Under the circumstances of the present case, the trial court did not abuse its discretion in ordering defendant to be physically restrained during trial. The court carefully reviewed each photograph and, on one occasion, prevailed upon the prosecutor to withdraw a photograph that was particularly graphic and, on another occasion, to withdraw a photograph that was cumulative. ), The burden is on the party seeking severance to clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried. [Citation.] [Citations. at p. 162, 108 S.Ct. Daniel Hernandez: Yes. ), In Wheat v. United States, supra, 486 U.S. 153, 157, 108 S.Ct. We described the right of a criminal defendant to counsel and to present a defense as among the most sacred and sensitive of our constitutional rights and cautioned that the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best. (Id. We recognized in Champion that it is possible the jury might improperly consider at the penalty phase evidence introduced at the guilt phase to show bad character. [Citation.] Sickeningly, it was then that Ramirez began to establish his signature attack style: shoot and kill the husband, then assault and stab the wife. Police showed Sophie D. the same photographic lineup not including defendant's photograph that had been shown to Maria Hernandez, and Sophie D. picked out the same person who, as noted above, was apprehended, questioned and released. The Court: Have you disclosed to Mr. Ramirez any facts, both negative and positive, which would bear not only on your ability to represent him but on any publicity that might come from your representation? But as time went on without a sign of Ramirez, the dentists office suggested installing an alarm that employees could press when Ramirez came back, directly alerting the cops, which they did. Born May 15, 1940 Died March 29, 1985 (44) Add to list Credits IMDbPro Archive Footage Previous 7 First Blood Self - Murder Victim (archive footage) TV Series 2022 1 episode ] (People v. Williams (1997) 16 Cal.4th 635, 667, 66 Cal.Rptr.2d 573, 941 P.2d 752.) [Citation. Heading straight to the manufacturer, they looked through spreadsheets where the shoes were distributed in the United States, and only size 11.5 black shoes (the ones he was wearing) were manufactured. That determination must be based solely upon the evidence presented to you., Although we could construe as an objection to the use of physical restraints defense counsel's passing comment that I think my client's position is that he should have neither a leg brace or leg chains, defendant failed to preserve this issue for review because, despite the court's invitation to resolve the issue at a later hearing, he did not request such a hearing or otherwise press for a ruling on the necessity for physical restraints. Somehow, reporters heard about the shoe print lead and threatened to print it. I don't believe in the hypocritical moralistic dogma of this so-called society and need not look beyond this room to see all the liars, the haters, the killers, the crooks, the paranoid cowards, truly the trematodes[12 ] of the earth, each one in his own legal profession. I understand. It simply isn't proving anything. The point is that what you are presenting is cumulative and repetitive and it isn't proving anything. Challenge for Cause to Juror Robert D. The prospective jurors were sequestered and individually questioned concerning their views on the death penalty as then required by our decision in Hovey v. Superior Court (1980) 28 Cal.3d 1, 80, 168 Cal.Rptr. The court noted that the brace was less obtrusive than leg chains and thus to defendant's advantage. In the present case, defendant did not request such a limiting instruction. On August 21, 1989, defendant filed a motion to voir dire the jurors regarding their reactions to the death of Juror Singletary. (2d ed.1989) p. WebVincent and Maxine Zazzara Richard invaded the Zazzara home. Defendant left and they called the police. Section 954 imposes no sua sponte duty of severance on trial courts. The court refused to give this instruction because it is argumentative. 1, 778 P.2d 129.) 113-114.) 503, 781 P.2d 537): Inasmuch as the basis for the decision of the Court of Appeal has been eliminated, no purpose is served by an extended discussion of the propriety of using the 20-mile-radius community in determining the population for cross-section analysis. (Id. As noted above (ante, 46 Cal.Rptr.3d at pp. He was provided and he did visit me yesterday, but I refused to see him., The court further questioned defendant regarding the possibility of a conflict between him and his counsel, and defendant stated he understood but felt there would be no conflict. 19, 106 Cal.Rptr.2d 575, 22 P.3d 347. Defendant's father, Julian Tapia, testified that defendant was with him in El Paso, Texas, from May 22 or 23, 1985, until May 31, 1985, which included the period during which Mabel Bell was attacked, her sister, Florence L., was murdered and Carol K. was attacked. He took jewelry, money, and a videocassette recorder and left. ] (People v. Bradford, supra, 15 Cal.4th 1229, 1315, 65 Cal.Rptr.2d 145, 939 P.2d 259. He said, all the killings are going to be blamed on me.. Holding a news conference, she held up a police sketch of the killer, and also went on to describe the evidence from all the cases throughout the state crucial information that hadnt been made public. Defendant contends the trial court erred in failing to conduct an inquiry into the jury's exposure to news coverage of Juror Singletary's death. Defendant did not raise this ground in the trial court and, thus, has forfeited this claim. He knocked on the door, but received no response, so he retrieved an extra key Cannon had given him. The court then had the following exchange with defendant: The Court: Mr. Ramirez, could you tell me: how many years of school have you had? With respect to that, there is no evidence upon which I might conclude so far that the defendant is in any way unable to understand and participate in the proceedings., Ten months later, on February 26, 1987, just prior to the weekend recess during a hearing on pretrial motions, the superior court judge sought time estimates from counsel regarding proceedings the following week and asked defense counsel: Are there any motions that you are considering as to other aspects of this case that should be filed or you are considering filing? About 3:30 a.m. that same morning, July 7, 1985, Sophie D. awoke in her home in Monterey Park before dawn when the bedroom light went on. An ambulance arrived and took him to the hospital where he was pronounced dead. Using the area within a 20-mile radius of the courthouse as the relevant community, the trial court ruled that the absolute disparity of 3.5 percent, which translated to a relative disparity of 20 percent, was not constitutionally significant. At a subsequent autopsy, a .22-caliber bullet was retrieved from Okazaki's skull. Browse our public records directory to see Peter Zazzara's contact info, age, cell phone number, email address, social media profiles . ), As noted above, In reviewing a challenge to the sufficiency of the evidence , we review the entire record in the light most favorable to the judgment to determine whether it discloses substantial evidence-that is, evidence that is reasonable, credible, and of solid value-from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. (People v. Cole, supra, 33 Cal.4th 1158, 1212, 17 Cal.Rptr.3d 532, 95 P.3d 811.) lihtc compliance checklist. Earlier on in his killing spree, there were a series of young children being taken from their beds, assaulted, and then abandoned. Defendant said, I don't know why I'm letting you live I've killed people before. He threatened to have a friend come back and kill her if she went to the police. A woman parking her car in her apartment house's garage was shot, but not killed. For this reason, one mitigating factor can sometimes outweigh a number of aggravating factors in a particular case. (People v. Saunders (1993) 5 Cal.4th 580, 590, fn. Defendant subsequently exercised a peremptory challenge to excuse Prospective Juror Robert D. and eventually exhausted his peremptory challenges to the alternate jurors. ), Defendant did not request an instruction admonishing the jury not to double-count the special circumstances, and we repeatedly have held that the trial court has no duty to so instruct the jury sua sponte. And both of these groups of charges were linked to the Sophie D. and Carol K. charges-which defendant asserted in the trial court should be tried separately-because defendant sold to Felipe Solano property stolen during crimes included in each of these groups. A police officer soon arrived and found Yu breathing but unconscious. 203.) (People v. Braxton (2004) 34 Cal.4th 798, 813, 22 Cal.Rptr.3d 46, 101 P.3d 994; see also People v. Anderson (2001) 25 Cal.4th 543, 599, fn. Another victim, Florence Nettie Lang, 81, was beaten to death with a hammer. [Citations. The trial court did not err and was not required to review the terms and conditions of the retainer agreement. Defendant argues there was an improper spillover effect during the guilt phase because of the joinder of weak and strong counts and that this effect continued during the penalty phase. The new list was already being used to send out juror questionnaires and jurors from the new list would begin appearing in court in mid-July. Section 654 does not, therefore, preclude imposition of both the determinate sentences and the death sentences. 11. We agree. 7. She had committed numerous burglaries with defendant and had seen him sell jewelry to Felipe Solano. He died on 27 March 1985 in Whittier, Defendant left the car and ran down the street. I also have seen him not quite as attentive as a result of his dozing off. Police found on the ground outside the garage a blue baseball-type cap bearing the name of the rock group AC/DC. Florence L. was taken to a hospital, where an examination revealed evidence that she had been sexually assaulted. Sufficiency of Evidence of Second Degree Murder of Yu. Relying upon our decision in Williams v. Superior Court (1989) 49 Cal.3d 736, 263 Cal.Rptr. Also Read: 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez. He further contends that these instructions and argument rendered the penalty determination unreliable, in violation of the Eighth and Fourteenth Amendments to the federal Constitution. In a footnote to the reply brief, defendant states he inadvertently omitted these two bases for challenging the jury venire in his opening brief, adding without supporting argument or citation of authority that [t]hese grounds are also asserted as improper bases for underrepresentation and exclusion of potential jurors. We need not, and do not, resolve these contentions. He forced her to kneel with her head on the bed and covered her head with a pillow. Defendant introduced evidence that 14 percent of the persons who appeared for jury service identified themselves as Hispanic. Frank Moreno and Carmelo Robles responded and chased defendant down an alley. The victim later identified defendant at a lineup and identified several pieces of jewelry that police had recovered from Felipe Solano, who had purchased the items from defendant. Please look through the Manual of Style and editing guidelines, before you start contributing, to follow proper page structure. Based upon these figures, the relative disparity in Bell was 62.5 percent. Defendant's confidence in his lawyer is vital to his defense. Early in the morning on August 5, 1985, Virginia Petersen woke up to find defendant walking into her bedroom pointing a gun at her. The foreperson answered: Yes, sir. Subsequent analysis revealed that a 25-caliber bullet recovered from the victim's head had been fired from the same gun that fired bullets recovered from the home of Virginia and Christopher Petersen. Five persons linked to this address. A trial court should grant a mistrial only when a party's chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review a trial court ruling denying a mistrial. (People v. Bolden (2002) 29 Cal.4th 515, 555, 127 Cal.Rptr.2d 802, 58 P.3d 931.) Defendant correctly observes that we repeatedly have rejected this contention. While in jail awaiting trial, defendant used his blood to draw a pentagram on the floor and write the number 666. 699-702, 139 P.3d at pp. 1692, the trial court denied the defendant's request to substitute counsel because it found that the proposed attorney had an irreconcilable conflict of interest that the defendant was not permitted to waive. ] (People v. Williams (2001) 25 Cal.4th 441, 447-448, 106 Cal.Rptr.2d 295, 21 P.3d 1209, fn. Her throat had been slashed and her body was partially covered by a blanket. ), A trial court's denial of a motion for severance may be reversed only if the court has abused its discretion. It later was determined that a .22-caliber bullet recovered from Yu's body had been fired from the same gun as the bullet that killed Dale Okazaki. This court reversed the ensuing judgment of conviction, holding that the trial court erred in requiring the defendant to demonstrate that his attorneys were incompetent before allowing him to discharge them.4 (Ortiz, at p. 987, 275 Cal.Rptr. Also Read: 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video). Bell died from her injuries about a month later in July, 1985. And defense counsel's concern over news reports he had heard concerning defendant's alleged plans provide no insight into defendant's mental processes. Defendant expressly chose to wear leg chains instead of a less visible, but more uncomfortable, leg brace, and has therefore waived any objection to that form of restraint. We review for abuse of discretion the trial court's determination to discharge a juror and order an alternate to serve. Virginia Petersen later identified defendant at a lineup and at trial. Arturo Hernandez represented that defendant had entered into a written contract retaining him and Daniel Hernandez as his attorneys. You are not capable of it. 339, 651 P.2d 1145.) As foreman I find it my responsibility to bring this to your attention., The court stated: This is the juror that we have noticed behaving as if he were dozing off from time to time. ), 14. The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft, supra, 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.). 1237, 152 L.Ed.2d 291 (Mickens).) He handcuffed Sakina A. to a doorknob, threatening to return and kill her, her three-year-old son, and her infant child if she called the police. ), The size of the community also militates against granting defendant's request for a change of venue. [] [A] hearing is required only where the court possesses information which, if proven to be true, would constitute good cause to doubt a juror's ability to perform his duties (People v. Ray (1996) 13 Cal.4th 313, 343, 52 Cal.Rptr.2d 296, 914 P.2d 846. Before dawn on the morning of August 8, 1985, Sakina A. was awakened by the sound of defendant shooting her husband, Elyas, in the head as he lay next to her, asleep. WebPeter Zazzara's father Vincent and step-mom Maxine were brutally murdered by Richard Ramirez in their ranch-style home in Whittier, Los Angeles, on March 27, 1985. On December 19, 1988, before the prospective jurors were brought into the courtroom, the prosecutor noted that the proceedings had been moved to a smaller courtroom, which would require the jury to pass by the counsel table where they might see defendant's leg chains. 644, 431 P.2d 228. There is no requirement that all jurors unanimously agree on any matter offered in mitigation. Her pajama top had been pulled up, exposing her breasts, and her pajama bottoms had been pulled down around her ankles. One juror made no response. In a subsequent pleading, defendant argued the charges should be tried in eight different trials involving the following groups of victims: (1) Petersen and Elyas A. on August 5 and 8, 1985; (2) Okazaki and Yu, on March 17, 1985; (3) Zazzara and Chainarong K. on March 28 and July 19, 1985; (4) Higgins7 ; (5) Vincow on June 27, 1984; (6) Bell, Doi, Cannon, Whitney B., Nelson, and Kneiding on May 14 and 29, and July 2, 5, 7, and 19 of 1985; (7) Sophie D. on July 7, 1985; and (8) Carol K. on May 30, 1985. Garden of Commemoration, Sec. 664, 58 L.Ed.2d 579; People v. Burgener (2003) 29 Cal.4th 833, 855, 129 Cal.Rptr.2d 747, 62 P.3d 1.) (People v. Ochoa, supra, 26 Cal.4th 398, 426, 110 Cal.Rptr.2d 324, 28 P.3d 78.). Menu. The victim repeated her identification of defendant at trial. The photographer testified that shadows cast by the car's roof would have obscured the face of the driver in a parked car. You are not expected to. Again I'm not trying to jump in and tell you guys how to run your ship. The Whittier, CA, home was familiar to Ramirez as he had burglarized it one year earlier. A trial court's authority to discharge a juror is granted by Penal Code section 1089, which provides in pertinent part: If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his duty, or if a juror requests a discharge and good cause appears therefor, the court may order him to be discharged and draw the name of an alternate, who shall then take his place in the jury box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors. (Italics added; see also Code Civ. Defendant further argues that the trial court erred in failing to order a competency hearing sua sponte. Defendant expressly does not raise an assignment of error as to counsel's conflicts of interest with respect to the retainer agreements, preferring to raise this issue in a subsequent petition for writ of habeas corpus. An associate of defendant's later testified that the cap looked like one defendant wore. In People v. Bell (1989) 49 Cal.3d 502, 262 Cal.Rptr. I did it, you know. But the felony-murder rule and the burglary-murder special circumstance do not apply to a burglary committed for the sole purpose of assaulting or killing the homicide victim. 630, 774 P.2d 659, defendant is entitled to relief only if he can actually show that his right to an impartial jury was affected because he was deprived of a peremptory challenge which he would have used to excuse a juror who sat on his case. Unless, in addition to exhausting his peremptory challenges, the defendant expresses dissatisfaction with the jury ultimately selected, we cannot know whether the earlier denial of the challenge for cause deprived the defendant of a peremptory challenge that he or she would have used to excuse a juror who sat on his case. L[.] In order to establish a prima facie violation of the fair-cross-section requirement, the defendant must show (1) that the group alleged to be excluded is a distinctive group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process. (Duren, supra, 439 U.S. at p. 364, 99 S.Ct. 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. 3, 138 Cal.Rptr. The trial court denied defendant's motion for change of venue on January 9, 1987, stating it was not convinced that the survey shows that the pretrial publicity in this case has created an atmosphere where he cannot receive a fair trial. The court described the news coverage of this case as saturation, as much as they possibly can give, but noted that this was not the only case in Los Angeles that had received such extensive news coverage. Prior to the in camera hearing on October 24, 1985, referred to above, at which the court substituted Arturo Hernandez and Daniel Hernandez as counsel, Defense Counsel Gallegos appeared in camera in the municipal court with former defense counsel, Deputy Public Defender Henry Hall, and asked the judge to order a psychiatric evaluation of defendant as to his present mental state, his ability to choose his own attorney and other related matters concerning this trial. As noted above, the municipal court had taken under submission defendant's request to substitute new counsel in place of Attorney Gallegos. A man repeated, Help me, help me. The dispatcher sent an ambulance, which arrived within five minutes. The court denied the prosecutor's request to stay the determinate sentence pending execution of the death sentence, but ordered that the determinate sentence be served after the death sentence was imposed. HUG, Circuit Judge: From the above quoted statements, it is clear the trial court made inquiries into whether defense counsel planned to file a section 1368 motion, but the trial court did not express a doubt as to defendant's mental competency. (People v. Coleman, supra, 46 Cal.3d 749, 776, 251 Cal.Rptr. In court, during his arraignment in municipal court, defendant said, Hail Satan, and displayed a pentagram and the number 666 on his palm. An actual conflict of interest means a conflict that affected counsel's performance-as opposed to a mere theoretical division of loyalties. [Citation. Feinstein gave up the caliber of gun, the type of shoe, and the fact that he left foot prints. As we have noted regarding allegations regarding individual jurors: The decision whether to investigate the possibility of juror bias, incompetence, or misconduct-like the ultimate decision to retain or discharge a juror-rests within the sound discretion of the trial court. A blood sample recovered from the house in which Mary Cannon was murdered differed from defendant's blood type. In the docuseries, detective Frank Salerno says, he got comfortable after killing someone he would take the time to have a snack. Defendant handcuffed her, took several items of jewelry and some money, and then raped and sodomized her. 1173, 55 L.Ed.2d 426 (Holloway), in which indigent codefendants were represented by a single appointed attorney who represented that he had received confidential information from each defendant that created a risk of conflicting interests, but no conflict of interest was found in Cuyler v. Sullivan (1980) 446 U.S. 335, 100 S.Ct. To persuade him to talk, they put him in the same cell as The Hillside Strangler, and he got excited. The defendant in Rideau was filmed in his jail cell, the morning after his arrest, flanked by two state troopers. Maxine Zazzara's body was found in the bedroom lying on her bed, partially covered by a sheet. We have now seen Channel 11, and this is Channel 4, and they are the same. Broadly, they embrace all situations in which an attorney's loyalty to, or efforts on behalf of, a client are threatened by his responsibilities to another client or a third person or by his own interests.' [Citation.] 476. A pentagram is A five-pointed figure formed by producing the sides of a pentagon both ways to their points of intersection, so as to form a five-pointed star Formerly used as a mystic symbol and credited with magical virtues. (11 Oxford English Dict.
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