Defense begins cross-examination of Woody in Kauffman murder case

Robert Lee Woody’s plea deal was the focus of his testimony Wednesday as defense attorneys began their cross-examination of the key prosecution witness in the Korey Kauffman murder case.

Woody was the first to be charged with murder in Kauffman’s death. Prosecutors have agreed to drop the murder charge in exchange for Woody’s testimony against his co-defendants.

Defense attorney Robert Forkner asked Woody whether he was testifying because he received the plea deal. “I told them I would even testify without it,” Woody answered.

Wednesday was Woody’s third day testifying in a preliminary hearing for Modesto attorney Frank Carson and five others charged in Kauffman’s slaying. Prosecutors last week announced they had a signed testimonial agreement from Woody.

Woody faced a life sentence in prison if convicted on the murder charge. Before reaching the agreement with prosecutors, Woody said he anticipated receiving a deal that would result in a sentence of 10 to 18 years in prison.

He has since pleaded no contest to charges of voluntary manslaughter, conspiracy to obstruct justice and arson. Once he is done testifying in the Kauffman case, Woody will be formally sentenced to seven years and four months in prison. If he fails to fulfill his testimonial agreement, he could face a maximum sentence of 12 years and four months in prison.

Forkner asked Woody if he would still only face 12 years and four months in prison, even if he lied on the witness stand. Before Woody could respond, Chief Deputy District Attorney Marlisa Ferreira objected to the question, and Woody was ushered out of the courtroom so the attorneys could argue over the issue.

Ferreira clarified that if Woody lies on the witness stand and is proved by the court to have committed perjury, the plea deal would be voided. She said prosecutors would then seek a withdrawal of his no contest plea, and Woody would again face the murder charge.

Woody was arrested in March 2014 and has been in custody since. After his co-defendants were arrested a year ago, Woody decided to cooperate with the prosecution.

In an interview shortly after his arrest, Woody said he lied numerous times to law enforcement officials. Forkner went through a transcript of that interview in court Wednesday, asking Woody about more than two dozen times he lied in that interview.

He testified that he lied about Kauffman’s death because he was “stupid” and he didn’t want to go to prison for the rest of his life.

The defense says Woody has given conflicting stories, including one account in which he claimed sole responsibility for Kauffman’s death during a recorded conversation with his then-girlfriend Miranda Dykes. Woody testified Wednesday that Dykes later told him she had secretly recorded him, and that he was drunk and high on drugs when he confessed to Kauffman’s murder.

The prosecution believes Carson led a 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.

Woody has testified that Carson told him about the thefts on his Turlock property and gave him the name and address of his neighbor, Michael Cooley, who was believed responsible for the thefts. Carson’s property on Ninth Street and Cooley’s home on Lander Avenue were separated by a fence.

The prosecution says Kauffman, 26, was last seen alive March 30, 2012, leaving Cooley’s home and heading to Carson’s property to steal irrigation pipes. Woody claims that brothers Baljit Athwal and Daljit Atwal were fighting with Kauffman on Carson’s property, when Kauffman was shot to death.

The brothers own the Pop-N-Cork liquor store in Turlock, and Woody worked at the store. Woody said he helped bury Kauffman’s body near the liquor store and then helped dump the body in the Stanislaus National Forest a few weeks later.

Forkner asked if he knew at the time where Kauffman’s body was. “No, I didn’t know. Yeah, I went up there. I didn’t know where it was put at; I didn’t have an address,” Woody answered.

Woody said his drugs of choice are marijuana and methamphetamine. The 41-year-old man said he has used meth for most of his life, starting when he was 17. He said Baljit Athwal and Daljit Atwal were trying to get him off meth, and they helped him get dental work to replace diseased teeth. He also said he never demanded money from the liquor store owners in exchange for his silence.

Woody said Wednesday that he told investigators he was squeamish around blood, yet he has testified that he cut off Kauffman’s fingers and toes with a sheetrock knife before burying his body near the store.

The defense’s cross-examination of Woody is expected to continue Thursday in Stanislaus Superior Court.

This story was originally published August 10, 2016 at 6:32 PM with the headline "Defense begins cross-examination of Woody in Kauffman murder case."