), The size of the community also militates against granting defendant's request for a change of venue. ), Defendant contends he was denied both the right to a fair trial by an independent tribunal and the right to the minimum guarantees for a criminal defense under customary international law as informed by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the American Declaration of the Rights and Duties of Man (American Declaration). Defendant further asserts he suffered racial discrimination which constituted violations of customary international law., This claim fails because, as explained above, defendant was not denied a fair trial or subjected to racial discrimination. The Court: Very well. 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. A still photograph taken from a videotape of the lineup showed a police officer raising two fingers. ), It is not clear how defendant is assisted by our decision in Beeler, but any such assistance is lessened by the fact that the circumstances in Beeler differ greatly from those in the present case. You probably know how vicious his crimes were but the true-crime series delves deeply into how bloody and gory they really were. Her blouse had been pulled up. 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. How many more people are going to die?. 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. The trial court denied the motion, declaring that no doubt had arisen in the court's mind concerning the defendant's competence because it appeared the defendant understood the nature of the proceedings and was able to assist counsel. With respect to that, there is no evidence upon which I might conclude so far that the defendant is in any way unable to understand and participate in the proceedings., Ten months later, on February 26, 1987, just prior to the weekend recess during a hearing on pretrial motions, the superior court judge sought time estimates from counsel regarding proceedings the following week and asked defense counsel: Are there any motions that you are considering as to other aspects of this case that should be filed or you are considering filing? The admission of photographs of a victim lies within the broad discretion of the trial court when a claim is made that they are unduly gruesome or inflammatory. Hernandez summoned the police. Dr. Raymond Weeks, a professor of sociology, was called by defendant as an expert on demographics and testified that he analyzed questionnaires of more than 10,000 persons who appeared for jury service in the Central Judicial District from August to mid-December of 1987 and noted that 14 percent identified themselves as Hispanic. Defendant argues that the cumulative effect of errors during the guilt phase of the trial requires reversal of the judgment. Can he stand? Defendant contends there is insufficient evidence that defendant entered the residence with the intent to commit larceny because [t]here was no evidence of theft, ransacking, or attempted taking of property. Defendant concedes that the evidence supports a finding that defendant entered the residence with the intent to commit murder or assault, but correctly notes that under the merger doctrine announced in People v. Ireland (1960) 70 Cal.2d 522, 539, 75 Cal.Rptr. (a); 954.1), we apply the law predating Proposition 115. Footprints on the bucket and in the flower bed were made by an Avia athletic shoe. Police showed Sophie D. the same photographic lineup not including defendant's photograph that had been shown to Maria Hernandez, and Sophie D. picked out the same person who, as noted above, was apprehended, questioned and released. Similarly, the band Testament released in 1987 a song entitled Alone in the Dark that says that Faustus prepares the legions of the night. (< http://www.darklyrics. 13, 65 Cal.Rptr.2d 145, 939 P.2d 259; People v. Arias (1996) 13 Cal.4th 92, 126, fn. 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. We are all expendable for a cause, and no one knows that better than those who kill for policy, clandestinely or openly, as do the governments of the world which kill in the name of God and country and for whatever else they deem appropriate. Sakina A. untied her son, called in vain for her husband, and screamed for help. On August 30, 1985, law enforcement officers had focused their suspicion upon defendant and obtained a photograph of him, which they distributed to law enforcement agencies throughout Southern California and released to the news media. The high court observed that the trial court was not obligated to investigate whether counsel's representation of multiple defendants created a conflict of interest, in the absence of an objection by the defendant, stating that nothing in our precedents suggests that the Sixth Amendment requires state courts themselves to initiate inquiries into the propriety of multiple representation in every case Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate an inquiry. (Id. If an exact match is found, that name is removed from the DMV list. He died on 27 March 1985 in Whittier, ] (Ibid.) He found her wallet and removed her money. The Court: Have you disclosed to Mr. Ramirez any facts, both negative and positive, which would bear not only on your ability to represent him but on any publicity that might come from your representation? We have no question in our mind at this point that there is a conflict in this case; however, we realize the concerns of the court. (People v. Braxton, supra, 34 Cal.4th 798, 813, 22 Cal.Rptr.3d 46, 101 P.3d 994. 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 trial court in the present case concluded that it was necessary to physically restrain defendant in view of the history of this case, and some of the statements made by Mr. Ramirez. Defendant's bizarre actions following his arrest made it reasonable for the court to fear that defendant would act violently. And defendant did not show that the media coverage was unfair or slanted against him or revealed incriminating facts that were not introduced at trial. Evidence that does no more than form the basis for speculation regarding possible current incompetence is not sufficient. 80.) 7. Dr. I don't believe in the hypocritical moralistic dogma of this so-called society and need not look beyond this room to see all the liars, the haters, the killers, the crooks, the paranoid cowards, truly the trematodes[12 ] of the earth, each one in his own legal profession. 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. The trial court, therefore, did not abuse its discretion in discharging the juror. 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. She had a large, extremely lethal, wound in her neck. [Defense Counsel]: You know you have a right not to take the stand? After quoting the pertinent language from section 190.3, factor (a), as reflected in CALJIC No. On August 2, 1988, during a discussion of courtroom security measures, the court noted in general terms that it had ordered increased courtroom security, including the use of a metal detector, because it had received information with regards to threats about individuals involved in this case.. At the time, former Code of Civil Procedure section 203 stated that in the County of Los Angeles no juror shall be required to serve at a distance greater than 20 miles from his or her residence. Consequently, the jurors were summoned from the area within a 20-mile radius of the courthouse. ] (United States v. Gonzalez-Lopez (2006) 548 U.S. 140, 126 S.Ct. 2428, 153 L.Ed.2d 556, or Blakely v. Washington (2004) 542 U.S. 296, 124 S.Ct. The attorneys must have been attorneys of record in at least three cases where the initial charge was a violation for Penal Code section 187 and at least one of those cases must have been submitted to a jury for decision. ), Defendant did not request an instruction admonishing the jury not to double-count the special circumstances, and we repeatedly have held that the trial court has no duty to so instruct the jury sua sponte. Nor do we find any authority to support defendant's argument that the Fifth, Sixth, Eighth or Fourteenth Amendments of the United States Constitution, or their California counterparts, impose such a duty. (People v. Maury (2003) 30 Cal.4th 342, 392, 133 Cal.Rptr.2d 561, 68 P.3d 1.) 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. Browse our public records directory to see Peter Zazzara's contact info, age, cell phone number, email address, social media profiles . Defendant contends the trial court erred in denying his motion for change of venue under section 1033, depriving him of his rights under article I, section 15 of the California Constitution and the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. The trial court in the present case did not abuse its discretion in resuming deliberations the day after the jury learned that one of the jurors had been murdered. The court denied the motion at a hearing on September 5, 1989. At trial, defendant objected to three photographs of murder victim Jennie Vincow lying on her bed as very inflammatory and gruesome. Murder and rape are assaultive crimes against the person and, as such, are offenses of the same class of crimes' within the meaning of section 954 and were properly joinable. Read original story Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez At TheWrap, 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez, 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video), Murder Charges Dropped Against Curtis Flowers, Subject of True Crime Podcast 'In the Dark', Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez, Viewers veto judges' votes on dj vu-inducing top 12 'American Idol' episode, Ashley Judd reflects on mom Naomi's 'irreplaceable loss' a year after the country star's death, Michael J. The photographer testified that shadows cast by the car's roof would have obscured the face of the driver in a parked car. 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. 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. This does not explain, however, defendant's failure to express dissatisfaction with the jury ultimately selected. Relying upon our decision in Williams v. Superior Court (1989) 49 Cal.3d 736, 263 Cal.Rptr. Defendant asserts that the above quoted inquiry of counsel was deficient because the court failed to determine the nature of the terms and conditions of the retainer agreements entered into between defendant and counsel and defendant's family and counsel, failed to determine the impact of counsels' agreement with the family on their representation of defendant, and failed to consider the impact of the agreements with respect to counsel's purported waiver of appellant's right to a full and proper inquiry regarding his mental competency. Defendant asserts that counsels' expressed willingness to represent defendant pro bono, if necessary, deepened the appearance of grave conflicts of interest, triggering the trial court's duty of inquiry., The right to effective assistance of counsel, secured by the Sixth Amendment to the federal Constitution, and article I, section 15 of the California Constitution, includes the right to representation that is free from conflicts of interest. [Citation.] Upon investigation, they found a man named Richard Mena had been in and had gotten X-rays done, which showed he had an infected tooth so he would be back. ), We find no fault with the trial court's response to this tragic event. 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. In denying counsel's request to speak to the court outside the presence of the prosecutor, the court stated: If counsel is of the opinion that the court ought to be persuaded by what you might say or what I have seen thus far that inquiry should be made pursuant to section 1368, that you got to do in open court. The court invited defendant to request to speak to an independent attorney if at any time in the future you change your mind.. This fact shall have no bearing upon your determination of the defendant's guilt or innocence. 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. 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. [T]he refusal of a defendant to provide an exemplar in violation of a court order is admissible evidence of the defendant's consciousness of guilt. [Citations. Defendant asserts that the joinder of the charges resulted in gross unfairness and deprived him of a fair trial. Five went to Arizona, and one was sold in Los Angeles. Can you imagine the people caught me, not the police. Defendant laughed and then added: You think I'm crazy, but you don't know Satan. He hummed the song Night Prowler by the rock group AC/DC. 80.) A man repeated, Help me, help me. The dispatcher sent an ambulance, which arrived within five minutes. We assume that the jury followed the court's instructions (People v. Davis (2005) 36 Cal.4th 510, 545, 31 Cal.Rptr.3d 96, 115 P.3d 417), and the record does not contain any indication to the contrary. The court denied the motion, remarking: I have been observing the jury, and I did note on the day that I excused them, that they were visibly upset, quite frankly. [Defense Counsel]: You know that Mr. Hernandez [codefense counsel] has been in El Paso talking to friends and relatives about testifying on your behalf? But I have not said he is guilty or innocent.. [M]ore is required to raise a doubt [as to a defendant's competence] than mere bizarre actions [citation] or bizarre statements [citation] or statements of defense counsel that defendant is incapable of cooperating in his defense [citation] or psychiatric testimony that defendant is immature, dangerous, psychopathic, or homicidal or such diagnosis with little reference to defendant's ability to assist in his own defense [citation]. (People v. Laudermilk (1967) 67 Cal.2d 272, 285, 61 Cal.Rptr. The trial court in the present case was correct that the 3.5 percent absolute disparity and 20 percent relative disparity between the percentage of Hispanics who appeared for jury service and the percentage of Hispanics in the area within 20 miles of the courthouse was not constitutionally significant. 439-440 [20 Cal.Rptr.3d 182, 99 P.3d 505]; People v. Brown [(2004)] 33 Cal.4th [382] at p. 404 [15 Cal.Rptr.3d 624, 93 P.3d 244] [International law does not prohibit a sentence of death rendered in accordance with state and federal constitutional and statutory requirements]. Do you understand if at any time in the future you change your mind and desire to obtain independent legal advice regarding the contract, you have the right to ask the court to appoint an attorney to discuss that matter with you? I realize that that is going to be a very difficult one for you, but I would like you to get working on that as well.. In addition, in the County of Los Angeles no juror shall be required to serve at a distance greater than 20 miles from his or her residence. (Stats.1980, ch. 346-347, 100 S.Ct. [Citation.] omitted.) The right to effective assistance of counsel [citations] encompasses the right to retain counsel of one's choice. They never were able to find the shoes after that. (People v. Champion, supra, 9 Cal.4th 879, 947, 39 Cal.Rptr.2d 547, 891 P.2d 93.) She had a puncture wound in her head, two black eyes, and her face was bruised. 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. It also would be useful just in general to indicate the manner or method of death The court later added that although they are not pleasant to look at, they are relevant and as non-inflammatory as possible. The court, sua sponte, then gave the jury a cautionary instruction: Ladies and gentlemen, we're going to have some photographs given to you for your examination of the scene at the Zazzara household. After the jury had been selected and sworn, Prospective Juror Robert D. was examined for selection as an alternate juror. He brought her son from the closet and handcuffed them together to the bed. The survey revealed that 94.3 percent of those who responded had heard of the case and 52.7 percent were able to recall something about defendant, such as that he was a Satanist or that he looked evil or mean.

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