FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

AFTERNOON SESSION 01/16/2019

WEEK 35, DAY 122

WOODY REMEMBERS NOTHING

 

I had a dentist appointment this morning, so I was only able to attend the afternoon session. Marlisa Ferreira finished her direct examination of Robert Woody this morning, and defense attorney Hans Hjertonsson took over on cross examination before court recessed for lunch. Robert Woody was ridiculous on the stand this afternoon. He refused to “remember” anything he testified to under oath in the Preliminary Hearing. His demeanor on the stand was vastly different than the demeanor he had when Marlisa Ferreira was asking the questions. He was impeached on the stand several times by Hans Hjertonsson, and his sudden lack of memory led to some puzzled looks from the jury. I think this strategy will backfire on him. By the time the defense is done with him, he will be viewed in the same light as Jim Cook. He will be destroyed. His credibility is sinking with every question that the defense asks him.

The afternoon session started out with Hans Hjertonsson asking Robert Woody about the 4 statements that he gave to law enforcement, and how he initially denied involvement with the killing of Korey Kauffman. Woody testifies that he had been with his girlfriend Miranda Dykes for 2-3 months when he was captured on her body wire saying that he had killed Korey Kauffman all by himself. Robert Woody did not recall DA Investigator Kirk Bunch telling him that he had convicted other people with less evidence than he had on him with the wire tapped confession. Hans Hjertonsson shows Woody the transcripts concerning this, and he still stated that he did not recall hearing Kirk Bunch telling him this. Woody did not recall Kirk Bunch telling him: “We have your confession, do you understand the magnitude of that?” After being refreshed with the transcripts, he still stated that he did not recall Kirk Bunch telling him that. Hans Hjertonsson then asks Woody about a statement that he had made where he had said that the Athwal brothers had hired a guy to kill Korey Kauffman. He could not remember telling the investigators this even after being refreshed by reading the transcripts. Woody could not remember asking Kirk Bunch “Where did it happen at?” when he was being confronted with the killing of Korey Kauffman. He could not remember Kirk Bunch telling him: “You know where it happened at Frank Carson’s property, but admitted to that after being refreshed.

Hans Hjertonsson impeaches Robert Woody for lying about testimony where he said that the Athwal brothers had hired a guy to kill Korey Kauffman. Kirk Bunch had told Woody: “I don’t think they did.” Robert Woody just testified that he was being truthful about this, but Hans Hjertonsson shows Robert Woody that he testified in the Preliminary Hearing that he had lied about this. I know this sounds confusing, and much of his testimony today was confusing to me. Woody admits that he had testified in the Preliminary Hearing that he had indicated to the investigators that Scott McFarlane had killed Korey Kauffman.

Robert Woody could not remember DA Investigator Steve Jacobson telling him: “you were perhaps involved with the killing of Korey Kauffman but you did not hurt this guy.” Woody remembers Steve Jacobson telling him that he tried to help Korey Kauffman, and had pulled Bobby Athwal off of Korey Kauffman. Robert Woody could not remember telling the investigators: “How was I involved with this?” He could not remember asking the investigators: “How in the Hell can I know something I don’t know?” Woody did not remember telling the investigators: “I told Miranda Dykes a story that I heard on the streets.” He could not remember Detective Jon Evers telling him: “We have your confession.” He could not remember telling Kirk Bunch: “I was not there, but I made it sound like I was there.”

Hans Hjertonsson now speaks about how after 4 hours of interrogation, Woody went on a bathroom break, where Kirk Bunch had told him that they were not going to talk about the killing of Korey Kauffman. Hans brings out that after the bathroom break, Kirk Bunch states that Woody had made a statement. He could not remember the investigators telling him that: “You were there, and left the scene before things got out of hand. Hans tries to bring in the statement where the investigators told him: “Just tell us what we want to hear.” This was objected to, and a side bar is requested by attorney Dale Bonner who is filling in for Bruce Perry who is on vacation in Hawaii.

Hans Hjertonsson now impeaches Robert Woody with his testimony from the Preliminary Hearing. Kirk Bunch, during an interview, had asked Woody if he had been on the Carson property when the killing of Korey Kauffman had occurred. Robert Woody had told Bunch that: “I was not on his property.” Woody admits to this after being refreshed with the transcripts.

I note that at this time, our former Mayor of Modesto Carmen Sabatino enters the courtroom. It is now 2:22PM. Carmen was asleep in the courtroom by 2:38PM. Now here is the disgusting part. A couple of us had noticed the strong smell of “Poop” in the courtroom. I checked my shoes, in case I had stepped in dog poop while walking my dog at lunch. My shoes were clean. It appears the odor appeared when our elder statesman entered the courtroom. Perhaps he had stepped in some dog poop. After we took our afternoon break, Carmen left the courtroom, and the air cleared. It must have been a coincidence.

Hans Hjertonsson now goes into some transcripts where Woody had asked the investigators where Korey Kauffman had been killed. He then points out transcripts where Woody had told the investigators that it had happened on the street, rather than the Carson property. Woody could not recall any of this, even after being refreshed. Hans Hjertonsson now points out some transcripts where Kirk Bunch tells Woody: “Robert, just say it.” Woody could not remember this, even after being refreshed with the transcripts. Woody could not remember Kirk Bunch telling him that the murder happened on 03/30/2012, even after being refreshed with the transcripts.

Hans Hjertonsson now goes into transcripts where Woody had been asked by Kirk Bunch what Korey Kauffman was wearing on 03/30/2012. Hans gets Woody to admit that he had told Kirk Bunch: “I don’t know.” Hans asks Woody if that statement he had made was true, or was a lie. Robert Woody: “It was a lie.” Now Hans Hjertonsson impeaches Robert Woody on that by reminding Woody that he had stated at a later time that it had just “Popped up in his mind.” Hans Hjertonsson now asks Robert Woody when it “Popped up in his mind.” Hans: “Was it in a dream?” Woody: “No.” Hans Hjertonsson now impeaches Robert Woody by transcripts where Woody had stated that it popped up in a dream.

Hans Hjertonsson now shows how DA Investigator Kirk Bunch and Detective Jon Evers had showed Robert Woody a Google Map of the Carson property. They had asked Woody to point out where the gate was that he had walked through onto the Carson property. Hans points out that Woody had responded by stating: “I guess that is where the gate is at.” Woody could not remember any of this. Hans then points out that the investigators had asked Woody if Daljit Atwal had gone onto the Carson property to help Baljit Athwal. Hans now points out that Woody stated: “Back there probably.” Woody could not remember this, even after being refreshed with the transcripts.

Hans Hjertonsson now shows that Kirk Bunch had asked Robert Woody: “So he died from his injuries?” He now shows how Woody responded to this by stating: “I guess so.” Hans Hjertonsson now shows how Woody later stated to the investigators that he had lied during this interview that was held on 03/01/2014. Hans now goes into the conversations that DA Investigator Steve Jacobson had with him while transporting him from Tuolumne County to Modesto during the Preliminary Hearing. Woody reluctantly admits to having discussions with Jacobson during the transports. Hans points out how Jacobson had told Woody: “You are never going to be able to see your kids unless it is during visits at the prison.” Hans states that Jacobson had also told Woody: “You will not be around to comfort your mother when your mother needs you.” Woody could not remember any of this, even after being refreshed by the transcripts. Hans Hjertonsson points out that Woody had told Steve Jacobson on 03/14/2014: “I don’t know anything about it.” Woody did not remember saying this, even after being refreshed by the transcripts. Woody could not remember telling Jacobson: “The only way I can set myself free is by telling the truth, and every time I tell you the truth you tell me I am a fucking liar.” Woody could not remember telling Jacobson: “I can make some fucking false statements to help you guys if that will help you.” He could not remember this even after being refreshed. Woody could not remember telling the investigators that he had lied on his 03/01/2014 statement when he had said that he had been on the Carson property when Korey Kauffman had been killed.

Hans Hjertonsson now wants to impeach Robert Woody concerning some more of his testimony in the Preliminary Hearing. We have a side bar. After the side bar, Hans points out that during the Preliminary Hearing, Woody had testified that he had told law enforcement that he had lied about his involvement in the killing of Korey Kauffman. Hans: “Is that correct?” Woody: “I don’t remember.”

Hans Hjertonsson now tells Woody that he called his parents after his arrest, and had told them that he did not know anything. Woody admits to telling his parents that he did not know anything. Hans Hjertonsson now points out to Woody that he withdrew his statements that he made during his 03/01/2014 interview almost immediately. Hans then tells Robert Woody that two months later, while at the DA’s Office, he was asked some questions by an African American Officer. This was objected to immediately, and the jury is sent home for the day. We only had about another 12 minutes left in the day. The objection came, because Marlisa Ferreira was afraid that Robert Woody would say something on the stand about the polygraph examination that was done by this Officer. Polygraph examinations are not admissible in a court of law. Woody denied everything during this polygraph examination, and the Officer told the investigators that it appeared that he was telling the truth. All of this is to be hidden from the jury. It is interesting, that Robert Woody was told that he failed the polygraph examination. It was a pure case of manipulation by the investigators to support what they wanted in this case.

After the jury was out of the courtroom, and Robert Woody was taken out of the courtroom, we heard some arguments from the attorneys. Marlisa Ferreira explained why she objected to the question concerning the “African American Officer.” Woody’s “stand in” attorney Dale Bonner states that he will talk to Robert Woody tomorrow morning to explain how he can’t mention anything about the polygraph examination. Jai Gohel states that Marlisa Ferreira has once again violated the judge’s orders against asking leading questions, and coaching the witness. He states that this happened during the morning session. Marlisa Ferreira objects to Hans Hjertonsson’s tone while asking his questions. Hans had repeatedly asked Robert Woody if it would help if he could hear his own voice in recordings where he “Could not remember.” She states that this was misleading to the jurors, and that the jurors might think that he had been able to listen to these recordings while we were on break. Hans Hjertonsson states that it will take him approximately one hour tomorrow morning when he has Robert Woody listen to each of the recordings on things that he has no memory of. Court will resume at 9:00AM tomorrow morning. I will be there for the entire day of testimony. My report tomorrow will probably be delayed until the next day, because of a meeting that I have to attend to in the evening.

Sincerely: William Thomas Jensen (Tom)

 

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