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These are the user uploaded subtitles that are being translated: 1 00:00:01,001 --> 00:00:03,934 [dramatic music] 2 00:00:04,038 --> 00:00:08,491 3 00:00:38,383 --> 00:00:45,321 4 00:00:52,259 --> 00:00:54,778 We are in Stanislaus County, 5 00:00:54,882 --> 00:00:58,023 the agricultural center of the United States. 6 00:00:58,127 --> 00:01:00,405 These are almond orchards. 7 00:01:00,508 --> 00:01:02,096 How cool. 8 00:01:02,200 --> 00:01:04,374 Oh, that's so cool. 9 00:01:04,478 --> 00:01:08,309 And we're only, like, a mile outside of town. 10 00:01:10,346 --> 00:01:12,072 Turlock in Stanislaus County-- 11 00:01:12,175 --> 00:01:14,350 it is a heavily agriculture area, 12 00:01:14,453 --> 00:01:16,524 and that helps build the community. 13 00:01:16,628 --> 00:01:19,665 Our town is probably one of the best all along the 99. 14 00:01:19,769 --> 00:01:22,185 You can kind of get everything you need here. 15 00:01:22,289 --> 00:01:25,602 It's just a nice, quaint, peaceful place to live. 16 00:01:25,706 --> 00:01:28,467 17 00:01:28,571 --> 00:01:31,229 This is literally Americana, with the tree-lined street 18 00:01:31,332 --> 00:01:35,405 that creates the little... canopy. 19 00:01:35,509 --> 00:01:37,614 And everything's orderly. 20 00:01:37,718 --> 00:01:39,202 I have to imagine this is a really good, 21 00:01:39,306 --> 00:01:41,342 like, trick-or-treating town. 22 00:01:41,446 --> 00:01:44,897 I mean, it's beautiful here. 23 00:01:45,001 --> 00:01:46,796 But there's a problem, 24 00:01:46,899 --> 00:01:50,282 and it is drugs. 25 00:01:50,386 --> 00:01:53,975 And so we see a lot of folks like this 26 00:01:54,079 --> 00:01:57,151 really struggling, 27 00:01:57,255 --> 00:01:59,809 just walking up and down the main drag. 28 00:01:59,912 --> 00:02:02,777 That's not fun. 29 00:02:02,881 --> 00:02:04,262 Specifically in Turlock, 30 00:02:04,365 --> 00:02:06,954 there's a lot of heroin and meth. 31 00:02:07,057 --> 00:02:08,369 You see it in the people 32 00:02:08,473 --> 00:02:10,302 that come and try to sell stuff to us. 33 00:02:10,406 --> 00:02:13,478 They're trying to sell us stolen stuff, or they're-- 34 00:02:13,581 --> 00:02:15,514 You know, sometimes I think they're stealing from us, too. 35 00:02:15,618 --> 00:02:18,414 The methamphetamine epidemic 36 00:02:18,517 --> 00:02:21,071 and the crimes associated with it are-- 37 00:02:21,175 --> 00:02:23,073 You name it. Everything's open. 38 00:02:23,177 --> 00:02:25,559 It's open game. It's the Wild West out here. 39 00:02:25,662 --> 00:02:27,181 Oh, and the police presence is huge. 40 00:02:27,285 --> 00:02:29,563 We have seen so much law enforcement 41 00:02:29,666 --> 00:02:32,428 just even in, like, a five-block radius. 42 00:02:32,531 --> 00:02:34,533 The very things that make this 43 00:02:34,637 --> 00:02:37,502 a successful agricultural community, 44 00:02:37,605 --> 00:02:40,608 you know, the way they can send out food everywhere in America, 45 00:02:40,712 --> 00:02:44,025 it's the same reason this has become a drug hub. 46 00:02:44,129 --> 00:02:48,444 And in this case, drugs play a huge part. 47 00:02:48,547 --> 00:02:52,448 In 2012, a young man named Korey Kauffman went missing, 48 00:02:52,551 --> 00:02:56,486 and a huge investigation was launched. 49 00:02:56,590 --> 00:02:58,799 And it turned into one of the longest, 50 00:02:58,902 --> 00:03:00,594 most expensive trials 51 00:03:00,697 --> 00:03:02,458 not only in this county's history, 52 00:03:02,561 --> 00:03:04,667 but in the State of California. 53 00:03:07,083 --> 00:03:08,843 I'm Kevin Pickett. 54 00:03:08,947 --> 00:03:11,191 I'm Korey's stepfather. 55 00:03:11,294 --> 00:03:12,882 I've had him since he was a year old, 56 00:03:12,985 --> 00:03:15,885 and I've grown to love him more than even life itself. 57 00:03:15,988 --> 00:03:17,645 He loved life. 58 00:03:17,749 --> 00:03:19,509 You could hear him singing in the shower. 59 00:03:19,613 --> 00:03:22,409 He'd come out of the bathroom, you know, with a towel on. 60 00:03:22,512 --> 00:03:26,067 He'd slide across the floor like Tom Cruise in that movie. 61 00:03:26,171 --> 00:03:28,898 He's always been a great kid, 62 00:03:29,001 --> 00:03:33,074 but he just got in with the wrong people in this town. 63 00:03:33,178 --> 00:03:35,007 And I think a lot of things happened to him 64 00:03:35,111 --> 00:03:36,906 because of this town. 65 00:03:37,009 --> 00:03:38,701 Korey had a problem with meth, 66 00:03:38,804 --> 00:03:43,119 and he started hanging around this man named Mike Cooley. 67 00:03:43,223 --> 00:03:45,846 Mike was in prison for a long time, 68 00:03:45,949 --> 00:03:47,503 which I didn't like. 69 00:03:47,606 --> 00:03:49,470 And I could feel it in my bones 70 00:03:49,574 --> 00:03:52,439 that the things that Mike did with him wasn't always great. 71 00:03:52,542 --> 00:03:54,406 Mike was stealing stuff-- 72 00:03:54,510 --> 00:03:57,720 tools, antiques, and other things-- 73 00:03:57,823 --> 00:04:00,067 you know, for meth. 74 00:04:00,170 --> 00:04:03,243 So, that day, my son got up and did his thing 75 00:04:03,346 --> 00:04:05,624 and didn't come home that night. 76 00:04:05,728 --> 00:04:07,350 And I said, "Something's wrong. 77 00:04:07,454 --> 00:04:08,800 He would have called me at least." 78 00:04:08,903 --> 00:04:10,560 And that's when I called the cops, 79 00:04:10,664 --> 00:04:12,182 you know, just trying to find my son. 80 00:04:12,286 --> 00:04:13,736 That's all I care about. 81 00:04:16,635 --> 00:04:17,774 How are you? - Kevin, I'm Hilarie. 82 00:04:17,878 --> 00:04:19,914 How are you? - Glad to meet you. 83 00:04:20,018 --> 00:04:21,226 It's so nice to meet you. 84 00:04:21,330 --> 00:04:23,435 I want to hear all about Korey from you. 85 00:04:23,539 --> 00:04:27,059 That's Korey and his mom. 86 00:04:27,163 --> 00:04:29,786 He's a handsome kid. 87 00:04:29,890 --> 00:04:33,376 Yeah, he was. He was big blue-eyed, blonde-haired. 88 00:04:33,480 --> 00:04:36,034 His laugh was just one of a kind. 89 00:04:37,794 --> 00:04:40,728 This is what we call his Billy Bob look. 90 00:04:40,832 --> 00:04:42,247 [laughing] His Billy Bob look? 91 00:04:42,351 --> 00:04:43,524 - Yeah, his cowboy-- - Is that what you said? 92 00:04:43,628 --> 00:04:45,215 - Yeah. - Wait, was he into cowboying? 93 00:04:45,319 --> 00:04:47,459 Oh, he loved cowboy. 94 00:04:47,563 --> 00:04:50,255 Here he is before he came up missing. 95 00:04:50,359 --> 00:04:53,223 - Hmm. - We're close. 96 00:04:53,327 --> 00:04:55,536 So what's the last time that you see Korey? 97 00:04:55,640 --> 00:04:57,573 I seen him going down the road. 98 00:04:57,676 --> 00:04:59,540 He was gonna take a wheelbarrow back 99 00:04:59,644 --> 00:05:00,886 that he had borrowed. 100 00:05:00,990 --> 00:05:02,957 He didn't come home the next day. 101 00:05:03,061 --> 00:05:06,133 So I went to Mike Cooley's trying to find Korey, 102 00:05:06,236 --> 00:05:07,341 and his bike was there. 103 00:05:07,445 --> 00:05:08,549 So your son's bike 104 00:05:08,653 --> 00:05:09,964 is still sitting at Mike Cooley's house? 105 00:05:10,068 --> 00:05:11,138 Yeah. 106 00:05:11,241 --> 00:05:13,002 Mike said, "Korey's not here." 107 00:05:13,105 --> 00:05:14,521 I said, "Well, where is he at?" 108 00:05:14,624 --> 00:05:16,971 He said, "Well, I told him not to go over to that property, 109 00:05:17,075 --> 00:05:18,973 but I think he went over there anyway." 110 00:05:19,077 --> 00:05:20,389 I said, "What property?" 111 00:05:20,492 --> 00:05:22,218 He said, "Over there," behind his house, 112 00:05:22,322 --> 00:05:24,116 because that's where the lawyer 113 00:05:24,220 --> 00:05:25,842 Frank Carson's property was 114 00:05:25,946 --> 00:05:29,605 that Mike and Korey were supposedly stealing stuff from. 115 00:05:29,708 --> 00:05:32,849 So what do you do after that? 116 00:05:32,953 --> 00:05:35,714 I went to Frank Carson's property. 117 00:05:35,818 --> 00:05:37,647 Frank's stepdaughter was there. 118 00:05:37,751 --> 00:05:39,615 Frank--he was on the phone with his stepdaughter. 119 00:05:39,718 --> 00:05:41,962 And I talked about going on the property 120 00:05:42,065 --> 00:05:43,515 and just looking to see if there's evidence 121 00:05:43,619 --> 00:05:45,068 of my son being over there somehow. 122 00:05:45,172 --> 00:05:47,208 And she tried to shut the door in my face. 123 00:05:47,312 --> 00:05:48,796 And I put my foot inside the door. 124 00:05:48,900 --> 00:05:51,454 Everybody would not talk to me. 125 00:05:51,558 --> 00:05:53,525 I was just asking questions 126 00:05:53,629 --> 00:05:55,872 and concerned about certain things. 127 00:05:55,976 --> 00:05:57,253 Why would you do that? 128 00:05:57,357 --> 00:05:59,359 - Do you call law enforcement? - Yep. 129 00:05:59,462 --> 00:06:00,843 And what did they say to you? 130 00:06:00,946 --> 00:06:02,810 That I'd have to wait a certain amount of time 131 00:06:02,914 --> 00:06:05,537 before I could place a missing-person report. 132 00:06:05,641 --> 00:06:08,678 So we waited 72 hours, I believe. 133 00:06:08,782 --> 00:06:12,302 And that's when I reported him missing. 134 00:06:12,406 --> 00:06:15,029 What do you do after that? 135 00:06:15,133 --> 00:06:16,721 I started making up flyers. 136 00:06:16,824 --> 00:06:18,378 Was this was one of them? 137 00:06:18,481 --> 00:06:20,587 How many of these do you think you passed out? 138 00:06:20,690 --> 00:06:21,967 - 1,000... - Really? 139 00:06:22,071 --> 00:06:23,210 Or more. 140 00:06:23,313 --> 00:06:26,972 But nothing else was being done. 141 00:06:27,076 --> 00:06:31,011 And then the highway patrolman next door to my house-- 142 00:06:31,114 --> 00:06:32,771 talked to him about, 143 00:06:32,875 --> 00:06:36,119 what can I do to get something going on about my son's case? 144 00:06:36,223 --> 00:06:38,536 I told him, like, "My son-- he ended up on a property 145 00:06:38,639 --> 00:06:40,814 over at Frank Carson's house." 146 00:06:40,917 --> 00:06:42,919 When I mentioned Frank Carson's name, 147 00:06:43,023 --> 00:06:45,197 that's when it really started escalating 148 00:06:45,301 --> 00:06:49,201 into this big investigation. 149 00:06:49,305 --> 00:06:53,102 Korey Kauffman was missing, and no one heard about it. 150 00:06:53,205 --> 00:06:56,968 It was just another poor, lost drug-addicted soul, 151 00:06:57,071 --> 00:06:59,315 and the cops didn't care particularly. 152 00:06:59,419 --> 00:07:01,766 No one was involved. Nothing happened. 153 00:07:01,869 --> 00:07:04,665 And it wasn't until they looked at Frank Carson 154 00:07:04,769 --> 00:07:08,945 that all of a sudden people heard about Korey Kauffman. 155 00:07:09,049 --> 00:07:10,050 My name is Doug Maner. 156 00:07:10,153 --> 00:07:12,708 I've been a lawyer for 40 years, including 22 157 00:07:12,811 --> 00:07:15,573 with the Stanislaus County District Attorney's Office. 158 00:07:15,676 --> 00:07:18,817 And I watched Frank in action when I was a prosecutor 159 00:07:18,921 --> 00:07:21,889 and he was a defense attorney for many, many years. 160 00:07:21,993 --> 00:07:23,753 There's a million Frank Carson stories 161 00:07:23,857 --> 00:07:26,135 about all the things he'd done in the courthouse. 162 00:07:26,238 --> 00:07:29,897 He'd be in the grill of these cops, these DAs, 163 00:07:30,001 --> 00:07:33,487 and saying, you know, "Your case is bad." 164 00:07:33,591 --> 00:07:35,213 He'll be calling them insulting names. 165 00:07:35,316 --> 00:07:39,838 He'll accuse them of sexual deviancy, of dishonesty. 166 00:07:39,942 --> 00:07:41,840 I mean, he made people, you know, 167 00:07:41,944 --> 00:07:44,222 viscerally, personally angry. 168 00:07:44,325 --> 00:07:46,051 If Frank wasn't the suspect, 169 00:07:46,155 --> 00:07:48,088 no one would have heard about Korey Kauffman. 170 00:07:48,191 --> 00:07:49,952 We wouldn't be here today. 171 00:07:52,161 --> 00:07:54,301 Birgit Fladager is the elected district attorney 172 00:07:54,404 --> 00:07:55,647 of Stanislaus County, 173 00:07:55,751 --> 00:07:58,547 and she is completely in charge 174 00:07:58,650 --> 00:08:00,825 of something like 30, 35 attorneys 175 00:08:00,928 --> 00:08:03,586 and a budget of untold millions of dollars. 176 00:08:03,690 --> 00:08:06,106 And she felt offended 177 00:08:06,209 --> 00:08:08,798 by the things that Frank did to her attorneys. 178 00:08:08,902 --> 00:08:11,387 She felt protective of them. 179 00:08:11,491 --> 00:08:14,217 And she said, "He's a bad man." 180 00:08:14,321 --> 00:08:19,326 So everybody paid attention when Frank's name came up. 181 00:08:19,429 --> 00:08:21,086 Once you get them to take 182 00:08:21,190 --> 00:08:23,572 the missing-person case seriously, 183 00:08:23,675 --> 00:08:27,403 the one person that put your son at Frank Carson's 184 00:08:27,507 --> 00:08:28,887 is Mike Cooley. 185 00:08:28,991 --> 00:08:30,406 Exactly. 186 00:08:30,510 --> 00:08:32,822 If my son did go over there, it was 'cause of Mike Cooley, 187 00:08:32,926 --> 00:08:35,756 'cause they was apparently thieving antiques 188 00:08:35,860 --> 00:08:38,690 and property from them. 189 00:08:38,794 --> 00:08:42,694 Michael Cooley is a local thug. 190 00:08:42,798 --> 00:08:44,765 If you're from Turlock and you're up to shenanigans 191 00:08:44,869 --> 00:08:49,494 or methamphetamine type of activities, 192 00:08:49,598 --> 00:08:51,013 you're gonna know Mike Cooley. 193 00:08:51,116 --> 00:08:52,083 I'm Alvino. 194 00:08:52,186 --> 00:08:53,705 I work for the Sheriff's Department 195 00:08:53,809 --> 00:08:55,189 for the last 28 years. 196 00:08:55,293 --> 00:08:56,812 Mike has stayed in this area 197 00:08:56,915 --> 00:08:58,952 since the beginning of my career, 198 00:08:59,055 --> 00:09:02,093 you know, robbing, stealing to get high kind of stuff. 199 00:09:02,196 --> 00:09:03,404 He did carry some weight 200 00:09:03,508 --> 00:09:05,855 because he was a pretty muscular guy. 201 00:09:05,959 --> 00:09:08,271 And because of his connections on the streets, 202 00:09:08,375 --> 00:09:11,551 he was well regarded with the inmate population. 203 00:09:11,654 --> 00:09:13,794 Did they look at Michael Cooley? 204 00:09:13,898 --> 00:09:15,624 Yeah. They said they talked to him. 205 00:09:15,727 --> 00:09:17,902 And they said, "Well, he was clean," you know? 206 00:09:18,005 --> 00:09:21,526 And then I saw that interview with the "Turlock Journal." 207 00:09:21,630 --> 00:09:23,183 Korey was over there earlier that day, 208 00:09:23,286 --> 00:09:25,323 and we was in my backyard playing horseshoes. 209 00:09:25,426 --> 00:09:27,912 And... 210 00:09:28,015 --> 00:09:30,259 there was some pipe on the other side of the fence 211 00:09:30,362 --> 00:09:31,260 on Frank's property. 212 00:09:31,363 --> 00:09:34,815 And... Korey seen it. 213 00:09:34,919 --> 00:09:36,645 He wanted to go over there and get it. 214 00:09:36,748 --> 00:09:38,543 I told him that there were some people over there, 215 00:09:38,647 --> 00:09:40,890 that we wasn't gonna go do it. 216 00:09:40,994 --> 00:09:43,099 And he gave me his word he wasn't gonna go do it. 217 00:09:43,203 --> 00:09:44,480 He said he was gonna go somewhere else 218 00:09:44,584 --> 00:09:45,826 and try to make the money. 219 00:09:45,930 --> 00:09:46,965 Apparently he lied to me. 220 00:09:47,069 --> 00:09:49,105 He went over that fence, and... 221 00:09:51,521 --> 00:09:53,800 And he never came back. 222 00:09:53,903 --> 00:09:56,837 We had a house in Turlock. 223 00:09:56,941 --> 00:09:59,115 There was a lot of drug activity in the neighborhood, 224 00:09:59,219 --> 00:10:02,705 and they were stealing from us, and we lost a lot of stuff. 225 00:10:02,809 --> 00:10:04,500 My name is Georgia DeFilippo. 226 00:10:04,604 --> 00:10:06,813 My husband is Frank Carson. 227 00:10:06,916 --> 00:10:11,507 By the early 2000s, we had a booming law business. 228 00:10:11,611 --> 00:10:14,096 And we had kind of this side hustle 229 00:10:14,199 --> 00:10:15,407 of selling antiques. 230 00:10:15,511 --> 00:10:17,375 And we'd go to swap meets 231 00:10:17,478 --> 00:10:22,000 and do things on weekends that were not law-related. 232 00:10:22,104 --> 00:10:23,968 I had a vegetable garden over there, 233 00:10:24,071 --> 00:10:26,211 and Frank loved old cars. 234 00:10:26,315 --> 00:10:28,869 And we loved to collect antiques. 235 00:10:28,973 --> 00:10:30,871 It just was a good life. 236 00:10:30,975 --> 00:10:34,668 And then along about 2011, we were at a swap meet, 237 00:10:34,772 --> 00:10:36,221 and we saw a man. 238 00:10:36,325 --> 00:10:38,258 [scoffs] He was selling some of our stuff. 239 00:10:38,361 --> 00:10:39,673 Frank recognized it. 240 00:10:39,777 --> 00:10:42,400 And he just flipped. 241 00:10:42,503 --> 00:10:44,574 So we went home, 242 00:10:44,678 --> 00:10:48,820 and that's when we discovered the fence had been cut 243 00:10:48,924 --> 00:10:50,960 and that the containers were open. 244 00:10:51,064 --> 00:10:53,238 Everything had been gone through. 245 00:10:53,342 --> 00:10:56,414 We made a couple reports to the police, but the cops told me, 246 00:10:56,517 --> 00:10:58,761 you know, that we have to catch them in the act. 247 00:10:58,865 --> 00:11:01,212 Then we decided to put barbed wire 248 00:11:01,315 --> 00:11:02,558 on top of the fences, 249 00:11:02,662 --> 00:11:04,940 and we bought a motion detector. 250 00:11:05,043 --> 00:11:07,597 But thieves kept coming back. 251 00:11:07,701 --> 00:11:09,841 That's when Mike Cooley lived in the house 252 00:11:09,945 --> 00:11:11,774 on the other side of the fence, 253 00:11:11,878 --> 00:11:16,123 and he just started stealing everything. 254 00:11:16,227 --> 00:11:18,608 When I first met Frank and he was over our house 255 00:11:18,712 --> 00:11:21,232 to see if we had any of his stolen property, 256 00:11:21,335 --> 00:11:22,854 he threatened-- I mean, he kicked my door in. 257 00:11:22,958 --> 00:11:24,649 He kicked the gate in. 258 00:11:24,753 --> 00:11:26,547 He didn't have no respect for nothing. 259 00:11:26,651 --> 00:11:28,653 And he said, "If I ever catch you or any of your friends 260 00:11:28,757 --> 00:11:30,275 in my backyard"-- 261 00:11:30,379 --> 00:11:32,036 and he goes, "Especially you, Mr. Cooley"-- 262 00:11:32,139 --> 00:11:34,935 he goes, "I will kill you." 263 00:11:35,039 --> 00:11:36,626 District attorney and investigators 264 00:11:36,730 --> 00:11:39,629 interview Mr. Cooley and came up with a theory 265 00:11:39,733 --> 00:11:42,080 that Korey Kauffman was one of the thieves, 266 00:11:42,184 --> 00:11:44,531 and Frank caught him and killed him. 267 00:11:44,634 --> 00:11:46,429 Now, no one knows he's dead. 268 00:11:46,533 --> 00:11:49,432 They just know he's not around Turlock anymore. 269 00:11:49,536 --> 00:11:51,607 It's very hard to prosecute a no-body homicide. 270 00:11:51,711 --> 00:11:53,402 So the cops were very aggressive 271 00:11:53,505 --> 00:11:54,610 in developing evidence. 272 00:11:54,714 --> 00:11:57,509 [line trilling] 273 00:12:01,548 --> 00:12:02,929 Traditionally, law enforcement 274 00:12:03,032 --> 00:12:06,277 does not use wiretaps to investigate their cases, 275 00:12:06,380 --> 00:12:09,418 except in very rare and limited circumstances. 276 00:12:09,521 --> 00:12:12,939 But in this case, wiretaps were used a lot. 277 00:12:41,830 --> 00:12:43,348 The District Attorney's Office, 278 00:12:43,452 --> 00:12:46,904 headed by Birgit Fladager, created a task force. 279 00:12:47,007 --> 00:12:49,044 I've never seen it in 30 years in this county, 280 00:12:49,147 --> 00:12:51,356 where the District Attorney's Office 281 00:12:51,460 --> 00:12:54,774 would be the lead investigative agency in a case. 282 00:12:56,845 --> 00:12:58,398 We were working at the office, 283 00:12:58,501 --> 00:13:01,884 and an officer came in from the Turlock Police Department. 284 00:13:01,988 --> 00:13:03,368 And he said, "I have some questions 285 00:13:03,472 --> 00:13:05,508 regarding the disappearance of Korey Kauffman." 286 00:13:05,612 --> 00:13:08,097 And Frank said, "Well, if you have any questions, 287 00:13:08,201 --> 00:13:09,858 I want you to put them in writing." 288 00:13:09,961 --> 00:13:13,758 And, you know, the officer tried to ask a few. 289 00:13:13,862 --> 00:13:15,277 And he said, "Well, I just need to know"-- 290 00:13:15,380 --> 00:13:16,865 Frank would just say, "Put them in writing. 291 00:13:16,968 --> 00:13:18,280 Put them in writing." 292 00:13:18,383 --> 00:13:19,453 So he left. 293 00:13:19,557 --> 00:13:20,972 It's 7:00. 294 00:13:21,076 --> 00:13:23,078 We're getting ready to leave for the night. 295 00:13:23,181 --> 00:13:25,045 And I look up, and these three guys 296 00:13:25,149 --> 00:13:26,978 had just walked into our office-- 297 00:13:27,082 --> 00:13:29,118 Investigator Bunch from the District Attorney's Office, 298 00:13:29,222 --> 00:13:32,018 and he was accompanied by a couple of detectives. 299 00:13:38,162 --> 00:13:39,404 And they said, "Well, Frank, 300 00:13:39,508 --> 00:13:41,337 we'd like to ask you some questions." 301 00:13:51,554 --> 00:13:53,453 Get out! 302 00:13:53,556 --> 00:13:54,937 Get out! 303 00:13:55,041 --> 00:13:56,387 It was upsetting. They wouldn't go. 304 00:13:56,490 --> 00:13:58,009 They just stood there by the door. 305 00:13:58,113 --> 00:14:00,460 Frank said "leave" a lot of times. 306 00:14:03,912 --> 00:14:05,672 Bunch was the one that did the talking. 307 00:14:05,775 --> 00:14:06,880 "We just have a few questions. 308 00:14:06,984 --> 00:14:08,364 Why won't you answer our questions?" 309 00:14:08,468 --> 00:14:09,952 Button pushing, you know? 310 00:14:13,404 --> 00:14:15,751 So Frank starts saying, "He's threatened my wife." 311 00:14:15,855 --> 00:14:16,856 Get out! 312 00:14:20,721 --> 00:14:22,137 And it went on. 313 00:14:24,898 --> 00:14:27,901 Finally, they left. 314 00:14:28,005 --> 00:14:30,593 Kirk Bunch, who was an investigator 315 00:14:30,697 --> 00:14:32,768 for the Stanislaus County District Attorney's Office, 316 00:14:32,872 --> 00:14:35,944 and Frank-- they knew each other. 317 00:14:36,047 --> 00:14:38,084 Kirk just hated Frank. 318 00:14:39,602 --> 00:14:43,123 Frank had a long and pretty controversial career 319 00:14:43,227 --> 00:14:45,229 here in Stanislaus County 320 00:14:45,332 --> 00:14:48,853 because he was the guy defending the underdogs. 321 00:14:48,957 --> 00:14:51,269 But that also made him 322 00:14:51,373 --> 00:14:54,203 the nemesis of law enforcement, 323 00:14:54,307 --> 00:14:56,412 who he'd battle in the courtroom. 324 00:14:56,516 --> 00:14:57,758 Hello? 325 00:14:57,862 --> 00:14:59,795 - Hi, Martha. How are you? - Oh, hi. 326 00:14:59,899 --> 00:15:02,211 It's so nice to meet you. 327 00:15:02,315 --> 00:15:04,489 I'd love to ask you about what your relationship was 328 00:15:04,593 --> 00:15:07,251 with Frank Carson predating this case. 329 00:15:07,354 --> 00:15:09,736 Frank and I work together in the public defender's office. 330 00:15:09,839 --> 00:15:11,876 Did you and Frank have similar reputations? 331 00:15:11,980 --> 00:15:13,360 No, I don't think so. 332 00:15:13,464 --> 00:15:16,881 I wasn't as direct as Frank is. [chuckles] 333 00:15:16,985 --> 00:15:18,952 - Was he a good yeller? - Oh, he yelled. 334 00:15:19,056 --> 00:15:20,367 - [chuckles] - He was a great yeller. 335 00:15:20,471 --> 00:15:22,749 But, mostly, the problem was he won. 336 00:15:22,852 --> 00:15:24,337 And is that what pissed people off? 337 00:15:24,440 --> 00:15:26,339 And that's what really irritated 338 00:15:26,442 --> 00:15:27,892 the District Attorney's Office, 339 00:15:27,996 --> 00:15:30,860 that he would call them names, 340 00:15:30,964 --> 00:15:32,690 insult them at every turn, 341 00:15:32,793 --> 00:15:34,278 and then beat them. 342 00:15:34,381 --> 00:15:36,970 Korey Kauffman goes missing. 343 00:15:37,074 --> 00:15:39,973 Your friend and colleague Frank Carson 344 00:15:40,077 --> 00:15:42,665 is very quickly pointed at. 345 00:15:42,769 --> 00:15:44,702 What was your understanding of who was directing 346 00:15:44,805 --> 00:15:46,359 people in Frank's direction? 347 00:15:46,462 --> 00:15:48,844 My understanding from the get-go 348 00:15:48,948 --> 00:15:50,363 was that Kirk Bunch, 349 00:15:50,466 --> 00:15:52,779 a district attorney investigator, 350 00:15:52,882 --> 00:15:55,230 was the person driving the train. 351 00:15:55,333 --> 00:15:57,680 On the witness stand, when the cops got away 352 00:15:57,784 --> 00:16:00,890 from the cold, hard facts and started shading things, 353 00:16:00,994 --> 00:16:04,342 Frank was very effective in pointing that out. 354 00:16:04,446 --> 00:16:06,586 Frank had some very intense, 355 00:16:06,689 --> 00:16:10,555 very hard-core personal attacks on Kirk Bunch 356 00:16:10,659 --> 00:16:14,283 and, in effect, accused him of being unhinged, unstable, 357 00:16:14,387 --> 00:16:17,321 and lying and fabricating evidence. 358 00:16:17,424 --> 00:16:20,013 So you've got the biggest haters in town 359 00:16:20,117 --> 00:16:22,636 in charge of Frank's investigation. 360 00:16:22,740 --> 00:16:24,845 A lot of criminal defendants, you know, they got the message, 361 00:16:24,949 --> 00:16:28,401 and they knew that, "If I had some bad information on Carson, 362 00:16:28,504 --> 00:16:31,369 I could use it to get out from a case." 363 00:16:46,246 --> 00:16:49,042 Robert Woody is from that drug-using community 364 00:16:49,146 --> 00:16:50,664 in Turlock, 365 00:16:50,768 --> 00:16:54,461 and he worked as a janitor for the Atwal brothers, 366 00:16:54,565 --> 00:16:56,429 the owners of Pop-N-Cork Liquor Store, 367 00:16:56,532 --> 00:16:58,534 known to us as Bobby and Dee. 368 00:16:58,638 --> 00:17:02,262 They knew Frank because Frank had represented Bobby 369 00:17:02,366 --> 00:17:04,678 in a bar-licensing issue a few years earlier. 370 00:17:04,782 --> 00:17:05,990 Okay. 371 00:17:06,094 --> 00:17:07,578 And now the theory was 372 00:17:07,681 --> 00:17:10,857 that the Atwals were there to provide security 373 00:17:10,960 --> 00:17:13,101 for Frank Carson on his property, 374 00:17:13,204 --> 00:17:15,862 and Korey Kauffman came on to the property 375 00:17:15,965 --> 00:17:18,451 and that the Atwals captured him, 376 00:17:18,554 --> 00:17:22,179 struggled with him, and shot him. 377 00:17:32,327 --> 00:17:35,295 So they're saying that Woody helped the Atwals 378 00:17:35,399 --> 00:17:37,021 kill Korey Kauffman? 379 00:17:37,125 --> 00:17:40,231 Yes, but he denied any involvement. 380 00:17:40,335 --> 00:17:43,062 But they kept looking for evidence 381 00:17:43,165 --> 00:17:46,306 and now focused on the two Atwal brothers 382 00:17:46,410 --> 00:17:48,343 who ran the Pop-N-Cork Liquor Store. 383 00:18:18,476 --> 00:18:20,202 The more people you have, the more chances there are 384 00:18:20,306 --> 00:18:21,617 that someone's gonna start talking. 385 00:18:21,721 --> 00:18:24,241 So they started to wiretap everybody 386 00:18:24,344 --> 00:18:26,208 who are friends of the Atwals. 387 00:18:26,312 --> 00:18:28,521 The Pop-N-Cork-- it had a back room, 388 00:18:28,624 --> 00:18:32,628 and it was a place where law enforcement would hang out. 389 00:18:32,732 --> 00:18:35,148 They could go into the back room, have a couple of beers. 390 00:18:35,252 --> 00:18:38,358 And when the Atwals, who were being harassed, 391 00:18:38,462 --> 00:18:40,567 in their minds, by Kirk Bunch-- 392 00:18:40,671 --> 00:18:42,293 they called their law enforcement friends 393 00:18:42,397 --> 00:18:44,744 to find out what they could do about it. 394 00:19:01,278 --> 00:19:03,935 They developed a lot of incidental evidence 395 00:19:04,039 --> 00:19:06,973 on Officers Walter Wells, 396 00:19:07,076 --> 00:19:09,458 Scott MacFarlan, and Quintanar. 397 00:19:09,562 --> 00:19:12,323 So how does Frank fall into that? 398 00:19:12,427 --> 00:19:14,394 Basically, the idea was that Frank 399 00:19:14,498 --> 00:19:16,258 had ordered the Atwals 400 00:19:16,362 --> 00:19:18,709 to kill whoever came on to his property. 401 00:19:18,812 --> 00:19:21,470 From the very beginning, they were looking at Frank. 402 00:19:21,574 --> 00:19:23,334 - For murder. - For murder, right. 403 00:19:23,438 --> 00:19:25,647 - Without a body. - Without a body. 404 00:19:25,750 --> 00:19:28,546 [dramatic music] 405 00:19:28,650 --> 00:19:31,170 406 00:19:31,273 --> 00:19:33,033 26-year-old Korey Kauffman-- 407 00:19:33,137 --> 00:19:36,830 his body was found by hunters in Stanislaus National Forest. 408 00:19:38,729 --> 00:19:41,525 Investigators came knocking on the door. 409 00:19:41,628 --> 00:19:44,804 They told me they had found Korey's body... 410 00:19:44,907 --> 00:19:46,599 remains. 411 00:19:46,702 --> 00:19:48,532 It hit me hard. 412 00:19:48,635 --> 00:19:51,673 Thought about suicide, about a lot of things at that time, 413 00:19:51,776 --> 00:19:53,882 and it hurt me bad. 414 00:20:28,572 --> 00:20:31,299 Robert Woody told his girlfriend 415 00:20:31,402 --> 00:20:33,508 that he was part of killing Korey Kauffman. 416 00:20:33,611 --> 00:20:35,441 - Really? - Yeah. He was arrested. 417 00:20:35,544 --> 00:20:37,684 He was interrogated for hours and hours and hours. 418 00:20:37,788 --> 00:20:39,652 - Come on, man. - Listen to this. 419 00:20:57,635 --> 00:21:00,638 Now, with the body and Woody's testimony, 420 00:21:00,742 --> 00:21:03,331 Birgit Fladager felt that she had 421 00:21:03,434 --> 00:21:05,678 all the ammunition she needed to get a conviction. 422 00:21:19,830 --> 00:21:20,969 No, no. 423 00:21:23,972 --> 00:21:27,976 This has been a long three-year investigation 424 00:21:28,079 --> 00:21:31,497 into the death and homicide of Korey Kauffman. 425 00:21:31,600 --> 00:21:34,569 The task force has worked together since 2012 426 00:21:34,672 --> 00:21:36,536 in order to see that justice is served, 427 00:21:36,640 --> 00:21:38,711 culminating in today's arrests 428 00:21:38,814 --> 00:21:41,334 and execution of search warrants. 429 00:21:41,438 --> 00:21:43,647 Police department! Search warrant! 430 00:21:43,750 --> 00:21:45,649 Carson is described as the ringleader, 431 00:21:45,752 --> 00:21:47,823 enlisting henchmen and bringing associates 432 00:21:47,927 --> 00:21:51,689 and three current and former CHP officers into the scheme. 433 00:21:51,793 --> 00:21:54,830 They attacked my house from all angles, 434 00:21:54,934 --> 00:21:57,246 even going over the backyard fences. 435 00:21:57,350 --> 00:22:00,802 This vehicle came around the corner with screeching tires... 436 00:22:00,905 --> 00:22:01,975 [dog barking] 437 00:22:02,079 --> 00:22:03,632 Pointing their gun at me. 438 00:22:03,736 --> 00:22:06,325 They arrested three cops, 439 00:22:06,428 --> 00:22:08,603 the two Atwals who ran the liquor store. 440 00:22:14,298 --> 00:22:15,679 Come here! 441 00:22:15,782 --> 00:22:18,923 They arrested Frank's wife, his daughter. 442 00:22:19,027 --> 00:22:22,789 I got the full treatment and the red-striped suit 443 00:22:22,893 --> 00:22:26,448 and a little cavity search, and off I go to B-max, 444 00:22:26,552 --> 00:22:27,967 maximum security. 445 00:22:28,070 --> 00:22:30,590 It took a lot of work, it took a lot of time, 446 00:22:30,694 --> 00:22:33,455 and it has finally come together. 447 00:22:35,526 --> 00:22:37,356 I couldn't believe it when it happened. 448 00:22:37,459 --> 00:22:39,323 In fact, this is the arrest warrant. 449 00:22:39,427 --> 00:22:41,843 - This entire thing? - Yes. 450 00:22:41,946 --> 00:22:44,017 It's 324 pages. 451 00:22:44,121 --> 00:22:46,951 How did you get involved in this case? 452 00:22:47,055 --> 00:22:49,471 The Atwals were arrested on Friday. 453 00:22:49,575 --> 00:22:52,129 And on Saturday, I became Bobby's attorney. 454 00:22:52,232 --> 00:22:55,028 [dramatic music] 455 00:22:55,132 --> 00:23:00,413 456 00:23:00,517 --> 00:23:02,967 Day one of the preliminary hearing, 457 00:23:03,071 --> 00:23:06,557 the state presented text messages and a wiretap 458 00:23:06,661 --> 00:23:08,801 on Georgia and her daughter. 459 00:23:08,904 --> 00:23:11,459 They had subpoenaed the text messages, 460 00:23:11,562 --> 00:23:14,220 discussions between Chrissy and Georgia, 461 00:23:14,323 --> 00:23:16,049 about security at the property. 462 00:23:16,153 --> 00:23:17,499 Uh-huh. 463 00:23:17,603 --> 00:23:19,259 Forensic analyst told the court 464 00:23:19,363 --> 00:23:21,020 he combed through more than 10,000 text messages 465 00:23:21,123 --> 00:23:22,711 from a backup file 466 00:23:22,815 --> 00:23:24,575 on a laptop belonging to Carson's stepdaughter, 467 00:23:24,679 --> 00:23:26,094 Christina DeFilippo, 468 00:23:26,197 --> 00:23:27,613 that prosecutors insist 469 00:23:27,716 --> 00:23:29,753 show the family was upset about the thefts 470 00:23:29,856 --> 00:23:31,720 and took measures into their own hands. 471 00:23:31,824 --> 00:23:33,860 Prosecutor is Marlisa Ferreira. 472 00:23:33,964 --> 00:23:37,761 She starts out the prelim with the text messages, 473 00:23:37,864 --> 00:23:39,728 where I asked Chrissy to go out into the field 474 00:23:39,832 --> 00:23:41,489 and see if anybody's there, you know? 475 00:23:41,592 --> 00:23:42,869 In one of the messages, 476 00:23:42,973 --> 00:23:44,526 Carson's wife, Georgia DeFilippo, 477 00:23:44,630 --> 00:23:46,632 writes her daughter... 478 00:23:50,187 --> 00:23:51,982 In another, she writes... 479 00:23:54,191 --> 00:23:56,089 Christina said, "I'm getting freaked out." 480 00:23:56,193 --> 00:23:58,126 And I said, "Don't worry, Frank's coming down later." 481 00:23:58,229 --> 00:24:00,887 And then I just kind of added, "And he's got his gun." 482 00:24:00,991 --> 00:24:02,682 I just thought it would make Chrissy feel better, 483 00:24:02,786 --> 00:24:06,065 but it turned out to be a pretty big deal. 484 00:24:06,168 --> 00:24:07,998 [line trilling] 485 00:24:11,311 --> 00:24:13,728 Christina and I had a phone conversation one day. 486 00:24:13,831 --> 00:24:16,731 She was being woken up about 7:00, 7:30 in the morning 487 00:24:16,834 --> 00:24:19,803 by two dueling lawnmowers next door. 488 00:24:19,906 --> 00:24:21,701 And she pounded on the window, and it broke, 489 00:24:21,805 --> 00:24:23,082 and she just was in tears. 490 00:24:33,679 --> 00:24:35,853 They tried to use that as proof 491 00:24:35,957 --> 00:24:37,717 that Georgia was willing to kill. 492 00:24:37,821 --> 00:24:40,271 - That's insane. - It was insane. 493 00:24:40,375 --> 00:24:43,482 They can take such innocent things out of context, 494 00:24:43,585 --> 00:24:45,587 and suddenly they make it into something 495 00:24:45,691 --> 00:24:48,659 that is not what you intended. 496 00:24:48,763 --> 00:24:52,145 The state's theory was that the Atwal brothers 497 00:24:52,249 --> 00:24:53,871 killed Korey Kauffman. 498 00:24:53,975 --> 00:24:55,770 Had the Atwal brothers ever been accused 499 00:24:55,873 --> 00:24:57,979 of a violent crime or murder before? 500 00:24:58,082 --> 00:25:01,638 No. The Atwals didn't have any kind of a record. 501 00:25:01,741 --> 00:25:03,950 So then what did the prosecution present? 502 00:25:04,054 --> 00:25:06,125 Their theory was that Dee Atwal 503 00:25:06,228 --> 00:25:08,955 shot Korey Kauffman on Frank's property. 504 00:25:09,059 --> 00:25:13,097 Then Dee Atwal and Bobby Atwal and Robert Woody 505 00:25:13,201 --> 00:25:15,962 loaded Korey Kauffman's body into a truck 506 00:25:16,066 --> 00:25:19,276 and took it to the field next to the Pop-N-Cork 507 00:25:19,379 --> 00:25:20,622 in the middle of Turlock, 508 00:25:20,726 --> 00:25:23,004 where they buried it for a month 509 00:25:23,107 --> 00:25:24,488 and then unburied it 510 00:25:24,592 --> 00:25:27,664 and moved it to up in the mountains. 511 00:25:27,767 --> 00:25:30,839 So that theory that the state presented 512 00:25:30,943 --> 00:25:34,187 is a minefield of forensic evidence. 513 00:25:41,160 --> 00:25:44,715 The state's claim that he was beat and shot, 514 00:25:44,819 --> 00:25:46,061 there would have been blood on Frank's property. 515 00:25:46,165 --> 00:25:48,201 Right, there would have been blood on their property. 516 00:25:48,305 --> 00:25:50,341 There would have been some evidence of Korey's presence. 517 00:25:50,445 --> 00:25:51,895 There was nothing there. 518 00:25:51,998 --> 00:25:54,345 There would have been something at the Pop-N-Cork. 519 00:25:54,449 --> 00:25:56,140 Like, a cadaver dog would have picked up on something. 520 00:25:56,244 --> 00:25:57,728 That a cadaver dog-- and they used dogs. 521 00:25:57,832 --> 00:25:59,247 They brought dogs in everywhere. 522 00:26:04,045 --> 00:26:06,357 They took soil samples. They dug it up. 523 00:26:06,461 --> 00:26:07,945 And, in fact, you could see 524 00:26:08,049 --> 00:26:10,120 where they claim the body was... 525 00:26:10,223 --> 00:26:11,431 - Mm-hmm. - There's a pipe 526 00:26:11,535 --> 00:26:13,641 running through it that's only six inches 527 00:26:13,744 --> 00:26:15,746 below the ground surface, 528 00:26:15,850 --> 00:26:19,578 so there's no way for a body to be in that space. 529 00:26:19,681 --> 00:26:21,545 So is there any forensic evidence 530 00:26:21,649 --> 00:26:23,167 in Frank's backyard? 531 00:26:23,271 --> 00:26:25,998 There's no forensic evidence in Frank's yard. 532 00:26:26,101 --> 00:26:28,932 There's no forensic evidence in the Pop-N-Cork yard. 533 00:26:29,035 --> 00:26:31,348 There was no DNA. There was no ballistics. 534 00:26:31,451 --> 00:26:32,832 There was nothing. 535 00:26:32,936 --> 00:26:36,180 How in the world did this prelim 536 00:26:36,284 --> 00:26:38,527 that did not include any forensic evidence 537 00:26:38,631 --> 00:26:40,978 or physical evidence-- 538 00:26:41,082 --> 00:26:44,568 how was this drawn out over 18 months? 539 00:26:44,672 --> 00:26:47,847 [scoffs] You really had to be there. 540 00:26:47,951 --> 00:26:50,022 Walter Wells faces a murder charge. 541 00:26:50,125 --> 00:26:52,887 Scott MacFarlan and Eduardo Quintanar Jr. 542 00:26:52,990 --> 00:26:56,062 face conspiracy and accessory charges. 543 00:26:56,166 --> 00:26:59,134 I did wonder how they landed on Walter Wells, 544 00:26:59,238 --> 00:27:01,412 out of all the officers that hung out 545 00:27:01,516 --> 00:27:03,207 at the Pop-N-Cork, for murder. 546 00:27:03,311 --> 00:27:06,003 They never connected Walter with Frank in any way, 547 00:27:06,107 --> 00:27:09,593 but Walter Wells was alleged to have had 548 00:27:09,697 --> 00:27:11,250 Korey Kauffman's phone, 549 00:27:11,353 --> 00:27:13,735 and therefore must have had something to do 550 00:27:13,839 --> 00:27:15,288 with burying him. 551 00:27:15,392 --> 00:27:21,053 552 00:27:21,156 --> 00:27:22,675 "Korey Kauffman's cell phone" piece of it 553 00:27:22,779 --> 00:27:24,194 is very confusing. 554 00:27:24,297 --> 00:27:26,437 Can you tell me about this cell-phone expert? 555 00:27:26,541 --> 00:27:27,646 The cell-phone expert-- 556 00:27:27,749 --> 00:27:30,234 he spent hours and hours and hours 557 00:27:30,338 --> 00:27:33,134 going over these phone records of all the defendants... 558 00:27:33,237 --> 00:27:34,687 Okay. 559 00:27:34,791 --> 00:27:37,517 Looking for where everybody's cell phones were 560 00:27:37,621 --> 00:27:39,658 at various times on the timeline. 561 00:27:39,761 --> 00:27:42,626 - Mm-hmm. - So Walter Wells' phone 562 00:27:42,730 --> 00:27:45,146 was pinging off a cell tower 563 00:27:45,249 --> 00:27:48,977 in the same vicinity as Korey Kauffman's phone 564 00:27:49,081 --> 00:27:51,497 in the two weeks after Korey's disappearance 565 00:27:51,600 --> 00:27:54,949 where his phone was still alive. 566 00:27:55,052 --> 00:27:56,778 They relied on cell-phone evidence 567 00:27:56,882 --> 00:27:59,263 to link me to the murder of Korey Kauffman, 568 00:27:59,367 --> 00:28:02,922 but I found out that the cell-phone expert's testimony 569 00:28:03,026 --> 00:28:04,959 was inherently misleading. 570 00:28:05,062 --> 00:28:07,237 They said that he was carrying around 571 00:28:07,340 --> 00:28:09,618 the dead guy's phone in his pocket 572 00:28:09,722 --> 00:28:11,241 to throw the cops off, 573 00:28:11,344 --> 00:28:13,450 and the evidence of that is it pinged 574 00:28:13,553 --> 00:28:14,762 different towers in Turlock. 575 00:28:14,865 --> 00:28:16,902 Well, Turlock is a small town, 576 00:28:17,005 --> 00:28:19,352 and there are not that many cell towers there. 577 00:28:19,456 --> 00:28:22,873 And anybody who lives in Turlock, who moves around, 578 00:28:22,977 --> 00:28:24,841 is going to have their cell phone ping off 579 00:28:24,944 --> 00:28:28,534 the same towers that Wells's phone pinged off. 580 00:28:28,637 --> 00:28:31,951 Walter was also patrolling that area on duty, 581 00:28:32,055 --> 00:28:33,988 so there's no surprise 582 00:28:34,091 --> 00:28:37,198 that Korey's phone was in the same sector 583 00:28:37,301 --> 00:28:38,440 as Walter's phone. 584 00:28:38,544 --> 00:28:40,442 But a big deal was made of this? 585 00:28:40,546 --> 00:28:41,961 Exactly. 586 00:28:42,065 --> 00:28:43,963 If you're really gonna kill this guy, 587 00:28:44,067 --> 00:28:46,241 you're gonna walk around with his phone in your pocket, 588 00:28:46,345 --> 00:28:47,484 you know? 589 00:28:47,587 --> 00:28:48,692 Who does that? 590 00:28:48,796 --> 00:28:50,729 But that was an example 591 00:28:50,832 --> 00:28:53,421 of the depths that the prosecution task force 592 00:28:53,524 --> 00:28:56,113 would go to convict Frank Carson. 593 00:28:58,840 --> 00:29:01,636 The preliminary hearing against Frank Carson 594 00:29:01,740 --> 00:29:03,500 was one for the books. 595 00:29:03,603 --> 00:29:07,504 It was, I think, the longest in the history of California-- 596 00:29:07,607 --> 00:29:09,678 a year and a half or so. 597 00:29:09,782 --> 00:29:13,924 During the prelim, I was just waiting for that smoking gun. 598 00:29:14,028 --> 00:29:16,858 What is it exactly that we did wrong? 599 00:29:16,962 --> 00:29:18,964 And at no time during the whole prelim 600 00:29:19,067 --> 00:29:20,931 did they establish that. 601 00:29:21,035 --> 00:29:23,658 They had, what, 100, 150 witnesses 602 00:29:23,762 --> 00:29:26,454 to develop as much evidence as they could. 603 00:29:26,557 --> 00:29:29,871 Witnesses, jailhouse informants, wiretaps, 604 00:29:29,975 --> 00:29:33,323 and they kept throwing that crap up against the wall 605 00:29:33,426 --> 00:29:34,738 until something sticks. 606 00:29:34,842 --> 00:29:37,396 And that's why the prelim-- it took so long. 607 00:29:37,499 --> 00:29:40,433 Meanwhile, Frank and the other defendants, 608 00:29:40,537 --> 00:29:41,814 they're locked up in jail, 609 00:29:41,918 --> 00:29:44,265 and their lives are falling apart. 610 00:29:44,368 --> 00:29:47,993 It took a toll on Frank, and his health started to suffer. 611 00:29:48,096 --> 00:29:49,960 The way they had him housed in the jail, 612 00:29:50,064 --> 00:29:52,652 they kept it extra cold, and the lights don't go off. 613 00:29:52,756 --> 00:29:54,240 Well, how do you sleep at night 614 00:29:54,344 --> 00:29:56,104 when you're freezing and the lights don't go off 615 00:29:56,208 --> 00:29:57,899 and you're facing the death penalty? 616 00:29:58,003 --> 00:29:59,314 Being in jail was horrible. 617 00:29:59,418 --> 00:30:01,420 It was extremely difficult for me 618 00:30:01,523 --> 00:30:02,973 to get up many days, 619 00:30:03,077 --> 00:30:06,701 just find a willingness to want to push through. 620 00:30:06,805 --> 00:30:08,047 There was a lot of screaming at night. 621 00:30:08,151 --> 00:30:09,980 It was cold. It was damp. 622 00:30:10,084 --> 00:30:12,362 Sewage would leak through there. 623 00:30:23,856 --> 00:30:25,789 The longevity of this trial 624 00:30:25,893 --> 00:30:27,273 feels very much like that saying, 625 00:30:27,377 --> 00:30:28,723 like, "the cruelty is the point." 626 00:30:28,827 --> 00:30:30,173 Exactly. 627 00:30:30,276 --> 00:30:32,002 You know, the longer you can make it last, 628 00:30:32,106 --> 00:30:34,867 the longer Frank is locked up in county jail. 629 00:30:34,971 --> 00:30:37,145 Did it feel that way to you guys? 630 00:30:37,249 --> 00:30:40,010 They weren't in any hurry to finish the preliminary hearing. 631 00:30:40,114 --> 00:30:42,668 They were pushing to get every defendant 632 00:30:42,771 --> 00:30:45,222 to turn on Frank. 633 00:30:45,326 --> 00:30:48,087 They were waiting for us to turn on each other, 634 00:30:48,191 --> 00:30:51,125 that one person was gonna rat the other person out. 635 00:30:51,228 --> 00:30:53,230 They were trying to make my life 636 00:30:53,334 --> 00:30:55,957 as miserable as possible while I was in jail 637 00:30:56,061 --> 00:30:58,028 so that I would come forth with information 638 00:30:58,132 --> 00:31:00,341 about the Atwal brothers and Frank Carson. 639 00:31:15,114 --> 00:31:17,047 Do any of the defendants ever turn on Frank? 640 00:31:17,151 --> 00:31:19,325 No. And, in fact, Frank at one point 641 00:31:19,429 --> 00:31:22,190 said he'd plead guilty to get them off. 642 00:31:22,294 --> 00:31:24,779 There was a moment where Frank Carson 643 00:31:24,883 --> 00:31:26,746 was extremely upset, 644 00:31:26,850 --> 00:31:28,956 and he told us 645 00:31:29,059 --> 00:31:32,338 that he would be willing to just take the blame, 646 00:31:32,442 --> 00:31:35,134 fall on the sword for everyone. 647 00:31:44,592 --> 00:31:48,078 We all agreed--we were not going to allow him 648 00:31:48,182 --> 00:31:50,391 to confess to something that he didn't do. 649 00:31:55,396 --> 00:31:57,570 650 00:31:57,674 --> 00:31:59,572 The preliminary hearing goes and goes and goes, 651 00:31:59,676 --> 00:32:01,747 and we're getting new information all the time. 652 00:32:01,850 --> 00:32:03,093 It's dribbling in. 653 00:32:03,197 --> 00:32:04,853 So we felt the district attorney 654 00:32:04,957 --> 00:32:06,338 was withholding discovery. 655 00:32:06,441 --> 00:32:08,823 At what point is the District Attorney's Office 656 00:32:08,927 --> 00:32:10,031 supposed to turn over 657 00:32:10,135 --> 00:32:12,102 everything they have to you guys? 658 00:32:12,206 --> 00:32:15,692 We should have had all of that the day we started. 659 00:32:15,795 --> 00:32:17,590 We didn't. 660 00:32:17,694 --> 00:32:20,248 About 14 months into it, all of a sudden, 661 00:32:20,352 --> 00:32:22,664 Marlisa Ferreira announced to the court 662 00:32:22,768 --> 00:32:25,874 that there were 164 tapes that we didn't know existed. 663 00:32:25,978 --> 00:32:27,152 Okay. 664 00:32:27,255 --> 00:32:29,223 Marlisa told that judge 665 00:32:29,326 --> 00:32:31,156 the day before that she didn't have anything else. 666 00:32:31,259 --> 00:32:32,364 And then the next day, 667 00:32:32,467 --> 00:32:34,814 she comes in with these big stacks 668 00:32:34,918 --> 00:32:37,369 of all these interviews and stuff. 669 00:32:37,472 --> 00:32:40,061 And the judge looked at her and said, "What's that?" 670 00:32:40,165 --> 00:32:42,270 Ms. Ferreira rolls into court one day, 671 00:32:42,374 --> 00:32:45,135 and she says, "Oh, yeah, I've got 70 disks of evidence 672 00:32:45,239 --> 00:32:47,275 that I just never got around to giving to you." 673 00:32:47,379 --> 00:32:49,898 And that's when the judge said, "No." 674 00:32:50,002 --> 00:32:53,281 And she was angry because this is a violation. 675 00:32:53,385 --> 00:32:56,353 And, finally, this judge decided that the evidence 676 00:32:56,457 --> 00:32:58,493 of the district attorney's malfeasance 677 00:32:58,597 --> 00:33:01,151 was so strong that she had to let Frank 678 00:33:01,255 --> 00:33:03,602 and the other defendants out of custody. 679 00:33:03,705 --> 00:33:06,467 [cheers and applause] 680 00:33:08,745 --> 00:33:10,609 We love you, Frank! 681 00:33:10,712 --> 00:33:12,059 It was wonderful. 682 00:33:12,162 --> 00:33:14,095 It was such a--it was like a Christmas present. 683 00:33:24,726 --> 00:33:26,901 First thing you want to do? First thing you want to do? 684 00:33:27,005 --> 00:33:29,041 - Oh... - Have dinner. 685 00:33:29,145 --> 00:33:31,630 - Have dinner with my wife. - Yeah. 686 00:33:31,733 --> 00:33:34,736 You know, after all the delays in discovery, 687 00:33:34,840 --> 00:33:36,186 after all the fabricated evidence, 688 00:33:36,290 --> 00:33:38,602 even after all that, 689 00:33:38,706 --> 00:33:41,674 the judge found that the case should go forward to trial. 690 00:33:41,778 --> 00:33:43,193 I was shocked. 691 00:33:43,297 --> 00:33:45,023 Something that never should have started, 692 00:33:45,126 --> 00:33:47,439 and we can't seem to get to the end. 693 00:33:49,544 --> 00:33:52,789 Bobby and Dee and Frank are going to trial 694 00:33:52,892 --> 00:33:54,549 on murder charges, 695 00:33:54,653 --> 00:33:57,000 the penalty for conviction of which is life without parole. 696 00:33:57,104 --> 00:33:59,968 [dramatic music] 697 00:34:00,072 --> 00:34:04,973 698 00:34:05,077 --> 00:34:08,184 The state has all of this weird circumstantial stuff, 699 00:34:08,287 --> 00:34:10,910 but they have a witness... - Right. 700 00:34:11,014 --> 00:34:12,395 That they're excited to present. 701 00:34:12,498 --> 00:34:14,155 - Right. - Tell me about that. 702 00:34:14,259 --> 00:34:16,088 Robert Woody is the star witness, 703 00:34:16,192 --> 00:34:20,506 because he is claiming that he was with the Atwals 704 00:34:20,610 --> 00:34:23,475 when they had the confrontation with Korey Kauffman. 705 00:34:23,578 --> 00:34:26,202 But there's a problem with Robert Woody as a witness. 706 00:34:29,481 --> 00:34:30,999 The first time that he was interrogated, 707 00:34:31,103 --> 00:34:32,829 he denied any involvement. 708 00:34:40,388 --> 00:34:41,769 They intimidated him. 709 00:34:41,872 --> 00:34:44,703 They subjected him to a really long interview. 710 00:34:49,604 --> 00:34:51,537 Then there's a 20-minute bathroom break, 711 00:34:51,641 --> 00:34:55,093 and he comes back, and he changes his story. 712 00:35:13,559 --> 00:35:16,148 They told Woody that, "You have two choices. 713 00:35:16,252 --> 00:35:17,770 "You can be facing the death penalty, 714 00:35:17,874 --> 00:35:19,634 "or you can be a witness 715 00:35:19,738 --> 00:35:21,947 and get out from under all of this." 716 00:35:22,050 --> 00:35:23,914 We're here for you, seriously. 717 00:35:24,018 --> 00:35:26,158 I'm not gonna let you down. 718 00:35:26,262 --> 00:35:27,849 Robert, I'm not going to let you down. 719 00:35:27,953 --> 00:35:31,508 Woody knew that the more information he gave on Carson, 720 00:35:31,612 --> 00:35:33,752 the better the deal he would get. 721 00:35:33,855 --> 00:35:34,960 He was arrested. 722 00:35:35,063 --> 00:35:37,031 And for the next year-plus, 723 00:35:37,135 --> 00:35:39,792 there are various other interviews 724 00:35:39,896 --> 00:35:42,554 where Robert's trying to figure out what he's supposed to say. 725 00:35:51,597 --> 00:35:54,221 The only problem is, Woody didn't know what to say. 726 00:35:54,324 --> 00:35:55,774 And they fed him information 727 00:35:55,877 --> 00:35:59,226 by giving him suggestive or leading questions. 728 00:36:06,888 --> 00:36:09,201 They say, "What happened to the body?" 729 00:36:09,305 --> 00:36:11,376 And, "Didn't you bury the body at the Pop-N-Cork?" 730 00:36:11,479 --> 00:36:14,310 I mean, Tommy just suggests a whole--everything. 731 00:36:24,492 --> 00:36:26,874 Anybody driving up to the mountains that night. 732 00:36:31,154 --> 00:36:33,984 Robert's trying to figure out what he's supposed to say, 733 00:36:34,088 --> 00:36:36,055 and it is very clear. 734 00:36:36,159 --> 00:36:37,367 - Right. - In fact, the whole-- 735 00:36:37,471 --> 00:36:38,955 - "You walked up the hill." - Right. 736 00:36:39,058 --> 00:36:40,957 - "I walked up the hill." - The whole scenario... 737 00:36:41,060 --> 00:36:43,408 Then comes the worst part. 738 00:36:43,511 --> 00:36:46,238 He has another interview on November 26th. 739 00:36:46,342 --> 00:36:49,828 What happened when Carson came up? 740 00:36:51,657 --> 00:36:54,557 Dee handed who? - Carson. 741 00:36:54,660 --> 00:36:56,421 - Carson the gun? - Yeah. 742 00:36:56,524 --> 00:36:59,665 He says that Frank was present with a gun. 743 00:36:59,769 --> 00:37:02,358 Then Walter Wells pulled up in a police car, 744 00:37:02,461 --> 00:37:04,256 all of which not only is not true, 745 00:37:04,360 --> 00:37:05,844 but it can't be true 746 00:37:05,947 --> 00:37:07,639 because everybody knows where Walter Wells was. 747 00:37:07,742 --> 00:37:09,365 He was at his father's funeral. 748 00:37:09,468 --> 00:37:10,987 Even his attorney-- they pulled it back. 749 00:37:11,090 --> 00:37:12,264 They said, "Well, Woody was telling the truth 750 00:37:12,368 --> 00:37:13,886 "about these things, 751 00:37:13,990 --> 00:37:15,888 "but when he said that Carson had a gun in his hand, 752 00:37:15,992 --> 00:37:18,097 yeah, okay, he made that up." 753 00:37:18,201 --> 00:37:20,548 And the DA still stuck with him. 754 00:37:20,652 --> 00:37:23,102 Woody tells a lot of differing stories 755 00:37:23,206 --> 00:37:24,690 about what happened with the case, 756 00:37:24,794 --> 00:37:26,002 what happened with Korey Kauffman's body. 757 00:37:26,105 --> 00:37:27,831 Right. 758 00:37:27,935 --> 00:37:30,213 Can a judge step in and be like, "This is ridiculous"? 759 00:37:30,317 --> 00:37:32,767 Yes, but she didn't. 760 00:37:32,871 --> 00:37:34,804 The DA went with Robert Woody, 761 00:37:34,907 --> 00:37:37,393 with a parade of jailhouse informants 762 00:37:37,496 --> 00:37:39,257 that they dangled deals in front of. 763 00:37:39,360 --> 00:37:41,880 They had, what, 100, 150 witnesses. 764 00:37:41,983 --> 00:37:45,159 None of them had Frank say the magic words-- 765 00:37:45,263 --> 00:37:46,609 "Go kill him for me." 766 00:37:46,712 --> 00:37:49,025 None of them had Frank with a gun in his hand. 767 00:37:49,128 --> 00:37:52,580 None of them had Frank cutting the body up or destroying it. 768 00:37:52,684 --> 00:37:56,274 None of them had Frank doing anything except being Frank. 769 00:37:58,103 --> 00:38:00,450 We were sitting there, and the jury came in. 770 00:38:00,554 --> 00:38:03,350 They handed their decision to the judge, 771 00:38:03,453 --> 00:38:05,455 and she looked at it. 772 00:38:05,559 --> 00:38:07,492 And it was Frank Carson was not guilty. 773 00:38:07,595 --> 00:38:09,045 Bobby was not guilty. 774 00:38:09,148 --> 00:38:10,460 Dee was not guilty. 775 00:38:10,564 --> 00:38:12,186 It was wonderful. 776 00:38:12,290 --> 00:38:14,913 Champagne and a taste of vindication 777 00:38:15,016 --> 00:38:16,155 for this Modesto attorney. 778 00:38:16,259 --> 00:38:17,536 Congratulations. 779 00:38:17,640 --> 00:38:19,711 The congratulations for Frank Carson 780 00:38:19,814 --> 00:38:22,472 in the form of one hug after another. 781 00:38:22,576 --> 00:38:24,992 What are the emotions that you're feeling right now? 782 00:38:25,095 --> 00:38:27,822 Relief and happy. 783 00:38:27,926 --> 00:38:31,101 784 00:38:31,205 --> 00:38:33,069 Here it is. 785 00:38:33,172 --> 00:38:36,210 I haven't been in here since we were arrested. 786 00:38:36,314 --> 00:38:37,487 It's been seven years. 787 00:38:37,591 --> 00:38:40,318 I'm sure while you were living here, 788 00:38:40,421 --> 00:38:42,975 this was kind of a grown-up playland. 789 00:38:43,079 --> 00:38:44,356 It was fun. 790 00:38:44,460 --> 00:38:46,151 It's like an American picker's dream. 791 00:38:46,254 --> 00:38:48,256 Mm-hmm. We had lost so much. 792 00:38:48,360 --> 00:38:50,604 It's just sad. 793 00:38:50,707 --> 00:38:53,572 I do believe in the justice system still, 794 00:38:53,676 --> 00:38:55,402 and the jury did the right thing, 795 00:38:55,505 --> 00:38:57,300 and they listened to us. 796 00:38:57,404 --> 00:38:59,302 But we shouldn't have been in that position 797 00:38:59,406 --> 00:39:00,821 in the first place. 798 00:39:00,924 --> 00:39:02,478 Carson says prosecutors need to search 799 00:39:02,581 --> 00:39:05,446 for Kauffman's true killers for justice to prevail. 800 00:39:05,550 --> 00:39:07,759 The sooner that they replace 801 00:39:07,862 --> 00:39:10,451 the investigators in this case, 802 00:39:10,555 --> 00:39:12,695 the sooner they're gonna find, 803 00:39:12,798 --> 00:39:16,146 hopefully, who perpetrated it. 804 00:39:16,250 --> 00:39:19,909 Tell me who's responsible for my son's murder. 805 00:39:20,012 --> 00:39:21,220 If it's not these people-- 806 00:39:21,324 --> 00:39:24,327 and you all said, dead sure, they were-- 807 00:39:24,431 --> 00:39:26,191 tell me who is, 808 00:39:26,294 --> 00:39:28,883 'cause one day I will find out. 809 00:39:28,987 --> 00:39:32,439 This case was not about justice for Korey Kauffman. 810 00:39:32,542 --> 00:39:34,510 It was to get Frank Carson. 811 00:39:34,613 --> 00:39:37,927 And in the process, I was just collateral damage. 812 00:39:38,030 --> 00:39:41,413 I lost so much time away from my daughter and my family. 813 00:39:41,517 --> 00:39:43,450 I lost my career. 814 00:39:43,553 --> 00:39:45,486 I lost my retirement. 815 00:39:45,590 --> 00:39:47,005 I lost my home. 816 00:39:47,108 --> 00:39:48,800 [exhales sharply] 817 00:39:58,741 --> 00:40:00,743 We felt like we were the victims 818 00:40:00,846 --> 00:40:03,228 of a vindictive prosecution 819 00:40:03,331 --> 00:40:07,094 by a district attorney's office that didn't want to deal 820 00:40:07,197 --> 00:40:10,235 with a defense attorney who was a fighter for justice. 821 00:40:10,338 --> 00:40:12,651 Frank, financially, was gutted. 822 00:40:12,755 --> 00:40:15,033 His law practice is in shambles, 823 00:40:15,136 --> 00:40:16,448 and his body suffered. 824 00:40:16,552 --> 00:40:19,520 He was injured from being in the jail for so long. 825 00:40:19,624 --> 00:40:22,420 After a while, his kidneys started to fail. 826 00:40:22,523 --> 00:40:24,905 Yeah, you can say, "Well, he was acquitted, and he walked." 827 00:40:25,008 --> 00:40:27,873 Yeah, bull. He lost. 828 00:40:27,977 --> 00:40:30,013 Frank was really never the same. 829 00:40:30,117 --> 00:40:31,808 His health continued to decline, 830 00:40:31,912 --> 00:40:34,432 and he died in August of 2020. 831 00:40:34,535 --> 00:40:37,504 [sighs] I'm so sorry. 832 00:40:37,607 --> 00:40:40,886 What do you want people to know about this case? 833 00:40:40,990 --> 00:40:45,443 What I really want is for this to never happen again. 834 00:40:45,546 --> 00:40:47,306 One person like Birgit Fladager 835 00:40:47,410 --> 00:40:50,206 has all the power to take your life away 836 00:40:50,309 --> 00:40:52,588 with no evidence to do so. 837 00:40:54,141 --> 00:40:57,765 In a small town like this, the power 838 00:40:57,869 --> 00:40:59,802 of the District Attorney's Office 839 00:40:59,905 --> 00:41:02,425 to upend lives is frightening. 840 00:41:02,529 --> 00:41:05,221 Frank Carson spent his career 841 00:41:05,324 --> 00:41:07,603 calling out abuse of power 842 00:41:07,706 --> 00:41:09,639 from the District Attorney's Office. 843 00:41:09,743 --> 00:41:12,849 And in the end, they proved him right. 844 00:41:12,953 --> 00:41:19,891 62687

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