Three not-guilty pleas – two from CHP officers – in Kauffman murder case
Three defendants facing charges related to the death of Turlock man Korey Kauffman pleaded not guilty this morning.
Christina Anne DeFilippo and CHP Officers Scott McFarlane and Eduardo Quintanar Jr. are each charged with conspiracy to obstruct justice and being an accessory in the case. The three, out on bail, appeared in Stanislaus County Court Monday. Each of them refused to waive their right to a speedy trial.
A court hearing for six other defendants continues Monday afternoon. Prominent defense attorney Frank Carson is accused of orchestrating a criminal conspiracy that resulted in the March 2012 death of Kauffman, 26, and a cover-up of his slaying. Along with Carson, prosecutors have charged his wife, Georgia DeFilippo; brothers Baljit Athwal and Daljit Atwal; and former California Highway Patrol Officer Walter Wesley Wells with murder and conspiracy to obstruct justice in Kauffman’s death. Robert Lee Woody, a former client of Carson’s, is also charged in the case. He is appearing in court separately. Christina DeFilippo is Georgia DeFillipo’s daughter.
For those who remain in custody, one matter has been settled: the shackling of the inmates when they meet with their attorneys.
Attorneys Martha Carlton-Magana, who represents Balgit Athwal, and Percy Martinez, who represents Carson, had sought to have Sheriff Adam Christianson held in contempt for not complying with a judge’s order to unshackle their clients when the defendants visited with attorneys after an appelate court on Thursday declined to hear the matter.
Judge Barbara Zuniga, a visiting judge from Contra Costa County assigned to handle the murder trial, said she was disappointed the sheriff had not complied, but would not hold him in contempt because she found he had not been properly served. Attorneys served jail staff instead of the sheriff himself.
Christianson said once he saw the appelate court’s decision on Friday night, he directed his staff to unshackle one hand of each inmate when he or she met with with an attorney.
Christianson said Monday he still plans to discuss the matter at a Sept. 21 hearing, but in the meantime attorneys found a compromise that will allow the defendants to meet with their attorneys with their hands cuffed in front of them, but without a “black box” that covers the chain between each cuff.
The box is intended to prevent anyone from tampering with the lock. It does inhibit mobility, Christianson said.
“We need an opportunity to make our case,” Christianson said. “While I certainly respect the court, the sheriff is not going to knowingly ask his team to violate our safety and security protocols.”
Monday’s proceedings were moved from the main courthouse to a former United States Bankruptcy courtroom. That court had been remodeled for a seven-defendant murder trial earlier this year.
While the out-of-custody defendants have refused to waive time, those in custody have waived that right. Prosecutors want to try all the defendants together, but it’s is not year clear if that will happen.
We will have more on this story later today.
This story was originally published September 14, 2015 at 4:50 PM with the headline "Three not-guilty pleas – two from CHP officers – in Kauffman murder case."