FRANK CARSON CASE 04/26/2016
Today was a total waste of time. Prosecution witness Beverly Woody answered most of the questions by saying: “I don’t remember.” She is at the point where she can’t remember who told her what, or when anything happened. Beverly could not remember anything concerning the three audio tapes that we listened to yesterday. Time after time, she denied saying things on these tapes that she heard herself say yesterday. For the life of me, I don’t know how the judge can rely on any of her testimony.
Court starts out at 9:50 AM with defense attorney Robert Forkner requesting Robert Woody’s jail logs. He wants all recorded Stanislaus County logs concerning Robert Woody while he has been incarcerated. He also wants all of the phone logs for Robert Woody to be turned over.
Prosecuting DA Marlissa Fereirra makes an explanation about an instance where Steve Jacobson stayed with Beverly Woody at her house and spoke to her before Kirk Bunch came over and did a recorded interview. She stated that Steve Jacobson stayed with Beverly Woody until Kirk Bunch came over because of her medical condition, and immobility. Steve Jacobson did no recording of his conversation with Beverly Woody, and waited for Kirk Bunch to do the recorded interview. This interview was done on February 26, 2014.
Talk then goes to an instance on August 19, 2015 where Steve Jacobson had Robert Woody at the DA’s office awaiting a waiver of confidentiality. Beverly Woody was allowed to visit with her son Robert Woody, and this visit was unrecorded. During this visit, Beverly was shown a letter that was allegedly written by Robin Attenhoffer on her death bed. No recording of this was done as well.
Prosecuting DA Marlissa Fereirra talks about how the reenactments done at three different locations, and their corresponding reports and videos have all been discovered. She talks about how all the jail calls for Walter Wells, Daljit Atwall, and Baljit Athwall have been discovered as well. Robert Forkner asks her if these calls were from the downtown jail. Marlissa tells Forkner they were done at the public safety center. Forkner then brings up the fact that Marlissa, two days ago, had said that no calls are recorded at the public safety center. Forkner now requests the phone calls from Robert Woody while he was at the public safety center. He was told two days ago that they had not been recorded. Marlissa tells the court that she will not be using phone calls concerning Walter Wells in the preliminary trial.
Now comes the totally useless cross-examination of Beverly Woody. As the title says, her mind is like a sieve. It is the opinion of several people sitting around me that her memory is actually very selective. I am not sure if this is the case, or she is suffering from the effects of Valley fever.
At 10:04 AM, defense attorney Robert Forkner asks Beverly Woody if she talked to her son Robert on Friday of last week. I believe she said that she had done so. Talk goes to Sunny Attenhoffer telling Robert Woody that she needed his help in order to get her children back. Forkner asks Beverly Woody if Miranda Dykes had ever talked to her about an attorney. Beverly said: “No.” Forkner is now done with cross-examination.
Defense attorney Jesse Garcia now takes over on cross examination of Beverly Woody. Jesse Garcia starts asking a series of questions about the three recordings that Beverly listened to yesterday. He asks Beverly if she recognized her voice. Beverly says that her voice sounded like an old person. Garcia asks Beverly about the first recording that was done with Kirk Bunch and Steve Jacobson. He asks her if that was the first time he had met Steve Jacobson. Beverly says she is not sure. Garcia asks Beverly whether Kirk Bunch and Steve Jacobson were present on July 13, 2014 during the police search of her home. She said: “No.” Beverly talks about how a masked police officer had threatened to kill Robert Woody if he found him in the house. The officer told this to Beverly as he was walking out of the house.
Beverly says that she lives two doors down from Pop N Cork liquors on the same side the street. Talk goes to a February 26, 2014 incident where Kirk Bunch told Beverly that Robert had made some threats against one of the prosecution’s main witnesses. Beverly admitted that. Now starts a long series of “I don’t remember” responses from Beverly. Jesse asks her if she did not tell the police that her son Robert buried the body of Korey Kaufman. Beverly says: “I don’t remember.” This seemed to be her frequent response today on questions she didn’t want to answer. Beverly denied that Kirk Bunch had told Robert that he would get consideration if he cooperated. This could be heard clearly yesterday on one of the recordings, but she couldn’t remember this. Jesse asks Beverly if she heard the tape. Beverly still insists that she can’t remember hearing Kirk Bunch offer consideration for cooperation. Judge Zuniga tells Jesse Garcia that Beverly has already been impeached.
Jesse Garcia asks Beverly if Bunch told her that a trap had been set for Korey Kaufman. Beverly denies that Bunch had said a trap was set. This could be clearly heard in the tapes we listened to yesterday. Jesse asks Beverly if Kirk Bunch told her that Robert was involved with a homicide involving special circumstances. Beverly says: “No.” This also could be heard clearly in the tapes. Beverly also denies hearing Bunch say that it was a premeditated murder. This was also on the tapes. Beverly is essentially denying everything we heard yesterday.
Jesse Garcia then asks Beverly if the Athwall’s cousins were involved. Beverly talks about a cousin, with the nickname of “Snake”, and how Daljit Atwall and her son Robert gave him a ride to the airport.
Jesse then asks Beverly about a time on February 26, 2014 where she told law enforcement that Korey Kaufman had been killed on his own property. Beverly denies saying this. This conflicts with reports that have been discovered.
Beverly Woody is asked by Jesse Garcia how many people were on the Frank Carson property that night. Beverly says there were four on the property, plus one outside of the property. Jesse asks Beverly if in February 2014 Kirk Bunch had told you four people were on the property. Beverly denies this. This is in direct conflict with testimony we have heard during this preliminary trial. Jesse Garcia asks Beverly if Kirk Bunch told Robert he could work something out for Robert. Beverly says: “No.” Yesterday, we could hear Kirk Bunch clearly make that statement on one of the tapes. Jesse Garcia asks Beverly if Kirk Bunch had told her that Robert Woody knows specific facts that only the killer would know. Beverly says: “No.” This could be heard on the tapes as well. Jesse asks Beverly if somebody else told her that. Beverly says:”No.” Jesse asks Beverly if she had told Kirk Bunch the truth. Beverly says: “I can’t remember.” Jesse Garcia asks Beverly if she lied for her son. Beverly says: “I don’t know.”
Beverly admits that it was at Pop N Cork that Robert Woody pulled Baljit Athwall off of Korey Kaufman. At this point, defense attorney Robert Forkner complains about Marlissa Fereirra making “Speaking objections.” Forkner’s objection was overruled. Beverly now states that this incident happened at a Hilmar bar. She seems to be getting increasingly confused on the stand.
Jesse Garcia talks about February 26, 2014 where Kirk Bunch tells her that Baljit Athwall and somebody beat Korey Kaufman. Bunch told Beverly that: “Your son was there and that is how he knows what happened.” Beverly denies that Bunch said this to her. This could clearly be heard on one of the tapes.
Jesse Garcia asks Beverly Woody how many times she talked to Robert Woody about Korey Kaufman being killed. Beverly says twice before the arrest, and once after Robert was arrested.
It is 11:28 AM, and we return from a 15 minute break. Jesse tells Beverly Woody that she told Kirk Bunch and Steve Jacobson that Korey Kaufman was killed on his own property, and that she knew that was a lie. Beverly says: “I can’t remember.”
Jesse Garcia asks Beverly if she and her family followed the newspaper articles and Internet articles during the investigation of her son. Beverly denied that they did this. Beverly then admitted that they read the Turlock Journal at times. She says that after her home was searched on July 12, 2014 her grandson read an article in the newspaper to her. Beverly said she did not know if anyone read Internet articles to her during the investigation.
Talk then goes to the search of Pop N Cork liquors on July 12, 2014. Beverly said all her family saw the search in progress. She said the police took her family out of the house, and held them at gunpoint. Beverly lives two doors down from the liquor store.
Jesse then asks Beverly whether on August 19, 2015 she talked to law enforcement and told them information that she had learned from Robin Attenhoffer. Beverly said: “Yes.” Jesse asks her if this information was a lie. Beverly says: “No.” Jesse Garcia: “When you said Korey would not talk to you, was that a lie?” Beverly: “Yes.” Jesse Garcia asks Beverly whether Kirk Bunch told her that there was an upcoming bail hearing for the defendant’s, and Beverly said: “I can’t remember.”
It was brought out that the Athwalls had bought two boxes of Nyquil for Beverly per month while she had pneumonia. Beverly said that her son did lots of work for the Athwalls for all that stuff. We break for lunch.
At 1:53 PM, Jesse Garcia continues his cross-examination of Beverly Woody. He asks Beverly Woody if she recalls when she first learned that Korey Kaufman’s body had been recovered. Beverly can’t remember this. Jesse Garcia asks Beverly whether on February 26, 2014 Kirk Bunch and Steve Jacobson talked to her about Korey Kaufman. She couldn’t remember this. Garcia asks Beverly if her son Robert had confessed and bragged about the killing of Korey Kaufman. She could not remember this. Jesse Garcia tries to get Beverly to admit that she had heard about newspaper articles that gave details about Korey Kaufman. Beverly says that she had heard stories about Korey Kaufman being cut up etc.
Approximately one month after Korey Kaufman went missing, she heard about deer hunters finding the body. She is not sure if she heard about this from newspaper articles. Jesse Garcia asks Beverly whether on the August 19, 2015 interview Steve Jacobson told her that Korey Kaufman’s fingers and toes were cut off. Beverly said: “Yes.” Beverly rambles on about how Baljit held Korey Kaufman’s hands and Daljit held his legs while he was being cut up. Jesse Garcia asks her if Robert Woody had told her that this. She could not remember.
Beverly Woody says that when she visits her son they don’t talk about anything but the grandbabies. She says that during these visits Steve Jacobson stands by the door, and another person is outside of the door. These visits occur at the district attorney’s office. Beverly said that on the day that she was shown the infamous letter, she talked about it with the investigators.
Beverly Woody is handed a copy of this letter and says ‘It looks like it, I don’t know.” Jesse Garcia asks Beverly that on August 19, 2015, when Steve Jacobson handed the letter to her, she recognized it. She said: “Yes.”
Beverly Woody said Robin Attenhoffer told her that Robert Woody had said that Korey Kaufman had been beaten and shot. Beverly says that she heard that they recovered a bullet, a jacket, and three boots. I wonder what the third boot was for? She couldn’t remember who told her this. She denied that family members had told her this. She said people on the streets told a lot of stories about Korey Kaufman.
Talk then goes to how she had met Frank Carson. Beverly said Frank was her son’s lawyer at one time. Frank represented her son on a stolen truck case, and she met him in the courtroom.
Talk then goes to how allegedly Baljit Athwall and Daljit Atwall, and Robert Woody transported Korey Kauffman’s body to Pop N Cork. She said Daljit went ahead of them. She said the body was buried on the side of Pop N Cork, and was moved to the mountains.
Beverly Woody said she has spoken to her son on the phone one to two times per month while he has been in jail. She says he is in a cell by himself 23 hours per day, and can’t talk to anyone. While Robert was held in Modesto, she was able to visit him three times a week. She stated that she has visited him 50 times or more.
It is around 3:00 PM, and we go on a break. I can’t take anymore of this useless testimony, and I head home. Judge Zuniga told Marlissa Fereirra that she could not see any good coming from Beverly Woody’s testimony, when it began days ago. I certainly think she was right. Once we are done with her testimony, we will get Patrick Hampton back on the stand. That should be interesting to see.
I must once again commend the Modesto Bee reporter for watching today’s testimony. It seems as though he has an interest in seeing this trial firsthand, and not depending on others to feed him information.
Testimony resumes tomorrow at 9:30 AM.
Sincerely; William Thomas Jensen (Tom)