TRIAL POSTPONED

FRANK CARSON CASE

05/22/2017

BY WILLIAM THOMAS JENSEN (TOM)

Court resumed today at 1:30PM at the old bankruptcy courthouse. I think this might be the last time we use this courtroom. The lease on the building runs out soon, and things are going to be moved to the main courthouse when that happens.

We were allowed to enter the courtroom at 1:30PM, and sat there for fifteen minutes until the judge called the attorneys into her chambers for a rather lengthy in camera meeting. At 2:53PM, Judge Zuniga re-enters the courtroom and things start happening that we can witness. Defense attorney Robert Forkner was appearing for Percy Martinez and Alonzo Gradford who could not attend. Rai Gohel was appearing for Hans Hjertonsson who could not attend.

Defense attorney Robert Forkner starts talking about a motion that he has written to get the passport for Christina DeFelippo turned over to his client who has been cleared of all charges. There were some other things in the motion that should have been listed in the inventory. Robert Forkner states that he is going to take care of listing the inventory that needs to be returned to Ms. DeFelippo. Judge Zuniga states that she needs to release the passport.

Judge Zuniga now speaks about a motion she has that was written by Rai Gohel. She states that she received the motion on Saturday, and that the motion requests a continuance of 7 months to give Mr. Gohel time to digest over 22,000 pages of testimony. Marlisa Ferreira states that she has no objections to this continuance.

Robert Forkner, who is representing Frank Carson today, states that Mr. Carson is not waiving his right to a speedy trial, and wants the Athwal brothers to be severed from this trial so that the trial can start on June 19^th as planned. Robert Forkner states that Frank Carson would be willing to delay the start of the trial for 90 days, but no longer.

Marlisa Ferreira objects to severing the Athwal brothers from this trial, and states that she wants a formal written notice from Frank Carson’s attorneys concerning this issue.

Judge Zuniga wants to know what prejudice Robert Forkner sees by delaying the start of the trial for 7 months. Forkner states that the witness’s memories fade as time passes. He states that the prosecution just yesterday turned over 51 CD’s of new discovery, and that the longer this thing drags on, the more late discovery will be turned over. He states that the defense is ready to go right now. Forkner states that witnesses have died. Robert Jaquish has died since the preliminary hearing started and ended. Robert Forkner states that Frank Carson has a right to a speedy trial. Forkner states that he wants the judge to order an end to new discovery. Judge Zuniga states that she can’t prevent the local authorities from continuing to investigate the case. This statement seems to run counter to earlier statements from the judge concerning late discovery. She seemed to be cutting off late discovery earlier in this fiasco. Judge Zuniga states that this case is “So convoluted.” She states that it is not unreasonable for Rai Gohel to ask for more time to prepare because there is over 22,000 pages of testimony so far. She states that the witness’s memories fail for both the defense and the prosecution. She states that any police agency has the right to continue to investigate.

Defense attorney Jai Gohel states that he will be done with two other cases by the end of October. He states that he could be ready by the end of November if necessary. Judge Zuniga states that she prefers to start the trial in January. She wants all of the motions to be done before January 8^th. Judge Zuniga states that the trial will begin on January 8^th.

Judge Zuniga now states that Mondays will start at 10:00AM, and all the other days will start at 9:00AM. She is leaving it up to the attorneys if they want to go 4 or 5 days a week. She states that she is good to go for five days a week if the attorneys want to work the entire week. She states that she will not have a problem with the traffic because she is going to stay in town for the trial.

Judge Zuniga sets November 27^th for what she called the “Motions in limiting” These motions will continue through December 8^th. She states that motions will also be heard the week of December 15^th.

Judge Zuniga tells Robert Forkner to inform her when he wants her to hear his motions. She sets a 1385 motion for June 6^th. She sets a hearing on June 6^th for a motion. She sets a hearing on July 17^th for conflicts. She states that Judge Moody will conduct the 995 hearing on August 14^th and 15^th, and states that Robert Forkner can argue his 1385 motion at that time. Judge Zuniga vacates the June 19^th date. Judge Zuniga sets the preliminary hearing for Scott McFarlane and Eduardo Quintanar for June 20^th at 1:30PM.

Defense attorney Robert Forkner states that he wants the DA to take the Ramey Warrant off the internet site run by the Sheriff’s Department. He states that this is necessary to get impartial jurors. Judge Zuniga tells Marlissa Ferreira that the Ramey Warrant being on the internet is problematic. She tells Marlisa to tell Birgit Fladager to take the Ramey Warrant down from the internet. Marlisa Ferreira starts talking about how much of this trial is on the internet, and how she wants this to be taken down. Judge Zuniga states that she is not going to control the internet. Marlisa Ferreira looks pissed at this point.

Robert Forkner now states that new search warrants were served last week on Frank Carson, Georgia DeFelippo, Christina DeFelippo, and I believe the Athwal brothers and Walter Wells. It concerns cell phones and computers and Google. Judge Zuniga forces Marlisa Ferreira to make sure these search warrants are filed with the court immediately. We are now done for the day. This trial is going to last forever it seems. It has been a marathon, and will continue to be a marathon. The truth will set them free.

Sincerely; William Thomas Jensen (Tom)

Just for information tomorrow court is scheduled to start at 1:30 PM instead of 10 AM. It’ll probably be just a continuance date as they have to file new briefs for the recusal motion and other things.

Tom Jensen will be in court tomorrow to report what happens as I will be out of town due to a death in the family, (step dad). But we will get the information up as soon as we can in the normal manner.

Feel free to contact myself or Tom for further information.

Defendant’s Memorandum

Regarding Discovery

and

Request for Sanctions

Filed on 1-26-2017

1490969_DefMemo_discovery_Request_sanctions

Just for information here is a copy of the motion filed by Percy Martinez on behalf of Frank Carson in regard to the late discovery which led to the release from custody of the defendants. Included in this PDF file is a motion that includes interviews of Robert Woody by Kirk Bunch and John Evers.

Defense attorneys are claiming that investigators were immediately offering Robert Woody a deal to name other people involved in this case and shows a favorable treatment that he was receiving right from the start. In addition, this is an interview that was not turned over in a timely manner in fact it was not turned over until all parties had rested their case in the preliminary hearing.

Read the motion in all parts included and decide for yourself, it is a bit of an interesting read.

d

Just for information there was court scheduled today in department 26 for motions in the Frank Carson at el case.

Apparently, it was a big mess due to the Amgen bicycle race that had massive streets blocked off and many attorneys could not even get to their offices, I was not able to get downtown due to having a major repair I had to do at home.

I understand that there was a lot of people that showed up to participate in this hearing, including several witnesses and the Atty. Gen.’s office. All attorneys went into chambers for some time when they came out apparently, the judge felt that there was a procedural error of some sort in the motion would have to be refiled.

Court was rescheduled until May 22, 2017, which is next Monday, at 10 AM.

MARLISA GETS SPANKED ONCE AGAIN

FRANK CARSON CASE

05/08/2017

BY WILLIAM THOMAS JENSEN (TOM)

We were back in the courtroom again this morning to take up some motions. Judge Zuniga was on time to the courthouse, and things got going at 10:00AM with a rather lengthy In-Camera meeting in the judge’s chambers. At 10:52AM, everyone came out from the judge’s chambers, and we got some action.

The discussion immediately goes into Robert Forkner’s motion to dismiss due to prosecutorial misconduct. Judge Zuniga states that she can’t hear this motion because it is what she calls a common-law motion. Forkner wanted this motion to be heard by Judge Moody, who is going to conduct a 995-hearing concerning the ruling by Judge Zuniga that there was sufficient cause to hold Frank Carson, Daljit Atwal, Baljit Athwal, Walter Wells, Scott McFarlane, and Eduardo Quintanar over for trial. Judge Zuniga states that this issue concerns a possible violation of due process, and is outside the scope of a 995 hearing. Judge Zuniga states that Robert Forkner should make a common-law motion on this matter.

We now go into a motion by The People for Judge Zuniga to reconsider her ruling that released Frank Carson, Daljit Atwal, and Baljit Athwal on their own recognizance. Marlisa was very attitudinal in her beliefs that these defendants should be remanded back to custody.

Marlisa starts out by reading a letter that was written by Robert Woody’s attorney Bruce Perry. The letter concerned the time off for good behavior credits that Robert Woody was missing out on by having his sentencing delayed. It appeared to me that the focus on this was that Woody would get one day off his sentence for every 4 days served beginning on May 1^st, 2017.

Marlisa now goes into the several reasons why she believes the defendants should be remanded back to jail. She states that when the court made its ruling to release the defendants it was because the defendants had not waived their rights to a speedy trial, and that a bunch of late discovery had just been turned over by the prosecution. Marlisa stated that the court did not release the defendants as a sanction, but to preserve the integrity of the preliminary hearing. Marlisa states that the court granted a short continuance to allow the defense attorneys time to review the new discovery. Marlisa stated that the defense benefited from the continuance, and that the situation has substantially changed now.

Marlisa states that The People laid out threats that had been made to Robert Woody and his family. She states that one or both of the Athwal brothers had contacted the Woody family during the trial. Marlisa goes into Article 1 Section 28 of the California Constitution that concerns the rights of the Woody family. Marlisa then states that friends and family of the defendants have threatened the Woody family by sitting in close proximity to them in the courtroom. I must assume that she was talking about people like Marty and I, and the wife of one of the defense attorneys. I don’t sit on that side of the courtroom very often, because I actually feel threatened by some of the low life people who are over there.

After Marlisa Ferreira makes her arguments, Judge Zuniga looks at the defense attorneys, and says: “I don’t need to hear from you.” Judge Zuniga: “Nothing has changed, if I had persisted in keeping the defendants locked up, this case would have been automatically reversed.” Judge Zuniga: “Motion denied.” Marlisa looked very “Butt hurt” by this ruling. It was obvious to me that the judge was upset with Marlisa for some of the things she said in her arguments.

We now go into a motion by Percy Martinez that concerned an effort to strike the testimony of Robert Woody because he lied on the stand and his testimony was coerced. Judge Zuniga makes short work of this motion by stating: “I already ruled on this motion against you, and I will not rehear this matter.” Percy Martinez: “We are moving to strike his testimonial agreement because of the lies and coercion. Judge Zuniga: “I am not going back to the coercive nature, I ruled already.” Percy Martinez: “We believe based on Woody’s lies during his testimony that it violates his plea agreement.” Percy Martinez: “We believe this court must rule on Woody’s truthfulness, he is very manipulative, and is prepared to lie for his plea agreement.” Percy Martinez: “Woody repeatedly lied about a black hand gun being held in Daljit Atwal’s hand, and he lied about Frank Carson’s involvement. Percy: “Woody said he lied about these things to help himself and to help protect his mother from perjury charges. Percy Martinez: “Woody and Patrick Hampton were housed together in Tuolumne County Jail, and Robert Woody told Patrick Hampton that he had killed Korey Kauffman all by himself.” Percy Martinez: “DA Investigator Steve Jacobson immediately stopped Patrick Hampton from continuing this statement, and Patrick Hampton or Robert Woody were never confronted with this again.” Percy Martinez: “This court has more than enough to rule that Robert Woody violated his testimonial agreement.” Percy Martinez: “Robert Woody has made more than 15 different stories.”

Robert Woody’s attorney Bruce Perry: “I don’t agree that Robert Woody intentionally violated his testimonial agreement, and I feel that the defense attorneys have no standing to be making these arguments.” Judge Zuniga: “I agree they have no standing.” Judge Zuniga: “Motion denied.”

Baljit Athwal’s new attorney Jai Gohel speaks about a motion that he will present by May 17^th concerning an anticipated delay in the start of the trial. Mr. Gohel states that he has been working very hard to read all the case files, but that he thinks he will be needing some additional time. It appears that a hearing on this is set for May 22^nd, 2017. There was some further discussion concerning Robert Forkner’s motion to dismiss due to prosecutorial misconduct. Judge Zuniga seemed to be struggling on what to do about this issue. At times, it seemed to be too much for her to deal with, and she appeared to be confused. Robert Forkner brings up a motion that Judge Zuniga did not remember, that still needed to be ruled on.

Judge Zuniga states that the trial should last approximately eight months. I would take bets that this thing will actually take twice that amount of time. Time is being used as a weapon by the prosecution. The prosecution wants to exact the most amount of pain they can on the defendants. A long trial is what the prosecution will strive for. In the end, no jury of 12 people will ever convict anyone of anything in this trial. Despite being acquitted, all the defendants will be financially destroyed. What a country.

Sincerely; William Thomas Jensen (Tom)

FULL DAY PAY ½ DAY WORKED

by Marty Carlson

5-8-2017

Court was scheduled to start at 10 AM and all parties were present and all attorneys went into chambers for almost an hour.

Once court went into session in the courtroom Robert Forkner address the court regarding his prosecutor misconduct motion that has been pending for some time now. Judge Zuniga advised him that he is not going to hear the motion as it now goes to part of the 995 motion to be heard on June 5. The judge also gave some case citations regarding the 995 motion and they regarded mostly as to an error on the part of the magistrate. Robert Forkner claims prosecutors misconduct has denied the defendant’s due process.

Judge Zuniga advised the attorney that he had requested a list of all motions to be finished prior to the end of the preliminary hearing, this motion was not on that list. And now that he has ruled and he states that this is a procedural error or prosecutors misconduct it needs to be part of them 995 motion heard by Judge Moody on June 5. Judge Zuniga advised that he can no longer hear the motion as she no longer has jurisdiction on the misconduct motion.

At that point, Mme. DA read a letter to the court, as his letter had been supplied to all defense attorneys and it was in regard to Robert Woody’s credits for time served even though he is not sentence. The District Attorney’s Office has agreed to establish Robert Woody’s credits for time served as if he were a sentenced inmate under prop 57. In the starting date on this shall be effective May 1, 2017. So, at this point on Robert Woody gets 20% goodtime credits compared to 17%.

At this point the district attorney started their motion for increased bail or re-manned for the defendants and Mme. DA began arguing that the December 22^nd Ct. date which resulted in the release of the defendants gave them a benefit from the judge. Marlisa also stated that the defendants had use investigators to intimidate the Woody family in the past, and the pop and cork is in close proximity to the Woody residence, and he claimed they have tried in the past to influence the Woody family and asked the court to consider the Kory Kaufman’s family as to Marcy’s law requirements.

The victim and the victim’s family should be treated with fairness and their safety should be considered. He also stated that the victim’s family has been overlooked and all defendants should be remanded to ensure their safety.

Interesting note during Mme. DA’s argument she stated that audience members have sat close to the victim’s family in court. As I have been in court every day I have seen that not to be the case except in rare occasions when they were actually there which resulted in complaints from the family and people were moved away.

The DA also said that Frank Carson had threatened everybody involved in the Cooley clan, which included Linda Burns, Eula Keyes, Charlie Odell, and others. He also stated that Frank Carson had made numerous threats to Michael Cooley and made several visits to the Cooley house forcing entry to at least the yard.

Once Mme. DA was done stating her case, defense attorneys began to talk in the judge told him that there’s no her response needed. Regarding the Kauffman family, the judge stated that he saved the Kaufman family from absolute certain reversal if any convictions were had, and that was certainly thinking of the victim’s family in regard to Marcy’s law. He also noted that the district attorney did not mention any new activities or misdeeds by the defendant since their release, since there was no new information the motion was denied.

At that point, Percy Martinez started arguing a motion regarding the Robert Woody testimony and agreement. He stated that due process calls for allowing 1/3 party question the testimony that was coerced by officers and the hopes of an agreement. The judge then cut off the attorney stating he has already ruled on this issue and did not want to go through it again. Percy Martinez continuing his argument saying that there was coercion in the testimony and was not given voluntarily as he had obviously lied on numerous occasions. Again, the judge stated previously she had ruled on this.

Percy Martinez wanted to make his record that Robert Woody told bold face lies concerning Frank Carson and Walter Wells on July 22, 2016 to help himself obtain a plea agreement and trying to help his mother Beverly after her attempt at perjury. In addition, Robert Woody was housed in the same cell with Patrick Hampton In Tuolumne County during his testimony, and had told Patrick Hampton that he had killed Korey Kauffman all by himself and no one else. Which was also contrary to what he was testifying during that same time. All his multiple stories that have violated his agreement.

Robert Woody’s attorney Bruce Perry does not agree with any perjury accusations but did admit he has told many stories off the stand but has been very consistent on the stand. He also noted that this motion was filed under the case number for Frank Carson et al. and not actually under Woody’s case number. He also stated that he is not actually taking a position either way, if this motion is granted it actually benefits his client.

Again, the judge denied the motion staying that the defense attorneys have no standing in this issue, Percy Martinez and put on the record is again a denial of due process of Robert Woody lied and does give them standing. That was the end of the argument on that motion.

Bobby Atwahl’s attorney Mr. Gohel advised the court that he was trying to be ready for the current June 19, 2017 start date of the trial, but was not sure about the new discovery this post to be turned over on May 19, and we advised the court after he received that discovery. The scheduled another hearing for May 22 for Mr. Gohel to update the court.

Robert Woody was scheduled to be sentenced today but it was continued in till August 17, 2017. Interesting note when the District Attorney’s Office requested the August date the judge asked August of which year, and said she was serious because this trial should last about eight months is the estimate.

At this point court was in recess with the next court date being next Monday, May 15, 2017 at 10 AM.