Defendant held Schaefer while Norris tried to strangle her, but when he changed his grip Schaefer and defendant fell over backwards. Thus the court should either have limited its instruction to convictions bearing on veracity or, when admitting the evidence, admonished the jury that it could not be used to impeach the credibility of the witness. FN 6. Juror Porrazzo, asked whether she would automatically vote in favor of life imprisonment, replied, "Well, the death penalty, I believe in. North therefore declined to view Coolidge as controlling. We do not so interpret the judge's ruling. [46] The prosecutor properly argued that the death penalty was appropriate for each of the murders. Whether the identification/notice of authority requirement was fulfilled is less clear. In that case the witness had a privilege not to testify. They then threw the body into the bushes. 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. 3d 904, 910 [176 Cal. (P. Defendant also claims other portions of the prosecutor's argument were misconduct: 1. But every one of those jurors was removed by prosecution or defense challenge. The district attorney objected. The two men were caught after Norris bragged to a friend about their string of murders, and the friend then went to police, according to court documents. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. (See People v. Velasquez (1980) 26 Cal. The coat hanger was still wrapped around her neck. Defendant testified that none of the victims was restrained involuntarily in his presence. You can explore additional available newsletters here. The evidence in mitigation, by contrast, was particularly weak; it established only that defendant was reasonably civil to persons who were not his victims, and that he had an antisocial personality disorder. (b) Tapes, photographs, and other physical evidence. Required fields are marked *. 467, 755 P.2d 917]; People v. Boyde (1988) 46 Cal. [36] The court instructed the jury that Norris was an accomplice as a matter of law, and his testimony required corroboration. 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. The parties carried out their bargain, and Norris is presently serving a life sentence. In 1981, Bittaker was sentenced to death, The Los Angeles Times reported in 1989. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Hello Kitty Murder Case The most disturbing Hello Kitty Murder Case came to light when medianet_width = "300"; 6. Defendant was sentenced to death. (See People v. Harrison (1910) 13 Cal. But when a defendant conceals evidence the prosecutor can argue the inference that the evidence was unfavorable to defendant. 3d 739, 768; People v. Linden, supra, 52 Cal. Juror Thompson had studied psychology and, on voir dire, said, "I really feel that I would try to be an amateur psychologist, psychiatrist, if I was in this case, in due fairness." 2d 360, 388 [14 Cal. 2d 620 [6 Cal. In People v. Brown, supra, 40 Cal. The email does not appear to be a valid email address. 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. (P. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. Code, 913; see People v. Wilkes (1955) 44 Cal. To establish a prima facie case, the defendant "must show a strong likelihood that such persons are being challenged because of their group association rather than because of any specific bias." Before they could offer her a ride, a man in another car picked up Hall. Rptr. Share this memorial using social media sites or email. Since that classification is a technical one, which would have to be explained to the jury, and when explained would add little to the case, we believe the trial court's ruling was within its discretion. Year should not be greater than current year. Under the agreement, if the district attorney finds that Norris did not testify truthfully, and Judge Hinz finds no abuse of discretion, the bargain is set aside, and the prosecution may seek the death penalty. Please reset your password. 325, 88 A.L.R.2d 785] [attorney-client privilege].) This account has been disabled. 786, 558 P.2d 872]). Defendant raped her, then Norris a second time. (See People v. Haskett (1982) 30 Cal. Please enter your email address and we will send you an email with a reset password code. 7. You have chosen this person to be their own family member. McLaughlin was present during this voir dire to assist defense counsel. 469] and cases there cited). 2d 1, 22.). Learn more about managing a memorial . Learning that she was a virgin, he set up a tape recorder to record her cries during the rape. (We express no opinion as to whether the evidence might also be admissible to prove identity under Evidence Code section 1101.). 2d 229, 241 [23 Cal. FN 1. We therefore turn to an analysis of the jurors in question, bearing in mind that in view of defendant's two additional challenges, it is necessary for him to show erroneous rulings affecting three jurors to prove prejudice. 82, 739 P.2d 1250] further declares that "where equivocal or conflicting responses are elicited , the trial court's determination to his true state of mind is binding on an appellate court.". FN 18. I felt like I was sweating but I wasnt. App. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. You are only allowed to leave one flower per day for any given memorial. (59 Cal.2d at p. "If you were to give a percentage to it, if you said 50.1 percent of the evidence pointed to aggravating circumstances and 49.9 pointed to mitigating circumstances, then you'd still have to impose a sentence of death. Aside from being their final victim, Ledford was also instrumental in ensuring Bittaker and Norris were put behind bars for good. Norris testified for the prosecution pursuant to a plea bargain under which he pled guilty to five murders and received a sentence of forty-five years to life. There is a problem with your email/password. Any juror sitting in a case such as this would properly expect the issues and evidence to have an emotional impact. Second, and perhaps more important, the judge did not conduct an adequate voir dire himself. Search above to list available cemeteries. 61].) She was also hit with a sledgehammer and her genitals and rectum were viciously torn with pliers, which is how Bittaker and Norris earned the nickname of the Tool Box Killers. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. Norris was unwilling to risk such a sentence, and finally agreed to the killing. Defendant "stated that in submission to authority only he would let him see it and for the limited purpose of correcting it and that it not be disclosed to anyone or used by anyone for any purpose." First, the judge cannot reserve voir dire for himself and exclude counsel. Rptr. Defendant calls our attention to People v. Carmichael (1926) 198 Cal. He [48 Cal. 3d 1096] reasonable expectation of privacy in property within his jail cell either under federal law (see Hudson v. Palmer (1984) 468 U.S. 517, 526 [82 L. Ed. Rather, we affirmed in each case because the majority concluded that the prosecutor's remarks did not have the effect of misleading the jury as to its responsibility to determine the appropriate penalty. fn. The time for obtaining copies of evidence and submitting them to expert examination is before trial, not during the prosecution's case. Larry Bittakers celebrating his 71st birthday this year 30 years after a jury Rptr. 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.". FN 29. [9] Defendant argues that assuming the seizure of the cassette tapes from his van was lawful, it was unlawful for the police to "search" (i.e., listen to) the Ledford tape without a warrant. But the defense had nevertheless opened up the issue of defendant's mental condition; the prosecution should have the right to present rebuttal evidence on that topic. Does anyone actually believe that life imprisonment without possibility of parole is punishment for Mr. Bittaker? Defendant testified on his own behalf, and said that he was not involved in the abduction and murder of Lucinda Schaefer, but that Norris told him that Norris and another man had committed those crimes. 546.). [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. 732, 579 P.2d 1048], we relied on Teale, supra, 70 Cal. Defendant brought Lamp back to the van, and they drove into town for food and supplies. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. 23, We turn, therefore, to the question of prejudice. A later decision, People v. Davenport (1985) 41 Cal. [33] Defendant invokes the rule that it is "improper to ask questions which clearly suggested the existence of facts which would have been harmful to defendant, in the absence of a good faith belief by the prosecutor that the questions would be answered in the affirmative, or with a belief on his part that the facts could be proved, and a purpose to prove them, if their existence should be denied." People v. Ghent (1987) 43 Cal. Are you sure that you want to delete this memorial? The prosecutor's comment, however, is clearly improper for another reason. We omit those that are not of arguable merit, or which have been resolved by opinions filed subsequent to briefing. 12. You can always change this later in your Account settings. Rptr. He agreed to pay her $500 a day. Defendant then returned to the van, and Norris stood watch outside. In defense of the trial court's ruling, the Attorney General relies on People v. Ketchel (1963) 59 Cal. (P. Since defendant did not claim that any of the 12 jurors who heard the case were subject to challenge for cause, or were not impartial, his right to an impartial jury was not abridged. fn. When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. 2d 503, 538-539.) The value of the evidence as impeachment depends upon proof that the prior charges were false. One said, "hitch-hikers welcome, females especially"; another said, "Norris did it." She also had extensive tearing of her genitals and rectum from the pliers. Explorer Hitta liknande podcasts. 21 As we stated in People v. Hughes (1961) 57 Cal. [48 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. Brown stated specifically that "to return a death judgment, the jury must be persuaded that the [aggravating factors are] so substantial in comparison with the [mitigating factors] that it warrants death instead of life without parole." 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. We note also that considerable time elapsed between the date of the motion and Douglas's actual testimony, during which defendant could have investigated Douglas. Mike Horn, another [48 Cal. He was eligible for parole in 2010, but he died in prison on February 24 of this year, age 72. This is a carousel with slides. Defendant suggested dumping the body in someone's front yard so they could see the reaction in the newspaper. In view of these facts, we find no reasonable possibility that any error respecting the number of special circumstances affected the result. 2d 410, 100 S. Ct. 2395] [warrant required to view films lawfully in possession of Federal Bureau of Investigation].) 2d 694, 86 S. Ct. 1602, 10 A.L.R.3d 974]) warnings and without defendant's counsel being present. Most of the killings involved the rape and torture of the victims. App. Defendant, on the other hand, seldom talked to Shoopman about sex. Please enter your email and password to sign in. At one point he asked her, what are you sniveling about?. FN 7. 785].). The prosecutor's description of the process by which the jury should decide the penalty verdict was inadequate because it left no place for a decision as to what penalty is appropriate. 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. 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. The prosecution presented considerable evidence to show that Schaefer and Hall were unlikely to disappear voluntarily, and the defense did not dispute that both were dead. The death penalty? Verify and try again. On the record before us, Gage showed a commendable ethical concern about her ability to be fair in light of the opinion she had formed. 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. They put Ledford's body in a bed of ivy in a suburban neighborhood, where it was discovered by an early morning jogger. Shirley Ledford's body was discovered shortly after she was killed. [4b] It is undisputed that Officer Valento technically complied with the knock requirement. Rptr. We think this is not a reasonable interpretation of the agreement. But the further implication that Norris had no history of violent rape probably could not have been cured without informing the jury that Norris had such a history. 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. 3d 500, 510 [119 Cal. In view of the jury's guilt phase verdict finding 38 special circumstances -- a verdict which necessarily rejected all the defense arguments -- and its subsequent verdict imposing the death penalty for each of the murders, it seems apparent that defense argument was not very persuasive. omitted] of the commission of the crime for which such arrest is made. Then, towards the middle the sounds are of Bittaker beating her about the chest with his fists and tormenting the screaming and pleading girl with vise grip pliers on her genitals, breasts and nipples. [47] The trial court instructed the penalty jury in the language of the 1978 death penalty law. Since the prosecutor already had five challenges remaining, we doubt that the effect was signficant. And I made that type of ruling, and I've made that clear to the attorneys. Failed to delete memorial. 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