Good evening everybody. This is Marty from DAWG’s blog with tonight’s podcast on Thursday, June 6, 2019 on the Frank Carson et al. Trial. Well, guess what? I’ve got big news for you today. I’m going to save it for the end, just to irritate you people.
The afternoon session started at 1:30PM. The Judge had said there was a STD (subpoena duces tecum) for records. It was done for Korey Kauffman’s medical records on the injury he received to his hand. I’m not sure why it was brought up. I believe Marlisa Ferreira did the requesting of the records, but it was never admitted into the court.
The jury was up 1:40PM. Robert Lee Woody, Jr. (Woodrow Woody) was on the stand. I’m going to refer to Woodrow Woody as “Jr” and Robert Woody as “Sr.” No disrespect intended, I’m just trying to keep clear who we are talking about. Marlisa Ferreira started direct with Woodrow Woody, Jr. Woodrow Woody, Jr. lived in the house, in 2012, with his Dad, Beverly Woody (grandmother) and Robin Attenhoffer was living there. They had talked about the missing person namely Korey Kauffman. He wasn’t strong on dates, but he said it was real close, maybe a week later the first time they talked about it after Korey Kauffman went missing. Robin Attenhoffer is the one that initiated the conversation.
This led to a long discussion. Marlisa Ferreira is saying this is an “adopted admission” by Robert Woody, Sr. because of the things that were being said, they are claiming it happened on the property and Robert Woody, Sr. was just acknowledging, standing there with a sad look on his face. So Marlisa Ferreira took that as an adopted admission. It led to a long argument this afternoon.
The Jury was out the door and downstairs at 1:46PM. They lasted 6 minutes while they sorted this out. Marlisa Ferreira was trying to get in an adopted admission of Robert Woody, Sr, but it is Robin Attenhofer who is doing the talking.
Robert Woody, Sr. was in the bedroom with Robin Attenhofer at 2 AM in the morning one day. Woodrow Woody, Jr. was sitting on the bed talking and Robin Atenhofer was giving the details of what happened on the Carson property and saying she was present when the incident occurred. He said that Robert Woody, Sr was ghost white as Robin Attenhofer as something had happened on the property and they weren’t specific at first. Robert Woody, Sr. was nodding his head up and down and Robin Attenhoffer said people had jumped the fence. There were three people who went over the fence and only two people that came back. She said Daljit Athwal and Baljit Athwal were both there when those people went over the fence. Robert Woody, Sr. said he was there when all this happened. There was a beat down that occurred. Robert Woody, Sr. said nothing during this time. Robin Attenhofer said they were walking out the gate during the beating and heard a gunshot. They then left. Unknown what happened to the person who got shot. Woodrow Woody, Jr. said he did not want to hear anymore and went to his room and went to bed. Woodrow Woody, Jr. said he looked at his Dad, Robert Woody, Sr. with disgust and said that look was returned back at him. Nothing else was said that night. When Robert Woody, Sr. was taken into custody.
They got a little confused. He’s not strong on his dates. He is a very articulate young man, but he’s unsure of his dates. He said the second conversation they had with his Dad, happened prior to the search warrant at the residence and at Pop and Cork in 2012. Robert Woody, Sr. said it happened at the Frank Carson house. He didn’t recall anything else. The victim was stealing antique cars off the property. They were collector cars. He said he was never told what happened to the body, but Marlisa Ferreira had him refresh with a transcript. He said, Oh yeah, Woodrow Woody, Jr. had told Kirk Bunch that Robert Woody Sr. said they disposed of the body. The body was buried in Yosemite. Nothing else was said at that time. He also said that Bobby had disposed of the body up at Yosemite. The rains came and the body washed out. They should have hid it better is what he told Kirk Bunch. Marlisa Ferreira had no further questions.
Percy Martinez started cross examination of Woodrow Woody, Jr. They were talking about the body being moved and Robin Atenhofer was present when this happened. She had said it at times and some of this story was oddly familiar with the previous story that was fed Robert Woody, Sr. by Beverly Woody at one time. There were some similarities in it, but it is totally different than what Robert Woody, Sr. testified to. But Percy Martinez did confirm with him that Robin Atenhofer had said she was present at the scene.
Attorney Hans went on cross examination of Woodrow Woody, Jr. He asked him there was a beat down, they saw a beat down, Robin Atenhofer and Robert Woody Sr were leaving and heard a gunshot? They did not say exactly who was on the property. It was about one month later when Woodrow Woody, Jr. was told it was the Frank Carson property when this all happened, but he’s not sure exactly when he was told that. Woodrow Woody, Jr. said it was prior to Robert Woody, Sr. being taken into custody.
Jai Gohel went on cross examination of Woodrow Woody, Jr. He confirmed the first conversation was about one week after Korey Kauffman went missing. Robin Attenhofer said it was at the property, but didn’t say whose property. The second conversation was in regards to the body being taken to Yosemite after they left the property and that conversation occurred within 30 days of the missing person. Apparently, the body was washed out by rain in Yosemite and he made it sound like they buried it and then was washed out by the rains.
Marlisa Ferreira went on redirect with Woodrow Woody, Jr. His father said they used Baljit Athwal’s truck on the Yosemite trip. Bobby Athwal had disposed of the body.
Attorney Hans went on re-cross. Woodrow Woody, Jr. said nothing was said in regards to Mariposa, they said Yosemite.
Woodrow Woody, Jr. was sent off the stand because there was some issues brought up. Marlisa Ferreira is talking about “adopted admission” and this took quite a bit of time to figure it out. The jury was out. This was a mini-402 hearing with Woodrow Woody, Jr. Marlisa Ferreira was saying everything came from Robert Woody, Sr, despite Robin Atenhofer doing the talking. She said it is an adoptive admission. Woodrow Woody, Jr. was right there sitting on the bed with Atenhofer and Dad. She said Robert Woody Sr. acknowledged what was being said through Robin Attenhofer. She said an acknowledgment through words or conduct that makes it an adoptive statement. He was confirming the statements with his actions.
Attorney Hans said there are some differences and it is vague who made what statements and who, what, when, where, how.
Jai Gohel said it is not a consistent statement and goes to a different version of events.
Marlisa Ferreira argued it is an adoptive admission. It is a hearsay exception. Remember, hearsay is you can’t say you heard this person tell this person something in court, unless it falls into one of those exceptions to that under the law. There are exceptions and she saying this is one of those exceptions. She says the law has allowed these statements as reliable as Robert Woody, Sr. had said it. She also said the time period was reliable, as it was only one week after.
Jai Gohel argued statement apply to defendants and it not as Marlisa Ferreira described. It doesn’t apply because he’s not a party to this litigation.
Judge Zuniga confirmed he was not a party to the case, by law it does not fit under the adoptive exceptions.
Marlisa Ferreira said it is not hearsay, it is impeachment.
Judge Zuniga was looking up the sections of the hearsay exceptions. She said that Marlisa Ferreira seemed to be missing one step of the hearsay exception, from Robin Atenhoffer up, because this is information that supposedly came from Robert Woody Sr, but Robin Atenhofer is giving the information.
Marlisa Ferreira is saying it is an adoptive admission and the Judge is saying it is not an exception they way she is describing it.
Marlisa Ferreira is saying it does fit into the exception because Robert Woody Sr was acknowledging the events and people as they happened.
Judge Zuniga wanted to research case law. These are statements coming from Robin Attenhofer, not Robert Woody Sr and so she wants to look into it.
We took a break.
When we came back, Judge Zuniga says Marlisa Ferreira’s analysis is flawed, because Robin Attenhofer for one thing is now deceased and Robert Woody, Sr is not a party to this litigation going on in this case. We can’t get through the extra layer of hearsay that Marlisa Ferreira is trying to do. The first conversation is unclear, what is Robert Woody Sr. saying or doing and Woodrow Woody, Jr has been brought into clarify the information. She can ask Woodrow Woody, Jr when the first conversation and what Robert Woody Sr said, actually talking himself about what happened.
They briefly brought Woodrow Woody, Jr back in. They asked him Robert Woody Sr said he was ashamed. Woodrow Woody, Jr said that his Dad had said he was ashamed of himself after what Robin Attenhofer had said.
Marlisa Ferreira insisted on asking a question and the Judge told her don’t ask any leading questions. Marlisa Ferreira immediately started asking a leading question. She has a habit with some of these people who she has trouble getting the answers she wants, she will ask the question in an inappropriate way that gives them the answer she’s looking for. It is objected to and then she asks the question the proper way, but they already have the answer. Marlisa Ferreira is very good at this. The Judge has gotten exasperated with her and the defense attorneys have filed complaints over her doing that. So Judge Zuniga got very miffed, she was not a happy person and Woodrow Woody, Jr was sent out of the room. She started re-reading Woodrow Woody, Jr’s testimony from earlier in regards to some of the things he said and where the body was moved to. They are saying he testified to the body being buried in the mountains, but Marlisa Ferreira is saying that wasn’t what he said, it just washed down out of the mountains in the rain. Judge Zuniga was going over the testimony. She did confirm that he didn’t really say it was buried, but it had been hidden in the mountains and it did wash down, up in Yosemite. She did advise Marlisa Ferreira to be cautious with any further testimony with this witness and not go into bad areas.
At this point Marlisa Ferreira asked the Judge: How do you want me to ask the question Judge? She is trying to get another legal seminar, to get the Judge to coach her. The Judge said, just do it, you are an experienced prosecutor, just do it. Marlisa Ferreira said Woodrow Woody, Jr is liable to take things out of turn. You really don’t know what some of these witnesses will say. (But she still wanted to call this witness). She doesn’t want to coach Marlisa Ferreira. She just tells her: Make it short, get it done.
The jury was called back up at 3:17PM. Woodrow Woody, Jr is back on the stand. The Judge is very expressive in her face and I noted Judge Zuniga is not happy. Just a note, this morning the Judge admitted she was very upset with Marlisa Ferreira, in some of those earlier motions with Gary Harmer and the Judge admitted she made a ruling based on the fact that she was upset.
Marlisa Ferreira is back on direct. They talked about Robert Woody, Sr. admit to being on the property? Yes. Robert Woody, Sr. say something had happened that night? He said no. Later on Robert Woody Sr said he was ashamed? That was like 3 weeks later. She asked if there was another conversation later on in regards to the body being moved? He said that was 2-3 weeks later. Robert Woody, Sr. said the body was put in Yosemite and Bobby Athwal was there. The body got washed out. “They should have hid the body better” –Woodrow Woody, Jr.
Percy Martinez went on cross examination. He only gave this information after Robert Woody, Sr. had been taken into custody on February 28, 2014. Then he gave another statement about a week after he’d been taken into custody with the Kirk Bunch interview. He said Daljit and Baljit were at the Frank Carson property on 9th Street. He kept refreshing his memory with transcripts, but he answered questions a little differently with defense attorneys. He was asked if he ever told Kirk Bunch the Athwals were on the Frank Carson property? He said, he thinks so, but wasn’t sure. Apparently three people had jumped the fence and only two went back.
Just take that for a minute. If that were true, who else jumped the fence with him? If they saw him getting attacked the other two just left him there to be attacked?
Woodrow Woody, Jr said he wasn’t at the residence when the first search warrant was served. He spoke to Robert Woody Sr. in regards to an incident at the jail. There was an objection. They were trying to get in the Beverly Woody information. Where she held a note up to the window to tell Robert Woody, Sr. what to say, but that wasn’t allowed.
Attorney Hans went on cross exam. Talking about how Robert Woody, Sr was in custody when he did his interview on 3/6/14. He talked to Kirk Bunch. He said Robert Woody, Sr was at the scene with the Athwal brothers. He reviewed the transcript and said he doesn’t really recall saying that, even though they is what it says. He did confirm again that Robert Woody, Sr. said three people went over the fence and two came back. Something in regard to antique cars and Woodrow Woody, Jr had heard it that night. Attorney Hans asked in the Kirk Bunch interview he said he read about antique cars? He did not recall that he had read it. Now, he’s saying he heard it, but according to Kirk Bunch’s report he said he read it.
There was a phone call with Kirk Bunch in March, 2015. For some reason, Marlisa Ferreira had an objection, but it was allowed anyway. He had told Kirk Bunch at the time that Korey Kauffman went missing, Robert Woody Sr. was in Washington, even though apparently now, he’s saying Robert Woody, Sr. was on the property with the Athwals and Robin Attenhofer. They left after hearing a gunshot. He said he heard many rumors about Korey Kauffman going missing.
Jai Gohel went into cross. He asked about Robert Woody, Sr. telling him in 2-3 weeks about the burial of Korey Kauffman, so it could have been in April when the body was moved to Yosemite. Woodrow Woody, Jr said the body had been buried in Yosemite and the rains had washed out the body.
He’s said that several times, I don’t know what he means by that. He said the body wasn’t buried, but it was washed out. It was in April when that conversation happened.
Woodrow Woody, Jr said he encouraged Robert Woody Sr. to call police and come forward about it. Also encouraged him to turn himself in before he was taken into custody. If he played a role in all this, he deserves to get into some trouble and take his punishment, whatever is deserved. Woodrow Woody, Jr did not call law enforcement to report anything to them either. Also, he said Kirk Bunch did say he could help his Father, this is after Robert Woody, Sr was taken into custody, if everybody would be honest with him. Kirk Bunch just needed more information. Kirk Bunch was saying he could help by making him a witness. Prior to the interview he had not told anyone about Robert Woody, Sr. involvement. He knows Robert Woody Sr testified with a deal and encouraged him to take the deal so he could get home as soon as possible. Robert Woody, Sr. did say Robin Attenhofer was present when Korey Kauffman was allegedly killed. Again three people went over the fence and only two went back.
Marlisa Ferreira back on redirect. She asked if he wants to hold Robert Woody, Sr to account with his testimony? Are you telling the truth? He said Yes and Yes. Are you willing to say anything that is not true? He said no. She asked Why testify? He said Korey Kauffman deserves justice. Robert Woody, Sr’s role in this deserves to get into some type of trouble and his role was taking the body to Yosemite. Bobby did dispose of the body and then Robert Woody, Sr. did turn himself in. Kirk Bunch did interview Woodrow Woody, Jr after Robert Woody, Sr was taken into custody.
The other thing that caught my attention was from March of 2012 to March 2014, no law enforcement officer ever tried to interview Woodrow Woody, Jr. They typically talk to everyone in the family. She did ask him if Robert Woody, Sr. had gone to Washington? It was during that time that Robert Woody did go to Washington to visit his kids. He thought that about this time when all this happened that Robert Woody, Sr. was in Washington. He’d heard rumors on the street after Robert Woody, Sr. had been talking. She asked him, in regards to Kirk Bunch, did he say anything during the interviews on what to say? He said no this is all what I understand came from his Dad.
Jai Gohel went into cross examination. He was asking about the body being buried in Yosemite. They had to research the transcript a little to see exactly what he said. He didn’t really say it was buried, but it did wash out. I’m not sure what all that means. The body was disposed of and then washed out after the rains came.
No further questions. Woodrow Woody, Jr off the stand. Attorneys went into chambers. Hallelujah!! That was the last witness in this case. Testimony is done. Believe it or not!
They did take a stipulation in chambers (something all parties agree to) that 4/9/12 is a Monday. This morning Mr. Hipolito said that 4/9/12 was a Saturday. They looked it up and it is a Monday. They made a stipulation in front of the jury that 4/9/12 was a Monday.
Everyone is done giving testimony. Tomorrow the Judge and the attorneys are going over jury instructions. I’m not going to be there. There is nothing for any of us to gain by that. We return to court next Thursday, June 13, 2019 and final arguments will begin. Marlisa Ferreira will go first. I expect all attorneys to take about a day each, but you never know for sure how that will go. The Judge wants this case to go to the jury by June 19, 2019. She wants them to have a couple of weeks to deliberate and then get a verdict out before July.
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