(People v. Waidla (2000) 22 Cal.4th 690, 713, 94 Cal.Rptr.2d 396, 996 P.2d 46.). Give me your gun, I'll take care of myself. Decided Aug. 25, 1980. Her body was on the bed with her feet at the head of the bed. 735-736, 139 P.3d at pp. Polo rang the doorbell and called out Vincents name, but received no response. This court fully recognizes that the defendant has the right to retained counsel of his choice at all stages of the proceedings against him. His right to decide for himself who best can conduct the case must be respected wherever feasible. (Fn.omitted. L[. Defendant was arrested on August 31, 1985, and the felony complaint against him was filed on September 3, 1985. The court dismissed the juror, replaced him with one of the alternate jurors, and instructed the jury to begin its deliberations anew. The defendant in Mickens claimed he had been denied effective assistance of counsel because his appointed attorney earlier had represented the murder victim on a juvenile matter. WebKettle Creek North Address 1300 Hemlock Drive Verona, WI 53593. Other factors, particularly the degree of rigor mortis, indicated the victim had been dead for anywhere from six to eight hours, up to as long as 72 hours. Jack Vincow had seen his mother alive approximately 24 hours earlier, however, when he had visited her the previous afternoon. The Night Stalker bought a machete and broke into the house of Lela and Maxson Kneiding. ] (People v. Cleveland (2001) 25 Cal.4th 466, 475, 106 Cal.Rptr.2d 313, 21 P.3d 1225.) The jury was instructed:In determining which penalty is to be imposed on the defendant, you shall consider all of the evidence which has been received during any part of the trial of this case, except as you may be hereafter instructed. The victim later identified defendant at a lineup and identified several pieces of jewelry that police had recovered from Felipe Solano, who had purchased the items from defendant. She said, please don't shoot me again and he lowered the gun and ran away. 699-702, 139 P.3d at pp. He took jewelry, money, and a videocassette recorder and left. We disagree. The court denied the prosecutor's request to stay the determinate sentence pending execution of the death sentence, but ordered that the determinate sentence be served after the death sentence was imposed. WebMaxine Zazzara was born on 15 May 1940 in Arkansas, USA. Defendant introduced evidence that participation in Neighborhood Watch programs probably doubled while the murders were occurring. Gun sales tripled, returning to normal after defendant's arrest. But defendant forfeited this issue by failing to object to the trial court's selection of the relevant community. The court later instructed the jury that in determining the penalty it should consider The age of the defendant at the time of the crime. Defendant was 24 years old at the time of the first charged crime. Just over 10 percent of those polled said they had taken special precautions. Her face was swollen and bruised. Defendant claims that he was denied the right to conflict-free counsel in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to conduct an adequate inquiry into whether his attorneys suffered from a conflict of interest stemming from their retainer agreement with defendant's family. ), Defendant cites no case, and we are aware of none, in which a conviction was reversed because the court granted the defendant's request to substitute counsel. 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.) We have suggested that in appropriate circumstances' a trial court may be required to give a requested jury instruction that pinpoints a defense theory of the case But a trial court need not give a pinpoint instruction if it is argumentative [citation] [or] merely duplicates other instructions [citation] (People v. Bolden, supra, 29 Cal.4th 515, 558, 127 Cal.Rptr.2d 802, 58 P.3d 931.) I am beyond your experience. 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.] The third and fourth murders took place at the Whittier home of Vincent and Maxine Zazzara. We have fully discussed with him on several occasions our background, and he is satisfied and he is willing to undertake our retainment in this case. The court accepted defendant's waiver. Each juror must assign the factors present in this case whatever weight the juror finds to be appropriate. Daniel Hernandez: Yes. See below for 10 of the most shocking facts presented in the docuseries, available on Netflix now. Paul Strand, Ph.D., testified for defendant that during the last week of November, 1986, he conducted a telephone survey of 300 persons who were eligible to be prospective jurors, using a computer program that generates random telephone numbers. Actually, I believe it was Tuesday, right before lunchtime, I believe about 11:30, he was sitting there and we're carrying on our normal deliberations, and you know, you could see he was nodding and then he just stood there, I would say about maybe a good four to five minutes maybe. Legions of the night,[13 ] night breed, repeat not the errors of night prowler and show no mercy. If there is any substantial evidence supporting the trial court's ruling, we will uphold it. All rights reserved. They were also concerned he was a copy cat of Charles Manson. The trial court denied defendant's motion to sever some of these counts and try these charges in eight separate trials. 113-114.) how old is toby perlman; tas police accident report; what happens if a player gets injured fanduel 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. Arturo Hernandez represented that defendant had entered into a written contract retaining him and Daniel Hernandez as his attorneys. Deputy Public Defender Allen Adashek, who was appointed to represent defendant soon after his arrest, testified regarding the circumstances of the lineup in which defendant was identified by several of the victims. 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. 191, 800 P.2d 547.) We have conducted extensive conversations with him. 2557.) Defendant may not raise this issue for the first time on appeal. [Citation.] I just want to make perfectly sure you understand. In addition, her throat had been slit ), Defendant relies upon our decision in People v. Beeler (1995) 9 Cal.4th 953, 986-991, 39 Cal.Rptr.2d 607, 891 P.2d 153, in which the father of one of the jurors died while the jury was deliberating in the penalty phase of a capital trial. 339, 651 P.2d 1145.) As you are aware I am sure, he tends to catnap during the day. Defendant fails to explain how either of these cases has any relevance to the present case. The PEOPLE, Plaintiff and Respondent, v. Richard RAMIREZ, Defendant and Appellant. ), Defendant asserts that the prosecutor in closing argument in effect told the jury to double-count the special circumstances. To the contrary, the prosecutor expressly told the jury not to do so. I'd rather die than spend the rest of my life in prison. Although the trial court overruled defendant's objection and ruled there was no significant disparity in the percentage of Hispanics, the office of the jury commissioner adopted defendant's request to improve the method by which duplicate names were eliminated, which resulted in a significant increase in the percentage of Hispanics on the new master jury list that was used to select defendant's jury. These things happen., On August 11, 1989, the 13th day of guilt phase deliberations, the trial court informed counsel that it had received from the jury foreperson a note that read: Your Honor, Fellow jurors have brought it to my attention that juror #3 Mr. Robert L.] has fallen asleep on two occasions during our deliberations. 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. 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. He entered and encountered Yuriko Lillie Doi in a nightgown who motioned toward her husband, William Doi, who was sitting in a chair in the den by a telephone; he was unconscious and breathing with difficulty. Defendant left and they called the police. March 27, 1985: Vincent Charles Zazzara and Maxine Levenia Zazzara were both shot. United States Court of Appeals, Ninth Circuit. at p. 527, 262 Cal.Rptr. He went into the bedroom and shot her husband, Chainarong, in the head, killing him. Q. [Citations. Proc., 233, 234.) He later asked Salerno and Carrillo if they would be attending his execution. The high court held that the defendant was denied due process, concluding that it was a denial of due process of law to refuse the request for a change of venue, after the people of Calcasieu Parish had been exposed repeatedly and in depth to the spectacle of Rideau personally confessing in detail to the crimes with which he was later to be charged because the televised spectacle of the defendant confessing to the crimes rendered his subsequent trial but a hollow formality. (Id. (People v. Carter (2005) 36 Cal.4th 1114, 1166, 32 Cal.Rptr.3d 759, 117 P.3d 476. U. S. Whether a further inquiry was appropriate is a matter within the sound discretion of the trial court, which was in the best position to observe the jury. ), 13. She had been shot twice in the chest at close range and was pronounced dead at the hospital. Dresser drawers were open and clothes had been thrown around the room. The defense did not contest that defendant was a burglar. Defendant personally waived his right to testify in his own behalf and stated that he agreed with his counsel's decision not to present any additional evidence at the penalty phase. Inmate Mailing Address: Inmate Name, ID Number Oakhill Defendant introduced evidence that 14 percent of the persons who appeared for jury service identified themselves as Hispanic. And also I believe Wednesday after lunch, you know, we returned from lunch, we were sitting there right around maybe little bit about two o'clock, you know, I made a mental note of it, and he was sitting there. She screamed and her neighbor, Jose Burjoin, responded and ordered defendant to leave. As we have noted regarding allegations regarding individual jurors: The decision whether to investigate the possibility of juror bias, incompetence, or misconduct-like the ultimate decision to retain or discharge a juror-rests within the sound discretion of the trial court. Dictionary of American Family Names Patrick Hanks 2003, 2006. About 3:30 a.m. that same morning, July 7, 1985, Sophie D. awoke in her home in Monterey Park before dawn when the bedroom light went on. The victims' wounds tended to prove, among other things, the kind and degree of force used on the victims. (People v. Crittenden, supra, 9 Cal.4th 83, 134, 36 Cal.Rptr.2d 474, 885 P.2d 887.) Heinrichs Development 702 N High Point Rd Ste 200 Madison, WI 53717 info@kettlecreekverona.com. He argues that these strong counts should not have been joined with the weak counts involving Bell, Florence L., Cannon, and Nelson in which there was either no identification evidence or at best weak physical evidence that only tenuously linked appellant to the crimes. These charges can hardly be described as weak. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. Const., art. On July 25, 1989, during the closing arguments of counsel, one of the jurors sent the court a note that read as follows: As a seated juror in this case, I must state my concern regarding juror #3, Mr. 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. (People v. Ewoldt (1994) 7 Cal.4th 380, 403, 27 Cal.Rptr.2d 646, 867 P.2d 757. She had a puncture wound in her head, two black eyes, and her face was bruised. In counties with more than one court location, the rules shall reasonably minimize the distance traveled by jurors. Mr. 503, 781 P.2d 537, which was filed the year after the trial court ruled in the present case, defendant argues the trial court erred in using the area within a 20-mile radius of the courthouse as the relevant community. And by then, investigators knew Ramirez was watching the news, because he told a surviving victim, I am the Night Stalker.. Those are matters that must not affect your verdict.. Weeks opined that the disparity between the percentage of Hispanics available for jury service and the percentage that appeared for service was caused by the jury commissioner's use of records from the registrar of voters to compile a primary list. The court instructed the jury that [t]he weighing of aggravating and mitigating circumstances does not mean a mere mechanical counting of factors on each side of an imaginary scale, or the arbitrary assignment of weights to any of them. On May 14, 1985, about 5:00 a.m., a police dispatcher received a 911 call from a residence in Monterey Park. 83, 759 P.2d 1260.) WebVincent and Maxine Zazzara Richard invaded the Zazzara home. IMDbPro Starmeter See rank. So long as it considered the evidence offered at the guilt phase of trial solely for this purpose, the jury was entitled to take into account all of the evidence offered at the guilt phase as part of the circumstances of the crime, an aggravating factor that the jury may consider in its penalty deliberations. (See Wheat v. United States, supra, 486 U.S. 153, 161, 108 S.Ct. Defendant contends that trial counsel withdrew the requested instruction only in response to the court's request, adding that trial counsel obeyed the court and withdrew the instruction. But the court did not order trial counsel to withdraw the request, it merely asked him to do so after explaining why the court concluded the proposed instruction was improper. Defendant argues that the effect of numerous errors committed during the guilt phase of the trial rendered the penalty determination unreliable. (People v. Ochoa (1998) 19 Cal.4th 353, 409, 79 Cal.Rptr.2d 408, 966 P.2d 442.) The car was running with the transmission in reverse. ), As also noted above (ante, 46 Cal.Rptr.3d at p. 704, 139 P.3d at p. 87), defendant's behavior did not raise a question as to his ability to understand the nature of the proceedings or assist counsel in his defense. On August 14, 1989, the jury was unable to begin deliberations because one of the jurors, Phyllis Singletary, failed to appear. While being pulled over, Ramirez heard a broadcast of his kidnapping attempt on the cops radio and drew a pentagram on the hood of his stolen car and began running. 19, 106 Cal.Rptr.2d 575, 22 P.3d 347. 1507, 16 L.Ed.2d 600.) A defense pathologist testified that Yu's injuries were consistent with her having been shot while seated in her car. Defendant argues that trial counsel withdrew the requested instruction only in response to the court's request, adding that trial counsel obeyed the court and withdrew the instruction. But the court did not order, or even ask, trial counsel to withdraw the request, it merely observed that the proposed instruction did not appear to pertain to any evidence introduced at trial. com/lyrics/testament/thelegacy. Citing Rideau v. Louisiana (1963) 373 U.S. 723, 83 S.Ct. [Defense Counsel]: And you know that you have a right to take the stand? Upon examination by the People, the prospective juror acknowledged that he would weigh and consider the evidence presented and base his decision on that evidence and would not vote automatically for anything. Maxine Zazzara Tsai-Lian Yu Jennie Vincow 2. In order to establish a prima facie violation of the fair-cross-section requirement, the defendant must show (1) that the group alleged to be excluded is a distinctive group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process. (Duren, supra, 439 U.S. at p. 364, 99 S.Ct. 692, 809 P.2d 351. 8. The jury returned a verdict of death at 11:00 a.m. Defendant asserts that the joinder of the charges resulted in gross unfairness and deprived him of a fair trial. Sakina A. untied her son, called in vain for her husband, and screamed for help. Bell was lying on the floor next to the bed in another bedroom with a table on her chest. An associate of defendant's later testified that the cap looked like one defendant wore. (a)), five counts of attempted murder (187/664), four counts of rape (261, former subd. Accepting defendant's position would further delay for decades the imposition of the death sentences. 3. Defendant further asked the court to instruct the jury that the list of aggravating factors is exclusive: I have previously read to you the list of aggravating circumstances which the law permits you to consider if you find that any of them is established by the evidence. The trial court conducted an extensive hearing on the motion, which spanned two months. Thats a pretty sick individual. Indeed, he would help himself to food and drinks in the kitchen after his crime. The bodies of Vincent Zazzara, 64, and his wife Maxine, 44, were found by a business acquaintance in their ranch-style Whittier home on the morning of March 29. He brought her son from the closet and handcuffed them together to the bed. 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. 4. We recognized in Ortiz the value we place on allowing defendants to defend themselves as they deem best, absent prejudice to themselves or unreasonable delay in the processes of justice and the importance of the right to counsel of choice and the sensitive nature of the relationship between a criminal defendant and his lawyer. (Id. Defendant did ask the court to instruct the jury that the list of aggravating factors is exclusive, but, as discussed above, the court properly refused to so instruct the jury. The Court: I think this is an area that I would not and in fact I am bound not to bring forth unless the jury itself raises the question during their deliberations. But I have not said he is guilty or innocent.. Because the statutory requirements for joinder were met, defendant can establish error only on a clear showing of prejudice. at p. 293, fn. On the morning of August 31, 1985, Manuela Villanueva was sitting in her parked car when defendant ran up and demanded her car keys. I will have to judge each case by its own merits.. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. She ran out of the car and called for help. Defendant asserted that unsequestered voir dire increased the juror's exposure to prejudicial pretrial publicity. Since this time they have come back and they have, in my opinion, based on my observations, resumed their usual demeanor and apparent cheerfulness and ability to get about their business, and I think that is important to remember This court has had nothing that would put it on notice, either by the jury or by its own observations, that would indicate that this jury is not able to continue on with its deliberations. Now, you must not allow yourselves to become inflamed against the defendant or any party to this lawsuit simply because these photographs are being shown to you. The court denied the motion at a hearing on September 5, 1989. They never were able to find the shoes after that. On March 28, 1985, about 8:30 p.m., Polo went to the home that Vincent Zazzara shared with his wife Maxine to deliver the day's receipts from the restaurant and ] (People v. Panah, supra, 35 Cal.4th 395, 447, 25 Cal.Rptr.3d 672, 107 P.3d 790. at p. 476, 106 Cal.Rptr.2d 313, 21 P.3d 1225. 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. Section 954 imposes no sua sponte duty of severance on trial courts. Defendant contends he was denied his right to due process and to a reliable determination of penalty under the Eighth and Fourteenth Amendments to the federal Constitution because the court instructed the jury in accordance with CALJIC No. 10. Defendant's photograph appeared in the newspaper the next morning. ] (People v. Maury, supra, 30 Cal.4th 342, 395, 133 Cal.Rptr.2d 561, 68 P.3d 1. WebMaxine Zazzara (1940-1985) Maxine Zazzara. On November 7, 1989, defendant Richard Ramirez was sentenced to death for the so-called Night Stalker murders following his convictions of 12 counts of first degree murder (Pen.Code, 187, subd. 83, 759 P.2d 1260.). But the court's determination that physical restraints are needed will not be overturned on appeal except on a showing of a manifest abuse of discretion. (Id. ] (People v. Williams (1997) 16 Cal.4th 635, 667, 66 Cal.Rptr.2d 573, 941 P.2d 752.) 191, 800 P.2d 547.) Investigators were close to apprehending Ramirez several times. WebZazzara Vincent Charles Italian (Sicily): habitational name from the port of Mazzara del Vallo on the west coast of Sicily, which takes its name from the Mazzaro river. Weeks also pointed out that the process of eliminating duplicate names from the two lists was inaccurate, because only the exact last name and the first four letters of the first name were compared. 2348, 147 L.Ed.2d 435, Ring v. Arizona (2002) 536 U.S. 584, 122 S.Ct. 7. In the process of finding the shoe to match it, investigators found out it was an Avia-brand shoe, an uncommon one at the time. (People v. Massie (1998) 19 Cal.4th 550, 570, 79 Cal.Rptr.2d 816, 967 P.2d 29, and cases cited therein.) 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. These are the only aggravating circumstances that you may consider. You shall therefore give any age-related factors and argument consideration in arriving at a judgment as to penalty.. The Court: Mr. Hernandez, you are making an issue of it. It now appears that several jurors have indicated that-to the foreman that he has-or has fallen asleep. 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. 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. This morning, however, the issue is whether or not he is going to be restrained with shackles on his legs or with a more or less invisible leg brace and which is it to be? After some discussion about whether both photographs depicted the same wound, at the court's suggestion, the prosecutor withdrew one of the photographs and the court admitted into evidence the other photograph. Eventually, the court released the jury for the day and instructed them to return the following day, telling them the court was attempting to find out what exactly is going on with juror Singletary. The court admonished the jury, stating: Please do not concern yourself with this. L[.]. The house had been ransacked. But his murder of Maxine was especially ghastly as hed gouged out her eyes. 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. One time, he attempted a kidnapping but it failed, and while he was driving away he committed a traffic violation and a cop saw it happen. (Griffin, supra, 33 Cal.4th at p. 558, 15 Cal.Rptr.3d 743, 93 P.3d 344.) To the contrary, defendant presented testimony from a convicted burglar that she had committed burglaries with defendant. Please look through the Manual of Style and editing guidelines, before you start contributing, to follow proper page structure. at pp. An ambulance arrived and took him to the hospital where he was pronounced dead. In a subsequent pleading, defendant argued the charges should be tried in eight different trials involving the following groups of victims: (1) Petersen and Elyas A. on August 5 and 8, 1985; (2) Okazaki and Yu, on March 17, 1985; (3) Zazzara and Chainarong K. on March 28 and July 19, 1985; (4) Higgins7 ; (5) Vincow on June 27, 1984; (6) Bell, Doi, Cannon, Whitney B., Nelson, and Kneiding on May 14 and 29, and July 2, 5, 7, and 19 of 1985; (7) Sophie D. on July 7, 1985; and (8) Carol K. on May 30, 1985. Having viewed the photographs, we conclude, for the reasons that follow, that the photographs were properly admitted into evidence. 6. On May 9, 1985, an intruder entered a house in Monrovia by removing louvers from a kitchen window and climbing onto a patio chair that had been placed against the wall beneath the window. That is an avenue I think that has to be explored one way or another., The next month, on March 24, 1987, the court spoke to defense counsel about when they were going to file a severance motion and then added: The 1368 and related issues I would also like you to consider.
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