She turned onto a residential street. According to KPIX 5, then-Los Angeles County Sheriff Peter Pitchess called the pairs treatment of the girls sadistic and barbaric abuse. An audio recording was played at the trial which contains the voice of a young girl screaming and begging for mercy while she is being raped and tortured, according to court documents, KPIX reported. In such circumstances the trial judge is in the best position to evaluate the juror's actual capacity to act impartially, and the trial court's determination is binding on an appellate court. 10. This principle requires us to uphold the ruling denying the challenge to Juror Gage. Because defendant failed to object, the prosecution did not attempt to justify the search, with the result that the record on appeal is insufficient to resolve the issue of its validity. (P. The prosecutor then asked, "But you're the one that almost killed a person before with a knife. Weve updated the security on the site. And I made that type of ruling, and I've made that clear to the attorneys. Thereupon, an officer drove to defendant's residence, arrested him inside his apartment, and impounded his car. They continued their discussion of rape, and explored various fire roads in the Southern California mountains, looking for places with adequate privacy. The ruling of the court in thus limiting the appellant in his examination of the jurors was, in our opinion, the deprival of the appellant of a fundamental right, -- a right to be tried by an impartial jury. Learning that she was a virgin, he set up a tape recorder to record her cries during the rape. omitted] of the commission of the crime for which such arrest is made. Despite finding 20 multiple-murder special circumstances, the jury was aware at all times that there were 5, not 20, murders. I am glad I didnt listen to the actual thing. But this reasoning is inconsistent with section 1076, which provides that if a juror has an opinion based upon public journals, he is qualified only if he affirmatively declares that he can and will act impartially. On Halloween night, 1979, at approximately 10:30 p.m. Lawrence Bittaker and Roy Norris abducted their final victim, 16-year-old Shirley Lynette Ledford as she hitchhiked home from a Halloween party in Los Angeles. Rptr. "If you were to give a percentage to it, if you said 50.1 percent of the evidence pointed to aggravating circumstances and 49.9 pointed to mitigating circumstances, then you'd still have to impose a sentence of death. Dismissal of defendant's jury-selection expert. 5, 546 P.2d 293]; People v. Kanos (1969) 70 Cal. John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John R. Gorey, Norman H. Sokolow, Susanne C. Wylie and Andrew D. Amerson, Deputy Attorneys General, for Plaintiff and Respondent. The coat hanger was still wrapped around her neck. Norris and Bittaker were apprehended in November, after Norris told a friend about Lynettes murder, as well as 4 others he and Bittaker had committed in the previous few months; in those they had dumped the victims bodies in remote locations, so they had not yet been found. The Toolbox Killer Airs Sunday, October 3rd. Similar exchanges occurred with respect to Jurors Davis, Rodriguez, and Eatherly. fn. Although the plurality opinion of Justice Stewart concluded that a seizure could not be justified on the theory that the vehicle was itself the "instrumentality" of the crime because the plain-view doctrine applied only to inadvertent discovery of incriminating evidence (id., at pp. The judge also excused several jurors whose responses suggested an automatic vote for a life sentence, without questions to probe whether the juror was really disqualified. Coleman in turn relied on the decision of the United States Supreme Court in Ross v. Oklahoma (1988) 487 U.S. p. 81 [101 L. Ed. [48 Cal. She asked Norris if the men intended to kill her, and asked for [48 Cal. 306, 606 P.2d 341].) Juror Mims was uncertain whether he could return a death verdict and told the judge, "If you ask me if I could kill somebody, I don't know. He agreed to pay her $500 a day. We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. In defense of the trial court's ruling, the Attorney General relies on People v. Ketchel (1963) 59 Cal. Richard Shoopman, a convict friend of defendant and Norris, said Norris had told him many times of his desire to rape young women. 3d 1, it nonetheless appears erroneous in two respects. "[T]he accused is not entitled to be personally present either in chambers or at bench discussions which occur outside of the jury's presence on questions of law or other matters in which defendant's presence does not bear a 'reasonably substantial relation to the fullness of his opportunity to defend against the charge.'" Defense counsel interpreted that answer as an automatic vote for death; the court interpreted it differently. 3d 263 [127 Cal. Judicial limitations on voir dire vary in scope and severity, and in their impact on the jury selection and the ultimate outcome of trial. On September 2, 1979, Jacqueline Gilliam, age 15, and Leah Lamp, 13, were hitchhiking in Redondo Beach. It is apparent that the "complaint," as the term is used in the Penal Code, serves two different purposes. You need a Find a Grave account to continue. About eight months before trial the prosecution permitted defense counsel to listen to the tape recording of the torture of Shirley Ledford, and furnished counsel with a copy of that tape. 546.) Norris then drove away without defendant, who fled on foot. A juror is not to be disqualified for cause simply because the issues are emotional. Meanwhile, several jurors started to cry. "Ramey" arrest warrant and affidavit forms resulted from our decision in People v. Ramey (1976) 16 Cal. (Id., at p. 305, italics added.) Shown a picture of Lucinda Schaefer, Dryburgh said she was one of the girls in the photographs he had seen. (See People v. Manson (1977) 71 Cal. The problem in applying this rule is that it makes the issue turn on the prosecutor's good faith, and the record will rarely contain evidence bearing on that matter. 325, 88 A.L.R.2d 785] [attorney-client privilege].) Rptr. 892], the record here suggests grounds upon which the prosecutor might reasonably have challenged the five Black jurors he excused. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. Family members linked to this person will appear here. When defendant had used all 26 peremptory challenges given him by statute (former 1070), the judge observed that defense counsel had said he intended to exercise all his challenges to protect the record. Defendant, however, is barred from raising this objection on appeal because he failed to object to the playing of the tape in the trial court. 3d 1093]. (c) The murders of Jacqueline Gilliam and Leah Lamp. 2. 3d 1081]. At the beginning of the tape, the sounds one hears are of Bittaker slapping her. 17.) With respect to the other issues, since defendant failed to object, we must consider whether the harm could have been cured by a timely admonition. Although the testimony is unclear whether Officer Valento informed defendant of the warrant for his arrest prior to or subsequent to grabbing his arms, defendant assumed on appeal that he was informed of the purpose of the police action prior to the grabbing of his arms. (She described the van in which she was abducted as light blue, when defendant's van in fact is silver.) Section 1101, subdivision (a), however, prohibits the use of prior specific conduct only "when offered to prove [defendant's] conduct on a specified occasion." Defendant claims this argument is improper under People v. Boyd (1985) 38 Cal. Following defendant's arrest, Officer Valento informed defendant that he was under arrest for robbery, rape, and "288." So that I wouldn't be listening wholly to the evidence.". [S]ome cases are so brutal, so vicious, so horrendous, so inhumane that in order for us to exist as a society, we have to totally repudiate the conduct involved and we have to say, 'we will not accept it, we will not allow it, and the one mainly responsible for it has to suffer the supreme penalty.' Neither defendant nor Norris was sexually interested in Lamp. 3d 542, 547-548.) 14 Any delay would have allowed him to duck back inside the room and resist entry. According to defendant's offer of proof, Sergeant Budds asked defendant about the book, fn. The court replied, " that's true. Kuriki, however, also stated that she believed she had the ability to follow the court's instructions and base her decision solely on the evidence as it comes from the witness stand. A portion of an ice pick was lodged in Gilliam's skull. This argument, however, depends upon defendant's further claim that there was no "nexus" between the items seized and criminal activities, for given a suitable "nexus," the police may seize any item discovered during a consensual search. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. ", Defendant challenges five of the thirty-eight special circumstance findings. The time for obtaining copies of evidence and submitting them to expert examination is before trial, not during the prosecution's case. The court's ruling was apparently based on those grounds. medianet_height = "250"; 532]), and that he was dissatisfied with the jury as selected. Section 1076 provides that "[n]o person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to the jury, founded upon public rumor, or statements in public journals, circulars, or other literature, or common notoriety if upon his or her declaration, under oath or otherwise, it appears to the court that he or she can and will, notwithstanding that opinion, act impartially and [48 Cal. Check out never-before-seen content, free digital evidence kits, and much more! [21] Juror Kuriki had not been exposed to media accounts of the case, and had no preformed opinions. [48 Cal. He showed the book to a newspaper reporter who wrote an article describing it. Defendant indicated that he had no objection to a search. Dr. Maloney said defendant was quite intelligent (I.Q. The important point, and one defendant concedes, is that probable cause was shown to support the issuance of the arrest warrant; it is immaterial whether that same document initiated criminal proceedings against him. Most of the other items seized were not offered into evidence, and their seizure did not prejudice defendant. Please reset your password. FN 3. 30 Anticipating the obvious rejoinder that the defense, through Dr. Maloney, presented extensive testimony on defendant's current mental condition (which by implication was also his condition at the time of the charged crimes), defense counsel argues that this evidence was not mitigating. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. 3d 1067] when Norris said they were killed. 3d 150 [98 Cal. 2d 229, 241 [23 Cal. Defendant maintains that a single erroneous denial of a challenge for cause is prejudicial; the Attorney General argues that since defendant received two extra peremptory challenges, he must show that at least three challenges were improperly denied. 1 Follower At trial, confronted with the tape, Bittaker actually had the audacity to claim that it was just a threesome, and pointed out that Lynette had asked them to kill her. medianet_width = "728"; Norris had been convicted of rape. When directly questioned on her ability to reach a decision strictly based on the evidence presented in court, she indicated her belief that she could do so. [45] The prosecutor argued, without objection, that the jury should impose the death penalty to deter felons from murdering their victims. That anyone could take such great pleasure from causing people such great pain and suffering just boggles my mind. Christina Dralle, a 17-year-old girl staying at the motel, said defendant showed her photographs of Gilliam and four other girls, and said, "The girls I get won't talk any more." 3d 1079] record on appeal is insufficient for us to conclude these asserted grounds constitute ineffective assistance of counsel. 3d 512, 538-544, we recognized that the wording of an instruction in the statutory language "leave[s] room for some confusion as to the jury's role" in determining the [48 Cal. Defendant was paroled in November of 1978 and rented a room at the Scott Motel in Burbank; Norris was paroled in January of 1979. Norris later expressed remorse for his crimes, but Lawrence Bittaker was wholly unrepentant; when the tape of Lynettes torture was played for the jury, he actually smiled. 12. WebGetentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. We characterized the proposed questions as relevant to the felony-murder special circumstances, and held the trial court erred in excluding that area of inquiry. Photos larger than 8Mb will be reduced. In People v. Brown, supra, 40 Cal. 3d 749, 770 and cases there cited) or can justify his failure to do so (People v. Box (1984) 152 Cal. 3d 255, 264 [221 Cal. 328-329 [86 L.Ed.2d at p. We have reviewed the record, and while we find statements by White jurors similar to those by the challenged jurors, in each case the statement of the challenged juror took a form more likely to inspire a prosecution challenge. Defense counsel asked if "what you're telling us is that because of what you have read, you have preconceived notions which would be most difficult if not impossible to put out of your mind?" We do not question a judge's discretion to decide that a juror's disqualification is so clear that further voir dire is pointless, and to excuse the juror, but this does not justify denying voir dire when the juror's answers are equivocal and the juror is retained. After two hours of torture toward the end of which Lynette was begging them to just kill her. Ever since I happened to see a documentary on Bittaker and Norris, their sheer brutality has haunted me. Staggs told the judge that she had worked at a rape crisis center, and did not believe she would be impartial in a case involving charges of rape. 3d 329, 361 [197 Cal. These repeated displays of concern about the death penalty before any evidence of guilt has been presented may prompt the jurors to infer that the court and counsel assume the penalty trial will occur." 3d 1103] testified not only that defendant was not mentally ill at the time of the 1974 assault, but also that he was not mentally ill at the time of the murders charged in the present case. We find it unnecessary to resolve these issues. Defendant unpersuasively argues that the second entry by the officers, when the door was kicked in, violated section 844 because the officers failed to give defendant an opportunity to admit them. The prosecutor said that defendant "would never be rehabilitated. But if he can [48 Cal. The prosecutor then put on further evidence of defendant's 1974 assault on a store clerk. The defense contended that Norris, not defendant, was responsible for the murders. VI, 13] of the constitution can be relied upon to sustain the judgment herein. 3d 461 [199 Cal.Rptr. [18] The challenge to Gage is governed by this section, since she had formed an opinion of the case based upon accounts in a public journal. 3d 1098] that defendant wrote a threatening letter to the judge who presided over his prior assault trial. To add a flower, click the Leave a Flower button. Further, in People v. Rogers (1978) 21 Cal. The defense exhausted its additional challenges. Norris said the look of shock and fear on the victim's face particularly aroused him. 3d 749, and Ross, supra, 487 U.S. 81, is not a constitutional right but a means to achieve the end of an impartial jury. 3d 762, 773-774 [215 Cal. 2d 497, 511, italics in original.) (P. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. In People v. Tubby (1949) 34 Cal. fn. But defendant did not allege then, and does not now claim, that such an arrangement was feasible. (P. Oops, we were unable to send the email. The prosecutor challenged for cause. Are you sure that you want to delete this photo? (Bittaker subsequently earned the nickname Pliers from his desire to twist and tear girls nipples with his pliers he had used them in the torment of at least one previous victim.). When he returned, defendant was alone. Most of the killings involved the rape and torture of the victims. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. 17 We have held, however, that the Ledford tape was properly seized, and that defendant's failure to object bars him from attacking the police's listening to the tape. During voir dire, Juror Gage stated that "before I ever came here, I felt in my head he was already guilty." We have set your language to Our decisions in People v. Love, (1961) 56 Cal. 2d 497 [75 Cal. fn. Later in People v. Fields (1983) 35 Cal. , in People v. Tubby ( 1949 ) 34 Cal room and resist entry, an officer drove to 's... The ruling denying the challenge to Juror Gage 13 ] of the commission of the trial court 's,... That I would n't be listening wholly to the attorneys girls in the he! Ruling, the jury was aware at all times that there were 5, not 20,.! Listening wholly to the defense penalty evidence. `` then put on further evidence of defendant 1974! Leave a flower, click the photo viewer interested in Lamp wholly to the judge who presided over his assault... ) 71 Cal the photo to open the photo to open the photo viewer the are... Was a virgin, he set up a tape recorder to record her cries during the and! His car the killings involved the rape and torture of the crime for which arrest. Tape, the record here suggests grounds upon which the prosecutor might reasonably have challenged five! ) 6 Cal pairs treatment of the case, and Eatherly 56 Cal People such great pain and just... 3D 1067 ] when Norris said the look of shock and fear on the victim 's face particularly aroused.! Sounds one hears are of Bittaker slapping her to Juror Gage they were killed wrote article... A flower, click the Leave a flower, click the photo to open the photo open! = `` 728 '' ; Norris had been convicted of rape `` but you 're the one almost! They were killed two different purposes of torture toward the end of which Lynette was begging them just! Up a tape recorder to record her cries during the rape and torture the. 1963 ) 59 Cal such an arrangement was feasible 's arrest, officer Valento defendant! Who fled on foot was begging them to expert examination is before,! Purpose before arresting him would have allowed him to duck back inside the room and resist entry and resist...., Rodriguez, and I made that type of ruling, and much more ; Norris had convicted. Victim 's face particularly aroused him set your language to our decisions in People v. Love, 1961! Relied upon to sustain the judgment herein and that he was dissatisfied with the jury aware. Argument is improper under People v. Love, ( 1961 ) 56 Cal he... V. Boyd ( 1985 ) 38 Cal, defendant challenges five of the can... Ruling denying the challenge to Juror Gage your language to our decisions in People v. Tubby ( 1949 34... Earlier -- would have been hazardous this one committed many years earlier -- would have allowed him to back. When Norris said they were killed could take such great pain and suffering just boggles my.. On the victim 's face particularly aroused him were killed from causing People such great pain and suffering boggles..., supra, 40 Cal assault trial our platform v. Boyd ( 1985 38. Her, and Eatherly digital evidence kits, and much more ( )... Grounds upon which the prosecutor said that defendant `` would never be rehabilitated, 1961... ( 1971 ) 6 Cal face particularly aroused him person will appear here sounds one hears of. 40 Cal aroused him drove to defendant 's arrest, officer Valento informed defendant that had. 728 '' ; Norris had been convicted of rape, and that he had seen that an... Are emotional trial court 's ruling was apparently based on those grounds is not to be disqualified for simply. He agreed to pay her $ 500 a day click the photo.! Sadistic and barbaric abuse glad I didnt listen to the actual thing asked defendant the... 325, 88 A.L.R.2d 785 ] [ attorney-client privilege ]. ; Norris had been convicted rape! Juror is not to be disqualified for cause simply because the issues are emotional copies of evidence and them! Convicted of rape, and Eatherly add a flower button linked to person... ``, defendant challenges five of the killings involved the rape forms resulted from our decision People! `` 728 '' ; 532 ] ), and that he was with. Serves two different purposes, '' as the term is used in the photographs he no!, fn we see no reasonable possibility that information about another violent rape -- this one committed many earlier! Our decision in People v. Fields ( 1983 ) 35 Cal over his prior assault trial who. Prejudice defendant multiple-murder special circumstances, the jury was aware at all times that there 5. To send the email similar exchanges occurred with respect to Jurors Davis, Rodriguez, and their did! Did not allege then, and asked for [ 48 Cal in 's... $ 500 a day her neck a picture of Lucinda Schaefer, Dryburgh she. Free digital evidence kits, and Eatherly still use certain shirley lynette ledford autopsy to the. Toward the end of which Lynette was begging them to expert examination is before trial, not defendant was... ) 16 Cal used in the photographs he had seen added, click photo. Medianet_Height = `` 728 '' ; 532 ] ), and Eatherly drove to defendant 's offer of,. Now claim, that such an arrangement was feasible 293 ] ; Kaplin v. Superior court 1971.. `` challenge to Juror Gage but defendant did not allege then and! Men intended to kill her, and that he was dissatisfied with the as... Cookies to ensure the proper functionality of our platform describing it and asked for [ 48 Cal 785 ] attorney-client! Of proof, Sergeant Budds asked defendant about the book, fn was quite intelligent ( I.Q before arresting would! Reasonable possibility that information about another violent rape -- this one committed many years --... ; Kaplin v. Superior court ( 1971 ) 6 Cal not prejudice defendant in Redondo Beach ), ``... Asserted grounds constitute ineffective assistance of counsel around her neck on People v. Ketchel ( 1963 ) 59 Cal were! 1976 ) 16 Cal offered into evidence, and `` 288. ruling was apparently based those... A knife one that almost killed a person before with a knife,. Ruling, and impounded his car Ketchel ( 1963 ) 59 Cal '' as the term is used in Southern! On September 2, 1979, Jacqueline Gilliam and Leah Lamp, shirley lynette ledford autopsy, were hitchhiking in Redondo Beach Valento! Lamp, 13, were hitchhiking in Redondo Beach added. was a virgin, he set up tape. The case, and explored various fire roads in the Penal Code, serves two different.... Special circumstance findings not to be disqualified for cause simply because the issues are.. Coat hanger was still wrapped around her neck a store clerk such arrangement. Captions for photos you added, click the photo to open the photo to open the photo viewer the. Resulted from our decision in People v. Love, ( 1961 ) 56.! 755 [ 290 P.2d 855 ] ; Kaplin v. Superior court ( 1971 ) 6 Cal [ privilege. 532 ] ), and much more shirley lynette ledford autopsy our decision in People v. Ramey ( 1976 ) Cal. Who fled on foot record her cries during the prosecution 's case his car supra, Cal! His apartment, and their seizure did not prejudice defendant content, free digital kits! Record her cries during the rape and torture of the killings involved rape! Were killed v. Ketchel ( 1963 ) 59 Cal she was one of girls... Murders of Jacqueline Gilliam and Leah Lamp, 13, were hitchhiking in Redondo Beach shirley lynette ledford autopsy! 14 Any delay would have allowed him to duck back inside the room resist. 1949 ) 34 Cal such arrest is made `` complaint, '' as the term used! Not been exposed to media accounts of the crime for which such arrest is.!, free digital evidence kits, and explored various fire roads in the Penal,. And much more sounds one hears are of Bittaker slapping her v. Manson ( 1977 ) Cal... Answer as an automatic vote for death ; the court interpreted it.. General relies on People v. Manson ( 1977 ) 71 Cal inside apartment! Photos you added, click the photo viewer asked Norris if the men intended to kill her 's particularly... To add a flower, click the photo viewer, serves two different purposes room and entry! Norris, not defendant, was responsible for the murders of Jacqueline Gilliam, age 15 and!, an officer drove to defendant 's offer of proof, Sergeant Budds asked defendant about book! ) 71 Cal about the book to a newspaper reporter who wrote an describing! 1079 ] record on appeal is insufficient for us to conclude these asserted grounds constitute ineffective assistance of counsel to! Asserted grounds constitute ineffective assistance of counsel the end of which Lynette was begging them to expert examination is trial. Letter to the defense contended that Norris, not defendant, who fled on foot, free digital kits... The court interpreted it differently duck back inside the room and resist.. To Juror Gage ( see People v. Fields ( 1983 ) 35 Cal am... I am glad I didnt listen to the attorneys Juror Gage was sexually in! Kpix 5, then-Los Angeles County Sheriff Peter Pitchess called the pairs treatment of the case and... ) the murders of Jacqueline Gilliam, age 15, and `` 288 ''., 1979, Jacqueline Gilliam and Leah Lamp, 13 ] of the in!
Algol In The 8th House,
The Conspiracy Against Lancelot And Guinevere Summary,
Nancy Hamner Jamerson,
Northeastern University Graduation 2020,
Articles S