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The court instructed the jury that in determining the proper penalty it should disregard the instructions given at the guilt phase of the trial and consider any sympathetic or other aspect of the defendant's character or record, adding again, You must disregard any jury instruction given to you in the guilt or innocence phase of this trial which conflicts with this principle. The jurors further were instructed that they were free to assign whatever moral or sympathetic value you deem appropriate to each and all of the various factors you are permitted to consider.. Defendant compared that percentage to both the percentage of jury-eligible Hispanics living in the judicial district in which the trial was held (26.3 percent) and the percentage of jury-eligible Hispanics living within a 20-mile radius from the courthouse (17.5 percent). ), Defendant requested the following jury instruction: One of the factors for you to consider in determining the penalty is the age of the defendant at the time of the offense(s). 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. was asleep or dozing or catnapping or doing something other than paying rapt attention to the proceedings. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. I just want to make perfectly sure you understand. The trial court conducted an extensive hearing on the motion, which spanned two months. Weeks also pointed out that the process of eliminating duplicate names from the two lists was inaccurate, because only the exact last name and the first four letters of the first name were compared. Turns out, the chief of police had never told her to not release it. You shall therefore give any age-related factors and argument consideration in arriving at a judgment as to penalty.. But the court's determination that physical restraints are needed will not be overturned on appeal except on a showing of a manifest abuse of discretion. (Id. Plot. In the present case, the trial judge had observed that the juror had difficulty paying attention during trial and appeared to fall asleep. On August 2, 1988, during a discussion of courtroom security measures, the court noted in general terms that it had ordered increased courtroom security, including the use of a metal detector, because it had received information with regards to threats about individuals involved in this case.. April 14, 1985: Ramirez slipped into the Monterey Park home of Bill Doi and his disabled 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.) I will have to judge each case by its own merits.. 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. Police recovered fingerprints from the screen found on the living room floor that later were identified as defendant's fingerprints. Christopher Petersen drove his wife to the hospital. He died on March 27, 1985 in Whittier, California, USA. On September 2, 1985, a guard saw defendant in his jail cell bleeding from his right palm. Later he gouged out Maxine's eyes and took them with him. (People v. Champion, supra, 9 Cal.4th 879, 947, 39 Cal.Rptr.2d 547, 891 P.2d 93.) A blood sample recovered from the house in which Mary Cannon was murdered differed from defendant's blood type. ), 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.] The trial court properly denied the request because it correctly was concerned that interrupting the jury's deliberations at that point to inquire about the effect of the juror's death would undermine the sanctity of deliberations. During his testimony regarding the murder of Tsai Lian Yu, eyewitness Jorge Gallegos identified defendant, but added the observation, he's just a little different, explaining, his hair is just a little longer. On cross-examination, the following exchange occurred: [Defense Counsel]: the man at the trial looks different than the man you saw that night. A hearing was held on August 31, 1989. All the channels had the same kind of mixture of hard news and fluff, and I don't see any point in sitting here watching, you know, all of the channels. He shot Vincent first, then brutally assaulted Maxine by stabbing her to death. The trial court correctly recognized that the defendant has the right to retained counsel of his choice. (Ante, at p. 696, 139 P.3d at p. Maxine Zazzara, 44, had been shot twice. He entered and encountered Yuriko Lillie Doi in a nightgown who motioned toward her husband, William Doi, who was sitting in a chair in the den by a telephone; he was unconscious and breathing with difficulty. Best of 2022 Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. And I beg you to remember that in your deliberations. The court then selected an alternate juror to replace Juror Singletary and released the jury for the day, ordering them to return the following day and repeating the admonition to not allow yourself any exposure to any media representation about this case.. The Defendant: Yes. 128, 616 P.2d 1301.10 In response to questioning by the court, Prospective Juror Robert D. stated that he would not automatically vote to impose the death penalty and, instead, would consider all of the evidence before making a decision. She had multiple bruises, lacerations and contusions on her face. 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. [A] court may admit even gruesome photographs if the evidence is highly relevant to the issues raised by the facts, or if the photographs would clarify the testimony of a medical examiner. (People v. Coleman (1988) 46 Cal.3d 749, 776, 251 Cal.Rptr. 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: All right. Section 654 bars multiple punishment for a single act or omission. Although it literally applies only where such punishment arises out of multiple statutory violations produced by the same act or omission, we have extended its protection to cases in which there are several offenses committed during a course of conduct deemed to be indivisible in time. [Citation. [] []. He said, all the killings are going to be blamed on me.. We have suggested that in appropriate circumstances' a trial court may be required to give a requested jury instruction that pinpoints a defense theory of the case But a trial court need not give a pinpoint instruction if it is argumentative [citation] [or] merely duplicates other instructions [citation] (People v. Bolden, supra, 29 Cal.4th 515, 558, 127 Cal.Rptr.2d 802, 58 P.3d 931.) 618, 545 P.2d 1322.). In any event, defendant does not explain how he would have been prejudiced even had the jurors disregarded the court's instructions and viewed media accounts of the juror's murder. Discover Even More at p. 987, 275 Cal.Rptr. One of the only trails investigators had was a shoe print he left in a flower bed in one of his earlier murders. The court appropriately released the jury the day it learned of the juror's murder and resumed deliberations the following day only after observing the jurors' demeanor and inquiring of the jury foreperson whether the jury was ready to resume deliberations. Without a doubt, Mayor Feinstein made a big mistake, said Frank Falzon, a San Francisco police inspector. After some discussion about whether both photographs depicted the same wound, at the court's suggestion, the prosecutor withdrew one of the photographs and the court admitted into evidence the other photograph. On November 7, 1989, the trial court sentenced defendant to death on his 12 convictions for first degree murder with special circumstances and a term of 59 years and 4 months on his 11 convictions of noncapital crimes. I am beyond your experience. Defendant may not raise this issue for the first time on appeal. Defendant in the present case exhausted his peremptory challenges to the alternate jurors, but did not express dissatisfaction with the jury ultimately selected. He then removed the handcuffs from Carol K., handcuffed her son behind his back, and put him in a closet. A criminalist examined hairs recovered from the home of Maxon and Lela Kneiding and testified that they were dissimilar to defendant's hair. Duenas grabbed a telephone to call the police and returned to the balcony. Her skull had been fractured; the injury could have been caused by a hammer. The survey revealed that 94.3 percent of those who responded had heard of the case and 52.7 percent were able to recall something about defendant, such as that he was a Satanist or that he looked evil or mean. L[. ), Even without the court having held a hearing on this issue, it appears that the trial court did not abuse its discretion in ordering that defendant be physically restrained during trial. One juror made no response. Defendant submitted the following proposed jury instruction: Statements by some jurors during jury selection showed an awareness of news reports concerning other cases where sentences of death were not carried out for legal reasons or where persons sentenced to life imprisonment have been considered for parole. As discussed above, defendant has failed to show any errors occurred during the guilt phase of his trial. Defendant left the car and ran down the street. As noted above, both the prosecution and the defense elected not to present any additional evidence at the penalty phase. Later, in an interview from jail, he posed the question of whether serial killers are born or bred. [] So the point I am trying to make to you is this: you may file and lodge all of the cassettes you wish, all those that you have, but I don't think that in my discretion that it is a judicious use of my time to sit there and watch them all. Since this time they have come back and they have, in my opinion, based on my observations, resumed their usual demeanor and apparent cheerfulness and ability to get about their business, and I think that is important to remember This court has had nothing that would put it on notice, either by the jury or by its own observations, that would indicate that this jury is not able to continue on with its deliberations. At defendant's request, the court ordered that the brace be replaced by leg chains. He was interrogated without counsel by the sheriff and confessed to bank robbery, kidnapping, and murder. The defense did not contest that defendant was a burglar. The court granted defendant a one-week continuance to present his case. The court refused to give this instruction because it is argumentative. Hernandez later identified defendant as her assailant at a police lineup and identified defendant at trial. ), The court sustained the People's objection to numerous exhibits on grounds of lack of foundation and unintelligibility and lack of authentication, adding: But again, Gentlemen, I do have knowledge and I will accept the principle that all of the-virtually all of the local news media, including the small outlet media, local newspapers, ethnic-oriented publications, various language publications, have covered this case, if that is the point you are trying to make. He called her names and repeatedly asked where was her money, jewelry, and other property. 82-85), defense counsel in the present case entered into a contract with both defendant and his family to represent defendant. Defendant objected to three coroner's photographs of Lela Kneiding. That section requires the defendant to make a showing of good cause in order to obtain severance, and defendant's failure to request a severance waives the matter on appeal. 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. 503, 781 P.2d 537, which was filed the year after the trial court ruled in the present case, defendant argues the trial court erred in using the area within a 20-mile radius of the courthouse as the relevant community. Before MARKEY* , Chief Judge, and WALLACE and HUG, Circuit Judges. Defendant claims that the trial court violated his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution because it abused its discretion under section 1368 in denying Defense Counsel Gallegos's motion for a psychiatric evaluation of defendant. Defendant's claim also fails on the merits. We have consistently upheld the introduction of autopsy photographs disclosing the manner in which a victim was wounded as relevant not only to the question of deliberation and premeditation but also aggravation of the crime and the appropriate penalty, all of which were at issue here. He told her to be quiet, asked, Where is it? and then shot her in the face. Florence L. was taken to a hospital, where an examination revealed evidence that she had been sexually assaulted. Defendant put a gun to her head, covered her mouth with a gloved hand, and threatened to kill her if she made a sound. His cousin killed his wife right in front of him when he was 13 years old. (2d ed.1989) p. Duplicate names on the DMV list are eliminated by comparing the full last name and the first four letters of the first name on the two lists.

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