We have no question in our mind at this point that there is a conflict in this case; however, we realize the concerns of the court. Please look through the Manual of Style and editing guidelines, before you start contributing, to follow proper page structure. 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. On the morning of August 31, 1985, Manuela Villanueva was sitting in her parked car when defendant ran up and demanded her car keys. Although we held that the trial court did not abuse its discretion in ordering the jury to resume deliberations, defendant in the present case relies upon our added observation: We do not suggest that a more detailed inquiry by the court would have served no purpose. (Id. Investigators put two officers in the dentists office to be ready. The Defendant: I have had 11 years of high school [sic ] and one year of technical in electrical trades, and I have a psychologist in Los Angeles who has qualified me sane. ] [Citation. Police increased their patrols, gave advice on how to avoid being victimized, and gave free deadbolt locks to the elderly. The firefighter who responded found the iron security gate and the front door open. [Citation. As explained above, we discern no error when defendant's contentions are considered individually, and therefore find no cumulative error. 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. Defendant ordered her to get up and don't make any noise. He took her into the bedroom of her 12-year-old son, woke him up, and handcuffed her to her son. He argues nonetheless that [e]volving due process standards and requirements of reliability of the death sentencing procedure have undermined the Court's analysis in those cases.. On August 14, 1989, the jury was unable to begin deliberations because one of the jurors, Phyllis Singletary, failed to appear. The jury reasonably could have concluded that defendant abandoned his plan to steal in order to flee and avoid apprehension. 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. Under the 1978 Death Penalty Law, which governs this case, the only possible penalties are death or life imprisonment without the possibility of parole. Delatorre's husband, Manuel, arrived and struck defendant on the head with a steel bar. If there is any substantial evidence supporting the trial court's ruling, we will uphold it. Defense counsel stated that he had done extensive work interviewing potential witnesses in El Paso, Texas, and had located witnesses who are willing to come forth, but the defense had made a tactical decision not to present any additional evidence at the penalty phase. Dresser drawers were open and clothes had been thrown around the room. (a).) The court invited defendant to request to speak to an independent attorney if at any time in the future you change your mind.. 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. The trial court in the present case was correct that the 3.5 percent absolute disparity and 20 percent relative disparity between the percentage of Hispanics who appeared for jury service and the percentage of Hispanics in the area within 20 miles of the courthouse was not constitutionally significant. 1, 778 P.2d 129 we did not decide whether an absolute disparity of 5 percent between the percentage of Blacks in the community (8 percent) and the percentage that appeared for jury service (3 percent) was constitutionally significantly, but we observed that [i]t does not appear that a disparity of this degree renders the representation of Blacks on jury venires less than fair and reasonable (Id. 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. Above the bed, a pentagram had been drawn on the wall. [Citation.] Defendant asserts that the above quoted inquiry of counsel was deficient because the court failed to determine the nature of the terms and conditions of the retainer agreements entered into between defendant and counsel and defendant's family and counsel, failed to determine the impact of counsels' agreement with the family on their representation of defendant, and failed to consider the impact of the agreements with respect to counsel's purported waiver of appellant's right to a full and proper inquiry regarding his mental competency. Defendant asserts that counsels' expressed willingness to represent defendant pro bono, if necessary, deepened the appearance of grave conflicts of interest, triggering the trial court's duty of inquiry., The right to effective assistance of counsel, secured by the Sixth Amendment to the federal Constitution, and article I, section 15 of the California Constitution, includes the right to representation that is free from conflicts of interest. [Citation.] 80.) For this reason, one mitigating factor can sometimes outweigh a number of aggravating factors in a particular case. Defendant's objection to the 1987-1988 master list was rendered moot, because that list was not used to summon the jurors in the present case. He used a wide variety of weapons and would leave behind satanic symbols. The photographer testified that shadows cast by the car's roof would have obscured the face of the driver in a parked car. Murder and rape are assaultive crimes against the person and, as such, are offenses of the same class of crimes' within the meaning of section 954 and were properly joinable. Rather than replace the juror with an alternate, the court ordered the jury to resume deliberations that Tuesday morning, telling the jury the court would recess before noon so the juror could fly out of state to attend the funeral and deliberations would resume the following Monday. No error appears. We recognized in Ortiz the value we place on allowing defendants to defend themselves as they deem best, absent prejudice to themselves or unreasonable delay in the processes of justice and the importance of the right to counsel of choice and the sensitive nature of the relationship between a criminal defendant and his lawyer. (Id. Defendant again chose to wear the leg chains. Plot. On July 25, 1989, during the closing arguments of counsel, one of the jurors sent the court a note that read as follows: As a seated juror in this case, I must state my concern regarding juror #3, Mr. 269, 790 P.2d 676. Arturo Hernandez: It covers through the trial, your Honor, and any post-trial remedies that my client may have. As defendant recognizes, we repeatedly have rejected this claim. Mary Cannon was a widow in her eighties who lived alone in Arcadia. 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. Bell was lying on the floor next to the bed in another bedroom with a table on her chest. Defendant claims that the trial court erred in admitting into evidence photographs of eight of the victims because those photographs were irrelevant, gruesome, and highly inflammatory. There is no requirement that all jurors unanimously agree on any matter offered in mitigation. One juror added: I just know he is the one arrested for murders he was to have committed. at pp. After finding prints on a stolen car and releasing a mugshot to the public, Ramirez was apprehended after he was subdued by a group of residents and was beaten before cops could step in. ), 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. 867, 750 P.2d 741, we recognized a theoretical problem in section 190.3, factor (a), because it directs the jury to consider both the circumstances of the crimes and the existence of any special circumstances. We noted: Since the latter are a subset of the former, a jury given no clarifying instructions might conceivably double-count any circumstances' which were also special circumstances. On defendant's request, the trial court should admonish the jury not to do so. We were quick to point out, however, that the possibility of actual prejudice seems remote (Ibid. Conflicts of interest may arise in various factual settings. U. S. She refused and he pulled her out and entered her car. Polo rang the doorbell and called out Vincents name, but received no response. [Citation. This appeal is automatic. He stated that death was a just punishment for certain crimes. When asked what crimes he had in mind, he answered: Mostly murder, I would think. He added that if the defendant were convicted of first degree murder and found to be eligible for the death penalty, he would vote to impose the death penalty unless he were convinced otherwise. In Whittier, he cut out Maxine Zazzaras eyes and took them with him. The bullet hit Hernandez in her hand and apparently was deflected by the keys she was holding. Defendant argues that the photographs had little, if any, relevance to the determination of guilt. To the contrary, the photographs were highly relevant to show the manner in which the victims were killed and the severity of their injuries. 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. This is where police found their first clue to the identity of the Night 191, 800 P.2d 547, this Court held that both Daniel Hernandez and Arturo Hernandez should properly have been discharged by the trial court as retained counsel on the defendant's motion based on their incompetence in a pending murder case. This does not accurately describe our decision in Ortiz. Psychologist Elizabeth Loftus, an expert in eyewitness identifications, testified that memory degrades over time, that witnesses who are assaulted with weapons focus upon the weapon rather than the features of the assailant, and that members of one race have difficulty identifying members of other races. 664, 58 L.Ed.2d 579; People v. Burgener (2003) 29 Cal.4th 833, 855, 129 Cal.Rptr.2d 747, 62 P.3d 1.) A hammer lying on a table next to the bed had blood and hair on it. The relative disparity (2.3 percent divided by 16.3 percent), therefore, was 14 percent. The victim repeated her identification of defendant at trial. Her eyes were never found. Post Author: Post published: March 14, 2023 Post Category: the opportunity cost of a particular activity Post Comments: toshiba fire tv manual 43lf421u21 toshiba fire tv manual 43lf421u21 ), In any event, we did not hold in Williams that the area within a 20-mile-radius area of the courthouse could not be used as the relevant community for this purpose. On October 30, 1986, defendant called a guard over to his jail cell, displayed photographs of two of the murder victims, and said: People come up here and call me a punk and I show them the photographs and tell them there's blood behind the Night Stalker and then they go away all pale.. Duenas grabbed a telephone to call the police and returned to the balcony. In any event, the trial court did not err in refusing to excuse for cause Prospective Juror Robert D. A prospective juror must be excused if his views on the death penalty would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath. (People v. Griffin (2004) 33 Cal.4th 536, 558, 15 Cal.Rptr.3d 743, 93 P.3d 344, quoting Wainwright v. Witt (1985) 469 U.S. 412, 424, 105 S.Ct. ), An actual conflict of interest occurred in Holloway v. Arkansas (1978) 435 U.S. 475, 484, 98 S.Ct. Gallegos identified defendant at trial. Peter 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, The Defendant: I don't want to go to no hospital, Ma'am.. But one political figure would make a damming mistake later on. The trial court selected the 20-mile radius as the community to which to compare the percentage of Hispanics. In response to questioning by defense counsel, the prospective juror agreed that he was a strong supporter of the death penalty, rating his support as eight on a scale of 10. Defense counsel's request for a psychiatric evaluation of defendant, standing alone, does not require the court to appoint such an expert or conduct a competency hearing. So long as it considered the evidence offered at the guilt phase of trial solely for this purpose, the jury was entitled to take into account all of the evidence offered at the guilt phase as part of the circumstances of the crime, an aggravating factor that the jury may consider in its penalty deliberations. You must not consider other cases or news reports, or speculate about actions for other authorities in arriving at a penalty verdict in this case. [Defense Counsel]: And you know that you have a right to take the stand? Several days after Cannon was murdered, shortly after midnight on July 5, 1985, 16-year-old Whitney B. dressed for bed and sat down on her bed with the light on. Whether the trial court erred in admitting into evidence the challenged photographs of the murder victims depends upon two factors: (1) whether the photographs were relevant, and (2) whether the trial court abused its discretion in determining that the probative value of each photograph outweighed its prejudicial effect. An associate of defendant's later testified that the cap looked like one defendant wore. Defendant contends that the circumstance that he was restrained by leg shackles deprived him of his due process and fair trial rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution., On the first day of jury selection, July 21, 1988, the court informed counsel outside the hearing of the jury that the bailiff reported that defendant was unhappy wearing a leg brace. The court refused to give this instruction because it is argumentative. California courts have recognized the need to protect the sanctity of jury deliberations. The trial court in the present case concluded that it was necessary to physically restrain defendant in view of the history of this case, and some of the statements made by Mr. Ramirez. Defendant's bizarre actions following his arrest made it reasonable for the court to fear that defendant would act violently. We review for abuse of discretion the trial court's determination to discharge a juror and order an alternate to serve. 177, 639 P.2d 248: [C]hosen representation is the preferred representation. (People v. Ochoa, supra, 26 Cal.4th 398, 426, 110 Cal.Rptr.2d 324, 28 P.3d 78.). The victim later identified defendant in a lineup and identified several pieces of jewelry and a suitcase that police had recovered from Felipe Solano, who had purchased them from defendant. A blood sample recovered from the house in which Mary Cannon was murdered differed from defendant's blood type. On August 30, 1985, law enforcement officers had focused their suspicion upon defendant and obtained a photograph of him, which they distributed to law enforcement agencies throughout Southern California and released to the news media. Just prior to the lineup, Crawford saw a police officer who was conversing with some children raise his index and middle fingers. how old is toby perlman; tas police accident report; what happens if a player gets injured fanduel Arthur Davidson, Asst. The jury was instructed:In determining which penalty is to be imposed on the defendant, you shall consider all of the evidence which has been received during any part of the trial of this case, except as you may be hereafter instructed. (People v. Saunders (1993) 5 Cal.4th 580, 590, fn. 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. A pentagram had been drawn on Bell's thigh and on the wall near Florence L. Avia shoe prints were found at the scene of the crime and defendant later sold property taken during the crime to Felipe Solano. WebMaxine L Zazzara; Previous Addresses: * Strong Ave, Whittier, CA * * *nd St, Downey, CA * Associated Businesses: Pyramid Equities; We found results for Vincent Zazzara in US White House Visitor List. As we stated in Johnson, the court's ruling excusing [the juror] can be sustained solely on the basis of its finding that [the juror] had fallen asleep during trial. (Ibid.) 7, 51 Cal.Rptr.2d 770, 913 P.2d 980.). The victim had been stabbed multiple times in her upper chest, neck, arm, and leg and had some wounds on her hands. 191, 800 P.2d 547.) Defendant argues he was denied a reliable determination of his penalty guaranteed by the Eighth Amendment, citing Caldwell v. Mississippi (1985) 472 U.S. 320, 328-329, 105 S.Ct. March 25, 2023 the vscode server failed to start the vscode server failed to start An ambulance arrived and took him to the hospital where he was pronounced dead. The PEOPLE, Plaintiff and Respondent, v. Richard RAMIREZ, Defendant and Appellant. Although only one member of the jury indicated during voir dire that he never had heard of the case, they all stated they had not formed any opinion as to the guilt or innocence of Richard Ramirez regarding this case and could be fair. All rights reserved. When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. Dictionary of American Family Names Patrick Hanks 2003, 2006. Defendant subsequently exercised a peremptory challenge to excuse Prospective Juror Robert D. and eventually exhausted his peremptory challenges to the alternate jurors. 191, 800 P.2d 547.) 867, 750 P.2d 741. at p. 742, fn. Under these circumstances, the court did not err in denying defense counsel's motion to appoint a psychiatrist to evaluate defendant. 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. 2557, 2561, 165 L.Ed.2d 409.) ), As also noted above (ante, 46 Cal.Rptr.3d at p. 704, 139 P.3d at p. 87), defendant's behavior did not raise a question as to his ability to understand the nature of the proceedings or assist counsel in his defense.
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