August 23, 2016
We are back for the afternoon session. Jess Garcia started out his argument relating that Special Agent Johnson did a pretest and another one that could not be located. The polygraph interview should show the examinee coming into the room. Special Agent Johnson had no recollection of what went on that day and he had to use the video to refresh his recollection and to write his report. Two and a half years later.
Special Agent Johnson did not remember if Robert Woody was in custody or not. To any person with half a brain, it would be apparent that if somebody came in in an orange and white striped jumpsuit, that would pretty much give it away. Maybe Special Agent Johnson was trying to exemplify the fact that he didn’t remember much about the interview. Jess Garcia went on to state that the absence of a complete video precludes the defense accurately cross-examining Woody. That should not be allowed.
Martha Carlton Magana then stated that the polygraph had been mentioned months ago. Two weeks ago Special Agent Johnson and Special Agent Brody said they can’t find the polygraph and report. The polygraphs existence was not a surprise to Special Agent Bunch as he was present during the polygraph. The question was asked why did it take two in a half years to have the polygraph information brought out.
Ms. Magana stated that sanctions were appropriate but she was preserving them for now. There was a large hunk of video missing and no notes from Special Agent Johnson prior to the interview. The defense did not know until this statement that Robert Woody had recanted his confession. Robert Woody and Steve Jacobson talked about the case while driving. There were conversations outside of the polygraph.
The Dist. Atty. has a history of nonexistent information which was then found out after probing by the defense attorneys.
Mme. chief deputy Dist. Atty. Ferreira objected fiercely to that statement. Judge Zuniga overruled her objection much to Mme. chief deputy district attorney’s chagrin. KAPOW!! Ms. Magana went on to state that Evers had said that some of the files in the case were erased by Mr. Perry. She stated that the District Attorney’s Office is always slow in providing Brady material. She alluded to the fact that their cell phone expert Jungle Jim Cook had lied which was discovered by use of a program called “WIZEN”. I have never heard of it and do not know if that is even spelled correctly.
Ms. Magana went on to state that there was a thumb drive mystery and the game camera pictures mystery. She didn’t know if the omissions regarding the Brady material were done intentionally or through negligence. I’m sure that Mme. chief deputy Dist. Atty. Ferreira will claim negligence much like a certain politician who declares that she only sent emails that were secret because of her negligence. Mme. chief deputy Dist. Atty. Ferreira and a certain politician, what a pair to draw to.
Ms. Magana went on to state that the District Attorney’s Office is not being held responsible.
Mme. chief deputy Dist. Atty. Ferreira comes roaring back with a statement that sanctions are not warranted. She’s claiming that the discovery has all been provided. The defense has not suffered due to a due process violation
Now at this point Mme. chief deputy Dist. Atty. Ferreira begins a rattling off a Bunch of mumbo-jumbo, blah, blah, blah with everybody wondering what she’s talking about in her own little world. She states that when the defense uses the term begging the question it is actually speculation. Yawn, yawn, yawn. There was an objection by the defense to her line of questioning and the objection by the defense was sustained. Kapow!
Mme. chief deputy Dist. Atty. Ferreira then stated that Special Agent Brody called in Special Agent Johnson to avoid a conflict of interest and the conversations between Special Agent Johnson and Special Agent Brody are not relevant here. They both said they took no notes. Mme. chief deputy Dist. Atty. Ferreira states that the record is complete.
Mme. chief deputy district attorney stated that Martha Carlton Magana’s dog piling stuff to malign witnesses and their testimony. (OBVIOUSLY THE DA HAS FORGOTTEN HOW MARVELOUSLY HER DIRTBAG DREGS OF SOCIETY THIEVES, DOPERS, BURGLERS, CRIMINAL ASSAULTERS, DRUG DEALER, EMBEZZELER WITNESSES HAVE MALIGNED THEMSELVES AND THEIR TESTIMONY) Martha Carlton Magana is trying to allege prosecutorial misconduct but according to Mme. chief deputy Dist. Atty. Ferreira nothing warrants the prosecutorial misconduct attempt by Ms. Magana.
The fact that the information about the polygraph was not brought out immediately was now called by the Dist. Atty. a “huge inadvertent mishap”. That’s a term that is likened to the term that was used when Special Agent Bunch was caught lying on the stand. Then that was referred to as “incorrect” rather than what it should have been, perjury.
So now instead of a Brady violation the semantics coming out of the District Attorney’s Office now call a Brady violation a “huge inadvertent mishap”. Looking at it that way I see several persons, places or things in the courtroom that could be called a “huge inadvertent mishap”. If you get my drift. JUST SAYING…
Mme. chief deputy Dist. Atty. Ferreira goes on to state that there has been no suppression of exculpatory evidence in this hearing. Mme. chief deputy Dist. Atty. Ferreira continues her whining saying that Ms. Magana keeps saying that Special Agent Bunch had a hand in the polygraph. Wah, wah, wah, let’s call a whambulance. She stated that Special Agent Bunch was busy elsewhere until Special Agent Brody needed a ride to get some equipment. I guess they don’t issue driver’s licenses to special agents anymore. Or possibly Special Agent Bunch and Special Agent Brody needed to discuss some of the situations involving the polygraph. Just saying…
Mme. chief deputy district attorney was running off so much at the mouth that the judge asked her where she was getting this from and she stated that it was from the California Preliminary Handbook RE: 995. She stated there was no impeachment of Woody necessary because he already stated he lied to the police and the Dist. Atty.
Defense attorney Percy Martinez then responded to some of the rantings and ravings of Mme. chief deputy Dist. Atty. Ferreira. The first thing he said was that the DA was incorrect in stating that the defense asked for a 402 hearing. It was shown in the record that in fact it was Mme. chief deputy Dist. Atty. Ferreira’s idea to have a 402 hearing. KAPOW!! Wrong again.
Mr. Martinez went on to state that Special Agent Bunch knew about the polygraph and did not mention it in any report. The polygraph was only discovered because the defense attorneys dug it out, otherwise it would not have come out.
Robert Woody makes fully exculpatory statements and it’s not the Dist. Atty.’s position to decide what should be given as exculpatory evidence. The defense cannot prepare without timely information and the District Attorney’s Office has failed to provide evidence which is their duty to provide. KAPOW!!
Attorney Jesse Garcia then stated that Mme. chief deputy Dist. Atty. Ferreira had mis-stated the record what she said that Special Agent Brody was not present during the pretest of the polygraph. Mr. Garcia showed that Brody stated he was present. Special Agent Johnson had testified that he had notes for Special Agent Brody when he composed his questions. KAPOW AGAIN!!
Ms. Magana then stated that Special Agent Brody said that he knew Robert Woody denied involvement in the murder when he helped develop the questions. Mme. chief deputy Dist. Atty. Ferreira had said that Woody has been consistent. This of course is not true because he had so many different stories it would’ve filled two Aesop fairytale books. KAPOW AGAIN!!
Then Mme. DA Boo Hoo said that she is not being cavalier and that the defense has had the polygraph information for over a week and there is no reason not to be ready to proceed. She then cried out stating that she has met burden of proof regarding Brady and is not being cavalier. Mme. DA Bo Hoo really likes the word cavalier for some reason and again states that she has satisfied all the mandated requirements of the Dist. Atty.
Mme. chief deputy Dist. Atty. Ferreira must be taking drama or acting lessons in the evenings. She raises and lowers her voice to different levels which reminds me of some of the screeching one of the candidates for president does. The person I am thinking of wears pants. Oh wait. I guess I better clarify that one and say the person I’m thinking of is married to a woman. That should clear it up. She then gives more mumbo-jumbo and states that she’s the one who caught the situation about the polygraph.
Defense attorney Percy Martinez then stated that the DA says that the defense has all the discovery. He then stated that the DA caught nothing and the 70 to 80 hours work that the defense attorneys put in going over Robert Woody statement is what caught the issue about the polygraph, not her or her minions.
He also stated that both Special Agent Bunch of Special Agent Brody obviously knew about the polygraph and why didn’t they make a report about. That information should have been turned over last September when Judge Manoukian told the Dist. Atty. to turn over all the discovery which they failed to comply with.
Then as today was closing, Mme. DA Boo Hoo was whining that one of the comments that Martha Carlton Magana made was personal toward her. And she wanted her to apologize. Judge Zuniga stated that both the defense and the prosecution should know that because of the “culture out here” that is normal. The judge said if you remember Mme. DA Boo Hoo, yesterday you said something to Mr. Garcia that you expected to be taken in jest. So owing to the culture here that’s normal.
Just in case Mme. DA Boo Hoo doesn’t get it, the judge is telling her to suck it up, put on your big girl panties and grow a, oh never mind. You get my point.
It was quitting time and rather than rule on the motion now the judge will give her ruling in the morning. Court will reconvene tomorrow morning at 9:30 AM. Be there or be square.
FREE THE FRANK CARSON 8