FRANK CARSON ET AL 10-10-2018 (TOM)

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

MORNING SESSION 10/10/2018

JENSEN

BY WILLIAM THOMAS JENSEN (TOM)

WEEK 25, DAY 85

We start out at 9:13AM this morning with the jury being brought into the courtroom. Robert (Woodrow) Woody is once again on the stand this morning. Marlisa Ferreira goes over the fact that there are three Robert Woodies in the household, and shows how this witness is commonly called Woodrow by the family. Woodrow is the 24 year old son of Robert Woody, the confessed killer of Korey Kauffman.

Marlisa Ferreira gets Woodrow to testify that after his father’s arrest, he had a conversation with Daljit Atwal on Robert Woody. Woodrow states that Daljit Atwal told him to tell his father to not say anything, because the cops do not know anything. This conversation, according to Woodrow, happened at Woodrow’s house. Woodrow states that he had a conversation with Baljit Athwal prior to his arrest in August of 2013 at Pop N Cork Liquors. He states that Baljit slapped him on his back twice and hit a pressure point. We now have a side bar. After the side bar, Woodrow states that Baljit Athwal told him: “that you are a pussy, but I love you.”

Marlisa Ferreira now asks Woodrow if prior to 2012 he ever saw Baljit Athwal with a long gun. Woodrow says: “Yes.” Woodrow states that Baljit Athwal came over to the front of his house with a 22 caliber bolt action rifle. Marlisa Ferreira tries to ask Woodrow what Baljit Athwal did with the rifle, and Judge Zuniga stops everything for a side bar. Before she was able to call for a side bar, defense attorney Jai Gohel blurts out that he has a motion, and says that this line of questioning was undisclosed. All of this was done in front of the jury. Judge Zuniga sends the jury out of the courtroom at 9:25AM, and Woodrow Woody is taken to a quiet room.

Marlisa Ferreira gets very defensive, and states that this questioning was not undisclosed. She gives a Bates Stamp where she claims it was discussed in an interview that was conducted by DA Investigator Kirk Bunch. Judge Zuniga asks her why she was asking the question that she asked. Marlisa Ferreira states that Baljit Athwal was in possession of a long gun, and Robert Woody wanted to buy it for his son Woodrow. She states that all of this information is in the Bunch interview. I note that Jai Gohel has been silent for quite some time.

Judge Zuniga reads the Bunch report, and says that it says nothing about Baljit Athwal having a long gun outside of the Woody house. She states that the way that Marlisa Ferreira asked the last question sounded like Baljit Athwal pointed the gun at someone. While Judge Zuniga was speaking, Marlisa Ferreira interrupted her. Judge Zuniga: “I need you to let me finish. Judge Zuniga tells Marlissa that there is no Segway.

Jai Gohel now speaks up. He states that he reads this report, and it was totally harmless. Jai states that Woodrow is a “Loose Cannon.” Marlisa Ferreira interrupts Jai Gohel as he is speaking. We have some angry words about this. Judge Zuniga: “Let him finish mam.” Jai Gohel states that this witness says lots of things that are not in the interviews, and states: “I swear he was going to say that Baljit Athwal pointed the gun at someone.” Jai Gohel states that he wants a 402 hearing on this issue, so that Judge Zuniga will know exactly what he is going to say.

Marlisa Ferreira states that the witness statement from Woodrow states that Baljit Athwal brought the gun to the Woody house to have Robert Woody clean it up. Judge Zuniga lets out with a strange cackle at this time that reminds me of the Wicked Witch. Marlisa Ferreira states that she wanted Woodrow to describe how Baljit Athwal was holding the rifle with two hands. She states that other witnesses in this trial have described how they saw three people on the Carson property who were holding what appeared to be long guns in a similar way.

Jai Gohel states that there is nothing about how Baljit Athwal held the rifle in the Bunch report. He once again states that he wants a 402 hearing. He states that the defense does not have any discovery on this issue. Marlisa Ferreira states that there is no legal basis for an objection based on relevancy. She goes into one of her patented rants. Jai Gohel argues that this is 1101, and that Marlisa Ferreira does not know what Woodrow is going to say, or Woodrow has told her something that the defense has no discovery for. Jai Gohel states that Ms. Ferreira has changed her argument.

Marlisa Ferreira states that Mr. Gohel’s comments in front of the jury needs to be addressed. She calls it outrageous conduct. Jai Gohel states that as usual, Marlisa Ferreira is deflecting. He states that he has a legal basis for 1101. He states that his client is in jeopardy of spending the rest of his life in prison. He speaks about how Marlisa Ferreira had just yesterday revealed that his client has many guns, and entered into an area that had been precluded by the judge. Marlisa Ferreira states that her issue is about Jai Gohel’s comments. She continues to deflect, and goes into a very long rant.

Percy Martinez states that he also feels like the defense needs a 402 hearing. He calls Woodrow a “Loose Cannon.” He states that Woodrow’s testimony is totally different from what was contained in the discovery. Marlisa Ferreira reads from the Bunch interview of Woodrow. She speaks about how the interview shows that the rifle was a Ruger short model 22 caliber rifle. I believe this is a Ruger 10-22. She states that nothing that she has gone into is not in the record. She states that this is not a 1101 issue. Marlisa Ferreira suggests that Judge Zuniga ask Woodrow outside of the presence of the jury what his answer to her last question is.

Judge Zuniga goes into how the defense had asked for a mistrial yesterday, and how they are going to have to write a motion. She tells Marlisa Ferreira that she does not need Marlisa to tell her what she should do, and that she has been doing this for a very long time. Judge Zuniga tells Marlisa Ferreira that she holds prosecutors to a higher standard. She states that prosecutors should seek justice, and not just do anything to get a conviction. She tells Marlisa Ferreira that she keeps on talking in front of the jury, and that Jai Gohel does the same thing. She states that Jai Gohel has been admonished. She states that there is a lot of rancor going on in the courtroom, and that this is not an issue of discovery. Judge Zuniga to Marlisa Ferreira: “It is the way you asked the question.” Judge Zuniga states that this testimony is in fact relevant, and is not a discovery violation. She states that it is just the way that Marlisa Ferreira phrased the question. Judge Zuniga: “I need to hear from him, and ask him the question.” Judge Zuniga: “These folks make me nervous, they volunteer information.” Judge Zuniga: “Go get him, then I will give everyone a break.” Woodrow is brought into the courtroom. Judge Zuniga: “Mr. Woody, I have a question you were asked about concerning the 22 caliber bolt action rifle.” She goes over the question, and Woodrow tells her that Baljit Athwal did not do anything with the rifle. She has Woodrow to once again go to the quiet room. We take a break until 10:35AM.

After the break, the jury is brought into the courtroom, and Woodrow Woody is brought to the stand. It is now 10:38AM, and Marlisa Ferreira states that she is going to withdraw her last question. We immediately have a side bar. It is obvious to me that Marlisa Ferreira wants to leave the jury with the impression that Baljit Athwal pointed the gun at someone. So much for seeking justice. Marlisa Ferreira has no interest in justice. After the side bar, Judge Zuniga asks Woodrow the question, and Woodrow tells the jury that Baljit Athwal did nothing with the rifle. I applaud the judge for forcing this question to be answered in front of the jury. Marlisa Ferreira shows Woodrow some pictures of the rifle, and he finally is able to say that the pictures look just like the gun that Baljit Athwal brought over to his house.

Marlisa Ferreira asks Woodrow if after 03/30/2012 he ever saw anything unusual on the side yard of Pop N Cork Liquors. Woodrow had to be refreshed before he remembers that he saw people cleaning up the side yard and using a lawn mower.

Hans Hjertonsson gets Woodrow to state that he does not remember when the side lot was cleaned. Woodrow describes seeing a lawn mower being pushed around sometime in 2012. Woodrow tells Hans that he has lived at the East Ave. house his entire life. He states that he was not present when his dad was arrested on 02/28/2014. Woodrow states that he helped out at Pop N Cork Liquors when he was in Junior High School. He states that he learned that Korey Kauffman had gone missing when he talked to Kevin Pickett at Pop N Cork Liquors. Woodrow states that he never saw Korey Kauffman. He states that he called Kirk Bunch about a week after 02/28/2014 and had a conversation with him. He talks about how between 02/28/14 and 03/06/2014 Daljit Atwal made statements to him. He states that Daljit Atwal had told him to tell his father not to say anything. He states that he spoke to Kirk Bunch on 02/06/2014 and told Bunch that Daljit Atwal had told him that the police were trying to pull a fast one, and that the police were trying to get him for something that he wasn’t involved with. There is an objection to this, and we have another side bar.

After the side bar, Hans Hjertonsson once again asks the question, and Woodrow admits that Daljit Atwal had told him this. Hans has no further questions at this time.

Jai Gohel takes over asking Woodrow the questions. He asks Woodrow about the 22 caliber rifle. Woodrow states that Baljit Athwal had told him that the rifle was for his son, and that he wanted Robert Woody to clean it up before he gave it to his son. Woodrow states that he was not home when the house was served with a search warrant. Woodrow states that he lost his 22 caliber long rifle ammunition when the house was searched.

Hans Hjertonsson gets Woodrow to admit that there were a lot of rumors about Korey Kauffman going around. Hans once again gets Woodrow to state that Daljit Atwal had told him that he was not involved with any murder. Marlisa Ferreira once again gets Woodrow to state that Daljit Atwal had told him to tell his father not to say anything because the police did not know anything. Woodrow Woody is now done with his testimony, and is allowed to step down.

Marlisa Ferreira now calls Tamara Carmelich to the stand. She is a 911 dispatcher for the Stanislaus County Regional 911 Service. She is shown the People’s 425 which is the CAD log of what she wrote down when Korey Kauffman was reported to be missing by Kevin Pickett on 04/02/2012. The call came in at 11:14:08 on the night of 04/02/2012. Marlisa Ferreira is trying to use what Kevin Pickett said that night to show that Korey Kauffman went missing on the day that the prosecution has claimed during this trial. Kevin Pickett told her that Korey Kauffman had been missing for three days. Marlisa Ferreira has no further questions at this time. Percy Martinez brings out that Kevin Pickett never gave the date that Korey Kauffman had gone missing. During Kevin Pickett’s earlier testimony, he testified that Korey Kauffman was living at his house, and that Korey Kauffman went missing on 03/29/2012. This date does not match what the prosecution is claiming in their case. In my opinion, it is a dagger to their case that can’t be overcome. Hans Hjertonsson asks a few more questions that have already been asked, and the jury is sent out for lunch at 11:23AM. After the jury is out of the courtroom, there is some discussion about some pictures that have just been turned over by the prosecution as discovery. It is determined by Marty Carlson that the jury was in the courtroom this morning for a total of 56 minutes. This is one example why this trial is going to last forever. 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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One comment

  1. RE: The motions to dismiss or for mistrial. The time is ripe. This new law just passed by the California legislature directly applies to the Carson case. I am talking about the changes made to the natural and probable consequences doctrine. This is the doctrine that Judge Malukean (not sure about spelling) used to hold Frank Carson over to trial. The theory of the prosecutor has always been that Frank Carson impliedly conspired with Baljeet and Daljeet to violently “deal with” offenders stealing from his property. Before the law was changed, a person could be charged under the doctrine if a reasonable person would have known the natural and probable consequence of such a conspiracy would naturally and probably lead to the death of the victim. But now, an additional element has been added.

    This is what Section 1, subdivision “f) says:

    “It is necessary to amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.”

    So, the prosecution must prove that either Frank Carson specifically intended to kill someone, or he was a major participant and he acted with reckless indifference for human life.

    Neither of these findings were made by Judge Malakian (sp) in the preliminary hearing. Indeed, Judge M. specifically made the finding that the prosecution had not established Carson had the intent to kill or that Carson was present when the murder happened. The new law is retroactive in its application. So, there is a big legal issue whether the hold over order may now be set aside, or whether the murder charge against Frank Carson should just be dismissed.

    Add this to the fact that Marlissa has apparently intentionally suborned perjury by Cook, and that all of Cook’s findings and testimony are in question, and to the fact that Marlissa has apparently continued to violate discovery, which became a crime on January 1 of 2018.

    The time is ripe for dismissal, with prejudice. A lot, if not most judges, in my opinion would grant a request for a mistrial at this point, and could even grant a dismissal with prejudice. However, I do not believe Judge Z will do so. We will see.

    And that is my opinion.

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