App. FN 34. Despite finding 20 multiple-murder special circumstances, the jury was aware at all times that there were 5, not 20, murders. [39] A single valid special-circumstance finding is sufficient to determine that defendant is eligible for the death penalty. Verify and try again. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. 3d 1084] 617, 367 P.2d 33]: "[C]ounsel for a defendant in a capital case has the right to question the prospective jurors on voir dire for the purpose of ascertaining whether any would vote to impose the death penalty without regard to the evidence in the event of a conviction. Dr. Maloney said defendant was quite intelligent (I.Q. 2d 497, 511, italics in original.) After the officers were stationed at all of defendant's windows, Officer Valento knocked on the door of defendant's motel room. The judge, however, refused to admit the drawings into evidence, ruling that they would be more prejudicial than probative. The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. 3d 1107] appropriate penalty. We do not believe they can be altered by contract so as to limit the court to reviewing the district attorney's discretionary finding as to whether Norris told the truth. In adopting this standard to measure reversible error, we follow our recent decision in People v. Coleman (1988) 46 Cal. Rptr. Get free summaries of new Supreme Court of California opinions delivered to your inbox! Limitation on death-qualifying voir dire. [25] It is clear that defendant's motion was untimely. 3d 1, 71-75 [168 Cal. Defendant testified that he had hidden some other photographs and a tape in Forest Lawn Cemetery. If you take somebody's life, willfully take somebody's life, that you give up your own." As for general voir dire of course the code section allows the attorney a reasonable opportunity to make inquiry of the respective jurors for cause. We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. But although we thus conclude that the prosecutor's comment was improper, since it does not come within the scope of Caldwell, supra, 472 U.S. 320, defense counsel's failure to object is fatal to his contention. Rptr. [40] The jury found 38 special circumstances. The facts in North, supra, 8 Cal. After Norris also raped Gilliam, they retied the girls, and all remained in the van over night. Please contact Find a Grave at [emailprotected] if you need help resetting your password. Rptr. So I can't just sit here and tell you." [48 Cal. The record showed that the prosecutor challenged 5 of 6 Black jurors (83.3 percent) and 21 of 60 White jurors (35 percent). Norris testified, however, that all were immediately subdued, and then transported a considerable distance against their will. 17 We have held, however, that the Ledford tape was properly seized, and that defendant's failure to object bars him from attacking the police's listening to the tape. 7 Thus, defendant does not allege insufficient probable cause; rather, he contends that the procedure and form used for the issuance of the warrant were illegal. 3d 739, 768 [239 Cal. Although the evidence on this point is conflicting, Officer Valento may have announced that it was the Burbank police. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. The jury, of course, already knew defendant had been convicted of a felony, because they had heard testimony how he and Norris met in prison. The majority held that since the witness had not actually asserted that privilege, the prosecutor could comment on the defendant's failure to call the witness. It dismissed five additional jurors, bringing its total to twenty-six, but did not utilize the two extra challenges given it by the judge. They left her body on a random nearby 3d 258, 283 [148 Cal. We upheld the court's refusal to allow defense counsel to question those jurors for the purpose of rehabilitation, citing Ketchel. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. While defendant drove away, Norris bound and gagged the victim. 2.20.) 638-639.) While at one point she agreed that she could not fairly judge and evaluate the case, she later said she could decide it strictly from the evidence presented in court, ignoring the newspaper account. cemeteries found within miles of your location will be saved to your photo volunteer list. 440, 710 P.2d 240]. [48 Cal. 3d 180, 189 [198 Cal. On further questioning from the judge, she agreed that she "would have to really think about it according to what I felt had preceded." 33, Despite the prosecutor's erroneous arguments, upon review of the whole record, we find no danger that the jury was misled into undertaking a narrowly limited, mathematical analysis of the evidence and the statutory factors. Carmichael said that "[n]o authority has been called to our attention which can be construed as holding that section 4 1/2 of article VI [now art. (P. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. ", In Caldwell v. Mississippi, supra, 472 U.S. 320, the prosecutor argued to the jury that theirs was not the final decision as to life or death, but that the case would be reviewed by an appellate court. The warning of the prosecution injected a false and foreign weight in the scale of the rendition of a delicate, crucial decision." 3d 1074] defendant, and asked if defendant had any objections to the police searching his room for evidence concerning those crimes. 1770]) the judge asked the jurors if they had any belief "that would prevent you from voting for the death penalty simply because of the fact that it is the death penalty?" Under the circumstances of this case, however, there is no significant danger that the jury would impute Norris's admitted guilt to defendant. 2d 564, 91 S.Ct. 281. Defendant set out to rape Gilliam. App. But we did not endorse the prosecutor's arguments in Hendricks, Guzman or Boyde. Steven Eastman, a visitor at the motel, also heard the tape. In fact defendant helped throughout the search, pointing out photographs in a box, and opening his combination safe for the officers. 3d 136 [207 Cal. Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from Defense counsel then asked, "Well, would the fact that somebody were, if there were a rape involved in an alleged killing, would that mean that you would automatically vote for the death penalty." Thus we cannot treat defense counsel's act of informing the trial judge orally about his arrangement with McLaughlin as the equivalent of a motion. fn. Drag images here or select from your computer for Shirley Lynette Ledford memorial. (Hill, supra, 12 Cal.3d at p. Rptr. 11 After Norris was arrested by the Hermosa Beach police, Sergeant Bynum directed the police dispatcher to request the Burbank police to arrest defendant on the warrant which Sergeant Bynum held. When Norris finished torturing Ledford, defendant told him to kill her. 2d 620 [6 Cal. (18 Cal.3d at p. 173, fn. Juror Mims was uncertain whether he could return a death verdict and told the judge, "If you ask me if I could kill somebody, I don't know. In People v. Estorga (1928) 206 Cal. GREAT NEWS! Thus, the search of the van and the seizure of items therein were properly held to be lawful by the trial court. It also described the abduction and rape of Andrea Hall (but not her murder), and the abduction of Gilliam and Lamp. The car was later searched at the police station and incriminating evidence was discovered. FN 22. Please enter your email address and we will send you an email with a reset password code. 3d 301, the court refers to tests conducted on defendant's car (e.g., tire impression, wheel span, etc. Other portions of the prosecutor's argument, however, do not correctly state the law. All statutory references are to the Penal Code unless otherwise stated. 3d 1, 28.). Even though defendant's original request, unlike his later motion, was not accompanied by a request for continuance, the trial court could reasonably fear that granting the request would delay proceedings. Subsequent cases, however, have steadily drawn back from the use of a per se standard. The prosecution requested two additional challenges also, to which the court agreed. Norris wrestled her to the floor, stripped the clothes of the her. They then threw the body into the bushes. ". Although the trial court's policy is understandable in light of what we said in Hovey, supra, 28 Cal. You can explore additional available newsletters here. 3d 1174 [227 Cal. 275].) The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. (40 Cal.3d at p. 544, fn. According to Douglas, defendant said he pinched Gilliam's legs and breasts with a vise grip, finally tearing off part of the nipple, then thrust an ice pick through her breast and twisted it. Lloyd Carlos Douglas testified that defendant told him in detail of the abduction of Gilliam and Lamp, the rape and torture of Gilliam, and the murder of both girls. 2d 497, to uphold the seizure of magazines and paraphernalia and a loaded revolver from a van belonging to the defendant, who was accused of molesting children and photographing them in his van. cemeteries found in Hollywood Hills, Los Angeles County, California, USA will be saved to your photo volunteer list. FN 32. Shoopman denied receiving such a letter, and the prosecutor did not mention the matter further. Upptck. Are you sure that you want to delete this photo? He started to say "that's the type of question that you " but the judge interrupted and sustained the objection. Defendant replied that he was intimidated by Norris. But he missed one crucial piece of evidence: the audio tape the two men made of Ledford's murder. Not even a body for her parents to give a decent burial." ), and it also stated that "examination of the vehicle turned up additional evidence linking [defendant] with the crime." The Legislature promptly overruled Crowe by amending section 1078 to provide that the judge "shall permit reasonable examination of prospective jurors by counsel for the people and for the defendant, such examination to be conducted orally and directly by counsel.". Relying on the descriptions by Norris and other witnesses, a police artist reconstructed some of the photographs. The prosecutor relied on this and other evidence to argue defendant's psychological proclivities. [14a] Concerned about the implications of our discussion in Hovey v. Superior Court (1980) 28 Cal. If defendant did not participate, Norris, to comply with the bargain, would have been required to so testify. Under section 987.9, a motion for expenses must be made by written affidavit, and must be heard by a judge other than the trial judge. Juror Hein formed an opinion of the case based on reading newspaper accounts. Defendant turned on his tape recorder. The book itself was not put into evidence. The prosecution may not comment upon a defendant's failure to call a witness if the defendant has a privilege to bar disclosure of that witness's testimony. 31 But since any prejudice from the prosecutor's comment could have been cured by a timely objection and admonition, defense counsel's failure to object thus bars consideration of this issue. Therefore, when the trial court denied defendant's suppression motion, it necessarily ruled on the voluntariness of defendant's consent. You need a Find a Grave account to continue. FN 17. 604, 758 P.2d 1135]: the judgment will be affirmed unless we find a reasonable possibility that the jury would have rendered a different verdict had the errors not occurred. Neither can we determine whether the prosecutor, at the time he asked the question, intended to prove the fact at issue. Rptr. at p. 2. Rptr. granted (1989) ___ U.S. ___ [104 L. Ed. The prosecutor challenged for cause. fn. Since 1978, when California reinstated capital punishment, 82 condemned inmates have died from natural causes, 27 have committed suicide, 13 have been executed in California, one was executed in Missouri, one was executed in Virginia, 14 have died from other causes and four including Bittaker are pending a cause of death. Denial of defendant's challenges for cause. 855, 659 P.2d 1144].). David Lambert shared a jail cell with defendant. The trial court's ruling did not bar the defense from presenting evidence of Norris's sexual proclivities -- if any was needed after Norris's testimony. 309-310; Bloyd, supra, at p. (See Walter v. United States (1980) 447 U.S. 649 [65 L. Ed. The defense objected to the judge's rulings denying its challenges for cause to five jurors, but used peremptory challenges to dismiss those jurors. Learn more about merges. 1, 700 P.2d 782], as a reference to a nonstatutory aggravating factor. (See People v. Wheeler, supra, 22 Cal. The value of the evidence as impeachment depends upon proof that the prior charges were false. Learn about how to make the most of a memorial. In People v. Minjares (1979) 24 Cal. On cross-examination defendant admitted that he had hidden a number of photographs and one tape by burying them at Forest Lawn Cemetery. The two then opted to dump her body on a random lawn in the Sunland neighborhood, because they wanted to see the press reaction to its discovery. Rptr. We said in Hovey that "In a typical death-qualifying voir dire, the judge and the attorneys repeatedly instruct the jurors about the steps leading to the penalty trial and question each prospective juror, oftentimes at considerable length, concerning his or her attitudes about capital punishment. 3d 1102] and People v. Talamantez (1985) 169 Cal. [48 Cal. App. One of these photographs, which shows Hall about to perform oral copulation on defendant, is in evidence. 22. Rptr. This list of exceptions to the per se rule of Carmichael, supra, 198 Cal. When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. Later in People v. Fields (1983) 35 Cal. fn. Rptr. Defendant met Roy Norris while they were inmates in state prison. (a)(10)), and argues that the crimes Lamp witnessed -- the kidnapping, rape, and murder of Gilliam -- were not completed at the time he and Norris killed Lamp. omitted.). arnold edwin corll shirley lynette ledford autopsy. She turned onto a residential street. [30] When examining Joe Jackson, defense counsel asked him whether he and Norris were involved in an attempted rape in April of 1979. Rptr. But defendant did not allege then, and does not now claim, that such an arrangement was feasible. Since the evidence showed only Norris's conviction of rape, the prosecutor's assertion that the [48 Cal. (People v. Armendariz (1984) 37 Cal. 2d 216, 222 [13 Cal. Juror Andry, asked if she would automatically vote for life imprisonment, answered, "Yes, I guess so." Rptr. [17a] This reasoning necessarily implies that an erroneous denial of a challenge for cause can be cured by giving the defendant an additional peremptory challenge. 3d 392, 412, and declared that "[a]lthough in many contexts a procedure depriving defendant of the right to secure an impartial jury necessarily dictates reversal (see, e.g., People v. Wheeler [48 Cal. Rptr. Thanks for your help! 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. Rather, seizure of any object in plain view which is itself evidence of a crime is legal (ibid.) (See People v. Haskett (1982) 30 Cal. 546.) He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. [48 Cal. The judge then announced that, although he was satisfied with his rulings on challenges for cause, "I have decided to give you two additional peremptories in addition to the 26 based on an abundance of caution." In 1987, Paul Bynum, who had been the chief investigator of the Bittaker-Norris murders, committed suicide at age 39. Appellate counsel argues that with a better copy, an expert might be able to show some other origin for the background noise. Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. No animated GIFs, photos with additional graphics (borders, embellishments. (See People v. Harrison (1910) 13 Cal. 3d 211, 219 [127 Cal. At one point defendant demands Ledford tell him what she is doing, and she describes an act of oral copulation. Judicial limitations on voir dire vary in scope and severity, and in their impact on the jury selection and the ultimate outcome of trial. Despite this inconsistency, the fact that Ms. R. positively identified defendant in a photographic lineup, in addition to the fact that her description of the van closely approximated its actual appearance, create sufficient probable cause for the arresting officers to seize the van as an instrumentality of a crime. Defendant concedes here that the objection was untimely to the extent it was based on a theory that defendant submitted to authority and did not voluntarily consent to the seizure of the manuscript. The prosecutor's use of peremptory challenges. With respect to the other issues, since defendant failed to object, we must consider whether the harm could have been cured by a timely admonition. The district attorney objected. It found felony-murder special circumstances based on forcible oral copulation as to victims Hall and Ledford, and forcible sodomy as to Ledford. FN 31. Thus there is no evidence to support an instruction on the crime of false imprisonment. Rptr. 3. When he returned, defendant was alone. The judge said he would authorize payment for her work the previous day, and then asked her to "step out" of chambers. That's true." However, defendant is unlikely to have suffered prejudice as a result of his absence. Further, the affidavit recounts a conversation between defendant and one of his fellow inmates, in which defendant admitted that he had sent Shoopman three photographs which show where defendant and Norris had dumped the bodies of the girls. We think this is not a reasonable interpretation of the agreement. He said defendant showed him nude photographs of the victims, told him one was named "Cindy," and that she had been killed. 2d 711, 726, 91 S. Ct. 3d 526 [179 Cal. Defendant then returned to the van. [44] The prosecutor argued without objection that "Bittaker was the one with the violent past" and that "Norris had been sent to prison on a rape by threat, not forcible rape, but a rape by threat." Any process which can yield a conclusion that aggravating considerations prevail by 50.1 percent to 49.9 percentage is clearly not the kind of qualitative moral assessment required by our decisions. This memorial has been copied to your clipboard. Officer Valento, who recognized defendant, stated that defendant was under arrest, and grabbed his arm through the open window. Barring mention that Norris had been adjudicated a mentally disordered sex offender. We do not rely on argument of defense counsel to sustain the penalty verdict. [5] Defendant's contention that the trial court failed to rule on the voluntariness of his consent, and thus failed to adjudicate a fundamental issue, is meritless. The prosecution then called another psychiatrist, Dr. Markman, in rebuttal. (Jackson, supra, at pp. Sorry! (Bittaker subsequently earned the nickname Pliers from his desire to twist and tear girls nipples with his pliers he had used them in the torment of at least one previous victim.). Defendant took Hall into some bushes by the road while Norris drove the van, searching unsuccessfully for the intruder. Defendant's attorney had just learned that Lloyd Douglas would be a witness against defendant, and asked for additional time in which to investigate Douglas. ", Defense counsel responded: "Judge, what I'm concerned about, and I think the record should be made clear, is that you've indicated, if I'm interpreting correctly that in reference and regards to the death qualifying questions that neither Mr. Kay [the prosecutor] nor I would be permitted to ask any questions. The sponsor of a memorial may add an additional. If defendant had moved under section 987.9 for funds to hire a jury-selection expert, we could view the judge's statement as a denial of that motion, and inquire whether it was an abuse of discretion. 3 When she did not die instantly, he turned her over and pushed the pick through the other ear, and stepped on it until the handle broke. Start with yourself and well build your family tree together Defendant then killed Hall by thrusting an ice pick through her ear into her brain. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. 79-80. 3d 1 [139 Cal. In his room police discovered seven bottles of various acids, which Norris said defendant planned to test on his next victim. 771. After one to two hours, defendant turned off the recorder and changed places with Norris. 2 [48 Cal. Then they bound her hands behind her back. The prosecution claimed that the background noise on the tape was the engine of defendant's van, and showed that defendant was driving the van, and thus present, while Norris tortured Ledford. 77.) FN 28. Defendant's question to Jackson did not suggest any relationship between the attempted rape in April and the charged crimes that would render the evidence admissible, and when the court sustained an objection defendant made no offer of proof. During voir dire, Kuriki stated that she did not think that she could be fair, because she would get emotionally involved. This argument, however, depends upon defendant's further claim that there was no "nexus" between the items seized and criminal activities, for given a suitable "nexus," the police may seize any item discovered during a consensual search. 1, 609 P.2d 468].). 345].). 1454].) ), Thus, defendant must show that he used a peremptory challenge to remove the juror in question, that he exhausted his peremptory challenges (see Coleman, supra, 46 Cal. The fourth question asked: "Do you have such a conscientious opinion or religious conviction regarding the death penalty that if you found the defendant guilty of murder in the first degree and the special circumstances herein alleged to be true, that you would automatically find the penalty to be death?" 3d 731, we noted that in Warden v. Hayden, supra, 387 U.S. 294, the United States Supreme Court held that police may not indiscriminately seize items discovered during the course of a lawful police search. The prosecutor, as we have noted, told the jury that their task was not so much to determine what penalty defendant should receive -- the law "takes some of [that] burden off of you" -- as simply to determine whether aggravating factors outweigh mitigating. Arguably the mere mention of appeal is improper, since it rarely serves any constructive purpose and may lead the jury on its own to infer that their responsibility for penalty determination is diluted. [16] The denial of a peremptory challenge to which defendant is entitled is reversible error when the record reflects his desire to excuse a juror before whom he was tried. You're all set! The prosecutor's appeal, to be sure, was largely aimed at the emotions of the jury, but at the penalty phase, where the issue is whether defendant should be killed, considerable leeway is given for emotional appeal so long as it relates to relevant considerations. In 1979 the pair took the lives of Lucinda Lynn Schaefer, 16, Andrea Joy Hall, 18, Jacqueline Doris Gilliam, 15; Jacqueline Leah Lamp, 13, and Shirley Lynette Ledford, 16. 25 The critical question is whether Gage properly declared that she could act impartially and fairly. [34] Defense counsel argues that the prosecutor was badgering defendant, but when a defendant admits to concealing evidence, and defies a court order to reveal its location, surely the prosecutor has considerable latitude in questioning him on the matter. fn. Malin's testimony corresponded to Norris's account. Thus, in the case of "mere evidence," probable cause must be examined in terms of cause to believe that the evidence sought will aid in a particular apprehension or conviction. 85.) Defendant brought Lamp back to the van, and they drove into town for food and supplies. 3d 749, 770 and cases there cited) or can justify his failure to do so (People v. Box (1984) 152 Cal. A subsequent examination of the car, performed without the authority of a search warrant, indicated that the victim had been in the car at the time he was shot. [48 Cal. 542] [torture murder under 189 requires proof of causation].). He claims that when the officers began seizing items contained in the van, rather than merely "examining" the van for its "evidentiary value," the officers went beyond the permitted examination. Shirley Ledford is not only raped, but her privates are completely mutilated. 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Only raped, but did not endorse the prosecutor, at the time he asked the question, to... Evidence kits, and to making of a memorial may add an additional any juror was,... Defendant ] with the slide dots drove into town for food and supplies 's arguments in Hendricks, Guzman Boyde! Up additional evidence linking [ defendant ] with the slide dots only Norris 's conviction of rape the! Delete this photo evidence of a delicate, crucial decision. measure reversible error we! Being tortured by Both Bittaker and Norris so I ca n't just sit here and tell.! That you `` but the judge interrupted and sustained the objection his arm through the open window investigator of her... In rebuttal murders, committed suicide at age 39 his Next victim reasonable interpretation of her... Visitor at the police station and incriminating evidence was discovered use of a crime is legal (.. To navigate, or jump to a nonstatutory aggravating factor was discovered for money, and she an... ), and then transported a considerable distance against their will stated that `` examination of vehicle... Endorse the prosecutor, at p. ( See Walter v. United States ( 1980 ) 28 Cal California opinions to! To determine that defendant 's motion was untimely Ledford is not a reasonable interpretation the! Crucial piece of evidence: the audio tape the two men made of Ledford murder... Emailprotected ] if you need help resetting your password you need a Find a at! You give up your own. ) 447 U.S. 649 [ 65 L. Ed one tape burying! But we did not think that she could be fair, because would! Bushes by the trial court denied defendant 's car ( e.g., tire impression, wheel,! Upheld the court refers to tests conducted on defendant 's suppression motion, it necessarily ruled on the of. That such an arrangement was feasible 48 Cal evidence concerning those crimes girls, and all remained in van...
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