Good evening, everybody. This is Marty from Dawg’s Blog with tonight’s podcast on January 31, 2019. There is no court tomorrow. Also, I’m going to put up a poll to see what people’s interests are. I’ve been offered a deal to go back to Blog Talk Radio. Let me know if you liked Blog Talk Radio format or if you like the Spreaker format. The Blog Talk format has the call-in feature, but there’s not that many people that call in, there is a few. Blog Talk Radio has a few quality control issues. There will be a poll coming soon and you guys can tell me how you want me to do it.
The afternoon session started about 1:32 PM with the jury up. The Judge was on the bench at 1:36 PM. (Not too bad!) Marlisa Ferreira started to go into redirect of Robert Woody and the Judge called a sidebar, there is something she forgot. So, the jury is just sitting there while they’re having a sidebar. It was only a couple of minutes. Marlisa Ferreira goes back to the redirect of Robert Woody. They talked about his nephew, Robert Branco, he had worked at Pop and Cork. It sounded like it was an off-and-on kind of thing. There was a conversation, he said, with Daljit Athwal, Robert Branco and Robert Woody. She asked if this conversation occurred before or after Korey Kauffman went missing. (Robert Woody doesn’t remember anything and when they have him refresh with these transcripts, he is refreshing with what he said in the interview or previously in court, but it is not helping his individual recall. This is the downside of this, but he can’t remember anything.) He said there was no one else present with Robert Branco, Woody and Daljit Athwal in this conversation.
I think Marlisa Ferreira was trying to get to that someone else was in the conversation, but Woody wasn’t going for it. There were many objections during this time. I think the attorneys knew where it was going, but I’m not sure where it was headed.
The jury was sent out at 1:50PM, so they were in there for 14 minutes. Robert Woody was sent out. Judge Zuniga asked Marlisa Ferreira for copies of the documents she wants to use in review of Robert Woody.
Now I’m trying to recall exactly what the issue is here, but most of the time when they refresh Robert Woody’s memory with a transcript, they let him read the whole page or the next page and he keeps asking to do that. It gives him a little bit of reference and helps him out. Well, the Judge doesn’t want him doing that with these documents because of some of the comments that were apparently made according to Woody that would be prejudicial and will not be allowed. So she only wants him to read a small amount, just a few lines and not the whole thing. Unless, Marlisa Ferreira is able to lay a proper foundation. She apparently wasn’t able to do that, because Woody said no one else was there during the conversation. Also, something that was said (I don’t know what that is) the Judge has not allowed.
Attorney Hans said it is improper to refresh his memory on another person’s statement. Marlisa Ferreira is trying to get this statement out. It is not said by Woody, it is said by someone else and so it is not proper. (It is hearsay, I guess? I don’t always understand all the legal arguments, some of the finer point escape me.)
Jai Gohel said it is a 352 (evidence code 352) and not allowed under the evidence code and would be an undue consumption of time. He said Robert Woody cannot remember and Marlisa Ferreira still wants to refresh his memory after he said he didn’t remember. She kept trying to go back a second time and do it and that is not allowed.
Judge Zuniga said Marlisa Ferreira needs to lay a foundation and she cannot show Robert Woody the document yet. She hasn’t shown that needs to be done at that point.
Jai Gohel argued Marlisa Ferreira will get Robert Woody to just submit to what she wants him to say after he figures out what she wants him to say. Robert Woody is very streetwise, he just has no recall. He is unable to remember anything, whether it is due to drug use or him not being there. Robert Woody has no recall. She is trying to get him to say something by having him read transcripts of other things, is what it sounds like to me here. Jai Gohel said that is what Marlisa Ferreira does with Robert Woody and many of her other witnesses.
The Judge simply said Marlisa Ferreira needs to establish more of a foundation if that is what she wants to do.
Robert Woody came back in. The jury came back in at 1:58 PM. They were out 8 minutes.
Marlisa Ferreira asked Woody if he recalled what they were talking about when there were objections and that led to more objections. They are objecting now that Marlisa Ferreira is talking in general terms. They have to establish specific timeframes with Branco, Daljit Athwal. If it was prior to the missing person case or not. Again, Robert Woody did not recall. After he refreshed, he still did not recall. Marlisa Ferreira wanted to ask him again if he wanted to refresh his memory again and it lead to a bunch of objections. Because once they get refreshed if they don’t recall, that is supposed to be it. They don’t get multiple bites of the apple. This led to a whole slew of objections. I also noted that Judge Zuniga is not sustaining the leading objections she just tells Marlisa Ferreira to ask it again or rephrase. She’s not saying objection sustained to the objections the defense attorneys give. She just telling Marlisa Ferreira to rephrase. I don’t know if that’s a legal, technical point or not. I have no idea.
Judge Zuniga wanted to know what she wanted to refresh again with Woody. Marlisa Ferreira gives a cite with page and paragraph. What they did with the last refresh he just did, they ended up folding the paper so he could only read the lines he was supposed to read. They told him not to read anything else because he likes to read the whole page or the next page too. This led to a sidebar. Apparently, Zuniga was concerned again about him reading more than what he is supposed or getting refreshed on things he shouldn’t. She is concerned about Robert Woody as a witness because sometimes there is no telling what he’s going to say.
Marlisa Ferreira did show Robert Woody the transcript to refresh. She folded up the paper and just those two lines were visible and she told him to just read those two lines and those two lines only. It was a conversation with Daljit Athwal and Robert Branco at Pop and Cork. Again, it assumes facts not in evidence was the objection by the defense. It was sustained by the Judge. She is having a problem asking these questions. Robert Woody did say that Carson was having problems with thefts. He did not recall when that conversation occurred with Robert Branco. He was asked if any further conversation occurred? He didn’t recall. He refreshed. There was an objection. Again, Judge Zuniga wanted to read what Woody was going to refresh with. It was three lines and again they had to fold up the paper. This all happened in the sidebar. Again, he said it did refresh, but he says he still doesn’t recall. Marlisa Ferreira again asks him: You don’t recall at all? Objections! Once he says he doesn’t recall, he can get refreshed, if he still says he doesn’t recall and doesn’t have the memory. She doesn’t get to ask again. That is it.
She moved back to the body wire worn by Miranda Dykes and asked if he recalls everything he said in regards to Frank Carson on that body wire. He did not recall. She refreshed with transcript. Objections! Judge Zuniga reviewed again and overruled the objections. The attorneys were objecting under 352, that it is an improper way to present evidence and also under 1101 (prior bad acts, if they are talking about something somebody did in their past and the Judge has ruled it inadmissible). Robert Woody was reading the transcript and asked if he was refreshed? He said correct, which means yes. He told Miranda Dykes that the lawyer, he said the lawyer he referred to was Frank Carson, was a former MPD cop. He is saying Frank Carson used to be a Modesto Police Officer. Maunakea said Frank Carson used to be a CHP officer. There was something that was said right after that, but I did not hear exactly what he said. He mumbled it, it didn’t get picked up on the microphone. The Judge had stricken his answer, whatever it was. He said yes and then the rest of his answer was stricken. Marlisa Ferreira asked if recalled what he said about Frank Carson being his lawyer to Miranda Dykes? Again, he said Frank Carson said he was once a Modesto Police Officer and then had become a lawyer. He didn’t recall anything else he said. Refreshed again and then asked if he told Miranda Dykes the lawyer he was referring to was Frank Carson? He said yes.
We went back to the 3/1/2014 interview. This is the first time Robert Woody was taken into custody. He was taken into custody on 2/28/2014 and interviewed into the morning hours of 3/1/2014. He didn’t recall telling any officers about the missing person, Korey Kauffman, that night. He didn’t recall saying anything about it that night. He refreshed with the transcript. He was asked if it refreshes? He said yes. Did he tell the investigators what occurred? He said yes, it occured on Frank Carson’s property and they went into the gate on the property. (That’s not what he said the other day. He said it wasn’t on the property, it was on the street). They were involved in an altercation with an individual he knew as Korey Kauffman. The altercation occurred because of the thefts on the property and apparently Baljit Athwal said later on he had been patrolling the property. It was afterwards he was told to keep his mouth shut. He was asked if he said anything to officers. He said yes on March 1, 2014, he had told Bunch, Evers and Jacobson. He did not recall where he was told by the Athwal brothers to keep his mouth shut. So he remembers it, but not real well. He was told by the Athwals on the property and the store to keep his mouth shut. Before and after the alleged homicide. He said he did describe the altercation to the officers on March 1, 2014. There were objections when Marlisa Ferreira asked how did all this make him feel, being told to keep his mouth shut? The objections led to a sidebar.
Robert Woody, again, refreshed with the transcript from the 3/1/14 interview. She asked him again if he went to Frank Carson’s office on the day he visited Mike Cooley’s house. He said yes, he went to Frank Carson’s office, that was the day of his court hearing. Marlisa Ferreira asked him if there was a period that Baljit Athwal was alone with Frank Carson? He did not recall.
Something came up in a sidebar, something about how he stepped outside to smoke, but Marlisa Ferreira wanted him to testify that Baljit Athwal was alone with Frank Carson, but he wouldn’t know that if he was outside. Jai Gohel argued there was no foundation for Marlisa Ferreira to ask that because he’s outside smoking, how would he know?
The jury been taken out of the room and Woody was off the stand at 2:53 PM. They had to discuss this issue.
The Judge sustained Jai Gohel’s objections. There is no way for Robert Woody to know what was going inside the office if he was outside.
We took a break and came back at 3:20 PM. The Judge called the attorneys into chambers. I have no idea what that was about, but I can guess. I think it was about scheduling. The jury is asking for a date that this trial will finish. They have employers putting pressure on them and I think some of them are not getting paid anymore. They really want to know how long this thing is going to go on. A couple of them sent a note to the Judge the other day and she hasn’t answered them. Jai Gohel mentioned that just before they went out to break, he asked the Judge: are you going to give the jury a finish date on this? She said something to the effect that this is a very embarrassing situation and she has to figure out the proper way to put it to them. I don’t know why it is an embarrassing situation unless you are not going to tell them the truth. I didn’t understand the comment. This leads to something else in a few minutes.
The jury came back up at 3:47 PM. Marlisa Ferreira is doing redirect on Woody. They are talking about the 3/1/14 interview. He said he gave law enforcement some facts about the altercation with Korey Kauffman. He did not recall if he gave them any facts before the (infamous) bathroom break. She asked if he recalled specifically if he held some information back that he didn’t tell them. He said yes. He says he recalls not saying anything about the beating, shouting, body removal. He held all that back from the investigators at the time. Talking about the 3/14/14 interview, that was the day he took the polygraph, which they can’t use that term in court, when he interviewed with Agent Jefferson, he did the pre-interview and he did the exam. In that interview he denied Frank Carson did anything. He was asked why he denied things again? He doesn’t really know why.
He was asked if meals were provided during that interview and other interviews. He said he was not fed by Tuolumne County on the days he was transported, so they fed him. He received fast food, they went through drive throughs on the transportation from Tuolumne County to Stanislaus County. He also had a couple of visits with his family at the DA’s office, while he was housed at Tuolumne County. When they brought him down for interviews or court dates, they let him have visits. (I know this for a fact myself, because I went to one of the Robert Woody hearings and it was in a different court at the time. Beverly Woody and some other family members were there. Dale Lingerfelt and Steve Jacobson took Robert Woody out of the courtroom and walked him out the hallway and front door towards the DA’s office. I was talking to Beverly Woody and she says, I have to go visit with my son. After his court appearance he got to have a visit with his family.
Marlisa Ferreira asked if family was unable to visit in Tuolumne County? He said yes, they were unable to visit. She asked him if he had established a relationship with Steve Jacobson (remember Robert Woody has been calling him “Steve” and “Jake”. Jake is apparently what his friends call him)? He said he had bonded with Jake the first time he met him on one of those interviews. He was asked if he felt the same about Kirk Bunch, if he had bonded with him? He said no, he didn’t feel that connection with Kirk Bunch, only Jake. Steve Jacobson, Kirk Bunch and Jon Evers were doing the first interview on 2/28/14 – 3/1/14. He was asked who talked the most in that interview? It was Kirk Bunch and Jon Evers. In the interview with Agent Jefferson, again he had denied any knowledge about anything they are saying happened and now he says he’s not sure why he denied it. After saying somethings in the first interview and telling Jacobson he didn’t know anything during a transportation and then he’s telling Agent Jefferson he didn’t know anything. Marlisa Ferreira given a date for August 2015 when the other defendants were taken into custody and he got to watch them being booked at the Sheriff’s office.
He was asked if the Athwals ever helped or visited him in jail? He said no they never did and he had a bitter look on his face. He was asked if the Athwals were out of custody until August of 2015? He said yeah. He was asked how that makes him feel? Marlisa Ferreira loves to ask how they feel. Robert Woody said it didn’t make him feel good, he was going down for their “mud”. They were getting away with the wrong things they did and he was in custody. There was an objection because of 1101, prior bad acts. You aren’t supposed to attack their character.
Another sidebar and then the Judge decide that is it for the day. She sends the jury outside for a minute and they agreed to come back 9AM on Tuesday. There is no court tomorrow.
She brought the jury back in and was addressing them. She said in regards to the time estimation requests she received (there were two of them), she said the best estimate is that the evidence will be done by the end of March (Judge Zuniga was very nervous about this. She wasn’t sure of herself at all on this) and then they will have to go into deliberations, however long that will take after that. She started to release the jury and Percy Martinez stood up and said: Your Honor, the defense is ready to do their case right now and we can do it in short order and Judge Zuniga flipped her cookie. She yelled very loudly that it was inappropriate. She struck his comments. Jai Gohel also stood up and says he was ready to start his case, but the Judge says it is inappropriate. I looked away for just a second and looked back and Judge Zuniga was off the bench. She was gone. The defense attorneys have been waiting a long time to get this done. They said so right in front of the jury and made the Judge extremely pissed off. But she gets extremely mad at them and Marlisa Ferreira mouths off to the Judge like she did yesterday, and the Judge doesn’t do anything about it.
That was the end of the day. Again, no court tomorrow. We come back at 9AM on Tuesday.
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Remember what I always say don’t take my word for it– there hasn’t been a lot of people in court, it would be nice to see a few more people in court–so don’t take my word for it. come to court find out for yourself. Good night, everybody!
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