Judge in Kauffman murder case throws out testimony from defendant’s mother

A judge on Monday threw out a significant portion of testimony from Robert Lee Woody’s mother, because the defendant’s statements minimized his involvement in the alleged murder of Korey Kauffman.

The defense asked the judge to exclude the testimony, because it was hearsay and not an exception to that evidence rule. Judge Barbara Zuniga said had Woody’s statements not reduced his responsibility in the alleged crime, his mother’s testimony would have been admissible.

“What he admits to is being a reluctant accessory,” Zuniga told the attorneys about Woody’s conversation with his mother several hours after authorities say Kauffman was killed and buried near a Turlock liquor store.

Authorities believe Frank Carson, a prominent Modesto attorney, led a criminal conspiracy to thwart thieves from repeatedly stealing antiques and scrap metal from his property. He is accused of recruiting people to send a violent message, which led to Kauffman’s death.

A preliminary hearing for Carson and five others charged in Kauffman’s slaying started in mid-October and continues into its ninth month. Woody is being prosecuted separately and has agreed to cooperate with authorities.

Beverly Woody has testified that her son told her Kauffman was killed on Carson’s property. Woody reportedly told his mother that Carson and his co-conspirators set a trap for Kauffman, that brothers Baljit Athwal and Daljit Atwal fought with Kauffman and that Daljit Atwal shot Kauffman.

Woody also told his mother that he was intimidated into helping the others remove the body and clean the scene.

Monday’s ruling means the judge will not consider this portion of the mother’s testimony when the court decides whether there is sufficient evidence for the defendants to stand trial.

Chief Deputy District Attorney Marlisa Ferreira argued Woody’s statements go against his own interests as a defendant. She said his mother’s testimony puts him at the crime scene, destroying evidence, hiding the body and burning the vehicle used to dump Kauffman’s remains in a remote area of Mariposa County 27 days after the killing.

The prosecutor told the judge Woody’s statements make him an accessory to murder and indicate he is obstructing justice, both serious crimes. She said Woody told his mother what happened to Kauffman, because he was afraid the same would happen to him.

“He wanted her to know the truth of what happened that night,” Ferreira said in court. “Everything he talks about subjects him to criminal liability.”

Defense attorney Martha Carlton-Magaña said prosecution investigators secretly recorded Woody in February 2014 telling his then-girlfriend that he killed Kauffman alone.

Carlton-Magaña argued the testimony from Woody’s mother was an attempt to falsely direct blame to the other defendants for a murder for which her son had already admitted sole responsibility. The attorney has called Woody a liar, changing his story to get a plea deal.

The prosecution has informed the court Woody is expected to receive a plea deal in exchange for his testimony. Woody, however, remains charged with murder and conspiracy to obstruct justice in the Kauffman case, since the prosecution has yet to reach a deal.

Ferreira said Monday Woody would not testify in the hearing. She said Woody, without a plea deal, has a right not to provide self-incriminating evidence in accordance with the Fifth Amendment.

“If I were to call him (to the witness stand), he would invoke the Fifth,” Ferreira said in court.

Without Woody’s mother’s testimony, the judge said the prosecutor will have to decide to either call Woody to the witness stand or have an investigator testify about what he said after agreeing to cooperate with authorities last year.

Either way, Zuniga said the hearing will likely go on longer than anyone expected. “You have no idea how much this pains me, Ms. Ferreira,” the judge told the prosecutor.

Zuniga made it clear to the attorneys her ruling only affects the preliminary hearing, not any trial that could follow in this case. She also said she needs more time to review the mother’s testimony to consider whether it can be admissible under alternative arguments the prosecutor made Monday.

This story was originally published July 11, 2016 at 6:37 PM with the headline "Judge in Kauffman murder case throws out testimony from defendant’s mother."