The Court: Mr. Ramirez, are you satisfied with the disclosures that have been made to you? Receiving no reply, she sent her son to a neighbor's house by promising the child that the neighbor would give him popsicles and candy bars. (189. WebPlease click on a location below to view an address and phone number. 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. Although the trial court overruled defendant's objection and ruled there was no significant disparity in the percentage of Hispanics, the office of the jury commissioner adopted defendant's request to improve the method by which duplicate names were eliminated, which resulted in a significant increase in the percentage of Hispanics on the new master jury list that was used to select defendant's jury. Because defendant was tried prior to the effective date of Proposition 115, which was adopted in June 1990 and contains provisions regarding the joinder and severance of criminal charges (see Cal. She was previously married to Vincent Zazzara. Defendant entered the vehicle, saying he had a gun, but Pinon attempted to pull defendant from the vehicle. Maxine Zazzara was born on 15 May 1940 in Arkansas, USA. How many more people are going to die?. ), Defendant did not request an instruction admonishing the jury not to double-count the special circumstances, and we repeatedly have held that the trial court has no duty to so instruct the jury sua sponte. The other requested instruction on mitigating factors stated: With regard to factors in mitigation, offered by the defendant as reasons to impose a sentence [of life imprisonment without parole] [less than death], each juror must make his or her own individual assessment of the weight to be given to such evidence. She had injuries on her body caused by burns. On September 3, 1985, a felony complaint was filed against defendant and the public defender was appointed as counsel. When he and Daniel Hernandez were seeking to be substituted as counsel for defendant, Arturo Hernandez stated they had entered into a written contract with defendant, adding: Also, the other parties that have retained us, his family, who are also liable, have acquired some financial responsibility to us due to that contract. The court had the exchange with defendant, which is quoted above, in which defendant stated he had read and understood the contract. ] (People v. Crittenden, supra, 9 Cal.4th 83, 133-134, 36 Cal.Rptr.2d 474, 885 P.2d 887.) [Citations.] ), 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. Defendant said, I don't know why I'm letting you live I've killed people before. He threatened to have a friend come back and kill her if she went to the police. When Ramirez killed the accountant Peter Pan in his San Francisco home in 1985, evidence of the crime made it all the way up to then-Mayor Dianne Feinstein, which would be a tipping point in the investigation. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Okazaki had been shot to death in the head from close range. 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. Arce stated that in compiling the new master list for the next fiscal year, he intended to compare the entries on the registrar of voters list and the DMV list using addresses as well as names. I think to give this instruction would be error and I'm going to ask you to withdraw it. 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. A similar list is drawn from the records of the Department of Motor Vehicles (DMV). The Court: You may be waiving any conflict. The foreperson replied, I feel that we can probably continue today, adding that [e]veryone appears to have put it behind them. The court stated that it was reasonably satisfied that the jurors are able to proceed with their deliberations and that upon further admonishment I propose that that is exactly what we do. Defendant objected. They entered and found Vincent Zazzara lying dead on the couch in the den. As defendant recognizes, we repeatedly have rejected this claim. Those are matters that must not affect your verdict.. In addition, it has been brought before the court's attention that both Arturo Hernandez and Daniel Hernandez have been held in contempt by the courts in Santa Clara County on at least two occasions; that on a third occasion a contempt citation was not sustained against Daniel Hernandez-. Daniel Hernandez interrupted the court to object on the ground that this material had been discussed during an in camera hearing, noting that he and Arturo Hernandez had been assured that any information given to the court would be kept closed. The court continued, stating: They are a matter of public record, sir And that there is presently pending in that court another contempt hearing for Daniel Hernandez' failure to appear at a preliminary hearing where the defendant is charged with a violation of section 187 of the Penal Code. (People v. Carter (2005) 36 Cal.4th 1114, 1166, 32 Cal.Rptr.3d 759, 117 P.3d 476. at pp. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. (188.) Defendant struck Sakina A. in the head and handcuffed her hands behind her back. Defendant may not raise this issue for the first time on appeal. You shall consider, take into account and be guided by the following factors, if applicable:(a)The circumstances of the crimes of which the defendant was convicted in the present proceeding and the existence of any special circumstances found to be true.(b)The presence or absence of criminal activity by the defendant, other than the crimes for which the defendant has been tried in the present proceedings, which involved the use or attempted use of force or violence or the express or implied threat to use force or violence or the express or implied threat to use force or violence.(c)The presence or absence of any prior felony conviction, other than the crimes for which the defendant has been tried in the present proceedings.(d)Whether or not the offense was committed while the defendant was under the influence of extreme mental or emotional disturbance.(e)Whether or not the victim was a participant in the defendant's homicidal conduct or consented to the homicidal act.(f)Whether or not the offense was committed under circumstances which the defendant reasonably believed to be a moral justification or extenuation for his conduct.(g)Whether or not the defendant acted under extreme duress or under the substantial domination of another person.(h)Whether or not at the time of the offenses the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect or the effects of intoxication.(i)The age of the defendant at the time of the crime.(j)Whether or not the defendant was an accomplice to the offense and his participation in the commission of the offense was relatively minor.(k)Any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime and any sympathetic or other aspect of the defendant's character or record as a basis for a sentence less than death, whether or not related to the offense for which he is on trial.. Neither defendant nor the victims were known to the public prior to the crimes and defendant's arrest, so the last two factors-the community status of the defendant and the prominence of the victim do not support a change of venue. No juror is ever required to vote to impose the penalty of death if the juror is not convinced that death is the appropriate penalty under the circumstances shown by the evidence. The court denied this instruction as duplicative and argumentative. (Compare Sheppard v. Maxwell (1966) 384 U.S. 333, 86 S.Ct. Her throat had been slashed almost from ear to ear. It appeared she may have been sexually assaulted. Const., art. WebMadison, Wisconsin white page directory listings include full name, phone number and address. 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. at p. 293, fn. 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. at p. 982, 275 Cal.Rptr. WebMurdered , Serial Killer Victim , Shot , Stabbed , Bludgeoned. Defendant argues that his jury was not drawn from a fair cross-section of the population in violation of former Code of Civil Procedure sections 197 and 203, article I, section 16 of the California Constitution, and the Sixth Amendment to the federal Constitution. Because the jury was instructed to determine only whether defendant entered the residence with the specific intent to commit larceny, we do not consider whether the evidence that Okazaki was found with her blouse pulled up would have supported a finding that defendant entered the residence with intent to commit a sexual offense. omitted.). ] (Burgener, supra, 29 Cal.4th at p. 856, 129 Cal.Rptr.2d 747, 62 P.3d 1.) As the garage door was closing, she unlocked the door to her condominium and heard a noise behind her. Also Read: 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video). The victim later identified defendant in a lineup and at trial and identified several pieces of jewelry that police had recovered from Felipe Solano, who had purchased the items from defendant. Defendant also requested two special instructions regarding mitigating factors. 1417.). I also have seen him not quite as attentive as a result of his dozing off. WebWe met with several agents as we considered putting our house on the market, and Rachel was the clear, stand-out winner. See below for 10 of the most shocking facts presented in the docuseries, available on Netflix now. This film of the defendant's confession was shown three times on a local television station in the small Louisiana parish where the crimes were committed and was seen by a substantial segment of the population of the parish. We repeatedly have upheld such triple use of the same facts. We have no problems.. 191, 800 P.2d 547.) A .22-caliber bullet recovered from Chainarong K.'s head had been fired from the same gun that fired the bullets that killed Vincent and Maxine Zazzara. The Defendant: It exists, but I feel there will be no conflict. 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 (2000) 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.) The Night Stalker kept himself under control for almost a year, but on March 17, 1985, at approximately 11:30 P.M., he struck again. We have repeatedly stressed that a defense counsel's failure to present mitigating evidence at the penalty phase does not make the proceeding unreliable in constitutional terms so long as (1) the prosecution has discharged its burden of proof at both phases of trial consistently with the rules of evidence and a constitutionally sound death penalty scheme; (2) the death verdict was rendered in accordance with proper instructions and procedures; and (3) the penalty jury considered the relevant mitigating evidence, if any, that the defendant has chosen to introduce. 2633, 86 L.Ed.2d 231, which held that it is constitutionally impermissible to rest a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death rests elsewhere. He also cites Woodson v. North Carolina (1976) 428 U.S. 280, 96 S.Ct. Bell was lying on the floor next to the bed in another bedroom with a table on her chest. 188, 450 P.2d 580, such intent cannot support a finding of felony-murder. She had been shot in the forehead from no more than 18 inches away. Mr. Ramirez, would you rise, please, take your glasses off and face my clerk. In eight of these crimes, property later was recovered that had been stolen from the victim's residence. In addition, 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. (Stats.1980, ch. I am beyond your experience. However, that lead would cause some issues down the line. Virginia Petersen later identified defendant at a lineup and at trial. The court denied the prosecutor's request to stay the determinate sentence pending execution of the death sentence, but ordered that the determinate sentence be served after the death sentence was imposed. 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. He further contends that these instructions and argument rendered the penalty determination unreliable, in violation of the Eighth and Fourteenth Amendments to the federal Constitution. The jury resumed deliberations the following day, August 16, 1989, but defendant moved to suspend deliberations to allow the jury a period of mourning. But one political figure would make a damming mistake later on. Angelena Delatorre was sitting in her parked car across the street from Pinon's house when defendant demanded her car keys. Murder is the unlawful killing of a human being with malice aforethought. (187, subd. maxine zazzara house 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 argued in his opening brief that the trial court erred in denying his motion for sequestered voir dire of the jury. Defendant argues that these instructions, coupled with the prosecutor's argument that the jury should consider each of these murders in turn, the first degree murders, and each of the special circumstances in turn, and make a decision on each one, impermissibly invited the jury to double-count the special circumstances, in violation of our decision in People v. Melton (1988) 44 Cal.3d 713, 768-769, 244 Cal.Rptr. L[.] Delatorre's husband, Manuel, arrived and struck defendant on the head with a steel bar. Defendant's photograph appeared in the newspaper the next morning. We need not, and do not, decide whether defendant validly waived his right to conflict-free counsel because defendant has not shown, and expressly disclaims an intention to show on appeal, that he was denied his right to conflict-free counsel. Defendant introduced evidence that 14 percent of the persons who appeared for jury service identified themselves as Hispanic. Frank Moreno and Carmelo Robles responded and chased defendant down an alley. Maxine Zazzara When asked in the juror questionnaire what, if anything, they had learned about the case, they indicated, at most, only the most general familiarity with the case.5 They all stated that this information did not make them favor either the prosecution or the defense. 203.) When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. 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. 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. HUG, Circuit Judge: [Citation.] 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. Defendant argues on appeal that the trial court erred in denying his motion for severance in violation of his Fifth, Sixth, Eighth, and Fourteenth Amendment rights, asserting that this case could have been easily severed, for example, into four separate groups. The trial court did not err in denying defendant's severance motion.6, Section 954 permits related offenses to be charged in a single accusatory pleading unless there is good cause to try them separately: An accusatory pleading may charge two or more different offenses connected together in their commission or two or more different offenses of the same class of crimes or offenses, provided, that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of said groups tried separately., Defendant's motion in the trial court to sever the charges was confusing. The trial court gave one of the proposed instructions, refused five of them, and defendant withdrew the remaining four. ), The burden is on the party seeking severance to clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried. [Citation.] Arturo Hernandez represented that defendant had entered into a written contract retaining him and Daniel Hernandez as his attorneys. The photographer testified that shadows cast by the car's roof would have obscured the face of the driver in a parked car. 1237.). 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. Before dawn on the morning of August 8, 1985, Sakina A. was awakened by the sound of defendant shooting her husband, Elyas, in the head as he lay next to her, asleep. When Polo had not heard from Vincent Zazzara by the following morning, he and a fellow employee went back to the Zazzaras' house and found the door in the same position as the night before. One of the only trails investigators had was a shoe print he left in a flower bed in one of his earlier murders. All the channels had the same kind of mixture of hard news and fluff, and I don't see any point in sitting here watching, you know, all of the channels. A hammer lying on a table next to the bed had blood and hair on it. She had committed numerous burglaries with defendant and had seen him sell jewelry to Felipe Solano. She raised her hand to shield her face and said something like don't or stop. Defendant approached within a few feet and fired the gun. Rather than explain why the proposed instruction was proper and request a ruling, trial counsel simply withdrew the proposed instruction. In counties with more than one court location, the rules shall reasonably minimize the distance traveled by jurors. In the present case, there was no substantial evidence that defendant was mentally incompetent. (2)), three counts of forcible oral copulation (288a, former subd. A change of venue must be granted when the defendant shows a reasonable likelihood that in the absence of such relief, a fair trial cannot be had. Defendant requested a special instruction regarding sympathy: In the guilt phase of this case, you were instructed that you should not base your verdict on various irrelevant matters, including sympathy. A bucket had been placed underneath the window. ), Defendant argues that his motion for severance should have been granted because many of the incidents were dissimilar and, thus, not all of the evidence would be cross-admissible. Garden of Commemoration, Sec. To the contrary, defendant presented testimony from a convicted burglar that she had committed burglaries with defendant. The right to counsel of choice is one of the constitutional rights most basic to a fair trial. Defendant handcuffed her, took several items of jewelry and some money, and then raped and sodomized her. (SPOILER ALERT: Do not read on if you dont want to know what happens in Night Stalker: Searching for a Serial Killer.). The trial court overruled the objection, stating: I find that their probative value far exceeds any inflammatory nature, although again, they are not pleasant to look at, but this is a murder case, but they would be useful certainly for a doctor to use to give the cause of death, perhaps the manner of death. Nenette Evans: My Life With Bill But his murder of Maxine was especially ghastly as hed gouged out her eyes. The court instructed the jury on several occasions, including before the circumstances of the juror's death were made public, to avoid media accounts. [Defense Counsel]: You know that Mr. Hernandez [codefense counsel] has been in El Paso talking to friends and relatives about testifying on your behalf? 339, 651 P.2d 1145.) Defendant failed to object to the composition of the new master list, and thus forfeited any objection to the composition of the master list actually used to select the jury in the present case. Launie Dempster, who delivers newspapers, testified that she had seen defendant in a car parked near the Dois' home an hour and a half before the attack. 692, 809 P.2d 351. 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. The Court: Mr. Hernandez, you are making an issue of it. This would be contrary to the declaration of legislative intent in section 190.6, subdivision (a), that the sentence in all capital cases should be imposed expeditiously. Accordingly, the trial court did not err in ordering the sentence of death be imposed prior to imposition of the determinate sentence on defendant's noncapital crimes. As this court repeatedly has recognized, such claims are not cognizable on direct appeal, because an imperfection in the method of execution does not affect the validity of the judgment and is not a basis for reversal of the judgment on appeal. [Citations.] 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. The Court: Very well. (a).) 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. Photographs were taken of the location near the Doi residence where Launie Dempster, the newspaper deliverer, had seen defendant in a parked car shortly before the murder. I did it, you know. 85-88.) Read original story Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez At TheWrap, 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez, 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video), Murder Charges Dropped Against Curtis Flowers, Subject of True Crime Podcast 'In the Dark', Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez, Viewers veto judges' votes on dj vu-inducing top 12 'American Idol' episode, Ashley Judd reflects on mom Naomi's 'irreplaceable loss' a year after the country star's death, Michael J. On August 21, 1989, defendant filed a motion to voir dire the jurors regarding their reactions to the death of Juror Singletary. We have further determined that refusal to so instruct does not contravene any constitutional requirement. The trial court did not err in denying the motion for change of venue. The court instructed the jury that [t]he weighing of aggravating and mitigating circumstances does not mean a mere mechanical counting of factors on each side of an imaginary scale, or the arbitrary assignment of weights to any of them. 735-736, 139 P.3d at pp. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. The court instructed the jury, pursuant to CALJIC No. Defendant personally waived his right to testify in his own behalf and stated that he agreed with his counsel's decision not to present any additional evidence at the penalty phase. Defendant then fled. Our decision in Drumgo, accordingly, has no application here. The court informed the jury that Juror Singletary had apparently been killed by her boyfriend as a result of a personal matter between the two people and it had nothing to do with this case. maxine zazzara house In order to preserve this issue for review, the defendant must object to the panel or move to quash the jury venire on this ground. (People v. Lewis (2001) 25 Cal.4th 610, 634, 106 Cal.Rptr.2d 629, 22 P.3d 392.) ] (People v. Cornwell, supra, 37 Cal.4th 50, 105-106, 33 Cal.Rptr.3d 1, 117 P.3d 622. After some discussion about whether both photographs depicted the same wound, at the court's suggestion, the prosecutor withdrew one of the photographs and the court admitted into evidence the other photograph. ] [Id. To the extent defendant alleges violations of the International Covenant on Civil and Political Rights, which he alleges incorporates the Universal Declaration of Human Rights, his claim lacks merit, even assuming he has standing to invoke this covenant. In court, during his arraignment in municipal court, defendant said, Hail Satan, and displayed a pentagram and the number 666 on his palm. 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. He moved to discharge his attorney and obtain appointed counsel. Its headlights were on and the driver's side door was open. We affirmed the resulting judgment, ruling that a trial court is required to conduct a competency hearing under section 1368 only if substantial evidence of incompetence is introduced, and adding that evidence that does no more than form the basis for speculation regarding possible current incompetence is not sufficient.
