FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF TESTIMONY 02/06/2019
WEEK 38, DAY 132
BY WILLIAM THOMAS JENSEN (TOM)
MARLISA FERREIRA’S TRAGIC WOODY PROBLEM
Court finally resumed this morning at 9:39AM. Judge Zuniga was sick yesterday. She has been sick on Tuesday’s consistently lately, but this time it is obvious that she is really sick. She could barely speak, and was fighting a nasty cough. This extended trial is literally killing her, and some of us in the audience. I keep hoping for an end to this travesty of justice, and Marlisa Ferreira keeps dragging her failing case into infinity. Like I have said several times, as long as she doesn’t end her case in chief, she can never lose. We all know she is trying to outlast the jury, and get a mistrial. My hopes and prayers are with the jury to hang in there, and hand Marlisa Ferreira a blockbuster defeat in what will be the most important case of her career.
I did detect the strong smell of a rat in the courtroom this morning. As I turned to look, Praveen Singh had entered the courtroom. I am sure it must have been merely a coincidence. He keeps coming in as ordered to testify, and he keeps getting put off to another date. Judge Zuniga rescheduled him to be in the courtroom at 1:30PM tomorrow. I would take bets that he gets rescheduled again. Marlisa Ferreira is on a never ending re-direct examination of Robert Woody, desperately trying to put lipstick on her pig of a witness. All she seems to be accomplishing by dragging this thing out, is to piss off the jury. I could see them rolling their eyes repeatedly today as she kept asking him irrelevant questions. It is obvious that the jury has had enough of Robert Woody, and his never ending lies.
Defense attorney Hans Hjertonsson, out of the presence of the jury and Robert Woody, starts speaking about how Marlisa Ferreira showed Robert Woody a piece of paper last week while he was on the stand. Hans states that he requested that the defense attorneys be provided a copy of this paper by E-Mail, and that he had not received a response from Marlisa Ferreira. Marlisa Ferreira states that Judge Zuniga was using her copy of a transcript at the time, and that she had handed some of her “Work Product Notes” to Robert Woody so that he could read only one line. The paper had information that she had jotted down during Robert Woody’s 03/01/2014 interview at the DA’s Office after Woody had been arrested. Judge Zuniga states that the only privilege she is aware of that Marlisa could possibly use is in something called “Core.” Judge Zuniga: “How is this core?” Marlisa Ferreira: “These are my impressions on what is in line with our theories in this case that I took down during his interview.” She states that they are things she intends on using during her closing arguments. Hans Hjertonsson states that he does not believe this paper is “Work Product.” Hans states that it is: “A recitation of facts.” Hans states that Marlisa Ferreira showed Woody the entire page, and not just one line. Hans states that Robert Woody took a very long time reading the one line on the page. He states that it was obvious that Robert Woody read the entire page. Hans Hjertonsson states that the top of the page is labeled: “True Statements.” How can anyone accurately separate the truth from the lies when Robert Woody speaks? This is Marlisa Ferreira’s tragic “Woody Problem,” that Judge Zuniga has spoken about. I feel sorry for her. There are medications that can sometimes be very effective. Jai Gohel states that Marlisa Ferreira chose to produce her notes to a witness. Percy Martinez states that Robert Woody always wants to read more than he is requested to read when he is handed material to read on the stand. Percy: “He spent a lot of time reading it. At this time, I could see Marlisa Ferreira fanning herself with some papers where she is seated. Sometimes, medications for “Woody Problems” can cause a person to have a “Hot Flash.” Perhaps she has already begun treatment for her disorder. Marlisa Ferreira states that she instructed Marlisa Ferreira to only read one line from the paper. Judge Zuniga has the court clerk pull up the testimony, and one of the lines has Marlisa Ferreira telling Robert Woody to read as much of the paper as he wants. I could see her nose grow by the second. Judge Zuniga states that she is going to have to do some research on this issue, and asks Marlisa Ferreira if it would be “OK” if she handled this issue at a later time. Marlisa Ferreira seemed to be relieved by this suggestion.
At this time, Marlisa Ferreira states that she wants to play a recorded interview for Robert Woody, out of the presence of the jury. She takes a huge amount of time at her computer trying to cue the recording up. All this time, the jury is sitting downstairs waiting to be called up to the courtroom. She finally gives up trying, and at 10:23AM Robert Woody is put on the stand. Three minutes later, the jury has entered the courtroom, and we are ready for some more legal warfare. Marlisa shows Woody the People’s 737, which is a photograph of Frank Carson’s property. Robert Woody had signed this picture, and it had a date and a time on it. Woody admitted that he had made markings on the photograph, to point out where he entered through the “Man Gate” and where the alleged killing of Korey Kauffman had taken place near the double decker bus. Woody could not recall when he was provided with the map to mark. Marlisa Ferreira tells Woody that the defense had asked him questions concerning Kirk Bunch threatening him with the death penalty during his 03/01/15 interview at the DA’s Office. After being refreshed, Woody testifies that he was told he was being charged with 1st Degree Murder with special circumstances and lying in wait. Woody said that he was charged with conspiracy as well while this was being discussed.
Marlisa Ferreira now goes into the interview on 08/14/2015 with CHP Officer Domby and Steve Jacobson at the Sheriff’s Department. Woody states that he was not paraded in front of the other defendants that had just been arrested. Woody states that one of his attorneys Martin Baker was with him during this interview. Woody could not recall who, during the 03/01/2015 interview, had asked him about the incident on South Johnson Street. (Your Ass Is Grass) After being refreshed, Woody states that he had been asked about this by both Steve Jacobson and CHP Officer Domby. Woody denies that he was ever visited by Kimberly Stout while he was in jail. It seems as though Marlisa is trying to show that she did not have the opportunity to tell Woody anything concerning what she had allegedly seen concerning the threat. I am sure that this information could have easily been passed along to Woody from his frequent visits with his family members. Woody has also testified that he had visits with his family at the DA’s Office.
Woody could not remember what he told Jacobson and Domby about the incident on South Johnson Street during the 08/14/2015 interview. Marlisa Ferreira wants to refresh him, and Hans Hjertonsson objects for improper recollection. This objection was sustained. Marlisa Ferreira asks Woody: “Do you recall what you yelled out?” Woody: “Your ass is grass.” Woody states that Baljit Athwal was driving Daljit Atwal’s BMW, and he was in the passenger seat. Woody states that he mentioned seeing Kimberly Stout to the investigators. Woody does not recall when he said that Baljit Athwal left Pop N Cork Liquors. Marlisa Ferreira wants to refresh him, but this is objected to, and the objection is sustained. Woody does not recall what Baljit Athwal said when he left Pop N Cork Liquors. Woody states that Baljit Atwal was going to spot check a property. Woody states that he told Jacobson and Domby about the alleged fight on the Carson property. Woody states he told them it was like a cat trying to get away from a dog. Woody states that he went through the small gate when he entered the Carson property when the alleged fight occurred. Woody states that the big gate on the Carson property had a lock on it. Woody states that he did not see Christina DeFelippo standing by the gate when he entered the Carson property. Marlisa Ferreira is still trying to drag Christina DeFelippo into this thing. Woody states that he did not see a young white male standing by the gate when he entered the Carson property. I think Marlisa Ferreira is still trying to drag Walter Wells into this thing. Woody states that he tried to stop the altercation by pulling on the shirts of Baljit Athwal and Daljit Atwal.
Robert Woody does not recall being told anything by the Athwals except to keep his mouth shut after the alleged killing of Korey Kauffman. We now go into dozens of irrelevant questions by Marlisa Ferreira where I refused to even take notes. I really think she is trying to stretch her case in chief out as long as she can. Judge Zuniga needs to take charge, and get some control over what is going on, or this thing could literally last another six months.
Marlisa Ferreira tells Woody that he told the investigators that Scott McFarlane had put a garden on the side lot of Pop N Cork Liquors. Woody states that he saw this being done by Scott McFarlane. Woody states that this garden was put in after Korey Kauffman’s body was allegedly moved. Woody states that part of the garden covered up where the body of Korey Kauffman had been buried. Woody states that Scott McFarlane roto-tilled the garden area, and worked in some compost that smelled like manure.
Robert Woody testifies that during his 08/14/2015 interview with Jacobson and Domby, he told them that he put the body of Korey Kauffman into a gully in the mountains, and laid the body onto the ground. Woody states that he had never been to that spot before the body was put there. I must note that testimony during the Preliminary Hearing showed that there was a marijuana grow very near to where the body of Korey Kauffman was found. This marijuana grow was being run by people in Turlock that ran with the crowd that Korey Kauffman hung out with. There are some game cam photos of these people looking at where the body of Korey Kauffman was found. Could Korey Kauffman been killed for trying to rip off the marijuana grow? All of this is being hidden from the jury. Judge Zuniga is only allowing the defense to bring up Michael Cooley as a “Third Party Defense.” There is also the gang member who threatened to cut Korey Kauffman’s throat from ear to ear for ripping him off on a recycled trailer. He tried to run over Korey Kauffman. This happened a couple of days before he disappeared. Judge Zuniga is not allowing this to be brought up as well. So much for a fair trial folks.
Marlisa Ferreira asks Robert Woody if he had heard Baljit Athwal and Daljit Atwal talking about “Throw Away” phones. Woody states that he heard them talking about this type of cell phones after Korey Kauffman’s body had been allegedly moved from the side lot, and after some detectives had come to the store to ask some questions. Woody states that the Athwals got the idea about the disposable cell phones from Frank Carson, and that they changed their cell phones after getting some “Love Letters” in the mail informing them that they had been captured on wire taps.
Marlisa Ferreira shows Woody some transcripts from the Jacobson/Domby interview. Woody admits that he told them that the Athwal brothers had spoken to certain law enforcement personnel to have them spotlight the Carson property at night. Marlisa asks Woody what the officers were told to do if they saw anything. We have objections, and a side bar. After the side bar, Woody states that the officers were told they were supposed to contact Frank Carson. Woody states that the officers were instructed to contact Frank Carson on his cell phone.
Woody could not recall if the gate to the Carson property was locked after they left the Carson property. He gets refreshed on this, and states that the gate was locked after they left the property. Woody states that he did not know if Baljit Athwal or Daljit Atwal ever had a key to the gate on the Carson property.
We now go into a series of questions that Marlisa Ferreira tried to ask that were shot down by Judge Zuniga. She tried to ask what Frank Carson said after the search warrants had been served. Marlisa also tries to ask if Daljit Atwal ever made any statements regarding Frank Carson. Judge Zuniga asks Marlisa to go onto another area of questioning. Marlisa Ferreira keeps trying to ask this question in different forms, and keeps getting shut down by the judge. Judge Zuniga: “Same issue mam?” Marlisa Ferreira tries to ask about law suits that were being planned by the Athwal brothers. After a side bar, this gets shot down by Judge Zuniga. Marlisa Ferreira tries to ask Woody what sort of relationship the Athwal brothers had with Scott McFarlane before the investigation. This gets shot down by Judge Zuniga. I could see Marlisa Ferreira getting very agitated at this point.
Woody testifies that he told Jacobson and Domby that he used a saw to cut off the fingers and toes of Korey Kauffman. He states he did so to get rid of the prints. Why would he bury these fingers and toes with the body at Pop N Cork Liquors, as he has testified? Woody states that he put the boots back on the feet of Korey Kauffman after cutting off the toes. Woody states that the fingers and the toes were scattered in the woods when the body was moved to the mountains. Woody remembers that Korey Kauffman was wearing work boots, and a T-Shirt with a logo on the front. What Woody does not say is that Korey Kauffman was wearing a coat or a jacket. The body of Korey Kauffman was found wearing a Carhart Jacket or coat. This was identified by Tony Kauffman as being his son’s jacket.
Marlisa Ferreira asks Woody if he recalls being asked by the defense questions concerning him getting information from the investigators about the killing of Korey Kauffman. Marlisa Ferreira: “Do you recall what the investigators told you?” Woody: “They wanted me to tell the truth.” I could hear the investigators tell him this several times after feeding him details about the murder that they believed were true. This happened continually during his interviews. CHP Officer Domby: “This is the time to be truthful.” Domby said this after feeding Woody “facts” about what the investigators believed was the truth. Domby: “We are not trying to put words into your mouth.” Yes they were, and Woody told his father they were during a recorded telephone call from the Tuolumne County Jail where he was being held.
At 2:45PM, the jury is sent out of the courtroom, and Robert Woody is taken off the stand. Judge Zuniga: “Where are you going at?” Marlisa Ferreira tells Judge Zuniga that she wants to ask Woody about his 04/27/16 interview that the defense had asked him about. She states that she also wants to ask Woody about the 04/27/16 interview by Private Investigator Todd Helton, and ask Woody why he lied to them. It is now 2:50PM, and we take a 20 minutes break.
At 3:14PM, Robert Woody is on the stand, and the jury is brought into the courtroom. Marlisa Ferreira reminds Robert Woody that he had been asked about telling lies to the investigators and his lawyers. Woody admits to telling them lies. Marlisa Ferreira: “Why did you lie to them?” Woody: “No trust.” Woody states that he always had that issue with his lawyers and the investigators. Marlisa Ferreira tries to ask Woody what his lawyer (Martin Baker) said to him during an interview in 2016. This gets objected to, and we have a side bar. This interview was held on 04/27/2016. Woody states that this interview was just prior to the Preliminary Hearing. Woody states that he reviewed some things with Martin Baker before he testified in the Preliminary Hearing. Woody does not recall if the 04/27/2016 interview was recorded. Marlisa Ferreira once again tries to ask Woody what he was told by Martin Baker, and is once again shot down by the judge. Woody admits that he has trust issues with Martin Baker. Once again, Marlisa Ferreira asks: “What did Baker say?” Objection, sustained. Judge Zuniga tells her to: “Move on.” We have another side bar. Marlisa Ferreira: “How did this make you feel?” Woody: “No trust.” Marlisa Ferreira: “Do you still feel this way?” Woody: “Yes.” Marlisa Ferreira tells Woody that he testified for 5-6 weeks during the Preliminary Hearing. Marlisa Ferreira: “How did this make you feel?” Objection, sustained. We have another side bar.
Marlisa Ferreira now goes into the infamous bathroom break. Woody states that he was not threatened by Steve Jacobson during the bathroom break. Woody states that he does not recall being provided police reports on the other witnesses in this case. Woody states that the conversations he had with Scott McFarlane concerning his neighbors happened before Korey Kauffman was allegedly killed. Woody does not recall if he told the investigators what they wanted to hear during the interviews. He states that he was truthful during the 08/14/2015 interview. I am sure this is a lie. He has lied in all of his statements to law enforcement.
Robert Woody states that he was wearing black boots, and blue pants the night that Korey Kauffman was allegedly killed. He does not recall what type of shirt he was wearing. Woody does not recall what Baljit Athwal was wearing, and does not recall what Daljit Atwal was wearing. Woody states that when he was driven to the grave site in the mountains by the investigators that they parked about 100 yards away from the grave site near a campground. Woody states that he pointed out to the investigators where the body of Korey Kauffman had been left in the woods in a ravine. Woody states that it took about 1 ½ hours to get to the grave site from Turlock. I used to fish this area years ago, and it takes about an hour after you leave the pavement to get down the dirt roads to the grave site. I believe his time estimate is impossible. Marlisa Ferreira tells Woody that Percy Martinez stated that during the 03/01/2015 interview that she had helped you with answers. Marlisa Ferreira: “Was I there?” Woody: “No.” It is now 3:49PM, and the jury is sent home so that the attorneys and the judge can discuss some issues. Robert Woody is taken off the stand. The jury is instructed to come back by 10:00AM tomorrow. The attorneys will be making some arguments at 9:30AM. Marlisa Ferreira states that she wants to ask Robert Woody if the Athwal brothers ever gave him money so that he could buy some dope. She states that the defense has tried to show that the Athwal brothers had tried to get Robert Woody off the drugs, and she wants to counter that argument. Jai Gohel argues that the prosecution introduced a tape recording that contained a section where the Athwal brothers had said they tried to get him off drugs. He states that the court has previously ruled that was unfair, and misleading. This argument will continue tomorrow morning.
Sincerely; William Thomas Jensen (Tom)