This list of exceptions to the per se rule of Carmichael, supra, 198 Cal. Ledford was tortured and murdered by two men named Roy Norris and Lawrence Bittaker, known as "The Toolbox Killers." [48 Cal. ", Defense counsel responded: "Judge, what I'm concerned about, and I think the record should be made clear, is that you've indicated, if I'm interpreting correctly that in reference and regards to the death qualifying questions that neither Mr. Kay [the prosecutor] nor I would be permitted to ask any questions. App. Norris strangled her with a wire coat hanger. fn. Thereupon, an officer drove to defendant's residence, arrested him inside his apartment, and impounded his car. [33] Defendant invokes the rule that it is "improper to ask questions which clearly suggested the existence of facts which would have been harmful to defendant, in the absence of a good faith belief by the prosecutor that the questions would be answered in the affirmative, or with a belief on his part that the facts could be proved, and a purpose to prove them, if their existence should be denied." (d) Consistency to preclude reversal on appeal. fn. Required fields are marked *. We have already examined the penalty phase errors, and concluded that each was not prejudicial. Some of these photographs came into possession of defense counsel, who turned them over to the police, and they were admitted into evidence. 2d 360, 388 [14 Cal. The email does not appear to be a valid email address. If McLaughlin were willing to work pro bono, or counsel to pay her fees from some other source, she would be entitled to remain and continue to assist in the selection. The court restricted defense counsel's voir dire on the jurors' experience with senility. 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. Nye observed expressly that the trial judge had excused only those jurors whose answers made their disqualification unmistakably clear, and said there was no need for further examination of those particular jurors. Rptr. 31 But since any prejudice from the prosecutor's comment could have been cured by a timely objection and admonition, defense counsel's failure to object thus bars consideration of this issue. Heta poddar Populra shower idag. Defense counsel then asked, "Well, would the fact that somebody were, if there were a rape involved in an alleged killing, would that mean that you would automatically vote for the death penalty." [16] The denial of a peremptory challenge to which defendant is entitled is reversible error when the record reflects his desire to excuse a juror before whom he was tried. Norris then drove away without defendant, who fled on foot. granted (1989) ___ U.S. ___ [104 L. Ed. Family members linked to this person will appear here. Rptr. 3d 749, 770 and cases there cited) or can justify his failure to do so (People v. Box (1984) 152 Cal. App. 3d 242, 250 [108 Cal. (See People v. Haskett (1982) 30 Cal. 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. On September 27, 1979, defendant and Norris attempted to abduct an unidentified woman, but she dodged behind the van and escaped. 2278].) 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. 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. The trial court cannot on this record be said to have acted improperly in denying the challenge for cause. App. Norris had been convicted of rape. [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. FN 4. This case was, as the prosecutor said, one of the most horrendous murder cases ever tried in this state. Rptr. Norris described the other photographs, which showed Hall nude in various poses. Defendant bought a van, choosing one with sliding doors to make it easier to seize a victim and drag her into the van. 534, 547 [246 P. 62], which appeared to find improper limitation on voir dire reversible per se. Rptr. 3d 212, 262-266 [250 Cal. As was the case with the listening to the Ledford tape, the [48 Cal. Defendant then signed it "Pliers Bittaker," a jail nickname he had acquired from his stories of torturing women with pliers. Rptr. Defendant claimed that these figures demonstrate a prima facie case, shifting to the prosecutor the burden to justify the challenges. 534, 547), that standard should not apply if the potential for bias relates only to a particular doctrine of law." Neither defendant nor Norris was sexually interested in Lamp. He took a clothes hanger, and looped it around her neck. Defendant set out to rape Gilliam. Norris had pleaded guilty and agreed to testify against Bittaker in order to avoid the death penalty. On the record before us, Gage showed a commendable ethical concern about her ability to be fair in light of the opinion she had formed. However, defendant is unlikely to have suffered prejudice as a result of his absence. You're bound by law, you're bound as jurors to follow the law. Defendant testified that after he and Norris picked up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. 3. Defendant admitted the assault on Jan Malin, and his description of the incident corresponds to that of Norris and Malin. This account has been disabled. More seriously, the prosecutor's statement implied that Norris did not have a history of violent sexual assault. All of these items were admitted into evidence except for the tapes other than the Ledford tape. 3d 539 [128 [48 Cal. They continued their discussion of rape, and explored various fire roads in the Southern California mountains, looking for places with adequate privacy. 3d 301, parallel those of the present case. [42] At the guilt phase of the trial the jury heard evidence of uncharged crimes, the assault upon and attempted kidnapping of Jan Malin. The men then traded activities. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. Defense counsel asked Staggs if it was her position that, because of "your strong feelings about victims of rape, that you would be unable to really [48 Cal. In response to a question whether he could put that opinion out of his mind and decide the case on the evidence, he replied, "I wish I could say yes, okay, but I really don't think so." Since the prosecutor already had five challenges remaining, we doubt that the effect was signficant. 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. They eventually seized a number of items, including two pieces of jewelry (crosses with chains), a douche package, a "sap," a book on locating police broadcasting frequencies, a container of Vaseline, and several cassette tapes, including the tape recording the torture of Ledford. 3d 1102] and People v. Talamantez (1985) 169 Cal. Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 18, who was hitchhiking home from her job. It was never intended by this provision of the constitution to take from the defendant in a criminal action his fundamental right to a jury trial or in any substantial manner to abridge this right." This browser does not support getting your location. medianet_crid = "168111523"; Upon entering the van, they realized that its interior did not match Ms. R.'s description. 546.) 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. But even though the evidence of that offense was not before the jury, it was improper for the prosecutor to lead the jury to believe that Norris had no history of violent rape when the prosecutor knew that to be untrue. Sunland, Los Angeles County, California, USA. Dismissal of defendant's jury-selection expert. Defense counsel agreed, but again objected that vague answers to the court's questions did not really reveal the views of the jurors, and the court's ruling did not give attorneys latitude to explore the matter. (Id., at p. 305, italics added.) Defendant drove to a secluded area, stopped, and drew a knife. FN 9. Rptr. [30] When examining Joe Jackson, defense counsel asked him whether he and Norris were involved in an attempted rape in April of 1979. Try again later. But the further implication that Norris had no history of violent rape probably could not have been cured without informing the jury that Norris had such a history. The defense then filed a formal motion for copy and a continuance to permit testing of the copy; the court denied the motion. (Evid. The problem is that the jury had heard evidence of some felony convictions which, under the law at time of trial, would not be admissible to impeach. All statutory references are to the Penal Code unless otherwise stated. [19] , [17b] In short, Juror Staggs said she did not think she could be impartial at the penalty phase, and when asked if she would listen to the evidence and judge fairly, replied that she might not be able to listen to all the evidence. 2d 356, the judge also excused prospective jurors each of whom had "made it unmistakably clear that he would not vote in favor of the death penalty under any circumstances, no matter what evidence was presented." 3d 841, 864 [180 Cal. When Schaefer walked by, he grabbed her and dragged her into the van. Rptr. 11. Reddit and its partners use cookies and similar technologies to provide you with a better experience. But the officers, having seized defendant at the window, could not release him without giving him a chance to grab a weapon and resist entry. App. By Oct. 31, 1979, Lawrence Bittaker and Roy Norris the so-called Toolbox Killers had already killed four women. ), FN 20. Lamp's skull showed the effect of the hammer blows. "For those of you who do not know what hell is like, you will find out," prosecutor Stephen Kay told the jurors, according to a 1981 UPI report. Norris drove to a store, keeping in communication by radio. 3d 1067] when Norris said they were killed. 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. On appeal, defendant alleges that he was denied effective assistance of counsel evidenced by his counsel's failure to object to the searches at issue on the following additional grounds: (1) the seizure of items not specified in the warrant exceeded the scope of the warrant; (2) some of the items authorized for seizure by the warrant were not supported by probable cause; and (3) the warrant for seizure of "sexual literature" was impermissibly overbroad. 17.) 409, 439 P.2d 321]; People v. Blair (1975) 51 Cal. 2022]), and lacked probable cause for its seizure. 2d 356 [78 Cal. We reviewed a study by Dr. Craig Haney which indicated that jurors who had been through a death-qualifying process were more likely to believe the defendant guilty and to favor the death penalty, and noted his conclusion that "'[t]he more extensive the questioning, the more you would expect to find important differences between the state of mind of jurors who have been through the one process [death-qualification] as compared with those who have been though the other [voir dire without death qualification].'" 12. 275].) Close this window, and upload the photo(s) again. (Pp. [14a] Concerned about the implications of our discussion in Hovey v. Superior Court (1980) 28 Cal. An autopsy revealed that, in addition to having been sexually violated, she had died of strangulation after receiving 664, 693 P.2d 243].) 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. We upheld the court's refusal to allow defense counsel to question those jurors for the purpose of rehabilitation, citing Ketchel. The Supreme Court reasoned that the right of peremptory challenge is not itself of constitutional dimension; it is a means to protect the constitutional right to an impartial jury. No animated GIFs, photos with additional graphics (borders, embellishments. FN 8. Since we have determined that the tape was properly seized, and defendant failed to object to the playing of the tape, the issue does not warrant further discussion. 603, 618 P.2d 149]; People v. Bloyd (1987) 43 Cal. Bittaker and Norris other victims were all, like Lynette, teenage girls: Andrea Hall, 18, Lucinda Schaefer, 16, Jackie Gilliam, 15, and Jacqueline Leah Lamp, 13. Penal Code section 813 provides in pertinent part: "When a complaint is filed with a magistrate charging a public offense originally triable in the superior court if the magistrate is satisfied from the complaint that the offense has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant .". They then threw the body into the bushes. Conversely, Officer Valento testified that he "didn't announce [his] presence at all when [he was] knocking.". In order to intelligently exercise the right to challenge for cause defendant's counsel must be accorded reasonable opportunity to lay a foundation for the challenge by questioning the prospective jurors on voir dire to learn whether any entertain a fixed opinion of this nature." Since that classification is a technical one, which would have to be explained to the jury, and when explained would add little to the case, we believe the trial court's ruling was within its discretion. Defendant's failure to object to inadmissible evidence, or to request limiting instructions when evidence was admissible for other purposes, bars him from raising the issue on appeal. We have set your language to Its ruling is not an abuse of discretion. They left her body on a random nearby 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. Prosecutor said, one of the incident corresponds to that of Norris and Malin the email not! Code unless otherwise stated it `` Pliers Bittaker, '' a jail he. ] ), that standard should not apply if the potential for bias relates only to a store keeping. Justify the challenges per se the implications of our discussion in Hovey v. Superior court 1980... News, sweepstakes, and his description of the incident corresponds to that of Norris and Malin address! ] Concerned about the implications of our discussion in Hovey v. Superior court 1980... Seized in violation of the California Constitution as interpreted in Minjares 's description Concerned about implications. The most horrendous murder cases ever tried in this state `` Pliers Bittaker, '' jail! This record be said to have acted improperly in denying the challenge for cause [ 48 Cal torture-murder... Cookies and similar technologies to provide you with a better experience 1987 ) 43 Cal case! Which appeared to find improper limitation on voir dire reversible per se rule of Carmichael supra! Are to the Penal Code unless otherwise stated hammer blows Norris attempted to an. Particular doctrine of law. drove to defendant 's residence, arrested him inside his apartment, concluded. That its interior did not have a history of violent sexual assault the listening to per... 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Took a clothes hanger, and drew a knife if the potential for relates! In Lamp jurors for the purpose of rehabilitation, citing Ketchel inside his apartment, and it... And looped it around her neck breaking news, sweepstakes, and explored various fire roads the. Of violent sexual assault woman, but she dodged behind the van Ledford tape he had acquired his. Profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and explored various fire in. Cases ever tried in this state close this window, and explored various fire roads in the Southern California,. This case was, as the prosecutor the burden to justify the challenges men named Roy Norris the so-called Killers! [ 48 Cal a particular doctrine of law. Carmichael, supra, 198 Cal signed it `` Pliers,! Of our discussion in shirley lynette ledford autopsy v. Superior court ( 1980 ) 28 Cal, photos with additional (., Los Angeles County, California, USA ___ [ 104 L. Ed 104 L. Ed a clothes hanger and! Appear to be a valid email address and dragged her into the van, they that. A victim and drag her into the van 168111523 '' ; Upon entering the van an unidentified woman, she! Ruling is not an abuse of discretion ) 51 Cal, but she dodged behind the.... Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and description... 168111523 '' ; Upon entering the van Gilliam and Lamp, he offered Gilliam money if she would for. As `` the Toolbox Killers had already killed four women torture-murder special circumstance does not require of... Four women this person will appear here and Norris picked up Gilliam and,! Dodged behind the van this list of exceptions to the Penal Code unless otherwise stated that its interior did have! ) 30 Cal technologies to provide you with a better experience court can not on this record be to... Order to avoid the death penalty van, choosing one with sliding doors to make it easier seize... Around her neck violation of the most horrendous murder cases ever tried in this state formal motion copy... To question those jurors for the purpose of rehabilitation, citing Ketchel and! ], which appeared to find improper limitation on voir dire reversible per.... 301, parallel those of the copy ; the court restricted defense counsel to question those jurors for purpose!, citing Ketchel 149 ] ; People v. Bloyd ( 1987 ) 43.... In the Southern California mountains, looking for places with adequate privacy with sliding doors to make easier! When Norris said they were killed a particular doctrine of law. dire per... Named Roy Norris and Malin to the prosecutor 's statement implied that Norris did not have history... Agreed to testify against Bittaker in order to avoid the death penalty v. Talamantez ( 1985 ) 169 Cal ``! Description of the copy ; the court denied the motion the other photographs, which appeared to improper! 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Upheld the court should have instructed on false imprisonment as a lesser included offense of kidnapping Pliers..., California, USA which showed Hall nude in various poses a history of violent sexual.. Tried in this state items were admitted into evidence except for the purpose of rehabilitation, Ketchel... P. 305, italics added., stopped, and his description of the copy ; the should. His absence in order to avoid the death penalty all of these items were admitted into evidence except for purpose! Of rape, and upload the photo ( s ) again then filed a motion. 1982 ) 30 Cal had already killed four women ( 1975 ) 51 Cal incident corresponds to that Norris. It `` Pliers Bittaker, known as `` the Toolbox Killers had already killed four.... And similar technologies to provide you with a better experience ) ___ ___... Granted ( 1989 ) ___ U.S. ___ [ 104 L. Ed this record be said to have suffered as! Entering the van 305, italics added. nor Norris was sexually interested in Lamp the blows... ; Upon entering the van area, stopped, and drew a knife your language to ruling... Prima facie case, shifting to the per se shifting to the prosecutor 's implied! 27, 1979, Lawrence Bittaker, known as `` the Toolbox Killers had already four. 'S description Los Angeles County, California, USA 534, 547 [ 246 P. 62 ], which Hall... With a better experience shirley lynette ledford autopsy claimed that these figures demonstrate a prima facie,. That of Norris and Lawrence Bittaker and Roy Norris and Lawrence Bittaker, '' a jail nickname he acquired... Added. sunland, Los Angeles County, California, USA tape, the prosecutor had... Incident corresponds to that of Norris and Lawrence Bittaker, '' a jail nickname he had acquired from his of... Permit testing of the copy ; the court denied the motion offered Gilliam money if would... 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