July 11, 2016 – This is YATES-ZILLA arising from the ashes one more time. This is my commentary for July 11, 2016.
Because of the anticipated decision expected from Judge Zuniga, by the time the doors to the court room were opened, the gallery filed and there was standing room only. Another person observed who had been as scarce as hen’s teeth in the courtroom, was the Modesto Bee reporter. Welcome back to the land the living, Rosalio.
Court started at 10:21 AM and there was some discussion as to whether the author of the motion, Martha Carlton Magana start or Mme. Dist. Atty. would start. The first whining by Mme. Dist. Atty. was when she said ” Well she brought the motion, she has to start”. So a whining we will go.
Ms. Magana indicated that Beverly Woody’s testimony was hearsay regarding Robert Woody. Miranda Dykes body wire captured Robert Woody saying that he killed Korey Kauffman alone. All of Beverly Woody’s claims minimize Robert Woody’s involvement in the murder. Beverly Woody also stated that she is proud to testify and would lie for her son Robert Woody.
The followers of my commentary know that I rely on my fellow “criminal type lice head asswipe bloggers” as a couple of us commentators have been called by an avid fan of the bloggers, to write all of the fine details whereas I just collect what information I can and try to put my special spin on it. So here goes.
Mme. Dist. Atty. stated that the hearsay exception was allowed and began to talk about a trustworthy exception for Beverly Woody which caused members of the gallery to chuckle. As Mme. Dist. Atty. began her machine gun repertoire, the judge had to caution her to slow down. This happened several times in the first hour. My guess is that Mme. Dist. Atty. must have stopped by Starbucks on the way to court and ordered a triple caffeinated lollapalooza.
In discussing Mme. Dist. Atty.’s answer to the motion, the judge said your answer has broad statements without substance. First slap! As Mme. Dist. Atty. was talking, the judge told her that it is not the judge’s job to figure out what the DA believes about conspiracy, co-conspirators and what testimony they should say. Judge Zuniga then admonished Mme. Dist. Atty. to focus on the moving papers. Second slap!
Then at another point the focus went to declaration against interest. Mme. district attorney asked for time to get her transcript. The judge said instead of her going to get it, have Special Agent Lingerfelt, darned spell check, Linferfelt retrieve the requested items from the District Attorney’s Office. So the Botox man, spell check is getting me mad, Bowtie man left the courtroom to retrieve the items.
Judge Zuniga then said that she could not find a single case supporting Mme. Dist. Atty.’s argument. Third slap! Mme. Dist. Atty. then said that Robert Woody told Beverly Woody what he did because he was worried something what happened to him. Then the discussion got into the People versus Duarte and People versus Leach and several other cases. Judge Zuniga then told her to limit her argument to facts that were in the record. Fourth slap!
Then there was some discussion about the body wire. As the discussion continued, Judge Zuniga then said” Mam, you’re missing the point”. Fifth slap!
This is turning into a stinging presentation by Mme. Dist. Atty.
Then Mme. Whiner, dad gum spell check anyway, Mme. Dist. Atty. uttered that the court had completely ignored what I was saying and didn’t let me get to this before being cut off. Judge Zuniga was then heard to say ” I am not going to make your argument for you”. Sixth slap! The judge then stated to Mme. Dist. Atty. that your papers are not helpful. Seventh slap! But the judge let her off the hook by saying that I know you didn’t do them and I know you changed the argument in the papers.
As the argument by Mme. Dist. Atty. continued it appears that she commandeered a smoke grenade from a deputy because it appeared she was filling the courtroom with smoke in her argument. Commentator Marty Carlson told me that he saw two people choking on the smoke and had to pull out their inhalers to catch their breath. Check with Marty about that. Just saying…
Judge Zuniga then, since it was nearing the lunch break stated that she would be examining the search warrants later. She stated that the search warrants are the property of the court and they should have been handed over to the court within 10 days. Now this case has dragged on for nearly a year and the judge indicated that there may be a statute problem with the warrants. As Chicken Little said running around in circles “the sky is falling, the sky is falling, oh dear what will we do?”. I need to check Aesop’s fables on Google to see how that one turned out.
Well it is after lunch now and starting out Mme. Dist. Atty. was talking to the judge about conspiracy and started to go off on a rant which the judge stopped and then said “Mam, I know the law. Don’t read conspiracy into the record.” Eighth slap!
Mme. Dist. Atty. then tried to bring in the state of mind of Robert Woody should he have one, a mind I mean, and Judge Zuniga said why is his state of mind relevant? Then Mme. Dist. Atty. starts blah, blah, blah to muddle, befuddle, bumfuzzle and bamboozle the issue. Judge Zuniga again had to tell her to slow down. She must have ordered another triple caffeine lollapalooza at Starbucks during lunch.
Then Ms. Magana referring to a case by the name of Greenberger which Mme. Dist. Atty. brought up told her that it was overruled and not on point here and that it was an old law. That law is superseded by Duarte. Ms. Magana then brought up People versus Lawley and the judge said that is not in your moving papers to which Ms. Magana replied “She brought up Gordon so I brought up Lawley”. That little fire was put out pretty rapidly by Judge Zuniga.
Ms. Magana then stated that Beverly Woody tries to minimize Robert Woody’s involvement. She tries to blame others trying to get Robert Woody out from under his body wire admission. If Robert Woody is unavailable it’s only Robert Woody or Martin Baker that would know. Ms. Magana then submitted her argument.
Then the discussion got going with terms such as exculpatory, inculpatory, penal interest, nonassertive conduct, Cal Crim 3402, culpable, less culpable, declaration against interest, hearsay wall and numerous others. They lost me there and that’s why I rely on Tom Jensen and Marty Carlson to pick up the slack there. Thank you gentlemen. Mme. district attorney then admits that her brief is short just as Judge Zuniga stated.
Then as Mme. district attorney was blah, blah, blahing, Judge Zuniga said “you need to stop. Focus on what you said. You keep mixing things up with two conspiracies going on”. Slap number whatever! Mme. Dist. Atty. then stated “I did not communicate artfully”. Mme. Dist. Atty. then requested leave from the court for a new brief. Judge Zuniga stated “NO”. Another slap! Judge Zuniga said “you should have filed it with your papers”. Another slap! I ran out of fingers and toes to count the slaps. Durn.
Judge Zuniga then said” You have been a source of irritation and I hope your ears were ringing”. I believe Mme. Dist. Atty.’s bell has been rung. Mme. district attorney said “Yes mam”. Oh another slap!
Okay the judge wants another break now to go over the motion submitted by Ms. Magana and what will be and what will not be allowed. So we come back into court and in the judge starts going over Ms. Magana’s motion. Now nobody in the gallery has a copy of motion so we don’t know for sure what page and line she’s talking about but that’s okay, we are just “gallery folk”. But as the judge started to talk she mentioned that there were many missing pieces in the DA’s theory and her argument was not supported by the record. Yeah I know, another slap!
Judge Zuniga also stated that Woody’s state of mind is not relevant and circumvents the hearsay exception so pooh on that one Mme. Dist. Atty. The judge then stated ” you have no idea how this pains me Ms. Ferreira”. At this point the smokescreen laid down by Ms. Ferreira had finally gotten to me and I had to leave. So please check out Tom and Marty’s reports.