Modesto, Calif. – Stanislaus County has resolved a protracted legal battle involving the wrongful arrest and prosecution of a noteworthy defense attorney and several others linked to the 2012 death of a Turlock man, settling the lawsuit for $22.5 million. This decision came after a tumultuous series of events that raised questions about judicial integrity and prosecutorial overreach.
The settlement, agreed upon by the Board of Supervisors on Tuesday, concludes a malicious prosecution lawsuit filed by the estate of Frank Carson, along with his wife Georgia DeFilippo, his stepdaughter Christina, three California Highway Patrol officers, and two brothers from Turlock. These parties were either acquitted or had charges against them dismissed, following their initial implication in the case.
At the heart of the case was the demise of Korey Kauffman, whose remains were discovered in the Stanislaus National Forest over a year after he was reported missing. It was alleged that Carson, a veteran defense lawyer who had once run for District Attorney, orchestrated a scheme to eliminate Kauffman, accusing him of repeated thefts from Carson’s property.
The defendants in the lawsuit encompassed Stanislaus County, the City of Modesto, former District Attorney Birgit Fladager, prosecutors Marlisa Ferriera and David Harris, and other investigators. The plaintiffs contended that the investigative task force overlooked potential suspects in their eagerness to connect Carson to Kauffman’s disappearance.
The legal proceedings included an 18-month preliminary hearing followed by a 17-month trial which saw significant developments, including the release of Carson and the Turlock brothers, Baljit Athwal and Daljit Atwal (who use different spellings for their last names), from jail in 2016. This release occurred after it came to light that prosecutors had withheld crucial evidence from the defense.
Carson continued practicing law up until his death in 2020, which his attorneys attribute largely to health issues stemming from his time in confinement. The wrongful prosecution not only stained reputations but also prompted broader conversations about abuses of power within the legal system.
Oakland-based attorney J. Gary Gwilliam, representing four plaintiffs, described the case as a significant warning against the misuse of governmental authority. He highlighted the settlement as a crucial achievement in ensuring justice for those wrongfully accused.
The sole conviction in Kauffman’s murder fell on Robert Lee Woody, who later recanted his testimony against the other defendants, claiming his account was fabricated to receive a lighter sentence.
Jayme L. Walker, another lead counsel for the plaintiffs, criticized the Stanislaus County DA’s office for misusing their power to target Carson and his family in a retaliatory act that flew in the face of ethical prosecution standards. She lauded Carson and the co-defendants for their resilience in upholding fundamental legal rights under duress.
In response, Stanislaus County stated the settlement was a move to avoid further lengthy legal disputes, and current District Attorney Jeff Laugero remarked that the settlement would help turn focus back to current public safety challenges while ensuring justice practices remain principled and transparent.
The breakdown of the settlement saw Carson’s estate and Georgia DeFilippo each receiving $4 million, Christina DeFilippo was awarded $2.5 million, and varying amounts were allocated to the other individuals involved, based on their experiences and legal entanglements stemming from the case.
This settlement, among the largest for a civil rights case in California, underscores the potential consequences of judicial missteps and the enduring importance of maintaining ethical standards within prosecutorial practices.
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