeah, said he could lie but not in a homicide investigation. There was also a second interview at 8-19 of 2015, that some of these statements were made.
That’s where we ended for lunch, will be back at 1:30. That will be Bronco still on the stand.
Don’t forget the podcast tonight.
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