FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF TESTIMONY 01/29/2019
WEEK 37 DAY 129
BY WILLIAM THOMAS JENSEN (TOM)
THERE IS NO LIPSTICK FOR THIS PIG
Today, we really had very little testimony. We had an incident involving a strange man sitting in the audience, and many arguments between the attorneys. As usual, Marlisa Ferreira got in trouble for asking leading questions, and testifying in front of the jury. Now sit back and enjoy as I give you the dirty details of what happened.
Judge Zuniga was basically one hour late to the courtroom this morning. She states that she had to pick up a birthday present for our fabulous bailiff Adrian Monza, and it was not ready when she went to pick it up.
Court started at 9:58 with the jury seated, and Robert Woody on the stand. Defense attorney Percy Martinez starts out continuing his cross examination of Robert Woody. Percy only has a couple of questions left to ask Mr. Woody. Percy asks Woody about the 04/24/2014 “Interview” that was done by Special Agent Jefferson. The jury does not know that this was the polygraph examination of Woody that Jefferson administered to Woody. At the end of this polygraph, Jefferson told the investigators that Woody had passed his polygraph examination. The investigators lied to Woody and told him that he failed his examination. That is how they forced Woody to tell his many lies. Woody admits on the stand that he denied any involvement in the killing of Korey Kauffman, or any knowledge of the killing of Korey Kauffman.
Percy Martinez now asks Robert Woody if he had any conversations with Miranda Dykes concerning the killing of Korey Kauffman before the conversation where he was captured on a body wire confessing to killing Korey Kauffman all by himself. Woody could not recall having such a conversation, even after being refreshed with some transcripts. Percy then tells Woody that last week he asked him if he had read his Stipulated Testimonial Agreement with an Attachment of Stipulated Facts. There were many objections on this by Marlisa Ferreira, but Percy eventually gets Woody to admit that if he testifies different from the stipulated facts it would violate his agreement, and he could lose his deal. Woody has to admit on the stand that one of the stipulated facts is that he must testify that he was there for the infamous “Your Ass is Grass” threat to Korey Kauffman. Woody, on the stand earlier last week testified that his memory of this alleged incident is very fuzzy. He also denied knowing anything about this to the investigators and denied any knowledge or involvement in his polygraph examination. Justice should be a search for the truth, but the truth is being trashed in this trial. Percy Martinez has no further questions.
It is now shortly after 10:00AM, and Marlisa Ferreira prepared to try to put lipstick on a pig with Robert Woody. She has a very sour look on her face as she begins. She shows Robert Woody the People’s 735, which is Woody’s testimonial agreement. She asks Woody: “Have you read your agreement.” He is reading the agreement on the stand. Woody answers: “Correct.” Marlisa Ferreira: “Is there an attachment?” Jai Gohel: “Your Honor, may we approach?” We immediately have a side bar. This side bar goes on for quite some time. While this was happening, a very strange man was seen by several of us in the audience using his cell phone. We point this out to the bailiff, who goes over to warn this person not to use his cell phone. As soon as the bailiff goes back to where he usually stands, this person is back on his cell phone again. A person near to me tells me that he is thumbing through pictures of each and every member of the jury on his phone. Judge Zuniga then catches him taking pictures of the jury on his cell phone. Things grind to a halt at this point, and the strange man is taken out to the hallway by the bailiff. This all happens at 10:10AM. The jurors are sent downstairs, and Robert Woody is taken off the stand. The judge actually has some conversation with a couple of us in the courtroom about what we had observed. Everyone is cleared from the courtroom, and the strange man is taken into the courtroom for an hour-long conversation with the judge. At 11:15AM, we are allowed to re-enter the courtroom, and Judge Zuniga states that she is going to have to have a conversation with each juror concerning what just happened. Before the jury gets into the courtroom, two of the defense attorneys state that they heard two of the juror’s state: “I quit.” The jury now arrives in the courtroom. The judge says this man’s name is Ricardo Ceron (sp?) She states that he has been cited for contempt of court, and his cell phone has been seized. She tells the jury that his photographs will be destroyed after a hearing that will be held at 9:00AM on 02/27/2019. The judge states that Mr. Ceron will have his own attorney to represent him. The judge states that this person states that he is a reporter, but that she is not sure about this. A real reporter would know that taking pictures in the courtroom is not allowed.
It is now 11:35, and the jury is sent out early for their lunchtime break. After the jury is out of the courtroom, and Robert Woody is taken off the stand, we go into some very testy arguments. Defense attorney Jai Gohel states that he filed a complaint with Judge Zuniga in October about how long it is taking Marlisa Ferreira with her Case in Chief. He states that she originally estimated it would take her 5-6 months, and we are now in the 10th month. Jai states that Marlisa waited until month 9 to put Robert Woody on the stand. Jai states that once Woody is done, this case is essentially over. Jai reminds the judge that two of the jurors requested an estimate from Judge Zuniga last week on how long this trial is going to drag on. Jai states that this trial has placed a tremendous burden on the jurors. He states that we have to give them an estimate on how much longer it is going to take. Jai Gohel states that the defense will only take around 3 weeks to put on. Jai Gohel wants the judge to mandate that we go into closing arguments around the middle of March. He states that the defense needs to call Patrick Emery to the stand. He is in the military and is all over the world at any given time. Jai Gohel states that there has to be a limit on how much longer Marlisa Ferreira has to put on her case. Jai Gohel states that he believes that Marlisa Ferreira wants to stretch this trial out to where she will get a mistrial because we will run out of jurors. Hans Hjertonsson joins in with these arguments and says everyone has a breaking point. Hans states that he has heard that some of the jurors are no longer getting paid by their employers. Hans states that the court needs to impose some limitations. He states that he committed to a relatively short trial, and he can’t keep on indefinitely. Hans: “If we can’t commit to them, how can they commit to us?” Percy Martinez states that all the projected endings of this trial have come and gone. He states that Marlisa Ferreira has a couple of witnesses she wants to put on the stand that will take quite some time.
Marlisa Ferreira states that she finds it very interesting that the defense attorneys are making these arguments. She complains that the defense attorneys are saying that she has purposely underestimated the amount of time it is taking her to put on her case. She states that the 4-month estimate was ridiculous. She states that the defense is not saying who they intend to call to the stand. She puts most of the blame on the length of the trial on the defense and the jurors, and the defense. She complains that all three defense attorneys ask the same questions to the witnesses. I note that the Modesto Bee has arrived. They have missed the boat with the testimony of Robert Woody. Jai Gohel argues that Marlisa Ferreira put Eduardo Quintanar through a very long examination on the stand and did the same with the Maunakeas. Jai Gohel complains that the prosecution has tried to convince the jury that Turlock Police Officers threatened Mr. Maunakea’s life, and that the defense will now have to call these police officers to the stand. Jai states that the prosecution has put on 110 witnesses so far where there is no evidence. Jai Gohel: “Marlisa Ferreira knows what’s coming with the verdict.” Marlisa Ferreira begins to laugh, and Jai Gohel tells her she will see who’s laughing when the verdicts come in with this trial. Hans Hjertonsson states that the defense received new discovery just last week. He talks openly in court about the prosecution DNA testing Michael Cooley. He complains that this should not be allowed at this last date. I think the defense has case law on their side with this issue. Judge Zuniga states that she will tell the jury that final arguments will be completed by the end of March. Trust me folks. This estimate will come and go, and this trial will not be anywhere near it’s end by the end of March. Like I said before, as long as Marlisa Ferreira does not end her case, she can’t lose. She knows what is in store for her and is postponing the inevitable. “Please Mr. Custer, I don’t want to go.” We now take our lunch break.
At 1:43PM, with Robert Woody on the stand, and the jury in the courtroom, Marlisa Ferreira finally begins trying to put lipstick on a pig with Robert Woody. It is futile for sure. She shows Woody the People’s 735. It is the Testimonial Agreement Woody signed, along with his attorney Martin Baker. She gets Woody to state that he had to testify completely, and truthfully. Woody has been proven to tell lies on the stand. Marlisa: “What if you lie?” Woody: “Wouldn’t get one” (a deal.) Woody is asked if he ever went through the Stipulated Facts with his lawyer. Woody does not recall. Marlisa Ferreira: “Did Percy Martinez show you the Stipulated Facts?” Woody: “Yes.” Woody states that he does not know who wrote the stipulated facts.
Woody states that his attorney Bruce Perry was his first attorney. Marlisa Ferreira states that Woody testified that if was his belief that he had to testify to the stipulated facts. Marlisa: “Did you know what they were?” Woody denies that he had any memory of the stipulated facts.
Marlisa Ferreira now tries to find a way out of Robert Woody’s recent testimony that he did not see Korey Kauffman wearing a jacket. Every time she asked a question concerning this, it was objected to, and the objection was sustained. She wants to show Robert Woody a picture of the Carhart Jacket, but after a long side bar is not allowed to do so. She is trying to feed Woody information about the jacket, but Judge Zuniga will not allow this. Marlisa tries to get Woody the information a different way and starts asking him leading questions. Jai Gohel goes ballistic, and states in front of the jury that she is committing misconduct. It is now 2:27PM, and the jury is sent out of the courtroom. Robert Woody is taken off the stand. Marlisa Ferreira states that she was not asking leading questions but was just “Clarifying.” She complains about Jai Gohel saying “Misconduct” in front of the jury. Judge Zuniga tells Marlisa Ferreira that she holds her to a higher standard because she is the prosecutor. Hans Hjertonsson states that he, and everyone else in the courtroom heard Marlisa Ferreira call the defense attorneys “Pieces of Shit” as she walked away from a side bar. He states that she is leading, leading, leading. He states that she then follows up with an open-ended question. He calls her actions inappropriate. Jai Gohel states that Marlisa Ferreira is getting worse, and it is a statement of fact. He states that she asks leading questions and is coaching her witness by doing so. He states that Marlisa Ferreira is testifying for her witness. Percy Martinez states that this is a continued course of conduct by Marlisa Ferreira. Percy states that the court has tried to get her to stop. He states that the defense attorneys warned the court that she was going to do this in the Motions Illiminae. Percy calls what she is doing: “A purposeful course of conduct.” Marlisa Ferreira once again states that she was merely “Clarifying.” Judge Zuniga tells Marlisa Ferreira that what she is doing is indeed intentional. Judge Zuniga: “They know what you are doing.” Judge Zuniga: “Yes, it is improper.” Judge Zuniga: “You and I had this discussion before.” Judge Zuniga: “You weren’t clarifying, you finished his words for him.” We now take a break. Marlisa Ferreira looks like she is going to puke.
After the break, and before the jury is brought back into the courtroom, and before Robert Woody is put back on the stand, we have some more arguments on the jacket issue. It is clear that Marlisa Ferreira knows the importance of this issue, but she loses her argument. Judge Zuniga: “He said he did not see a coat.” It is now 3:17PM, and I can see Frank Carson standing up. It is obvious that his back is killing him. Marlisa Ferreira continues to argue that Woody said that he possibly could have seen a hoodie. Judge Zuniga: “Possibly is not a foundation.” Judge Zuniga: “Bring in the jury and Robert Woody.” Before the jury and Woody get into the courtroom, it is announced that court will resume at 10:00AM tomorrow because one of the jurors needs to take her son to the Orthodontist.
Marlisa asks Woody about his testimony where he said: “I don’t talk right.” Marlisa Ferreira: “Who were you talking about?” Woody: “The law.” Woody does not recall which investigator he talked to in the back room of Pop N Cork Liquors. Woody says that Detective Barringer “Sounds Familiar.” Objection, Sustained. That was another leading question. Marlisa takes Woody back to the 03/01/2014 interview. Woody states that his dad, his brother Brian, and the mother of his children Candy Watts were present. He admits that he was allowed to speak with Candy Watts after the infamous bathroom break. He states that Steve Jacobson was with him in the bathroom. He states that he was in the bathroom around 7 minutes, and that Jacobson told him to be truthful. He states he told Candy Watts to give his children his love, and that he gave her his sweater, and some money. He does not recall if he told her what he said during the interview. We have a side bar, and Marlisa withdraws her last question. Woody does not remember if Jacobson told him: “Robert, tell them what they want to hear.” Woody recalls testifying on cross examination that Jacobson told him to tell them what they want to hear. He states that this was a lie Marlisa asks him why he lied about this. Woody: “I just said it.” Marlisa: “Why did you just say it?” Woody: “I’m not sure.” Marlisa Ferreira: “Did Jacobson say that?” Woody: “No.” Woody states that nobody else talked to him while he was on his bathroom break. Woody states that he does not trust law enforcement, because his words have been used against him when they said they wouldn’t. Marlisa Ferreira: “Why did you say that you didn’t know anything?” Woody: “To see what it would get me.” Woody stated that he felt more comfortable with Steve Jacobson. He denies that Steve Jacobson ever told him what to say. This is a lie. We can hear Jacobson telling Woody what he should say during the transports from Tuolumne County. Marlisa brings up that Woody had told the investigators that they took the body of Korey Kauffman directly to the mountains. Marlisa: “Why didn’t you tell Jacobson?” Woody: “Holding back.” Marlisa: “Why?” Woody: “Nervous, scared.” Woody: “I was told to keep my mouth shut.” We are now done for the day. I will be there at 10:00AM to hear some more lies from Robert Woody.
Sincerely; William Thomas Jensen (Tom)
The gentleman in the audience was Ricardo Scarano and it is still unknown to us why he was wanting a picture of the jury.