Record-setting murder prelim concludes with Carson, 3 others held for trial

Judge Barbara Zuniga said Monday that she had to review a massive amount of evidence when deciding whether Modesto attorney Frank Carson and five others should stand trial in the death of Turlock resident Korey Kauffman.

At times during a nearly 18-month preliminary hearing, the judge said it felt like she was presiding over a trial made difficult with witnesses who struggled to remember details about an investigation that began five years ago. She also found it tough dealing with a group of “combative” attorneys, forcing the judge to read pages of testimony transcripts filled with arguments before she could get to a question and its answer from the witness.

“This case is not easy to decide,” Zuniga said before announcing her ruling Monday.

The judge ordered Carson and brothers Baljit Athwal and Daljit Atwal to stand trial on charges of murder and conspiracy to obstruct justice in connection with Kauffman’s death. The 26-year-old man went missing in 2012; his body was found more than a year later in Mariposa County.

Zuniga, however, dropped all charges against Carson’s wife, Georgia DeFillipo and her daughter, Christina DeFilippo. The attorney’s wife was charged with murder. They were both charged with conspiracy to obstruct justice and accused of being an accessory in the crime.

The judge said there was no evidence Georgia DeFillipo was involved in Kauffman’s death, even with the low standard of proof in a preliminary hearing. Zuniga said allegations the mother and daughter were part of a criminal conspiracy were based on text messages they exchanged with each other.

“There’s just nothing there,” Zuniga said about the evidence against Christina DeFilippo. Of evidence against Carson’s wife, the judge said, “It’s just not there, as well.”

The DeFilippos have been free on bail since the early stages of the case, which began when the defendants were arrested in August 2015. They both declined to comment after Monday’s ruling. “My head is like a marshmallow right now,” Georgia DeFilippo said. She later told a friend, “It’s bittersweet.”

Robert Forkner, Christina DeFilippo’s attorney, said the prosecution didn’t have a shred of evidence against his client or her mother, and the judge confirmed that. He said his client hasn’t been able to work because she’s been forced to be in court, and Carson’s wife has spent $450,000 in bail premiums since her release on a $10 million bail bond.

“Citizens of Stanislaus County should be outraged that this District Attorney’s Office would go after Mr. Carson’s family, his wife and daughter, because of a vendetta,” Forkner said.

The defense has said this is a case of wrongful prosecution by vindictive prosecutors intent on ruining Carson, a prominent criminal defense attorney. The defense attorneys have argued that the prosecution relied on witnesses who lied to investigators or on the witness stand after they were coerced by an investigation task force that ignored other potential suspects in Kauffman’s death.

John Goold, a spokesman for the Stanislaus County District Attorney’s Office, called Monday’s decision “another step forward in the search for justice for murder victim Korey Kaufman. The judge was very thorough in her handling of the preliminary hearing and in making her rulings today. We look forward to the case proceeding to jury trial.”

Prosecutors accuse Carson of being the ringleader of a criminal conspiracy to thwart thieves from repeatedly stealing antiques and scrap metal from his property on Ninth Street in Turlock. The prosecution alleged Carson recruited a group of people to send a violent message to burglars, which resulted in Kauffman’s death after he was caught trying to steal irrigation pipes from Carson.

“The evidence showed it was Carson who set this whole process in motion,” Zuniga said Monday.

The judge told the attorneys that there was corroborated evidence that showed Carson confronting his neighbor, Michael Cooley, and threatening to shoot and kill anyone caught burglarizing his property. Whether that evidence will be sufficient to convict Carson and his co-defendants “We’ll have to see,” Zuniga said.

But Zuniga dropped a special circumstance allegation of lying in wait against Carson, Athwal and Atwal. The judge said the prosecution did not present sufficient evidence to support the defendants’ intent to kill when a scuffle began that led to the alleged deadly shooting.

Star witness Robert Lee Woody testified that Baljit Athwal and Daljit Atwal were fighting with Kauffman on Carson’s property moments before Daljit Atwal shot Kauffman to death. He also has claimed that Kauffman’s body was buried just outside the brothers’ Turlock liquor store before Kauffman’s body was unearthed and dumped in Mariposa County.

If Carson and the brothers are convicted of first-degree murder, they would face a maximum of 25 years to life in prison. If they’re convicted of second-degree murder, they would face a maximum of 15 years to life.

Percy Martinez, Carson’s attorney, said the judge dropping the special circumstance allegation is a significant outcome from the preliminary hearing. He said he was not surprised with the judge’s ruling, considering the low standard of proof —probable cause a crime was committed by the defendant —needed in a preliminary hearing.

“So that’s a far cry from beyond a reasonable doubt (in a trial),” Martinez said. “We’re anxious to get to trial.”

The judge said she had a tough time deciding whether former California Highway Patrol Officer Walter Wells should stand trial in the Kauffman murder case. Zuniga reviwed the evidence against Wells, more than the other defendants.

But Zuniga said the number of times Wells’ cell phone was activated in the same cell-phone tower sector as Kauffman’s phone after his disappearance indicated the prosecution’s belief that Wells was driving around with Kauffman’s cell.

She said there was sufficient evidence presented that supported a strong suspicion that Wells was part of a conspiracy to obstruct justice and acted as an accessory after Kauffman was killed. Zuniga said her ruling was based in part on Wells’ friendship with Baljit Athwal and Daljit Atwal and his frequent visits to the liquor store.

Wells was released from jail Dec. 13 on $50,000 bail after the prosecution said it would only seek felony obstruction and accessory charges. He no longer faces a murder charge in Kauffman’s death.

Timothy Rien, Wells’ attorney, has said, there isn’t sufficient evidence to support any of the allegations against his client. Even if Wells was convicted of conspiracy and accessory, Rien has said, his client would then be released for time already served in jail.

The preliminary hearing in Kauffman’s slaying began in mid-October 2015 and ended Monday. The hearing is the longest of its kind in Stanislaus County history, and it’s among some of the longest preliminary hearings in state history.

In late December, Judge Zuniga abruptly released Carson, Atwal and Athwal on their own recognizance after prosecutors revealed they had located more evidence not handed over to the defense. On Monday, Chief Deputy District Attorney Marlisa Ferreira asked the judge to set bail for these defendants. When Zuniga denied the request, Ferreira asked the court to place GPS tracking devices on the defendants. The judge also denied that request.

The judge scheduled the defendants to return to court April 24 for an arraignment hearing. Once the arraignment occurs, the judge can schedule the trial for the four defendants.

Martha Carlton-Magaña, Baljit Athwal’s attorney, said a jury will acquit the defendants because the prosecution’s witnesses lied and colluded with each other. She said the jurors will find it interesting to learn how investigators ignored evidence that could lead to other suspects.

“This is an ongoing vendetta,” Carlton-Magaña said. “And the vendetta continues.”

This story was originally published April 10, 2017 at 4:34 PM with the headline "Record-setting murder prelim concludes with Carson, 3 others held for trial."