THIS IS REALLY CRAP TIME FOLKS
FRANK CARSON CASE
BY WILLIAM THOMAS JENSEN (TOM)
I have been wishing for an end to this preliminary hearing for over a year now. There is an old saying: “You can wish with one hand and crap in the other, and see which one gets filled first.” Are we ever going to see an end to this crap? Only the shadow knows for sure.
I am not quite sure what to write about what happened today in the courtroom. We are cleaning up some motions that have been hanging around for quite some time, and the judge did not seem to be supportive of what the defense attorneys are trying to do.
Court started basically on time today at 9:45AM with defense attorney Percy Martinez speaking about the Ramey Warrant, and a motion that he has made concerning it. Percy starts speaking about the multiple layers of hearsay that are contained in the Ramey Warrant, and Judge Zuniga blurts out that: “This time, I am not going to allow you to do this.” She states that Percy’s arguments on this issue are untimely.
Percy then starts talking about how consciousness of guilt must come from both of the Athwal Brothers and not just one of them. Judge Zuniga: “I agree with you, and I agree with an objection that was made by Hans Hjertonsson that it was compound.” Judge Zuniga: “I agree it was my mistake by not sustaining his objection.” This whole situation centered around a question where Robert Woody was asked if the Athwals had ever put money on his books at the jail. This question was never answered by Woody, and Marlisa immediately asked him further questions that assumed that he had answered the question in the affirmative. Marlisa Ferreira immediately states that she wants to re-open on this issue, and Judge Zuniga immediately denies her request. Judge Zuniga: “Mam, you better pick your battles.”
Judge Zuniga states that she is making a list of the testimony that she allowed pending a motion to strike. There is discussion about a motion made by defense attorney Martha Carlton-Magana to force the disclosure of a confidential informant that was mentioned by Detective Dale Lingerfeldt in his testimony.
We now go back to arguments being made by Percy Martinez. Percy states that his motion is based on the plea agreement that was made with Robert Woody on August 3, 2015. Percy states that this plea agreement was done quickly by Marlisa Ferreira and Woody’s defense attorney Martin Baker. Percy states that this plea agreement was presented to Woody early in the morning when Woody walked into the courthouse after being transported from jail. Percy states that Woody signed the agreement in the back room, and that the agreement was coercive in its nature. I notice that Marlisa Ferreira is shaking her head, and she immediately makes an objection. Percy Martinez states that Woody’s plea agreement contains a list of stipulated facts that are suspect in their nature. He cites the People vs Badger. Percy states that Woody testified that he believed he would be in violation of the agreement if he did not testify exactly the same as these “Stipulated facts.” Percy states that Woody testified that he would lie in order to escape a life sentence in this case while testifying on 09/14/2016.
Percy Martinez then states that Robert Woody gave proven false information concerning Walter Wells and Frank Carson. Percy states that Woody’s defense attorneys exposed those lies by waiving the attorney/client privilege. Percy states that Woody believes that he has to testify to the stipulated facts in the plea agreement in order to receive the tremendous offer of a 7 year and 3 month sentence instead of life in prison without the possibility of parole.
Percy Martinez argues that Robert Woody lied over and over again, and gave at least 15 different versions of his story. Percy states that on a recently discovered March 3, 2014 interview that Woody stated that he did not know anything about the killing of Korey Kauffman, or the moving of the body. Percy states that Kirk Bunch told him on this interview that: “He should sleep on this, and change his testimony so that he could get a good deal.” Percy states that Woody lied on every interview that he gave. Percy cited some case law, and said that Woody was: “A little slow.”
Percy Martinez then says that Robert Woody had requested copies of the transcripts, and police reports from his attorneys. Percy says that this request was denied by his defense attorneys, but the paperwork was provided to Woody by DA Investigator Steve Jacobson. Percy states that Robert Woody was dependent on Steve Jacobson. Percy cites the People vs Boyer, and the People vs Daniels. Percy says that Woody is a self-admitted liar, with a strong compulsion to testify to the stipulated facts to avoid a life sentence.
Marlisa Ferreira states that Percy Martinez is: “Mixing apples with oranges with his arguments.” Marlisa argues that the defense attorneys do not have standing on the issue of self-incrimination by Robert Woody, and that Robert Woody is the only one to have standing to assert this argument. Marlisa Ferreira states that the plea agreement states that Woody must testify truthfully in order to get his deal. Marlisa argues that Woody plead Nolo Contendere (No contest) in his plea agreement. She speaks about the People vs West, and the People vs Rauen. Marlisa states that Woody’s statements were not involuntarily obtained.
Judge Zuniga: “Ms. Ferreira, the way I see the record being made, and what a reviewing court would note does not absolve you about the issue of form over substance.” Judge Zuniga: “I am going to allow the defense attorneys to make their record.” Judge Zuniga: “The burden is high on those that are making the motion, and the argument is that Robert Woody is not credible.” Motion denied.
There was some discussion by Percy Martinez about how Frank Carson is working as a lawyer, and needs to be out of county for his work. Frank wants to be able to work in San Joaquin County, and Fresno County Federal Court. Judge Zuniga allows Frank to do so, over the objections of Marlisa Ferreira.
We are now done, and court will resume on March 7th, 2017 at 9:30AM. It looks like we are going to have Mr. F Bomb Patrick Hampton back on the stand, as well as DA Investigator Kirk Bunch. After that, we will probably go into closing arguments, and an eventual end to this never-ending abomination of justice.
Sincerely; William Thomas Jensen (Tom)