Daily Archives: December 22, 2018

FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

        ALMOST WHOLE DAY,

12/21/2018

WEEK 33, DAY 119

BY WILLIAM THOMAS JENSEN (TOM)

FINALLY MARLISA HAS HER WOODY ON THE STAND

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I was not intending on attending court today, but I got a call informing me that Robert Woody was taking the stand. I was staying home to watch for several Amazon shipments. I picked up my dog from the groomers, and brought her home, and got my tail end into the courtroom. I did not lose any of my packages, so everything worked out fine.

I entered the courtroom at 10:28AM, and a vastly different Robert Woody was on the stand. He had a haircut, and had lost some weight. Prosecuting DA Marlisa Ferreira is asking Robert Woody questions on direct examination. She moves the People’s 736 into evidence. At this point, I do not know exactly what that was. Marlisa Ferreira asks Woody about his third court date that he had, and he states that he can’t remember the date. Marlisa Ferreira refreshes him with some transcripts. He mumbles what I think I heard was 06/14/2012. Robert Woody states that he was in the courtroom on that date. Marlisa Ferreira gets Robert Woody to state that Frank Carson was in the courtroom, after Woody first stated that he was not in the courtroom with him. I am having trouble understanding Woody this morning. He is talking very softly, with a subdued tone, and seems to be mumbling his answers. I think he might be on medications at this time. Robert Woody states that after this court appearance, he went back to Pop N Cork Liquors. He states that he met with Frank Carson after the 06/14/2012 court date at Frank Carson’s Law Office. It is now time for the morning break.

At 10:56AM, before the jury is brought back into the courtroom, and before Robert Woody is put back on the stand, Judge Zuniga tells Marlisa Ferreira that she is “Out of sequence” with her questions concerning talking to a neighbor who lived next to Pop N Cork Liquors. Marlisa Ferreira now argues about another issue. She states that Daljit Atwal pulling a gun and pointing it at Robert Woody goes to Robert Woody’s state of mind. She states that explains why he did terrible things for the Athwal brothers and lied in his earlier statements. The lies seem to once again be morphing today, and I think we herd version 16 during the testimony that I heard today. She calls it an exercise of dominance and control. Hans Hjertonsson argues that Marlisa is going to lead Robert Woody on Daljit Atwal pulling the gun, and he calls it a character assassination of his client. He states that Marlisa is creating Robert Woody’s state of mind. Jai Gohel quotes Robert Woody’s testimony during the Preliminary Examination that is contrary to what Marlisa Ferreira is trying to portray. Woody never said anything about being scared of the Athwal’s during his Preliminary testimony. Marlisa Ferreira now asks for these issues to be taken up at a later time, and Judge Zuniga agrees. The jury is called back into the courtroom, and Robert Woody is put back on the stand. As Robert Woody is entering the courtroom from the side door, Jai Gohel states that he could see DA Investigator Steve Jacobson in the room with him, and that they had been talking. Robert Woody is immediately taken out of the courtroom. I can see DA Investigator Kirk Bunch biting his lip at this time, and Marlisa Ferreira was bouncing her feet. Jai Gohel states that he was not able to hear what Steve Jacobson and Robert Woody were talking about. He states that nobody from law enforcement should be talking to Robert Woody. He states that he saw Woody and Jacobson together twice this morning. At this time, Percy Martinez states that he can see one of the Bailiff’s nodding his head. Percy states that the defense has recordings that were made when Jacobson was transporting Woody from Tuolumne County where he was exerting influence on Robert Woody. Hans Hjertonsson states that Robert Woody is being housed in Stanislaus County now, and there is absolutely no reason why Steve Jacobson should be involved with transporting Robert Woody. He states that the Stanislaus County Deputies take care of that duty. Marlisa Ferreira argues that Steve Jacobson has been instructed to not discuss the case with Woody. I don’t believe this is the case. I believe he has been coached extensively.

At this point, Judge Zuniga speaks with her Bailiff Adrian Monzo. Percy Martinez once again argues that Steve Jacobson was clearly coaching Robert Woody during the transports from Tuolumne County. Marlisa Ferreira once again states that Steve Jacobson has been instructed not to speak about the case with Robert Woody. She states that this issue is purely allegation. She states that she believes that Court Staff had requested that Steve Jacobson stay with Robert Woody in the side room when he is not testifying on the stand. Judge Zuniga once again speaks with her Court Bailiff Adrian Monzo. Judge Zuniga states that a Sargent in the courthouse had requested that Steve Jacobson stay with Robert Woody in the side room. She states that Steve Jacobson is not doing the transports for Robert Woody while he is housed in Modesto. Percy Martinez objects, and calls what is happening improper. Hans Hjertonsson states that this has not been done with any other witness in this case. Judge Zuniga and her Court Bailiff Adrian Monzo once again speak. This discussion goes on for quite some time. I am watching DA Investigator Kirk Bunch biting his nails at this time. Judge Zuniga states that she needs to speak to the Sargent. Jai Gohel wants Judge Zuniga to read pages 14907-14908. He is referring to Robert Woody not speaking about being scared of the Athwal’s during the Preliminary Examination. Judge Zuniga tells the Bailiff to call up the jury at 11:32AM, and Robert Woody is put back on the stand.

Marlisa Ferreira starts asking Woody about a 02/14/2012 court date where Frank Carson showed up. Woody states that after this court date, he went to Frank’s law office accompanied by Daljit Atwal. They went there to talk to Frank Carson about what happened during the case. Woody states that he did not have to pay Frank Carson any money for his services. Woody states that the Athwals paid for the legal bill. He states that he was out of custody because the Athwals had bailed him out. Woody states that he talked to Detective Cory Brown on July 17, 2012 while he was at Pop N Cork Liquors. There is an objection to this, and we have a side bar. After the side bar, Marlisa Ferreira asks Woody which Athwal brother told him that they would pay for Frank Carson’s services. Woody states that the Athwal brothers discussed it with themselves, and that Baljit Athwal had told him that they were going to pay for the services. He states that he was never told how much money they paid to Frank Carson. After being refreshed, Woody states that his next court date was 03/23/2012. Marlisa Ferreira shows Judge Zuniga some records, and Judge Zuniga takes legal notice that the date was 03/26/2012. I don’t quite understand what she is doing with this. Woody states that Frank Carson was present for this court date, and that Baljit Athwal had gone with him to court. He states that Baljit Athwal drove him in Daljit Atwal’s midnight blue BMW. He states that the side windows were not tinted, but the back window had a slight tint on it. After that court session, he and Baljit Athwal went to Frank Carson’s Law Office. After meeting at the law office, they drove back to Turlock, and drove by Michael Cooley’s house. Woody once again states that this court date was 03/26/2012, and that Frank Carson was present, and that Baljit Atwal had driven him to the courtroom. It is now time for our lunchtime break.

When I return to the courtroom at 1:30PM, it apparent to me that Judge Zuniga has spoken to the Sargent concerning Steve Jacobson talking to Robert Woody in the side room. Judge Zuniga states that Steve Jacobson has been ordered out of the presence of Robert Woody, and that the DA’s Office shall have no contact with Robert Woody. It appears to me that the Sargent had told her some things that angered her. Percy Martinez argues that the drive by of Michael Cooley’s house happened after the last meeting at Frank Carson’s Office. Percy Martinez states that Marlisa Ferreira is leading Robert Woody with her questions a lot. He calls this misconduct, because she has been repeatedly warned by Judge Zuniga to stop doing so. Judge Zuniga takes some time and reads from her computer. Jai Gohel states that Marlisa Ferreira is literally testifying for the witness. Judge Zuniga agrees, and tells Marlisa Ferreira that she has a terrible habit of leading witnesses. She tells Marlisa Ferreira that what she was doing was testifying. She tells Marlisa Ferreira that she has to stop doing this. I can’t count the number of times she has warned Marlisa Ferreira about this, but she refuses to do anything about it. Judge Zuniga instructs the Bailiff to call for the jury.

Before the jury gets into the courtroom, Percy Martinez states that Judge Zuniga is continuing to allow Marlisa Ferreira to ask leading questions. Judge Zuniga: “Stop arguing with me sir.” The jury is brought back into the courtroom, and Robert Woody is put back on the stand. Marlisa shows Woody the People’s #1. He recognizes it as a picture of Korey Kauffman. He states that he first met Korey Kauffman on South Johnson Street, and does not know the exact date. He states that he met Korey Kauffman before the murder, and he was with Baljit Athwal in Daljit Atwal’s midnight blue BMW. He states that Baljit Athwal was driving to drop off some milk at his church that came from Pop N Cork Liquors. They went by Korey Kauffman’s house which was next door to Scott McFarlane’s house. Woody states that two people were out front of Korey Kauffman’s house, and that he told Korey Kauffman: “Your ass is grass.” Woody states that Baljit Athwal told Korey Kauffman to stay off Frank Carson’s property, and that Korey Kauffman looked puzzled. He states that Baljit Athwal stayed inside the car, and both the driver’s and passenger’s windows were rolled down. Woody states that as they were leaving Korey Kauffman’s house they passed Kimberly Stout, and he whistled to her like he usually does when he sees her. He states that she did not say anything back to him. He states that Kimberly Stout was walking North on Linwood. He states that was the first time he had been to Korey Kauffman’s house.

Robert Woody testifies that he was present many times when Scott McFarlane was at Pop N Cork Liquors. He states that he had a conversation with Scott McFarlane about Scott’s neighbors. Marlisa Ferreira asks Woody what Scott McFarlane said about his neighbors, and we immediately have another side bar. After the side bar, Marlisa Ferreira once again asks Woody what Scott McFarlane had said. Woody states that Scott McFarlane wanted to know if he knew his neighbors. Woody states that he only knows Dawn Poma, who lives there. He does not remember if Scott McFarlane mentioned his neighbors by name. Marlisa Ferreira is once again warned for asking leading questions. He states that Dawn Poma was at Pop N Cork Liquors when he asked him if he knew his neighbors. Woody states that Scott McFarlane had spoken about constant traffic to Korey Kauffman’s house day and night. Marlisa Ferreira is once again warned about asking leading questions. She does this because Judge Zuniga allows her to do so. Marlisa Ferreira tries to ask Robert Woody about the next time he met Korey Kauffman. This was objected to, and the objection was sustained.
She now asks Robert Woody if he saw Korey Kauffman after the time he drove by his house. Woody: “Yes.” He states that he saw Korey Kauffman on 9^th Street a couple of days later. He states that this was at Frank Carson’s property, and it was during the night time. He states that Daljit Atwal drove him from Pop N Cork Liquors, and that Baljit Athwal was there on the Carson property. He states that Balgit Athwal left Pop N Cork Liquors 30-40 minutes before he and Daljit left Pop N Cork Liquors. He states that Daljit Atwal told him that they had to leave Pop N Cork Liquors, and check on his brother. He states that they left Pop N Cork Liquors between 1:20AM and 1:45AM. He states that Pop N Cork closes usually at 2:00AM. He states that they locked up the store, and put chains on the doors, and left in the midnight blue BMW. He states that he did not know where he was going. He states that they parked next to Baljit Athwal’s 4 door Chevrolet pickup truck. Marlisa Ferreira shows Woody People’s 136. He states that this is the property that they went to. He states that Daljit Atwal did not say anything, and they both got out. He states that he followed Daljit Atwal through an open gate, and that he walked about 6 feet behind Daljit Atwal. He states that they walked to where the double decker bus was parked. Marlisa Ferreira shows Woody the People’s 109. He states that he saw Baljit Athwal on Frank Carson’s property next to the double decker bus. We now have another side bar. Marlisa has Robert Woody mark on the People’s 109 where Baljit Athwal was next to the double decker bus. Woody states that he saw Baljit Athwal fighting with a person. He states that Baljit Athwal was standing, and he did not recognize the person he was fighting. He states that later on, he recognized the person was Korey Kauffman. He states that Daljit Atwal assisted Baljit Athwal in the fight with Korey Kauffman. He states that both Athwal brothers used their hands and their feet in the fight, and that Korey Kauffman fought back. He states that Korey Kauffman was like a trapped cat being attacked by two dogs. He states that the Athwal brothers hit Korey Kauffman on the back, ribs, and face. He states that Korey Kauffman went to the ground when he got shot. He states that he tried to stop the fight by pulling on both of the Athwal brother’s shirts. He told them that Korey Kauffman had enough. He states that he turned and walked away, and was half way to the gate when he heard a gun- shot (One.) He states that he walked back, and that Korey Kauffman was on the ground. He states that he saw a gun in Daljit Atwal’s left hand. He states that Daljit Atwal then put the gun in his front left pocket. Robert Woody states that Korey Kauffman was not moving, and he saw a bullet hole in his back. Woody states that he also saw a bullet hole on Korey Kauffman’s back shoulder in his T-Shirt. He states that the shirt had a logo on it, but he can’t describe the logo. He states that it was dark on the Carson property. Robert Woody states that Korey Kauffman had no weapons with him during the fight. He states that Baljit Athwal hit Korey Kauffman around 25 times, and kicked Korey Kauffman around 18 times. He states that Daljit Atwal hit Korey Kauffman a similar amount of times. Robert Woody states that he was in shock after seeing the killing.

Robert Woody states that the Athwal brothers had a conversation, and told him to pick up the body of Korey Kauffman. He states that Baljit Athwal was acting nervous, and that he was scared. He states that Baljit Athwal told him that he needed to move the body, and to put him in the truck. He states that Baljit Athwal held Korey Kauffman’s arms, and that he held the feet. He states that Daljit Atwal went out the gate ahead of them. He states that they put Korey Kauffman in the back of the truck bed, and that they did not cover the body. He states that Daljit Atwal lifted up the tail gate of the truck, and he and Baljit Athwal put the body in the truck bed. Robert Woody now states that they drove to Pop N Cork Liquors (He and Daljit Atwal) with the body of Korey Kauffman. He states that Baljit Athwal got back to the store some minutes later. Woody states that he never hit or kicked Korey Kauffman, and that nobody stabbed Korey Kauffman. Woody testifies that he had seen a similar gun at Pop N Cork Liquors, and that it was a small gun. He states that he did not check if Korey Kauffman was breathing, and did not check if he was moving. He states that he felt obligated to help move the body of Korey Kauffman. Marlisa Ferreira, using leading questions, gets Robert Woody to state that he was scared that the same thing would happen to him that happened to Korey Kauffman if he did not help move the body. It is now 3:07PM, and we take our afternoon break.

At 3:33PM, Robert Woody is put back on the stand, and the jury is brought back into the courtroom. Marlisa Ferreira gets Woody to state that during his Preliminary Examination testimony, he had said that Baljit Athwal went back to the Carson property after Korey Kauffman was put into the truck. Woody states that he does not know where Baljit Athwal went back to on the Carson property. He states that he had said that Baljit Athwal went back through the gate with nobody else with him, and did not say why he went back onto the property. Robert Woody states that he and Daljit Atwal went back to Pop N Cork Liquors, and parked the truck on the asphalt parking lot. He states that Daljit Atwal opened Pop N Cork Liquors, and that the truck was driven to the side lot, and the gate was opened up. He states that they waited for Baljit Athwal to drive up. He denies any discussion about what to do with the body was had. He states that Baljit Athwal drove up about 10 minutes later, and that he went to the side yard and opened up the side double gate. He states that the double gate was changed after this night to a single gate. He states that Baljit Athwal backed the truck into the side lot, and that Baljit Athwal told him to bury the body. He says it was “their” decision to bury the body. He states that Daljit Atwal was in the store when he and Baljit Athwal buried the body, and did not come back to the side lot while the body was being buried. He states that it was mostly dark on the side lot. Robert Woody states that he decided where to bury the body of Korey Kauffman. He states that he dug the hole, and it was about 2 ½ feet deep, and 6 feet long. He states that the grave was not as wide as it was long.

Robert Woody testifies that Baljit Athwal stayed inside the closed double gate keeping watch while he was burying the body. He states that he got a blue tarp, and placed the tarp on the ground behind the pickup truck. The truck had been backed up to very near the grave. He states that the body was placed on the tarp. Robert Woody states that Baljit Athwal held Korey Kauffman’s hands, and that he held the feet as the body was transferred to the tarp. Woody states that he used a sheet rock knife to cut off Korey Kauffman’s hands and toes to get rid of the finger and toe prints. He states that this was his idea to do so, and that Baljit Athwal agreed. He states that he put the fingers and the toes into a black plastic bag. He states that Baljit Athwal held the wrists and the ankles while he used the sheet rock knife to cut off the fingers and the toes. He states that he cut off the fingers at the first knuckle, and cut off the toes close to where they attach to the foot. He states that Korey Kauffman was wearing boots, and that he put the boots back on the body after cutting off the toes. He states that he left the socks with the body, and put nothing on Korey Kauffman’s hands. Robert Woody states that he put the bag with the fingers and the toes with the body. If Woody was trying to hide the finger prints and the toe prints, why would he put the bag with the fingers and the toes with the body? This simply does not make any sense. He states that Korey Kauffman did not move while he cut off the fingers and the toes. Robert Woody states that he then put the body of Korey Kauffman into the hole.

Marlisa Ferreira asks Robert Woody if the body was tightly wrapped in the tarp when it was put into the hole. Woody states that it was “So so.” It sound to me that it wasn’t wrapped very tightly when it went into the ground. Woody states that he then covered the body up with dirt while Baljit Athwal kept watch at the double gate. He states that there was an alley behind the side lot, and the body was buried near the alley and next to the store. He states that Daljit Atwal never came back to the side lot while the body was buried. He states that Baljit Athwal then drove the truck out the double gate, and that he shut the gate. He states that he left the sheet rock knife with the body. I know that this version differs from his Preliminary testimony. I believe he testified in the Preliminary that he burned the knife in some sort of fire pit that was on the side lot. He states that all of this took about 30-40 minutes. I buried a cat three days ago, and it took me over an hour. This amount of time does not make any sense. It is impossible. It took the Investigators many hours to dig the hole when they tried to find any traces of a body that was buried where Robert Woody pointed out he had buried the body. The Investigators did not find any trace of anything when they did the search. Just saying folks, this does not make any sense. He states that it was still dark when he was finished with burying the body. He states that he did not see any blood when he buried the body. If Korey Kauffman had been shot, and his fingers and toes cut off, there would have been lots of blood everywhere. He does state that he saw a golf ball sized blood stain on Korey Kauffman’s back. He states that he noticed this on the Carson property, and at Pop N Cork Liquors. He states that the stain got a little bit larger by the time they got back to Pop N Cork Liquors. Robert Woody does not remember what day of the week this happened on. He states that they never tried any first aid, and never called 911. He states that he never saw Baljit Athwal with any weapons. Marlisa Ferreira is once again warned against asking leading questions. Like I said, she does this because Judge Zuniga allows her to do so.

Robert Woody testifies that Baljit Athwal had told him that he had been to the Carson property before that night. He states that Baljit Athwal had told him that he was doing some area checks on the property, and had this conversation about 1-1 ½ weeks before the night that Korey Kauffman was allegedly killed on the Carson property. Robert Woody testifies that Baljit Athwal was with him during his last court appearance where Frank Carson represented him. He states that Frank Carson, while in court, had told him that he had people stealing items from his property. Marlisa Ferreira shows Woody the People’s 66. Woody states that he has not seen this before. Woody states that Frank Carson gave Baljit Athwal a piece of paper, while at the court, that had an address and a phone number on it. There was an objection to this, and the objection was sustained. He states that he did not see what the address was, or the phone number was. He states that Frank Carson said that if they saw anybody on his property to call him, and to contact the police. Robert Woody states that after the meeting with Frank Carson, he went with Baljit Athwal in Daljit Atwal’s car to Michael Cooley’s house. On the way, they dropped by TJ Singh’s recycling center, and talked to TJ Singh. They talked to TJ Singh about Michael Cooley, and TJ Singh made a phone call. Robert Woody testifies that they went by Michael Cooley’s house, and that they saw two people come out of the house pushing bicycles. Woody states that Baljit Athwal got out of the car, and said: “What the fuck are you looking at” to Michael Cooley. He states that Michael Cooley said: “I thought you were my friend.” Woody states that Baljit Athwal then said: “I am not your fucking friend.” We are now done for the day. The next court date will be January 8^th, at 9:00AM. I will try to be in the courtroom the entire day during Robert Woody’s testimony. I know that some days will be impossible, but I will do my best to give you the story.

Sincerely; William Thomas Jensen (Tom)