MAY 20, 2016
Today was a vindication for all of us that have sat in this courtroom for the last 9 months. We have all known for a long time how idiotic the prosecution’s case is against the eight defendants charged in the alleged murder of Korey Kauffman.
When we were finally done for the day with the mind numbing, boring testimony of self-proclaimed cell phone expert Jim Cook, all Hell broke out. Between 4:05 PM, and 4:35 PM, we got an off the record indication on how Judge Zuniga feels about the state of the prosecution’s case.
It does not look good for Prosecuting DA Marlissa Fereirra, and the case she has tried to present in the second longest preliminary hearing in the history of California. I will give you a short synopsis of the testimony of Jim Cook, and then I will get into the really good stuff. We are watching this case blow up in the face of the prosecution, and I must say that I enjoyed the last 30 minutes immensely.
We start out this afternoon session at 1:39 PM with the continuing testimony of Jim Cook. Cell phone ping data was gone over concerning the time period between 04/21/2012 and 04/30/2012 for Walter Wells.
It is the same old drill where he goes over the cell phone towers and sectors involved with cell phone calls and text messages. We are talking about scores of calls and texts in mind numbing detail. I can’t really take notes on this Gibberish.
It is brought out by the prosecution that on 04/27/2012 Walter Wells made 20 text messages, and that this was the only time he had that kind of text message volume. Sometimes Marlissa seems to try to show guilt by lack of messages, and sometimes she tries to show guilt by lots of messages and calls. I guess we are always guilty whatever we do, or don’t do.
A slide in the Power Point presentation shows Pop N Cork Liquors. Marlissa gets Mr. Cook to testify that DA Investigator Kirk Bunch had told him that the body of Korey Kauffman had been buried in a grassy area behind the liquor store, and dug up and moved to the mountains on 04/27/2016.
Robert Woody allegedly told Kirk Bunch that he and the Athwal brothers had buried the body in the grassy area. Mr. Cook used a laser pointer to show where the grassy area was located on the property. The prosecution was trying to show that the grassy area would have calls being handled by a different cell phone tower. This was objected to, and it was not allowed.
We go on to a bunch of cell phone calls, and pings concerning the Cell phone associated with Georgia DeFelippo. It seems Georgia and her daughter Christina were on their way to the Salinas area on 03/31/2012.
Mention was made about the Salinas Municipal Airport. It seems the prosecution is trying to show that they were involved with taking someone to the airport.
I have heard the purpose of their visit to Salinas was to go to an Estate Sale. It was brought out that between 04/11/2011 and 04/26/2015 this was the only time that their cell phone records show them going to the Salinas area.
At this time, I notice one of the Bailiffs asleep in the corner of the prosecution side of the courtroom. He fell asleep several time during the testimony of Jim Cook. It is just that boring folks.
We then go into cell phone ping data that shows that Georgia DeFelippo and her daughter Christina had driven up to the vicinity of Redhawk Casino in Placerville on 10/04/2012. I always knew that there must be something illegal about gambling in a casino. This stuff seemed to be irrelevant to me.
It is now 4:05 PM, and Marlissa is about to experience her nightmare. Judge Zuniga speaks about striking the testimony of Beverly Woody based on a motion filed by defense attorney Martha Carlton Magana.
Martha’s motion concerns the hearsay that was initially allowed by Judge Zuniga in Beverly’s testimony. The judge as much as told us that she is going to throw out her testimony based on this hearsay
Defense attorney Timothy Rien states that he also has a motion to file on Beverly Woody’s testimony. He states that the prosecution early on, and during the last 9 months, has assured the defense that Robert Woody would be testifying, or Proposition 115 testimony for Robert Woody would be made by DA Investigator Kirk Bunch.
The defense was prevented from cross examining Kirk Bunch, or Detective Dale Lingerfeldt several times during the last 9 months based on Marlissa’s assurance that Woody would testify, or that Bunch would give Proposition 115 testimony for Woody.
She tried to back track on those statements after Rien spoke, but the court records are clear on what she said. Judge Zuniga told Timothy Rien that he should hold off on his motion because it will be a moot point if she throws out Beverly’s testimony based on the hearsay motion by Martha Carlton Magana.
Rien is still going to file his motion, which is based on due process issues, and will also go into the hearsay issues that Martha brought up in her motion.
Timothy Rien states that: “We have been fed crust from this bread judge.”
Defense attorney Hans Hjertensson states that if Robert Woody testifies, it will show inconsistencies in Beverly Woody’s testimony. I think this might be the reason the prosecution does not want to go into the Robert Woody testimony. Marlissa’s Woody problem is truly getting an erection. Sorry, I just couldn’t help myself there folks.
Judge Zuniga states that the problems concerning Beverly Woody’s testimony are two-fold.
First, there are evidentiary issues, and second there are due process issues.
Timothy Rien agrees to turn in his motion on June 27th, and Marlissa Fereirra is going to file her response on June 30th. A hearing on this bombshell issue will be done on July 11th at 10:00 AM.
This does not look promising for Marlissa Fereirra. If Beverly Woody’s testimony is thrown out, she really has no case. Judge Zuniga states that she will have to make decisions on the holding order. I think she could actually be thinking about throwing this whole thing out in the garbage where it has belonged all along.
Judge Zuniga then goes into another issue with the obstruction of justice charges that have been made against Frank Carson, Georgia Defelippo, and Christina DeFelippo.
Marlissa Fereirra has been basing these charges on them bad mouthing the investigators and police during the investigation.
Judge Zuniga states that: “I have a problem with that.”
She states that case law does not support these charges based on bad mouthing the investigators and police.
I think she is about to throw out these charges.
Marlissa Fereirra is looking utterly destroyed at this point.
Judge Zuniga states that “This is a very amorphous crime.”
The truth is about to set them free. Thank You Jesus.
Sincerely; William Thomas Jensen (Tom)