Defense attacks credibility of prosecution witnesses in Korey Kauffman murder case

Defense attorney Percy Martinez on Wednesday argued that the murder and conspiracy charges against his client, Frank Carson, are based on statements from prosecution witnesses who are convicted criminals, habitual liars and drugs users seeking leniency in exchange for accusations not supported by the evidence.

Carson, a prominent Modesto attorney, is charged in the death of Korey Kauffman. Martinez gave his closing argument Wednesday in a preliminary hearing for Carson and five others charged in Kauffman’s slaying. At the conclusion of the hearing, Judge Barbara Zuniga will decide whether there’s enough evidence for the defendants to stand trial.

Martinez told the judge that the testimony by these prosecution witnesses has been contradicted and impeached by the defense, including statements from the prosecution’s key witness Robert Lee Woody. He said Woody’s testimony was “not credible or persuasive.”

Woody first denied any involvement in Kauffman’s disappearance. Then, he was heard on a secret recording claiming sole responsibility to the murder, offering details about disposing the body. Then, he directed the blame to his former employers, brothers Baljit Athwal and Daljit Atwal. And Woody told investigators he was an unwilling pawn in Carson’s plot to retaliate against thieves.

Martinez said it was a radically different scenario than the one Woody first offered. He said Woody initially claimed Kauffman’s disgruntled neighbor had the man killed, shot, stabbed and beaten unrecognizably; with his body chopped-up, dumped in a field or desert and fed to pigs. Martinez argued that Woody is either producing lies from his own imagination or lying at the urging of others.

“The only reasonable conclusion is he is not telling the truth,” the defense attorney argued in court.

Martinez said Woody’s account evolved as he was negotiating a plea deal with prosecutors. Woody, who was the only one charged with Kauffman’s murder for more than a year, will be formally sentenced to seven years and four months in prison once he is done testifying. Martinez called Woody the “self-admitted” killer of Kauffman.

The defense attorney argued that investigators easily manipulated Woody into telling them what they wanted to hear. Martinez said investigators repeatedly suggested scenarios to Woody before he adopted them into his account, an “evolution on how the desired statements were obtained by investigators.”

Woody testified that he saw Daljit holding a black gun when Kauffman was killed, but several days later he said he never saw a gun, according to Martinez. He said Woody first claimed to have chopped off Kauffman’s fingers and toes and dumped them in a river. He later said he buried the severed fingers and toes with the body.

Martinez argued that Woody’s account had too many inconsistencies to count. Martinez asked why bury the severed fingers and toes with the body when you’re presumably trying to prevent identification of the body? “It doesn’t make sense because it isn’t true,” Martinez told the judge.

Woody lied to authorities on July 22, when he told investigators Carson and former California Highway Patrol officer Walter Wells were on the property when Kauffman was killed. He said his mother, Beverly Woody, pressured to give the prosecution that false information.

Martinez argued that Woody’s mother perjured herself on the witness stand and got her son to change his story to corroborate her testimony. “Everything she has to say must be suspect,” the attorney said in court.

Judge Zuniga on July 11 threw out a significant portion of testimony from Woody’s mother, because the defendant’s statements minimized his involvement in Kauffman’s death.

Martinez told the judge that information from Woody’s family, or “the Woody clan,” was all based on unreliable statements from Woody himself. He argued that Woody later retracted his secretly recorded confession about killing Kauffman, and prosecution investigators apparently believed it.

Woody has testified that Kauffman was shot to death on Carson’s property during a scuffle with Baljit Athwal and Daljit Atwal. Woody worked for the brothers at their Turlock convenience store. Woody claimed he helped bury Kauffman’s body near the store before dumping it a month later. Kauffman’s remains were found in August 2013 in the Stanislaus National Forest in Mariposa County.

The prosecution gave its closing argument last week. Authorities say Kauffman, 26, of Turlock, was last seen alive in late March 2012 as he left the home of his friend, Michael Cooley, and headed to Carson’s property to steal irrigation pipes. Cooley’s Lander Avenue home and Carson’s Ninth Street property were separated by a fence.

Martinez argued that the prosecution’s circumstantial case is based on information from the “Cooley Clan,” his family and friends who frequented Cooley’s home. Carson had found a large hole cut in the fence and believed Cooley was allowing thieves to sneak onto his property to steal antiques and scrap metal.

There was no evidence that Carson knew of any alleged crimes on his property, Martinez said. There also was no evidence of phone contacts between Carson when the alleged homicide is believed to have occurred, Martinez said.

This story was originally published March 15, 2017 at 4:41 PM with the headline "Defense attacks credibility of prosecution witnesses in Korey Kauffman murder case."