Peter Zazzara's father Vincent and step-mom Maxine were brutally murdered by Richard Ramirez in their ranch-style home in Whittier, Los Angeles, on March 27, The Court: All right. Just prior to the lineup, Crawford saw a police officer who was conversing with some children raise his index and middle fingers. 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. (See People v. Panah (2005) 35 Cal.4th 395, 433, 25 Cal.Rptr.3d 672, 107 P.3d 790; People v. Howard (1992) 1 Cal.4th 1132, 1164, 5 Cal.Rptr.2d 268, 824 P.2d 1315.) The failure to do so forfeits the claim. Hernandez approached the front door of her condominium and found it ajar. The victim had been stabbed multiple times in her upper chest, neck, arm, and leg and had some wounds on her hands. ] (United States v. Gonzalez-Lopez (2006) 548 U.S. 140, 126 S.Ct. Defendant asserts that the trial court repeatedly was made aware of counsel's conflicts and difficulties in communicating with their client, citing instances in which either defendant failed to cooperate with his attorneys or his attorneys failed to appear for trial. 2348, 147 L.Ed.2d 435, Ring v. Arizona (2002) 536 U.S. 584, 122 S.Ct. Defendant introduced evidence that 14 percent of the persons who appeared for jury service identified themselves as Hispanic. 5. Maxine Zazzara The 44-year-old was killed as part of the same attack as her husband Vincent Zazzara on 27 March, 1985. 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. Investigators identified him as an enraged killer because of how viciously his victims had been killed: in one case, the victim, Patty Higgins, was slashed and stabbed in the throat. The court gave the standard sentencing instruction (see CALJIC No. The absolute disparity between that figure (17.5 percent) and the percentage of Hispanics that appeared for jury service (14 percent) was 3.5 percent. She ), Defendant relies upon our decision in People v. Beeler (1995) 9 Cal.4th 953, 986-991, 39 Cal.Rptr.2d 607, 891 P.2d 153, in which the father of one of the jurors died while the jury was deliberating in the penalty phase of a capital trial. That section requires the defendant to make a showing of good cause in order to obtain severance, and defendant's failure to request a severance waives the matter on appeal. Her husband, Christopher Petersen awoke and sat up and defendant shot him in the head, but he did not lose consciousness. Substantial evidence is evidence that raises a reasonable doubt about the defendant's competence to stand trial. [Citation.] 8. She ran out of the car and called for help. (People v. Bradford (1997) 15 Cal.4th 1229, 1314, fn. When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. Polo rang the doorbell and called out Vincents name, but received no response. The high court observed that the trial court was not obligated to investigate whether counsel's representation of multiple defendants created a conflict of interest, in the absence of an objection by the defendant, stating that nothing in our precedents suggests that the Sixth Amendment requires state courts themselves to initiate inquiries into the propriety of multiple representation in every case Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate an inquiry. (Id. On October 24, 1985, the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez appeared in camera before the municipal court. When the lineup formed, defendant was the second person in line. She turned to see defendant holding a gun pointed at her face. Whether the trial court erred in admitting into evidence the challenged photographs of the murder victims depends upon two factors: (1) whether the photographs were relevant, and (2) whether the trial court abused its discretion in determining that the probative value of each photograph outweighed its prejudicial effect. Stay up-to-date with how the law affects your life. Defendant argues that the effect of numerous errors committed during the guilt phase of the trial rendered the penalty determination unreliable. The victims' wounds tended to prove, among other things, the kind and degree of force used on the victims. (People v. Crittenden, supra, 9 Cal.4th 83, 134, 36 Cal.Rptr.2d 474, 885 P.2d 887.) On May 14, 1985, about 5:00 a.m., a police dispatcher received a 911 call from a residence in Monterey Park. The accuracy of determining if names on the two lists were duplicates would be increased if, in addition to the names, the birth date and address of the prospective jurors were compared. On January 20, 1988, defendant filed a motion to quash all existing jury panels on the ground that Hispanics were systematically underrepresented on the jury venire.8 An evidentiary hearing spanning several days was held in April and May, 1988. The court granted defendant a one-week continuance to present his case. On October 30, 1986, defendant called a guard over to his jail cell, displayed photographs of two of the murder victims, and said: People come up here and call me a punk and I show them the photographs and tell them there's blood behind the Night Stalker and then they go away all pale.. On December 19, 1988, before the prospective jurors were brought into the courtroom, the prosecutor noted that the proceedings had been moved to a smaller courtroom, which would require the jury to pass by the counsel table where they might see defendant's leg chains. (People v. Gray, supra, 37 Cal.4th 168, 237, 33 Cal.Rptr.3d 451, 118 P.3d 496.). The trial court did not err and was not required to review the terms and conditions of the retainer agreement. In order to establish a prima facie violation of the fair-cross-section requirement, the defendant must show (1) that the group alleged to be excluded is a distinctive group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process. (Duren, supra, 439 U.S. at p. 364, 99 S.Ct. Accordingly, defendant has not preserved this claim for review. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Decided Aug. 25, 1980. The den and bedroom had been ransacked. 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. 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. (190.3, factor (a).) Contact us. 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. how old is toby perlman; tas police accident report; what happens if a player gets injured fanduel WebVincent Zazzara was born on October 8, 1920. You are now instructed that sympathy does play a legitimate part in determination of whether a defendant shall suffer death, or be imprisoned for life without the possibility of parole. Rose Hills Memorial Park. (People v. Thomas, supra, 2 Cal.4th 489, 524, 7 Cal.Rptr.2d 199, 828 P.2d 101.) Avia shoe prints also were found at the scene of Cannon's murder, and defendant was seen sitting in a parked car next door to Nelson's house shortly before she was murdered and Avia shoe prints were found in her flower bed. 1173, 55 L.Ed.2d 426 (Holloway), in which indigent codefendants were represented by a single appointed attorney who represented that he had received confidential information from each defendant that created a risk of conflicting interests, but no conflict of interest was found in Cuyler v. Sullivan (1980) 446 U.S. 335, 100 S.Ct. A. They were also concerned he was a copy cat of Charles Manson. Lucifer dwells within us all., As noted above (ante, 46 Cal.Rptr.3d at p. 703, 139 P.3d at p. 86), section 1368 provides: (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. A trial court is required to conduct a competency hearing under section 1368 only if substantial evidence of incompetence is introduced. (People v. Hayes, supra, 21 Cal.4th 1211, 1281, 91 Cal.Rptr.2d 211, 989 P.2d 645.) It is no disgrace. This contention is meritless. L[.] He later asked Salerno and Carrillo if they would be attending his execution. In the other bedroom, Florence L.'s wrists had been bound using an electric cord and her ankles were taped together. During jury deliberations at the guilt phase of the trial, the trial court discharged Juror Robert L., over defendant's objection, after receiving information from the jury foreperson that the juror had fallen asleep on two occasions. A defendant is mentally incompetent for purposes of this chapter if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. (1367, subd. Ramirez is now known to have had extremely bad teeth, and in the stolen car, they found a business card for a dentists office. 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. Five persons linked to this address. The defense did not contest that defendant was a burglar. WebMaxine L. Zazzara, Downey, Cal., argued, for defendant-appellant. While in jail awaiting trial, defendant used his blood to draw a pentagram on the floor and write the number 666. This does not explain, however, defendant's failure to express dissatisfaction with the jury ultimately selected. And these cassettes that we have seen have refreshed my memory Your point, in other words, is made regarding the extent of media coverage that has been afforded this case., Following several days of oral testimony presented by defendant in support of his motion for change of venue, the court permitted defendant time to file a statement regarding matters you wish to have judicial notice or acknowledgment of the existence of. The People objected to much of the material submitted by defendant, and the court ruled: Now I have read that carefully, I have read all of the matters that are attached thereto, and I am at this time willing to accept and acknowledge that everything set forth in that document is true, the factual matters set forth therein are true, that this publicity was disseminated to the public throughout the Southern California area about the time indicated. (Italics added. ), 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.] at pp. In eight of these crimes, property later was recovered that had been stolen from the victim's residence. Deputy Public Defender Allen Adashek, who was appointed to represent defendant soon after his arrest, testified regarding the circumstances of the lineup in which defendant was identified by several of the victims. A little over a week later, Ramirez murdered 64-year-old Vincent Zazzara and his 44-year-old wife, Maxine. Her dress was partially lifted and her girdle had been pulled down and torn. 81, 9, p. We did not hold that Daniel Hernandez and Arturo Hernandez provided ineffective representation. 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. Nearly a year after his arrest, on July 21, 1986, following the preliminary hearing, defendant filed a motion for change of venue. As in Williams, we need not decide in the present case whether the trial court erred in using the area within a 20-mile radius around the courthouse as the relevant community for cross-section analysis. He may have entered through an unlocked doggie door in the back door. In any event, defendant does not explain how he would have been prejudiced even had the jurors disregarded the court's instructions and viewed media accounts of the juror's murder. Defendant appeared in court represented by the public defender on September 9, 17, and 27, 1985. The trial court denied the motion for severance, finding that the charges were of the same class of crimes, that much of the evidence was cross-admissible, and that there was a common scheme and design that runs through each of these incidents.. Our decision in Hannon does not assist defendant. 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, Defendant initially moved to sever the charges into at least six groups, conceding that the charges involving the Petersen and Elyas A. victims on August 5 and August 8 were properly joined, and that the charges involving the Okazaki, Yu, Doi, Bell, Cannon, Whitney B., Nelson, and Kneiding victims on March 17, May 14, May 29, July 2, July 7, July 5, and July 19 of 1985 were properly joined, but arguing that these two groups of cases should be tried separately and that the charges involving the Sophie D., Carol K., Higgins, and Vincow victims should each be tried separately. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. [Citations.] Accordingly, the jury was instructed that [t]he crime of burglary requires the specific intent to commit larceny or theft and further was instructed regarding the elements of the crime of larceny.11, Although the circumstances of defendant's attempted murder of Hernandez and murder of Okazaki do not, standing alone, reveal the intent with which defendant entered the residence, the jury reasonably could have inferred that he intended to commit larceny by considering the circumstances of the other charged offenses. He shot Vincent first, then brutally assaulted Maxine by stabbing her to death. She was previously married to Vincent Zazzara. And I beg you to remember that in your deliberations. The court then selected an alternate juror to replace Juror Singletary and released the jury for the day, ordering them to return the following day and repeating the admonition to not allow yourself any exposure to any media representation about this case.. I, 30, subd. (People v. Champion, supra, 9 Cal.4th 879, 947, 39 Cal.Rptr.2d 547, 891 P.2d 93.) Okazaki's roommate, Maria Hernandez, was shown a photographic lineup that did not include defendant's photograph, and she said one of the photographs resembled her attacker. Frank Moreno and Carmelo Robles responded and chased defendant down an alley. ), [T]he rule applied when the trial judge is not aware of the conflict (and thus not obligated to inquire) is that prejudice will be presumed only if the conflict has significantly affected counsel's performance (Mickens v. Taylor (2002) 535 U.S. 162, 172-173, 122 S.Ct. 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. On September 3, 1985, a felony complaint was filed against defendant and the public defender was appointed as counsel. He went into the bedroom and shot her husband, Chainarong, in the head, killing him. [Citation. You shall therefore give any age-related factors and argument consideration in arriving at a judgment as to penalty.. We have consistently upheld the introduction of autopsy photographs disclosing the manner in which a victim was wounded as relevant not only to the question of deliberation and premeditation but also aggravation of the crime and the appropriate penalty, all of which were at issue here. ), 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. While being pulled over, Ramirez heard a broadcast of his kidnapping attempt on the cops radio and drew a pentagram on the hood of his stolen car and began running. On August 14, 1989, the jury was unable to begin deliberations because one of the jurors, Phyllis Singletary, failed to appear. We concluded above that the court did not err in denying prior defense counsel's pretrial motion to appoint a psychiatrist to evaluate defendant's mental competency to stand trial, nor did it err in failing prior to trial to order a competency hearing sua sponte. Her face was swollen and bruised. (Note: What you are about to read might be disturbing and upsetting.). It also has been brought to the court's attention that there is presently pending in Superior Court of Santa Clara County a hearing set for November 12 in the case of People versus Pinon where the district attorney's office has asked the court for-has asked for monetary sanctions against Mr. Daniel Hernandez for his failure to appear at the hearing in the Pinon case. Footprints on the bucket and in the flower bed were made by an Avia athletic shoe. A window in the bedroom was open and the bedroom had been ransacked. This court cannot guarantee that such result will not happen anyway; it can only attempt to safeguard against it. The court stated that it had informed Mr. Ramirez that neither Daniel Hernandez nor Arturo Hernandez have the legal experience which would qualify them to be appointed by this court to represent him in this case, nor do either attorney meet the qualifications set forth by the Los Angeles County Bar for the indigent criminal defense appointment panel.. Holding a news conference, she held up a police sketch of the killer, and also went on to describe the evidence from all the cases throughout the state crucial information that hadnt been made public. Using the area within a 20-mile radius of the courthouse as the relevant community, the trial court ruled that the absolute disparity of 3.5 percent, which translated to a relative disparity of 20 percent, was not constitutionally significant. He took jewelry, money, and a videocassette recorder and left. 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. (People v. Coleman, supra, 46 Cal.3d 749, 776, 251 Cal.Rptr. Hernandez summoned the police. Murder that is committed with malice but is not premeditated is of the second degree. 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. 6, 20 Cal.Rptr.2d 638, 853 P.2d 1093. 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. And I have no reason to believe that Channel 2 or Channel 7 or 9 or 13 or the rest of them are any different. We missed him, detective Gil Carrillo said. In a footnote to the reply brief, defendant states he inadvertently omitted these two bases for challenging the jury venire in his opening brief, adding without supporting argument or citation of authority that [t]hese grounds are also asserted as improper bases for underrepresentation and exclusion of potential jurors. We need not, and do not, resolve these contentions. The photographs also clarified the coroner's testimony. Police increased their patrols, gave advice on how to avoid being victimized, and gave free deadbolt locks to the elderly. To return a judgment of death, each of you must be persuaded that the aggravating circumstances are so substantial in comparison with the mitigating circumstances that it warrants death instead of life without parole. We need not, and do not, decide whether the trial court was correct that these proposed special instructions on mitigating factors were argumentative because, in any event, the trial court properly denied the requested instructions because they duplicated the court's instructions. Counsel in Ortiz, Daniel Hernandez and Arturo Hernandez, are the same attorneys who represented defendant in this case. ] (People v. Ewoldt, supra, 7 Cal.4th 380, 402, 27 Cal.Rptr.2d 646, 867 P.2d 757.). (Id. By its terms, the portion of section 669 regarding imposition of a life sentence does not apply to a sentence of death. And defendant did not show that the media coverage was unfair or slanted against him or revealed incriminating facts that were not introduced at trial. The Defendant: Yes. She fell to the floor. Plot. As noted above, defendant was arrested on August 31, 1985. Do you understand that possibility does exi[s]t? jake randall scarlets rugby; masshealth staff directory. [T]he refusal of a defendant to provide an exemplar in violation of a court order is admissible evidence of the defendant's consciousness of guilt. [Citations. In the past, other cases were decided under other laws which are no longer in effect. She was comatose. You know I'm a killer, so shoot me, I deserve to die.
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