Judge reduces bail for attorney’s wife in Kauffman murder case

A judge on Monday reduced bail for one of nine people accused in the death of Turlock resident Korey Kauffman.

Georgia DeFilippo, 63, is married to Modesto criminal defense attorney Frank Carson, who is accused of spearheading a criminal conspiracy to kill Kauffman after repeated thefts at their Turlock property.

Judge Barbara Zuniga, a visiting judge from Contra Costa County assigned to handle the murder trial, agreed to DeFilippo’s request to reduce her bail, originally set at $10 million, to $4.5 million. Carson and two other defendants, brothers Baljit Athwal and Daljit Atwal, who spell their last names differently, are being held without bail in the case. Former California Highway Patrol officer Walter Wells is being held on $10 million bail.

Kauffman, who sold scrap metal, some of which was stolen, went missing in late March 2012. His body was discovered by hunters in an isolated area of Mariposa County in August 2013. Authorities allege Carson was seeking revenge for thefts of metal from his Turlock property when he enlisted Athwal and Atwal to help him.

Prosecutor Marlisa Ferreira argued against the reduction in bail for DeFilippo, saying that the matter had been settled at an earlier hearing. She also argued that while there is no evidence DeFilippo made threats against Kauffman or anyone else stealing from her and Carson’s property, she was aware of threats.

“Our position is that she was always aider and abetter to keep people off her property,” Ferreira said.

But after hearing testimony from witnesses, including DeFilippo’s brother, Zuniga made her decision.

She said she took into account DeFilippo’s lack of a criminal history, ties to the community and all the property she owns locally, including a 60-acre walnut ranch she co-owns with her brother that is worth about $2 million.

“With all the equity she has, she may be able to post bail,” Zuniga said. DeFilippo nodded her head in agreement.

The matter will return to Stanislaus Superior Court on Friday for a hearing to discuss the source of DeFilippo’s bond if she is able to post one.

Zuniga ordered that DeFilippo have no weapons, stay away from the victim’s family, relinquish her passport and stay in Stanislaus County unless visiting her attorney in San Francisco – and she first must get those trips approved by the court. Authorities can search her at any time.

Also on Monday, Zuniga scheduled a preliminary hearing for two of the three defendants who are free on bail, California Highway Patrol officers Scott McFarlane and Eduardo Quintanar Jr.

The officers, charged with conspiracy to obstruct justice and being an accessory, are scheduled to return to court Sept. 28. They refused to waive their right to have a preliminary hearing within 10 days of their arraignment.

They, along with DeFilippo’s daughter Christina Anne DeFilippo, pleaded not guilty on Sept. 14. She waived her right to a preliminary hearing within 10 days.

Ferreira last week filed a request to postpone their preliminary hearing, so that evidence against all the defendants could be heard together.

McFarlane’s attorney, Lawrence Niermeyer, filed a response to the prosecution, saying delaying the hearing would violate his client’s rights and affect his ability to have a fair trial.

“McFarlane is married with two children and is the sole provider for his family,” Niermeyer wrote in his response. “McFarlane is currently on administrative leave from the CHP with an unfettered desire to return as soon as possible. Continued employment with the CHP is threatened each day that McFarlane remains a defendant in this action.”

This story was originally published September 21, 2015 at 3:09 PM with the headline "Judge reduces bail for attorney’s wife in Kauffman murder case."