fn. 3d 301, the court refers to tests conducted on defendant's car (e.g., tire impression, wheel span, etc. Belief in the truth of the assumption that sentencers treat the power to determine the appropriateness of death as an 'awesome responsibility' has allowed this Court to view sentencer discretion as consistent with the Eighth [Amendment] ." (Pp. 2d 1, 22 [338 P.2d 397]: "Where a prospective juror gives conflicting answers to questions relevant to his impartiality, the trial court's determination as to his state of mind is binding upon an appellate court [citations]." The jury, while it did not find that defendant attempted to kidnap her, found defendant guilty of conspiring with Norris to kidnap women, and specified the Malin incident as an overt act done pursuant to the conspiracy. 16 (People v. Rogers, supra, 21 Cal. Rptr. 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. Therefore, on December 27, Judge Woolpert of the San Luis Obispo Superior Court executed a warrant authorizing the search of Shoopman's cell in the California Men's Colony for letters or photographs sent to Shoopman from defendant or Norris. 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. After one to two hours, defendant turned off the recorder and changed places with Norris. 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. fn. Previously sponsored memorials or famous memorials will not have this option. [40] The jury found 38 special circumstances. 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. cemeteries found within miles of your location will be saved to your photo volunteer list. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. After the third knock, the bathroom window to the immediate right of the door was opened by the defendant, who asked, "Who is it?" Even under the rule of People v. Edwards (1912) 163 Cal. (P. Officer Valento explained this to [48 Cal. The second portion of the tape contains Norris's voice, urging Ledford to scream, and more screaming by Ledford. Section 806 provides in relevant part: "A proceeding for the examination before a magistrate of a person on a charge of an offense originally triable in a superior court must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. 3. As stated in People v. Linden (1959) 52 Cal. He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. The prosecutor's comment, however, is clearly improper for another reason. Norris drove to a store, keeping in communication by radio. [32] The prosecutor offered considerable evidence, generally without objection or request for limiting instructions, which tended to show defendant's psychological disposition toward acts of violence and his interest in sexual torture. 14 Any delay would have allowed him to duck back inside the room and resist entry. Defendant drove by and offered her a ride, but she refused. The court overruled defendant's objection. 2d 842 [56 Cal. The trial court denied defendant's objection as untimely. At the start of the second day, the court called counsel and McLaughlin into chambers and told her that "I am not authorizing your services." Nothing in the bargain requires or permits Norris to testify falsely against defendant. And I made that type of ruling, and I've made that clear to the attorneys. 83, 759 P.2d 1260]. It would obviously be improper for the jury to return a death verdict with respect to one murder to protect the death verdict it returned for a different murder, and the prosecutor should not have suggested that the jury do so. You can explore additional available newsletters here. He started to say "that's the type of question that you " but the judge interrupted and sustained the objection. He objects to the finding that Lamp was intentionally killed because she was a witness to a crime. Rptr. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. Rptr. Rptr. He agreed to pay her $500 a day. Are you sure that you want to delete this photo? (Id., at p. 305, italics added.) She screamed on cue for the tape, but was not tortured in his presence. I felt like I was sweating but I wasnt. But the officers, having seized defendant at the window, could not release him without giving him a chance to grab a weapon and resist entry. (People v. Hill (1967) 66 Cal. Dr. Maloney, testifying for the defense at the penalty trial, said he had discussed his report with Dr. Coburn, a psychiatrist, and that Dr. Coburn agreed with its conclusions. Please check your email and click on the link to activate your account. Shirley Ledford's body was discovered shortly after she was killed. (Pp. 27, Defendant raises 40 guilt phase issues. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. Christina Dralle, a 17-year-old girl staying at the motel, said defendant showed her photographs of Gilliam and four other girls, and said, "The girls I get won't talk any more." Failed to report flower. The "search" (listening) of the Ledford tape. Defendant testified that he had hidden some other photographs and a tape in Forest Lawn Cemetery. "Ramey" arrest warrant and affidavit forms resulted from our decision in People v. Ramey (1976) 16 Cal. App. 485, 423 P.2d 557]; People v. Sesslin (1968) 68 Cal. 306.) In 1987, Paul Bynum, who had been the chief investigator of the Bittaker-Norris murders, committed suicide at age 39. It's his home. 785].). North v. Superior Court (1972) 8 Cal. Question three 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 you found the special circumstances alleged to be true, that you would automatically find the penalty to be life imprisonment without the possibility of parole?" [14b] Here certain prospective jurors gave insufficient or ambiguous answers [48 Cal. He told Norris he had taken more pictures. Ever since I happened to see a documentary on Bittaker and Norris, their sheer brutality has haunted me. 19 [48 Cal. 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. 5. Under this language, it is clear that if a jury actually found a 50.1 to 49.9 percent balance in favor of aggravation, it could properly refuse to impose a [48 Cal. 3d 36, 67.) 892], the record here suggests grounds upon which the prosecutor might reasonably have challenged the five Black jurors he excused. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. Rptr. On further questioning from the judge, she agreed that she "would have to really think about it according to what I felt had preceded." (People v. Ghent, supra, 43 Cal. In his room police discovered seven bottles of various acids, which Norris said defendant planned to test on his next victim. Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. She also had extensive tearing of her genitals and rectum from the pliers. The bodies of Lucinda Schaefer and Andrea Hall were never found. 3d 21, 55 [188 Cal. [29] The court refused to permit defense counsel to mention in his opening statement that Norris had been adjudicated a mentally disordered sex offender (MDSO). Rather, seizure of any object in plain view which is itself evidence of a crime is legal (ibid.) He said defendant showed him nude photographs of the victims, told him one was named "Cindy," and that she had been killed. 803, 673 P.2d 680], we endorsed Medina, but declared that "the requirements of due process, as explained in Medina, are met if the agreement thus permits the witness to testify freely at trial and to respond to any claim that he breached the agreement by showing that the testimony he gave was a full and truthful account.". Because the special circumstance finding was reversed on other grounds, we did not reach the question of prejudice. [27] He maintains, however, that the objection was also based upon violation of his Fifth and Sixth Amendment rights, because Sergeant Budds asked him for the manuscript without giving Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [16 L. Ed. 61].) Rptr. They continued their discussion of rape, and explored various fire roads in the Southern California mountains, looking for places with adequate privacy. [22] We have previously discussed the voir dire of Juror Porrazzo, and noted that her answer to a question asking whether she would automatically vote in favor of death was equivocal. Defendant objects to testimony concerning his attempt to abduct Jan Malin because he was not charged in this proceeding with any crime against Malin. David Lambert shared a jail cell with defendant. Or life imprisonment without possibility of parole? Rptr. Arresting officers' compliance with section 844. The trial court acted properly in denying this challenge for cause. 2d 497, and North v. Superior Court, supra, 8 Cal. 2d 720, 729-731 [16 Cal. (e) The method of weighing factors and determining penalty. Defense counsel interpreted that answer as an automatic vote for death; the court interpreted it differently. Rptr. This account already exists, but the email address still needs to be confirmed. 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. 2d 503, 538-539.) Then they bound her hands behind her back. FN 35. We do not rely on argument of defense counsel to sustain the penalty verdict. 3d 258, 280.) 77.) In the trial court defendant objected to the admission of evidence seized in these searches on the ground that the warrant was based on an affidavit containing reference to the contents of the Ledford tape, which was allegedly illegally seized. FN 19. Defendant turned on his tape recorder. (P. [48 Cal. After describing defendant's life in prison, the prosecutor continued: "Make no mistake about it, ladies and gentlemen, a sentence of life imprisonment without possibility of parole for Lawrence Bittaker in this case would be a total complete victory for him. Norris had pleaded guilty and agreed to testify against Bittaker in order to avoid the death penalty. ), As in People v. Dominick (1986) 182 Cal. 28 The prosecution objected to taking the original tape from the court, and the court refused to permit any copying. [28] Defendant claims that because the 1974 offense had almost no marks of similarity with the charged crimes, evidence showing the nature of that offense was inadmissible under Evidence Code section 1101. 546.) The Attorney General points out that the defense was permitted to ask a broad variety of questions on general voir dire. To categorize any erroneous restriction as the denial of the right to jury trial implies reversal for the most trivial of errors, and invites the creation of more and more exceptions to the rule. Juror Martin, asked whether she would automatically vote in favor of death, responded, "That's hard to say." [48 Cal. Finally, the jury found at least 14 valid special circumstances -- far more than is found in most death penalty cases. Defendant was sentenced to death. She turned onto a residential street. Evidence of the Malin incident was excluded at the preliminary examination but defense counsel did not move to dismiss or strike the accompanying overt-act allegation. (See People v. Wheeler, supra, 22 Cal. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. Thus, the search of the van and the seizure of items therein were properly held to be lawful by the trial court. And nobody has found her. Your account has been locked for 30 minutes due to too many failed sign in attempts. 849] and People v. Rousseau (1982) 129 Cal. [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. Norris was required to testify truthfully. FN 24. But this reasoning is inconsistent with section 1076, which provides that if a juror has an opinion based upon public journals, he is qualified only if he affirmatively declares that he can and will act impartially. The present case antedates the enactment of article I, section 28, of the California Constitution, which bars exclusion of relevant evidence in criminal proceedings. Rptr. In closing argument the prosecutor remarked, "And you didn't see Dr. Coburn testify here. FN 6. If you have questions, please contact [emailprotected]. Listen Later. 399].) fn. My only regret in this case, ladies and gentlemen, is that I can't ask you for more than the death penalty. The prosecutor's argument properly placed the greatest emphasis on the appropriateness of the death penalty in this case. Norris got out and stood guard while defendant raped Hall. (See People v. Harrison (1910) 13 Cal. They eventually seized a number of items, including two pieces of jewelry (crosses with chains), a douche package, a "sap," a book on locating police broadcasting frequencies, a container of Vaseline, and several cassette tapes, including the tape recording the torture of Ledford. Sorry! More recent cases which speak of defendant's obligation to advise the court of his dissatisfaction with the jury assume that the court, so advised, could fashion an appropriate remedy (see, e.g., People v. Crowe, supra, 8 Cal. 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. at p. 3d 431 [247 Cal. Mike Horn, another [48 Cal. 3d 441 [99 Cal. For more on this case, watch "The Toolbox Killer," a special streaming on Peacock on Thursday, September 23 and airing on Oxygen on Sunday, October 3 at 7/6c. 2d 497 [75 Cal. FN 9. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. The court's ruling was apparently based on those grounds. All statutory references are to the Penal Code unless otherwise stated. Defendant dropped his cigarette, which burnt a hole in his shirt and scarred his chest. Defendant took Hall into some bushes by the road while Norris drove the van, searching unsuccessfully for the intruder. He also called Dr. Tronkman, a psychiatrist, who testified that defendant may have committed the 1974 assault while in an altered state of consciousness. 1. Whether the identification/notice of authority requirement was fulfilled is less clear. 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?" The prosecutor relied on this and other evidence to argue defendant's psychological proclivities. Rptr. Rptr. 2d 503, 536-540, condemn such argument. This account has been disabled. 3d 136 [207 Cal. [43] Defendant argues that since Dr. Coburn examined him at counsel's request, Dr. Coburn's opinions were protected by the attorney-client privilege. It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. Found more than one record for entered Email, You need to confirm this account before you can sign in. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. App. Please try again later. Upon returning two hours later defendant showed Norris eight photographs he had taken. Defendant testified that none of the victims was restrained involuntarily in his presence. Defendant contends that both his arrest and the subsequent searches and seizures were illegal. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. ", Finally, after reviewing the evidence in the case and discussing the statutory factors, the prosecutor concluded: "What has this monster earned? The prosecutor referred to this event in his penalty phase argument. I had a head rush (like when you stand up too fast and your vision goes dark). 340, 426 P.2d 908]; see People v. Valerio (1970) 13 Cal. He argues that the testimony was improper under Evidence Code section 730 because defendant did not put his mental state in issue. [S]ome cases are so brutal, so vicious, so horrendous, so inhumane that in order for us to exist as a society, we have to totally repudiate the conduct involved and we have to say, 'we will not accept it, we will not allow it, and the one mainly responsible for it has to suffer the supreme penalty.' 2d 381 [74 Cal. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. Here it is the defendant who has a privilege not to call the witness. 10 nor statutory directives concerning warrants require that criminal proceedings must be instituted before an arrest warrant may be issued. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. She agreed. Defendant brought Lamp back to the van, and they drove into town for food and supplies. [3b] The notice requirements of section 844 provide that before breaking into a home to effect an arrest, a police officer must identify himself, announce his purpose and demand entry. Are you sure that you want to delete this memorial? [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." (See People v. Haskett (1982) 30 Cal. See other search results for Shirley Lynette Ledford Ready to discover your family story? You have chosen this person to be their own family member. (See People v. Redmond (1981) 29 Cal. 3d 1076] signed that portion of the opinion. Kuriki, however, also stated that she believed she had the ability to follow the court's instructions and base her decision solely on the evidence as it comes from the witness stand. Defendant also told Lambert of his abduction of two girls on one occasion, and of another girl on Halloween night (when Ledford was murdered). People fled the court room, including the court room artist, according to "The Toolbox Killer.". The district attorney objected. 3d 1 [139 Cal. We find, however, insufficient basis for reversal of the verdict. He is currently incarcerated at Richard J. Donovan Correctional Facility. [1b] Defendant contends that an arrest warrant can issue only upon a complaint, fn. Our decisions in People v. Love, (1961) 56 Cal. Under these circumstances, it is most unlikely that the jury would have been led by the prosecutor's explanation of the decisionmaking process to refrain from considering whether defendant's conduct warranted the death penalty, and induced instead to engage in a dispassionate analysis of the statutory factors to confirm that the aggravating predominate by at least 50.1 to 49.9 percent.
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