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FRANK CARSON ET AL CASE

FOR ALL THE MARBLES

ENTIRE DAY OF TESTIMONY 01/30/2019

WEEK 37, DAY 130

BY WILLIAM THOMAS JENSEN (TOM)

NO LIPSTICK FOR THIS PIG CONT.

Court was once again delayed this morning. We started out about 25 minutes behind schedule. As we try to find ways to speed things up, this is one area that could be taken care of. If only the person in charge of this fiasco really cared, we might have been able to shave months off the length of this trial.

We start out around 10:25AM with the jury present in the courtroom, and Robert Woody on the stand. Marlisa Ferreira begins her continuing re-direct examination of Robert Woody by asking him about being interviewed on 07/10/2012 by Kirk Bunch at Pop N Cork Liquors. After getting his memory jogged, he remembers this interview, and states that it happened in the back room of the store. There are immediate objections to this line of questions, and we have our first side bar of the day. This side bar lasts a very long time, and at times becomes very animated. At 10:41AM, they are done with the side bar, and Judge Zuniga sustains the original objection, but overrules the side bar. I am not sure what that actually means. Marlisa Ferreira asks Woody about the interview at Pop N Cork once again. Kirk Bunch and Frank Navarro were the investigators that came to the store to talk to Robert Woody. Robert Woody could not remember the investigators asking him why he and Baljit Athwal went over to Michael Cooley’s house. Woody gets refreshed on this with some transcripts, and he states that they went over to tell Cooley to keep off Frank Carson’s property. Woody states that he did not know at the time that it was Frank Carson’s property. Woody states that he told Kirk Bunch that it was Frank Carson’s property. This does not make any sense to me, but I am reporting what I heard him say. Woody admits that he told Kirk Bunch more than once that it was Frank Carson’s property. He states that Daljit Atwal was present when the investigators came by the store to talk to him. Marlisa: “Did Daljit Atwal say anything?” Woody: “Yes.” Marlisa asks Woody if the investigators asked him if Frank Carson had asked him if he could find out who was stealing items from his property. Woody: “Yes.” Marlisa: “Did you tell them?” Woody: “Yes.” Marlisa: “Who did you find that out from?” Woody: “Frank Carson.” Marlisa: “Did you tell the investigators that?” Woody: “Yes.” Marlisa: “Did you tell the investigators why Frank Carson wanted you to do this?” Woody: “Yes.” Marlisa: “Why?” Woody: “Because law enforcement was being lazy, and not helping, and because I might know because I might know these guys that were stealing from him.” Woody states that Frank Carson wanted him to report back to him about this. He does not recall the purpose that Frank Carson wanted this information. After many objections, and many questions, Woody is able to state that it was so that Frank Carson could: “find out where the thieves were to make it easier for them to go get them.” Marlisa tells Woody that he testified that he was supposed to find out if Michael Cooley still lived on Lander Rd. Woody states that he was supposed to report back to Frank Carson. Woody states that he knew to go over to Michael Cooley’s house because Frank Carson had asked him to do so. He states that Frank Carson wrote him a note that requested him to do so. At this time, Percy Martinez requests a break. He and Frank Carson briefly leave the courtroom to meet in a private room by the entrance to the courtroom. When Percy and Frank Carson return to the courtroom, Woody states that Frank Carson asked him for help because he was in: “That circle of people.” Woody states that Frank Carson wanted him to work on getting information about the stolen property, because law enforcement was being lazy, and were not doing their job right. Woody states that Frank Carson did not charge him for his court case. This is because Frank Carson owed money to the Athwal brothers for a case that did not take as long as anticipated. The Athwal brothers had overpaid Frank Carson for that case and had a credit. This comes from earlier testimony in this case folks. Woody states that he told the investigators that miscellaneous stuff was being stolen from the Carson property. He states that he told the investigators that stuff was being stolen from containers and cars that were on the back lot of the Carson property. Woody states that he learned this information from Frank Carson and was told this at Frank Carson’s Law Office. This was objected to, and the objection was sustained. Marlisa Ferreira asks Woody if he got this information from anyone else. This gets objected to, and we have another side bar.

After the side bar, Woody states that Daljit Atwal was present during the entire interview at Pop N Cork Liquors. Woody says he got a telephone call on 7/12/12 around 10:30AM regarding the interview. It is brought out that this call was wire tapped. After some objections, and gyrations, Woody testifies that Daljit Atwal called him an idiot, and told him he was stupid, and to keep his mouth shut. He states that Daljit Atwal told him that he did not know how to talk. This is after being refreshed with transcripts of the wire tapped call. This gets some more objections, and at least one of the objections is sustained. We have a side bar. After the side bar, Jai Gohel moves to strike what had just been said by Woody. It gets stricken. Marlisa Ferreira asks Woody when he got the phone call from Daljit Atwal, what was his interpretation. That gets objected to, and the objection is sustained. Marlisa Ferreira: “What did you think he meant?” Woody: “Keep your mouth shut.” Marlisa: “What was his demeanor?” Objection, sustained. Marlisa: “Describe his voice.” Woody: “Pissed off.” Marlisa tries to ask Woody several questions about why he said Daljit Atwal was pissed off, but all of the questions were shot down by objections. Marlisa Ferreira: “What did Daljit Atwal talk about?” Woody: “The interview with the cops.” There is an objection to this, and we have another side bar. After the side bar, Judge Zuniga overrules the objection. Marlisa: “During the call did Daljit Atwal call you names?” Woody: “Don’t recall.” He gets refreshed with some transcripts of the wire tapped call and says Daljit Atwal called him a “Dumb ass.” I would call that fairly accurate.

Marlisa Ferreira: “Did Daljit Atwal tell you what to do if the investigators came back?” This gets objected to for being 352. Marlisa Ferreira shows Judge Zuniga some transcripts of the call. We have another side bar. After the side bar, Woody says: “Yes, to say nothing.” Once again, Woody states that Daljit Atwal called him a dumb ass. Marlisa Ferreira now plays the part of a Psychiatrist, and asks Woody: “How did that make you feel?” Woody: “Lower than a snake’s belly.” Marlisa Ferreira asks Woody if he told Detective Cory Brown about this when Brown picked him up at a gym. Woody: “No.” Marlisa: “Why not?” Woody: “I was directed to keep my mouth shut by the Athwals.”

Marlisa Ferreira asks Woody about before he was arrested. She asks Woody about the defense asking him questions about his body-wire statements. Woody states that he recalls that. Marlisa Ferreira asks Woody if anyone else was present when he made the body wired statements to Miranda Dykes. Objection, sustained. Marlisa Ferreira: “Was anyone else with you in the bedroom?” Woody: “Yes, Brian Coates (his nephew.) Woody does not remember if he continued talking to Miranda Dykes when Brian Coates came into the bedroom.

Marlisa Ferreira asks Woody if during his 03/01/2014 interview he was asked about the body wire. Woody: “Correct.” Marlisa tells Woody that she had asked him prior to this interview if anybody else was present, and that Woody had said that he had told his mother. Woody also speaks about telling Robin Attenhoffer, and Robert Branco. Marlisa Ferreira asks another leading question when she asks Woody when he told his mother Beverly Woody. Woody: “Night it happened.” He states that he told her this when he got home from Pop N Cork Liquors. The jury is now sent out about 10 minutes early for their lunch.

When the jury, and Robert Woody are out of the courtroom, Judge Zuniga asks Marlisa Ferreira why she is asking these questions to Robert Woody. Marlisa Ferreira: “For his state of mind.” Marlisa Ferreira states that he told Robin Attenhoffer: “If anything happens to me, the Athwals did it.” Robin Attenhoffer is deceased. She states that there is an exception to the hearsay rule that should allow her to get this in. Jai Gohel states that the court has already excluded this statement on direct examination. Percy Martinez states that Robert Woody has testified that the first person he told was his mother. Hans Hjertonsson states that this is hearsay and is 352. Marlisa Ferreira states that the defense has made it look like Robert Woody had just made this up because he wanted a better deal. Marlisa Ferreira says that Robin Attenhoffer is dead, but if Robert Woody told other people, it is important. She states that it is relevant to his state of mind and is a prior consistent statement. Judge Zuniga mumbles something about it being relevant, but it is not coming in. Marlisa Ferreira says she is going to find some areas in the transcripts to bolster her argument on this issue during lunch. We now leave the courtroom until 1:30PM.

 

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At 1:32PM, Marlisa Ferreira tries to use Beverly Woody’s testimony to try to get the alleged statement made to Robin Attenhoffer by Robert Woody admitted. Judge Zuniga: “Her testimony has been stricken.” Hans Hjertonsson states that there are numerous lies in Beverly Woody’s testimony, and that it is ludicrous for Marlisa Ferreira to argue this when Beverly Woody is flat out lying. Hans states that Woody testified under oath that he never made such a statement. Jai Gohel starts making some very good arguments, and Marlisa Ferreira suddenly accuses Jai Gohel of making threats to a judicial officer (Judge Zuniga.) Jai Gohel goes ballistic, and says: “Did I just hear Marlisa Ferreira accuse me of making threats against a judicial official?” Jai Gohel immediately states that Marlisa Ferreira needs to get herself an attorney. Jai Gohel states that he is going to file a complaint against Marlisa Ferreira to the State Bar Association. Judge Zuniga tells Marlisa Ferreira: “Are you seriously saying that to me?” Marlisa Ferreira interrupts Judge Zuniga and starts talking over her. She tries to tell Judge Zuniga that she will help her find what she needs to see. Judge Zuniga goes ballistic and tells her that she does not need her help. Marlisa Ferreira: “Yes you do.” This was like a death match folks, and Marlisa Ferreira lost big time. Jai Gohel states that Marlisa Ferreira, if allowed to use Beverly Woody’s testimony will use this to ask Robert Woody leading questions. Marlisa Ferreira starts to spout off again. Judge Zuniga: “You need to stop.” Jai Gohel states that he wants this situation to be marked in the transcripts, and he will submit it to the State Bar. Judge Zuniga: “Move on.”

It is now 2:30PM, and we have been having war for about one hour. Judge Zuniga: “Call the jury up.” Robert Woody is put on the stand. Marlisa Ferreira once again starts asking Robert Woody questions on her re-direct. She asks Woody if when he talked about the body wire, he said that a couple of people were there. He states that his nephew Brian Coates was there, but he does not recall what he was saying when he came into the bedroom. Woody gets refreshed on this, and says he was saying: “He got shot.” He does not recall telling Miranda Dykes how he felt about Korey Kauffman. He gets refreshed, and states: “Brought it on himself.” Marlisa asks Woody if Miranda Dykes asked him any questions. Woody: “Yes.” Marlisa: “What did she ask?” Woody does not recall if she asked him what happened that night. Marlisa: “Was the discussion about Korey Kauffman?” Woody: “Correct.” Marlisa Ferreira: “Do you recall what she asked?” Woody: “Not a lot of it.” Marlisa Ferreira: “Did you know that the body of Korey Kauffman had been found?” Woody: “No.” After being refreshed, Woody admits that she asked him if the body had been found, and that he replied to her: “Haven’t found shit.” After some objections, Woody speaks about some “Key holders.” I thought he was speaking about the carabiner, but I was wrong. Woody was speaking about Baljit Athwal and Daljit Atwal, and the people in higher places. He speaks about them being kings, and that he and Korey Kauffman were pawns. Marlisa: “Did you feel like that at that time?” Woody: “Correct.” Woody testifies that later, in the body wire, he discussed about if the body would be found. He states that he said the body would not be found because it was placed out of town. He states that the body wire was captured prior to his arrest. Woody admits to telling Miranda Dykes about disposing the body, cutting up the body, and feeding the parts to hogs on the ground, where the hogs could eat it. He states that he told her it was important to not put the parts all in one spot, and to leave the parts on the top of the ground, and let it dispose of itself. Marlisa Ferreira: “Did you know where the body was?” Woody: “Correct.” Marlisa Ferreira: “Was this the truth?” Woody: “Correct.” We now take a break until 3:20PM.

After the break, at 3:23PM, we start out with a side bar before any questions are asked. Woody admits that Miranda Dykes asked him two questions. The first question was if Korey Kauffman was stabbed or shot. Woody states that he told her he was both stabbed and shot. Marlisa Ferreira: “Why did you say that?” Woody seemed to stumble with his answer and did not really have any reason why he told Miranda Dykes this. Woody states that Miranda Dykes asked him why Korey Kauffman was stabbed and shot. Woody states that he told her that when Korey Kauffman jumped over the fence, it was his last jump. Woody states that he does not remember where he got that information. He has testified that he stated to the investigators that he had heard that on the streets. We now have another very long side bar. I can see Jai Gohel and Hans Hjertonsson getting very animated during the side bar. After the side bar, Woody states that he does not remember Miranda Dykes asking him about jumping over the fence. It is now 3:50PM, and Judge Zuniga sends the jury home, and Robert Woody is taken off the stand.

Judge Zuniga now asks Marlisa Ferreira about her last question concerning Korey Kauffman jumping over the fence. She states that there is a foundation problem with the question. Judge Zuniga: “Unless he was there, he can’t testify to it.” Judge Zuniga states that it goes to his source of the information. Judge Zuniga: “My recollection is that Michael Cooley said this to Robert Woody.” Percy Martinez: “He has testified that he doesn’t know.” Hans: “He doesn’t know, she has to go through the steps.” Judge Zuniga decides to bring Woody back to the stand without the jury being present. Woody is put back on the stand, and Judge Zuniga asks him where the information about jumping over the fence came from. Woody: “I don’t really recall.” I could see Marlisa Ferreira slump in her chair when he said that. That was not the answer she wanted to hear. We are now done for the day. Court will resume tomorrow morning at 9:00AM to continue the arguments about Marlisa Ferreira wanting to use the testimony of Beverly Woody. I am getting my heating and air conditioning replaced tomorrow. It has been 23 years since we last replaced them. I have to stay home for that. There is no court on Friday. I will be there next Tuesday for more Robert Woody lies.

Sincerely; William Thomas Jensen (Tom)

 

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