FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
ENTIRE DAY OF TESTIMONY 02/07/2019
WEEK 38, DAY 133
BY WILLIAM THOMAS JENSEN (TOM)
IT IS TIME FOR ME TO ORDER SOME MARBLES
I really do not know where to begin tonight. I must say that I have never been more convinced that Frank Carson, Baljit Athwal, and Daljit Atwal will be found innocent of all charges. Marlisa Ferreira finally gave up the ghost this afternoon, and the defense attorneys began their re-cross on Robert Woody. They only had a short time to do their work this afternoon, and Robert Woody was totally destroyed. I always knew that this trial would turn out this way. It just has taken much longer than I could have ever anticipated. I think that was the prosecution’s plan all along. They wanted to prolong the expense and misery as long as possible. They certainly succeeded in that respect. I will now try to paint for you yet another picture of what happened in the courtroom today. I think it is time for me to order some marbles to hand out sometime soon. If the prosecution had any integrity, they would ask Judge Zuniga to put an end to this fiasco, but they have no integrity that I can ascertain. From this point on, Marlisa Ferreira will just be going through the motions. Her case is lost.
We start out at 9:40AM with Judge Zuniga sounding much better. The jury is out of the courtroom, but Robert Woody is on the stand. Marlisa Ferreira approaches Woody with a transcript to read. It is brought out that Kirk Bunch is telling Woody that Baljit Athwal killed Korey Kauffman, and Daljit Atwal was there with him. Woody admits that he was told this by Kirk Bunch. Robert Woody is now taken out of the courtroom.
Judge Zuniga now starts speaking about Marlisa Ferreira’s wish to bring out testimony from Robert Woody that the Athwal brothers gave money to Robert Woody in order for him to buy drugs. Judge Zuniga states that she has gone over his testimony concerning this in the Preliminary Hearing, and she denies Marlisa Ferreira’s request. Marlisa Ferreira seems “Butt Hurt” and starts to argue, but her arguments go nowhere.
Judge Zuniga asks the attorneys if they had a chance to read the Gann case. None of the attorneys had read the case that had been cited by the judge yesterday. We now take quite some time for all the attorneys to read the case. Hans Hjertonsson states that it involves a random statement versus being a co-conspirator. At this time, Marlisa Ferreira is struggling with her computer. The issue here is that Marlisa Ferreira wants to get in some statements that were allegedly said by Frank Carson to Daljit Atwal who allegedly passed along to Robert Woody. Percy Martinez argues that these statements were obtained during a police interrogation of Robert Woody, and Woody is relaying information that had been passed along to him at an earlier time. Percy states that it is a Miranda issue, because the defense will not be able to ever question the source of the alleged statements. Hans Hjertonsson states that the defense has no time frame when these statements were made. Marlisa Ferreira makes some technical arguments concerning the case law. One of the statements has Frank Carson saying: “Fuck those fucking guys.” I could see Frank saying something like that. He is pretty upfront with what he feels about assholes. Another one of the alleged statements has Frank Carson saying: “Don’t talk to the police but give the information to the Private Investigators. Marlisa Ferreira states that the purpose of the Private Investigators was to obstruct justice. Hans Hjertonsson states that all of these questions is beyond the scope of the cross examination. The “Fuck those fucking guys statement is thrown out by Judge Zuniga. The objections to the other alleged statements are overruled. None of this amounted to anything in my opinion.
Percy Martinez now brings up a map that was shown yesterday to Robert Woody where he made some markings. It has the wrong date written on the bottom. It should have been marked 03/01/2014 but is marked 03/02/2014. It appears that this was just a mistake by Robert Woody. Judge Zuniga finds that there is sufficient foundation for this map and overrules Percy’s objection.
Marlisa Ferreira now states that she wants to re-open her direct examination of Robert Woody on two issues. The first issue is the law suits that the Athwal brothers were working on, and the second issue is Woody’s understanding of the term “Baiting.” Percy objects because her request is untimely, and reminds the court that Marlisa is on her fourth day of re-direct with Woody. Hans brings up the fact that Marlisa Ferreira had said that she would be done by Noon yesterday, and she keeps going on forever. Jai Gohel states that he is not sure if Marlisa Ferreira even brought up the lawsuits in her opening arguments. Jai Gohel warns Judge Zuniga that he will be forced to call a judge for a witness if she is allowed to re-open her direct examination. I think the judge he is speaking about was involved in the lawsuits. Judge Zuniga hates this idea. At 11:03AM, Judge Zuniga rips into Marlisa Ferreira, and tells her that her request to re-open direct would cause this case to be prolonged. She denies the request. Marlisa Ferreira is obviously very upset where she is seated. She is not a good loser for sure. At the end of this case, she is going to go nuts. Robert Woody is put on the stand. The jury is brought into the courtroom.
Marlisa Ferreira gets Woody to state that the gate to the Carson property was locked, and he states that he does not know if Daljit Atwal or Baljit Athwal had the key to the lock. Marlisa Ferreira starts asking questions to Woody concerning the statements that were argued earlier this morning. Woody states that he knew that some statements were made because the Athwal brothers told him. Woody could not remember any details of the statements. Marlisa asks Woody what Frank Carson said to Daljit Atwal after the search warrants. Woody: “Those fucking guys.” Marlisa: “What else did Frank Carson say?” Woody: “Get some cheap throw pones that can’t be traced.” Woody, after being refreshed states that he had told the investigators that Frank Carson had given them some legal advice to get the phones and that Daljit Atwal had told him to keep his mouth shut about it. Marlisa asks Woody about what Frank Carson has said about the Private Investigators. After being refreshed, Woody said: “If I had any information to give it to the Private Investigators.” Woody states that Frank Carson is closer to Baljit Athwal than Daljit Atwal because Baljit Athwal did the most talking on the phones. Woody states that the Athwal brothers would call Frank Carson “Uncle Frank.”
Woody states that he never met Frank Carson before he was represented by Frank in a court case and had never been to the back part of Frank Carson’s property near Michael Cooley’s place. Woody denies that Marlisa Ferreira ever offered him a ten-year deal. Woody does not recall if he ever went back to court after his case was dismissed. Woody remembers Percy Martinez asking him about the flyer and does not recall if Daljit or Baljit did anything after putting up the flyer in their store. Marlisa shows Woody the People’s 651 that shows the light pole on the side lot of Pop N Cork Liquors. Woody states that there is presently only a single gate but that there was a double gate in March of 2012. Woody does not recall the light pole in 2012. The defense is prepared to call a TID employee that will testify that the light pole and light were present in March of 2012. Woody states that the side lot was poorly lit. He testifies that the headlights on the pickup truck were off when they buried Korey Kauffman’s body. He states that the lights were off in the two-story apartments that overlooked the side lot, and that the dogs were not barking all the time like usual that night. Woody states that he knew one girl who lived in one of the apartments, but never spoke to her about the Korey Kauffman incident. Woody states that he knew a guy named Brooks Varner who lived next door.
Marlisa Ferreira goes into the issue of the investigators giving Woody cigarettes, and he does not recall if this violated any rules. He states that there is no rule against smoking while in custody. Woody states that he did not who bought the cigarettes that he was given to smoke. He states that he was given cigarettes a couple of times. Woody is asked why he did not tell Miranda Dykes that Daljit Atwal and Baljit Atwal were involved. He states that he was told to keep his mouth shut. Woody does not recall speaking to Baljit Athwal about the “Love Letters” concerning the wire taps. He denies ever getting a throw away phone, because Daljit Atwal told him he did not know how to speak properly on the phone. It is now time for our lunchtime break. Judge Zuniga instructs the jury to be back by 2:00PM, because some arguments must be made at 1:30PM. The jury is taken out of the courtroom, and Robert Woody is taken off the stand.
At 1:34PM, we take up the issue of the disclosure of the notes that Marlisa Ferreira claims to be her work product. She had shown Woody these notes and had instructed him to read one line yesterday while he was on the stand. Percy Martinez stated that it was apparent that Woody had read much more than just one line. Judge Zuniga disagrees that Woody read more than he was requested to read. She states that the paper is indeed Marlisa Ferreira’s work product and is not going to allow the defense attorneys to have any access to anything except the one line that Woody was allowed to read.
Marlisa Ferreira gets Woody to state that he had told the investigators that he was allowed to go to the Frank Carson property anytime he wanted, but that the gate was kept locked. Marlisa Ferreira discusses the man named Brooks Varner that Woody mentioned. She states that the defense intends on calling him as a witness, but she does not know what he is going to say on the stand. She wants to know if Robert Woody had heard any conversation between the Athwal brothers and Mr. Varner about Korey Kauffman being missing and wants to know if Robert Woody had any conversation with Mr. Varner. Judge Zuniga tells Marlisa it seems like she is trying to preclude the defense from calling him as a witness. Judge Zuniga denies Marlisa Ferreira’s request.
Marlisa Ferreira complains that she is still constantly hearing Jai Gohel making comments and sounds under his breath. She calls this: “So Improper.” She states that Jai Gohel is trying to influence the jury. She complains about Percy Martinez and Hans Hjertonsson making speaking objections. She objects to them saying: “Undue consumption of time” instead of saying “352.” She complains about one of the attorneys saying: “Is she testifying?” Jai Gohel complains that Marlisa has called 120 witnesses and has been on re-direct for five days. Jai states that the delays in this case are because of her, and that they are still in their case in chief. Jai Gohel: “This case should be over.” Percy Martinez states that we have a deadline that has been imposed by the court that this trial end by the end of March. Percy: “We have to get moving.” It is now 1:59PM, and Judge Zuniga tells the bailiff: “Go get the jury.” It is announced that we will be off next Tuesday, and Wednesday. Court will resume on Thursday next week at 9:00AM. (We have court tomorrow morning as well.) Hans Hjertonsson states that he wants to play 10 to 15 minutes of a video where Robert Woody was taken to the mountains near Mariposa where the body of Korey Kauffman was found. He states that he needs to prepare this tonight, and he wants to do this tomorrow morning. Judge Zuniga states that she has received a letter from one of the male jurors. Praveen Singh has been here since we returned from lunch waiting to testify, but his lawyer is told to come back at 3:00PM. Robert Woody is put on the stand. Marlisa Ferreira has a scowl on her face at this time.
Marlisa Ferreira gets Woody to testify that there were no police officers present at Pop N Cork when the body of Korey Kauffman was buried. He states that the store was closed, and that nobody was in the parking lot. Woody denies that any parties were held in the side lot while Korey Kauffman was buried there. Woody states that Walter Wells showed up after Korey Kauffman was buried. He states that the Athwal brothers did not allow anyone to go into the side lot while Korey Kauffman was buried there. Marlisa: “Since you began testifying, have you told the truth?” Woody: “Yes.” This is a lie, and I will give you the proof later in this article. Marlisa Ferreira tries to get Woody to state that he wrote the wrong date on the map he was given to mark. Woody did not cooperate and did not give her the answers that she wanted. Marlisa Ferreira is finally done with her marathon re-direct examination of Robert Woody.
Hans Hjertonsson takes over on re-cross examination of Robert Woody. I must say that Woody gets destroyed in a major way. Hans asks Woody about how Marlisa had asked him yesterday about the boots that Korey Kauffman had been wearing, and that he had said that Korey Kauffman was wearing work boots. Hans asks Woody if the investigators had asked him about the boots. After being refreshed, Woody has to admit that he told the investigators that Korey Kauffman was wearing Niki boots. Hans tells Woody that yesterday, he had stated that he had told the truth in his 08/14/2015 interview. Hans states that Woody said that he had told the truth about what happened in the Mariposa forest. Hans tells Woody that Marlisa had showed him a picture a couple of days ago of a boot, and he had identified the boot as being Korey Kauffman’s boot. That boot was not a Niki boot. Hans points out that Woody had told Steve Jacobson on 08/14/2015 at Pop N Cork Liquors that Korey Kauffman’s boots were: “Like black weren’t they?” Hans states that Woody then told Jacobson: “Hell, I don’t know.” Hans points out that Woody was not able to describe to Jacobson the color of Korey Kauffman’s boots. Woody admits on the stand to this. Hans points out that when Jacobson asked him if one of the boots had a screw in the sole that Woody said: “Ha Ha No No No.” Korey Kauffman’s boot had a screw holding the sole onto the boot. Hans gets Woody to admit that yesterday he told Marlisa Ferreira that he was telling the truth.
Woody does not recall if he was shown reports by the investigators. Hans asks Woody if he was allowed to read the autopsy report on Korey Kauffman. Woody does not recall if he was shown the autopsy report. He gets refreshed on this. He has to admit that he was shown the autopsy report. Woody admits that he told Steve Jacobson on 08/14/2015 that he had read the autopsy report. Woody does not recall being read police reports concerning other witnesses in this case. He gets refreshed with his testimony in the Preliminary Hearing and admits that he was shown these police reports.
Hans Hjertonsson now asks Woody about being asked about the “Ass is Grass” incident on South Johnson Street, and how he had told her he later saw Kimberly Stout walking down the street. Hans points out that Woody actually did not think that the incident happened until Kimberly Stout had told him about it. Woody could not recall this but has to admit that he had said this during the Preliminary Hearing. Hans points out to Woody that on 08/14/2015 the investigators had told him that they were told by Kimberly Stout that the incident happened. Woody has to be refreshed before admitting that this is true. Woody also has to admit that he learned about the incident from the neighbors. Woody now states that he lied about this during the Preliminary Hearing. Keep this lie in your memory folks. It turns out that it is very important. Woody also states that during the last five days of testimony he has said that he told lies sometimes and told the truth sometimes to the investigators. Woody admits that he told Marlisa Ferreira that he told the lies because he thought he would be provided an attorney by the Athwal brothers. Hans asks Woody about an interview on 07/22/2016 with Marlisa Ferreira and Steve Jacobson where they asked him why he did not say that Daljit Atwal had a gun with him on the Carson property. Woody admits that they asked him this question. Woody admits that he told them that he withheld the information about the gun, and Frank Carson being there because it would help him get legal help. Hans points out this is the same reason Woody used for telling lies in the 03/01/2014 interview.
Hans Hjertonsson reminds Woody that Marlisa Ferreira asked him questions concerning the bathroom break at the DA’s Office. Woody admits that he told Marlisa that Steve Jacobson had just told him to tell the truth. Woody states that Jacobson was the only person he spoke to in the bathroom, and when he came out, he spoke to Candy Watts. Hans asks Woody if he told Jacobson anything about being on the Carson property. Woody does not recall. Woody admits that he started making a bond with Steve Jacobson. Woody now admits that after the bathroom break, he was asked by Steve Jacobson if he had been on the Carson property when Korey Kauffman was allegedly killed. Woody admits that he told Steve Jacobson that the incident happened on the street. Woody admits that Kirk Bunch told him that the killing happened on Frank Carson’s property, and that the Athwal brothers were there. He had to be refreshed to admit this on the stand. Woody admits that he said during the interview: “Where did this happen, the store?” Woody admits that after he said this, Kirk Bunch told him it happened on the Carson property.
Woody admits that during the 03/01/2014 interview that he told the investigators that the Athwal brothers told him to keep his mouth shut. It is now 3:03PM, and we take a break.
After the break, at 3:30PM, Hans Hjertonsson tells Woody that Marlisa Ferreira had him describe where he put the body in the mountains near Mariposa. Woody has to be refreshed to remember being asked this by Marlisa. After being refreshed again, Woody admits that he told Marlisa that he put the body in a gully. Hans now shows Woody a recording on his computer where Steve Jacobson is seen showing Robert Woody exactly where the body of Korey Kauffman was found in the mountains. Marlisa Ferreira is shown this recording. Woody finally admits that he was shown where the body of Korey Kauffman was found by Steve Jacobson. Marlisa had made a big point by saying that Woody had taken the investigators to exactly where the body was found. She really does not care what she does to try to get a conviction. She seems to me to be not much better than Robert Woody. She could actually be worse, because she is in a position of power. Hans gets Woody to admit that Jacobson told Woody that the body of Korey Kauffman had been placed in a gully. Marlisa Ferreira made a big point of Robert Woody saying that the body was found in a gully before he was taken up to the mountains. Piece of crap! Hans points out that Detective Jon Evers was standing almost exactly where the body was found when Woody was asked to point out the spot where the body was left. This was all set up folks. Hans Hjertonsson has no further questions. We are looking at an “Extra Crispy” Robert Woody at this point.
Jai Gohel takes over on re-cross of Robert Woody. Jai immediately starts asking Woody questions concerning his testimonial agreement. We immediately have objections from Marlisa Ferreira, and we have a side bar. After the side bar, Jai Gohel points out the terms that Woody has to live up to in order to get his deal. The first thing he MUST do is testify completely and truthfully to everything he says while on the stand. Woody is subject to being prosecuted for perjury if he is caught telling lies while on the stand. Jai Gohel tells Woody that during the Preliminary Hearing, on 08/05/2016, Hans Hjertonsson had asked him about seeing Kimberly Stout on 10/05/2016. Jai Gohel cites the pages from the Preliminary Hearing concerning this. Jai Gohel points out that Robert Woody testified that he did not know about seeing Kimberly Stout until Kimberly Stout told him. Woody admits that this is correct. Jai Gohel states that today Woody had said under oath that he had told a lie about that during the Preliminary Hearing. Jai Gohel points out that this lie was told after Robert Woody had signed his testimonial agreement. Woody had signed his testimonial agreement on 08/03/2016 before he testified in the Preliminary Hearing. Woody has to admit on the stand that he is now subject to being prosecuted for perjury. Woody could also be in jeopardy for losing his deal completely. We all know this will never happen. This whole trial has been based on suborning perjury from Robert Woody. They want him to lie and have fed him information so that he can form his lies. Who are the criminals here folks? Woody admits on the stand that he is worried about being prosecuted for perjury.
Jai Gohel now takes Woody to his body wired statements made to Miranda Dykes. Woody has to admit that he lied about cutting up the body, and feeding it to the pigs, and pulling the teeth, and burning the hair. Jai Gohel reminds Woody that Marlisa Ferreira asked him who the “Keyholders” were, and he told her that the Athwal brothers were the keyholders. Jai Gohel asks Woody if he has read the body wire transcripts. After being refreshed, Woody has to admit that he told Miranda Dykes that he was the “Keyholder.” Woody has to admit that when Miranda Dykes asked him if he was the keyholder, he told her: “There you go.” Woody states that when he told Miranda Dykes that he was the “Keyholder,” he was telling a lie. Woody admits that he was high on meth and drunk when he was recorded by Miranda Dykes. Woody admits that he testified that he got his information concerning Korey Kauffman on the streets. He admits that he heard the phrase: “One guy went over the fence, and never came back” on the streets. He admits that he heard this from Keith Hobbs.
Jai Gohel points out to Woody that he said the reason he did not say that the Athwal brothers did it was that he was told to keep his mouth shut by the Athwal brothers. Jai Gohel points out that Woody testified in the Preliminary Hearing that the reason he did not say the Athwal brothers were involved was he was trying to romance Miranda Dykes. Jai Gohel also states that Woody testified in the Preliminary Hearing that he was trying to impress Miranda Dykes, and was drunk and high on drugs, and was dumb and stupid. I would certainly agree with that. Jai Gohel points out that Woody never said, during the Preliminary Hearing, that the reason was he was told by the Athwal brothers to keep his mouth shut.
Jai Gohel states that Woody has just testified that Steve Jacobson told him to tell the truth during the bathroom break. Jai states that Woody testified in the Preliminary Hearing that he denied any involvement in the killing of Korey Kauffman. Jai Gohel states that Robert Woody told the Private Investigators that Steve Jacobson told him: “Go ahead Robert and tell them what they want to hear.” Jai Gohel tells Woody that he has just testified that he didn’t trust his attorney Martin Baker. Woody says that this is correct. Jai points out Attorney Dale Bonner, in the courtroom who works with the same legal firm (Perry and Associates.) Woody admits that he told Steve Jacobson on 03/14/2014 that he did not know anything about the killing of Korey Kauffman. Woody says he lied about this because he did not trust his attorney. Woody admits that he told Special Agent Jefferson (polygraph) that he did not know anything about the killing of Korey Kauffman. I must note that Jefferson told the investigators that Woody was telling the truth. We are now done for the day. I will be there tomorrow morning to see the further destruction of Robert Woody.
Sincerely; William Thomas Jensen (Tom)