Good morning everybody, this is Marty from Dawgsblog for the noontime report of the Frank Carson et al trial of October 10, 2013.
Court was scheduled for 9 o’clock. The jury was up at 9:14, judge was on the bench at the same time.
Woodrow Woody on the stand. It’s Robert Lee Woody, the same as his dad, but he’s a junior, he was on the stand, and DA then asked about his relationship with Bobby and Dy Atwal, and also about the time the robber, his dad, was arrested, yeah. He was asked if the Atwal brothers had told him to tell his dad and actually to both of them did not say anything and he said, yeah, and it occurred at his house. He said that Robert Woody then went to Washington and he said that that conversation had nothing to do with that trip to Washington, and the trip to Washington had nothing to do with what he knows about this case or trying to flee. He did not recall what he told Kirk Bunch in one of the interviews and then refreshed with a transcript and DA said Daljit Atwal said, don’t say anything to police; they are nothing and told him to tell his dad. They know nothing. They are nothing about Baljit Atwal had a conversation just prior to his dad getting custody. It was around, I’m sorry, before Daljit Atwal and the rest were made with the rest of them 1-3- 2015. He said in that conversation that Daljit Atwal had walked up behind him and slapped him on the back and kind of pinched his shoulder. Woodrow asked the court if he’s allowed to cuss in the courtroom and the judge said if it’s in the appropriate testimony, yes, any other way. Daljit Atwal said you’re a pussy but I love you and this happened in the front of the store. He said he saw officers Walter Wells and Kim at the store on numerous occasions. He had seen Daljit Atwal in possession of a 22-caliber bolt action rifle. Marlisa Ferreira asked what he did with that rifle and that led to a flurry of objections and it got very, very animated and hostile in the courtroom very quickly.
Jai Gohel immediately asked for a sidebar with the judge, judge said no, Jai Gohel would not back down. He said he was being very adamant about undisclosed information and this is what they call 1101, is prior bad acts is character evidence and that they had no notice of, and he was very agitated and very upset, and Judge Zuniga had to order him several times to sit down. At the same time Marlisa Ferreira was doing the same thing, and the courtroom kind of erupted between the two, and the judge finally got him to calm down a bit. Judge started reviewing the real-time and asked Marlisa Ferreira why she was asking that question and she said that the Judge Zuniga said that it appeared that that question was going in a wrong direction that was not appropriate and she doesn’t trust us with this who tends to stray and kind of the go him impromptu answers on the stand. The DA, Marlisa Ferreira was very upset and said it’s been discovered and then judge said why then why that question is, is what she wants to know. She says it showed that Daljit Atwal was in possession of the 22-caliber rifle and he was providing a description and Judge Zuniga was reviewing the transcript that the DA was working from, Marlisa Ferreira took if up to after said does not say anything about the outside of the home, which is what Marlisa Ferreira was the question was referring to. She started talking about Beverly Woody’s testimony and people were driving by and throwing things and she tends to volunteer info as many of these people, from that these people, that she has kept quoting them, these people, and she’s asking Marlisa Ferreira if they did anything. Jai Gohel argued that the way the DA was setting this up there maybe Kirk Bunch or whoever is done. He may have prepped him up, Woodrow up and to this and he is a loose cannon, and they do not know what he is going to say, this witness says many things and reports. He said it is 1101, remember this is, prior bad act, the way it was being brought up, he requested 402 hearing, which is an evidentiary hearing. Marlisa Ferreira argued that Woodrow said that Daljit Atwal brought the gun to the house, and now she’s talking about a transcript, not the report, so she was talking from Kirk Bunche’s report, not by the transcript or something else, I don’t know exactly what it was she was talking of. It said that Daljit Atwal brought the gun to the house to have Robert Woody senior, the grandpa, the dad, the oldest one, to clean it up because Bobby Atwal was going to give the gun to his son. He wanted it cleaned and oiled up. She said the way that Daljit Atwal, she just wanted him to describe the way that it was being held by Baljit Atwal, that is the question in the matter of guns being hired, people with guns and being on the property that she said the night of the occurrence. Jai Gohel said Daljit Atwal took the gun to the Woody’s house for cleaning. There was nothing about it. How it was held or anything else in any information. He demands a 402 hearing, remember 402 hearing is an evidentiary hearing, because this is new information, the way it was brought out and Judge Zuniga agreed to that. Marlisa Ferreira said that she’s just trying to show possession of the Remington 22- caliber firearm said no basis for the 402 hearing. She went into a long-winded rant, as she often does, kinda throws everything in it once, started talking about unprofessional attorneys and specifically pointing at Jai Gohel. When you start talking about how unprofessional attorneys are, you’re showing unprofessional conduct in my opinion, so take it for whatever it’s worth. It was outrageous, some of the rants she goes into were outrageous. Jai Gohel said that the DA simply trying to make Daljit Atwal look like a violent person, in a violent situation with the gun that the keep saying it could be the murder weapon even though it was supposed to be a handgun. Marlisa Ferreira again got fired, saying that his comments in front of the jury is mis-conduct in itself and said Judge Zuniga had to come down hard on him in front of the jury was outrageous conduct, and again she went into long-winded rant about how badly she’s been treated by the court. Judge Zuniga was constantly making her toe the line and chastising her. Jai Gohel argued that he has a legal basis for his objection, he does not trust the district attorney or this witness. He has an obligation to make his record clear. Again, Marlisa Ferreira said he can object, but he had made comments and need to be addressed. She said Jai acted in an unethical manner and constantly does so. She gets yelled at and the defense does not, she is not deflecting had not done anything wrong and went into another long rant, which is again, my opinion is unethical and unprofessional behavior in itself talking like that, addressing another attorney like that in the court of law.
Percy Martinez also requested a 402 hearing as a witness was not told, he’s not told, by anybody what he’s going to say, nor do they have no idea, apparently. And he may blurt out something as he seems to be impulsive. Percy argued that Bobby Atwal took the gun to be cleaned and oiled, and it’s as simple as that, and he again requested a 402 hearing. Marlisa Ferreira said, reading from the report, transcript of the report about Bobby Atwal’s gun and it simply said that he took the gun into the house she said is not 1101. Judge Zuniga seemed to disagree, and she said that that it was the way the question was posed. She also noted that she heard a lot from the Marlisa Ferreira on how to handle attorneys and she knows how to handle, control a courtroom. She holds DA to a higher standard as the DA’s role is justice, not convictions. The philosophy of this county she said, it seemed to want to convict people and where she comes from, it is done right. They did try to administer action, administer justice not just convict people. She said the DA has kept talking during objections, same with Jai Gohel and the jury has seen her admonish Jai Gohel right there today, when she told him to sit down and be quiet. She said that was an admonishment in itself. She said she did get the same impression of the defense attorneys did, especially Jai Gohel, was the way the question was asked, and she started reading the questions that she had been writing down in her notes, then had the reporter read it off of her computer to confirm what she had in her notes. She also noted that her memory was a little foggy as to Beverly Woody’s testimony about the threats in the some of the things that she had said about what is going on the house, but she thought maybe he was gonna say something, Woodrow was gonna say something similar to Beverly Woody’s testimony, she did not know what he was going to say, so she stopped his testimony and she noted that she gives everybody a sidebar and she does not deny anybody a sidebar, did not deny Jai Gohel a sidebar when he first asked. The first thing Jai Gohel asked, this is my opinion was for sidebar and she said no, that’s when Jai Gohel had stepped up what he had said and was upset coz he want to go sidebar and Judge Zuniga told him no, be quiet, sit down. Judge Zuniga now wants to hear from Woodrow what he’s going to say. She said “these folk” that’s how she referred to him again, makes her nervous as he tends to volunteer a lot of information.
Woodrow was back, brought back into the courtroom without the jury present. Judge Zuniga asked about the rifle that Baljit Atwal had in his house with it and he said he didn’t know, they didn’t do anything with it. He just brought it over.
Woodrow was sent out. They started talking little bit about the mistrial motion from yesterday. The jury up is up at 10:35. So the jury was out for 11 minutes, they’ve been sent out when this fiasco started. Jury came back in about 55 minutes later. Woodrow was back on the stand.
After all that drama and what Marlisa Ferreira tried to do, she withdrew the question that started the whole thing on what he did with the weapon. Immediately Judge Zuniga went into sidebar. So, she came back from the sidebar and she asked him if he did anything with a rifle, Woodrow said no, he didn’t do anything with the rifle, but it was a 22 caliber Ruger bolt action rifle. She did put a picture number 432 showing on the overhead of the 22-caliber rifle. He said he cannot identify that picture, he cannot see the other side of the bolt action, so, he doesn’t know if it’s the same one or even if it is a bolt action. Marlisa Ferreira in that line of questioning that brought up, trying to make a sound like that Daljit Atwal was doing something with that gun started all that trouble, and then when finally, when the dust settled and then she doesn’t want to answer the question now and the judge didn’t let her get away with that because she left an impression with the jury that something nefarious was going on with Daljit Atwal and that gun. Then she showed photo number 462 or evidence number 462, it was a photo and was shown to Woodrow as he said it looked just like the gun, and he said this all occurred after 3-30 of 2012. There was a, let me go back, he didn’t know, he said looks just like the gun, and that was it, that’s all he could say. After 3-30 of 2012 on the side of Pop N Cork, she asked him if anything was going on. He did not recall, he read the transcript of the Kirk Bunch interview and on the side lot there was being cleaned up, he didnt know by who, but he knew that there was lawnmowers and such on over there so they were cleaning up the site. No further question by the DA.
Attorney Hans asked him about the side lot. He didn’t really know when, but he saw lawnmowers and things like that sometime around in 2012 he thinks. He’s lived on, he was asked on had lived on all his life at the Woody house on East Street and Robert Woody was taken into custody in 2014. He was also asked about when he worked at the Pop N Cork and said it was like even junior high school 2008, he worked, did some minor things around the store and he learned Korey Kauffman was missing from Kevin Pickett at Pop N Cork in the front of the store. He never seen or met, Korey Kauffman. He had called Kirk Bunch on 2-28 2014, wanting to talk to him and then Kirk Bunch came out and talked to him about a week later and interviewed him. He said Daljit Atwal said let his father know not to say anything that Robert Woody Senior was in custody still, and he has no problem understanding Dy’s broken English. He said that Daljit Atwal said Kirk Bunch and law enforcement were trying to pull a fast one and accused them or made them responsible or something, they were not even there at, let alone know anything about. Again, there was an objection to that. There’s a long sidebar and Judge Zuniga was calling them into the sidebar.
When they came back, Hans asked him if he testified or told law enforcement that they were trying to pull a fast one and again said he said yeah. No further questions.
Jai Gohel began cross, asked him when Baljit Atwal brought the 22. He said it was brought over because he wanted it cleaned. He was at home on the search warrant day in 2014 and there was some ammo of his, he was not home at the time, nor there at the time that some ammo that he had apparently was seized, 22 caliber ammo of his was seized by law enforcement.
Marlisa Ferreira then went on direct again and talked about the hierarchy in the family. Robert Woody Senior, that’s the grandfather in the house where Robert Lee Woody Senior is, his dad that’s the one in custody and he is Robert Lee Woody Senior Junior, also known as Woodrow. He also talked about Robert Bronco had lived in the house and there were quite a few people live in the house, always appears, always has been. Attorney Hans asked about the rumors in Turlock at the time, and the word out on the streets and he kept saying that Dy kept saying that law enforcement was trying to get to them and he was not present at any time during the time any homicide or anything. Marlisa Ferreira said Baljit Atwal said not to say anything because the police don’t know anything and Hans re-directed again and said Daljit, also denied any involvement in this homicide.
So, at this time nobody had any further questions on Woodrow Woody and he was sent out of the stand. He was a very happy man, to get off the stand and was actually literally dancing when they said they were done, and he could leave and he was actually pretty excited to be done with this.
The next witness brought in was a Tamara Carmelich, I’m sorry if I pronounced it wrong. She was a, was and is still a dispatcher for the Stanislaus County regional 911 center. Marlisa Ferreira showed her the People’s number 423 the CAD entry for 4-2-2012. There was an objection about some 11:40 PM report of the missing person, they went to sidebar, mostly Hans I believe that was objecting and so after really again a lengthy sidebar, she said that she started the call. She was looking at the CAD entry. She didn’t have into individual memory of this call, as it was six years ago, but she looked at the CAD entry and said it was a call that came into the Sheriff’s office. She typed in the DRP which was reporting party was Kevin Pickett and talked about what she started to see what DRP is said and Judge Zuniga took them in the sidebar and when they came back the caller said that there was a missing person that was that’s going on, been missing about three days. The DA had no further questions.
Percy Martinez said if the missing person was not seen on the 30th or was it did not 29th. He was trying to get what day that she was using as a reference point and she just kept saying and I guess that’s all she could do was that they told her where the caller was, told her to be missing three days. Attorney Hans went into cross and she said she been working for the 911 center for 14 years. She didn’t remember the specific call of course, there’s no recollection of it but does type everything in because of things that reasons like this she types everything but is not verbatim so much as just that she puts a lot of information. She said the caller which was Kevin Pickett said he been missing three days, but she didn’t know what he was basing the three days, she really didn’t, really understand the question, really didn’t surprise me because she, there’s no way for her to know what he was basing the three days on, that would be due through follow-up interviews by law enforcement, but she said she asked the same questions on every call so the information would be pretty standard that she has and she noticed for sure that she would have asked the question.
Jai Gohel went into cross and said the call that she received of 4-02 of 2012 and he said this may sound like a silly question, but he said there’s a reason for that is prior to May 18 of 2012 and she looked funny and she said well, yeah, and he asked if there’s no other information the docket that she was looking out, she was looking at the CAD entry, remember that’s Computer Aided Dispatch. That’s what she typed out what’s going on real time on the call that she received, what the officers are doing, and so on until that is closed out and then is followed up with reports and stuff later on, but she had no other information then, of any interviews or anything else that had been done for the sake of the missing person. So, there was no further questions.
The jury was sent to lunch at 11:20 this morning. So, they came back at 10:35 and they went to lunch at 11:20. That’s 55 minutes. That’s 40 minutes, 45 minutes I get it straight and earlier they were ahead 11 minutes, at court prior to the room blowing up. And so that we had a total of 56 minutes that the jury was in the courtroom hearing evidence today. They didn’t have any other witness to call at the time, apparently. So, Marlisa Ferreira put some things on the record. There was some discovery that she had given notice to Jai Gohel that was available at her office that had not been picked up, so they were given a tour now, it was some search warrant photos apparently, also apparently there was a testimony on some discovery on something about, I don’t know what it was, to tell you the truth, about 10-1-2018, something about the testimony on that date and there was a Kirk Bunch report and some interviews and on a phone interview he did yesterday, a Mrs. Dailey, I believe she said the name and somebody that they were going to call. I believe she said next week.
That was it for the morning session. We go back at 1:45 this afternoon. If you come to court, it’s at 1:45 not 1:30 and don’t forget to listen to the podcast tonight.
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