Good evening everybody.  This is Marty from Dawg’s Blog with tonight’s podcast of today’s activities in the Frank Carson, et al trial. Today is January 16, 2019.  This is a Wednesday and the first day of the court week.  If you listened to the noon report Robert Woody finally went on cross exam today. Hans Hjertonsson started cross examination.  It is going to be a tedious process. Robert Woody does not have good recall in some areas.

Another thing I’d like to briefly note.  I heard a rumor this week.  (You know I don’t like rumors too much). John Mayne, who ran for District Attorney this last election cycle, and I thought he did a good job running for DA.  He made a strong effort and did many things the current DA was unwilling to do. John Mayne had been transferred from prosecuting major felony cases, mostly homicides, he’s been delegated to the Juvenile Justice Center to handle the prosecutions out there.  I did see him today.  I did ask him and he did confirm that it is true.  It didn’t sound like he knew when he was going out there.  But it is what it is.  We talked a few minutes and he knew full well going into this if he didn’t win this type of thing could happen.  It is a shame, but that’s the mentality that the voters in this county have re-elected Birgit Fladager and this is the type of activities she does.  Hopefully it will all work out eventually for all involved.

The Jury was up around 1:34PM.  Judge was on the bench at 1:36PM.  For the most part the jury was in the courtroom today.  Sadly that is the exception and not the rule.  Attorney Hans was doing the cross exam of Robert Woody and he was talking about the interview in 2012. Robert Woody had talked about with investigators some of the things he’d heard on the street.  The street talk was that he was involved in this homicide. He’d known Miranda Dykes for 2-3 months prior to making this statement about killing Korey Kauffman.  He said in the statement that he killed him all by himself.  Remember that is the body wire worn by Miranda Dykes. It is on the website, if you do a search. He also said he told Kirk Bunch he knew he’d been recorded by Miranda Dykes, but still he made all those statements. I guess that is what happens when you want to get into someone’s pants bad enough. 

There were some things in regards to that.  Robert Woody had problems remembering things and his response was “Do not recall”. Once you say “I don’t recall”, you can refresh the memory and then you can’t keep asking questions if they don’t remember.  Many of these witness for prosecution are very familiar with the term “Do not recall”. 

Jon Evers told Robert Woody that they have his confession on tape.  He said he didn’t recall Jon Evers saying that.  Robert Woody read it from the transcript and said it still does not refresh his memory.

Robert Woody said Daljit Athwal had hired “a guy” to do something to Korey Kauffman. Robert Woody did remember that was true.  He asked if he remembered Kirk Bunch saying something to the effect, I don’t believe that Daljit Athwal had hired somebody.  He didn’t recall that part. He read the transcript and said it still doesn’t help him remember, but he knows that Daljit Athwal hired a guy to do something to Korey Kauffman, but doesn’t remember anything else.  Says he remembers Bobby and D did it, when Kirk Bunch asked him about it.  He said that Kirk Bunch said and he agreed that it was on the Frank Carson property, but then backpedaled and said “I don’t recall”. Again refreshing.  Just about every question was refreshed with Attorney Hans today. He said that did help him remember on that one, which led to a sidebar, for some reason. Robert Woody said they did hire “a guy”, he was still stuck on that one for some reason and Kirk Bunch didn’t believe it.  Hans Hjertonsson read the preliminary hearing testimony of Robert Woody, where he said that was a lie. He remembers thinking at one point that Scott McFarland had done something to Korey Kauffman and was responsible for him disappearing.

Steve Jacobson had told Robert Woody he was just brought in for questioning initially and then brought in saying he was helping the Athwals and then ended up killing Korey Kauffman.  He did not recall that statement by Steve Jacobson.  These are all statements in the reports and transcripts.  He says he remembers telling Kirk Bunch that they Athwal’s were hostile with him and “shit”. (Whatever that means).

 He said that when he was asked about the body wire worn by Miranda Dykes that Miranda wanted a story and he told her one. He was trying to impress her. He told her the story he had heard on the street. Again Jon Evers had said they have his confession and he told Kirk Bunch that he was not there in that recording he only made it sound like he was. 

Remember Robert Woody was arrested around 8:00 at night on 2/28/2014 and they interviewed him for several hours going into the early morning hours of March 1, 2014. He’d been on a several day binge of alcohol and methamphetamine and had very little sleep the days before turning himself in and then they kept him up all night.  After 4 hours they took a break and Kirk Bunch took Robert Woody to the bathroom. Kirk Bunch made a point of saying, we are going to take a break and not talk about it.  They stepped out of the interview room (no recording where they went).  They were out about 20 minutes and when they got back to the room Kirk Bunch says that he wanted Robert Woody to repeat what was said during the break, so apparently they did talk about it.  He made some type of statement when he went to the bathroom.  Bruce Perry and Martin Baker were Robert Woody’s attorneys and there were two private investigators there also.  The private investigator told him, apparently in the bathroom or something, just tell Kirk Bunch what he wants to hear if he wanted to get out of this. This ended up in a sidebar, so I don’t know the issues involved there.

Hans Hjertonsson was going to go over the September 27, 2016 preliminary hearing testimony and he read the line numbers they were going to read and Marlisa Ferreira said she wanted the next line read too. The Judge said no, that’s been struck, so it can’t be said.  What Marlisa Ferreira was probably hoping, as it happens every so often, that the Judge wouldn’t realize it had been struck.  She tries to use every angle she can.  He talked about when Kirk Bunch said that he was on 9th St. Robert Woody said he wasn’t on the property and again he was reading the transcript to refresh his memory.  He said Kirk Bunch asked him where it was at and he said he couldn’t remember where it was, it was somewhere on 9th St. maybe.  Robert Woody was asked to describe the property and Robert Woody said “what property are you talking about?”  This is his attention span.  Kirk Bunch asked him if it was on the street. Robert Woody said he wasn’t sure, it could have been.  Again he was reading transcripts to confirm what he said in the preliminary hearing. He said it didn’t refresh his memory about what he said it happened on the street and not on the property itself.  Kirk Bunch kept saying “c’mon Robert, just say it”.  He said he didn’t recall Kirk Bunch saying anything like that.  Robert Woody said he has to prove that he has not done anything wrong, his innocence.  Again he said he didn’t remember anything like that, but he kept saying it to Kirk Bunch and Steve Jacobson too.  He would say something and they’d call him a liar and he’d say that he was having to prove his innocence to them.  He was again asked if Kirk Bunch said it happened on 3/30/2012?  Again he had to refresh his memory.  Again he said it does not refresh. 

In the 3/1/2014 interview, Kirk Bunch asked him what Korey Kauffman was wearing.  Robert Woody said at the time he didn’t know and now he admits it was a lie that he didn’t know what Korey Kauffman was wearing. He admitted he had said, (it is kind of a duplicative question that lead to the same type of answer) that he didn’t remember what Korey Kauffman was wearing.  After March 1, 2014 interview he said it just popped into his head one day what he was wearing, it was later on sometime after that interview.  He was asked by Hans if he said it was something that came to him in a dream? Robert Woody looked at him kind of funny and said “In a dream”?  Again they read the transcript and that is what he had said at one point.  I think that was during the interview or a subsequent interview, I don’t believe that’s what he testified in the preliminary hearing. 

Jon Evers and Kirk  Bunch were asking about where they entered the property?  Robert Woody said in the front, I guess, that’s where the gate is. He was asked if Daljit Athwal got out of the car to help.  He said “probably”. Then he says he didn’t really recall saying that probably comment.  Reading the transcript again, he said it doesn’t help.  When Kirk Bunch asked him if Korey Kauffman died from the injuries received during the altercation, did he say “I guess, yeah”.  He didn’t recall saying that.  Later he had said he had lied to everyone that he was talking to in that March 1, 2014 interview.  Robert Woody went back and forth on many things today. 

Steve Jacobson transported him to court when Robert Woody was in Tuolumne County.  They had many conversations during the rides.  Hans Hjertonsson asked him if Steve Jacobson started talking about how he wasn’t going to see his kids any time soon if he’s in prison and unable to help his Mom with her health problems.  He didn’t recall anything like that being said.  Steve Jacobson said that he was just wanted to be sure he saw the truth of the matter here.  One March 14, 2014, he told Steve Jacobson, “I don’t know anything”.  Asked who the real killer were he said “I don’t know”.  Again he doesn’t recall saying that, but it is in the records of the interviews.  He told Steve Jacobson, “if I did know, I would spill my guts to get free”.  He thought the truth would get him free. He says he can only get free by telling the truth and that what he believed the polygraph would do for him too. But in the transcript he says, everytime I tell the truth I get called a liar.  Now, he’s saying he does not recall saying that.  There were many things he didn’t recall saying that were part of the record. 

There was an objection and the jury was sent out. Marlisa Ferreira was objecting to this line of questioning because they are moving into the polygraph questions.  When Hans Hjertonsson asked him if there was a black officer that he talked to at the DA’s office, well that was Officer Jefferson that did the polygraph on him.  You can’t bring up a polygraph in court. People think a polygraph will clear them.  It can’t be used in court. In this case he did pass the polygraph, but the investigators told Robert Woody’s attorney and him that he didn’t pass.  So this is when Robert Woody started to make a turn, because he thought the polygraph would clear him because he was telling the truth.  They lied to him and told him he did pass (which they can do).  This is something to think about when someone asks you to take a polygraph. 

After break they went back to talking about Steve Jacobson’s transports.  In March 2014, Robert Woody told Steve Jacobson they only thing that will set him free is the truth.  Again he had to read the transcript to try to remind himself and again he says it does not refresh his memory. Robert Woody’s memory is not good and I believe that. Although, he is a little selective about the things he remembers.  He said it may help to play the audio, so that’s what they’re going to do tomorrow morning, so he can listen to the recordings and it may help to listen in his own voice. Attorney Hans asked about Robert Woody saying he can help you guys, meaning the officers, by making false statements and pointing towards other people. Robert Woody did not recall saying that. Reading a transcript to refresh does not refresh his memory, but listening to the audio, he says, may help.

Robert Woody said in that interview on March 1 of 2014, he said he told lies and stories about the property that were not true. After that March 1, 2014 interview he had made a statement that he had made it all up and he says he didn’t recall saying that. So back to the transcript again.

There’s a sidebar that led to that too. There really was a small amount of sidebars today as compared to the normal amount, so it wasn’t too bad.

Hans asked him at the preliminary hearing, if he told law enforcement officers right after that March 1, 2014 interview that he had made it all up? He didn’t recall. Attorney Hans was giving him the preliminary hearing testimony transcript page numbers to refresh. He says this one does refresh and at the preliminary hearing, he told law enforcement that he said it was not true. He had made it all up. Now he doesn’t recall, again.

There was a jail call shortly after he was taken into custody and he told his parents that he didn’t know anything about the missing person case with Korey Kauffman. He made a comment that they want him to say things that aren’t true.  He was asked if they called him a liar every time he tried to say the truth? He says he did not recall. Two months later at the DA’s office, there was another interview, in which he told an officer something else.

Again another objection because are getting into the polygraph area again. The judge realizes this is going to be an issue. She sent the jury out at 3:47 PM and Woody was sent out the room. They were done for the day.

Marlisa Ferreira’s objecting because she’s afraid since Woody is not very bright, kind of a dumbass, that he may blurt out that it was a polygraph examination and that’s inadmissible evidence. Part of this polygraph the Test itself they aren’t going to allow in, but there was a pre-polygraph interview, where some questions were asked and that they’re going to allow that.  But they will just call it an interview. Robert Woody’s attorney, which I believe was a public defender standing in for Bruce Parry, because Bruce Parry is on vacation.  But he did say he would talk to Robert Woody and remind him not to mention the word polygraph.  He would tell him today and in the morning.  That’s the best they could do with the situation for today.

Jai Gohel want to put on the record there is an issue that he had objected to earlier and wanted to have a sidebar with the Judge was the ongoing problem of Marlisa Ferreira asking leading questions over and over again. He said this is ongoing misconduct and he just wants to make his record and bring it to the court’s attention.

Marlisa Ferreira went into an argument how attorney Hans is misleading Robert Woody, being constantly refreshed by the transcript and blah blah blah…… She said that Hans Hjertonsson was going to have Robert Woody listen to the recordings at the lunch hour, which wasn’t done, so it’s misled the jury.

Attorney Hans argued he was gonna listen to the recordings, but it wasn’t necessary to be done at lunchtime, he plans to do it tomorrow morning. Hans Hjertonsson said argued that Robert Woody cannot recall hardly anything since the defense started cross examination and so they have to have a way to refresh his memory and using these recordings and stuff will be part of that.

Judge Zuniga disagreed with Marlisa Ferreira and said she didn’t believe Hans Hjertonsson said he would listen to the recordings over the lunch hour and if  Marlisa Ferreira can provide the court some transcripts of what was said and how it was said, the Judge may reconsider it.

That was it for the afternoon afternoon session. Robert Woody was having trouble remembering things, an ongoing problem, which he didn’t have on direct. Attorney Hans also mentioned that Robert Woody had spent several days, a couple months ago at the DA’s office, going through all these transcripts and recordings. He’s spent quite a bit time over there doing that, which is normal for an attorney to prepare a witness. Once they are on the stand then you cannot have contact with that witness. 

We’re at back tomorrow with the jury at 10 AM. Attorneys back in court at 9 AM.

I have a Paypal button at the bottom of each each post. Don’t forget my sponsor,  Merced Tile Supply out on Highway 59 in Merced. He really got some really affordable, good stuff out there. There hasn’t been very many people in court lately and you know what I always say: don’t take my word for it, come to court and find out for yourself. Goodnight everybody!

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