‘They had an agenda.’ Defense says prosecution fed witness its Korey Kauffman theory

The latest: Murder trial of Modesto attorney, two others goes to jury

Defense attorneys on Thursday told a jury that prosecution investigators fed information to Robert Lee Woody to manipulate the witness into providing details that would implicate Frank Carson and his co-defendants.

Carson, a prominent criminal defense attorney in Modesto, and brothers Baljit Athwal and Daljit Atwal are accused of murder in Kauffman’s death. The 26-year-old Turlock man disappeared in spring 2012. His remains were found more than a year later in a remote area of the Stanislaus National Forest in Mariposa County.

Hans Hjertonsson, Daljit Atwal’s attorney, said the investigators used leading questions while interrogating Woody that would later guide his testimony to support the prosecution’s theory.

Carson is accused of being the ringleader of a criminal conspiracy to thwart thieves from repeatedly stealing from his property. The prosecution alleges Carson recruited a group of people to send a violent message to burglars, which resulted in Kauffman’s death after he was caught in late March 2012 trying to steal irrigation pipes from Carson.

Hjertonsson referred to a March 1, 2014, interrogation, shortly after Woody was arrested in connection with Kauffman’s death. He said it was prosecution investigator Kirk Bunch who suggested to Woody that Woody was on Carson’s property on the night of Kauffman’s death.

“Robert Woody gives you the reason why you should acquit,” Hjertonsson said in his closing argument. “It’s investigator Bunch’s theory, and now (Woody’s) trying to adopt that theory.”

Woody, the prosecution’s key witness, testified in the trial that Kauffman was shot to death during a confrontation with the brothers. Baljit Athwal is known to friends as “Bobby” and Daljit Atwal is known as “Dee.” The siblings’ last names have slightly different spellings.

Woody worked for the brothers at their convenience store, Pop-N-Cork, on East Avenue in Turlock.

Jai Gohel, Baljit Athwal’s attorney, told jurors it was Bunch in that March 2014 interrogation who told Woody that he was facing life in prison without the chance of parole. He argued that Woody was given a way out — point the finger at Baljit Athwal and Daljit Atwal and implicate Carson.

Woody, who initially was the only one charged with Kauffman’s murder, received a plea deal and will be formally sentenced to seven years and four months in prison for his role in Kauffman’s death.

Gohel told the jury that Woody in August 2015 was placed in an area of the Stanislaus County Jail, where he could see Carson and his co-defendants as they were brought in for booking. The defense said that was a clear message to Woody that he couldn’t continue to deny knowledge of Kauffman’s death.

“That is strong manipulation,” Gohel said in his closing argument. “He was in a really, really tough spot.”

In 2014, Woody was secretly recorded by his then-girlfriend at the request of investigators. Woody claimed that he alone killed Kauffman pulled out his teeth, burned his hair and fed his remains to pigs. He later told authorities he lied to impress his girlfriend.

Not long after, authorities arrested Woody. Initially, Woody denied he had any involvement in Kauffman’s 2012 disappearance. But investigators had the recording of his claims of killing Kauffman on his own.

Hjertonsson said Woody walked out of the interrogation for a bathroom break, which wasn’t recorded. After the bathroom break, Woody told investigators he saw Kauffman on the last night he was seen alive. Hjertonsson said Woody first denied it was on Carson’s property, before adopting the investigators’ scenario.

“And that’s exactly what he testified to,” Hjertonsson told the jury. “His testimony is tainted by the testimony by law enforcement.”

Woody later recanted what he told investigators in March 2014 interrogation, after being up for days drinking and using drugs, Hjertonsson said.

Woody told the investigators, “Every time I try to tell you the truth, I’m the f------ liar,” according to Hjertonsson. The attorney said Woody continued to deny involvement in Kauffman’s death until August 2015, when Carson and several others were arrested in the alleged murder conspiracy.

Gohel argued that he doesn’t believe Woody had any involvement in Kauffman’s death. He said Woody was drinking Fireball spiced whiskey and smoking methamphetamine while he was recorded claiming he killed Kauffman.

Investigators had the recording, Gohel said, and they used it to apply pressure on Woody. The attorney said Woody is someone who doesn’t have a lot of “intellectual fortitude” and could be easily manipulated.

In July 2016, Woody said he gave the Stanislaus County District Attorney’s Office false information when he told authorities he saw Carson and former California Highway Patrol officer Walter Wells where Kauffman was killed.

Gohel showed the jury maps and drawings Woody sketched, showing where Wells and Carson were that night Kauffman was killed. The attorney told the jurors it was all lies, but the prosecution presents Woody as its “star witness.”

“That’s why they stuck with him, they have nothing else,” Gohel said about the prosecution.

Woody testified in the trial that after Kauffman was shot on Carson’s property, they took the body to a lot next to the convenience store, where he cut off Kauffman’s fingers and toes before wrapping the body in a tarp and burying it in a shallow grave.

Hjertonsson argued that it was prosecution investigator Steve Jacobson who was the first to suggest to Woody that Kauffman’s finger and toes were severed.

“They’re feeding him facts,” Hjertonsson said in court. “They’re scripting him.”

The defense attorneys argued that Woody lied about Carson and Wells in July 2016 to ensure he received a favorable plea deal. Among his claims at that time, Woody also said he saw Daljit Atwal had a gun when Kauffman was shot. Hjertonsson said it was the first time anyone had alleged Atwal was armed that night.

“Just like he did at trial, when (Woody) lies, he gives great details,” Gohel told the jury.

The murder trial in Stanislaus Superior Court began 14 months ago. Gohel is expected to conclude his closing argument Friday. That will be followed by a rebuttal argument from Chief Deputy District Attorney Marlisa Ferreira.

It’s possible Judge Barbara Zuniga will then ask the jury to return to court next week, so she can give the jurors their instructions before they begin their deliberations.

This story was originally published June 20, 2019 at 6:05 PM.