Investigators identified him as an enraged killer because of how viciously his victims had been killed: in one case, the victim, Patty Higgins, was slashed and stabbed in the throat. Is that the point you are trying to make? ] (People v. Taylor (2001) 26 Cal.4th 1155, 1180, 113 Cal.Rptr.2d 827, 34 P.3d 937; People v. Earp (1999) 20 Cal.4th 826, 899, 85 Cal.Rptr.2d 857, 978 P.2d 15. Police recovered fingerprints from the screen found on the living room floor that later were identified as defendant's fingerprints. The jury returned a verdict of death at 11:00 a.m. This change increased the percentage of Hispanics on the master list to 28.4 percent, which is more than both the 17.5 percent of the population within a 20-mile radius of the courthouse and the 26.3 percent of the population in the Central Judicial District. Plot. On September 27, 1989, defense counsel announced that the defense had made a tactical decision not to present any evidence at the penalty phase. 1, 753 P.2d 1052, in which we held that age cannot be solely a mitigating factor and observed that the word age in statutory sentencing factor (i) is used as a metonym for any age-related matter suggested by the evidence or by common experience or morality that might reasonably inform the choice of penalty. Defendant refused to remove his sunglasses after being ordered to do so by the trial judge in open court. Decided Aug. 25, 1980. Gun sales tripled, returning to normal after defendant's arrest. Just prior to the lineup, Crawford saw a police officer who was conversing with some children raise his index and middle fingers. Investigators put two officers in the dentists office to be ready. (a).) 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 temperature of the deceased's liver was measured and the degree of rigor mortis noted, but the coroner had difficulty estimating the time of death. Between 3:00 and 4:30 a.m. that morning, Launie Dempster, the newspaper deliverer, had seen defendant walking to his car, which was parked next door to Nelson's house in Monterey Park. 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. As this court repeatedly has recognized, such claims are not cognizable on direct appeal, because an imperfection in the method of execution does not affect the validity of the judgment and is not a basis for reversal of the judgment on appeal. [Citations.] The in camera hearing concluded and, in open court, defendant acknowledged that he wished to substitute Arturo Hernandez and Daniel Hernandez as his counsel. When the police approached the boyfriend, he killed himself. The court then again instructed the jury that the juror's death was in no way connected with the case of People versus Richard Ramirez and should in no way be permitted to influence you in the performance of your duties as jurors as you deliberate the evidence in this case. [Citation. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. He jumped from the bed and chased defendant, who fired at least two more shots and then fled through a sliding glass door that had been left unlocked. [Citation.] April 14, 1985: Ramirez slipped into the Monterey Park home of Bill Doi and his disabled 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. A. (People v. Jenkins (2000) 22 Cal.4th 900, 943, 95 Cal.Rptr.2d 377, 997 P.2d 1044.) 204.) WebPhysical Address: Oakhill Correctional Institution 5212 County Hwy. The accuracy of determining if names on the two lists were duplicates would be increased if, in addition to the names, the birth date and address of the prospective jurors were compared. When he continued his killing spree in San Francisco, Bay Area police said in the docuseries that he killed an accountant named Peter Pan and raped his wife Barbara, ate everything in the fridge, threw up on the kitchen floor and masturbated on the living room floor and then wrote a satanic symbol on the wall. Relevant evidence means evidence having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. (Evid.Code, 210.) The Court: Mr. Ramirez, are you satisfied with the disclosures that have been made to you? (1239, subd. Lucifer dwells within us all., As noted above (ante, 46 Cal.Rptr.3d at p. 703, 139 P.3d at p. 86), section 1368 provides: (a) If, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant, he or she shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent [] (b) If counsel informs the court that he or she believes the defendant is or may be mentally incompetent, the court shall order that the question of the defendant's mental competence is to be determined in a hearing which is held pursuant to Sections 1368.1 and 1369. A trial court is required to conduct a competency hearing under section 1368 only if substantial evidence of incompetence is introduced. (People v. Hayes, supra, 21 Cal.4th 1211, 1281, 91 Cal.Rptr.2d 211, 989 P.2d 645.) WebMaxine Zazzara was born on May 15, 1940 in Arkansas, USA. This was problematic for investigators because that would mean the killer could just change his shoe, and the lead would go cold. Further, the passage of more than a year from the time of the extensive media coverage served to attenuate any possible prejudice and supports the trial court's denial of the motion for change of venue. Failure to Narrow Class of Death-eligible Defendants, Defendant contends that the death penalty statute applicable in this case failed to meaningfully narrow the class of defendants eligible for the death penalty, in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. Serial Killer Database Wiki. The very act of questioning deliberating jurors about the content of their deliberations could affect those deliberations. (Id. ), 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.) Valenzuela removed the table and left to call the police. 1417.). He forced her to kneel with her head on the bed and covered her head with a pillow. 1692 [If a district court agrees to the multiple representation, and the advocacy of counsel is thereafter impaired as a result, the defendant may well claim that he did not receive effective assistance].) Defendant expressly does not claim on appeal that counsel were ineffective, noting that [a] claim of ineffective assistance of counsel will be separately presented in a related petition for writ of habeas corpus.. Mr. Defendant's palm print was found on the sink. Such rules shall govern the duties of the court and its attachs in the production and use of the juror lists. Similarly, the band Testament released in 1987 a song entitled Alone in the Dark that says that Faustus prepares the legions of the night. (< http://www.darklyrics. ] (People v. Ward, supra, 36 Cal.4th at p. 220, 30 Cal.Rptr.3d 464, 114 P.3d 717.). Defendant places great emphasis on the prospective juror's statement that he would vote to impose the death penalty unless he was convinced otherwise, but this comment must be considered in light of the prospective juror's explanation that he would not necessarily be committed from the outset to the imposition of the death penalty. The trial court's implied finding that the prospective juror's views on the death penalty would not substantially impair the performance of his duties as a juror is supported by substantial evidence. 9. 2. Citing Rideau v. Louisiana (1963) 373 U.S. 723, 83 S.Ct. 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. 844, 83 L.Ed.2d 841.) (People v. Ochoa, supra, 26 Cal.4th 398, 426, 110 Cal.Rptr.2d 324, 28 P.3d 78.). 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. We have conducted extensive investigations of the case with him. The court had the following exchange with defendant: The Court: Since you are bilingual, I want to inquire: the contract was written in English? The Court: To the court inquiry as to the extent of your contract, does it cover through the preliminary hearing? However, reporters were convinced to withhold that information from the public. This court fully recognizes that the defendant has the right to retained counsel of his choice at all stages of the proceedings against him. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. Hairs recovered in Mabel Bell's house were dissimilar to defendant's hair. Heinrichs Development 702 N High Point Rd Ste 200 Madison, WI 53717 [email protected]. Further, the jury commissioner adopted a suggestion by defendant that significantly increased the representation of Hispanics on this new master list. [Citation.] When asked in the juror questionnaire what, if anything, they had learned about the case, they indicated, at most, only the most general familiarity with the case.5 They all stated that this information did not make them favor either the prosecution or the defense. Its headlights were on and the driver's side door was open. Defendant twice asserts in his opening brief that in People v. Ortiz, supra, 51 Cal.3d 975, 275 Cal.Rptr. ]: I don't think I could say in every case. In the present case, the determinate sentences were imposed for crimes that were committed separately from, or involved victims other than, the murders for which defendant was sentenced to death.
Nevada Dmv Commercial Vehicle Registration, Carnival Thermal Suite Pass, Zinc + Sulphur Word Equation, Articles M