New allegation in Kauffman murder case could hurt key witness credibility

A new allegation about Korey Kauffman’s death surfaced last month, which could further damage the credibility of the prosecution’s key witness in the Stanislaus County murder case.

Robert Lee Woody has testified that Kauffman was shot to death by someone else as result of an effort to stop thieves from repeatedly stealing scrap metal and antiques from Modesto attorney Frank Carson.

On Feb. 14, Patrick Hampton told prosecution investigator Steve Jacobson that it was Woody who killed Kauffman on Carson’s Ninth Street property in Turlock. Hampton claims he learned that information from Woody himself.

Closing arguments initially were scheduled to begin Tuesday in a preliminary hearing for Carson and five others charged in Kauffman’s slaying. The lengthy hearing to determine whether there’s enough evidence for a trial started in mid-October 2015.

Those closing arguments, however, were postponed until later this week to give defense attorney Jesse Garcia a chance on Tuesday to question Jacobson on the witness stand about what Hampton told him last month.

Witnesses in same cell

Woody and Hampton have been held at the Tuolumne County jail, at times in the same jail cell. Jacobson advised jailers that the two inmates were witnesses for the prosecution in the same murder case, and that they should be housed separately. Jacobson testified Tuesday that the Tuolumne County jail doesn’t have enough space to house two inmates in protective custody separately.

The investigator said Hampton’s criminal case originated in Tuolumne County, so he couldn’t be moved to a jail in another county. Woody has been housed in Tuolumne County to ensure his safety, but he was brought back to Stanislaus County during most of his testimony in the Kauffman case.

Hampton in November sent Jacobson a letter, detailing threats of violence and a stabbing that injured Hampton. The investigator testified that he was busy completing tasks in the Kauffman case, so he didn’t travel to Tuolumne County to question Hampton about his letter until Feb. 14.

Jacobson testified that he was questioning Hampton about the stabbing when Hampton “spontaneously” brought up his conversations with Woody. Hampton claimed Woody told him about the deadly shooting, saying Woody shot Kauffman in front of Baljit Athwal and his brother Daljit Atwal.

The brothers own and operate a Turlock convenience store; Woody used to work for them at the store. Hampton claims the fatal shooting created a feud between Woody and the brothers. Baljit Athwal and Daljit Atwal also are charged in Kauffman’s death.

Questioning stopped

The investigator said in court that he quickly stopped Hampton, telling the inmate that he didn’t want to hear this information. “I stopped from going down that path,” Jacobson testified.

He documented Hampton’s statements about Woody and wrote a report about his talk with Hampton at the jail. Jacobson said he didn’t record his conversation with Hampton because the inmate refused.

The investigator told the judge that Hampton has been worried about his safety ever since a report detailing the stabbing, his injuries and his statements to authorities was posted on the internet. Hampton told Jacobson that the report posted online is proof he’s been cooperating with law enforcement and puts him in danger.

Hampton has claimed Carson recruited him to deal with thieves stealing from his property in exchange for Carson’s legal services and reduced bail costs, but that Hampton refused.

Woody also is charged in Kauffman’s death, but he is being prosecuted separately and has agreed to a plea deal in exchange for his testimony against his co-defendants. Woody has testified that Athwal and Atwal were fighting with Kauffman on Carson’s property when Kauffman was shot to death.

Woody has said he lied July 22 when he told the prosecutor and two investigators that he saw Carson and former California Highway Patrol Officer Walter Wells at Carson’s property around the time he witnessed Kauffman’s death. The defense calls Woody a liar who has changed his story before.

Hampton and Woody were housed in the same cell during two stints that lasted a few months; the second started Oct. 20, 2016, near the tail-end of Woody’s testimony in the Kauffman case. The witnesses remained in the same cell until late last month.

Jacobson testified that Woody would mention Hampton’s name while talking about jail issues with other inmates. The investigator said Woody never said he discussed the Kauffman case with Hampton. Woody had transcripts of his police interviews in his cell. Jacobson said Woody’s attorney asked Jacobson to give Woody the transcripts.

This story was originally published March 7, 2017 at 4:36 PM with the headline "New allegation in Kauffman murder case could hurt key witness credibility."