Carson, two others to stand trial for murder; two defendants not charged
Frank Carson and two brothers will stand trial in the death of Korey Kauffman, a 26-year-old Turlock man who went missing and was found dead more than a year later in Mariposa County.
Judge Barbara Zuniga on Monday said there is enough evidence for Carson and brothers Baljit Athwal and Daljit Atwal to stand trial in the case. Former California Highway Patrol Officer Walter Wells will stand trial on charges of conspiracy to obstruct justice and being an accessory. Zuniga did not find enough evidence to hold the two remaining defendants, Carson’s wife, Georgia DeFillipo and her daughter, Christina DeFilippo, for trial.
Prosecutors accused 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 defense has said this is a case of wrongful prosecution by a vindictive Stanislaus County District Attorney’s Office intent on ruining Carson, a prominent criminal defense attorney who has been successful in defending his clients. The defense attorneys 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 the man’s death.
Kauffman went missing in late March 2012. His remains were found in August 2013 in the Stanislaus National Forest in Mariposa County.
A preliminary hearing for Carson and five others charged in Kauffman’s slaying, including his wife and stepdaughter, began in mid-October 2015 and ended Monday with the judge’s ruling. 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.
It was clear a few months ago that Wells would no longer face the murder charge once the preliminary hearing ended. He was released from jail Dec. 13 on $50,000 bail after the prosecution said it will only seek felony charges of conspiracy to obstruct justice and acting as an accessory after the alleged murder was committed.
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. The DeFilippos have been free on bail since the early stages of the case, which began when the defendants were arrested in Aug. 2015.
The hearing was held in a former federal bankruptcy court building on 12th and L streets in downtown Modesto. The larger courtroom allowed more space for six defendants, their defense attorneys, the prosecution and court staff.
There will be more with this story later.
Rosalio Ahumada: 209-578-2394, @ModBeeCourts
Notable preliminary hearings
▪ Scott Peterson case: Concluded in 12 court days stretching over three weeks in fall of 2003. Peterson was ordered to stand trial on charges of murder in the death of his wife, Laci Peterson, and their unborn child, Connor. Peterson was convicted in 2004 and sent to death row.
▪ McMartin preschool molestation case: Considered to be the longest in state history, the hearing in Los Angeles County went on for 18 months in the mid-’80s. The hearing ended with all seven defendants ordered to stand trial, but the prosecution dropped charges against five of them shortly after that. Ray Buckey and his mother, Peggy McMartin Buckey, stood trial, but the case did not result in any convictions. The entire case, including the trial phase, took seven years.
▪ Night Stalker case: The hearing for Richard Ramirez, known as the “Night Stalker,” went on for 30 days stretching over two months and two weeks in 1986. He stood trial and was convicted of 13 murders, five attempted murders, 11 sexual assaults and 14 burglaries. He was sent to death row and died of complications of blood cancer in 2013.
▪ Hillside Strangler case: Glendale upholsterer Angelo Buono, known as one of the “Hillside Stranglers,” was ordered to stand trial in the murders of 10 young women. His preliminary hearing went on for nine months in 1980. Buono was acquitted of one murder, convicted of nine, and sentenced to life without possibility of parole. He died alone in his prison cell of natural causes in September 2002.
Sources: The Modesto Bee and Los Angeles Times
This story was originally published April 10, 2017 at 12:43 PM with the headline "Carson, two others to stand trial for murder; two defendants not charged."