BY WILLIAM THOMAS JENSEN (TOM)
HER WOODY PROBLEM IS WORSE…JUDGE WANTS TO SEE WOODY IN COURT
KEY EVIDENCE TOSSED AND MORE…WOODY CHANGES STORY AGAIN
FRANK CARSON CASE
JULY 27, 2016
I have written that the truth is about to set them free. I am more certain today that this is absolutely true. It is about to happen people. This was positively the best day for the defense that anyone could possibly ask for. This case is going nowhere but down for her. All her evidence is evaporating and her new theories of guilt are ridiculous.
Much of what transpired today was put into place in the last few days. I had heard rumors that Robert Woody had made a deal. There was hushed talk about a deal made that would let Robert Woody off with a sentence of 10 years for a change in his testimony.
All of this happened while DA Investigator Kirk Bunch was out of town for vacation. I heard he went to Hawaii. Robert Woody’s main attorney Bruce Perry was not in town, and another attorney in his office named Martin Baker was in court in his absence.
It appears that the DA’s Office was so stressed about the sad state of their case, that they would let the confessed killer of Korey Kauffman off with as little as 10 years for changing his testimony.
Korey Kauffman had made statements that conflicted with the testimony of his mother Beverly Woody. That is the same Beverly Woody that testified that she is willing to lie in order to save her son. We had some key evidence thrown out by Judge Zuniga this morning.
I will now try to paint another picture for you of what I consider to be the single most important day of testimony during this entire preliminary hearing.
We start out the morning taking up a motion to strike the testimony of Kimberly Stout. Ms. Stout had made statements to DA Investigator Kirk Bunch.
She allegedly told Bunch that she had knowledge that a black BMW had driven by the residence of Korey Kauffman, had paused in front of the house, and someone in the car had told Korey Kauffman: “Your Ass Is Grass.”
Kimberly Stout allegedly told Bunch that she made contact with Korey Kauffman, and he had told her that the guy had threatened to kill him.
Judge Zuniga made Marlissa start out, because she had the burden of proof with this motion. Marlisa states that Korey Kauffman perceived what had happened as a threat. Marlisa was joined in the courtroom today by Carrie Goulart who writes the motions for Marlisa.
Defense attorney Jesse Garcia responds to Marlisa by stating that the judge should consider all of Bunch’s testimony. He states that all of Bunch’s testimony is orchestrated by Kevin Pickett.
Garcia states that: “We know that John Paden has nothing on his record.” Garcia states that Paden lives next door to Kevin Pickett.
Garcia: “Paden tells us that he was gardening while Korey Kauffman was dismantling some items to scrap.” John Paden was approximately 15 feet away from Korey Kauffman when this incident allegedly occurred. Paden heard the “Your Ass Is Grass” statement from one individual that he saw in the car.
He only saw one person in the car according to his testimony to Bunch. Paden said he saw Korey Kauffman flip the bird to the person, and the person drove away.
According to Jesse Garcia, Paden told Bunch that Korey Kauffman remained in his front yard dismantling the items for 45 minutes. Paden told Bunch that there was at least 45 minutes before Korey Kauffman had talked to Kimberly Stout. Marlisa had argued that it was only 3 minutes that went by before she had the conversation with Korey Kauffman.
The defense attorneys talk about the multiple layers of hearsay that exist in this situation, and the testimony should be thrown out. The time period that elapsed before Kimberly Stout had her conversation with Korey Kauffman was a key element.
Marlisa tries to say that Korey Kauffman made his statements to Kimberly Stout because he was afraid. This was shown by the defense attorneys to conflict with what Korey Kauffman had said.
Korey Kauffman stated that he did not take the comment as a threat. This is another key element to Marlisa’s arguments for an exception to the hearsay objections.
The defense attorneys show how Kirk Bunch had coached Kimberly Stout to give certain answers by providing information during his interview with her. They state that over two years had gone by before Kimberly Stout had made her statements to Kirk Bunch.
Defense attorney Martha Carlton-Magana states that Ms. Stout is not a witness to the event. “She wasn’t there” Martha states that an extreme amount of time had transpired between the event and her statements to Kirk Bunch.
Defense attorney Percy Martinez states that the statement was made years after the fact. He states that Kimberly Stout is a drug addict friend of Michael Cooley.
Defense attorney Martha Carlton-Magana states that the defense was prevented from doing a complete cross examination on Kirk Bunch concerning this issue because the judge said they could take up the issues during cross examination of Robert Woody. Woody has thus far refused to testify. That is the “Woody Problem” that Judge Zuniga keeps reminding Marlisa about.
Defense attorney Jesse Garcia states that “We should accept Paden’s account.” He states that the prosecution was suggesting things that Kimberly Stout would then agree to as happening. He states that Kimberly Stout was coached, and her statements lack sufficient reliability.
Marlisa has argued all along that there were two people in the Black BMW. Defense attorney Percy Martinez states that John Paden saw only one person in the black BMW, and that person was not Baljit Athwal or Daljit Atwal. I notice at this time that Marlisa Ferreira has a sick look on her face. It is going to get a lot worse for her as the day goes on. The boil on her face is really erupting. Puss is on the way.
It is now 11:42 AM, and the arguments are totally submitted. Judge Zuniga says she has relied on People’s Exhibit 87 for her impending decision. DA Investigator Kirk Bunch strangely leaves the courtroom at this time. Marlisa looks like she is going to puke. Bunch returns after about 5 minutes. The judge has not announced her decision yet.
Judge Zuniga states the key issue for her decision concerns whether Korey Kauffman was under stress of excitement when he made his statements to Kimberly Stout.
If he was stressed out, his statements would qualify for a hearsay exception.
Judge Zuniga: “Ms. Ferreira, you argued that this testimony is a key element in your case.” “However, I can’t let this affect my decision.” “I am bound by the law.” “I disagree with you.”
“You cited People vs Brown.” “The focus of that ruling was demeanor and mental state.” She then goes into People vs Francis. She states that “He was stabbed.”
Judge Zuniga: “The record I have in front of me is that he wasn’t upset, it is just not here Ms. Ferreira.” “There is no evidence that he was.”
Judge Zuniga: “Defense Motion Granted.”
Marlisa has the sickest look on her face that I have seen thus far in this preliminary hearing. We all leave the courtroom for lunch. There was much celebration in the parking lot. We got some nasty looks from Marlisa and Bunch before they left.
It turns out that this was only the beginning of their worst day. They were on their way to a hearing that is going to change everything.
We return at 1:30 PM for the afternoon session. It is obvious to all of us that something extraordinary had just happened.
Marlisa Ferreira then starts talking about what had just happened. During the lunchtime break, everyone was in Department 3 in the main Stanislaus County Court House.
I spoke earlier about the rumors that I had heard that Robert Woody had made a deal for a change in his testimony.
In that original deal, Woody had stated that he had been accompanied to the Carson property on 03/31/2012 by Robin Attenhoffer, his girl friend.
In this statement, he had said that seen Daljit Atwal and Baljit Athwal beating up Korey Kauffman, and that Daljit Atwal had shot Korey Kauffman.
In this statement, Robert Woody said that Frank Carson was present, and had a brief conversation with Baljit Athwal, and then left with the gun. In this statement, he had said that Walter Wells was present, and told Robert Woody to get back on the property and clean up the mess.
Marlisa then states that Robert Woody has now conducted a recorded interview with his lawyer Martin Baker, which once again changes his story. I think this is the seventh time Robert Woody has changed his testimony since the beginning.
It seems he has spoken to Martin Baker around 4 times in the last couple of days. Robert Woody has now waived his attorney client privilege on the matter.
The hearing that was held at 1:00 today was where he formally waived his attorney client privilege. Marlisa Ferreira then states that his new statements contain Brady material for the defense.
This must pain her beyond anything imaginable. If Robert Woody testifies, he will now say that he did not see Frank Carson or Walter Wells at the Carson property that night. Woody stated that he felt pressured by Beverly Woody to change his testimony to conform to the testimony that she gave earlier in this preliminary hearing.
How the Hell can we believe anything that comes out of Beverly Woody’s mouth?
For that matter, this is the 7th version of the events that Robert Woody has told. Is anything he has said trustworthy? Can anyone be convicted based on the lies that have been proven in court? Just saying folks.
Marlisa turns over a 92 page transcript to Judge Zuniga concerning what happened during the lunchtime hearing.
The defense attorneys are asking for any notes, recordings, etc. that may contain Brady material. It turns out that there are other interviews between Martin Baker and Robert Woody that contain more issues that will have to be explored.
Martin Baker speaks about an interview with Julie Pollermo that was recorded with Robert Woody’s consent.
There is a CD, and what sounds like a thumb drive containing this interview. He is going to provide a copy of the CD and thumb drive shortly. He also is going to provide notes that he has taken on 2-3 meetings between himself and Robert Woody.
There was some talk about some of the material containing work product immunity. Defense attorney Jesse Garcia states that 1054 does not apply to this matter.
It turns out that Robert Woody has had several conversations with his mother, while in the jail, during the last several days when this all occurred. I heard some talk about her showing him a piece of paper through the glass that could have contained the things Beverly wanted him to change in his testimony.
Defense attorney Timothy Rien asked a question concerning if the jail visits had video recording in addition to audio recording. I think this is possibly why he asked this question.
The last visit Beverly Woody had with her son happened last night or the night before. Hawaii. That brings up the Forest Gump saying: “Stupid is as stupid does.”
I notice that Kirk Bunch is clenching his teeth. I heard from others that he could be heard yelling at Marlisa Ferreira while they met privately in a small room. It seems he might be furious with her for getting Woody to change his testimony while he was vacationing in Hawaii.
Marlisa states that she is deeply concerned that this situation may make attorney Martin Baker a witness in this case.
We are done for the week. We start out Monday morning with another motion that concerns striking testimony concerning Georgia DeFelippo and Christina DeFelippo.
I think Marlisa will lose this one as well.
It is time for the prosecution to give up, and let the innocent go home. She has failed miserably, and it is time for her and the others to walk the plank.
Sincerely; William Thomas Jensen (Tom )