AUGUST 9, 2016 – Today was Robert Woody’s second day of testimony. Prosecuting DA Marlisa Ferreira spent most of the day going over the same questions that she asked Robert Woody yesterday.
It seems like she thinks if she asks a question often enough, she will finally get the answer that she wants. Time after time she was objected to for asking leading questions to Robert Woody. She seemed to ignore all the objections, and kept doing this the entire day.
Judge Zuniga was asked by the defense attorneys to admonish her for doing so, but the judge seems to be doing everything she can to make things work for Marlisa. At times, it seemed like Judge Zuniga was showing Marlisa how to present her case.
The judge steadfastly refused to deal with Patrick Hampton dropping the F Bomb to the defense attorneys in the courtroom. Now the judge steadfastly allows Marlisa to use leading questions to try to coach the answer she desires from her witness.
We start out the morning session with the judge discussing new discovery that has been turned over to the defense. These include a Jessica Crisp transcript (Walter Wells’ Girlfriend), pictures taken off of Walter Wells’ cell phone, reports from Detective Barringer and Detective Brown, and material concerning images from Google Earth and Apollo Map. It also includes polygraph analysis on Robert Woody by the California Department of Corrections.
Robert Woody took the stand at 10:21AM. Marlisa starts asking him questions about Baljit Athwal checking on the Carson property. Woody says that Baljit Athwal did not say he went to the Carson property before his interview with Bunch and Evers. Marlisa then tries to ask Woody if he recalled saying that Baljit Athwal was checking on the property 2 days prior to Korey Kauffman’s alleged murder. This was objected to, and the objection was sustained. Marlisa gets Woody to say it was mentioned by Daljit Atwal, but this was objected to on hearsay grounds. The judge takes the testimony subject to a motion to strike. God she does this a lot. It frustrates me.
Woody states that Baljit Athwal was at the store the entire night, but then says he left the store around 45 minutes before closing. This was around 1:15AM. Robert Woody said he left the store between 1:35AM to 1:40AM. There are objections to this line of questioning. Woody is taken out of the courtroom for an offer of proof. Marlisa says Daljit and Baljit would tell the officers to spotlight the Carson property at night to discourage theft.
The defense attorneys object that Marlisa is using the police reports, and not the transcripts for these arguments. They object to the line of questioning being hearsay, improper impeachment, and being compound. Defense attorney Percy Martinez says that Woody has been proven to be lying to the officers at that time. Martha Carlton-Magana says that it is an out of court declaration, it is hearsay with no exception. Marlisa says that it is from a transcript. Eventually, Judge Zuniga overrules the objections.
Woody states that Daljit and Baljit asked the Turlock Police Department, Merced Police Department, Merced Sheriff’s Department, and the CHP to spotlight the Carson property. I heard Frank Carson make a comment about the Coast Guard. Frank still has his sense of humor it seems.
Marlisa starts asking questions about Carson having property stolen. This was objected to, and Marlisa withdraws the question.
Marlisa: “Yesterday I asked you about moving the body, you felt obligated. Woody makes a comment that made no sense at all by saying: “Put me involved with it.” Marlisa tells Woody about how he said that Daljit told him to keep his mouth shut or he would end up like Korey Kauffman.
Woody says that Daljit would get him legal representation. This answer was stricken by the judge. Marlisa tries again with this line of questioning by asking it a different way. She talks about the second meeting with Frank Carson, and asks Woody if Frank Carson told him he owed Daljit Atwal a favor. Woody says: “yes, if I go and check on the address.” Judge Zuniga asks Woody about this and Woody says that he was told by Carson that law enforcement was lazy and didn’t do their jobs.
Marlisa: “Yesterday, you said Frank Carson told you to not go over to Michael Cooley’s and cause any problems. Woody stated that Carson didn’t want to be under investigation. Marlisa: “Who used the term “Baiting?” Woody said both Daljit Atwal and Baljit Athwal used this term. Marlisa asks about Baljit, and Woody talks about Baljit setting some objects out there as bait.
Marlisa: “Say what?” Woody: “Pipes out by the fence on Carson’s property. Marlisa then asks about Daljit Atwal, and Woody says he did not speak about baiting.
Marlisa: “Where did you get the shovel? Woody says the shovel was used around Pop N Cork, Marlisa: “How did you know to go to the side yard of Pop N Cork?” Woody said it is open land with a fence around it. He said that he talked to Baljit Athwal at the Carson property, and it was his idea to use the side yard at Pop N Cork to bury the body.
Woody said that at the Carson property, he saw Baljit and Korey Kauffman struggling on the ground. He said that Korey Kauffman was: “Like a cat trying to get away from a dog.” He said that Daljit and Baljit had Korey Kauffman by the shirt.
Woody said that after Korey Kauffman was killed, they put him on a tarp. He said he discussed this with Baljit, but it was his idea to put him on a tarp. This was objected to, and the objection was sustained.
Marlisa asks Woody if he: “Heard any hollering?” when he first got to the Carson property. Woody says: “No.” Big objections to this from the defense attorneys, and Marlisa says: “Their arguments are argumentative.” No shit Sherlock. That’s what arguments are all about.
Woody said he continued to work at Pop N Cork after the night of the murder. He said he went to work the next day during the daytime. He said that Baljit was there. Woody said he did not talk to Baljit or Daljit about the previous night’s events. He said he heard no conversations about the previous night’s events.
Marlisa asks Woody if he was getting paid for his work. Woody states that he was just getting cigarettes and store credit, and help with family bills. He said he never discussed his pay with Dalji Atwal and Baljit Athwal.
Woody is asked by Marlisa about moving the body of Korey Kauffman. Woody admit he helped to move the body. He said the body was moved around 20 days after he was allegedly buried at Pop N Cork. He says the body was moved a day before they burned the pickup truck. This works out to the night of 04/26/2012. Woody states that it was Baljit Athwal’s idea to move the body. It is now time for our lunchtime break.
After lunch, Woody says that he agreed with Baljit that they needed to move the body. Woody said that he did not discuss this with anyone else. Woody said that Walter Wells was not at the store when the body was moved.
Woody testified that Baljit helped him dig up the body, and Robin Attenhoffer was on the side yard when the body was dug up. He said that the gate to the side yard was closed when the body was dug up. He said that there was no vehicle on the side yard when the body was dug up. He said they removed the body still wrapped up in the tarp, and put it into the back of the pickup truck. They did not cover the body with anything else when they put it into the pickup bed.
Woody said that he and Robin Attenhoffer went with Bobby in the pickup truck and drove to the mountains. He said that Daljit Atwal followed them in his black BMW. He said the store was open when they dug up Korey Kauffman, and Daljit Atwal was at the cash register. He said it took 9-10 minutes to dig up the body, and they did not tell Daljit Atwal when they left with the body.
Woody said they made no phone calls during the moving of the body. He said he was not told to not have a cell phone with him. He said it was Baljit Athwal’s idea to move the body to the mountains.
He said they drove in silence, and it took 1-1.5 hours to drive to where they went in the mountains. He said there was not very much traffic, and he was not paying attention to where they were going. He said they traveled on asphalt, then a gravel road, and then a dirt road. He said they passed no towns during the ride, and he had never been there before.
Woody said that he never went back to the burial site, but it is soon brought out that on 08/15 investigators took him up to the area of the burial site. Marlisa asserts that the investigators took him to the general area where the body was found, and that Woody took them to within a few feet of where the body was found. There were many objections to this, but the objections were overruled.
Woody said that Baljit Athwal decided where to take the body, and he asked no questions. He said when they go there, they turned around the truck in a camping area. He said there was a brushy steep decline that then went flat. He said they had no flashlights, but there was moonlight, and starlight. They unloaded the body, and Baljit Atwal went down the decline first holding Korey Kauffman’s tarp wrapped body by the head. Robert Woody said he held Korey Kauffman’s body by the feet. They took the body down the decline about 30 yards, and unfolded the tarp, and rolled the body out. He said he ripped open the black bag containing the fingers and the toes, and scattered them in the brush.
Robert Woody then speaks of rags that were used to absorb the blood from the body. He say he put the rags in the tarp, and put the rags and tarp in the back of the pickup bed. They left the body on the ground. He says they were in a hurry, and didn’t want to get caught. He said that Baljit Athwal told him to: “Hurry up before we get caught.” He said that Robin Attenhoffer stayed in the truck the entire time.
Woody said he burned the sheet rock knife and the rags in a BBQ pit at Pop N Cork, and threw away the tarp after putting it in a black bag. He said he put the tarp in the trash.
Woody said it took 10 minutes for them to dump the body in the woods. He said he talked with Baljit about the pickup truck at Pop n Cork when they got back. He said the store was closed when they got back from the mountains. He said that Daljit Atwal was at the store when they got back. He did not talk to Daljit. He said that Baljit did not talk to Daljit when they got back. Woody said that Walter Wells was not at Pop N Cork when they got back from the mountains, and his car was not at Pop N Cork as well.
Woody said that it was his idea to burn the truck, and Daljit Atwal was part of the conversation about burning the truck. He said that Baljit Athwal agreed that they needed to burn the truck. He said he got some gasoline from the side yard of Pop N Cork that was used for the lawn mower. He said that he and Robin Attenhoffer drove the truck out East Ave in Turlock to where it dead ends. He said that Baljit Athwal gave him the keys. He said that Daljit Atwal followed them, and gave them a ride back after setting the truck on fire. He said it was about a 25 minute drive.
Woody said they doused the truck inside and outside with gasoline, and set it on fire with a cigarette. Woody said that Baljit took a gym bag out of the truck and some papers from the center console before they burned the truck. He said they filmed the burning truck on a cell phone for 1-2 minutes. Woody said all you could see on the video was an orange ball.
Woody said they drove back to Pop N Cork in Daljit Atwal’s black BMW. Daljit Atwal was driving. He said that Baljit Athwal was at the store when they got back. He said it was still dark when they got back.
Woody said he burned the rags in a BBQ pit the next day. He said that when they got back to Pop N Cork after burning the truck, Daljit drove Baljit home. He said that Baljit Athwal was out front of the store when they got back from burning the truck. Woody said that he and Robin Attenhoffer walked home after getting back to Pop N Cork that night.
Woody said that Baljit Athwal was going to make a police report on a stolen truck when he got home. He did not want to report the truck as being stolen from Pop N Cork. He said the insurance money would help to pay off a credit card balance. Woody said he was at work at Pop N Cork the next day before noon.
Woody said he burned the rags around noon the next day at Pop N Cork in a BBQ pit. He said he burned the sheetrock blade in the BBQ pit with the rags, then put the burned items in the trash.
Marlisa asks Woody why they decided to move the body. He says the cops had come by the store about one week before they moved the body.
Marlisa asks Woody about a search warrant that was served on him in July 2012. Marlisa: “Do you recall that?” Woody: “Yes.” Marlisa: “Did you get a call from Baljit?” Woody: “Yes.” Woody said that Baljit told him that investigators came to the store to talk to him. Woody said that they were private investigators that were sent to the store by Frank Carson. Woody said that law enforcement officials showed up at the store at the same time.
He said that Baljit Athwal told him to leave the area, and to go to where Daljit was at. Daljit was at the front register. Woody said he was in the liquor room when the cops showed up. Woody said there were camera monitors there where he could see what was happening. He said the investigators were getting ready to take some shots of alcohol.
Woody said that Daljit told him to go home, and that he would call him when they left. Woody said he got a call around 30 minutes later, and he came back. Woody said the investigators never went to his house, and never told him to keep his mouth shut. I don’t think Marlisa was pleased with his answer to this question. This basically takes Frank Carson out of the conspiracy.
Woody said he left California in 2012 and went to Washington State. He did this after the search of his home. He stayed in Washington for around two months. He said he came back because he was on probation. He said he went to Washington to help his ex-wife with their kids who were having trouble at school. He said that Baljit and Daljit gave him $500.00 for the trip after he asked for some money.
Woody said that Baljit and Daljit thought it was a good idea that he go up to Washington to help his ex-wife with his kids. Woody said he used an alias of Bob Williams when he traveled by bus to Washington. He said he did this because he was on probation, and was not supposed to leave the area.
Woody said he talked on the phone with Daljit and Baljit while he was in Washington, but had no discussions about the investigation or Korey Kauffman. He said that Baljit told him: “Why not just stay there?” after he asked for money for a bus ticket back to Turlock. After that, Woody said he asked his family for money to get back to Turlock. Woody said the family gave him the money he needed to get back to Turlock.
Woody said that Baljit Athwal treated him normally when he got back to Turlock. Woody said that Baljit told him that it was: “No Biggie” about him coming home from Washington. Woody said he went back to work at Pop N Cork after about one month. He said he was paid irregularly, and got store credit, and had some dental work paid for by the Athwals. He said the Athwals paid $400.00 for him to get his teeth pulled out, and started making $200.00 monthly payments on a $10,000.00 bill for dentures. He said the Athwals made 6 or 7 of these payments, but he still owes $10,000.00 for the dentures. The work was done at Family Dental. Robert said the bill was sent to his house. Marlisa asked Woody if the payments from the Athwals stopped after his arrest, and Woody said: “Yes.”
Woody said he father told him that Baljit Athwal had come over to talk to him. Woody said his father had worked at Pop N Cork. Woody said that Baljit had said: “Keep your mouth shut, and all of this will go away.” Woody said that Baljit and Daljit would give his father money to put on Robert Woody’s book while he was in jail.
Woody said he heard Baljit and Daljit talking about filing a law suit when nobody else was present. He said the law suit they discussed was for damage to their store caused by the investigators during the search warrant, and that the law suit would cause them to stop.
It is now after 4:00PM, and I must attend to some personal business. I think the testimony is almost finished, but I must leave.
Sincerely; William Thomas Jensen (Tom)