By Warren Yates.
Well here I am back again but only for a day. I have been and will be tied up in San Jose on an attempted murder trial. I feel bad that I cannot be here reporting what is happening in the courtroom but two other cub reporters, Marty Carlson and Tom Jensen will be keeping you up to date until Poppa bear back.
Being involved in the San Jose case and with the Dist. Atty. there, I have come to somewhat of a consensus that obstinate, stubborn, unreasonable and contentious female deputy Dist. Atty.’s come in all shapes and sizes and all locations. When the defense presents exculpatory evidence tending to show the defendant’s innocence is presented, rather than accepting it at its face value, for some pompous, egotistical or underlying hidden agenda reason, the exculpatory evidence is not given any credulity.
In the San Jose case, there is cell tower information showing that the defendant could not have been the area that the shooting took place. Both the defendant and his fiancée took and successfully passed polygraph tests. Unless examinees are pathological liars or possess some type of superhuman powers that would allow them to regulate their own blood pressure, pulse, galvanic response and precise breathing, they would fail the test.
A very minimal and probably infinitesimal number of persons possess the above qualifications to be able to fool the polygraph test. When one person let alone two persons both pass the polygraph test and for some pompous, egotistical or underlying hidden agenda reason, a deputy district attorney either male or female refuses to take that into consideration, it is shameful.
When the deputy Dist. Atty. challenges the validity of the polygraph examiner and is then told they are welcome to have the examinees tested by their particular counties polygraph expert and when challenged with that they refuse, that’s a perfect example of egotism getting in the way of justice. The above scenario certainly sounds familiar.
Of course, we have to realize that overly self-important and egregiously egotistical deputy Dist. Atty.’s have all of the resources (taxpayers monies) to continue with their justice charade to feed the humongous egotistical monster dwelling therein. When self-serving ego takes the place of truth and justice, that person should seek another career such as a thespian, a ditch digger or a liberal talk show host. And like the old saying goes, if the shoe fits, Cinderella, but the darn thing on.
To start out with, after being in court in the Frank Carson matter for almost 3 months, and watching the parade of witnesses the prosecution has presented, I had an epiphany. An old song by Judy Collins keeps ringing in my head. I’ve been told numerous times that I have bats in my belfry but that’s not the ringing I’m talking about.
With all of the gallery that has been there on a regular basis, the names Ronald Cooper, Junior, Sabrina Romero, Eula Keyes, Miranda Dykes, Linda Burns, Patrick Hampton and others, that old song “Send In The Clowns” is so appropriate. And there is no doubt who the ringmaster/mistress is.
This is reminiscent of when as a kid, I was taken to the circus and that little bitty tiny car would pull out into the center ring and a whole bunch of clowns were able to crawl out of the car and you could never figure out how so many clowns got in one little space. I think I’m beginning to figure it out now. Just saying…
While in court yesterday I was continually looking over my shoulder and trying to look inconspicuous and was on the edge of my seat waiting to see if I was going to be served with the gag order that deputy Dist. Atty. Ferreira wanted Judge Zuniga to impose on me in open court several weeks ago. It looks like my disguise worked because I did not get served. So here I am again.
At the onset of these comments, I wish to reiterate and again express my sincere condolences to the family of Korey Kauffman. I too, have suffered the loss of a son. Parents are not supposed to bury their children. I know the grief involved. Their grief is compounded when in court terms like “remains” , “bones”, “body bags “and “skull” are matter of factly thrown around. May Korey Kauffman rest in peace.
This morning session started off with detective Lingerfeld on the stand testifying about the collection of DNA samples from Korey Kauffman’s mother and father. And how he had taken it to a DNA laboratory and how he had to take the remains to various locations including up to Santa Cruz and then take them to Charlie Rojas in Point Richmond and back and forth expanding both time and gasoline.
While testifying, Lingerfeld had to be admonished several times by Judge Zuniga just to answer the questions and not go on with a narrative. He then indicated that he had come into contact with one Miranda “Sunny” Dykes who had been Robert Woody’s girlfriend for a period of time. For those of you who don’t remember Miranda, below is a screenshot of her encounters with law enforcement and the dispositions that may NOT be too surprising since she is a witness for the prosecution. Come on now.
This is an in-depth look at the local criminal history of Miranda Dykes. When you see the dates involved in relation to the investigation of the murder Korey Kauffman, you can draw your own conclusions:
On April 24, 2013 she was a complaint was signed for HS 11377(A) felony possession of controlled substances.
PC 273A(B) misdemeanor willful cruelty to child.
HS 11 364.1(A) misdemeanor possession of paraphernalia smoke or inject narcotics.
On or about March 23, 2015 all of the charges were dismissed.
On July 30, 2013 a complaint was signed for two counts of PC 273A(A) felony willful cruelty to child possible injury/death.
On or about January 20, 2015 Dykes apparently the pled nolo contendere to count one and count to was dismissed.
On May 15, 2014 a complaint was signed charging a violation of PC 484(A) petty theft.
On August 7, 2014 the case was dismissed.
On June 4, 2014 Dykes was arrested for HS 11377(A) felony possession of a controlled substance and for HS 11350(A) felony possession of a controlled substance.
On August 7, 2014 the charges were dismissed.
The above information is available on the Stanislaus County court index. It was placed here to present a snapshot of another prosecution witness.
He stated that when he first approached Dykes about wearing a wire, she stated she didn’t want to because Robert had beaten up some guy named “Pookey” or some other street name I couldn’t pick up, because Woody thought that “Pookey” was wearing a wire and she didn’t want to get beat up. Especially because “Pookie” wasn’t wearing a wire and so Miranda would naturally be worried about what Robert Woody would do to her if he found out she was. But Lingerfelt convinced her by stating that this was a new wire and that Robert Woody “would never be any the wiser” as “Stan” used to tell “Ollie” all the time, if you get my drift.
So Dykes consented to wear the wire and come a snitch and she was able to get admissions from Robert Woody regarding how he killed Korey Kauffman and what he did with the body. He said on the wire that he had beaten Korey Kauffman so bad he would be unrecognizable and the body would never be found. Robert Woody also said that he hated homeless people and they all had to go just like Korey. Robert Woody said his neighbor asked him to do it.
I noted that this morning the majority of all objections by the defense attorneys regarding the prosecution’s presentation were mostly all overruled. Then the testimony referred to some renamed Robert Branko who apparently lived in a house with 8 to 10 other people including children. My mind then detoured to the old children’s nursery rhyme about the “Old woman who lived in a shoe” and you know the rest.
Then there was a mention of a guy named Dominic who lived in a trailer behind the Pop N Cork liquors store. Old Dominic apparently was using and selling methamphetamine and weed. Well a guys got to make a living ya know. Patrick Hamptons career is being a criminal and stealing and Dominic’s is selling weed and meth. Witnesses remember?
I had to leave a little early before lunch to take care something on another case and when I got back from lunch break, they were playing a tape of Miranda Dykes episode with the wire. We back in the back of the gallery found the tape to be hard to decipher because of static noise. I thought at the time, detective Lingerfelt should have borrowed the wire that they gave to “Mister Microphone” Mark Davis.
At the conclusion of the tape Judge Zuniga stated that the transcriber for deputy district attorney Ferreira’s office, made too many editorial comments in the transcription. Mdm. deputy Dist. Atty. Ferreira stated that she will have it done correctly. Which takes me back to another old saying, there is never time to do it right but always time to do it over, especially at taxpayers’ expense.
Then Lingerfelt brought up a recorded statement between agent Bunch and then Mariposa County Dist. Atty. Kim Fletcher in which she stated that in a conversation with Frank Carson regarding a trial in Mariposa County that Frank Carson represented the defendant in, that Frank Carson stated he would rather defend a murderer than a thief. The inference, and all it is is an inference, was that Frank Carson might do a dastardly deed to someone stealing from him.
It is not uncommon that when someone suffers a loss due to theft, he/she has not said “If I ever catch the sucker I’ll kill him”. When a person says that, they don’t mean it literally, just figuratively. Shame, shame on me. I think that one or two times in my life I may have dropped the “K-Bomb” (kill) when someone wronged me in some manner or another. Come on folks, this isn’t rocket surgery or brain science. Darned dyslexia anyway. Not sure where agent Bunch was able to dig this witness up. Sometimes when a person, entity or agency has an agenda against someone, they take a bunch of whatchamacallit, throw against the wall and see what sticks. Just saying…
Don’t know anything about Dist. Atty. Fletcher so I have to reserve any judgment I might have as to whether or not she fits in the above mentioned description of certain female deputy Dist. Atty.’s. It was brought out by the defense that Frank Carson and Dist. Atty. Fletcher had a very volatile courtroom conflict in a Mariposa County case. I don’t know who won or lost but I am sure that Frank Carson would not want to list Dist. Atty. Fletcher on his resume either as a personal or professional reference. Just saying…
Then deputy Dist. Atty. Ferreira began a line of questioning with Lingerfelt regarding private investigator by the name of Steve Duden. Defense attorney Percy Martinez then objected to any reference to Steve Duden stating that anything between Steve Duden in Frank Carson is work product and privileged. Deputy Dist. Atty. Ferreira retorted that any work done by Steve Duden on a case accept that of the Frank Carson’s was not privileged and she quoted the Frank Drummond case, which of course the district attorney failed to note they lost. It might be prudent to be more cautious when citing certain cases. Just saying…
Judge Zuniga is going to take under submission whether it’s pertinent and relevant when discussing the conflict between Frank Carson and the Mariposa County district attorney and also whether or not work performed by Steve Duden’s work product and privileged. Deputy Dist. Atty. Ferreira also needed to point out that Steve Duden was not licensed as a private investigator. However the law does state that someone can perform private investigation duties under someone else’s license with that licensees permission.
Thinking back, after deputy Dist. Atty. Ferreira accused me of tainting the prospective jury pool back to spell ago, up to the point this hearing has come, and after hearing from and about most of the prosecution star witnesses, I believe that I may not be the only one tainting the jury pool, if you get my drift. Just saying…
So folks, this will be my last comments on the Frank Carson case for 4 to 6 weeks. Much to the relief of someone and I will let you guess who, and your first to guesses is don’t count. LOL I may consider asking Mr. Microphone Mark Davis to give me the frequency on which his district attorney provided the wire transmits in order to keep me updated while I’m in San Jose. I think I’m out of luck, but I may try. So by officially pass the baton to Marty Carlson and Tom Jensen.