I decided on two titles for tonight’s short post. We wasted nearly the entire day embroiled in crap that was caused by Marlisa Ferreira. Robert Woody was asked once by Marlisa Ferreira how a certain thing made him feel, and he responded by saying it made him feel lower than a snakes belly. Marlisa Ferreira should feel lower than a snakes belly for what she did today. She is miserable, mean, and completely without integrity in my opinion. When this whole fiasco ends with not guilty verdicts, I have a feeling that she might be one of several people who are going to get “thrown under the bus” by the people who actually started this travesty of justice.
I had a doctor’s appointment this morning. I missed the last appointment with this doctor three months ago because of this trial. If I had missed today’s appointment, I am sure she would have fired me. Marty Carlson had some important things he had to attend to, and neither one of us were able to be in the courtroom for the morning session. Never mind, I heard very little got done in the morning. Judge Zuniga keeps rushing the defense to get done, and allows much of the time to be flushed down the toilet. All of this after allowing Marlisa Ferreira to take a year putting on her own Case in Chief. The defense had intended on calling Georgia DeFelippo to the stand as their first afternoon witness. Judge Zuniga decides that she is going to force the defense to call Detective Dale Lingerfeldt to the stand instead. She states that Detective Lingerfeldt has to get this done so that he can leave. Detective Lingerfeldt used to work for the Stanislaus County DA’s Office, but now works for the San Joaquin County DA’s Office. There have been unsubstantiated rumors about things that could have caused him to seek employment elsewhere.
At 2:03PM, Defense Attorney Hans Hjertonsson calls Detective Dale Lingerfeldt to the stand. He looked great today in a traditional tie and coat. Many times in the past he would wear a crazy looking bow tie while testifying on the stand. He kind of reminded me of that bald headed older guy that used to do Six Flags commercials on TV when he wore that bow tie. Perhaps he should cover up his head with a tin foil hat. He presented Marty Carlson with one during the Preliminary Hearing. He would look much better in one than Marty would. Hans Hjertonsson gets Detective Lingerfeldt to testify that he was involved with the Korey Kauffman case in 2014. Hans gets Detective Lingerfeldt to testify that he arranged for Johnny Padilla to wear a body wire and capture a recording of Michael Cooley on 01/24/2014. In that body wire, Michael Cooley said something like: “I’m still fighting my same case bro, they are trying to give me 8 years for a dime bag.” Hans Hjertonsson gets Detective Lingerfeldt to testify that he arrested Michael Cooley on 02/05/2014 for methamphetamine sales, and possession of ammunition. Detective Lingerfeldt testifies that Detective Redd of the Turlock Police Department was involved with that arrest as well. Detective Lingerfeldt states that Detective Redd had asked Michael Cooley: “You know how much time you are looking at for what you just got arrested for?” Detective Lingerfeldt then told Michael Cooley: “You are looking at 10 years.” After being refreshed with the transcripts, Detective Lingerfeldt admits that he then told Michael Cooley: “That is prison time.” Hans Hjertonsson, after a side bar, gets Detective Lingerfeldt to admit that Detective Redd then told Michael Cooley: “I have it on good authority that we could make this case go away if you cooperated with us.” The defense attorneys have no further questions.
Marlisa Ferreira then takes over on cross examination. She gets Detective Lingerfeldt to state that after the “10 Years” comment, Michael Cooley told him that he had nothing to do with the killing of Korey Kauffman. Now remember this is the same Michael Cooley who was picked up in Escalon covered in mud after “getting rid” of someone in the mountains. This is the same Michael Cooley who buried Korey Kauffman’s bike in his back yard. This is the same Michael Cooley who was the last person to see Korey Kauffman alive. This is the same Michael Cooley who was owed around $10,000.00 by Korey Kauffman. We are now done with Detective Dale Lingerfeldt. He is allowed to step down from the stand, and Marlisa Ferreira reserves the right to call him back at a later time.
It is now 2:28PM, and Percy Martinez calls Georgia DeFelippo to the stand. We immediately have a side bar that is called by Judge Zuniga. Judge Zuniga sends the jury down to the basement, anticipating a long battle. Judge Zuniga tells Georgia DeFelippo that she had discharged her from her murder charges, and she has been called to testify. Judge Zuniga tells Georgia DeFelippo that she might wind up incriminating herself with her testimony. She tells Georgia DeFelippo that Marlisa Ferreira has indicated that she might then be able to re-file charges against her. Judge Zuniga states that she does not know what questions are going to be asked to her. She tells Georgia DeFelippo that it her decision to call an attorney to represent her in the courtroom. Judge Zuniga now states that she is going to require that Georgia DeFelippo have an attorney with her. She has Georgia DeFelippo step down from the stand, and leave the courtroom.
At 3:08PM, the jury is brought back up to the courtroom. Judge Zuniga tells them that because we were unexpectedly off for the last two weeks, we are off schedule with this trial. She tells the jury that she will provide them all with letters to be given to their employers. She states that next week on Tuesday and Wednesday we will deal with the jury instructions. She now sends the jury home until 9:30AM on May 30th. After the jury is out of the courtroom, Judge Zuniga states that the defendants do not need to be in the courtroom for the jury instructions. She states that she will be ruling on the lesser charges on either Tuesday or Wednesday. Judge Zuniga instructs Georgia DeFelippo to be in the courtroom with her attorney at 9:30AM on Tuesday. It really seems obvious to me that Judge Zuniga had prior knowledge of this situation. In my mind, that is why she forced Detective Dale Lingerfeldt to testify out of order. Just when I thought Marlisa Ferreira could not get any more wicked, she shows me that she has more wickedness left in her tank. When she eventually becomes the scapegoat, and gets thrown under the bus by her boss, it will be her bad karma coming back at her.
Just a quick note , the morning session was done in camera in the courtroom.
A juror had reported to the judge having some type of contact with Turlock police dept last night due to a incident that occurred at or near the jurors residence. A witness in the Carson case, Detective Frank Navarro, was involved in the investigation doing interviews.
The activity was not caused by the jurors actions, just remotely involved in some way as a witness. The judge did an extensive questioning of the juror and unknown to me at this time and impact on this case.
Nothing else was done this morning.
Tom was in court this afternoon and his report will be up when I receive it.
I was only able to attend the morning session today because of an important board meeting I need to attend this evening. Today, I witnesses a very desperate Marlisa Ferreira trying to find a way to discredit the work of world renowned false confession expert Dr. Richard Leo. She failed miserably, and Dr. Leo was able to defend his work while withstanding her tyrannical cross examination.
We start out this morning at 9:48AM with Marlisa Ferreira asking Dr. Leo about his Doctoral Dissertation. Dr. Leo testifies that he has witnessed around 122 interrogations that were part of his research that went into his dissertation. Dr. Leo states that all of these interrogations involved criminal investigations and is unsure of the exact number that involved homicides. Dr. Leo states that the title of his Doctoral Dissertation is Police Interrogation Techniques in the 20th Century. Marlisa Ferreira asks Dr. Leo to answer yes or no if these techniques have changed over the years. Dr. Leo states that he can’t answer the question yes or no. Marlisa Ferreira asks Dr. Leo if police interrogation techniques are often taught in college. Dr. Leo: “No.” Dr. Leo states that it is atypical for a college to offer such a course. Dr. Leo testifies that the interrogations that he witnessed in Hayward and Vallejo were all from recordings of the interrogations. He states that all of the interrogations that he witnessed in Oakland were not recorded, and he witnessed them personally. Marlisa Ferreira talks about police conduct during the interviews that Dr. Leo had witnessed that could have gotten the officers fired. She tells Dr. Leo that the police officers had become habituated by his presence and had shared with him conduct of co-workers that was questionable. Marlisa Ferreira is getting all of this from the pages of Dr. Leo’s dissertation. She tells Dr. Leo that he had written that some of the investigators had shared with him details of their own discretions. Marlisa Ferreira: “Did you publicly reveal these discretions to their superiors?” Dr. Leo: “No.” Dr. Leo testifies that he had orally promised the officers that he would maintain their confidentiality. Marlisa Ferreira digs up a line from Dr. Leo’s Doctoral Dissertation where he mentioned about a detective that had worked on a sexual assault case who had been demoted. Dr. Leo could not recall this from his dissertation. We now have a side bar.
After the side bar, Marlisa Ferreira tells Dr. Leo that he had written in his dissertation that most of the sexual assault detectives working that case had been demoted or disciplined. Dr. Leo states that he does not know exactly how many detectives were affected. Marlisa Ferreira asks Dr. Leo if he answered the telephone calls for the Criminal Investigative Department (CID.) Dr. Leo testifies that he took messages for the detectives. Marlisa Ferreira talks about how a rooky patrolman had been placed on unpaid administrative leave. Dr. Leo states that he does not remember writing about that in his dissertation. Marlisa Ferreira speaks about how Dr. Leo had written about a preliminary hearing that had been held concurrently with the trial in a certain case. Dr. Leo does not remember writing that in his dissertation. Dr. Leo tells Marlisa Ferreira that she is misstating what he had said.
Marlisa Ferreira tells Dr. Leo that the other day he had talked about Social Psychology being a branch of Psychology. She asks Dr. Leo if a Social Psychologist is still bound by the same code of ethics that a regular Psychologist is bound to. Dr. Leo: “Yes.” We now have a side bar. It is obvious that this is going to be an extended argument, and the jury is initially sent to sit by the elevators at 10:25AM. Marlisa Ferreira asks Dr. Leo when he had joined the American Psychological Association. Dr. Leo states that he joined the organization in 1998, and been a member of the association between 2017 and 2019. He states that there is no proof of educational qualifications required to join the organization. He states that he joined the organization because he wanted to attend their conferences. Marlisa Ferreira: “Do you agree that the Ethical Code of Conduct applies to you?” Dr. Leo: “No.” Judge Zuniga asks Dr. Leo why the code does not apply to him. Judge Zuniga: “As a member doesn’t the code apply to you?” Dr. Leo: “Yes.” Judge Zuniga: “Does the code apply to you in all circumstances?” Dr. Leo: “My recollection is that the code is very broad, and something about not applying in all situations.” Judge Zuniga: “Under what circumstances does the code apply to you?” Dr. Leo: “I can’t answer that question.”
Defense Attorney Hans Hjertonsson has Dr. Leo read from a section of the code. Hans: “What is your understanding of this section?” Dr. Leo states that the code applies to psychologists that administer tests. Dr. Leo states that the code applies only after a psychologist has conducted examinations. Hans Hjertonsson: “Have you provided opinions about Robert Woody?” Dr. Leo: “No.” Dr. Leo states that he does not use techniques or instruments in his work.
Marlisa Ferreira takes over and tells Dr. Leo that the code states that it applies to psychologist in educational and professional roles. She mentions a long list that includes clinical practice, research, social intervention, and forensic activities. Dr. Leo agrees that he does research. Marlisa Ferreira: “Show me anywhere in the code where it says “Clinical.” Dr. Leo states that the word “Clinical” is not literally stated in the code. Hans Hjertonsson asks Dr. Leo if the code mentions “Clinical Opinions.” Dr. Leo: “Yes.”
It is now 10:40AM, and Judge Zuniga has Dr. Leo step out of the courtroom. She instructs the bailiff to tell the jury to go downstairs to the basement to wait till they are called back up to the courtroom. Marlisa Ferreira argues that Dr. Leo said that he was involved in research, and forensic activities. She states that none of his work is therapeutic or clinical in nature. Judge Zuniga: “What point are you trying to make mam?” Marlisa Ferreira: “He should have examined Robert Woody. She states that because he did not do so this is unethical. She states that Dr. Leo doesn’t deal with the effect of interrogation on Robert Woody. She tells Judge Zuniga that she wants to tell the jury: “Look people, he doesn’t even follow his own conduct guidelines.”
Hans Hjertonsson takes over. He agrees with the preamble in the code. Hans cites pages 7 to 14. Hans states that the code states that it is not applicable to clinical evaluation. Hans states that Dr. Leo is not providing psychological characteristics of Robert Woody because he is not a Clinical Psychologist. Hans Hjertonsson states that Dr. Leo is not providing a clinical assessment of Robert Woody. Marlisa Ferreira tries to interrupt Hans Hjertonsson. Judge Zuniga yells at her: “STOP, WE ARE DONE WITH THIS.” I was watching Marlisa Ferreira. She looked like she was going to explode. Judge Zuniga asks Marlisa Ferreira where she got this code. Marlisa Ferreira: “Off the internet.” It is now 10:55AM, and Judge Zuniga tells everyone that we need to take an extended break.
It is now 11:21AM, and Judge Zuniga makes her ruling on this issue. Judge Zuniga: “Ms. Ferreira, what this code says does not apply just to clinicians.” Judge Zuniga: “It applies to research, therapy, and it applied to Dr. Leo when he was doing his study for his Doctoral Dissertation.” Judge Zuniga: “What Dr. Leo did here I disagree with you where you said he did an evaluation of Robert Woody.” Judge Zuniga: “You get tunnel vision.” Judge Zuniga: “He did not do an evaluation of Robert Woody.” Judge Zuniga sustains the objection that was made by Hans Hjertonsson. I could see Marlisa Ferreira slump in her chair.
It is now 11:25AM, and the jury is ushered into the courtroom. Marlisa Ferreira has a glum face as the jury enters past her to take their seats. Dr. Leo takes the stand. Marlisa Ferreira tells Dr. Leo that he had earlier testified that he did not inform the superiors of the detectives about the indiscretions because he had orally committed to them that he would protect their confidentiality. Dr. Leo admits that he had said this on the stand. Marlisa Ferreira: “So later on you actually published this.” This was objected to, and the objection is sustained. Dr. Leo testifies that the Doctoral Dissertation had been archived by the University of Michigan, and was not actually published like a book would be published. Marlisa Ferreira tries to tell Dr. Leo that the Doctoral Dissertation is available for $40.00 online. Dr. Leo tells Marlisa Ferreira that the book was not available for sale when he wrote the book decades ago. Marlisa Ferreira asks Dr. Leo about being on a background research committee for the City of Long Beach. Dr. Leo agrees he was on that committee. Marlisa Ferreira tells Dr. Leo that he had been issued a letter by the Chief of Police requesting him that he resign from the committee because he had a conflict of interest. Dr. Leo states the reason for this letter is that the Chief of Police had found out that he had worked for the defense in a case. Marlisa Ferreira finally gives up the ghost and has no further questions.
Defense Attorney Hans Hjertonsson takes over. He tells Dr. Leo that he had just said that it was the Chief of Police’s opinion that he had a conflict of interest. Hans: “What is your opinion?” Dr. Leo: “I had no conflict of interest.” Dr. Leo testifies that he wrote a letter to the Chief of Police and explained why he disagreed with him. He states that the committee was all about policy and was not about specific cases. Hans Hjertonsson: “Did you testify for the defense?” Dr. Leo: “Yes.” Dr. Leo testifies that the DA in Long Beach had written a letter to the Chief of Police about Dr. Leo, and he had seen the letter. Hans: “What did the letter say?” Objection, sustained. Hans: “You disagreed with the assertion that you had a conflict of interest?” Dr. Leo: “Yes.” Dr. Leo testifies that he worked for three years on this committee. Dr. Leo testifies that he did not mention any names in his Doctoral Dissertation about the officers in Oakland that he felt had committed indiscretions. Hans: “Marlisa Ferreira had stated that Robert Woody had an attorney present for his interrogation?” Dr. Leo: “Yes.” Hans starts questioning the competency of Robert Woody’s attorney Martin Baker. Hans states that Marlisa Ferreira had mentioned about Bruce Perry, who was Robert Woody’s other attorney. Hans goes into how Robert Woody had denied any involvement in the killing of Korey Kauffman and had Martin Baker with him during the interrogation. Hans brings out how Martin Baker was present on the next interrogation, and how Martin Baker had watched another interrogation through a one-way window in an adjoining room. Hans points out how Robert Woody had denied any involvement until 08/14/2015. Hans states that on this date, Dr. Leo had determined that the investigators were being accusatory and were using interrogation techniques to get Robert Woody to change his story. Hans Hjertonsson brings out how Martin Baker had made statements to CHP Officer Domby about being happy that he was not going to be forced to endure a lengthy trial, and that CHP Officer Domby had told Martin Baker that: “You have been great.” It is my opinion that Martin Baker was not acting in the best interest of Robert Woody, and simply wanted to be done with everything. It seems to me like he was willing to do anything to make his involvement in this case go away. It is my opinion that Marin Baker is a terrible lawyer. I will let my readers decide on their own about this issue. Hans gets Dr. Leo to agree that Marlisa Ferreira had asked him if Robert Woody’s interrogation had been recorded. Hans brings up the infamous bathroom break. Hans points out that before the bathroom break, Kirk Bunch had stated that they were not going to discuss the case while on the break. Hans points out that 20 minutes later, Kirk Bunch states that Robert Woody had made a statement during his bathroom break. Hans Hjertonsson: “Was the bathroom break recorded?” Dr. Leo: “No.”
Hans Hjertonsson now gets Dr. Leo to admit that he has received a career achievement award for early career achievement from the American Psychological Association. Hans now goes into an article that was written in a publication called the Death Penalty Focus. Dr. Leo had said something about police not intentionally causing false confessions, but how they get invested in the case and blind themselves to what they are doing. Dr. Leo agrees that in some cases he disagrees with that. Dr. Leo states that he has worked on up to 10,000 cases where he reviewed recorded interrogations. Dr. Leo speaks about something called illusionary corroboration that is something that is corroborated by something that is not true or real. Marlisa Ferreira has made a big point in saying Robert Woody’s statements have been corroborated by the testimony of other witnesses. When you look at the credibility of these witnesses, they do not seem to be credible at all to me. Liars, drug addicts, murderers, and thieves. That is what the prosecution’s case is all about. It is now 11:55AM, and the judge sends the jury out for our lunchtime break. She instructs the jury to be back at 2:00PM. I will be in the courtroom tomorrow afternoon to report on what I see and hear.
Good evening, everybody. This is Marty from DAWG’s blog with tonight’s podcast on the Frank Carson et al. Trial. Today is Thursday, May 16, 2019.
The jury was scheduled to come back at 2:00 PM so the Judge could talk to attorneys. She was on the bench at 1:35 PM. They were talking about Hans Hjertonsson’s question about the Tuit (?) case that Dr. Leo had testified in, for I believe the prosecution, at one point down in San Diego. It was a case that was first a conviction and then appealed. He was hired by somebody that was a defendant at one time who was exonerated through evidence or something (I don’t know). Then he testified for the Attorney General who had taken over the case and they ended up with an acquittal. Marlisa Ferreira doesn’t want them going into that even though she asked questions about that case. Hans Hjertonsson stated that Judge Zuniga said she researched this case and wants to know what Hans is going to do with the information that they are talking about here. Hans Hjertonsson said Marlisa Ferreira asked who he was hired by in her line of questioning and there was an article in regards to that, that Marlisa Ferreira asked if he had testified for the prosecution. There was this article they had been talking about that was done about an article about him, so they are running the two together when she was asking about it because he said he testified for the prosecution once. Marlisa Ferreira asked him about the article and if he had testified for the prosecution in the past, it was the Attorney General or the military. He wasn’t clear on it, it had been awhile. Hans Hjertonsson wanted to ask some more questions in that line. Originally, Dr. Leo had been hired by the brother of the victim, because he had been accused of the crime and there was a false confession of some sort that happened or suspected to have happened. Eventually, there was a conviction. Truitt (?) was convicted, it came back for retrial on appeal and he testified for the Attorney General’s office in the retrial and Truitt (?) was aquitted. Hans Hjertonsson said the result of Marlisa Ferreira asking that was to lead the jury to a specific belief that he was not effective or did not give good information. He says this was not brought up in direct examination and Marlisa Ferreira brought it up and it is fair game. Marlisa Ferreira agreed there is some relevancy in this, but that Dr. Leo testified for the Attorney General, but it goes to that fact he was initially hired by the defense and there was a confession by a defendant that was eventually exonerated and it is just not relevant. Hans Hjertonsson asked why Marlisa Ferreira ask the outcome of the case if it not relevant. She asked what was the end result? Dr. Leo also testified in the civil case and again, Hans Hjertonsson is asking, why did Marlisa Ferreira ask the question about the civil case.
Percy Martinez made an argument. The Judge didn’t want him to, she said this is Hans Hjertonsson’s argument. Percy Martinez said, No, Your Honor, it goes to all the defendants. Robert Woody’s confession, the things he said. It is misleading the jury when Dr. Leo was hired by the defense originally and false confession were determined. It is relevant and misleading to the jury. There is a picture being painted for the jury that is misleading.
Judge Zuniga said it is relevant of the acquittal, but also that he testified for the Attorney General’s office, but the all the rest of it is not relevant, she says. I’m not really understanding why this is an issue, because it was questioned by Marlisa Ferreira.
Hans Hjertonsson said he’d like to make a record. Judge Zuniga told him No. She said you already have an appealable issue, there is no reason to say anything now. That surprised me, because she likes to let the attorneys make their record and she denied him.
The next issue was the question that Marlisa Ferreira had asked, if there was a vacated conviction by the DA’s office, does that indicate a false confession and Dr. Leo said not necessarily a false confession. There was an objection on it and much discussion about it.
Jai Gohel argued that Marlisa Ferreira had asked Dr. Leo about Robert Woody’s statements in the body wire and those were things that were held back by law enforcement officers. So they were talking about the holdbacks and the information that Robert Woody had; like laying the body on top of the ground. Robert Woody did say what he said on the recording was the information that he heard from the streets.
Judge Zuniga again said that Dr. Leo is here because he’s an expert in police tactics in the interrogations. That’s all he can talk about. The defense is arguing that Marlisa Ferreira was allowed to go into many areas and the Judge is limiting the defense to just one area.
Jai Gohel also argued that Marlisa Ferreira has attacked Dr. Leo’s credibility and the defense is allowed at the rehab their witness. There was some conversation about a question that was asked and Judge Zuniga drew a total blank. She said she can’t remember if a question was asked and it was just today in court. I don’t know what she was talking about. She was totally confused and she looked disoriented. She took a lot of time looking at the record and it was very confusing for several minutes. Evidently, Jai Gohel had made an objection to it but she couldn’t remember what it was.
Also Jai Gohel said that that they want to be able to rehab Dr. Leo with notable cases. He’s been highly sought by TV shows, An Innocent Man, Making of a Murderer. There’s hundreds of other things that he’s been involved with, the media interviews and shows some of the crime shows on TV.
Judge Zuniga said trying to rehab Dr. Leo with some of these other cases, these high-profile things and all the work that is done is fair game, but this article that was written about him-it wasn’t written by him, it was about him-so she said that is not relevant.
Marlisa Ferreira argued the article that quotes him, says that Dr. Leo agreed that law enforcement officers do not deliberately try to get false confessions. He feels that they just get tunnel vision and they just keep moving to get certain answers, they’ve made up their minds, they feel they know what they know and are trying to get answers. He doesn’t feel that they deliberately try to get false confessions and she also said the Dr. Leo had agreed with that quote that was in the article. Marlisa Ferreira said she did not go into the other media cases in the other high-profile stuff. She says for the defense to go into that now, there’s no foundation, it’s outside the scope for them to go into any other cases.
Judge Zuniga then took the article and read it. Marlisa Ferreira kept talking while the Judge was reading the article and the Judge didn’t hear a thing she said. Marlisa Ferreira was saying that the article is hearsay and Dr. Leo’s only makes a couple of statements that are attributed to him in the article.
Jai Gohel argued that many of the other cases and organizations that he’s been involved in, will rehab him. It’s up for the jury to decide his credibility, not for anybody else. He also said Dr. Leo has been nominated for many awards on this subject and he was even nominated, I believe he said, was for on honorary Pulitzer. I forget exactly what he said. It had something to do with that case called the Northwind 4 case.
Marlisa Ferreira says that it does not give him credibility or relevancy in this case, just because he’s a TV star. There’s no law, she said, that TV gives him credibility. Jai Gohel said Marlisa Ferreira had asked him for his resume, his CV and all the information on his CV past work, so he said she gave it relevancy.
Marlisa Ferreira started in on one of her patented rants and the Judge did cut her off. The jury is still sitting downstairs. Judge Zuniga said she read the article and comments by someone else in the article and any other casework, she says the objection by the prosecution was sustained, as this is hearsay. The defense can go into his qualifications, awards, and his expertise. The information in the article the Marlisa Ferreira brought up, she is saying that the defense can’t go into any more, but they can go in and talk about his of his qualifications, his records and his expertise.
Hans Hjertonsson says that this stuff gives some of the foundation, he wants to go back to this article because this is a case where a conviction occurred and his testing work gives him foundation for what was talked about in that Tuit (?) case. Judge Zuniga said that Dr. Leo’s credibility has been undermined and is an issue at this point. There must be some foundation is what he is saying. All of his other work is very broad. The defense is to decide if they want to take this path and will delay proceedings. They will need to have a 402 hearing if they go into some this good stuff that Dr. Leo has done the past. So all the defense attorneys went into the side room and talked for a few minutes. They came back out and said we want a 402 hearing. It was scheduled for May 30, 2019. Dr. Leo will have to come back and testify in the 402 hearing. The next day on the 31st is the only day that week we will have a jury and testify for the jury if he’s allowed to continue on. Judge gave briefs, dates and stuff like that to be turned in. Dr. Leo was then ordered back on the 30th at that time.
Marlisa Ferreira then stated that Dr. Leo was taking a lot of notes while he was on the stand, writing things down and she wants all those notes turned over. She said there was also a note that was handed to Daljit Athwal to give Attorney Hans when Dr. Leo stepped outside. So the Judge told told him to turn over all the notes. They didn’t tell him to do that with Jim Cook, but okay.
At that point we did take a break for a few minutes. The jury was called up at 3:07 PM. They haven’t been in the courtroom yet this afternoon. At this time Sharee Hendrix, the Mariposa County deputy, that recovered the remains of Korey Kauffman was called to the stand. Percy Martinez began direct examination. They talked about locating the remains on August 19, 2013. She had contacted Stanislaus County Sheriff’s Office on August 22, 2013. She wrote a report and documented all statements made and evidence found. She talked to Cory Brown on 8-22-13, she did write down what he told her. She talked to him at 12:30 in the afternoon and Cory Brown said he was doing the investigation. He referred to her report on p. 3, it said Cory Brown had given her some information, it said his investigation showed that Korey Kauffman was a victim of foul play. Cory Brown told Sharee Hendrix that Korey Kauffman was in the Mariposa area at the time he went missing. (that is an important point that had been glossed over in the past). They placed Korey Kauffman cell phone in the Mariposa area at the time he disappeared. His phone pinged in Mariposa county in March of 2012. Percy Martinez had no further questions.
Hans Hjertonsson asked Sharee Hendrix to confirm that Cory Brown said specifically that Korey Kauffman’s device was in Mariposa County. She said yes.
Marlisa Ferreira went on cross exam. She asked her if Cory Brown had showed her any phone records or CDRs? He never did. Did she ever review any cell phone information? No she didn’t. Did Cory Brown say “Korey Kauffman” or did he say “him”/”he”. In the reports she wrote down it was Korey Kauffman was in the area. No further questions by anyone involved.
Kevin Pickett was called to the stand. Percy Martinez began direct. Percy Martinez asked him if he had testified he had prepared flyers when Korey Kauffman went missing? He showed him a stack of flyers and he looked through them. He said he recognized a couple of flyers that he and his family had done. He had his daughter’s phone number on it. He said he did not make all of the flyers, there were other family members that lived outside of the house that made some also. He only handed out his flyers and nobody else’s. He did put flyers out and information on the flyer that Korey Kauffman went missing 3/29/12. Percy Martinez asked him is that date accurate? He said yes, that is accurate, that is the last time I saw him. No further questions.
Hans Hjertonsson went to direct examination of Kevin Pickett. Kevin Pickett said he saw six different flyers, but they all had the same picture and was a picture Pickett’s girlfriend had taken and Korey Kauffman had a bandage on his hand. He asked Pickett, when Korey Kauffman went missing was his hand still bandaged? He said yes it was, it was only a few weeks before that when it happened.
Marlisa Ferreira went to cross examination. She asked him when Korey Kauffman had injured his hand? He said it was 2-3 weeks prior to him going missing. She asked if it was prior to Christmas when he hurt his hand? He thought about it hard and said, no I think it was just a few weeks prior to him going missing. His hand was repaired at Emanuel Hospital when it was injured. The last time he saw Korey Kauffman he was riding his bike and his hand was starting to heal a bit, but it was a serious injury, almost cut his hand completely off, but it was starting to heal.
She asked him if he reported to the Sheriff’s Office the missing person report that said Korey was gone on 3/30/12? He said no, the last time I saw Korey Kauffman was 3/29/12. She asked him did you tell the Sheriff’s Office that he was gone on the 30th, it has been 6 years now, maybe you just don’t remember? He also noted he made the flyers after the Sheriff’s Office report, originally there was also a Turlock PD officer that came to the house at the same time, but it was a Sheriff’s Office jurisdiction. He said he did talk to Kirk Bunch on the phone. Again, the defense was objecting, because she’s going to all these other areas. There was a sidebar. After the sidebar Pickett said after he talked to the Sheriff’s Office, he talked to Kirk Bunch and he told Kirk Bunch it was the 29th. With all the objections and everything going on. Kevin Pickett was getting frustrated on the stand. He just wants to tell his story, that’s all he wants to do. She kept trying to get him to say the 30th. Finally at one point, out of frustration because everytime he said something there were objections or she said non-responsive, he said how many times do I have to tell you guys, he disappeared on the 29th. Of course that was stricken from the record. But he is adamant about Korey Kauffman disappearing on the 29th.
No further questions by anyone. Kevin Pickett was taken off the stand and he left the room grumbling. He is just frustrated about no one believing him that it was the 29th. He has contacted me through FB and some messages on my site, but I told him I can’t talk about it now, but when this is over he can have is say and it will be unedited.
Dr. Baik was called to the stand. He is the Stanislaus County Coroner and he’s here to continue his testimony. Marlisa Ferreira was on cross examination. She asked him if he is able to determine a cause of death? He wasn’t. To determine a cause of death there has to be something to work with. It could be a suicide, a homicide, it could be more things. He needs more information and it wasn’t available in this case. Without an autopsy he can’t make a determination and having some history on the case does help. He is unable to determine some types of deaths without some history. He received the clothes that were with the remains: the jacket, t shirt with logo, blue jeans and brown boots. He said he had looked for holes in the shirt and jacket and was not able to determine if there were holes or not. He had some long bones.
She asked him if the body would decompose more if is laying on top of the ground? He said yes it would. She asked him about any smells or odors that would come off a body. If a body was wrapped in a tarp and buried in the ground, would there be odors? He said well, the tarp could trap odors, but he didn’t say would. She said if the body was contained and rolled up a tarp, the tarp would act as a barrier to odors being released? He said it can. She asked if rain and snow could accelerate decomposition if the body is out exposed to the elements? Decomp after a heart stops beating, starts within 8 hours.
He is familiar with gunshot wounds and he calls a 32 caliber a medium sized caliber. A 22 caliber is a small caliber. He says a 22 caliber leaves small holes and doesn’t bleed much. Sometimes they close up and you have a hard time finding the holes. The bullet can bounce around in a body until it hits a bone or something, the bones of Korey Kauffman had no marks except a broken rib, but that showed no signs of a bullet striking it. He said a 32 caliber bullet will also leave a small hole, so at times it can be difficult to see the entry wound. He did no testing for gunshot residue.
He talked about when the heart stops. She asked when the fingers were cut off would there be a lot of bleeding? He said there may be bleeding, but not a lot. Robert Woody said there was a lot of bleeding.
He did examine the remains. He had the skull, the mandible, the pelvis, the femur, the fibula, but there were no fingers that were with the remains.
No further questions by Marlisa Ferreira. The defense has more questions and he’ll be back tomorrow. Apparently, they have more witnesses lined up for tomorrow. Tomorrow afternoon they are going to make a determination of an end date on this trial. The defense is going through their witnesses quickly. That’s all I’ve got for today.
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Walter Wells is coming in tomorrow morning. I think that is what the Judge said, I haven’t confirmed. She has the jury coming in at 10AM, because I think she said Walter Wells is coming in tomorrow.
A couple people in court today. No noon report tomorrow, there is no one to cover the morning session tomorrow. Tom and I have appointments in the morning. I’ll try to be there in the afternoon. Like I always say: Don’t take my word for it, come to court and find out for yourself. Good night everybody.