Ex-CHP officer seeks dismissal of charges in murder case. ‘What are we even doing here?’

A judge again heard arguments asking her to dismiss a case against a former California Highway Patrol officer, the only defendant who still faces criminal charges in the death of Korey Kauffman.

Several other defendants, including prominent Modesto defense attorney Frank Carson, have either been acquitted by a jury or cleared of wrongdoing in the Kauffman murder case.

Nine people were charged in connection with Kauffman’s disappearance and death. Robert Lee Woody, the only person convicted in the case, received a plea deal in exchange for testifying against the other defendants.

The remaining defendant, Walter Wells, faces charges of conspiracy to obstruct justice and acting as an accessory. Wells is accused of conspiring with Carson and brothers Baljit Athwal and Daljit Atwal in connection with Kauffman’s death. In late June, a jury found Carson and the brothers not guilty.

Barbara Zuniga, a visiting judge from Contra Costa County, was assigned to the Kauffman murder case in September 2015.

“There is no question that there is a part of me that would like to dismiss this case,” Zuniga told the attorneys Thursday, pointing out that four years have passed and the case has not ended. The judge said the case has had contentious litigation, producing a lot of nastiness from both sides.

Prosecutors alleged that Kauffman was killed after he was caught on Carson’s property trying to steal irrigation pipes. The defense argued that this was a vindictive prosecution intent on ruining Carson’s career.

Kauffman, 26, of Turlock went missing in 2012; his body was found more than a year later in a remote area of the Stanislaus National Forest in Mariposa County.

On Thursday, Robert Forkner, Wells’ attorney, called the District Attorney’s Office treatment of his client “reprehensible.”

Wells was arrested along with several others in August 2015. After spending 16 months in the Stanislaus County Jail, Wells in December 2016 was released from custody when Zuniga reduced his bail amount of $10 million to $50,000. Prosecutors had decided at that point they would not be seeking a murder charge against Wells.

The defense attorney told the judge that even if his client is convicted, Wells will be released for time already served behind bars. For that to happen, Forkner said, the prosecution will have to prove the murder happened, which they failed to do in Carson’s trial.

“This has gone on way too long,” Forkner told the judge. “What are we even doing here?”

Chief Deputy District Attorney Marlisa Ferreira argued that state law dictates that defendants can’t receive leniency from the court just because their co-defendants were found not guilty. She told the judge that the prosecution is simply following the facts in this case, and Wells has been ordered to stand trial.

The prosecutor told the judge that just because 12 jurors acquitted Carson and his two co-defendants doesn’t mean another jury won’t find Wells guilty.

“Reasonable minds differ,” Ferreira said in court. “This case is best to be decided by a jury.”

The judge said she determined there was enough evidence for Wells to stand trial, and that ruling was reviewed and upheld by another judge. She denied the defense’s request to dismiss the case.

“It would be really easy to dismiss this case, but that would be for the wrong reasons,” Zuniga said.

Frank Carson wants in on trial

Forkner plans to file another motion to dismiss the case against Wells. The defendant will return to court next month, when the court will decide whether he can have Carson represent him at trial. The prosecution told the judge on Thursday that Carson’s participation creates a conflict of interest for Wells.

Ferreira said witnesses who testified against Carson will testify in Wells’ trial, so that could produce some contentious situations in front of the jury. She also said Carson could be called as a witness in Wells’ trial, and the jury could develop a prejudice toward Wells because Carson is his attorney.

Forkner argued that Wells has the right to choose his own attorney, and he will question any witnesses the court deems necessary. He told the judge that Carson is well suited to represent Wells because Carson spent several years living this case and fighting for his life.

Zuniga said a court-appointed attorney will speak to Wells about any potential conflicts of interest. If Wells then decides to proceed to trial with Forkner and Carson, Wells can offer his waiver when he returns to court Jan. 10, the judge said.

This story was originally published December 20, 2019 at 1:22 PM.