Defendant claims that the trial court erred in failing to order a competency hearing during the penalty phase based upon additional instances of appellant's bizarre behavior during guilt trial deliberations and on the occasion the jury returned its verdicts. Defendant relies upon his threats to disrupt and actual disruptions of trial proceedings, which caused the trial court to permit defendant to absent himself from the trial and listen to the proceedings in a holding cell. 2428, 153 L.Ed.2d 556, or Blakely v. Washington (2004) 542 U.S. 296, 124 S.Ct. 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. (People v. Johnson (1993) 6 Cal.4th 1, 22, 23 Cal.Rptr.2d 593, 859 P.2d 673.) Because of the two contracts, the court will request if at any time there is the slightest possibility that a potential conflict might exist, you immediately inform whatever court this is in so that that problem can be raised and taken care of. 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. The trial court denied the defendant's motion for a change of venue, and the defendant was convicted and sentenced to death. 191, 800 P.2d 547.) Defendant challenged Prospective Juror Robert D. for cause, because he indicated he would vote for the death penalty unless he were convinced otherwise. Maxine Zazzara On November 15, 1989, the court modified the sentence nunc pro tunc to add: The sentences on the noncapital counts are ordered to be consecutive to, and to be served subsequent to, and only upon completion of, the death sentences enumerated above. The trial court did not err in admitting the challenged photographs of the victims. 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. [Defense Counsel]: And you agree with the tactical decision that we made not to put on any evidence at this stage of the proceeding? She had died from blunt force head injuries and had been strangled. 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. 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. A criminalist examined hairs recovered from the home of Maxon and Lela Kneiding and testified that they were dissimilar to defendant's hair. 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. Substantial evidence is evidence that raises a reasonable doubt about the defendant's competence to stand trial. [Citation.] From his questions I at this point do not have any question regarding his ability. Our decision in Hannon does not assist defendant. She said, please don't shoot me again and he lowered the gun and ran away. Citing the decisions in Wheat v. United States (1988) 486 U.S. 153, 108 S.Ct. 844, 83 L.Ed.2d 841.) 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. He used a wide variety of weapons and would leave behind satanic symbols. These things happen., On August 11, 1989, the 13th day of guilt phase deliberations, the trial court informed counsel that it had received from the jury foreperson a note that read: Your Honor, Fellow jurors have brought it to my attention that juror #3 Mr. Robert L.] has fallen asleep on two occasions during our deliberations. 177, 639 P.2d 248: [C]hosen representation is the preferred representation. [] Mr. Arturo Hernandez: Yes. 664, 58 L.Ed.2d 579; People v. Burgener (2003) 29 Cal.4th 833, 855, 129 Cal.Rptr.2d 747, 62 P.3d 1.) On August 21, 1989, defendant filed a motion to voir dire the jurors regarding their reactions to the death of Juror Singletary. Defendant argues that the cumulative effect of errors during the guilt phase of the trial requires reversal of the judgment. [Citation.] Just prior to the lineup, Crawford saw a police officer who was conversing with some children raise his index and middle fingers. He was interrogated without counsel by the sheriff and confessed to bank robbery, kidnapping, and murder. 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. She was comatose. Dr. Nancy Minter, a demographics expert employed by the County of Los Angeles, testified for the prosecution and disagreed that the population of persons eligible for jury service had increased by 1987, pointing out that the growth in the Hispanic population during this period consisted primarily of noncitizens who were ineligible for jury service. But jury selection in the present case commenced on July 21, 1988, using prospective jurors summoned using the new master jury list for the 1988-1989 fiscal year. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. In addition, her throat had been slit White Pages - Find People In | Addresses She asked who he was and demanded that he leave. On October 9, 1985, Municipal Court Judge Elva Soper removed the public defender as counsel subject to defendant providing a written agreement retaining attorney Joseph Gallegos. The Defendant: It exists, but I feel there will be no conflict. A burglary is committed if the defendant enters a residence or other enumerated structure with intent to commit grand or petit larceny or any felony. (459.) As the trial court correctly observed, no age-related matter was suggested by the evidence in this case. This was reasonable, because this was the area from which the jurors actually were summoned. ] (Burgener, supra, 29 Cal.4th at p. 856, 129 Cal.Rptr.2d 747, 62 P.3d 1.) Defendant has not made a showing that his mental condition resulted in an inability to assist in his defense or to understand the proceedings. (190.3, factor (a).) Give me your gun, I'll take care of myself. Police recovered fingerprints from the screen found on the living room floor that later were identified as defendant's fingerprints. Menu. Defendant asserted that unsequestered voir dire increased the juror's exposure to prejudicial pretrial publicity. A hammer lying on a table next to the bed had blood and hair on it. 1507, 16 L.Ed.2d 600.) More than three years later, on March 6, 1989, during the presentation of the prosecution's case-in-chief, the trial court appointed Attorney Roy Clark as an additional cocounsel for defendant. ] (People v. Stanley (1995) 10 Cal.4th 764, 793, 42 Cal.Rptr.2d 543, 897 P.2d 481.). On September 20, 1989, after the court accepted the jury's guilty verdicts, the prosecution indicated that it did not intend to present any further evidence at the penalty phase, but reserved the right to call rebuttal witnesses. Her dress was partially lifted and her girdle had been pulled down and torn. This change increased the percentage of Hispanics on the master list to 28.4 percent, which is more than both the 17.5 percent of the population within a 20-mile radius of the courthouse and the 26.3 percent of the population in the Central Judicial District. The next day, shortly after midnight on July 20, 1985, Somkid K. was sleeping on her living room couch when she was awakened by the sound of the sliding screen door opening. 12, 127 Cal.Rptr. A pentagram had been drawn on Bell's thigh and on the wall near Florence L. Avia shoe prints were found at the scene of the crime and defendant later sold property taken during the crime to Felipe Solano. Hey, I want a gun to play Russian Roulette. WebPlease click on a location below to view an address and phone number. [Citations. I do wish to impress upon you the importance of Mr. Ramirez being in the contract, and that has to have prime consideration. Browse our public records directory to see Peter Zazzara's contact info, age, cell phone number, email address, social media profiles . the benefit of a reasonable doubt prior to today with regard to his attentiveness it now is quite clear that good cause exists to excuse him because of his sleeping.. The email address cannot be subscribed. [] [A] hearing is required only where the court possesses information which, if proven to be true, would constitute good cause to doubt a juror's ability to perform his duties (People v. Ray (1996) 13 Cal.4th 313, 343, 52 Cal.Rptr.2d 296, 914 P.2d 846. 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. Later, in an interview from jail, he posed the question of whether serial killers are born or bred. No, he does not look the same. She had been shot in the head and neck at close range, stabbed in her neck, cheek, chest, abdomen, and pubic area, and her eyes had been cut out. The missing window screen was on the floor of the living room, and the contents of the living room were in disarray. ), The size of the community also militates against granting defendant's request for a change of venue. 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. We did not hold that Daniel Hernandez and Arturo Hernandez provided ineffective representation. Defendant subsequently exercised a peremptory challenge to excuse Prospective Juror Robert D. and eventually exhausted his peremptory challenges to the alternate jurors. Defendant argues that the photographs had little, if any, relevance to the determination of guilt. To the contrary, the photographs were highly relevant to show the manner in which the victims were killed and the severity of their injuries. 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. She had a black eye. Defendant again chose to wear the leg chains. Dr. 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. Based upon these figures, the relative disparity in Bell was 62.5 percent. 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. She ran out of the car and called for help. The trial judge then engaged the prospective juror in the following colloquy: The Court: If you as [a] juror found a defendant guilty of first degree murder and you also found a special circumstance to be true beyond a reasonable doubt, would that put you in a position where in every case would you always vote for the death penalty? Thats a pretty sick individual. Indeed, he would help himself to food and drinks in the kitchen after his crime. Bell was lying on the floor next to the bed in another bedroom with a table on her chest. 2557, 2561, 165 L.Ed.2d 409.) As noted above, defendant was arrested on August 31, 1985. (b).) 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. Son of Night Stalker Richard Ramirez victims says, 'I wish I'd As the four-part test is stated in the conjunctive, joinder may be appropriate even though the evidence is not cross-admissible (People v. Ochoa (2001) 26 Cal.4th 398, 423, 110 Cal.Rptr.2d 324, 28 P.3d 78.). Dempster returned about 15 minutes later and noticed the car remained but defendant was gone. Woman who survived Night Stalker attack recalls chilling encounter Bruno Polo managed two pizzerias owned by Vincent Zazzara. I will have to judge each case by its own merits.. Although several of the photographs certainly are gruesome, especially the photograph of Maxine Zazzara with her eyes cut out, they were not unduly so. As defendant drove past Gallegos, Gallegos could see his profile and noted the license number of defendant's vehicle. We review for abuse of discretion the trial court's determination to discharge a juror and order an alternate to serve. Defendant argues that merely instructing to jury to consider [t]he age of the defendant at the time of the crime does not provide adequate guidance as to how the jury should apply age to the penalty determination. Defendant forced the victim to orally copulate him, then raped and sodomized her. 2557.) Investigators put two officers in the dentists office to be ready. M Oregon, WI 53575. 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. The photographs at issue here are gruesome because the charged offenses were gruesome, but they did no more than accurately portray the shocking nature of the crimes. 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. Moreover, a trial court must exercise caution when denying a defendant's request to substitute counsel, because [r]eversal is automatic when a defendant has been deprived of his right to defend with counsel of his choice. (People v. Saunders (1993) 5 Cal.4th 580, 590, fn. 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. Defendant argues he was denied a reliable determination of his penalty guaranteed by the Eighth Amendment, citing Caldwell v. Mississippi (1985) 472 U.S. 320, 328-329, 105 S.Ct. ] (Ibid.) We held that before the jury could be instructed that it could infer a consciousness of guilt, the trial court must determine as a matter of law whether there is evidence in the record which, if believed by the jury, will sufficiently support the suggested inference. (Id. 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. His dad treated him poorly he would tie him to a cross in a graveyard overnight as a form of punishment. To the contrary, defendant presented testimony from a convicted burglar that she had committed burglaries with defendant. Arturo Hernandez: Yes, we have. [Citation.] Hernandez later identified defendant as her assailant at a police lineup and identified defendant at trial. (People v. Heard (2003) 31 Cal.4th 946, 973, 4 Cal.Rptr.3d 131, 75 P.3d 53; People v. Crittenden (1994) 9 Cal.4th 83, 132-133, 36 Cal.Rptr.2d 474, 885 P.2d 887.) Richard Ramirez broke into the home of Vincent and Maxine Zazzara at around 2 a.m. on March 27, 1985. [] So the point I am trying to make to you is this: you may file and lodge all of the cassettes you wish, all those that you have, but I don't think that in my discretion that it is a judicious use of my time to sit there and watch them all. Again, you know, he was nodding and he was asleep because I could hear him snoring, The court dismissed the juror over defendant's objection, stating: I have from time to time observed Mr. Best of 2022 Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. The police officer who discovered the AC/DC cap at the scene of Dale Okazaki's murder testified the cap was just inside the threshold of the garage. 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. Maxine Zazzara ), As noted above, the disputed photographs were highly relevant. Raymond Arce, Director of Jury Management, Office of the Jury Commissioner, testified that each fiscal year, usually in May, a master list of potential jurors in Los Angeles County is compiled using records from the county registrar of voters and the California Department of Motor Vehicles.
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