FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

ENTIRE DAY OF TESTIMONY 01/10/2019

WEEK 34, DAY 120

THE EVER CHANGING TESTIMONY OF ROBERT WOODY

 

Well here I go again. This article is going to take a long time at my computer, and it will not be posted until tomorrow morning. I am going to stay up late tonight to give you the story. We are back today after an extended number of days off for the holidays. Judge Zuniga was sick yesterday, and this morning she looked to be very much in pain. I heard that she had taken a fall, and she could barely make it up the stairs to her bench.

We start out at 9:18AM before the jury is brought up to the courtroom, and before Robert Woody is put on the stand. Defense attorney Jai Gohel speaks about a situation that occurred last week concerning a relative of one of the Punjabi interpreters. This relative was reported by a couple of the jurors for following them as they exited from the courtroom. Jai states that this situation had nothing to do with the defendants in this case, and that this person was visiting from Figi, and did not know the normal procedures in the courtroom. Judge Zuniga agrees with this. Marlisa Ferreira tries to make a big deal of the incident, and Judge Zuniga tells her that the situation will require no further action. Jai Gohel now brings up a possible witness that the defense might call to the stand. His name is Dr. Lee Ervin, who is a psychologist who did an evaluation of DA Investigator Kirk Bunch. Kirk Bunch has been trying to hide this evaluation for a long time. This evaluation became a public record when our former mayor Carmen Sabatino included it in a motion that he filed several months ago. It is very interesting reading and can be found on Dawgsblog if you want to read it. As this was being discussed by the attorneys, I could see Kirk Bunch turning beet red, and he went out to the hallway to use his cell phone at one point. Marlisa Ferreira argued that this evaluation is protected by HIPPA and was obtained illegally. She states that Frank Carson had used this report while representing a client during a trial, and that it had been obtained illegally. She wants an offer of proof from the defense why they need to show this information to the jury. Jai Gohel states that Dr. Ervin made determinations on Kirk Bunch’s mental health that affects his ability to do his job properly. Jai Gohel states that it is a publically served document. Once again, Marlisa Ferreira states that the information is protected by HIPPA. It involves an incident where Kirk Bunch had shot a person in the back who allegedly had killed his partner who he worked with in the Bay Area. Brad Nix, who was a DA Prosecutor, is said to have told Kirk Bunch that he murdered this person, but nothing was done about it, and Kirk Bunch continues to work for the DA’s Office as an investigator. Marlisa Ferreira states that there was an order by a Federal Judge that this information should not be exposed and was illegally obtained. Jai Gohel states that it is contained in a publicly filed document, and that Kirk Bunch is accused of being manipulative, and deceitful. Marlisa Ferreira states that she is demanding a 402 hearing on this matter. Jai Gohel states that this document was filed by Carmen Sabatino, but he does not really need to use this document. He states that he wants to ask Dr. Ervin about Kirk Bunch’s credibility. Judge Zuniga states that she is familiar with this document. She states that Dr. Ervin’s testimony is premature at this time. Hans Hjertonsson states that it is fine with him if this issue is litigated at a later time. It is now 9:35AM, and Judge Zuniga states that she wants the jury to be called up to the courtroom. Robert Woody is brought to the stand. At 9:40AM, the jury is in the courtroom, and Judge Zuniga explains to them what happened with the relative of the interpreter last week.

At 9:41AM, Marlisa Ferreira starts asking Robert Woody about when he was in the side yard of Pop N Cork Liquors. Woody states that he covered Korey Kauffman’s body with dirt and left the side yard through the gate. He states that Baljit Athwal was outside of the gate with the pickup truck. He states that Baljit Athwal had driven the pickup truck out through the gate after Korey Kauffman’s body had been unloaded. He states that Baljit Athwal told him to go back inside of Pop N Cork Liquors. Robert Woody states that Pop N Cork was closed for business at the time, and that Daljit Atwal was closing out the cash register. He states that Daljit Atwal was acting “Hateful.” He states that Daljit Atwal told him to: “Keep your fucking mouth shut” and that Baljit Athwal was outside of the store when Daljit Atwal told him this. Robert Woody states that Baljit Athwal told him to “Keep your mouth shut” when he came into the store. He states that he did not respond to either of the Athwal brothers when he was told to keep his mouth shut. Robert Woody testifies that he went back to stocking shelves at that time for about 45 minutes. He states that nobody else was present in the store during this 45-minute period. He states that Daljit Atwal and Baljit Athwal were speaking to one another in Punjabi and seemed to be argumentative. After about 50 minutes, Robert Woody states that Walter Wells showed up at the store by himself. Robert Woody states that Walter Wells had also been to the store before he and Daljit Atwal went to the Carson property on 9th Street. Woody states that during Walter Wells’ first visit to the store, he was drinking, and was talking to Daljit Atwal and Baljit Athwal. Robert Woody could not remember what time Walter Wells came over for this first visit to the store, but that it was still light outside when he arrived. He states that Walter Wells had two female family members with him during that first visit to the store. He states that Walter Wells, and his relatives, left the store before he and Daljit Atwal went to the 9th Street property. He estimates that Walter Wells and his relatives were at Pop N Cork for 1-1/2 hours before they left the store. He states that nobody else was at the store before he and Daljit Atwal left for the 9th Street property. Robert Woody states that a couple of officers came by the store, and that Walter Wells left the store before Baljit Atwal left Pop N Cork Liquors. He states that Baljit Athwal was gone for about 45 minutes before Daljit Atwal told him that they had to leave the store to go to 9th Street. Robert Woody testifies that Robin Attenhoffer was his girlfriend at that time, and was at Pop N Cork Liquors before it got dark that night. He states that Baljit Athwal checks the security camera recordings every morning. He states that he did not have any conversation with Walter Wells that night, and that Baljit Athwal and Daljit Atwal did not have a conversation at the store. He states that Walter Wells had come over to the store driving an older Toyota or a Honda beater 4 door car. He states that Walter Wells had come over to the store earlier in the day in a Cadillac. Robert Woody states that Baljit Athwal had been to the Carson property 2-3 days before that night. He testifies that Baljit Athwal had told him he was doing area checks on the property and had done so a couple of times before the night that Korey Kauffman was allegedly killed.

Robert Woody testifies that Baljit Athwal and Daljit Atwal talked with the CHP Officers about the thefts on the Carson property prior to Korey Kauffman being killed. These Officers included Eduardo Quintanar, Walter Wells, Scott McFarlane, and Tom O’Keefe. He states that the CHP Officers offered to help with the thefts. Robert Woody states that Walter Wells stayed at the store for about 30 minutes to one hour during his second visit to the store that night and then left the store. He states that everybody left the store around 3:00AM-3:30AM, and then went home. He states that Daljit Atwal told him once again to keep his fucking mouth shut, and that Walter Wells was already gone from the store at that time. He testifies that the Athwal brothers closed out the lottery machine before they left the store that night, but that he did not see them doing so. He states that they locked up the store and left for their homes. Now he states that he saw Daljit Atwal close out the lottery machine that night. Robert Woody now admits that he has difficulty with dates and times. He states that he does not remember if he had a cell phone that night. He states that he did not see if Daljit Atwal had a cell phone with him. He denies that Daljit Atwal and Baljit Athwal talked about their cell phones. He states that Daljit Atwal would use his cell phone or the store land line when he made calls, but that he did not hear a phone ring that night. He testifies that Baljit Athwal left in his pickup truck that night, and that Daljit Atwal left in his car. Robert Woody states that he went home, and that his mother Beverly Woody was awake when he got home. He states that he had a conversation with his mother that night in his mother’s room. Marlisa Ferreira asks Woody what he told his mother. We immediately have a side bar.

After the side bar, Robert Woody denies that he had used methamphetamine or alcohol that night. It is now 10:38AM, and we take our morning break.

After the break at 11:06AM, he testifies that he had told his mother Beverly Woody some details of what happened that night. He also states that he had given Robin Attenhoffer some details of what happened, but nobody else. He does not recall if he told anyone else about what happened after that night. He testifies that Brian Coates is his step nephew, and that Robert Lee Woody Jr. is his son. Woody states that he “Vagerly” told his son some little pieces of what happened that night. This is one of his own words that I have heard him use before in this case. Robert Woody states that Miranda Dykes was a homeless person who he met. He states that she was his girlfriend after Korey Kauffman was allegedly killed. He admits to telling her what happened that night. She was the one that wore a body wire, that captured his confession for the investigators. He states that Robert Branco is his sister’s son.

Robert Woody testifies that he worked at Pop N Cork Liquors the next day and showed up for work around 10:00AM. He states that Baljit Athwal and Daljit Atwal were at the store when he arrived. He states that he does not know who opened up the store that morning. He testifies that there was no conversation about what happened the night before. He testifies that nobody else was at the store that morning. He testifies that the light was poor on the side lot the night before, and that there were apartment complexes on the other side of the fence. He does not know if any of the apartments had their lights on. He states that the dogs are always barking near the side lot, but that they did not bark too much that night. He states that he did not see anybody else when he was on the side lot. He does not recall if he talked about the pickup truck the next morning when he was at the store, and that he worked the entire day. He states that he was once again told to keep his mouth shut the next day during the evening. He says that Daljit Atwal told him this, and that nobody else was present when this was said. Marlisa Ferreira asks Woody if he ever saw the gun that was used again, and he states that he did not see it again. He denies ever having a conversation concerning that gun.

Robert Woody now states that Baljit Athwal put a handgun in his front pocket when he left the store the night that Korey Kauffman was allegedly killed on the Carson property. He has never said this before, so he is now creating yet another version of what happened that night. I think this is version 18. He states that he had never seen this gun before. He states that it was black, and by his description indicates that it was probably a revolver. He states that Baljit Athwal put the gun in his front left pocket. Baljit Athwal is right handed. This does not make much sense to me. He does not recall seeing Walter Wells at the store the next day, and that Daljit Atwal worked the night shift that day. He states that Baljit Athwal was not at the store the entire day.

Robert Woody states that the Athwal brothers would refer to Frank Carson as “Uncle Frank.” He states that Baljit Athwal was not his usual self the next day and was: “Deep in thought.” He states that Daljit Atwal was acting the same and was a little bit mad and upset. Robert Woody states that he saw Walter Wells the next day at the store, and also saw Eduardo Quintanar, Scott McFarlane, and two Turlock Police Officers at the store. Robert Woody states that there were no parties held on the side yard while Korey Kauffman’s body was buried there. He states that the Athwal brothers did not want anybody on the side yard, and that he was told to keep the gate closed.

Robert Woody testifies that he did not see any injuries on either Baljit Athwal or Daljit Atwal. Marlisa Ferreira gets Woody to admit that he had told the investigators that Daljit Atwal had an ace bandage on his right hand, and had told a customer that he had fallen off a fast motorcycle. He states that he did not hear Daljit Atwal talk to Scott McFarlane. Marlisa Ferreira probes him on this, and he states that Daljit Atwal had a conversation with Scott McFarlane, Eduardo Quintanar, and one Turlock Police Officer where he told them that he had turned a corner on the motorcycle, and had hit some oil, and that he went down with the motorcycle. He states that Daljit Atwal had no other injuries, and that he worked at Pop N Cork Liquors the whole week. He states that he had no other conversations that week.

Robert Woody testifies that he was told by Baljit Atwal that they needed to move the body 20 days after Korey Kauffman was allegedy killed and buried on the side lot of Pop N Cork Liquors. He states that Baljit Athwal had told him that he did not want the body there and did not want to get caught with the body on the side lot. Robert Woody states that it was just getting dark, and that Daljit Atwal was there and present. Woody states that he was outside smoking a cigarette. He states that he did not ask where the body was going to be moved to. He testifies that he started moving the body about 30 minutes after being told that it had to be done. He states that Baljit Athwal and Daljit Atwal were acting normally. He states that he went to the side lot, and opened up the gate, and Baljit Athwal backed the pickup truck into the side lot. He states that it was now dark. Woody states that he dug up the body using the same shovel that he had buried it with. He states that the ground was dry, and it took him about 10 minutes. It took the investigators hours to dig up the area where Woody indicated the body was buried. Ten minutes just does not make any sense. He states that Baljit Athwal was by the gate, on the street side, watching out for anyone that might come by and see what was going on. He states that Robin Attenhoffer came by, and that he had not told her about what was going on. He testifies that she came into the side lot and asked a bunch of questions. Woody states that they were loading up the body when she came in, and that the body was still wrapped up in the tarp. Woody states that the body was wrapped up with the rags and the sheet rock knife. He states that he and Baljit Athwal were not wearing gloves when they moved the body, and that the body smelled foul. He states that Baljit Athwal carried the feet, and he carried the body by the shoulders. He testifies that they put the body in the bed of the truck and did not cover it with anything.

Robert Woody states that they got ready to leave with the body. He states that Baljit Athwal drove, he sat in the front passenger seat, and Robin Attenhoffer sat behind him in the back seat. He testifies that he did not know where they were going with the body. Woody states that he did not have a cell phone with him, but that Robin Attenhoffer had her cell phone with her. He states that he did not see Baljit Athwal with a cell phone. Woody states that Daljit Atwal was still at the store, and that the store was still open. He states that they drove up to the mountains. They drove out East Ave towards the mountains, and he does not know what highway they drove up on. He does not know what towns they drove through on the way up to the mountains. Woody testifies that it took them 1-1 ½ hours to drive up to where the body was dropped off. I can tell you that it takes at least one hour after you get off the main road before you reach where the body of Korey Kauffman was left in the forest. It is impossible to get to site in the time that Woody has testified to. It is more like 2 ½ hours from Pop N Cork to this spot. Woody states that there was no snow that night, and that they saw no other cars on the road. They drove past a campground, and turned around, and stopped about ¼ mile from the campground. Nobody was at the campground. The headlights were off on the pickup truck. They pulled the body out of the pickup truck bed and took it about 30 yards from the road. They unrolled the body from the tarp and scattered the fingers and the toes in the woods near the body. They laid the body on the ground and did not cover the body. They wrapped up the blood-soaked rags, and the sheet rock knife in the tarp, and put them back in the back of the pickup truck. Woody testifies that Baljit Athwal said: “Hurry up.” Woody states that they had no conversation on the way back to Pop N Cork Liquors. He states that they made no stops on the way back to town. He states that they got back to Pop N Cork Liquors between 2:00AM and 2:30AM. This time line does not make any sense. To get up there and back by that time is simply impossible based on when they left Turlock. Woody states that when they got back to the store, they put the tarp on the side lot by the lawn equipment. He states that he burned the sheet rock knife and the rags and put the tarp in the dumpster the next day. Woody states that before he buried the body at Pop N Cork, he put the boots back on Korey Kauffman. This was after the fingers and the toes had been cut off. Woody states that the socks were put with the rags and wrapped up in the tarp. He does not remember what he did with the socks when the body was moved to the mountains. When the boots were found, and analyzed, there was no trace of blood found in the boots. There would have been blood in the boots if the toes had been cut off as Woody said. The inside of the boot would have protected the blood from the elements, and it would have been detected.

Woody states that the body was 30-40 yards from the road, and that some trees were obscuring the view of the body from the road. Woody states that he was told to get rid of the truck when he got back to Pop N Cork Liquors to get rid of the evidence. He was told to burn the truck. Woody states that he and Robin Attenhoffer drove the truck out East Ave in Turlock until the road dead ends. They were followed by Daljit Atwal in his car. He states that Baljit Athwal gave him the keys to the truck. Woody states that he got a gas can from the side lot and used this gas to douse the inside of the pickup truck. He states that Robin Attenhoffer got out of the truck before this and had gotten inside Daljit Atwal’s car. He states that Daljit Atwal stayed in his BMW while he set the truck on fire. He states that he put a cigarette inside a book of matches so that the matches would eventually light. This set the gas-soaked truck on fire. He states that they left Pop N Cork to burn the truck around 2:40AM. He states that he did not have a cell phone with him, and he does not recall if Robin Attenhoffer had her phone with her. He states that Daljit Atwal had a cell phone with him. Somehow, he states that Daljit Atwal was watching the truck burn on his cell phone. I do not understand how this could have been done.

Woody testifies that they got back to Pop N Cork around 3:15AM, and that Robin Attenhoffer went back home at that time. He states that Daljit Atwal went inside of Pop N Cork Liquors, and that Baljit Athwal said that he was going to make a police report that the truck had been stolen. After some side bars, Woody states that Daljit Atwal took Baljit Athwal home. He states that he then went home, and that Robin Attenhoffer was there. His mother was there, his dad was there, his sister was there, his niece was there, his nephew was there, and his son was there. He states that he told nobody about what had just happened.

Marlisa Ferreira now asks Woody if he knows the date of the case where Frank Carson got the case dismissed for him. He does not remember the date. He states that he was told about the dismissal by Frank Carson. While at this court hearing, Woody states that Baljit Athwal got information from Frank Carson about Michael Cooley. Woody testifies that he and Baljit Athwal went to Michael Cooley’s house, and then went back to Pop N Cork Liquors. When they got back to the store, Woody said that Baljit Athwal told Daljit Atwal in English about issues of stolen property from the Carson property. Woody states that Frank Carson thought he would know about these thieves because he was a former thief.

Robert Woody testifies that after Korey Kauffman was killed, Daljit Atwal and Baljit Athwal said that the thefts on the Carson property continued. Judge Zuniga now sends the jury out of the courtroom. Woody had just testified that they had been speaking Punjabi, and Judge Zuniga wanted to know how he understood what they were saying to each other. Woody changes his testimony at this point, and states they were speaking English. The jury is brought back into the courtroom. Woody testifies that Daljit Atwal said that the mother fuckers need to stop stealing from the Carson property.

Robert Woody testifies that he continued to work at Pop N Cork for about two years after the pickup truck was burned. Marlisa Ferreira asks him if he knows Kevin Pickett. Woody states that he knows of him. This was objected to, and the objection was sustained. Woody testifies that Kevin Pickett came by Pop N Cork Liquors with a flyer and posted it on the front door to the store. He states that he did not talk to Kevin Pickett. Woody states that he did not know Michael Cooley prior to his talk with Frank Carson at the courthouse. Woody states that Kevin Pickett posted the flyer at Pop N Cork Liquors about one week after he had been killed. He states that Daljit Atwal and Baljit Athwal spoke to Scott McFarlane about the flyer, and that Scott McFarlane had asked if Korey Kauffman had been seen at the store. Woody states that he does not recognize the name of Steve Duden. Steve Duden is one of Frank Carson’s Private Investigators. Woody states that he spoke to the Private Investigators (2), but does not remember their names. He states that he spoke to them in the liquor room at Pop N Cork Liquors.

Marlisa Ferreira shows Robert Woody the People’s 736, which is a minute order of his case that was dismissed. Frank Carson had represented him in this case. It is determined that he met with the Private Investigators after the first search warrant had been served at the Woody residence. Woody states he met with them to discuss how the cops had destroyed things during the search warrant. Woody testifies that Detective Jon Evers, and another investigator came by Pop N Cork after the Private Investigators had stopped by to speak to him.

Marlisa Ferreira now asks Woody about hearing anything about tracking devices. He states that Daljit Atwal had called Eduardo Quintanar, and that Quintanar had told him to have Robert Woody to look under the car with a flash light to check for tracking devices. Woody states that he did not find any tracking devices. Woody testifies that Daljit Atwal and Baljit Athwal talked about stacking stuff up on the Carson property to try to catch the thieves. He states that they talked about this before Korey Kauffman was killed.

It is now 2:59PM, and it is time for our afternoon break. After the break, while the jury was still out of the courtroom, the attorneys argue about some issues that had come up during Woody’s testimony. Marlisa Ferreira had asked Woody how he felt about what he had participated in. This had been objected to. Marlisa Ferreira states that this goes to Woody’s state of mind, and is relevant. She states that he was afraid, and might say that he felt remorse. Jai Gohel states that if Marlisa Ferreira want to paint Woody as being a “Good Guy” this will open up a door for the defense to ask some questions that they had been prevented from asking. Hans Hjertonsson states that Robert Woody’s state of mind is not relevant. Hans states that Woody has already testified that he cut off the fingers and the toes because he decided to do so. Judge Zuniga states that Woody has said multiple things. She overrules the defense objections to Marlisa Ferreira’s questions concerning this.

Now we really get testy folks. Jai Gohel all day had been objecting to the frequent leading questions that Marlisa Ferreira had been asking Woody. She has been sternly warned by Judge Zuniga about doing so many times but continues to do so. Jai Gohel states that Marlisa Ferreira is coaching the witness with her questions. He calls this misconduct. He has called this misconduct many times before. Judge Zuniga agrees. She tells Marlisa Ferreira that she has gotten herself into a bad habit. She tells Marlisa Ferreira that she is leading her witness all the time. Marlisa Ferreira gets argumentative with the judge, and it evident to me that she is losing her argument. She is pushing the judge too far, and I think that something harsh is coming down the pipe for her soon.

It is now 3:42PM, and Robert Woody is put back on the stand, and the jury is brought back into the courtroom. Marlisa Ferreira asks some questions, and Woody states that he felt sick and scared after what he had done. He states that it still bothers him. Woody states that after he was arrested, his father worked at Pop N Cork Liquors, and he had spoken to Baljit Athwal on his father’s cell phone when his father was at Pop N Cork Liquors working. He states that Baljit Athwal had told him that he would put some money on Woody’s books at the jail. He said that Baljit Athwal had told him to keep quiet. Woody states that he does not remember if he got a letter that told him that his phone calls had been tapped. He states that Baljit Athwal and Daljit Atwal had received these letters. Woody calls them: “Love Letters.”

Marlisa Ferreira, while asking this last series of questions, is caught red handed by the judge asking some more leading questions. The jury is sent home at 3:55PM. Judge Zuniga, after the jury and Woody are out of the courtroom, states that the only issue is what sanctions she will impose on Marlisa Ferreira. The date for all of this to be hashed out is set for February 1st. Marlisa Ferreira has already been found guilty of misconduct, and she is caught multiple time today doing the same thing. Marlisa Ferreira had filed a motion for this to be reconsidered by Judge Zuniga, but the judge stated the only issue is what sanctions she is going to impose on her. Hans Hjertonsson states that there is no evidence of a jail conversation between Robert Woody and Baljit Athwal. Hans states that all jail calls were recorded, and none of the calls involved Woody speaking to Baljit Athwal. Marlisa states that this was mentioned in some of the investigator’s reports, so there is indeed evidence to support this. Hans states that there is no discovery of any jail house records that would show that Baljit Athwal put any money on Robert Woody’s books in the jail. Hans states that he wants an receipt to show that this happened. Judge Zuniga demands that the prosecution produce such a receipt. Well, I am done with this marathon article. It is now 11:07PM, and I have been typing for almost five hours. We just have some motions in the morning. They start at 9:30AM. I will not be there tomorrow. The judge meets with the Attorney General in the afternoon. Testimony will continue at 10:00AM on Tuesday. There will not be any court Tuesday afternoon to accommodate a juror’s need.

Sincerely; William Thomas Jensen (Tom)

 

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