Crime

In Carson case, woman describes seeing Turlock man not long before his disappearance

A woman testified Monday that she saw Korey Kauffman in late March 2012 at her brother’s home. She said the 26-year-old Turlock man was always friendly, never threatening.

Linda Burns saw Kauffman’s bike near her brother’s home the following day, but he was never seen again. His remains were found in August 2013 in a remote area of Mariposa County. The prosecution claims Kauffman was shot to death after he was caught trespassing on Frank Carson’s property.

Burns’ testimony Monday afternoon was part of a preliminary hearing for Carson and five others charged in Kauffman’s death. The prominent Modesto defense attorney is accused of recruiting a group of people to send a violent message to thieves repeatedly stealing antiques and scrap metal from his property.

Authorities say Kauffman was last seen alive March 30, 2012, as he headed to Carson’s property from the home of Mike Cooley, Burns’ brother. Burns had been living at her brother’s home along Lander Avenue in Turlock since 2011, after her home was destroyed in a fire.

Cooley’s home and Carson’s 5-acre property on Ninth Street were separated by a fence. Carson had grown increasingly frustrated over years of repeated thefts of scrap metal and antiques from his property, and he believed Cooley and his friends were involved.

Burns testified that she saw Carson a few times at her brother’s home, confronting Cooley about the thefts. She first encountered Carson in late 2011, when she spotted the attorney in her station wagon.

“He broke into my car,” Burns said on the witness stand.

The glove compartment was open, and Carson was searching her seats, according to Burns’ testimony. She also said Georgia DeFilippo, Carson’s wife, was standing next to the vehicle. DeFilippo, along with her husband, is charged with murder in Kauffman’s death.

Burns testified that the attorney identified himself as a private investigator working for Frank Carson and said he was looking for stolen items. Someone then called police. She said Carson made false claims about her, saying he remembered her from buying antiques at flea markets.

Carson also claimed he knew Burns from putting her in prison. “He said, ‘I can put you back there,’ ” Burns testified. She said in court that she has never been in prison and doesn’t buy antiques. The attorney left after speaking to police.

The second encounter with Carson at Cooley’s home occurred a few days later. Burns testified that she saw Carson again searching her station wagon. She said Carson and her brother got into an argument, screaming at each other separated by only a few feet. She remembered Carson said to Cooley, “Just let me catch you on my property.” This time, Burns said she left before police arrived.

The third encounter with Carson occurred in January 2012, when Carson kicked open a small front gate at Cooley’s home, Burns said. “He was standing there. He was yelling, just screaming,” she said about the attorney.

Another argument ensued between Carson and Cooley, before the attorney left through the back of Cooley’s home. Carson apparently left through a hole in the fence that he thought thieves were using to get onto his property.

Five days later, Burns saw Carson standing across the street along Lander Avenue. She testified that Carson was just looking at her brother’s home.

Before Burns was called to the witness stand, Cathy Grinolds testified Monday morning about renting an apartment on Carson’s property.

In late March 2012, Grinolds was outside smoking a cigarette when she spotted three men wearing dark clothing outside on a second-floor deck. She testified that the men were looking toward the back of the property.

Grinolds went back inside her apartment. When she returned outside an hour later, the three men were gone. She said she had never seen anything like that before, and she didn’t see the men again. Grinolds didn’t see the men with weapons. With the limited lighting, she said she could only see that the men were wearing dark clothing.

She never told her landlord, Carson’s mother, about the men she saw. Grinolds also didn’t mention the men when police initially questioned her.

She testified that she didn’t think of telling anyone until three years later, when she read a newspaper article reporting Carson and seven others had been arrested Aug. 14. During cross-examination, Grinolds said she read in a newspaper article that three men had been seen on Carson’s property the night Kauffman was last seen alive.

Grinolds testified that she was asked to find another place to live about a month after she first spoke to police. She said Carson had seemed upset at her because she had spoken to police, but his demeanor was calm. She said she was given 90 days to move out, even though she had always paid her rent on time. She was just asked to leave after living there for a little more than two years.

Testimony in the preliminary hearing is expected to resume Tuesday in Stanislaus Superior Court. At the conclusion of the hearing, which is anticipated to last at least a few more weeks, the judge will determine whether there is enough evidence for the defendants to stand trial.

Rosalio Ahumada: 209-578-2394, @ModBeeCourts

This story was originally published October 19, 2015 at 6:35 PM with the headline "In Carson case, woman describes seeing Turlock man not long before his disappearance."

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