Visiting judge will take on Stanislaus County murder case

A visiting judge will be brought in later this summer to handle a preliminary hearing in a murder case, because some testimony could present a conflict of interest for Stanislaus County judges.

Stanislaus Superior Court Judge Ricardo Córdova has said he and the rest of the judges in the courthouse likely would recuse themselves if the three alleged co-conspirators were charged in the death of 26-year-old Korey Kauffman. The Turlock man was found dead in Mariposa County.

Robert Lee Woody, however, is the only person who has been charged with murder in Kauffman’s death. Prosecutors have not announced they have charged anyone else in the Kauffman murder case, and they have not publicly identified the alleged co-conspirators.

A criminal complaint against Woody filed in court March 4, 2014, does not identify the three other people, listing them only as co-conspirators B, C and D.

Bringing in a visiting judge to handle Woody’s preliminary hearing could be an indication that any or all of three unidentified people have some connection to the courthouse or people who work there. Judge Córdova has not said in court why he would recuse himself from Woody’s case.

On Thursday morning, Bruce Perry, Woody’s defense attorney, said they were ready to schedule the preliminary hearing. Perry and Chief Deputy District Attorney Dave Harris suggested the hearing could start in late August, because they knew Córdova was considering recusing himself.

That, Córdova said, would depend on what happens with the murder case.

The prosecutor did not say that anyone else will be charged in the murder case, but he hinted that the testimony might reveal details that could create a potential conflict of interest for local judges.

“I imagine that during the preliminary hearing all sorts of information is going to come out,” Harris told the judge.

The attorneys said the hearing is estimated to last about three days. Judge Córdova scheduled Woody’s hearing to begin Aug. 24, and he told the attorneys he will make arrangements to bring in a judge from outside the county. At the conclusion of the hearing, the judge will determine whether there is sufficient evidence for Woody to stand trial.

Woody has pleaded not guilty to charges of murder and conspiracy to obstruct justice. Kauffman went missing in late March 2012. His body was discovered by hunters in an isolated area of Mariposa County in August 2013.

According to the complaint, Woody and co-conspirator B allegedly threatened a witness on behalf of co-conspirator C, who told Woody he would provide legal representation and, with the help of other co-conspirators, bail Woody out of jail in the event of his arrest. The document goes on to state that co-conspirators B and D also paid for Woody to leave the area to avoid becoming a witness or suspect in Kauffman’s death.

Frank Carson, a prominent Modesto criminal defense attorney, has emphatically denied any involvement in an alleged criminal conspiracy linked to Kauffman’s death. Carson in January 2012 represented Woody in an unrelated case. Woody was accused of receiving stolen property, and the charge was eventually dropped.

During an unsuccessful run for district attorney last year, Carson said he would like to speak more openly to dispel any rumors and prove he is not involved in Kauffman’s death but is bound by attorney-client privilege not to discuss any details he might have learned while representing defendants in criminal cases.

As part of the Kauffman investigation, authorities searched Carson’s property not long after Kauffman went missing in 2012.

Carson has said that any suggestion he’s involved in Kauffman’s death is absurd. Officials involved in the investigation have refused to say whether Carson is a suspect in the murder, saying it would be inappropriate to comment on a pending case.

This story was originally published June 11, 2015 at 4:26 PM with the headline "Visiting judge will take on Stanislaus County murder case."