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County to pay $22.5M in malicious prosecution lawsuit in Frank Carson case
frank carson settlement
The malicious prosecution lawsuit was over the arrest of then-defense attorney Frank Carson (pictured here during the 17-month trial) and seven other people in the death of Korey Kauffman, who went missing in 2012. - photo by 209 file photo

Stanislaus County has settled a lengthy lawsuit over the arrest and prosecution of a prominent defense attorney and seven other people in the 2012 death of a Turlock man.

The Board of Supervisors on Tuesday approved a $22.5 million settlement in the malicious prosecution lawsuit, brought by the estate of Frank Carson, his wife, Georgia DeFilippo, his stepdaughter Christina DeFilippo, three California Highway Patrol officers and two Turlock brothers, all of whom had been criminally charged in the case but were acquitted or had their charges dropped.

The case centered on the death of Korey Kauffman, who went missing in 2012. His remains were found in the Stanislaus National Forest more than a year later. Prosecutors alleged that Carson, a longtime defense attorney who at one time ran for District Attorney, masterminded a plot to kill Kauffman for repeatedly stealing from Carson’s Turlock property.

Named as defendants in the lawsuit were Stanislaus County, the city of Modesto, then-District Attorney Birgit Fladager, then-prosecutors Marlisa Ferriera and David Harris, and district attorney and sheriff’s investigators who formed a task force that led the criminal investigation. The plaintiffs claimed the task force ignored other suspects in its “zeal to tie Mr. Carson to the disappearance of Korey Kauffman.”

Attempts to reach Fladager were unsuccessful.

What followed was an 18-month preliminary hearing and a 17-month trial. A judge ordered the release of Carson and Turlock brothers Baljit Athwal and Daljit Atwal (they spell their last names differently) from jail in 2016 after learning prosecutors had additional evidence they hadn’t turned over to the defense. Carson went on to continue to practice law during his trial. He died in 2020, largely due to health problems developed during his confinement, his attorneys said.

This case is a cautionary tale for what happens when government, and especially law enforcement, exercises their unfettered power to accuse and prosecute innocent people for revenge, retaliation, and retribution.
J. Gary Gwilliam

“This case is a cautionary tale for what happens when government, and especially law enforcement, exercises their unfettered power to accuse and prosecute innocent people for revenge, retaliation, and retribution,” said Oakland-based J. Gary Gwilliam, co-lead counsel for four of the plaintiffs. “Fortunately, through the immense efforts of very capable lawyers, the victims of these wrongful arrests and prosecutions have obtained some measure of justice by means of these very large settlements.”

The only person convicted in Kauffman’s murder was Robert Lee Woody, who made a plea deal to testify against the other defendants, only to later claim that he made up the story he told to prosecutors in order to avoid a lengthier prison sentence.

“The Stanislaus County DA’s office tried to rid itself of a successful adversary by prosecuting Frank Carson and his family for a crime they did not commit,” said Jayme L. Walker, co-lead counsel for four of the plaintiffs. “The retaliatory prosecution violated ethical standards for prosecutors and threatened the very tenets of our system of justice. Frank Carson fought the system as a criminal defense attorney, but at the same time, he represented its most basic and fundamental rights – that we are innocent until proven guilty and entitled to unbiased due process.  He and seven other innocent people paid dearly to protect these rights. Their fortitude in seeing this case through, and for standing up against all odds, is an inspiration and it was an honor to fight alongside them.”

Stanislaus County and the district attorney’s office both issued statements about the settlement.

“The county agreed to settle these several related cases to avoid further protracted litigation and to eliminate the risk associated with a trial,” Stanislaus County said according to KCRA.

District Attorney Jeff Laugero, who replaced Fladager after her retirement, said in a statement: “As District Attorney, I view the settlement from this 2015 case as a necessary step to close a difficult chapter and maintain our focus on current public safety priorities. Since taking office in 2023, my commitment has been, and continues to be, to pursue justice with integrity, fairness, transparency, and accountability based solely on evidence and the law, while building public trust by ensuring our criminal justice system works equitably for all. I and the members of your District Attorney's office remain dedicated to public safety and our mission to serve Stanislaus County through ethical, effective prosecution.”

Carson’s estate and Georgia DeFilippo received $4 million each, while Christina DeFilippo received $2.5 million, and Eduardo Quintanar Jr., one of the three CHP officers involved in the case, was awarded $1.5 million. Walter Wells and Scott McFarlane, the other two CHP officers involved in the case, received $3.5 million and $1.85 million, respectively. Athwal and Atwal also got $1.85 million apiece. Wells, McFarlane, and the brothers were represented by San Francisco law firm Morrison & Foerster.

The settlement is believed to be one of the largest civil rights cases ever resolved in the state.