The jury was instructed:In determining which penalty is to be imposed on the defendant, you shall consider all of the evidence which has been received during any part of the trial of this case, except as you may be hereafter instructed. [Citation. [] I am concerned with the fact that he has surely missed a great percentage of the testimony throughout this trial. Before MARKEY* , Chief Judge, and WALLACE and HUG, Circuit Judges. at p. 982, 275 Cal.Rptr. Web29 Mar 1985 (aged 44) Whittier, Los Angeles County, California, USA. ), Even had defendant properly preserved the issue for appeal, the claim lacks merit because the instruction given as to age was sufficient. Mr. He entered and encountered Yuriko Lillie Doi in a nightgown who motioned toward her husband, William Doi, who was sitting in a chair in the den by a telephone; he was unconscious and breathing with difficulty. ] (Ibid. ] (Ibid.) The court then had the following exchange with defendant: The Court: Mr. Ramirez, could you tell me: how many years of school have you had? A trial court should grant a mistrial only when a party's chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review a trial court ruling denying a mistrial. (People v. Bolden (2002) 29 Cal.4th 515, 555, 127 Cal.Rptr.2d 802, 58 P.3d 931.) Defense counsel agreed, but indicated that defendant preferred leg chains. Defendant contends the trial court erred in failing to instruct the jury that it must determine the proper penalty beyond a reasonable doubt. [Citation. The den and bedroom had been ransacked. Defendant later withdrew this instruction: The Court: I do not believe that this instruction is pertinent to any evidence that I've heard in this case. And by then, investigators knew Ramirez was watching the news, because he told a surviving victim, I am the Night Stalker.. Appeal from the United States District Court for the Central District of California. We recognized in Ortiz the value we place on allowing defendants to defend themselves as they deem best, absent prejudice to themselves or unreasonable delay in the processes of justice and the importance of the right to counsel of choice and the sensitive nature of the relationship between a criminal defendant and his lawyer. (Id. Polo rang the doorbell and called out Vincent's name, but received no response. On the afternoon of June 28, 1984, Jack Vincow arrived at his elderly mother's apartment in Los Angeles and was surprised to find the screen missing from her open living room window and the front door unlocked. The present case does not involve concurrent representation of multiple defendants as in Holloway and Sullivan, or even prior representation of the victim as in Mickens. The court instructed the jury that in determining the proper penalty it should disregard the instructions given at the guilt phase of the trial and consider any sympathetic or other aspect of the defendant's character or record, adding again, You must disregard any jury instruction given to you in the guilt or innocence phase of this trial which conflicts with this principle. The jurors further were instructed that they were free to assign whatever moral or sympathetic value you deem appropriate to each and all of the various factors you are permitted to consider.. ), We find no fault with the trial court's response to this tragic event. Defendant in the present case exhausted his peremptory challenges to the alternate jurors, but did not express dissatisfaction with the jury ultimately selected. The Court Okay. The court accepted defendant's waiver. [Citations.] The house had been ransacked. The car was running with the transmission in reverse. In addition, her throat had been slit He was provided and he did visit me yesterday, but I refused to see him., The court further questioned defendant regarding the possibility of a conflict between him and his counsel, and defendant stated he understood but felt there would be no conflict. 191, 800 P.2d 547.) But one political figure would make a damming mistake later on. It wasnt until Ramirez left a pentagram, written with lipstick on the wall and on the leg of a victim, that investigators drew the connection to Satanic worship. (a)),1 one count of second degree murder (187, subd. Eventually, the court released the jury for the day and instructed them to return the following day, telling them the court was attempting to find out what exactly is going on with juror Singletary. The court admonished the jury, stating: Please do not concern yourself with this. In any event, the record does not support defendant's assertion that the trial court erred in this regard. ), An actual conflict of interest occurred in Holloway v. Arkansas (1978) 435 U.S. 475, 484, 98 S.Ct. Defendant claims he was denied his right to a reliable penalty determination under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution, because the trial court erred in instructing the jury in accordance with CALJIC No. The trial court conducted an extensive and appropriate inquiry into defendant's awareness of the possibility of a conflict of interest, offered defendant separate counsel to advise him, and obtained assurances from defense counsel that no such conflicts existed or were likely to arise. Murder is the unlawful killing of a human being with malice aforethought. (187, subd. In some cases, he would sexually assault a kid he came across in the house during a burglary. Decided Aug. 25, 1980. A car driven by defendant apparently had forced a car driven by Tsai-Lian Yu to the side of the road, where it was forced to stop with its bumper against the bumper of a parked car. 191, 800 P.2d 547.) ), 13. She had committed numerous burglaries with defendant and had seen him sell jewelry to Felipe Solano. Defendant's motion in the trial court also urged that young persons, and low income persons were systematically excluded from the jury venire as well. Deputy Public Defender Judith Crawford was present at the lineup as an observer for defendant. On October 24, 1985, the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez appeared in camera before the municipal court. An actual conflict of interest means a conflict that affected counsel's performance-as opposed to a mere theoretical division of loyalties. [Citation. 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.. Trematodes are parasitic worms, found in the bodies of various animals, having a flattish or cylindrical form, with skin often perforated by pores, and usually furnished with adhesive suckers. (18 Oxford English Dict. The trial court conducted an extensive hearing on the motion, which spanned two months. 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 later asked the court to question the jurors regarding the effect of the juror's death, but the court was asked to rule on this request more than two weeks after the jury had resumed deliberations. 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. Her blouse had been pulled up. There is no requirement that all jurors unanimously agree on any matter offered in mitigation. 476. Thus, in Dr. 191, 800 P.2d 547, defendant argues that the trial court violated its positive, sua sponte duty under the Sixth Amendment of the federal Constitution and article I, section 15 of the California Constitution to ensure that appellant would be represented by qualified, effective counsel by granting defendant's request to substitute counsel. 1237, 152 L.Ed.2d 291 (Mickens).) The victim had been stabbed multiple times in her upper chest, neck, arm, and leg and had some wounds on her hands. (2)), three counts of forcible oral copulation (288a, former subd. WebKettle Creek North Address 1300 Hemlock Drive Verona, WI 53593. All further statutory references are to the Penal Code, unless otherwise noted. at p. 527, 262 Cal.Rptr. WebVincent Zazzara was born on 8 October 1920. Defendant got out of his car and pulled Yu out of her car as she fought. 5, 273 Cal.Rptr. [Citation. 9. The documentary series also delves into Ramirezs past and the horrible trauma Ramirez had to face as a child. We assume that the jury followed the court's instructions (People v. Davis (2005) 36 Cal.4th 510, 545, 31 Cal.Rptr.3d 96, 115 P.3d 417), and the record does not contain any indication to the contrary. Garden of Commemoration, Sec. Can you imagine the people caught me, not the police. Defendant laughed and then added: You think I'm crazy, but you don't know Satan. He hummed the song Night Prowler by the rock group AC/DC. 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. [Citations. He found his mother, Jennie Vincow, dead in her bedroom. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. At trial, defendant objected to three photographs of murder victim Jennie Vincow lying on her bed as very inflammatory and gruesome. 1708, fns. Actually, I believe it was Tuesday, right before lunchtime, I believe about 11:30, he was sitting there and we're carrying on our normal deliberations, and you know, you could see he was nodding and then he just stood there, I would say about maybe a good four to five minutes maybe. In reviewing a challenge to the sufficiency of the evidence under the due process clause of the Fourteenth Amendment to the United States Constitution and/or the due process clause of article I, section 15 of the California Constitution, we review the entire record in the light most favorable to the judgment to determine whether it discloses substantial evidence-that is, evidence that is reasonable, credible, and of solid value-from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. (People v. Cole (2004) 33 Cal.4th 1158, 1212, 17 Cal.Rptr.3d 532, 95 P.3d 811.) Her throat had been slashed almost from ear to ear. It appeared she may have been sexually assaulted. Defendant argues that trial counsel withdrew the requested instruction only in response to the court's request, adding that trial counsel obeyed the court and withdrew the instruction. But the court did not order, or even ask, trial counsel to withdraw the request, it merely observed that the proposed instruction did not appear to pertain to any evidence introduced at trial. I do wish to impress upon you the importance of Mr. Ramirez being in the contract, and that has to have prime consideration. at p. 742, 263 Cal.Rptr. Gallegos identified defendant at trial. In view of the above facts, the court is ordering that both attorneys make full disclosure to Mr. Ramirez of any facts which might bear on their ability to effectively represent him in this case After this disclosure, if there are any made, the court will, if Mr. Ramirez desires, offer him independent assistance to check any information disclosed to him. A man repeated, Help me, help me. The dispatcher sent an ambulance, which arrived within five minutes. [Defense Counsel]: You know you have a right not to take the stand? A list of qualified prospective jurors is obtained based upon responses to prospective juror questionnaires sent to persons on the master list. Defendant subsequently exercised a peremptory challenge to excuse Prospective Juror Robert D. and eventually exhausted his peremptory challenges to the alternate jurors. ), It is clear that the challenged photographs were relevant. Investigators identified him as an enraged killer because of how viciously his victims 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. omitted.) The remaining names on the DMV list and all of the names on the registrar of voters list are combined to form the master list. I agree with that. At the police station, defendant spontaneously confessed: I want the electric chair. 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.). The Court: Mr. Daniel Hernandez, you are nodding your head yes. Do you-. 80.) We disagree. Defendant handcuffed the victim to the bed and fled. On July 25, 1989, during the closing arguments of counsel, one of the jurors sent the court a note that read as follows: As a seated juror in this case, I must state my concern regarding juror #3, Mr. And defense counsel's concern over news reports he had heard concerning defendant's alleged plans provide no insight into defendant's mental processes. Contrary to defendant's assertion, the trial court in the present case did not find that Daniel Hernandez and Arturo Hernandez were unqualified to be retained as counsel by defendant. In denying counsel's request to speak to the court outside the presence of the prosecutor, the court stated: If counsel is of the opinion that the court ought to be persuaded by what you might say or what I have seen thus far that inquiry should be made pursuant to section 1368, that you got to do in open court. Manuel Delatorre pursued and struck defendant on the head a second time, causing defendant to fall. Her husband, Christopher Petersen awoke and sat up and defendant shot him in the head, but he did not lose consciousness. The court denied the motion at a hearing on September 5, 1989. ] [Citations. We have no question in our mind at this point that there is a conflict in this case; however, we realize the concerns of the court. 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. 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. 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. Dr. 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. Investigators put two officers in the dentists office to be ready. It is something that you simply must not allow to interfere with your deliberations. The court added: And again, please do not expose yourself to any news media representation about this case., Shortly before 10:00 a.m. the following day, the court informed the jury that Juror Singletary had been shot to death for reasons unrelated to the present case. 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. Telephone: (608)-835-3101. In Whittier, he cut out Maxine Zazzaras eyes and took them with him. Accordingly, defendant is limited on appeal to arguing that the trial court erred in failing to sever the charges into the groups he requested at trial. This was problematic for investigators because that would mean the killer could just change his shoe, and the lead would go cold. On May 31, 1985, Carlos Valenzuela noticed that newspapers had been left in the driveway of the house shared by 83-year-old Mabel Bell and her 79-year-old sister, Florence L. He knocked on their door, but received no reply. Bruno Polo managed two pizzerias owned by Vincent Zazzara. WebMaxine L Zazzara; Previous Addresses: * Strong Ave, Whittier, CA * * *nd St, Downey, CA * Associated Businesses: Pyramid Equities; We found results for Vincent Zazzara in US White House Visitor List. Under these circumstances, the court did not err in denying defense counsel's motion to appoint a psychiatrist to evaluate defendant. A still photograph taken from a videotape of the lineup showed a police officer raising two fingers. As we stated in Johnson, the court's ruling excusing [the juror] can be sustained solely on the basis of its finding that [the juror] had fallen asleep during trial. (Ibid.) 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. (People v. Carter (2005) 36 Cal.4th 1114, 1166, 32 Cal.Rptr.3d 759, 117 P.3d 476. The Court: Did you read the entire contract? 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. ) (People v. Cornwell, supra, 37 Cal.4th 50, 106, 33 Cal.Rptr.3d 1, 117 P.3d 622; People v. Harris, supra, 37 Cal.4th 310, 366, 33 Cal.Rptr.3d 509, 118 P.3d 545.). Ramirez is now known to have had extremely bad teeth, and in the stolen car, they found a business card for a dentists office. 1237.). ), Defendant asserts that the prosecutor in closing argument in effect told the jury to double-count the special circumstances. To the contrary, the prosecutor expressly told the jury not to do so. Defendant put a gun to her head, covered her mouth with a gloved hand, and threatened to kill her if she made a sound. ), 14. Los Angeles County sheriff's detective Russell Uloth, testifying at Richard Ramirez's trial on 13 counts of murder, said he examined the body of Maxine Zazzara, 503, 781 P.2d 537, fn. Photographs later taken of the crime scene showed poor lighting conditions that would make an identification of the assailant difficult. He moved to discharge his attorney and obtain appointed counsel. 8.85), and we have held that instruction is proper despite its failure expressly to limit aggravating evidence to the enumerated statutory factors, and to exclude nonstatutory factors as a basis for the death penalty. After finding prints on a stolen car and releasing a mugshot to the public, Ramirez was apprehended after he was subdued by a group of residents and was beaten before cops could step in. In People v. Burgener, supra, 29 Cal.4th 833, 856, 129 Cal.Rptr.2d 747, 62 P.3d 1, we observed that it was uncertain whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, was sufficient to satisfy the second prong of the Duren test. A restraining device similar to handcuffs that attach to the subject's thumbs. She Subsequent analysis revealed that a 25-caliber bullet recovered from the victim's head had been fired from the same gun that fired bullets recovered from the home of Virginia and Christopher Petersen. Police found a sliding glass door had been pried open. In Whittier, he cut out Maxine Zazzaras eyes and took them with him. In several instances, surviving witnesses testified that defendant demanded money or other items of value during the crime. 203.) She had a puncture wound in her head, two black eyes, and her face was bruised. 191, 800 P.2d 547, this Court held that both Daniel Hernandez and Arturo Hernandez should properly have been discharged by the trial court as retained counsel on the defendant's motion based on their incompetence in a pending murder case. This does not accurately describe our decision in Ortiz. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. Defendant objected to three coroner's photographs of Lela Kneiding. ), Defendant requested the following jury instruction: One of the factors for you to consider in determining the penalty is the age of the defendant at the time of the offense(s). There was no gross unfairness and defendant was not deprived of a fair trial. The defendant in Mickens claimed he had been denied effective assistance of counsel because his appointed attorney earlier had represented the murder victim on a juvenile matter. 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. He died on 27 March 1985 in Whittier, Although the prospective juror in the present case described himself as a strong supporter of the death penalty, he assured the court multiple times that he would not automatically vote for the death penalty and would, instead, reach a decision based upon all of the evidence. Also Read: 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez. Hey, I want a gun to play Russian Roulette. On March 28, 1985, about 8:30 p.m., Polo went to the home that Vincent Zazzara shared with his wife Maxine to deliver the day's receipts from the restaurant and 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. Instead, echoing a claim addressed above, defendant asserts he was denied due process of law under the Sixth and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to inquire into defense counsel's possible conflicts of interest during the penalty phase. He knocked on the door, but received no response, so he retrieved an extra key Cannon had given him. [Citation.] Challenge for Cause to Juror Robert D. The prospective jurors were sequestered and individually questioned concerning their views on the death penalty as then required by our decision in Hovey v. Superior Court (1980) 28 Cal.3d 1, 80, 168 Cal.Rptr. 586-587, 186 Cal.Rptr. Defendant introduced photographs of the residences of Joyce Nelson and Christopher and Virginia Petersen. A woman parking her car in her apartment house's garage was shot, but not killed. Defendant struck Sakina A. in the head and handcuffed her hands behind her back. ] (Ibid.) Accordingly, defendant has not preserved this claim for review. In People v. Bell (1989) 49 Cal.3d 502, 262 Cal.Rptr. Further, the jury commissioner adopted a suggestion by defendant that significantly increased the representation of Hispanics on this new master list. Her nose was broken and both eyes blackened. Heading straight to the manufacturer, they looked through spreadsheets where the shoes were distributed in the United States, and only size 11.5 black shoes (the ones he was wearing) were manufactured. (See Wheat v. United States, supra, 486 U.S. 153, 161, 108 S.Ct. When the door to the condominium closed behind defendant, Hernandez opened the garage door and fled. In response, the People pointed out that although the court denied defendant's motion for the jurors to be sequestered during the entire voir dire, the prospective jurors were questioned individually (i.e., sequestered) regarding bias, and the allegedly prejudicial statements recounted by defendant in his opening brief actually were made during this partially sequestered voir dire. Arturo Hernandez: We understand fully; and, for the record, we have indicated to the court in the past that at this point we anticipate no conflict of interest. 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. In a subsequent pleading, defendant argued the charges should be tried in eight different trials involving the following groups of victims: (1) Petersen and Elyas A. on August 5 and 8, 1985; (2) Okazaki and Yu, on March 17, 1985; (3) Zazzara and Chainarong K. on March 28 and July 19, 1985; (4) Higgins7 ; (5) Vincow on June 27, 1984; (6) Bell, Doi, Cannon, Whitney B., Nelson, and Kneiding on May 14 and 29, and July 2, 5, 7, and 19 of 1985; (7) Sophie D. on July 7, 1985; and (8) Carol K. on May 30, 1985. 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. A pentagram is A five-pointed figure formed by producing the sides of a pentagon both ways to their points of intersection, so as to form a five-pointed star Formerly used as a mystic symbol and credited with magical virtues. (11 Oxford English Dict. Mr. This does not explain, however, defendant's failure to express dissatisfaction with the jury ultimately selected. Discover Even More Elyas A. had been killed by a single bullet to the head. 13, 65 Cal.Rptr.2d 145, 939 P.2d 259; People v. Arias (1996) 13 Cal.4th 92, 126, fn. For that purpose the court has appointed attorney Victor E. Chavez of Los Angeles County.. 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. Arturo Hernandez represented that defendant had entered into a written contract retaining him and Daniel Hernandez as his attorneys. ), The nature and gravity of the present offenses could not have been more serious, but this factor alone does not require a change of venue. Just prior to the lineup, Crawford saw a police officer who was conversing with some children raise his index and middle fingers. 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.
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