83, 759 P.2d 1260.) This requirement is satisfied in the present case. They were also concerned he was a copy cat of Charles Manson. There is no requirement that all jurors unanimously agree on any matter offered in mitigation. This presumption arises, however, only if the defendant demonstrates that counsel actively represented conflicting interests and that an actual conflict of interest adversely affected his lawyer's performance. [Citation.] Atty., Los Angeles, Cal., argued, for plaintiff-appellee. 1692, 100 L.Ed.2d 140 and People v. Ortiz (1990) 51 Cal.3d 975, 275 Cal.Rptr. 1. We missed him, detective Gil Carrillo said. [] I am concerned with the fact that he has surely missed a great percentage of the testimony throughout this trial. We have repeatedly stressed that a defense counsel's failure to present mitigating evidence at the penalty phase does not make the proceeding unreliable in constitutional terms so long as (1) the prosecution has discharged its burden of proof at both phases of trial consistently with the rules of evidence and a constitutionally sound death penalty scheme; (2) the death verdict was rendered in accordance with proper instructions and procedures; and (3) the penalty jury considered the relevant mitigating evidence, if any, that the defendant has chosen to introduce. You are not allowed to take account of any other facts or circumstances as the basis for deciding that the death penalty would be appropriate punishment in this case. The court refused the instruction, stating it saw no reason to give it. Before MARKEY* , Chief Judge, and WALLACE and HUG, Circuit Judges. It wasnt until Ramirez left a pentagram, written with lipstick on the wall and on the leg of a victim, that investigators drew the connection to Satanic worship. [Citation.] (SPOILER ALERT: Do not read on if you dont want to know what happens in Night Stalker: Searching for a Serial Killer.). Defendant also requested two special instructions regarding mitigating factors. On January 30, 1989, the court again asked defendant whether he preferred wearing a leg brace that would not be visible to the jury, rather than leg chains. At trial, defendant objected to three photographs of murder victim Jennie Vincow lying on her bed as very inflammatory and gruesome. When the door to the condominium closed behind defendant, Hernandez opened the garage door and fled. ] (People v. Ewoldt, supra, 7 Cal.4th 380, 402, 27 Cal.Rptr.2d 646, 867 P.2d 757.). To preserve a claim of trial court error in failing to remove a juror for bias in favor of the death penalty, a defendant must either exhaust all peremptory challenges and express dissatisfaction with the jury ultimately selected or justify the failure to do so. (2)), three counts of forcible oral copulation (288a, former subd. I, 16.) Her husband, Christopher Petersen awoke and sat up and defendant shot him in the head, but he did not lose consciousness. Deputy Public Defender Allen Adashek, who was appointed to represent defendant soon after his arrest, testified regarding the circumstances of the lineup in which defendant was identified by several of the victims. 503, 781 P.2d 537, fn. 3, 138 Cal.Rptr. Defendant made Carol K. and her son lie on the floor and covered them with a sheet. Defendant got out of his car and pulled Yu out of her car as she fought. At the time, former Code of Civil Procedure section 203 stated that in the County of Los Angeles no juror shall be required to serve at a distance greater than 20 miles from his or her residence. Consequently, the jurors were summoned from the area within a 20-mile radius of the courthouse. The court granted defendant a one-week continuance to present his case. And also I believe Wednesday after lunch, you know, we returned from lunch, we were sitting there right around maybe little bit about two o'clock, you know, I made a mental note of it, and he was sitting there. In some cases, he would sexually assault a kid he came across in the house during a burglary. Heinrichs Development 702 N High Point Rd Ste 200 Madison, WI 53717 info@kettlecreekverona.com. He died on 27 March 1985 in Whittier, Deputy Public Defender Hall stated that the psychiatrist had met with defendant for approximately 10 or 15 minutes, at which point Mr. Ramirez refused to speak with him anymore. Based upon this short interview, and his observations of defendant before and after the interview, the psychiatrist concluded, according to Hall, that defendant was borderline in terms of his competence, but he couldn't say for sure. Hall added that the psychiatrist stated that, if forced to reach a conclusion, he would have to say [defendant] was competent but borderline so., Following a recess, the in camera hearing resumed, as noted above, with the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez present. Defendant did ask the court to instruct the jury that the list of aggravating factors is exclusive, but, as discussed above, the court properly refused to so instruct the jury. omitted.). Whether a further inquiry was appropriate is a matter within the sound discretion of the trial court, which was in the best position to observe the jury. Defendant also contends the trial court erred in denying his motion for mistrial. Photographs were taken of the location near the Doi residence where Launie Dempster, the newspaper deliverer, had seen defendant in a parked car shortly before the murder. U. S. The jury found true allegations of multiple-murder, burglary, rape, forcible sodomy, and, forcible-oral-copulation special circumstances. One time, he attempted a kidnapping but it failed, and while he was driving away he committed a traffic violation and a cop saw it happen. Photographs later taken of the crime scene showed poor lighting conditions that would make an identification of the assailant difficult. Defendant took Carol K. to her bedroom, put the gun to her head and threatened to kill her, then tied her hands behind her with a pair of pantyhose. WebThey have also lived in Kensington, MD and College Park, MD. She said, please don't shoot me again and he lowered the gun and ran away. [] Refusal to sever may be an abuse of discretion where: (1) evidence on the crimes to be jointly tried would not be cross-admissible in separate trials; (2) certain of the charges are unusually likely to inflame the jury against the defendant; (3) a weak case has been joined with a strong case, or with another weak case, so that the spillover effect of aggregate evidence on several charges might well alter the outcome of some or all of the charges; and (4) any one of the charges carries the death penalty or joinder of them turns the matter into a capital case. Maxine L. Zazzara, Downey, Cal., argued, for defendant-appellant. ] (Ibid.) These provisions have been interpreted to entitle a criminal defendant to a jury selected from a fair-cross-section of the community. (Duren v. Missouri (1979) 439 U.S. 357, 359, 99 S.Ct. [E]very brief should contain a legal argument with citation of authorities on the points made. The defendant in Mickens claimed he had been denied effective assistance of counsel because his appointed attorney earlier had represented the murder victim on a juvenile matter. He argues that these strong counts should not have been joined with the weak counts involving Bell, Florence L., Cannon, and Nelson in which there was either no identification evidence or at best weak physical evidence that only tenuously linked appellant to the crimes. These charges can hardly be described as weak. 735-736, 139 P.3d at pp. He said, all the killings are going to be blamed on me.. 8.85 that the jury should consider in determining the penalty, the court instructed the jury that [a]n aggravating factor is any fact, condition or event attending the commission of a crime which increases its guilt or enormity, or adds to its injurious consequences which is above and beyond the elements of the crime itself., We previously have rejected the argument that the court must instruct the jury that it cannot consider nonstatutory aggravating evidence. Murder that is committed with malice but is not premeditated is of the second degree. Calif.Only that it has something to do with the Night Stalker and that was revealed in the courtroom by the judge.He's accused of a feloney [sic]., 6. 2531, 159 L.Ed.2d 403, alter this conclusion (People v. Cornwell (2005) 37 Cal.4th 50, 103, 104, 33 Cal.Rptr.3d 1, 117 P.3d 622.). And these cassettes that we have seen have refreshed my memory Your point, in other words, is made regarding the extent of media coverage that has been afforded this case., Following several days of oral testimony presented by defendant in support of his motion for change of venue, the court permitted defendant time to file a statement regarding matters you wish to have judicial notice or acknowledgment of the existence of. The People objected to much of the material submitted by defendant, and the court ruled: Now I have read that carefully, I have read all of the matters that are attached thereto, and I am at this time willing to accept and acknowledge that everything set forth in that document is true, the factual matters set forth therein are true, that this publicity was disseminated to the public throughout the Southern California area about the time indicated. (Italics added. He found his mother, Jennie Vincow, dead in her bedroom. (People v. Turner [(2004)] 34 Cal.4th [406] at pp. Salerno as a sign of respect, but he also looked up to The Hillside Strangler a serial killer Salerno had previously apprehended. Const., art. She had multiple skull fractures, which could have been caused by a tire iron that had been left by her bed. 885, 564 P.2d 1203, defendant argues that the trial court erred in failing to determine that the inference of consciousness of guilt was supported by sufficient evidence. Defendant objected to, and moved to quash, the master list of jurors drawn for use in the 1987-1988 fiscal year. Defendant was arrested on August 31, 1985, and the felony complaint against him was filed on September 3, 1985. On October 9, 1985, Municipal Court Judge Elva Soper removed the public defender as counsel subject to defendant providing a written agreement retaining attorney Joseph Gallegos. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. 8.85, the prosecutor told the jury: You may consider those crimes [of which defendant was convicted] in aggravation in determining penalty in this case only once; you can't consider them in section a and section b. ), 13. Launie Dempster, who delivers newspapers, testified that she had seen defendant in a car parked near the Dois' home an hour and a half before the attack. The trial court did not err in failing to admit all of the evidence submitted by defendant in support of his motion for change of venue.
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