FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF TESTIMONY 01/23/2019
WEEK 36, DAY 126
BY WILLIAM THOMAS JENSEN (TOM)
WOODY SEALS THE DEAL FOR THE DEFENSE
THERE IS NO COMING BACK
The fireworks are over. Only the smoke remains, a cloud in my great crystal ball. (Firesign Theatre) I had the great pleasure to watch the demise of Marlisa Ferreira’s vicious, misguided, and malicious prosecution of Frank Carson, Baljit Athwal, and Daljit Atwal. Robert Woody admitted to things on the stand today that will make it impossible for her to obtain a guilty verdict. I truly believe that she should drop the case against these innocently accused defendants immediately, but she still wants her pound of flesh, and will undoubtedly make everyone suffer to the bitter end. This evil excuse for a human being does not have enough goodness in her to do the right thing. Now sit back and enjoy what I feel is the most important article that I have written thus far in this travesty of justice. I am going to paint for you yet another picture of what I believe will be considered the turning point in the Frank Carson Et Al Case.
We start out at 9:22AM this morning with both Robert Woody, and the jury in the courtroom. Jai Gohel starts his continuing cross examination of Robert Woody by asking Woody about a 08/14/2015 interview that he had with CHP Officer Domby, and Steve Jacobson. Woody admits, after being refreshed, that Domby was the first person to mention the infamous “Your Ass is Grass” incident on South Johnson Street. Woody admits that Domby asked him if that threat could have happened, and Woody responded by saying: “I don’t know what to tell you.” When Domby asked him when this threat happened, Woody admits that he told him: “I don’t know.” Woody admits that Steve Jacobson told him that a neighbor said it happened 2 days before Korey Kauffman was allegedly killed. Woody states that he never got out of the vehicle when the threat was allegedly made, and states that he did not yell at Korey Kauffman for 3-5 minutes.
Now, Jai Gohel takes Woody back to his first interview that was done at the DA’s Office on 02/28/2014-03/01/2014. This interview lasted 7 hours. During Woody’s testimony, he said he and Daljit Atwal left Pop N Cork Liquors between 1:20AM and 1:45AM to go to the Carson property. Jai tells Woody that he has testified that he is not good with times and dates. Woody states that he is good on some, and fuzzy on others. He states that he was not wearing a watch that night and is not sure exactly when they left the store. Woody admits that during the interview, he told the investigators that they left Pop N Cork Liquors between 11:00PM and 12:00 Midnight. Woody answered: “Yea” when the investigators asked him if he had left the store between these times. Woody admits that he told the investigators that it could have been a little bit later. Woody admits that during the Preliminary Hearing, he had testified that he left the store between 1:20AM, and 1:45AM. Woody states that Pop N Cork Liquors closes at 2:00AM on Fridays, and states that Baljit Atwal left the store around one hour prior to closing time. At this time, we have a side bar. It seems as though Judge Zuniga is concerned that Frank Carson is falling asleep in the courtroom. Judge Zuniga sends the jury downstairs at 9:52AM, and the attorneys go into the judge’s chambers. We take a rather lengthy early break.
After the break, Percy Martinez states that his client is not falling asleep. Judge Zuniga wanted to only have court a half day today, but Frank Carson insists he is fine, and the judge reluctantly allows the case to be heard for the entire day. At 10:22AM, the jury is brought back into the courtroom, and Robert Woody is put back on the stand. Jai Gohel states that Woody has testified that the night Korey Kauffman was allegedly killed, Baljit Athwal had already left Pop N Cork Liquors. Robert Woody states that he does not recall if he heard the phone ring that night. Woody testified that he saw Baljit Athwal fighting Korey Kauffman on the Carson property, and that Baljit Athwal had left Pop N Cork Liquors 30-40 minutes before he witnessed this fight. Based on this, Jai Gohel estimates that Robert Woody left Pop N Cork Liquors around 1:00AM. Woody agrees with this. Jai asks Woody how he knew to leave for the Carson property if he did not hear a phone call. This is objected to, and the objection is sustained. Jai tells Woody that he and Daljit Atwal drove there, and he saw Baljit Athwal in an altercation about 30-40 yards from the gate where he entered the property. Woody states that he went straight through the gate toward where the double decker bus was parked. Woody admits to hearing sounds. He states that he saw Baljit Athwal hit Korey Kauffman with an estimated 25 punches. Woody admits that there were houses on both sides of where this alleged altercation occurred. Woody states that Daljit Atwal hit Korey Kauffman with a similar amount of punches. He admits to hearing sounds from punches and kicks. Woody does not recall if he heard Korey Kauffman yelling. Jai Gohel tells Woody that he testified in the Preliminary Hearing that he rushed in and started pulling on the shirts of Baljit and Daljit. Woody admits that he yelled at them that Korey Kauffman had enough, then gave up trying to help. Woody admits that he testified that he then turned around, and walked away. Woody admits that he testified that when he was 30-40 feet away, he heard a gun-shot. Woody admits that gun shots are loud. Woody admits that he testified that he turned around and saw Baljit and Daljit arguing in Punjabi. He admits that this was loud. Woody states that Baljit said: “What are we going to do?” He states that Daljit said: “Load him up.” Woody admits that this was noisy. I think Jai Gohel was trying to show that the neighbors would have heard what was going on, but none of the neighbors heard anything that night.
Woody states his memory his memory is better now on certain things than it was in 2012. This man can’t remember what he testified to last week, and I will have a prime example of that later in this article. It is hard to remember things when you are constantly telling lies. Woody admits that on his first interview on 03/01/2014 he told the investigators that he did not hear a gun-shot. Jai Gohel states that Woody now has testified that he heard a shot. Jai: “Is your memory getting better?” Woody admits to Jai Gohel that his statement that he did not hear a gun-shot on 03/01/2014 was a lie. Jai Gohel gets Woody to admit that the first time he made any mention of seeing a gun was on 07/22/2016. Jai Gohel gets Woody to admit that Hans Hjertonsson went over this on his cross examination. Jai Gohel asks Woody if the gun he had seen was a Marlin rifle. Jai: “Was the gun that was put into the pocket a Marlin Rifle?” Woody: “No.” Jai: “Was it a handgun?” Woody: “Correct.”
Jai Gohel now takes Woody to April of 2012. Woody admits that he testified that he dug the alleged grave at Pop N Cork Liquors all by himself. Woody says he used a shovel, and not a pick. He admits that this was his idea. He admits that there was no discussion on where the alleged grave was dug. He admits that he testified that he dug the grave 10-12 inches deep. I can tell you that it would be impossible to bury a body wrapped up in a tarp in a grave of this depth. We go through some gyrations where Jai tries to get Woody to estimate how tall Korey Kauffman was. Jai Gohel wants to show a document on this, and we have a side bar. After the side bar, Jai Gohel asks Woody if he saw Korey Kauffman standing up, but this question did not get Jai what he wanted from Woody. Woody testifies that he dug the hole about 6 feet long and about 3 feet wide. Now he states that he dug the grave 2 ½ feet deep. Jai tries to ask Woody if he encountered hard pan, and Judge Zuniga wants him to rephrase his question. We have another side bar. After the side bar, Jai asks Woody if he used a shovel, and Woody says he did use a shovel. Jai Gohel: “Did you feel hard ground?” Woody: “I did not pay attention.” Jai impeaches Woody with testimony from the Preliminary Hearing. During the Preliminary Hearing, Woody had testified that the ground was between hardpan and soft, and that he had trouble with the hard pan. Woody admits that he was working hard at digging the grave. Woody admits that the digging of the grave created some noise. Woody states that while he was digging the grave, Korey Kauffman’s body was in the back of the pickup truck, and that the truck was parked inside the gate on the side lot. He states that the truck was running and admits that was making some noise. Woody states that he laid down the blue tarp on the ground next to the grave. He states that the tarp was one those that has fibers inside the plastic and was 10 feet by 12 feet in size. Woody denies that there were any holes in the tarp, and states that the tarp was not worn. Woody states that they put the body onto the tarp and wrapped the body up by folding the extra tarp over the body. He states that the body was loosely wrapped in the tarp. Woody admits that there was lots of blood when he cut off the fingers and the toes, and that they were cut off on the tarp. He admits to getting a little bit of blood on his hands while cutting off the fingers and the toes. He does not recall if any blood got on Korey Kauffman’s pants. Jai Gohel wants to refresh Woody on this, but Judge Zuniga tells Jai to move on to another question. Woody admits that there was a lot of blood and admits that during testimony blood got on the pants from his hands. Woody states that he did not see any ring on Korey Kauffman’s fingers. He states that Korey Kauffman was not wearing any gloves. Woody states that Korey Kauffman had no bandages on his hands. Testimony in this case shows that Korey Kauffman had almost cut off his hand and was wearing an ace bandage when he was killed.
Woody admits that he cut off the fingers and the toes to get rid of the prints. He states that he put them in a bag and spread them near to where the body was left in the woods. Woody admits that in March of 2012 he told the investigators that he is “Squeamish” and could not even put a live earth worm on a fishing hook. Jai Gohel: “You cut off the fingers and the toes?” Woody: “Yes.” Woody states that he does not recall how long it took to cut off the fingers and the toes. After being refreshed, he admits that he testified that it took him around ten minutes. Woody does not recall where on the fingers and the toes he actually severed the digits. Jai Gohel states that Woody has testified that after he cut off the fingers and the toes, he put the boots back on the feet, but not the socks. Jai Gohel now impeaches Woody with his testimony from the Preliminary Hearing where Woody said that he put the socks back on the feet, and they became all bloody. Woody does not recall that he testified in the Preliminary Hearing that he burned the socks. Woody states he knows what a carabiner is, and states that he did not see a carabiner with the body of Korey Kauffman. A carabiner was found with the body of Korey Kauffman. Woody denies that he saw a head lamp with the body of Korey Kauffman. A head lamp was found with the body of Korey Kauffman.
Woody admits that he testified that the neighbor dogs at Pop N Cork bark all the time. Woody does not recall if the dogs were barking when the body of Korey Kauffman was allegedly buried. Jai Gohel now goes into the issue of a street light that exists along the back-fence line in the corner of the Pop N Cork side lot. Jai shows Woody some exhibits which are photographs of the street light. Woody does not recall if the light was present in April of 2012. Jai Gohel is prepared to have a witness from the TID testify concerning the fact that the street light was there in April of 2012.
Woody states that police officers would stop by the store day and night when they were both off duty and on duty. Woody states that the day after the 08/14/2016 interview with CHP Officer Domby and Steve Jacobson, he was taken on a field trip to the Carson property, the side lot of Pop N Cork Liquors, and to the mountains where the body of Korey Kauffman was found. He admits that this field trip was video- taped. Woody admits that he would pause for a long time when he was asked where certain things happened by the investigators. Woody admits to looking back at the camera repeatedly. During the field trip to Pop N Cork Liquors, he does not recall if the neighbor dogs were barking. Woody admits that he did not give the investigators directions when they drove to the mountains to visit the place where the body of Korey Kauffman was found. Woody admits that when the investigators drove him to the mountains and stopped on the road near to where Korey Kauffman was found, that it was a dirt road. Woody admits that the day before he was taken to the mountains, he had told Domby and Jacobson that the road in the mountains was an asphalt road.
Woody admits that he told Domby and Jacobson on 08/14/2015 that he had burned the socks. He had to be refreshed before he admitted to this. Woody denies that he burned them off the feet of Korey Kauffman. Woody has also testified that he put the socks back on the bloody feet of Korey Kauffman. Jai Gohel reminds Woody that he has testified that he put the socks back on the feet during the Preliminary Hearing. Woody admits that he told Domby and Jacobson on 08/14/2015 that he took the body of Korey Kauffman directly to the mountains on the day that he was allegedly killed on the Carson property. Woody admits that after telling the investigators this, Domby told him that does not match the cell phone evidence. Woody admits that he told Domby that the pickup truck was burned on April 27, 2012. Woody admits that CHP Officer Domby told him the pickup truck was burned on April 1, 2012. It is so obvious that the investigators were feeding Woody the facts that they wanted incorporated into his story.
Woody states that it was dark when he dug up the body of Korey Kauffman at Pop N Cork Liquors. Woody states that it was getting darker when they left to the mountains. Jai Gohel asks Woody about how he folded the tarp over the body of Korey Kauffman. Woody states that he did this while the tarp was pretty close to the hole that he had dug, and loosely covered the body with dirt. After 20 days, Woody states he dug up the body, and that the smell was foul when it was unearthed. He states that he had a wet rag over his mouth and nose. He states that they picked up the body by the corners of the tarp and denies that any fluids came out of the tarp. It is now time for lunch.
At 1:31PM, with the jury and Woody out of the courtroom, Jai Gohel states that he may call a witness from the TID concerning the street light depending on how Woody answers his questions. At this time, Percy Martinez tells Judge Zuniga that Frank Carson’s back is killing him, and that Frank wants to be able to stand up and lean against the wall near to where he usually sits. Percy states that Frank will do this from time to time as needed so that he can handle the pain. Marlisa Ferreira, in a very obnoxious voice objects to this by saying: “Your honor, in front of the jury?” Judge Zuniga gives her a death stare, and tells her: “This is not a battle.” I must say that I hate her for what she is doing. I think she is trying to kill Frank Carson. What a WITCH she is!!!!!!
At 1:42PM, with the jury and Robert Woody on the stand, Jai Gohel shows Robert Woody the exhibit photograph of the streetlight at the back of the side lot on Pop N Cork Liquors. Woody does not recall if the street light or the pole was there in April of 2012. It is at this time, after being refreshed, that Woody admits to using a wet rag to help deal with the foul smell when he dug up the body of Korey Kauffman. Woody states that after he dug up the body of Korey Kauffman, he and Baljit Athwal drove up to the mountains. He says Baljit drove, and that he threw out dirt on the way. Jai: “No one told you not to bring a cell phone?” Woody could not recall. Woody gets refreshed on this. Woody admits that he was not told by anyone that he shouldn’t bring a cell phone with him. Robin Attenhoffer was with them in the truck, and it appears that she had her cell phone with her. Woody states that he did not know where they were going in the mountains and did not stop on the way up or the way back to Turlock. Jai tells Woody that he has testified that he burned the pickup truck, and that after the truck was recovered, he and Baljit Athwal went to the Merced Police Impound Yard where the remains of the truck were being stored.
Woody admits that in May of 2012, after his last court date, he went to Frank Carson’s Law Office, and was told to help Frank find out who was stealing items from the Carson property. Woody admits that prior to this meeting in May of 2012, he had told the investigators that Baljit Athwal was spot checking the Carson property, and had done so 2-3 times before Korey Kauffman had been killed. Robert Woody states that his memory is clear about when he went to Frank Carson’s Law Office. He states that his memory is clear about going to TJ Singh’s recycling business and remembers going to Michael Cooley’s residence. Woody does not recall he and Baljit Athwal driving around to find the Frank Carson property. Now this is just earth-shaking folks. Jai Gohel refreshes Robert Woody with his testimony from the Preliminary Hearing. Woody admits he testified that after he went to Frank Carson’s Law Office in May of 2012, he and Baljit Athwal drove around to try to find Frank Carson’s property. I could see everyone on the jury sit up in their seats at this point. This is the Perry Mason moment I have been waiting for. This is a full two months after Robert Woody states that he saw Korey Kauffman killed by Baljit Athwal on the Carson property. We have a side bar at this time. It is clear that Baljit Athwal had never been to Frank Carson’s property before.
Jai Gohel now goes over the reasons that Robert Woody has admitted to telling lies. Woody admits to telling lies to impress Miranda Dykes. Woody admits to telling lies to please his mother. Woody admits that when he was asked by Marlisa Ferreira, he said he was afraid he would end up like Korey Kauffman. Woody is asked if that was the first time, he had ever said that, and says that he doesn’t recall. Jai Gohel states that Woody has testified that he was in jail and was handed a jail phone where he talked to Baljit Athwal. He testified that Baljit Athwal told him to keep his mouth shut, and he would put money on his books so he could buy things from the commissary. Woody admits that he was talking on a jail phone and admits that all of these calls are recorded. There is no such call that was recorded.
Now this really gets strange. Jai Gohel reminds Woody that he has testified (just the other day) that Baljit had a handgun in his hand and had put it in his pocket. Woody responds by saying: “Bobby did?” Woody: “I don’t recall that.” Jai Gohel: “Ever see Bobby with a gun that night?” Woody: “No.” Jai Gohel asks Woody about all the lies he has told, and how anybody could believe him. Jai Gohel is done, and Robert Woody is as well. Nobody on the jury will believe anything he has said.
Percy Martinez now takes over on cross examination of Robert Woody. Woody admits that he confessed to killing Korey Kauffman all by himself to Miranda Dykes while she was wearing a body wire. He admits that he had just recently met her. He states that she was 22 years old at the time. He admits to smoking meth with her to impress her. He denies that he wanted her to think he was a tough guy. He admits that 10 days after, he surrendered himself at the DA’s Office. He admits that when he surrendered himself, he had been up for 3 days on meth. He admits to speaking to Kirk Bunch, and that Bunch told them that law enforcement had his taped confession that had been captured 10 days before. He admits that Bunch played a portion of the recording for him, and that Bunch told him he was looking at a life sentence. He does not recall how this made him feel. He does not recall that he was told he could be facing the death penalty. He denies that he killed Korey Kauffman. He states that his confession was a lie. He admits that he would lie to avoid the death penalty. He does not recall if Miranda Dykes was the first person he confessed to. He gets refreshed on this and says that this is correct. He admits that after his arrest, he met with Todd Helton, and told him the only reason he made the statements was he was told that the first person to come forward would get the deal. He states that he met Miranda Dykes at Pop N Cork Liquors. After being refreshed, he admits that he met Miranda Dykes off the street. He states they were “seeing each other” for a couple of months after Robin Attenhoffer had died. He states again that his confession was a lie. He admits that he was told by Kirk Bunch that his denials were making things worse. He admits he was told that the only people that could help him were Marlisa Ferreira and the investigators.
Woody, after being refreshed, admits that he had a good relationship with Baljit Athwal and Daljit Atwal. He admits that the Athwal brothers had tried to get him off the drugs. He admits that he got very close to the altercation on the Carson property, close enough to hear the grunts, and hear Korey Kauffman yelling. After being refreshed, he admits that Baljit Athwal and Daljit Atwal said nothing during the altercation. He states that Korey Kauffman yelled: “Stop.” He states that he got close only when he tugged on their shirts. He states that Korey Kauffman was wearing a T-Shirt and was not wearing a coat. A Carhart coat was found with the body of Korey Kauffman. The jury saw the coat with the bullet hole in the courtroom. He states that when he heard the shot, he was still inside the gate. He states he was 30 feet away when he heard the shot. He states he saw Baljit and Daljit standing there and did not see any flashlight. He states that he saw one hole in the T-Shirt after the shot, and there was some blood on Korey Kauffman’s back. He does not who’s idea it was to take the body of Korey Kauffman back to the store. He states that after the body was buried, he went back into the store, and that Daljit told him to keep his fucking mouth shut, and that Baljit told him the same thing. He states that he stocked the shelves in the back of the store. Percy Martinez impeaches Woody with his testimony. Woody admits that he said that Baljit and Daljit said nothing to him after he went back into the store. Woody says someone called Pop N Cork Liquors after they went back in. Percy Martinez impeaches him. Percy shows how Woody had testified that nobody called Pop N Cork that night.
Woody states that he was at Pop N Cork until around 3:30 that night stocking. He does not recall saying he left at 4:00AM. He gets refreshed and admits he had said he was there until 4:00AM. He states that Baljit was already at the store when he arrived at 10:00AM on the night of the incident. He admits he said that Baljit left the store around Midnight on the night of the incident. He states that Baljit came back to the store and left to get something from the grocery store. He states that he is not sure when he got back to the store. He states that Baljit left the store again between 1:15AM-1:20AM. He states that Daljit Atwal told him that they had to leave the store and does not recall hearing a telephone call. He states that after he returned to the store, he stayed until 4:00AM, and does not recall if Baljit stayed until 4:00AM. He states that Daljit stayed at the store until 4:00AM. We now take our 3:00 PM break.
At 3:21PM we are back in the courtroom, and Woody admits, after being refreshed, that he was asked when Baljit left the store, and he told the investigators he left around 1:20AM. Woody told the investigators that Baljit was gone for about 45 minutes, and that Daljit got a call to go over where Baljit was. This contradicts his testimony where he said that there was no phone call. Woody admits that he was asked if Korey Kauffman was wearing a jacket, and he had said that he was not wearing a jacket. This was during the Preliminary Hearing. Korey Kauffman’s body was found with a Carhart Jacket.
Percy Martinez goes into Woody’s meeting at Frank Carson’s Office, and states that he had told the investigators that Frank Carson had told him to not go over and cause any problems at Michael Cooley’s house. Woody admits that he testified that he had no conversation with the Athwal brothers about what happened on the Carson property when he went to work the next day. He states that they did not talk about what happened to anyone else. He states that Daljit showed up for work the next day, and that Baljit was working the next day. Woody states that he continued to work for Pop N Cork Liquors after the incident.
Woody admits that he testified that when he dug the grave, he scooped a hand full of dirt and threw it inside the tarp with the body. Percy asks Woody if he unfolded the tarp to put the dirt with the body. Woody states that he grabbed the dirt when he buried the body. When he moved the body, he states he picked up the body holding the corners of the tarp, and then put the body into the truck. Woody does not remember filling the hole with dirt after moving the body.
Woody states he and Robin Attenhoffer got into the truck, and Baljit drove to the mountains. He states that after they dropped off the body, they drove back to Turlock non-stop. Percy: “Did you throw dirt out on the way back?” Percy: “What dirt?” Woody: “I was in the back of the truck and threw the dirt that was on top of the tarp.” Percy: “Was the body covered up?” Woody: “It was still folded up in the tarp.” Percy: “You didn’t put anything on top of the tarp?” Woody: “No.” Percy refreshes Woody, and Woody had testified that there was no cover over the tarp and the body.
Percy now goes into what happened when they dropped off the body in the mountains. Woody states he unwrapped the body and walked about 50 yards into the forest in the dark through the trees. Woody states that he was able to see using the light of the Moon and the stars. Woody states they took the body down a steep embankment and walked sideways “kind of at an angle.” He denies walking backwards. He denies any fluids coming out of the tarp when taking the body down the embankment, or when it was in the back of the truck. Woody states that it took 1-1/2 hours to drive to where they left the body. This is impossible. I used to fish that area. Woody states that there was some Turlock soil dumped out when they left off the body. He states that this was the dirt that was inside the tarp with the body. Percy: “Was Korey Kauffman wearing the same clothes?” Woody: “Yea.” Woody states that he never saw Korey Kauffman wearing a jacket. He does not recall if Korey Kauffman was still wearing a T-Shirt. It is now 11:50PM, and I have been typing for 5 hours. I am gassed. Court resumes tomorrow morning at 9:30AM
Sincerely; William Thomas Jensen (Tom)
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