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Is only when you’re not prepared.
Good evening, everybody! This is Marty from Dawg’s Blog with tonight’s podcast on the Frank Carson, et al Trial on January 30, 2019. Today we had a very contentious afternoon. We’ll get into some of that in a bit. I have many notes from today. If you heard the noon time report, Marlisa Ferreira said she’d give some citations from the records in regard to Robert Woody’s state of mind and why he believes some of the things he believes. She was going to research that over the lunch hour and come back at 1:30PM and give those citations to the Judge. Well, Marlisa Ferreira came back in at 1:30PM and started looking for those citations, at that point. She did not do it over the noon hour, like she told the court. Of course, Judge Zuniga just lets her do it. We are wasting time waiting and the jury is not up in the courtroom. (Typical in this case).
Finally, she starts giving cites and Bates stamp numbers (Bates stamps are an identifier that they put on the bottom of each document that they turn over in discovery, so attorneys can all be on the same page when they are talking about something in particular). She’s giving Bates stamps of the Robert Woody statement and I noted almost immediately that it sounds like the Beverly Woody statement from the preliminary hearing.
Jai Gohel addressed the court and says: It also says in the preliminary hearing that Robert Woody did not say what Marlisa Ferreira is saying. Robert Woody only told his mother something happened, but gave her no details. The attorneys also argued that is sounds suspiciously like Maunukea’s statement and possibly is conflating the two. Marlisa Ferreira says on 4/17/16, that when Beverly Woody was on the stand, she said Robert Woody told her about what happened. Jai Gohel argues Marlisa Ferreira is quoting Beverly Woody’s testimony, not Robert Woody’s. (Remember in Beverly Woody’s testimony in the preliminary hearing, they all confessed they had concocted this story after the jail visit with the paper up to the window by Beverly Woody and told him this is what you need to say to get out of jail). Now Marlisa Ferreira is trying to quote from Beverly Woody’s testimony, even though most of it was struck and they admitted that it was a lie.
Judge Zuniga was reading the testimony. (I noted too, that Judge Zuniga, today and the last couple of days, has been mumbling into the microphone. She is not speaking up and I can’t hear many of the things she is saying.) Judge Zuniga said that Maunakea said “if anything happens, tell them the attorney did it”, it was not Beverly Woody or Robert Woody.
Marlisa Ferreira says the information comes from Beverly Woody (so she was reading from Beverly Woody’s testimony). Judge Zuniga says Beverly Woody’s testimony has been stricken.
Attorney Hans says Martha Magana had filed a motion to strike Beverly Woody’s testimony and 95-99% was stricken. Beverly Woody had also said that Walter Wells and Frank Carson were on the property that night, which they recanted and admitted it was a made up story. Marlisa Ferreira, Hans says, it projecting that these are now the truth after admitting those were lies. Hans said Beverly Woody flat out lied in this reference to what Marlisa Ferreira was reading Robert Woody has also said he never made such a statement, but Marlisa Ferreira is trying to use that statement as his state of mind.
Marlisa Ferreira argued to the court this is the basis that talks about how he was intimidated and scared of the Atwals. Robert Woody said he did have a conversation with his Mom that night he came home and Robert Woody had told family and investigators other statements prior to his custody status and now the defense is saying Robert Woody said those things to try to get a deal. Prior consistent statement to Mom, is what she is saying it is, because he was afraid due to the constant berating and attitude that Atwals had been giving him. So they have to ask what he told Mom.
Jai Gohel argued that Marlisa Ferreira is trying to get in the Beverly Woody testimony through her question. The Judge has already ruled on this and Robert Woody said nothing was said to Mom. Robert Woody and Beverly Woody have admitted to these lies that she told in court. Marlisa Ferreira will lead Robert Woody into what she wants him to say. This is misconduct, plain and simple.
Marlisa Ferreira started bouncing in her seat and told Judge Zuniga that Jai Gohel just threatened the court to coerce the Judge into ruling in his favor.
Jai Gohel responded by saying Marlisa Ferreira has just, on the record, made an accusation that he has tried to intimidate a member of the Judiciary, in court and he says she may need a lawyer, based on her comments at this time.
Everybody was trying to talk at the same time. It all blew up. The Judge said they can’t all talk at the same time. Judge Zuniga told Marlisa Ferreira it is an argument that Jai Gohel is making and he has not threatened a judicial officer.
Marlisa Ferreira can’t let it go. She told Judge Zuniga that Jai Gohel is threatening a judicial officer and should be dealt with harshly. Marlisa Ferreira is on one of her patented rolls. Judge Zuniga tells her to stop. Seriously! Saying Jai Gohel is putting fear in the court. Do you really believe that? Marlisa Ferreira interrupted her again and maintained her argument and keeps telling the Judge that he has threatened a judicial officer. Judge Zuniga says Marlisa Ferreira’s argument of putting fear in the court is an improper argument and it shows disrespect to the court.
Jai Gohel then asked for the court to order a copy of that record that Marlisa Ferreira just made of accusing him of threatening a judicial officer and wants to present it to the State Bar as an example of misconduct. He wants it marked and wants a copy of it.
Judge Zuniga took a few extra minutes. (I don’t know why she shows so much patience towards this type of nonsense) She told Marlisa Ferreira to calm down and let’s get back on track.
Marlisa Ferreira said Robert Woody has said he talked to his mother and the defense has said that officers put words in Robert Woody’s mouth. The Robert Woody conversation with Mom has a good basis to be truthful. It’s up to the jury to decide. Due to the threats from the Atwals, it goes to Robert Woody’s state of mind.
Percy Martinez argued Marlisa Ferreira is asking Robert Woody to adopt stricken testimony by Beverly Woody. On 8/8/2016, Robert Woody was asked what he said to Mom and he said not much. He was reading the transcript. Robert Woody said something happened, but didn’t give her any details. He said he didn’t want to discuss it, but he did say that Bobby and D were there. Percy Martinez said this is Beverly Woody’s story that has been stricken. Robert Woody has been asked several times by Marlisa Ferreira if he told his mother and he has said no. It’s stricken testimony and it’s not Robert Woody’s testimony anyway. It is improper for the court to allow Beverly Woody testimony in this trial.
Attorney Hans said Marlisa Ferreira said it goes to Robert Woody’s state of mind as to fear of the Atwals, but Robert Woody only said something happened, but no details. So there is no state of mind. Beverly Woody’s testimony was untruthful and Robert Woody said he didn’t tell her anything. It is not a consistent statement.
Marlisa Ferreira now says it is not all Beverly Woody testimony. She says also it was not all stricken, in fact, very little was stricken. Judge Zuniga looked at her funny when she said that. She said during the Judge’s holding order it was a source of information, Beverly Woody had stated many facts and Robin Atenhoffer or Robert Woody may have been the source. Beverly Woody knew it was Bobby and D on Frank Carson’s property and she also knew what was done with the body. The holding order, Marlisa Ferreira said, that Judge Zuniga said it was a foundation problem as to Beverly Woody and her testimony. There was nothing to establish that what Beverly Woody said was true and Robert Woody admitted it was not true. Beverly Woody also testified there was marked police car with Walter Wells standing outside and Frank Carson was also there. Beverly Woody knew all the facts and no discovery had been provided to her to review. Robert Woody will say what he told Beverly Woody. It goes to state of mind. What the defense is talking now is cross-exam information.
Now here we are coming up on 2:30PM and the jury still isn’t in the courtroom.
Again Marlisa Ferreira said the Judge can see what the state of mind is on the ruling on the hold order.
Judge Zuniga also told Marlisa Ferreira (she apparently was talking under breath or whispering to Kirk Bunch) that she can hear her whispered comments and she doesn’t appreciate it. Apparently, she said something that wasn’t too nice. Marlisa Ferreira said she is just trying to help. Judge Zuniga said: I don’t need your help, I know what I’m doing, I don’t need you to hold my hand here.
Marlisa Ferreira said: Oh yes, you do need my help. She couldn’t let it go.
Judge Zuniga asked Marlisa Ferreira to go into another area and she’ll decide this big mess later.
At 2:35 PM Robert Woody is on the stand. The jury is up. Miranda Dykes was recording Robert Woody in Robert Woody’s bedroom and there were people who walked in (apparently they had to go through his room to get to the bathroom). Brian Coates was one. Robert Woody didn’t know what he was saying at the time Brian Coates had walked through. They refreshed his memory. Robert Woody said he was talking about when the victim was shot and Korey Kauffman was shot that night. He was asked if he ever told Miranda Dykes that he felt bad for Korey Kauffman? He said yeah, I kind of remember. He refreshed his memory, but also said Korey Kauffman had brought it upon himself. He did not believe that he had just made that comment to Miranda Dykes. (He’s saying he didn’t really believe he said that. He was talking trash, he was high and saying stupid stuff). He was asked if Miranda Dykes was asking questions? He said not much. He discussed Korey Kauffman’s body if it had been found yet? He didn’t recall all the conversation. He didn’t think he knew the body had been found at that point. He did not recall telling Miranda Dykes the body had been found. When he read that, he said something unintelligible. He really looked confused. There was a non-responsive objection. He was asked if Miranda Dykes asked about the body? He told her they haven’t found “shit”. He told her about the keyholders. Everybody looked around at each other, not knowing what he meant. Marlisa Ferreira asked him, what did you mean by the keyholders? Robert Woody was stumped. He really didn’t know what to say to that. I don’t think he expected to be asked about that. He said he was trying to convey that to Miranda Dykes. He was asked again: What do you mean by Keyholder? Finally after a good minute, he said, key holders are people like Bobby and D. She asked, what do you mean by that? He was stuttering and stumbling for words. He didn’t know what to say. Finally he comes out with Key holders are upper people. The Atwals are the Kings and people like myself and Korey Kauffman are the pawns. She said like Frank Carson? He said, yeah, like Frank Carson.
He said he later talked to Miranda Dykes and the body had been found. He didn’t recall. He did talk about the body and it was out of town where he left the body. He had cut it up and left it on a pig farm. He didn’t recall hearing the body had been moved out of town. Before he was saying there was street talk that led him to say some of these things. Marlisa Ferreira asked him if he knew he was being recorded on the body wire? He said not at the time, but I found out shortly thereafter. He had told Miranda Dykes about cutting up and putting the body on top of the ground for the hogs to eat. Marlisa Ferreira was trying to relate that there was a relationship between where the body was found and where Robert Woody said he put the body when he was trying to romance Miranda Dykes. She said Robert Woody knew the body was in the mountains and on top of the ground and they did not bury the body in the mountains, so was telling Miranda Dykes the truth. He said: yeah.
The jury was sent out at 2:58 PM. The Judge wanted to take a break because of all the activity going on earlier and the court reporter was working fast and furiously up there.
We came back around 3:30 PM. Marlisa Ferreira immediately asked for a sidebar after the jury came up. She was looking at the transcripts of the testimony from the preliminary hearing and the citations she had given earlier and everyone was looking at the transcripts and I noted the Judge was taking notes and putting sticky notes on certain pages.
Marlisa Ferreira asked Robert Woody did he ever say what happened to Korey Kauffman? Robert Woody did not recall. He refreshed with a transcript. Miranda Dykes had asked what happened? If he was stabbed or shot? Robert Woody said both, he was stabbed and shot. Robert Woody said she had mentioned stabbed so he just went with that. He also told Miranda Dykes that Korey Kauffman had made his last fence jump and Robert Woody did not recall where he got the fence jump information from. (Remember they were talking about jumping the fence into the yard and getting killed that night). There were objections. There was a long, animated sidebar. People weren’t too happy up there.
When they finally came back, he was asked about the statement of the fence jump and what he was referring to. Again there was a foundation objection. When that objection happened. Judge Zuniga kind of froze. She had no idea what to rule. Everyone just stopped and looked at her, waiting for her to rule. It took her 30-40 seconds to rule. She won’t just say “objection sustained”. She just tells Marlisa Ferreira to rephrase.
Talking about Korey Kauffman, Miranda Dykes had asked about the fence jump. He did not recall. He refreshed his memory. Miranda Dykes asked if Korey Kauffman did the fence jump to do the thefts from the property.
The Judge said wait we need to clarify something here. It was late. It was 3:50PM and the jury was sent home for the day. Judge Zuniga was concerned about the last question Marlisa Ferreira had asked: Where did he get his information from? If the information was not coming from the Atwals it is not relevant. She said it is a foundation issue of what he will say. Marlisa Ferreira said she knows what he will say and she knows where it came from. If Robert Woody was there he can testify to the fence jump, but not through the fence jump as an unknown source of information. Judge Zuniga admitted at this time, on the record, that she gets things messed up in her rulings and she gets confused on all the things that are involved in this case. She mentioned it was Michael Cooley that said they jumped the fence to steal the property. She said it is only relevant if it was the defendants that mentioned something about the fence jump or if he personally saw the fence jump, otherwise it is hearsay.
They brought Robert Woody back in, outside the presence of the jury. Hans Hjertonsson objected that he hadn’t shown any loss of memory yet and it is an improper refresh. He objects to this private hearing outside the presence of the jury.
Judge Zuniga said Marlisa Ferreira has a foundation problem. There is no way to know how Robert Woody will answer the question about the fence jump unless they ask him.
Judge Zuniga asked Robert Woody about the Miranda Dykes question of the fence jump. Miranda Dykes asked if Korey Kauffman had jumped the fence to rip somebody off and steal property? How did he know that Korey Kauffman jumped the fence? He said he did not recall. She sent Robert Woody off the stand and will decide tomorrow morning.
This was a very contentious afternoon. I’m not giving my full opinion, but I think some of you know how I feel about some of this stuff. It was outrageous. You have an attorney accusing another attorney of trying to threaten and intimidate a Judge. So, that where we finished the day.
Robert Woody will back tomorrow and I think he will be back for the next few days, the way this is going.
Don’t forget my PayPal button on the in bottom of each report. You can donate in $5 increments. Just trying to pay the expenses. This has been going on for a long time. I also did a little calculating last night on how much money the Judge has made on the 3 years and guesstimating a little bit, the Judge has made about $250,000.
Don’t forget my sponsors. Merced Tile Supply over there in Merced. If anybody has any questions please send them to me on Facebook or through messenger or email. The email addresses are on the website.
Remember, what I say: Don’t take my word for it, come to court and find out for yourself! Good night everybody!
FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF TESTIMONY 01/30/2019
WEEK 37, DAY 130
BY WILLIAM THOMAS JENSEN (TOM)
NO LIPSTICK FOR THIS PIG CONT.
Court was once again delayed this morning. We started out about 25 minutes behind schedule. As we try to find ways to speed things up, this is one area that could be taken care of. If only the person in charge of this fiasco really cared, we might have been able to shave months off the length of this trial.
We start out around 10:25AM with the jury present in the courtroom, and Robert Woody on the stand. Marlisa Ferreira begins her continuing re-direct examination of Robert Woody by asking him about being interviewed on 07/10/2012 by Kirk Bunch at Pop N Cork Liquors. After getting his memory jogged, he remembers this interview, and states that it happened in the back room of the store. There are immediate objections to this line of questions, and we have our first side bar of the day. This side bar lasts a very long time, and at times becomes very animated. At 10:41AM, they are done with the side bar, and Judge Zuniga sustains the original objection, but overrules the side bar. I am not sure what that actually means. Marlisa Ferreira asks Woody about the interview at Pop N Cork once again. Kirk Bunch and Frank Navarro were the investigators that came to the store to talk to Robert Woody. Robert Woody could not remember the investigators asking him why he and Baljit Athwal went over to Michael Cooley’s house. Woody gets refreshed on this with some transcripts, and he states that they went over to tell Cooley to keep off Frank Carson’s property. Woody states that he did not know at the time that it was Frank Carson’s property. Woody states that he told Kirk Bunch that it was Frank Carson’s property. This does not make any sense to me, but I am reporting what I heard him say. Woody admits that he told Kirk Bunch more than once that it was Frank Carson’s property. He states that Daljit Atwal was present when the investigators came by the store to talk to him. Marlisa: “Did Daljit Atwal say anything?” Woody: “Yes.” Marlisa asks Woody if the investigators asked him if Frank Carson had asked him if he could find out who was stealing items from his property. Woody: “Yes.” Marlisa: “Did you tell them?” Woody: “Yes.” Marlisa: “Who did you find that out from?” Woody: “Frank Carson.” Marlisa: “Did you tell the investigators that?” Woody: “Yes.” Marlisa: “Did you tell the investigators why Frank Carson wanted you to do this?” Woody: “Yes.” Marlisa: “Why?” Woody: “Because law enforcement was being lazy, and not helping, and because I might know because I might know these guys that were stealing from him.” Woody states that Frank Carson wanted him to report back to him about this. He does not recall the purpose that Frank Carson wanted this information. After many objections, and many questions, Woody is able to state that it was so that Frank Carson could: “find out where the thieves were to make it easier for them to go get them.” Marlisa tells Woody that he testified that he was supposed to find out if Michael Cooley still lived on Lander Rd. Woody states that he was supposed to report back to Frank Carson. Woody states that he knew to go over to Michael Cooley’s house because Frank Carson had asked him to do so. He states that Frank Carson wrote him a note that requested him to do so. At this time, Percy Martinez requests a break. He and Frank Carson briefly leave the courtroom to meet in a private room by the entrance to the courtroom. When Percy and Frank Carson return to the courtroom, Woody states that Frank Carson asked him for help because he was in: “That circle of people.” Woody states that Frank Carson wanted him to work on getting information about the stolen property, because law enforcement was being lazy, and were not doing their job right. Woody states that Frank Carson did not charge him for his court case. This is because Frank Carson owed money to the Athwal brothers for a case that did not take as long as anticipated. The Athwal brothers had overpaid Frank Carson for that case and had a credit. This comes from earlier testimony in this case folks. Woody states that he told the investigators that miscellaneous stuff was being stolen from the Carson property. He states that he told the investigators that stuff was being stolen from containers and cars that were on the back lot of the Carson property. Woody states that he learned this information from Frank Carson and was told this at Frank Carson’s Law Office. This was objected to, and the objection was sustained. Marlisa Ferreira asks Woody if he got this information from anyone else. This gets objected to, and we have another side bar.
After the side bar, Woody states that Daljit Atwal was present during the entire interview at Pop N Cork Liquors. Woody says he got a telephone call on 7/12/12 around 10:30AM regarding the interview. It is brought out that this call was wire tapped. After some objections, and gyrations, Woody testifies that Daljit Atwal called him an idiot, and told him he was stupid, and to keep his mouth shut. He states that Daljit Atwal told him that he did not know how to talk. This is after being refreshed with transcripts of the wire tapped call. This gets some more objections, and at least one of the objections is sustained. We have a side bar. After the side bar, Jai Gohel moves to strike what had just been said by Woody. It gets stricken. Marlisa Ferreira asks Woody when he got the phone call from Daljit Atwal, what was his interpretation. That gets objected to, and the objection is sustained. Marlisa Ferreira: “What did you think he meant?” Woody: “Keep your mouth shut.” Marlisa: “What was his demeanor?” Objection, sustained. Marlisa: “Describe his voice.” Woody: “Pissed off.” Marlisa tries to ask Woody several questions about why he said Daljit Atwal was pissed off, but all of the questions were shot down by objections. Marlisa Ferreira: “What did Daljit Atwal talk about?” Woody: “The interview with the cops.” There is an objection to this, and we have another side bar. After the side bar, Judge Zuniga overrules the objection. Marlisa: “During the call did Daljit Atwal call you names?” Woody: “Don’t recall.” He gets refreshed with some transcripts of the wire tapped call and says Daljit Atwal called him a “Dumb ass.” I would call that fairly accurate.
Marlisa Ferreira: “Did Daljit Atwal tell you what to do if the investigators came back?” This gets objected to for being 352. Marlisa Ferreira shows Judge Zuniga some transcripts of the call. We have another side bar. After the side bar, Woody says: “Yes, to say nothing.” Once again, Woody states that Daljit Atwal called him a dumb ass. Marlisa Ferreira now plays the part of a Psychiatrist, and asks Woody: “How did that make you feel?” Woody: “Lower than a snake’s belly.” Marlisa Ferreira asks Woody if he told Detective Cory Brown about this when Brown picked him up at a gym. Woody: “No.” Marlisa: “Why not?” Woody: “I was directed to keep my mouth shut by the Athwals.”
Marlisa Ferreira asks Woody about before he was arrested. She asks Woody about the defense asking him questions about his body-wire statements. Woody states that he recalls that. Marlisa Ferreira asks Woody if anyone else was present when he made the body wired statements to Miranda Dykes. Objection, sustained. Marlisa Ferreira: “Was anyone else with you in the bedroom?” Woody: “Yes, Brian Coates (his nephew.) Woody does not remember if he continued talking to Miranda Dykes when Brian Coates came into the bedroom.
Marlisa Ferreira asks Woody if during his 03/01/2014 interview he was asked about the body wire. Woody: “Correct.” Marlisa tells Woody that she had asked him prior to this interview if anybody else was present, and that Woody had said that he had told his mother. Woody also speaks about telling Robin Attenhoffer, and Robert Branco. Marlisa Ferreira asks another leading question when she asks Woody when he told his mother Beverly Woody. Woody: “Night it happened.” He states that he told her this when he got home from Pop N Cork Liquors. The jury is now sent out about 10 minutes early for their lunch.
When the jury, and Robert Woody are out of the courtroom, Judge Zuniga asks Marlisa Ferreira why she is asking these questions to Robert Woody. Marlisa Ferreira: “For his state of mind.” Marlisa Ferreira states that he told Robin Attenhoffer: “If anything happens to me, the Athwals did it.” Robin Attenhoffer is deceased. She states that there is an exception to the hearsay rule that should allow her to get this in. Jai Gohel states that the court has already excluded this statement on direct examination. Percy Martinez states that Robert Woody has testified that the first person he told was his mother. Hans Hjertonsson states that this is hearsay and is 352. Marlisa Ferreira states that the defense has made it look like Robert Woody had just made this up because he wanted a better deal. Marlisa Ferreira says that Robin Attenhoffer is dead, but if Robert Woody told other people, it is important. She states that it is relevant to his state of mind and is a prior consistent statement. Judge Zuniga mumbles something about it being relevant, but it is not coming in. Marlisa Ferreira says she is going to find some areas in the transcripts to bolster her argument on this issue during lunch. We now leave the courtroom until 1:30PM.
At 1:32PM, Marlisa Ferreira tries to use Beverly Woody’s testimony to try to get the alleged statement made to Robin Attenhoffer by Robert Woody admitted. Judge Zuniga: “Her testimony has been stricken.” Hans Hjertonsson states that there are numerous lies in Beverly Woody’s testimony, and that it is ludicrous for Marlisa Ferreira to argue this when Beverly Woody is flat out lying. Hans states that Woody testified under oath that he never made such a statement. Jai Gohel starts making some very good arguments, and Marlisa Ferreira suddenly accuses Jai Gohel of making threats to a judicial officer (Judge Zuniga.) Jai Gohel goes ballistic, and says: “Did I just hear Marlisa Ferreira accuse me of making threats against a judicial official?” Jai Gohel immediately states that Marlisa Ferreira needs to get herself an attorney. Jai Gohel states that he is going to file a complaint against Marlisa Ferreira to the State Bar Association. Judge Zuniga tells Marlisa Ferreira: “Are you seriously saying that to me?” Marlisa Ferreira interrupts Judge Zuniga and starts talking over her. She tries to tell Judge Zuniga that she will help her find what she needs to see. Judge Zuniga goes ballistic and tells her that she does not need her help. Marlisa Ferreira: “Yes you do.” This was like a death match folks, and Marlisa Ferreira lost big time. Jai Gohel states that Marlisa Ferreira, if allowed to use Beverly Woody’s testimony will use this to ask Robert Woody leading questions. Marlisa Ferreira starts to spout off again. Judge Zuniga: “You need to stop.” Jai Gohel states that he wants this situation to be marked in the transcripts, and he will submit it to the State Bar. Judge Zuniga: “Move on.”
It is now 2:30PM, and we have been having war for about one hour. Judge Zuniga: “Call the jury up.” Robert Woody is put on the stand. Marlisa Ferreira once again starts asking Robert Woody questions on her re-direct. She asks Woody if when he talked about the body wire, he said that a couple of people were there. He states that his nephew Brian Coates was there, but he does not recall what he was saying when he came into the bedroom. Woody gets refreshed on this, and says he was saying: “He got shot.” He does not recall telling Miranda Dykes how he felt about Korey Kauffman. He gets refreshed, and states: “Brought it on himself.” Marlisa asks Woody if Miranda Dykes asked him any questions. Woody: “Yes.” Marlisa: “What did she ask?” Woody does not recall if she asked him what happened that night. Marlisa: “Was the discussion about Korey Kauffman?” Woody: “Correct.” Marlisa Ferreira: “Do you recall what she asked?” Woody: “Not a lot of it.” Marlisa Ferreira: “Did you know that the body of Korey Kauffman had been found?” Woody: “No.” After being refreshed, Woody admits that she asked him if the body had been found, and that he replied to her: “Haven’t found shit.” After some objections, Woody speaks about some “Key holders.” I thought he was speaking about the carabiner, but I was wrong. Woody was speaking about Baljit Athwal and Daljit Atwal, and the people in higher places. He speaks about them being kings, and that he and Korey Kauffman were pawns. Marlisa: “Did you feel like that at that time?” Woody: “Correct.” Woody testifies that later, in the body wire, he discussed about if the body would be found. He states that he said the body would not be found because it was placed out of town. He states that the body wire was captured prior to his arrest. Woody admits to telling Miranda Dykes about disposing the body, cutting up the body, and feeding the parts to hogs on the ground, where the hogs could eat it. He states that he told her it was important to not put the parts all in one spot, and to leave the parts on the top of the ground, and let it dispose of itself. Marlisa Ferreira: “Did you know where the body was?” Woody: “Correct.” Marlisa Ferreira: “Was this the truth?” Woody: “Correct.” We now take a break until 3:20PM.
After the break, at 3:23PM, we start out with a side bar before any questions are asked. Woody admits that Miranda Dykes asked him two questions. The first question was if Korey Kauffman was stabbed or shot. Woody states that he told her he was both stabbed and shot. Marlisa Ferreira: “Why did you say that?” Woody seemed to stumble with his answer and did not really have any reason why he told Miranda Dykes this. Woody states that Miranda Dykes asked him why Korey Kauffman was stabbed and shot. Woody states that he told her that when Korey Kauffman jumped over the fence, it was his last jump. Woody states that he does not remember where he got that information. He has testified that he stated to the investigators that he had heard that on the streets. We now have another very long side bar. I can see Jai Gohel and Hans Hjertonsson getting very animated during the side bar. After the side bar, Woody states that he does not remember Miranda Dykes asking him about jumping over the fence. It is now 3:50PM, and Judge Zuniga sends the jury home, and Robert Woody is taken off the stand.
Judge Zuniga now asks Marlisa Ferreira about her last question concerning Korey Kauffman jumping over the fence. She states that there is a foundation problem with the question. Judge Zuniga: “Unless he was there, he can’t testify to it.” Judge Zuniga states that it goes to his source of the information. Judge Zuniga: “My recollection is that Michael Cooley said this to Robert Woody.” Percy Martinez: “He has testified that he doesn’t know.” Hans: “He doesn’t know, she has to go through the steps.” Judge Zuniga decides to bring Woody back to the stand without the jury being present. Woody is put back on the stand, and Judge Zuniga asks him where the information about jumping over the fence came from. Woody: “I don’t really recall.” I could see Marlisa Ferreira slump in her chair when he said that. That was not the answer she wanted to hear. We are now done for the day. Court will resume tomorrow morning at 9:00AM to continue the arguments about Marlisa Ferreira wanting to use the testimony of Beverly Woody. I am getting my heating and air conditioning replaced tomorrow. It has been 23 years since we last replaced them. I have to stay home for that. There is no court on Friday. I will be there next Tuesday for more Robert Woody lies.
Sincerely; William Thomas Jensen (Tom)
To listen online go here:
Go to the link above and click on “episodes”
Both evening podcast and noon report can be heard here…….
FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF TESTIMONY 01/29/2019
WEEK 37 DAY 129
BY WILLIAM THOMAS JENSEN (TOM)
THERE IS NO LIPSTICK FOR THIS PIG
Today, we really had very little testimony. We had an incident involving a strange man sitting in the audience, and many arguments between the attorneys. As usual, Marlisa Ferreira got in trouble for asking leading questions, and testifying in front of the jury. Now sit back and enjoy as I give you the dirty details of what happened.
Judge Zuniga was basically one hour late to the courtroom this morning. She states that she had to pick up a birthday present for our fabulous bailiff Adrian Monza, and it was not ready when she went to pick it up.
Court started at 9:58 with the jury seated, and Robert Woody on the stand. Defense attorney Percy Martinez starts out continuing his cross examination of Robert Woody. Percy only has a couple of questions left to ask Mr. Woody. Percy asks Woody about the 04/24/2014 “Interview” that was done by Special Agent Jefferson. The jury does not know that this was the polygraph examination of Woody that Jefferson administered to Woody. At the end of this polygraph, Jefferson told the investigators that Woody had passed his polygraph examination. The investigators lied to Woody and told him that he failed his examination. That is how they forced Woody to tell his many lies. Woody admits on the stand that he denied any involvement in the killing of Korey Kauffman, or any knowledge of the killing of Korey Kauffman.
Percy Martinez now asks Robert Woody if he had any conversations with Miranda Dykes concerning the killing of Korey Kauffman before the conversation where he was captured on a body wire confessing to killing Korey Kauffman all by himself. Woody could not recall having such a conversation, even after being refreshed with some transcripts. Percy then tells Woody that last week he asked him if he had read his Stipulated Testimonial Agreement with an Attachment of Stipulated Facts. There were many objections on this by Marlisa Ferreira, but Percy eventually gets Woody to admit that if he testifies different from the stipulated facts it would violate his agreement, and he could lose his deal. Woody has to admit on the stand that one of the stipulated facts is that he must testify that he was there for the infamous “Your Ass is Grass” threat to Korey Kauffman. Woody, on the stand earlier last week testified that his memory of this alleged incident is very fuzzy. He also denied knowing anything about this to the investigators and denied any knowledge or involvement in his polygraph examination. Justice should be a search for the truth, but the truth is being trashed in this trial. Percy Martinez has no further questions.
It is now shortly after 10:00AM, and Marlisa Ferreira prepared to try to put lipstick on a pig with Robert Woody. She has a very sour look on her face as she begins. She shows Robert Woody the People’s 735, which is Woody’s testimonial agreement. She asks Woody: “Have you read your agreement.” He is reading the agreement on the stand. Woody answers: “Correct.” Marlisa Ferreira: “Is there an attachment?” Jai Gohel: “Your Honor, may we approach?” We immediately have a side bar. This side bar goes on for quite some time. While this was happening, a very strange man was seen by several of us in the audience using his cell phone. We point this out to the bailiff, who goes over to warn this person not to use his cell phone. As soon as the bailiff goes back to where he usually stands, this person is back on his cell phone again. A person near to me tells me that he is thumbing through pictures of each and every member of the jury on his phone. Judge Zuniga then catches him taking pictures of the jury on his cell phone. Things grind to a halt at this point, and the strange man is taken out to the hallway by the bailiff. This all happens at 10:10AM. The jurors are sent downstairs, and Robert Woody is taken off the stand. The judge actually has some conversation with a couple of us in the courtroom about what we had observed. Everyone is cleared from the courtroom, and the strange man is taken into the courtroom for an hour-long conversation with the judge. At 11:15AM, we are allowed to re-enter the courtroom, and Judge Zuniga states that she is going to have to have a conversation with each juror concerning what just happened. Before the jury gets into the courtroom, two of the defense attorneys state that they heard two of the juror’s state: “I quit.” The jury now arrives in the courtroom. The judge says this man’s name is Ricardo Ceron (sp?) She states that he has been cited for contempt of court, and his cell phone has been seized. She tells the jury that his photographs will be destroyed after a hearing that will be held at 9:00AM on 02/27/2019. The judge states that Mr. Ceron will have his own attorney to represent him. The judge states that this person states that he is a reporter, but that she is not sure about this. A real reporter would know that taking pictures in the courtroom is not allowed.
It is now 11:35, and the jury is sent out early for their lunchtime break. After the jury is out of the courtroom, and Robert Woody is taken off the stand, we go into some very testy arguments. Defense attorney Jai Gohel states that he filed a complaint with Judge Zuniga in October about how long it is taking Marlisa Ferreira with her Case in Chief. He states that she originally estimated it would take her 5-6 months, and we are now in the 10th month. Jai states that Marlisa waited until month 9 to put Robert Woody on the stand. Jai states that once Woody is done, this case is essentially over. Jai reminds the judge that two of the jurors requested an estimate from Judge Zuniga last week on how long this trial is going to drag on. Jai states that this trial has placed a tremendous burden on the jurors. He states that we have to give them an estimate on how much longer it is going to take. Jai Gohel states that the defense will only take around 3 weeks to put on. Jai Gohel wants the judge to mandate that we go into closing arguments around the middle of March. He states that the defense needs to call Patrick Emery to the stand. He is in the military and is all over the world at any given time. Jai Gohel states that there has to be a limit on how much longer Marlisa Ferreira has to put on her case. Jai Gohel states that he believes that Marlisa Ferreira wants to stretch this trial out to where she will get a mistrial because we will run out of jurors. Hans Hjertonsson joins in with these arguments and says everyone has a breaking point. Hans states that he has heard that some of the jurors are no longer getting paid by their employers. Hans states that the court needs to impose some limitations. He states that he committed to a relatively short trial, and he can’t keep on indefinitely. Hans: “If we can’t commit to them, how can they commit to us?” Percy Martinez states that all the projected endings of this trial have come and gone. He states that Marlisa Ferreira has a couple of witnesses she wants to put on the stand that will take quite some time.
At 1:43PM, with Robert Woody on the stand, and the jury in the courtroom, Marlisa Ferreira finally begins trying to put lipstick on a pig with Robert Woody. It is futile for sure. She shows Woody the People’s 735. It is the Testimonial Agreement Woody signed, along with his attorney Martin Baker. She gets Woody to state that he had to testify completely, and truthfully. Woody has been proven to tell lies on the stand. Marlisa: “What if you lie?” Woody: “Wouldn’t get one” (a deal.) Woody is asked if he ever went through the Stipulated Facts with his lawyer. Woody does not recall. Marlisa Ferreira: “Did Percy Martinez show you the Stipulated Facts?” Woody: “Yes.” Woody states that he does not know who wrote the stipulated facts.
Woody states that his attorney Bruce Perry was his first attorney. Marlisa Ferreira states that Woody testified that if was his belief that he had to testify to the stipulated facts. Marlisa: “Did you know what they were?” Woody denies that he had any memory of the stipulated facts.
Marlisa Ferreira now tries to find a way out of Robert Woody’s recent testimony that he did not see Korey Kauffman wearing a jacket. Every time she asked a question concerning this, it was objected to, and the objection was sustained. She wants to show Robert Woody a picture of the Carhart Jacket, but after a long side bar is not allowed to do so. She is trying to feed Woody information about the jacket, but Judge Zuniga will not allow this. Marlisa tries to get Woody the information a different way and starts asking him leading questions. Jai Gohel goes ballistic, and states in front of the jury that she is committing misconduct. It is now 2:27PM, and the jury is sent out of the courtroom. Robert Woody is taken off the stand. Marlisa Ferreira states that she was not asking leading questions but was just “Clarifying.” She complains about Jai Gohel saying “Misconduct” in front of the jury. Judge Zuniga tells Marlisa Ferreira that she holds her to a higher standard because she is the prosecutor. Hans Hjertonsson states that he, and everyone else in the courtroom heard Marlisa Ferreira call the defense attorneys “Pieces of Shit” as she walked away from a side bar. He states that she is leading, leading, leading. He states that she then follows up with an open-ended question. He calls her actions inappropriate. Jai Gohel states that Marlisa Ferreira is getting worse, and it is a statement of fact. He states that she asks leading questions and is coaching her witness by doing so. He states that Marlisa Ferreira is testifying for her witness. Percy Martinez states that this is a continued course of conduct by Marlisa Ferreira. Percy states that the court has tried to get her to stop. He states that the defense attorneys warned the court that she was going to do this in the Motions Illiminae. Percy calls what she is doing: “A purposeful course of conduct.” Marlisa Ferreira once again states that she was merely “Clarifying.” Judge Zuniga tells Marlisa Ferreira that what she is doing is indeed intentional. Judge Zuniga: “They know what you are doing.” Judge Zuniga: “Yes, it is improper.” Judge Zuniga: “You and I had this discussion before.” Judge Zuniga: “You weren’t clarifying, you finished his words for him.” We now take a break. Marlisa Ferreira looks like she is going to puke.
After the break, and before the jury is brought back into the courtroom, and before Robert Woody is put back on the stand, we have some more arguments on the jacket issue. It is clear that Marlisa Ferreira knows the importance of this issue, but she loses her argument. Judge Zuniga: “He said he did not see a coat.” It is now 3:17PM, and I can see Frank Carson standing up. It is obvious that his back is killing him. Marlisa Ferreira continues to argue that Woody said that he possibly could have seen a hoodie. Judge Zuniga: “Possibly is not a foundation.” Judge Zuniga: “Bring in the jury and Robert Woody.” Before the jury and Woody get into the courtroom, it is announced that court will resume at 10:00AM tomorrow because one of the jurors needs to take her son to the Orthodontist.
Marlisa asks Woody about his testimony where he said: “I don’t talk right.” Marlisa Ferreira: “Who were you talking about?” Woody: “The law.” Woody does not recall which investigator he talked to in the back room of Pop N Cork Liquors. Woody says that Detective Barringer “Sounds Familiar.” Objection, Sustained. That was another leading question. Marlisa takes Woody back to the 03/01/2014 interview. Woody states that his dad, his brother Brian, and the mother of his children Candy Watts were present. He admits that he was allowed to speak with Candy Watts after the infamous bathroom break. He states that Steve Jacobson was with him in the bathroom. He states that he was in the bathroom around 7 minutes, and that Jacobson told him to be truthful. He states he told Candy Watts to give his children his love, and that he gave her his sweater, and some money. He does not recall if he told her what he said during the interview. We have a side bar, and Marlisa withdraws her last question. Woody does not remember if Jacobson told him: “Robert, tell them what they want to hear.” Woody recalls testifying on cross examination that Jacobson told him to tell them what they want to hear. He states that this was a lie Marlisa asks him why he lied about this. Woody: “I just said it.” Marlisa: “Why did you just say it?” Woody: “I’m not sure.” Marlisa Ferreira: “Did Jacobson say that?” Woody: “No.” Woody states that nobody else talked to him while he was on his bathroom break. Woody states that he does not trust law enforcement, because his words have been used against him when they said they wouldn’t. Marlisa Ferreira: “Why did you say that you didn’t know anything?” Woody: “To see what it would get me.” Woody stated that he felt more comfortable with Steve Jacobson. He denies that Steve Jacobson ever told him what to say. This is a lie. We can hear Jacobson telling Woody what he should say during the transports from Tuolumne County. Marlisa brings up that Woody had told the investigators that they took the body of Korey Kauffman directly to the mountains. Marlisa: “Why didn’t you tell Jacobson?” Woody: “Holding back.” Marlisa: “Why?” Woody: “Nervous, scared.” Woody: “I was told to keep my mouth shut.” We are now done for the day. I will be there at 10:00AM to hear some more lies from Robert Woody.
Sincerely; William Thomas Jensen (Tom)
The gentleman in the audience was Ricardo Scarano and it is still unknown to us why he was wanting a picture of the jury.
The invention of the shovel must have been ground-breaking.
Court interrupted by disruptive person
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You have to admit, you gotta give your haters some credit.
I mean come on, who else thinks of you 24/7
and talks about you all the time