MAY 18, 2016
Today was probably the best day for the defense thus far in this preliminary hearing. The very best thing happened at the very end, after many of the audience members had left the courtroom. Much of the wiretap evidence was thrown out.
One of the excluded portions should completely exonerate one of the defendants, but this person will have to endure the rest of the preliminary hearing before the charges against this person will most likely be dropped.
A request for certain transcripts at the end of the day puts the entire case presented by the prosecution in great jeopardy. Now sit back once again, and I will paint another picture of the events of today. This is, in my opinion, the single most important day in this never ending witch hunt nightmare that the defendants are having to endure.
We start the day early today, with Defense attorney Percy Martinez presenting his motion to exclude the video recorded visit by Detective Frank Navarro, and Detective Jon Evers to the office of Frank Carson.
I got to court about midway into the arguments. Percy Martinez was arguing that Frank Carson’s Miranda Rights were violated by the detectives when they did not leave Frank’s office when he demanded that they do so. Percy Martinez requests that Judge Zuniga go over the testimony of Detective Frank Navarro. Percy states that Navarro identified Frank Carson as a murder suspect in the Korey Kauffman case. Percy states that the detectives continued to occupy the Carson office after they were asked to leave. He said the officers came to the office after hours, and that the contact was involuntary.
This, according to Percy Martinez, triggered an angry response from Frank Carson that was captured on the video recording. In my opinion, they were acting like a “Cock teaser at Roosterama.”
I think they were there to infuriate Frank Carson, and they certainly succeeded. Judge Zuniga states that she had reviewed the Navarro testimony over the weekend. The judge said that the Navarro testimony was inconsistent with what was on the tape. She stated that Frank was never interrogated, and that “Mr. Carson just exploded.” She said that the door was open, and that no guns were drawn, and that his conduct was voluntary. Percy Martinez’s motion was denied.
After a break, we get into a wiretap recording of Frank Carson calling Christina DeFelippo and Georgia DeFelippo while they were driving about 45 miles out of Bakersfield. Frank describes how their properties had been searched, and he talked about the damage that had been done during the searches.
He describes how law enforcement had broken into the barn, broken down the doors to their homes, and done a search. Georgia asks Frank: “Did they find any dead bodies?” Frank: “Hell No.”
Frank tells Georgia how the detectives had showed up at his office and tried to ask him questions. Detective Frank Navarro was one of the officers. Frank told how he told them to put their questions in writing.
He also told how he had sent them a fax. He told them he would not deal with Detective Navarro. Frank told Georgia how the detectives had tried to get a local judge to sign a search warrant, but that they had to go to a Santa Clara judge to get it signed. Frank said that the Detectives theory was that “he hired some thugs to kill the guy.”
Frank described how he had asked the “Indians” to “keep an ear on the ground” for information about this situation. Frank stated that “I assume they are listening to my calls.” Frank: “Whenever you get here, I will talk more.” Frank then stated that this is “Just a witch hunt.”
Huge objections to this wiretap followed on the basis of relevancy. Marlissa Fereirra goes on a 25 minute tirade of arguments.
In the end, Judge Zuniga stated that both sides are right and wrong on this issue. She throws out Georgia’s question about if they “Found any dead bodies.”
As far as we can see, this is the only evidence against Georgia in this case. I think she will not have to continue in this case after the preliminary hearing ends.
Judge Zuniga lets in the part about the local judges not signing the search warrant. The issue here seems to be that Frank did not say to Georgia that the reason was all the local judges felt they had conflicts, and he had said that to someone else at another time. This made his statement inconsistent. Judge Zuniga disqualifies most of the remainder of this recording. Marlissa looks destroyed at this time.
The next cell phone intercept concerns a call between Robert Woody and Daljit Atwal where Daljit is heard telling Woody to “come down to the store, I have something for you.” Marlissa Fereirra keeps insisting that Daljit had said: “Come down behind store.” The tape was played several times, and the judge could not hear that being said. Judge Zuniga is going to listen to this tape at home, and make a ruling later.
The next cell phone intercept concerns a call from Robert Woody where he is heard saying that he has to “voluntarily turn himself in, or they will arrest him.” Judge Zuniga will decide on this one later as well.
The next cell phone intercept was a very short one where Daljit Atwal calls Robert Woody and tells him to come over. There were no objections to this one. The judge lets it in.
The next call is a Punjabi call where Daljit Atwal talks about the private investigators Frank Carson had hired. It is argued that this in not a consciousness of guilt issue, and that it is not relevant. Judge Zuniga says it is relevant that Frank Carson had identified himself as a private investigator, and lets that portion of the call to be admitted into evidence.
We are told that there are anywhere between 5 to 8 more cell phone intercepts that the prosecution intends on using. Very little of this seems to be of any significance to me.
It is now after 4:30 PM, and Defense attorney Percy Martinez brings up transcripts of interviews of Robert Woody that have been requested for close to six months.
DA Investigator Steve Jacobson is asked by the judge about these transcripts, and if they are ready. She is very agitated with Jacobson at this time.
He states that only one of the many transcripts is ready at this time, and that the others need to be checked for mistakes.
Judge Zuniga orders the prosecution to turn over all these transcripts by tomorrow, regardless of their present state of completion. Marlissa looks absolutely destroyed. Marlissa is also reminded that tomorrow she has to turn over the voice stress analysis evidence. She states that the person that is the expert on this matter is out of state until May 29th.
Here is the problem for Marlissa as I see it. DA Investigator Kirk Bunch did Prop 115 testimony for Robert Woody months ago. This was allowed because Marlissa Fereirra stated that he would be testifying later in the preliminary hearing.
For some reason, he has not testified, and there is a real question if he is going to testify. If she does not bring in these requested transcripts, the whole basis for this prosecution is in jeopardy.
These transcripts consist of hundreds of pages. She needs to get them ready overnight. Woody might even be called as a witness by the defense. I would not be surprised by that at all.
The second issue is the testimony of Beverly Woody. Remember, this lady has a memory like a sieve, because of her bout with Valley Fever, and her failing health. Her testimony contains a plethora of reasons that the defense can get it thrown out.
First and foremost, she testified that she was willing to lie in order to save her son. Her testimony about the infamous letter that was allegedly written by Robin Attenhoffer is another issue. This letter, according to what I have heard was most likely written by a man. The letter also was postmarked from a Sacramento Post Office, and not from Turlock. In that letter Robin allegedly tells the Woody family about the details of the Korey Kauffman murder.
If Beverly Woody’s testimony is tossed out, the prosecution has no case. Game over. This could get interesting folks. The truth is about to set them free.
Sincerely; William Thomas Jensen (Tom)