Relying upon our decision in Williams v. Superior Court (1989) 49 Cal.3d 736, 263 Cal.Rptr. (People v. Young (2005) 34 Cal.4th 1149, 1225, 24 Cal.Rptr.3d 112, 105 P.3d 487; People v. Barnett (1998) 17 Cal.4th 1044, 1180, 74 Cal.Rptr.2d 121, 954 P.2d 384; People v. Cain (1995) 10 Cal.4th 1, 68, 40 Cal.Rptr.2d 481, 892 P.2d 1224. 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. The Defendant: It exists, but I feel there will be no conflict. The People correctly point out that defendant did not ask the trial court to sever the charges into these four groups, and the trial court had no sua sponte duty to do so. A torn portion of a $20 bill was on the ground. The Court: Would you like him to stand? 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. Their names are Adam Casas, L Casas, and three others. In essence, defendant's claim is premature. 630, 774 P.2d 659, defendant is entitled to relief only if he can actually show that his right to an impartial jury was affected because he was deprived of a peremptory challenge which he would have used to excuse a juror who sat on his case. Unless, in addition to exhausting his peremptory challenges, the defendant expresses dissatisfaction with the jury ultimately selected, we cannot know whether the earlier denial of the challenge for cause deprived the defendant of a peremptory challenge that he or she would have used to excuse a juror who sat on his case. Nor, contrary to defendant's claim, do the high court's decisions in Apprendi v. New Jersey (2000) 530 U.S. 466, 120 S.Ct. Menu. 844, 83 L.Ed.2d 841.) at p. 989, 39 Cal.Rptr.2d 607, 891 P.2d 153. Defendant's father, Julian Tapia, testified that defendant was with him in El Paso, Texas, from May 22 or 23, 1985, until May 31, 1985, which included the period during which Mabel Bell was attacked, her sister, Florence L., was murdered and Carol K. was attacked. Do you realize, both Messrs. Hernandez, the family funds may be insufficient to adequately reimburse you for your services in this matter and, recognizing that fact, do you understand it may be necessary once you are attorneys of record in this case to perform some or all of your services on a pro bono basis? Defendant's photograph appeared in the newspaper the next morning. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Between 3:00 and 4:30 a.m. that morning, Launie Dempster, the newspaper deliverer, had seen defendant walking to his car, which was parked next door to Nelson's house in Monterey Park. 8.85 do not violate the Eighth and Fourteenth Amendments by failing to delete inapplicable sentencing factors or delineate between aggravating and mitigating circumstances. With few exceptions, the media reports were accurate. lihtc compliance checklist. 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. The Defendant: I have had 11 years of high school [sic ] and one year of technical in electrical trades, and I have a psychologist in Los Angeles who has qualified me sane. Defendant shoved her aside and entered the condominium. He doesn't look the same as he looked that night? Mr. Ramirez, would you rise, please, take your glasses off and face my clerk. You guys got me, the Stalker. 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. We conclude the trial court did not abuse its discretion under section 1368 in denying Defense Counsel Gallegos's motion for a psychiatric evaluation of defendant. She was previously married to Vincent Zazzara. She never saw defendant with a gun and never saw him act violently, even when provoked. The victim later identified defendant at a lineup and identified several pieces of jewelry that police had recovered from Felipe Solano, who had purchased the items from defendant. Because the statutory requirements for joinder were met, defendant can establish error only on a clear showing of prejudice. According to Dr. Minter, therefore, the absolute disparity between the 14 percent of persons who appeared for jury service and identified themselves as Hispanic and the 16.3 percent of the population within the 20-mile radius who were Hispanics who were eligible for jury service was just 2.3 percent. We have no problems with him understanding, with him being very rational, very intelligent. Murder that is committed with malice but is not premeditated is of the second degree. In response to the People's observation that defendant did not request additional peremptory challenges during the selection of the alternate jurors, defendant asserts that such a request would have been futile, because the trial court had denied his earlier request for additional peremptory challenges during the selection of the seated jurors. All rights reserved. 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 photographs also clarified the coroner's testimony. 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. 81, 7, p. The court was interrupted by an objection from Arturo Hernandez, stating that he and Daniel Hernandez were not seeking appointment by the court but had been retained by defendant's family and terming the court's remarks out of order. The court continued, stating: Court is aware of that. ] (Id. The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will create substantial danger of undue prejudice (Evid.Code, 352.) (a)),1 one count of second degree murder (187, subd. Prospective Juror Robert D[. It is a decision which must be made by the defendant In addition, the court has requested that the agreement retaining Mr. Arturo Hernandez and Mr. Daniel Hernandez be reduced to writing and that Mr. Ramirez be given the opportunity to discuss that contract with an independent attorney appointed by this court. The right to effective assistance of counsel [citations] encompasses the right to retain counsel of one's choice. The trial court's finding are generally binding if the prospective juror's responses are equivocal or conflicting [Citations. As we stated before, we have no knowledge of any potential conflicts; but if there are any, we will notify whatever court this case is before. At trial, defendant objected to three photographs of murder victim Jennie Vincow lying on her bed as very inflammatory and gruesome. While in jail awaiting trial, defendant used his blood to draw a pentagram on the floor and write the number 666. (See People v. Sanders (1990) 51 Cal.3d 471, 492, fn. Defendant also requested two special instructions regarding mitigating factors. Telephone: (608)-835-3101. About an hour after Dale Okazaki was murdered and Maria Hernandez was shot, shortly before midnight on March 17, 1985, Jorge Gallegos was sitting in his parked car with his girlfriend in front of her residence in Monterey Park when his attention was drawn by the sound of two cars applying their brakes. Copyright 2023, Thomson Reuters. One stated: The weight to be given to the factors in aggravation and mitigation is a matter for each juror to determine. 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. 2978, 49 L.Ed.2d 944, which invalidated a law that provided a mandatory penalty of death for all first degree murders. A hearing was held on August 31, 1989. She turned to see defendant holding a gun pointed at her face. A trial court's authority to discharge a juror is granted by Penal Code section 1089, which provides in pertinent part: If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his duty, or if a juror requests a discharge and good cause appears therefor, the court may order him to be discharged and draw the name of an alternate, who shall then take his place in the jury box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors. (Italics added; see also Code Civ. [Citations. 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. 735-736, 139 P.3d at pp. (People v. Braxton (2004) 34 Cal.4th 798, 813, 22 Cal.Rptr.3d 46, 101 P.3d 994; see also People v. Anderson (2001) 25 Cal.4th 543, 599, fn. Substantial evidence is evidence that raises a reasonable doubt about the defendant's competence to stand trial. [Citation.] 191, 800 P.2d 547.) Trial counsel could have respectfully disagreed and asked the court to rule on his request but, instead, withdrew the proposed instruction, thus forfeiting this issue. Under the 1978 Death Penalty Law, which governs this case, the only possible penalties are death or life imprisonment without the possibility of parole. Having viewed the photographs, we conclude, for the reasons that follow, that the photographs were properly admitted into evidence. at p. 742, 263 Cal.Rptr. Such rules shall govern the duties of the court and its attachs in the production and use of the juror lists. 1708, fns. For that purpose the court has appointed attorney Victor E. Chavez of Los Angeles County.. March 25, 2023 the vscode server failed to start the vscode server failed to start Plot. Defendant pointed his gun at her, but then ran away. [Defense Counsel]: Your honor, he has already made an I.D. [Citation.] The defendant in Rideau was filmed in his jail cell, the morning after his arrest, flanked by two state troopers. [Citation. 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. The jury reasonably could have concluded that defendant abandoned his plan to steal in order to flee and avoid apprehension. The defense focused on the lack of physical evidence tying defendant to the charged crimes, attacked the reliability of the identifications of defendant, and offered the alibi that defendant was in Texas when the crimes against Mabel Bell, Florence L., and Carol K. were committed. (Note: What you are about to read might be disturbing and upsetting.). Later, in an interview from jail, he posed the question of whether serial killers are born or bred. The photographer testified that shadows cast by the car's roof would have obscured the face of the driver in a parked car. [Citation. Defendant has presented no persuasive reason to reconsider our previous holdings. The trial court did not err in granting defendant's request to substitute counsel. Although defendant argues that the media coverage of this case was extensive and inflammatory, he focuses on the extent of the coverage and offers few examples of coverage that could be described as inflammatory. This appeal is automatic. If after consideration of all the circumstances, you feel sympathy for the defendant that is based on the evidence you have heard, and based on such sympathy you are inclined to extend mercy to the defendant, the law permits you to act upon such sympathy and fix the penalty at life imprisonment without the possibility of parole.. ] (Burgener, supra, 29 Cal.4th at p. 856, 129 Cal.Rptr.2d 747, 62 P.3d 1.) 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. Contrary to defendant's contention, [t]he death penalty is not unconstitutional for failing to impose a burden of proof-whether beyond a reasonable doubt or by a preponderance of the evidence-as to the existence of aggravating circumstances, the greater weight of aggravating circumstances over mitigating circumstances, or the appropriateness of a death sentence. [Citation.] The Court: Mr. Hernandez, you are making an issue of it. A police officer soon arrived and found Yu breathing but unconscious. Evidence linked some of the groups of offenses suggested by defendant in the trial court. Police found shoe prints from an Avia athletic shoe on the front porch, the rear porch, and inside the house. 8.85,14 which quotes the aggravating and mitigating factors identified in section 190.3 the jury shall consider, if relevant, in determining the proper penalty, because the court did not delete references to mitigating factors for which no evidence was introduced. 9. I mean, quite frankly, gentlemen, Mr. Ramirez has been in restraints the entire period of jury selection [] One or the other at this point, and if you want a hearing as to whether or not we ought to have any restraints at all, I will be happy to give that to you on a Friday sometime and we'll thrash it out. Defendant chose to keep the leg chains because the leg brace was too uncomfortable. Defendant did not request a hearing concerning whether restraints of any type were justified. Prior to the in camera hearing on October 24, 1985, referred to above, at which the court substituted Arturo Hernandez and Daniel Hernandez as counsel, Defense Counsel Gallegos appeared in camera in the municipal court with former defense counsel, Deputy Public Defender Henry Hall, and asked the judge to order a psychiatric evaluation of defendant as to his present mental state, his ability to choose his own attorney and other related matters concerning this trial. As noted above, the municipal court had taken under submission defendant's request to substitute new counsel in place of Attorney Gallegos. 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. He was a student, Salerno said in the documentary. Further, the jury commissioner adopted a suggestion by defendant that significantly increased the representation of Hispanics on this new master list. She fell to the floor. WebMadison, Wisconsin white page directory listings include full name, phone number and address. Accordingly, defendant has not preserved this claim for review. Defendant left and ran toward the street. On August 21, 1989, defendant filed a motion to voir dire the jurors regarding their reactions to the death of Juror Singletary. 702-705, 139 P.3d at pp. [Citations. 3. As defendant recognizes, we have repeatedly rejected this contention. When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. Duenas grabbed a telephone to call the police and returned to the balcony. The trial court denied the defendant's motion for a change of venue, and the defendant was convicted and sentenced to death. ), 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 asserts that the trial court erred in instructing the jury that it could consider whether defendant's refusal to remove his sunglasses as ordered by the court so that a witness could identify him showed a consciousness of guilt. Her eyes were never found. I am beyond your experience. Defendant contends the trial court erred in failing to instruct the jury that it must determine the proper penalty beyond a reasonable doubt. Defendant's objection to the composition of the old master jury list was rendered moot. maxine zazzara house He also cites, as evidence of his delusional thinking and probable mental incompetence, the following statement he made just before the court imposed sentence: As for what is said of my life, there have been lies in the past and there will be lies in the future. ), Nor did the trial court abuse its discretion in determining that the probative value of each photograph outweighed its prejudicial effect. A police officer who responded to the scene where Tsai-Lian Yu was murdered testified that witness Jorge Gallegos told him that he never saw the assailant fight with the victim, did not hear gunshots, and would not be able to identify the assailant. Woman who survived Night Stalker attack recalls chilling encounter 720, 807 P.2d 949, disapproved on other grounds in People v. Stansbury (1995) 9 Cal.4th 824, 830, fn. Inmate Mailing Address: Inmate Name, ID Number Oakhill A still photograph taken from a videotape of the lineup showed a police officer raising two fingers. [] Mr. Arturo Hernandez: Yes. Paramedics arrived and found Bell still breathing and took her to a hospital. From the above quoted statements, it is clear the trial court made inquiries into whether defense counsel planned to file a section 1368 motion, but the trial court did not express a doubt as to defendant's mental competency. He responded and called the police, who found that defendant had entered the house through a cat door, which had been bent out of shape. She had died from blunt force head injuries and had been strangled. A shoe print recovered from the kitchen sink near the window was made by an Avia athletic shoe. Also Read: 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video). at p. 982, 275 Cal.Rptr. Slightly more than half of the people questioned (51.7 percent) said that [b]ased on what [they had] seen or heard they thought defendant was responsible for the Night Stalker murders, while about a third of those polled (34.7 percent) said they would need more information to make a judgment. As noted above, defendant was charged in an amended information with 43 offenses-including 13 counts of murder, five counts of attempted murder, 14 counts of burglary, and four counts of rape-arising from 15 separate incidents involving 24 victims during a 14-month period ending in the summer of 1985. See below for 10 of the most shocking facts presented in the docuseries, available on Netflix now. The new list was already being used to send out juror questionnaires and jurors from the new list would begin appearing in court in mid-July. Ms. Evans now handles the legendary pianist and composer's estate along with attorney Steven Lowy and others. too much, made some remarks to the jury in general and was looking at him in particular as I was making these remarks with regards to paying attention but he even during argument occasionally would again bounce his head up and down quickly as if rudely awakening himself or something of that nature. Night Stalker': 10 Most Terrifying Details About Satanic Serial Son of Night Stalker Richard Ramirez victims says, 'I wish I'd Defendant put a gun to her head, covered her mouth with a gloved hand, and threatened to kill her if she made a sound. 12, 127 Cal.Rptr. Ramirez was accused of entering a home in Orange County and slaying someone there.I have not learned anything about this case. Our attention, therefore, focuses on the two remaining factors-the nature and extent of the media coverage and the size of the community., The trial court described the media coverage of the murders and defendant's arrest as saturation, as much as they possibly can give, but noted that such coverage was not unprecedented in Los Angeles County. (b).) The court observed that when the jury arrived all of them seemed, as far as appearances are concerned, able to carry on their tasks. The court asked the jury foreperson, outside the present of the rest of the jury, whether the jury was able to resume deliberations. As noted above, the in camera hearing concluded, and Arturo Hernandez and Daniel Hernandez were substituted as counsel without the court ordering a psychiatric evaluation of defendant. Const., art. Turns out, the chief of police had never told her to not release it. ), Moreover, contrary to defendant's suggestion, the trial court did not express a doubt as to defendant's competence to stand trial. And by then, investigators knew Ramirez was watching the news, because he told a surviving victim, I am the Night Stalker.. Just over 10 percent of those polled said they had taken special precautions. Joseph Duenas was in his second-floor apartment when he heard a woman scream help me. He went onto his balcony and saw Yu struggling with a man near the curb. 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. Forensic pathologist Dr. Werner Spitz testified, based upon the temperature of Vincow's apartment, her body temperature when found, and the circumstance that her body had been covered, that Vincow had been dead four to five hours when her body was discovered. 8. [Citation.] 204. The court then admitted into evidence the two coroner's photographs, stating: I think they are necessary, to identify the victim, and to indicate the wound The body [has] been cleaned up and the great masses of blood have been eliminated, and they are not pretty, either one of them, but I think they are necessary for the purposes of this trial.. And both of these groups of charges were linked to the Sophie D. and Carol K. charges-which defendant asserted in the trial court should be tried separately-because defendant sold to Felipe Solano property stolen during crimes included in each of these groups. at p. 162, 108 S.Ct. As we explained in People v. Bittaker (1989) 48 Cal.3d 1046, 1087-1088, 259 Cal.Rptr. Defendant ran from room to room, ransacking the house. Periodically, he punched her in the back. Defendant claims that he was denied the right to conflict-free counsel in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to conduct an adequate inquiry into whether his attorneys suffered from a conflict of interest stemming from their retainer agreement with defendant's family. 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. In the following years, he would leave more of these pentagrams behind, and would also tell his victims to swear to Satan instead of God. Richard Ramirez: The story, the evidence, the Night Defendant does not contend on appeal that his waiver of his right to present penalty phase evidence was invalid or resulted in error, although he indicates he will raise such claims in a subsequent habeas corpus petition. (Compare Sheppard v. Maxwell (1966) 384 U.S. 333, 86 S.Ct. 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. (People v. Waidla (2000) 22 Cal.4th 690, 713, 94 Cal.Rptr.2d 396, 996 P.2d 46.). 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. A trial court does not abuse its discretion if it discharges a juror who falls asleep during the trial. No error appears. 5. Appeal from the United States District Court for the Central District of California. The court stated that it had conducted an extensive examination of the attorneys which the defendant desires to have substituted in as the retained counsel. Noting that defendant had the right to retain counsel of his choice, the court stated that it is important the defendant be fully informed regarding his choice of counsel at this point rather than to have serious questions arise later which could result in even greater delay. Weeks also pointed out that the process of eliminating duplicate names from the two lists was inaccurate, because only the exact last name and the first four letters of the first name were compared. He denied that he would always vote to impose the death penalty for first degree murder no matter what the circumstances that led to that conviction. He stated that he would not necessarily be committed from the outset to the imposition of the death penalty.. Arthur Davidson, Asst. The jury returned a verdict of death at 11:00 a.m. Daniel Hernandez: Yes. 1692 [If a district court agrees to the multiple representation, and the advocacy of counsel is thereafter impaired as a result, the defendant may well claim that he did not receive effective assistance].) Defendant expressly does not claim on appeal that counsel were ineffective, noting that [a] claim of ineffective assistance of counsel will be separately presented in a related petition for writ of habeas corpus.. Defendant expressly chose to wear leg chains instead of a less visible, but more uncomfortable, leg brace, and has therefore waived any objection to that form of restraint. This contention is meritless. But as time went on without a sign of Ramirez, the dentists office suggested installing an alarm that employees could press when Ramirez came back, directly alerting the cops, which they did. Catherine Mazzara - Address & Phone Number | Whitepages The court finds that although I gave Mr. 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. And also there will be a coroner's photograph of Mrs. Zazzara. 631, 506 P.2d 1007 for the proposition that the trial court has a duty to ensure that any counsel appointed to represent the accused is competent and qualified to conduct the defense (italics added), adding: That is precisely the obligation involved in the present case which the trial court failed to meet. But Daniel Hernandez and Arturo Hernandez were not appointed by the court, they were retained by defendant.
