In the present case, there was no substantial evidence that defendant was mentally incompetent. Slightly more than half of the people questioned (51.7 percent) said that [b]ased on what [they had] seen or heard they thought defendant was responsible for the Night Stalker murders, while about a third of those polled (34.7 percent) said they would need more information to make a judgment. At the conclusion of the guilt phase of the trial, the court instructed the jury, without objection by defendant, as follows: You may have observed that the defendant has worn restraints while in the courtroom. at p. 742, 263 Cal.Rptr. (Note: What you are about to read might be disturbing and upsetting.). The court's observations of defendant raised no question in the court's mind about defendant's competence, and one of the attorneys who was about to be substituted in as counsel vouched for defendant's competence. 80.) However, reporters were convinced to withhold that information from the public. Defendant's failure to press the court for a ruling deprive[ed] the trial court of the opportunity to correct potential error. (People v. Morris (1991) 53 Cal.3d 152, 195, 279 Cal.Rptr. The juror's death had no connection to the present case and it is not apparent from the record that anything in the media accounts of the juror's murder would have affected the jury's deliberations. In court, during his arraignment in municipal court, defendant said, Hail Satan, and displayed a pentagram and the number 666 on his palm. I also have seen him not quite as attentive as a result of his dozing off. The trial court did not err in admitting the challenged photographs of the victims. The survey revealed that 94.3 percent of those who responded had heard of the case and 52.7 percent were able to recall something about defendant, such as that he was a Satanist or that he looked evil or mean. 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. Defendant argues there was an improper spillover effect during the guilt phase because of the joinder of weak and strong counts and that this effect continued during the penalty phase. Gallegos stated he was concerned by a news report he heard on the radio indicating my client wanted to plead guilty to 14 counts of murder providing the district attorney's office would drop the counts involving minor children. The court noted that it previously had ordered a psychiatric evaluation of defendant at the request of the public defender, who then represented defendant. 885, 564 P.2d 1203, defendant argues that the trial court erred in failing to determine that the inference of consciousness of guilt was supported by sufficient evidence. Hypocrites one and all. M Oregon, WI 53575. Defendant's father, Julian Tapia, testified that defendant was with him in El Paso, Texas, from May 22 or 23, 1985, until May 31, 1985, which included the period during which Mabel Bell was attacked, her sister, Florence L., was murdered and Carol K. was attacked. Starich and his wife entered the house but soon left to call the police when they saw that things in the house had been thrown on the floor. Mr. ), 13. 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. Defendant's photograph appeared in the newspaper the next morning. Arturo Hernandez represented that defendant had entered into a written contract retaining him and Daniel Hernandez as his attorneys. [Gallegos]: Yes, I would like to see his profile without glasses and also from behind. He used a wide variety of weapons and would leave behind satanic symbols. Further, the jury commissioner adopted a suggestion by defendant that significantly increased the representation of Hispanics on this new master list. Each juror must assign the factors present in this case whatever weight the juror finds to be appropriate. It also would be useful just in general to indicate the manner or method of death The court later added that although they are not pleasant to look at, they are relevant and as non-inflammatory as possible. The court, sua sponte, then gave the jury a cautionary instruction: Ladies and gentlemen, we're going to have some photographs given to you for your examination of the scene at the Zazzara household. Defendant contends that the trial court erred in denying his request for four of the refused instructions and two that he withdrew, in violation of his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. Books and papers were strewn around the room. Thank you. Defendant introduced photographs of the residences of Joyce Nelson and Christopher and Virginia Petersen. 1. 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. The Court: Mr. Ramirez, are you satisfied with the disclosures that have been made to you? It later was determined that a .22-caliber bullet recovered from Yu's body had been fired from the same gun as the bullet that killed Dale Okazaki. Defendant got out of his car and pulled Yu out of her car as she fought. 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. A partial shoe print found on an unplugged clock was consistent with an Avia athletic shoe. 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. You know I'm a killer, so shoot me, I deserve to die. 735-736, 139 P.3d at pp. Menu. ), A trial court's denial of a motion for severance may be reversed only if the court has abused its discretion. 1, 38 Cal.Rptr.2d 394, 889 P.2d 588. There is no provision for a secret disclosure of counsel's feelings. Defendant again chose to wear the leg chains. 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. In counties with more than one court location, the rules shall reasonably minimize the distance traveled by jurors. In any event, it is not required that all of the evidence be cross-admissible: Cross-admissibility of evidence is sufficient but not necessary to deny severance. The Court: To the court inquiry as to the extent of your contract, does it cover through the preliminary hearing? WebVincent and Maxine Zazzara Richard invaded the Zazzara home. Therefore, the trial court did not err when it instructed the jury that it could consider guilt phase evidence in its penalty deliberations. (People v. Champion (1995) 9 Cal.4th 879, 946-947, 39 Cal.Rptr.2d 547, 891 P.2d 93; People v. Harris (2005) 37 Cal.4th 310, 359, 33 Cal.Rptr.3d 509, 118 P.3d 545.). [] Mr. Arturo Hernandez: Yes. Accordingly, the court's instruction to consider defendant's age, without further elaboration, was sufficient in this case. In People v. Melton, supra, 44 Cal.3d 713, 768, 244 Cal.Rptr. Now, Netflixs docuseries Night Stalker: Searching for a Serial Killer delves into how investigators finally apprehended the killer, after he managed to evade law enforcement for a year. I understand. We have our standard retainer agreement that we have used in many, many different felony cases, including murder cases. ), The defendant in People v. Ortiz, supra, 51 Cal.3d 975, 275 Cal.Rptr. [Citation. It later was determined that two .22-caliber bullets removed from Maxine Zazzara's head and neck had been fired from the same gun later used to kill Chainarong K. Police discovered that the screen had been removed from a patio window at the Zazzara residence, which had been pried open. Serial Killer Database Wiki. Duenas grabbed a telephone to call the police and returned to the balcony. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. The high court denied relief, distinguishing Holloway on the basis that counsel had not protested his inability simultaneously to represent multiple defendants. (Mickens, at p. 173, 122 S.Ct. In any event, we repeatedly have held that instructions in the language of CALJIC No. She screamed and her neighbor, Jose Burjoin, responded and ordered defendant to leave. Rather than explain why the proposed instruction was proper and request a ruling, trial counsel simply withdrew the proposed instruction. Weeks estimated that 24.3 percent of the population in the Central Judicial District were Hispanics who qualified for jury service. The Court: All right. Deputy Public Defender Hall stated that the psychiatrist had met with defendant for approximately 10 or 15 minutes, at which point Mr. Ramirez refused to speak with him anymore. Based upon this short interview, and his observations of defendant before and after the interview, the psychiatrist concluded, according to Hall, that defendant was borderline in terms of his competence, but he couldn't say for sure. Hall added that the psychiatrist stated that, if forced to reach a conclusion, he would have to say [defendant] was competent but borderline so., Following a recess, the in camera hearing resumed, as noted above, with the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez present. We described the right of a criminal defendant to counsel and to present a defense as among the most sacred and sensitive of our constitutional rights and cautioned that the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best. (Id. We did not hold that Daniel Hernandez and Arturo Hernandez provided ineffective representation. Defendant further asked the court to instruct the jury that the list of aggravating factors is exclusive: I have previously read to you the list of aggravating circumstances which the law permits you to consider if you find that any of them is established by the evidence. By the time jury selection in the present case commenced on July 21, 1988, the jury commissioner had begun utilizing an improved method for identifying and eliminating duplicate names from the lists drawn from the registrar of voters and the DMV. [A] court may admit even gruesome photographs if the evidence is highly relevant to the issues raised by the facts, or if the photographs would clarify the testimony of a medical examiner. (People v. Coleman (1988) 46 Cal.3d 749, 776, 251 Cal.Rptr. I, 16.) The attorneys must have been attorneys of record in at least three cases where the initial charge was a violation for Penal Code section 187 and at least one of those cases must have been submitted to a jury for decision. Trending. The defendant in Rideau was filmed in his jail cell, the morning after his arrest, flanked by two state troopers. 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. Browse our public records directory to see Peter Zazzara's contact info, age, cell phone number, email address, social media profiles . (2d ed.1989) p. Sandra Hotchkiss testified for the defense and acknowledged that she was incarcerated at the California Institution for Women serving a term for burglary. It is beyond question, therefore, that there is evidence in the record which, if believed by the jury, supports the inference that defendant's refusal indicates a consciousness of guilt. I do wish to impress upon you the importance of Mr. Ramirez being in the contract, and that has to have prime consideration. On August 2, 1988, during a discussion of courtroom security measures, the court noted in general terms that it had ordered increased courtroom security, including the use of a metal detector, because it had received information with regards to threats about individuals involved in this case.. Defense counsel in the present case had entered into a contract with both defendant and his family to represent defendant, which defendant now claims created a possible financial conflict of interest. Rose Hills Memorial Park. [] This is also a concern of several of the other jurors and we were wondering if anything could be done to correct this situation., In response, the court admonished the jury that it was important to be attentive, adding: But if any of you feel that you have missed any of the evidence in a significant way it is incumbent upon you, under the oath that you took as a juror, to bring that to the court's attention. On appeal, defendant argues that the charges could have been easily severed, for example, into four separate groups involving the following groups of victims: (1) Petersen, Whitney B., Sophie D., and Carol K.; (2) Elyas A., Okazaki, Yu, and Kneiding; (3) Zazzara, Chainarong K., Bell, Cannon, and Nelson; and (4) Vincow. Defendant objected to three coroner's photographs of Lela Kneiding. Defendant contends that this violated his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. On the carpet and on a tissue, police found shoe prints from an Avia athletic shoe. [Citations. But the felony-murder rule and the burglary-murder special circumstance do not apply to a burglary committed for the sole purpose of assaulting or killing the homicide victim. (People v. Waidla (2000) 22 Cal.4th 690, 713, 94 Cal.Rptr.2d 396, 996 P.2d 46.). at p. 989, 39 Cal.Rptr.2d 607, 891 P.2d 153. She refused and he pulled her out and entered her car. Weeks testified that using the registrar of voters list as the primary list results in an underrepresentation of Hispanics, because the percentage of Hispanics who are eligible to vote and who actually register to vote is lower than for other groups in the population. Dr. She never saw defendant with a gun and never saw him act violently, even when provoked. Weeks further stated that the Hispanic population had increased proportionately since 1980 and estimated that by 1987, the percentage of the population of the Central Judicial District that were Hispanics who qualified for jury service was actually 26.3 percent. The bullet hit Hernandez in her hand and apparently was deflected by the keys she was holding. (Griffin, supra, 33 Cal.4th at p. 558, 15 Cal.Rptr.3d 743, 93 P.3d 344.) 191, 800 P.2d 547.) Whether a further inquiry was appropriate is a matter within the sound discretion of the trial court, which was in the best position to observe the jury. Ramirez is now known to have had extremely bad teeth, and in the stolen car, they found a business card for a dentists office. To the contrary, we noted that, on remand, the superior court might appoint them as counsel. The jury reasonably could have concluded that defendant intended to steal, but was interrupted when Hernandez unexpectedly opened the garage door and fled. Accordingly, it is clear that a criminal defendant need not demonstrate prejudice resulting from a violation of that right in order to have his conviction reversed. (Ibid. The jury can, and must, be shielded from depictions that sensationalize an alleged crime, or are unnecessarily gruesome, but the jury cannot be shielded from an accurate depiction of the charged crimes that does not unnecessarily play upon the emotions of the jurors. Defendant shoved her aside and entered the condominium. [Defense Counsel]: You know that Mr. Hernandez [codefense counsel] has been in El Paso talking to friends and relatives about testifying on your behalf? A .22-caliber bullet recovered from Ms. Kneiding's brain had been fired from the same gun that fired the bullets that killed Dale Okazaki and Tsai-Lian Yu. Her eyes were never found. 81, 7, p. The Governor may ameliorate any sentence by use of the commutation or pardon power (People v. Arias, supra, 13 Cal.4th 92, 172, 51 Cal.Rptr.2d 770, 913 P.2d 980; People v. Ward (2005) 36 Cal.4th 186, 220, 30 Cal.Rptr.3d 464, 114 P.3d 717.) It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. [Citation. 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. Her body was on the bed with her feet at the head of the bed. Section 654 bars multiple punishment for a single act or omission. Although it literally applies only where such punishment arises out of multiple statutory violations produced by the same act or omission, we have extended its protection to cases in which there are several offenses committed during a course of conduct deemed to be indivisible in time. [Citation. The jury found true allegations of multiple-murder, burglary, rape, forcible sodomy, and, forcible-oral-copulation special circumstances. Although the murder of a fellow juror is shocking, defendant's attempt to equate that event with the death of a family member, especially a parent, is unavailing. 6, 263 Cal.Rptr. On June 7, 1988, during a readiness conference, Raymond Arce testified that a new master list had been compiled to be used in the upcoming 1988-1989 fiscal year and that duplicate names on the registrar of voters list and the DMV list were determined by comparing both the name and the date of birth, which resulted in a master list that was ten percentage points higher in the Hispanic representation. The percentage of Hispanics on the new master list was 28.4 percent. Defendant argues that the cumulative effect of errors during the guilt phase of the trial requires reversal of the judgment. Maxine L. Zazzara, Downey, Cal., argued, for defendant-appellant. We have now seen Channel 11, and this is Channel 4, and they are the same. At the time of trial, former Code of Civil Procedure section 197 provided: It is the policy of the State of California that all persons selected for jury service shall be selected at random from a fair cross section of the population of the area served by the court (Stats.1980, ch. About half (47.7 percent) indicated that the Night Stalker murders had posed no particular threat to them, while nearly an equal number (46 percent) said their concern for their safety had increased when the murders were occurring. ] (People v. Cornwell, supra, 37 Cal.4th 50, 105-106, 33 Cal.Rptr.3d 1, 117 P.3d 622. ), Defendant argues that granting prosecutors virtually unfettered discretion to decide whether to seek the death penalty violates the Fifth, Eighth, and Fourteenth Amendments to the federal Constitution. On direct appeal, defendant is restricted to claims bear[ing] on the validity of the death sentence itself. [Citation.] The trial court correctly recognized that the defendant has the right to retained counsel of his choice. (Ante, at p. 696, 139 P.3d at p. 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.. Defendant also contends the trial court erred in denying his motion for mistrial. He found his mother, Jennie Vincow, dead in her bedroom. ), Section 1368 states: (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., In People v. Hayes (1999) 21 Cal.4th 1211, 91 Cal.Rptr.2d 211, 989 P.2d 645, defense counsel asserted that his client was incompetent and moved for a hearing pursuant to section 1368. [Citations.] The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft, supra, 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.). Mr. Ramirez, would you rise, please, take your glasses off and face my clerk. At the time, former Code of Civil Procedure section 203 stated that in the County of Los Angeles no juror shall be required to serve at a distance greater than 20 miles from his or her residence. Consequently, the jurors were summoned from the area within a 20-mile radius of the courthouse. 618, 545 P.2d 1322.). 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. L[.] She had been shot twice in the chest at close range and was pronounced dead at the hospital. She was one of the few who actually had a good look at the Night Stalker. 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. The Defendant: I understand. Five persons linked to this address. ] (People v. Maury, supra, 30 Cal.4th 342, 395, 133 Cal.Rptr.2d 561, 68 P.3d 1. ] (People v. Panah, supra, 35 Cal.4th 395, 447, 25 Cal.Rptr.3d 672, 107 P.3d 790. One juror added: I just know he is the one arrested for murders he was to have committed. Later, in an interview from jail, he posed the question of whether serial killers are born or bred. The high court ruled that the trial court did not err in denying the defendant's request to substitute counsel, stating, where a court justifiably finds an actual conflict of interest, there can be no doubt that it may decline a proffer of waiver, and insist that defendants be separately represented. (Id. A screen had been removed from an open bathroom window and was lying on the ground. Whether defendant satisfied the second prong by showing that Hispanics were underrepresented in the jury venire depends in part upon how the community that serves as a basis for comparison is defined. ] (People v. Stanley (1995) 10 Cal.4th 764, 793, 42 Cal.Rptr.2d 543, 897 P.2d 481.). On May 31, 1988, the trial court denied defendant's motion to quash the jury venire. Defendant challenged Prospective Juror Robert D. for cause, because he indicated he would vote for the death penalty unless he were convinced otherwise. Substantial evidence is evidence that raises a reasonable doubt about the defendant's competence to stand trial. [Citation.] She turned to see defendant holding a gun pointed at her face. 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.]
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