When Ramirez was finally apprehended, he called Salerno Mr. (People v. Ochoa (1998) 19 Cal.4th 353, 409, 79 Cal.Rptr.2d 408, 966 P.2d 442.) 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. Bruno Polo managed two pizzerias owned by Vincent Zazzara. In the present case, the trial judge had observed that the juror had difficulty paying attention during trial and appeared to fall asleep. The victim repeated her identification of defendant at trial. And by then, investigators knew Ramirez was watching the news, because he told a surviving victim, I am the Night Stalker.. Case Of The Night Stalker Quiz Sakina A. untied her son, called in vain for her husband, and screamed for help. Dictionary of American Family Names Patrick Hanks 2003, 2006. Ernesto Abeyta Joseph Abbott Larry Trending. (a). The prosecutor responded that the photographs were not unduly gruesome and were relevant to show that the body had been covered by a blanket (which affected the determination of the time of death), the nature and extent of her injuries, and the position of her clothing, which suggested a sexual assault. In the docuseries, detective Frank Salerno says, he got comfortable after killing someone he would take the time to have a snack. Arturo Hernandez: Yes, we have. 1. at p. 987, 275 Cal.Rptr. A criminalist testified that it was uncertain whether semen collected from Sakina A. could be matched to defendant. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. 503, 781 P.2d 537): Inasmuch as the basis for the decision of the Court of Appeal has been eliminated, no purpose is served by an extended discussion of the propriety of using the 20-mile-radius community in determining the population for cross-section analysis. (Id. In the past, other cases were decided under other laws which are no longer in effect. This proposed instruction, moreover, would not have prevented the jury from considering evidence introduced at the guilt phase for an improper purpose, such as to show defendant's bad character. 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. He saw the man push Yu away, enter his car, and drive away. She had died from blunt force head injuries and had been strangled. 664, 58 L.Ed.2d 579; People v. Burgener (2003) 29 Cal.4th 833, 855, 129 Cal.Rptr.2d 747, 62 P.3d 1.) (Ante, 46 Cal.Rptr.3d at pp. Defendant handcuffed her, took several items of jewelry and some money, and then raped and sodomized her. ] (Burgener, supra, 29 Cal.4th at p. 856, 129 Cal.Rptr.2d 747, 62 P.3d 1.) And defense counsel's concern over news reports he had heard concerning defendant's alleged plans provide no insight into defendant's mental processes. We have our standard retainer agreement that we have used in many, many different felony cases, including murder cases. 6. 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. She did not lose consciousness, but lay still. at p. 742, fn. Defendant in the present case exhausted his peremptory challenges to the alternate jurors, but did not express dissatisfaction with the jury ultimately selected. Ramirez was accused of entering a home in Orange County and slaying someone there.I have not learned anything about this case. The court relieved Gallegos as counsel and permitted the substitution. 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. Although only one member of the jury indicated during voir dire that he never had heard of the case, they all stated they had not formed any opinion as to the guilt or innocence of Richard Ramirez regarding this case and could be fair. Each juror makes an individual evaluation of each fact or circumstance offered in mitigation of penalty. Relying upon our decision in Williams v. Superior Court (1989) 49 Cal.3d 736, 263 Cal.Rptr. 1507, 16 L.Ed.2d 600.) [Defense Counsel]: Your honor, he has already made an I.D. 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. No juror is ever required to vote to impose the penalty of death if the juror is not convinced that death is the appropriate penalty under the circumstances shown by the evidence. The court denied this instruction as duplicative and argumentative. The Court: All right. Deputy Public Defender Judith Crawford was present at the lineup as an observer for defendant. The Court: Mr. Hernandez, you are making an issue of it. WebWe met with several agents as we considered putting our house on the market, and Rachel was the clear, stand-out winner. A still photograph taken from a videotape of the lineup showed a police officer raising two fingers. 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. May 14, 1985: Bill Doi was fatally shot and Lillian Doi was raped. 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. On September 27, 1989, defense counsel announced that the defense had made a tactical decision not to present any evidence at the penalty phase. On June 7, 1988, during a readiness conference, Raymond Arce testified that a new master list had been compiled to be used in the upcoming 1988-1989 fiscal year and that duplicate names on the registrar of voters list and the DMV list were determined by comparing both the name and the date of birth, which resulted in a master list that was ten percentage points higher in the Hispanic representation. The percentage of Hispanics on the new master list was 28.4 percent. [Citations.] At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The foreperson replied, I feel that we can probably continue today, adding that [e]veryone appears to have put it behind them. The court stated that it was reasonably satisfied that the jurors are able to proceed with their deliberations and that upon further admonishment I propose that that is exactly what we do. Defendant objected. Murder that is committed with malice but is not premeditated is of the second degree. Footprints on the bucket and in the flower bed were made by an Avia athletic shoe. Rather than explain why the proposed instruction was proper and request a ruling, trial counsel simply withdrew the proposed instruction. 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.. The email address cannot be subscribed. She was previously married to Vincent Zazzara. Some people in the crowd were holding the newspaper with defendant's photograph on the front page. ), The defendant in People v. Ortiz, supra, 51 Cal.3d 975, 275 Cal.Rptr. 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.
Is Mike And Kelly Bowling Still Married,
Installing Mini Split Before Drywall,
How Old Is Amber Digiovanni,
Articles M
