FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
WEEK 25, DAY 84
ANOTHER ONE BITES THE DUST
We start out late again this morning at 10:00AM. Judge Zuniga announces that one of our frequently sick jurors is once again not present in the courthouse. She states that he is not answering his telephone. Including today, this juror has been missing in action eight times. He is dismissed from the jury, and an alternate juror is seated in his place. We are now down to three alternate jurors. If Marlisa Ferreira continues to put on irrelevant witnesses during her prolonged case in chief, we could possibly run out of alternate jurors. Judge Zuniga states that Jack Abel’s attorney, who the prosecution wants to call for a witness, has decided to invoke his right to claim his 5th amendment rights, and not testify.
At 10:42AM, Marlisa Ferreira calls January Siphan to the stand. He is a Modesto Police Department Officer. He has worked for the MPD since 2005. Prior to that, he worked as a probation officer for Stanislaus County. On November 20, 2013 he was called to the Law Office of Frank Carson. Frank’s office had been broken into during the night. When he arrived, he found that the glass on the front door had been shattered. He immediately entered the office accompanied by a field training officer that had accompanied him. After determining that nobody was inside the office, he observed that numerous files and drawers were open, and had been ransacked. He contacted Frank Carson, who arrived about one hour later. Frank Carson was not sure if anything had been taken from his office. Officer Siphan asked Frank Carson if he suspected anyone for committing the break in. Frank Carson told him that he suspected that Michael Cooley might be involved. Officer Siphan provided Frank Carson with a Victim Information packet, and a stolen property list that he could fill out. Officer Siphan states that Frank Carson never handed in the stolen property list to the MPD. Officer Siphan states that he took some pictures of the office. Marlisa Ferreira enters the People’s 452-460, which were these pictures. They are entered into evidence.
When Officer Siphan entered the office, he states that the lights were off, and many desk drawers were open, and had been ransacked. He states that some blank checks had been ransacked. Officer Siphan states that Frank Carson was initially calm, but then later became upset. He states that Frank Carson talked about how his office had been vandalized four months prior to this breakin. He states that Frank Carson was semi-angry about Michael Cooley. Marlisa Ferreira has no further questions at this time.
Defense attorney Percy Martinez points out that Officer Siphan did not put down in his report that Frank Carson was semi-angry about Michael Cooley. Percy Martinez points out on one of the pictures where the mail had been ransacked on the desk by the front door. Officer Siphan states that he and his partner had crawled through the door where the glass had been shattered. He states that Frank Carson had opened the door with a key when he arrived at his office. Officer Siphan states that he arrived at Frank Carson’s Law Office at 8:06AM, and the break-in had been reported at 5:45AM. I assume Frank Carson’s office was open to the world for over two hours after the break-in. Great service from our MPD (NOT.) Percy has no further questions. Officer Siphan is allowed to step down from the stand.
Marlisa Ferreira now calls Robert Branco to the stand. He lives with Robert Woody Sr., and Beverly Woody at 1130 East Ave. in Turlock. Robert Woody, who confessed to the murder of Korey Kauffman is his uncle. Robert Branco recognizes Daljit Atwal in the courtroom. He states that he knows Daljit Atwal from working at Pop N Cork in the past. He also recognizes Baljit Athwal in the courtroom. He testifies that Daljit Atwal told him, in the middle of 2014, that he no longer needed him for work. He states that Robert Woody had worked for Pop N Cork Liquors before he worked for the store.
Robert Branco testifies that he had a conversation with Daljit Atwal, and Baljit Athwal, and they never mentioned Korey Kauffman. He states that later on, Daljit Atwal expressed frustration with Korey Kauffman about his stealing from Frank Carson. This was objected to, and his answer was stricken from the record. Marlisa Ferreira then gets Robert Branco to state that Daljit Atwal was angry about some fellow stealing antiques from Frank Carson. He states that he later learned that this person was Korey Kauffman, and that he had heard this from Daljit Atwal. Robert Branco states that Daljit Atwal had told him that Korey Kauffman was not
listening. Robert Branco testifies that he told DA Investigator Kirk Bunch that Daljit Atwal told him that he did not like Korey Kauffman. Marlisa Ferreira tries to ask Robert Branco a question, and he gets refreshed. After being refreshed, Robert Branco states that he told Kirk Bunch that Daljit Atwal had said that he was very frustrated that Korey Kauffman was continuing to steal from Frank Carson. Robert Branco states that he told Kirk Bunch that Daljit Atwal had told him that he was going to rough up Korey Kauffman. He states that he was told this before Korey Kauffman had gone missing. He gets refreshed once again, and testifies that he had told Kirk Bunch that Daljit Atwal had told him that Frank Carson had stuff missing, and that something had to be done about Korey Kauffman. He states that Daljit Atwal had mentioned that antiques were missing, and that the lawyer wanted them back.
Robert Branco states that during his interview with Kirk Bunch, the investigators were focusing on Robert Woody, as well as Frank Carson. We now have a side bar. After the side bar, Marlisa Ferreira gets Robert Branco to testify about seeing Daljit Atwal having a scuffle with a shoplifter at Pop N Cork Liquors. He states that the scuffle went out to the street, and the shoplifter ran away. He states that Daljit Atwal shot two rounds from his handgun into the air when the shoplifter was running away. He states that he only saw one of the shots, but heard two shots. He states that he did not see the first shot. He states that the police showed up at the store, and is not aware if Daljit Atwal made a report on the incident. He states that Daljit Atwal was mad. We now have another side bar.
After the side bar, Marlisa Ferreira asks Robert Branco about the alleged conversation he had with Daljit Atwal where Daljit Atwal told him that something had to be done about Korey Kauffman. She asks Robert Branco if Robert Woody was present during this conversation, and Robert Branco says: “Yes.” He states that this conversation happened at Pop N Cork Liquors. He states that this conversation happened before Korey Kauffman had gone missing.
Robert Branco states that he was not present during the 07/15/2012 search warrant that was served at his house. He states that he did not hear about the search warrant being served. He states that Daljit Atwal and Baljit Athwal did not come by his house after 2012. He states that he was not present when Robert Woody was arrested. He states that he became aware of the arrest. He states that Daljit Atwal and Baljit Athwal did not come by his house after Robert Woody was arrested. Marlisa Ferreira has no further questions at this time.
Defense attorney Hans Hjertonsson gets Robert Branco to testify that he stopped talking to Daljit Atwal and Baljit Athwal after Robert Woody had been arrested. He states that he stopped working at Pop N Cork Liquors around February of 2014. He states that he worked at Pop N Cork for a little bit in 2013. Robert Branco states that there are three generations of Robert Woodies living at the house. He states that he would not lie for his uncle Robert Woody.
Hans Hjertonsson asks Robert Branco if on 02/26/2014 he had told DA Investigator Kirk Bunch that he would lie “a little bit” to protect Robert Woody. Robert Branco says: “Yes.” Robert Branco states that he told Kirk Bunch that he would lie in a murder case depending on how far the prosecution would go with it. It is now time for our lunchtime break. I will be in the courtroom tomorrow morning to report on what I see and hear. Sincerely;
William Thomas Jensen (Tom)
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