Judge warns prosecution about evidence in Korey Kauffman murder case
A judge on Wednesday denied a defense request for sanctions over a missing polygraph exam in the Korey Kauffman murder case, but she warned the prosecutor about a series of failures by the Stanislaus County District Attorney’s Office to disclose exculpatory evidence.
Judge Barbara Zuniga told Chief Deputy District Attorney Marlisa Ferreira to gather every investigator in the homicide case in a room, ask them to bring along every piece of information they’ve collected in the past four years and make sure they have handed the prosecutor everything.
“You need to do something to make sure this doesn’t continually happen,” Zuniga told the prosecutor.
The defense says that the defendants’ due process rights were violated when prosecution investigators hid Robert Lee Woody’s polygraph exam, information that includes exculpatory evidence for the defendants. The attorneys argued the prosecution’s case relies solely on Woody’s statements, which have been used as corroborating evidence for testimony from other witnesses.
The prosecution argued it was not aware that information from a lie-detector test conducted by state prison officials existed and that the defense attorneys now have all the polygraph information to use while cross-examining Woody on the witness stand. Authorities believe other witnesses have provided testimony that supports the prosecution’s allegations.
The defense has already begun cross-examining Woody, but his testimony has been put on hold for more than a week to deal with the polygraph issue. A video recording of the April 2014 lie-detector test was shown in court last week.
The judge said the information from the polygraph exam did contain exculpatory evidence, but the defense can still cross-examine Woody and call other witnesses back to testify. Zuniga ruled that the delay in disclosing the lie-detector test did not violate the defendants’ due process rights.
The case is in the middle of a preliminary hearing for Modesto attorney Frank Carson and five others charged in Kauffman’s slaying. Woody, who was the first person charged with murder in Kauffman’s death, has agreed to testify in exchange for leniency.
The purpose of the preliminary hearing, which began in mid-October, is to determine whether there is enough evidence for the defendants to stand trial. The judge warned the prosecutor that her decision would have been different had a trial already been ordered.
Zuniga said the prosecutor suggested that the defense was responsible for the delays resulting in this lengthy hearing that has gone on for more than 10 months. The judge told Ferreira, “You’re equally responsible for the length of this hearing.”
She went on to warn the prosecution about evidence that has continued “falling through the cracks.” Zuniga said the number of evidentiary hearings in this case has been a source of aggravation for her, and she is hoping to end the preliminary hearing before the end of the year.
Arguments over the polygraph exam concluded Wednesday before the judge’s ruling. The lie-detector test was conducted two years and four months ago, but only surfaced a few weeks ago.
Defense attorney Martha Carlton-Magaña told the judge that the warrant used to arrest the defendants a year ago, along with some of the search warrants and wiretaps in this murder case, was based on Woody’s March 2014 statements to investigators.
Carlton-Magaña said this issue will continue to be the focus of argument throughout the rest of the preliminary hearing or any trial ordered. “We have a lot more ground to travel here, unfortunately,” she told the judge.
It’s unclear when Woody will return to the witness stand. Defense attorney Jesse Garcia is requesting Woody’s medical records after hearing discussion in the polygraph exam video that suggests he was being treated with psychotropic drugs.
The preliminary hearing is expected to continue Thursday with testimony from three prison inmates. Defense attorney Robert Forkner has told the judge that the inmates have said Michael Cooley confessed to being involved in Kauffman’s murder.
In March 2012, Cooley’s Lander Avenue home and Carson’s Ninth Street property were separated by a fence. Authorities believe Kauffman was last seen alive leaving Cooley’s home and heading to Carson’s property to steal irrigation pipes. Cooley and Kauffman were friends.
Rosalio Ahumada: 209-578-2394, @ModBeeCourts
This story was originally published August 31, 2016 at 6:09 PM with the headline "Judge warns prosecution about evidence in Korey Kauffman murder case."