FRANK CARSON ET AL CASE
FOR ALL THE MARBLES
AFTERNOON SESSION 06/06/2019
WEEK 52, DAY 178
BY WILLIAM THOMAS JENSEN(TOM)
MARLISA RESTS HER CASE
CLOSING ARGUMENTS NEXT
This afternoon I witnessed a true miracle. Marlisa Ferreira ended her Case in Chief, and the closing arguments will begin next Thursday morning at 9:00AM. The announcement came out of the blue after a meeting in Judge Zuniga’s chambers late in the day. There are many more details on this story, but I will give them to you as they happened in the courtroom. God knows how hard Marty Carlson and I have worked on this case. It has been one of the most challenging things I have dealt with in my life. It was important for me to make sure that this case would not be tried in a vacuum. I have known Frank Carson ever since he represented our former Mayor of Modesto Carmen Sabatino. Frank Carson represented Carmen Sabatino in a trial that was malicious and unjustified. Frank Carson prevailed in court. I watched Frank Carson defend Police Science Instructor Frank Drummond in a malicious and unjustified case. Frank Carson prevailed in that case. I watched Frank Carson represent AJ Pontillo in a malicious and unjustified case. Frank Carson prevailed in that case. When I got involved with this case, it became crystal clear early on that this was another malicious unjustified case. There is something very sick going on in the Stanislaus County DA’s Office. Our criminal justice system has at times been weaponized to punish people who have fallen out of favor with the powers to be. To make things worse, The Modesto Bee has basically ignored one of the biggest stories that has happened during the last three years. In a very short number of days, this case will go to the jurors. Our jury system is the only thing that protects the citizens from this type of injustice. They are what I refer to as the Truth Detectors. A jury of 12 people can sort through all the evidence that is presented in the courtroom, and decide which of it is crap, and which of it is caviar. This jury has seen every day of testimony. They are a fine group, and have been dedicated to stick this thing out for over a year. I have no doubt that they will find that there is much more than reasonable doubt, and will return a verdict of not guilty. This case should not even been held over for trial. The prosecution’s case was pointless, and mind numbingly long. There was no direct evidence. Huge holes were blown in the prosecution’s case before the defense even put on their own case. My hope is that by exposing this injustice, a way can be found to make sure it never happens again.
Court began this afternoon at 1:30PM with Judge Zuniga opening up a sealed envelope that contained what we think might be some medical records concerning Robert Woody. It is mentioned by Marlisa Ferreira that she only needs the dates from some of the files. Judge Zuniga states that she can only let the attorneys look at the files in the courtroom, and that she will not allow any copies to be made. At 1:40PM, Judge Zuniga instructs the bailiff to call for the jury. Before the jury enters the courtroom, There is talk about doing jury instructions on Monday. As the jury enters the courtroom, I can see the fake smiles from Marlisa Ferreira and Kirk Bunch. It really seems creepy to many of us in the audience. Come on in says the spider to the fly.
Marlisa Ferreira calls Robert Lee Woody Jr. to the stand. He is the son of Robert Woody, who was captured on a body-wire confessing to the murder of Korey Kauffman. Robert Woody passed a polygraph examination when he denied any involvement in the killing of Korey Kauffman. The investigators lied to him, and told him that he had failed the polygraph. They were then able to use coercive interrogation techniques to get him to change his story, and implicate Frank Carson and the other defendants who were charged in this case. Polygraph examinations can’t be used in a court of law. To me, the prosecution’s case seems to be the perfect crime, and they do it with immunity from prosecution themselves. What a country! I respect Robert Lee Woody Jr. He seemed to be intelligent, polite, and sincere while testifying on the stand. His family refers to him as “Woodrow,” and that is what I will refer to him as from here on in this article. Marlisa gets Woodrow to testify that he was living with his father in March of 2012. He states that he had a conversation with his father about one week after Korey Kauffman had gone missing. He states that his girlfriend Robin Attenhoffer was with him when he had this conversation. The conversation occurred in a bedroom, and Robin Attenhoffer did most of the talking. He testifies that Robert Woody looked him straight in the eye, and nodded his head up and down in an affirmative way as Robin Attenhoffer told him details of what happened the night that Korey Kauffman had been killed. We have a side bar. Judge Zuniga sends the jury down to the basement in anticipation of a long argument. Woodrow is kept on the stand, and Judge Zuniga tells Marlisa Ferreira to no lead Woodrow with the questions that she is about to ask.
Marlisa Ferreira gets Woodrow to once again state that he was in a bedroom with his father and his father’s girlfriend Robin Attenhoffer. Woodrow states that Robin Attenhoffer did most of the talking. He states that his father, Robert Woody, looked him straight in the eye, and nodded his head affirmatively as Robin Attenhoffer spoke. He testifies that Robin Attenhoffer gave him some information concening what had happened. He says that Robert Woody could hear everything that Robin Attenhoffer was telling him, and was sitting right next to Robin Attenhoffer. He states that the conversation happened around 2:00AM, and the bedroom door was shut. Woodrow testifies that his father was white faced as Robin Attenhoffer told him how bad things had happened. He states that his father looked sad. He once again says that his father nodded his head affirmatively as Robin Attenhoffer spoke. Woodrow states that Robin Attenhoffer then told him that 3 people had jumped over a fence into a place where the Athwal brothers were at. He testifies that his father said: “Yes I was there.” Woodrow testifies that Robin Attenhoffer then told him how a beat down had occurred. He states that his dad was standing there “Plainly” as Robin Attenhoffer made that statement. Woodrow now states that Robin Attenhoffer told him that they walked out towards the gate and heard a shot ring out. He now testifies that Robin Attenhoffer told him that they walked out the gate and left. Woodrow states that at this point, he did not want to hear any more about what had happened. Woodrow states that after the last thing that was said, his father looked him in the eye with disgust. He states that he then went to bed. Woodrow testifies that there was a second time that he spoke to his father after his father had been arrested. He states that this was after a search warrant had been served on their house. Woodrow testifies that he was later told that this incident happened on the Carson property. Woodrow testifies that he was told that the person had been stealing items from the Carson property. He states that the people who went over the fence were stealing old antique collector cars. Woodrow testifies that he was told they had to dispose of the body, and that the body was disposed of in Yosemite. Woodrow states that Baljit Athwal disposed of the body. He states that it was rainy, and the rain had washed the body out. I must note that we were having a severe drought at the time that the body of Korey Kauffman was placed in the mountains. Woodrow testifies that he was told that Baljit Athwal said that they should have hid the body better. Marlisa Ferreira has no further questions at this time.
Percy Martinez gets Woodrow to testify that Robert Woody had told him that Robin Attenhoffer was present when the body was disposed of in the mountains. Hans Hjertonsson gets Woodrow to testify that he was told where the beatdown occurred about two months after he had the first conversation in the bedroom. He states that Robert Woody told him where it occurred. He states that this conversation occurred before his father had been arrested. Jai Gohel gets Woodrow to state that the first conversation in the bedroom occurred about 1 week after the arrest. This does not make any sense to me, because Robert Woody would be in jail. He states that he had his conversation with his father about 30 days after the body had been washed out. Woodrow states that Robin Attenhoffer was present when he had his second conversation with his father. He states that his father was telling the story during the second conversation.
Marlisa Ferreira gets Woodrow to testify that he was told that Baljit Athwal’s pickup truck to move the body to Yosemite. Hans Hjertonsson gets Woodrow to testify that neither Robin Attenhoffer or Robert Woody said that the body had been taken to Mariposa. Judge Zuniga now has Woodrow step outside of the courtroom into the quiet room. Judge Zuniga: “Mam, it is your motion.” She speaks about how this involves adoptive admissions. We have some arguments concerning adoptive admissions. Hans Hjertonsson states that this is very vague about where and when certain statements were made. Jai Gohel states that this is not a prior consistant statement. Marlisa Ferreira states that she is offering this under 1221. She cites the People vs Cohens. Jai Gohel states that 1221 applies to a statement against a party, and Robert Woody is not a defendant in this case. Judge Zuniga agrees and argues with Marlisa Ferreira. Judge Zuniga states that case law says he would not be a party. Marlisa Ferreira tries to make anything work, and now argues this is a consistent and inconsistent statement. She states that it is not hearsay because it is impeachment, and states that it is rebuttal.
Judge Zuniga there is a problem with impeachment because Robin Attenhoffer is making the statements. She states it is an adoptive admission. She states that she needs a couple of minutes to do some research. She tells Marlisa Ferreira that she needs an exception to the hearsay rule. She states that the problem is between Robert Woody and Robin Attenhoffer. Judge Zuniga states that she is not opposed to the second statement. Marlisa Ferreira once again tries to change her argument, and tells the judge: “What about if it is offered for non hearsay purposes, and we only use it to show it occurred at a particular time. She states this is the rebuttal portion. Judge Zuniga states that she needs to go look at some case law. She states that the problem with Marlisa’s argument is that these are not statements from Robert Woody, and they come from Robin Attenhoffer. I must note that Robin Attenhoffer is deceased. It is now 2:34PM, and we take a break.
At 2:52PM, Judge Zuniga states that she looked at what she calls: “The other book.” She tells Marlisa Ferreira that her argument has appeal, but Robin Attenhoffer is dead. She states that this needs to be admitted against a party. Judge Zuniga tells Marlisa Ferreira that concerning the inconsistent/inconsistent argument she can’t get past the extra layer of hearsay. Judge Zuniga tells Marlisa Ferreira that it is very unclear in the first statement if it was from Robert Woody or Robin Attenhoffer. She speaks about where Robert Woody said: “Yes, I was there.” Judge Zuniga has Woodrow brought back into the courtroom from the quiet room.
Judge Zuniga tells Woodrow that she is clarifying about the first conversation about what his father had said that he recalled. Woodrow states that his father told him that he was ashamed of himself, and had looked him straight in his eyes. He states that this was after Robin Attenhoffer had made her statements. Marlisa Ferreira tries to ask Woodrow a question, and is shut down for asking a leading question. Judge Zuniga has Woodrow step down from the stand. Judge Zuniga goes back and looks at his original statements that were made in the courtroom. She states that Woodrow had testified that it was Robin Attenhoffer speaking and Robert Woody chimed in. Marlisa Ferreira tells Judge Zuniga that this would constitute an admission. Percy Martinez states that he is only a party and can’t be brought into context by what Robin Attenhoffer said. Submitted. Judge Zuniga looks through a law book. She states that this comes in as a prior consistent statement. Marlisa Ferreira wants coaching from Judge Zuniga on how she can do this without being shut down by objections. Judge Zuniga tells her that she will have to come up with her on way, and will not tell her how to do so. Judge Zuniga: “Think about it.”
At 3:12PM, the jury is brought back into the courtroom. Woodrow is put back on the stand. Marlisa Ferreira asks Woodrow while he was in the bedroom with his father and Robin Attenhoffer if his father admitted to being on the property. Woodrow: “Yes.” Marlisa Ferreira: “Did your father tell you how he felt?” Woodrow: “Ashamed.” She gets Woodrow to state that he had another conversation with his father where his father told him about disposing the body. Woodrow states that this conversation happened about 2-3 weeks after the first conversation. He states that it was before the search warrant was served on their house. Woodrow states that his father told him that the body was disposed of in Yosemite, and that Baljit Athwal was there. Woodrow testifies that his father told him that the body had been washed out, and that the body should have been hidden better.
Percy Martinez gets Woodrow to state that he was given this information after Robert Woody had been arrested. Woodrow does not recall being told by Kirk Bunch that Daljit Atwal and Baljit Athwal were on the property. He gets refreshed on this, and admits that he had said that. Woodrow now states that Robert Woody also told him that three people jumped over the fence into the property while Daljit Atwal and Baljit Athwal were there and two people jumped back over the fence and left. Woodrow admits that he spoke with Robert Woody about the incident after he had been arrested. Woodrow states that this conversation happened at the jail.
Hans Hjertonsson takes over asking the questions. Woodrow does not recall that on 03/06/2014 Kirk Bunch had told him that Robert Woody was present on the property along with the Athwal brothers. Woodrow was still vague about this even after being refreshed with some transcripts. Woodrow also did not remember after being refreshed that Kirk Bunch could help his father and make him a witness in the case. Woodrow states that Robert Woody said they were stealing antique cars. At this time, Marlisa Ferreira states to Judge Zuniga: “Judge, we have an issue.” We now have a side bar. Hans Hjertonsson now tells Woodrow that he also had a phone call in March of 2015 with Kirk Bunch. This gets objected to, and the objection is sustained. We have another side bar. Woodrow admits that he made a call to Kirk Bunch from work in March of 2015 where he told Kirk Bunch that his father was in the State of Washington. Once again, Woodrow testifies that Robert Woody told him that he left the property after he had heard a gunshot. Woodrow testifies that it is fair to say that he heard rumors about Korey Kauffman on the street between March of 2012 and 2015.
Jai Gohel gets Woodrow to testify that the conversation about the disposal of the body of Korey Kauffman happened around 2 weeks after the first conversation. Jai tries to pin down this conversation as occurring before the end of April of 2012. Woodrow admitted that it happened “Around April.” Woodrow states that his father had told him the body had been buried in Yosemite. Woodrow admits that his father had told him that the rains had washed the body out. I note again, that we were in the midst of a severe drought at that time. Woodrow testifies that he had said that he was disgusted, and had encouraged his father to call the police and turn himself in. Jai Gohel brings out that Robert Woody turned himself in two years later. Woodrow states that he is fine with his father getting in trouble if he was involved. He states that he did not call the police to report his father. Woodrow admits that Kirk Bunch had told him he could help his father, but can’t remember the last part about making Robert Woody a witness. Woodrow states that he is aware that his father got a deal, and wants to see him home. Once again, Woodrow states that Robert Woody had told him that Robin Attenhoffer was with him on the property. Woodrow once again states that his father told him that three people jumped over the fence and two people jumped back over the fence.
Marlisa Ferreira gets Woodrow to state that he is telling the truth when he testifies, and is not willing to say things that are not true. Marlisa Ferreira: “Why are you testifying today?” Woodrow: “He deserves to be punished for his role.” Marlisa Ferreira gets Woodrow to state that his father had used the word “Disposed” rather than the word “buried” when he told him about leaving the body in Yosemite. Marlisa Ferreira gets Woodrow to testify that his father was in Washington State sometime between 2014 and 2015. She is warned for asking leading questions. After a side bar, Marlisa Ferreira gets Woodrow to state that Kirk Bunch did not tell what him to say.
Jai Gohel tries to ask a question about being asked a question outside of the presence of the jury. This gets objected to, and the objection is sustained. We now have another side bar. After the side bar, Jai Gohel asks Woodrow when he testified in an earlier hearing he had testified that Korey Kauffman was buried in Yosemite. Woodrow: “Yes.” Now he states that he doesn’t recall. Judge Zuniga asks the Court Recorder to check the transcripts. We have another side bar. After the side bar, Woodrow admits that he responded to a question by saying that his father had told him that the body of Korey Kauffman had been buried in Yosemite. Marlisa Ferreira gets Woodrow to testify that he meant to say disposed when he answered the question earlier in the hearing. Percy Martinez gets Woodrow to state that he was never told how the body was disposed in Yosemite. Woodrow is now released from testimony. He seems to be elated as he walks out of the courtroom.
Judge Zuniga now states that she needs the council to meet in her chambers on timing. After the meeting in the chambers, it is stipulated that Officer Hippolito was incorrect when he said that April 9th, 2012 was another day rather than a Monday. She tells the jury to be back in the courtroom for closing arguments on Thursday, June 13th, at 9:00AM. At this time, I realize that Marlisa Ferreira must have rested her case while council was in chambers. She tells the attorneys she will see them tomorrow morning at 9:00AM for jury instructions. The jury is taken out of the courtroom. After the jury is out of the courtroom, it becomes apparent to me that Marlisa Ferreira was very upset that she could not be given until June 18th to get ready for her closing arguments. She complains that she is going to have to go through three years of evidence to see what she can argue. As we were walking out of the courtroom, the defense attorneys told me that they had told the judge that they were ready immediately to give their closing arguments. Poor Marlisa Ferreira is being faced with the reality of having to close her case in short order. She has taken over a year on her Case in Chief, and that is not enough time to satisfy her wants. It seems as though the judge feels like she has taken enough time. Judge Zuniga is bound and determined to get this monstrosity done before the two jurors have to go on their cruises in July. I feel a strong sense of relief tonight. God knows how hard I have worked the last three years. I hope that my readers have benefited from my work. I said that I did not want this case to be tried in a vacuum, and I have kept my word. I now have to trust that the jury will come up with the only verdict that is supported by the evidence, and will find the defendants not guilty of all charges. Sincerely; William Thomas Jensen (Tom)