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.
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Remember, what I say: Don’t take my word for it, come to court and find out for yourself! Good night everybody!