The trial court did not err in granting defendant's request to substitute counsel. Dempster returned about 15 minutes later and noticed the car remained but defendant was gone. We described the right of a criminal defendant to counsel and to present a defense as among the most sacred and sensitive of our constitutional rights and cautioned that the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best. (Id. On April 14, 1986, during the preliminary hearing in municipal court, defense counsel requested that we be allowed to talk to you in chambers and without the presence of the prosecutor regarding a request by defendant not to attend the preliminary hearing. Their names are Adam Casas, L Casas, and three others. Based upon the 1980 census as well as data compiled by California State University, Dr. 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. Welcome to the Serial Killer Database. the benefit of a reasonable doubt prior to today with regard to his attentiveness it now is quite clear that good cause exists to excuse him because of his sleeping.. 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]. [Citations. During jury deliberations at the guilt phase of the trial, the trial court discharged Juror Robert L., over defendant's objection, after receiving information from the jury foreperson that the juror had fallen asleep on two occasions. We have done a tremendous amount of work with him. ]: I don't think I could say in every case. This appeal is automatic. Her throat had been slashed almost from ear to ear. It appeared she may have been sexually assaulted. Her skull had been fractured; the injury could have been caused by a hammer. After Maxine died, Richard mutilated her body with a knife and gouged out her eyes. 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. He later asked Salerno and Carrillo if they would be attending his execution. 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. One of the only trails investigators had was a shoe print he left in a flower bed in one of his earlier murders. This holding in Hovey was abrogated by the passage of Proposition 115. WebVincent C. ZAZZARA, etc., Defendant-Appellant. 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. You know I'm a killer, so shoot me, I deserve to die. Accepting defendant's position would further delay for decades the imposition of the death sentences. Hernandez summoned the police. Defendant contends that the trial court erred in denying his request for four of the refused instructions and two that he withdrew, in violation of his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. It is something that you simply must not allow to interfere with your deliberations. The court added: And again, please do not expose yourself to any news media representation about this case., Shortly before 10:00 a.m. the following day, the court informed the jury that Juror Singletary had been shot to death for reasons unrelated to the present case. An abuse of discretion may be found when the trial court's ruling falls outside the bounds of reason. [Citation. This court cannot guarantee that such result will not happen anyway; it can only attempt to safeguard against it. The court stated that it had informed Mr. Ramirez that neither Daniel Hernandez nor Arturo Hernandez have the legal experience which would qualify them to be appointed by this court to represent him in this case, nor do either attorney meet the qualifications set forth by the Los Angeles County Bar for the indigent criminal defense appointment panel.. 1, 778 P.2d 129.) A criminalist testified that it was uncertain whether semen collected from Sakina A. could be matched to defendant. The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft, supra, 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.). On the carpet and on a tissue, police found shoe prints from an Avia athletic shoe. 339, 651 P.2d 1145.) The Defendant: It exists, but I feel there will be no conflict. Nearly a year after his arrest, on July 21, 1986, following the preliminary hearing, defendant filed a motion for change of venue. ] (People v. Cleveland (2001) 25 Cal.4th 466, 475, 106 Cal.Rptr.2d 313, 21 P.3d 1225.) [Citation. [Defense Counsel]: And you know that you have a right to take the stand? 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. Defendant's failure to press the court for a ruling deprive[ed] the trial court of the opportunity to correct potential error. (People v. Morris (1991) 53 Cal.3d 152, 195, 279 Cal.Rptr. In the other bedroom, Florence L.'s wrists had been bound using an electric cord and her ankles were taped together. He forced her to kneel with her head on the bed and covered her head with a pillow. (People v. Ochoa, supra, 26 Cal.4th 398, 426, 110 Cal.Rptr.2d 324, 28 P.3d 78.). At a subsequent autopsy, a .22-caliber bullet was retrieved from Okazaki's skull. 191, 800 P.2d 547.) On January 20, 1988, defendant filed a motion to quash all existing jury panels on the ground that Hispanics were systematically underrepresented on the jury venire.8 An evidentiary hearing spanning several days was held in April and May, 1988. Sources (0) There are no historical documents attached to Vincent Charles. [Citation.] Thats a pretty sick individual. Indeed, he would help himself to food and drinks in the kitchen after his crime. Evidence that does no more than form the basis for speculation regarding possible current incompetence is not sufficient. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. WebMaxine Zazzara (1940-1985) Maxine Zazzara. As noted above, Hernandez testified that on March 17, 1985, about 11:00 p.m., defendant followed her into her garage and shot her as she was about to enter the condominium she shared with Okazaki. Although we held that the trial court did not abuse its discretion in ordering the jury to resume deliberations, defendant in the present case relies upon our added observation: We do not suggest that a more detailed inquiry by the court would have served no purpose. (Id. No error appears. 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. Post Author: Post published: March 14, 2023 Post Category: the opportunity cost of a particular activity Post Comments: toshiba fire tv manual 43lf421u21 toshiba fire tv manual 43lf421u21 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? Arturo Hernandez: It covers through the trial, your Honor, and any post-trial remedies that my client may have. 8. This contention is meritless. As defendant recognizes, we have repeatedly rejected this contention. Best of 2022 Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. [Citations. When Ramirez killed the accountant Peter Pan in his San Francisco home in 1985, evidence of the crime made it all the way up to then-Mayor Dianne Feinstein, which would be a tipping point in the investigation. I would prefer the leg brace; however, at this point this morning I think my client's position is that he should have neither. The court stated: I think that in view of the history of this case, and some of the statements made by Mr. Ramirez, that restraint is required in this case. The court, however, asked defendant whether he wanted a hearing on this issue, adding: I'd be happy to have a hearing on the issue. (People v. Panah, supra, 35 Cal.4th 395, 449, 25 Cal.Rptr.3d 672, 107 P.3d 790; People v. Coffman and Marlow, supra, 34 Cal.4th 1, 46, 17 Cal.Rptr.3d 710, 96 P.3d 30; People v. Jenkins, supra, 22 Cal.4th 900, 944, 95 Cal.Rptr.2d 377, 997 P.2d 1044.) During his testimony regarding the murder of Tsai Lian Yu, eyewitness Jorge Gallegos identified defendant, but added the observation, he's just a little different, explaining, his hair is just a little longer. On cross-examination, the following exchange occurred: [Defense Counsel]: the man at the trial looks different than the man you saw that night. The victim repeated her identification of defendant at trial. 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. As defendant acknowledges, we previously have rejected this contention. 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. Catherine is related to Julie Odonnell Wright and Gloria L Wright as well as 2 additional people. 81, 9, p. Outside the window, the police found footprints from an Avia athletic shoe. [Citation. Some people in the crowd were holding the newspaper with defendant's photograph on the front page. [Defense Counsel]: You know you have a right not to take the stand? March 27, 1985: Vincent Charles Zazzara and Maxine Levenia Zazzara were both shot. On September 2, 1985, a guard saw defendant in his jail cell bleeding from his right palm. The offenses with which defendant was charged occurred between June 27, 1984 and August 8, 1985. On the afternoon of June 28, 1984, Jack Vincow arrived at his elderly mother's apartment in Los Angeles and was surprised to find the screen missing from her open living room window and the front door unlocked. Defendant argues that he was denied his rights to due process and to trial by a fair and impartial jury under the Sixth, Eighth, and Fourteenth Amendments to the federal Constitution because the trial court failed to conduct an adequate inquiry and declare a mistrial following the murder of a juror. Its headlights were on and the driver's side door was open. 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. 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. Defendant proposed 10 special jury instructions during the penalty phase. As we explained in People v. Bittaker (1989) 48 Cal.3d 1046, 1087-1088, 259 Cal.Rptr. To return a judgment of death, each of you must be persuaded that the aggravating circumstances are so substantial in comparison with the mitigating circumstances that it warrants death instead of life without parole. We need not, and do not, decide whether the trial court was correct that these proposed special instructions on mitigating factors were argumentative because, in any event, the trial court properly denied the requested instructions because they duplicated the court's instructions. On September 3, 1985, a felony complaint was filed against defendant and the public defender was appointed as counsel. Again I'm not trying to jump in and tell you guys how to run your ship. That person was apprehended and questioned, but then released. Polo rang the doorbell and called out Vincent's name, but received no response. On October 24, 1985, during defendant's arraignment in municipal court, defendant turned to the audience, raised his hand, and said, Hail Satan. A pentagram and the number 666 appeared on defendant's palm. We have conducted extensive investigations of the case with him. Under these circumstances, the court did not err in denying defense counsel's motion to appoint a psychiatrist to evaluate defendant. Mr. I also have seen him not quite as attentive as a result of his dozing off. As noted above, defendant argues that the trial court erred in granting his request to substitute counsel, but the cases he cites do not support his assertion that the trial court had a sua sponte duty to ensure that he would be represented by qualified, effective counsel. 476. ] (People v. Taylor (2001) 26 Cal.4th 1155, 1180, 113 Cal.Rptr.2d 827, 34 P.3d 937; People v. Earp (1999) 20 Cal.4th 826, 899, 85 Cal.Rptr.2d 857, 978 P.2d 15. She [Gallegos]: Yes, I would like to see his profile without glasses and also from behind. Garden of 1507, 16 L.Ed.2d 600.) [Citation.] Peter Zazzara's father Vincent and step-mom Maxine were brutally murdered by Richard Ramirez in their ranch-style home in Whittier, Los Angeles, on March 27, Because the statutory requirements for joinder were met, defendant can establish error only on a clear showing of prejudice. In response to questioning by defense counsel, the prospective juror agreed that he was a strong supporter of the death penalty, rating his support as eight on a scale of 10. ), 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. (People v. Thomas (1992) 2 Cal.4th 489, 524, 7 Cal.Rptr.2d 199, 828 P.2d 101.) Whether the trial court erred in admitting into evidence the challenged photographs of the murder victims depends upon two factors: (1) whether the photographs were relevant, and (2) whether the trial court abused its discretion in determining that the probative value of each photograph outweighed its prejudicial effect. Polo rang the doorbell and called out Vincents name, but received no response. The defendant in Rideau was filmed in his jail cell, the morning after his arrest, flanked by two state troopers. Accordingly, defendant has not preserved this claim for review. You guys got me, the Stalker. No, he does not look the same. It also has been brought to the court's attention that there is presently pending in Superior Court of Santa Clara County a hearing set for November 12 in the case of People versus Pinon where the district attorney's office has asked the court for-has asked for monetary sanctions against Mr. Daniel Hernandez for his failure to appear at the hearing in the Pinon case. ] (Ibid.) 1237, 152 L.Ed.2d 291 (Mickens).) 1708, fns. Mr. Doi, who was 65 years old, had been shot in the head with a .22-caliber bullet fired from a Jennings semiautomatic pistol that later was recovered from Jose Perez, a convicted felon who had obtained the gun from defendant.
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