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. [Citation. No. A police officer soon arrived and found Yu breathing but unconscious. The court, however, has no sua sponte duty to instruct the jury not to do so. The Defendant: I don't want to go to no hospital, Ma'am.. 3, 138 Cal.Rptr. You don't understand me. At the urging of the defense, Arce conducted an experiment on a small sample of the registrar of voters and DMV lists, which resulted in an increase from 19 to 26 percent Hispanics when the DMV list was used as the primary list. The court gave the standard sentencing instruction (see CALJIC No. He fails, however, to explain how these instances evince what he describes as ongoing potential conflicts of interest between appellant and trial counsel that required an inquiry by the trial court. We agree. On the carpet and on a tissue, police found shoe prints from an Avia athletic shoe. The trial court properly denied the request because it correctly was concerned that interrupting the jury's deliberations at that point to inquire about the effect of the juror's death would undermine the sanctity of deliberations. Arthur Davidson, Asst. Defendant's confidence in his lawyer is vital to his defense. Turns out, the chief of police had never told her to not release it. Hey, I want a gun to play Russian Roulette. The de novo standard of review applies to our consideration of the five relevant factors: (1) nature and gravity of the offense; (2) nature and extent of the media coverage; (3) size of the community; (4) community status of the defendant; and (5) prominence of the victim. [Citation.]' In counties with more than one court location, the rules shall reasonably minimize the distance traveled by jurors. As noted above, the in camera hearing concluded, and Arturo Hernandez and Daniel Hernandez were substituted as counsel without the court ordering a psychiatric evaluation of defendant. com/lyrics/testament/thelegacy. Learn more about FindLaws newsletters, including our terms of use and privacy policy. I probably, in an attempt not to embarrass Mr. Under the 1978 Death Penalty Law, which governs this case, the only possible penalties are death or life imprisonment without the possibility of parole. We have also stated, however, that a juror's inability to perform as a juror must appear in the record as a demonstrable reality. [Citation.]' The Court Okay. (People v. Turner [(2004)] 34 Cal.4th [406] at pp. 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. Okay. ), The size of the community also militates against granting defendant's request for a change of venue. A screen had been removed from an open bathroom window and was lying on the ground. was asleep or dozing or catnapping or doing something other than paying rapt attention to the proceedings. A trial court should grant a mistrial only when a party's chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review a trial court ruling denying a mistrial. (People v. Bolden (2002) 29 Cal.4th 515, 555, 127 Cal.Rptr.2d 802, 58 P.3d 931.) In several instances, surviving witnesses testified that defendant demanded money or other items of value during the crime. The trial court denied his request to discharge counsel on the grounds that the defendant had not shown that his attorneys were incompetent. The court instructed the jury that in determining the proper penalty it should disregard the instructions given at the guilt phase of the trial and consider any sympathetic or other aspect of the defendant's character or record, adding again, You must disregard any jury instruction given to you in the guilt or innocence phase of this trial which conflicts with this principle. The jurors further were instructed that they were free to assign whatever moral or sympathetic value you deem appropriate to each and all of the various factors you are permitted to consider.. Instead, echoing a claim addressed above, defendant asserts he was denied due process of law under the Sixth and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to inquire into defense counsel's possible conflicts of interest during the penalty phase. We have conducted extensive investigations of the case with him. Defendant initially moved to sever the charges into at least six groups, conceding that the charges involving the Petersen and Elyas A. victims on August 5 and August 8 were properly joined, and that the charges involving the Okazaki, Yu, Doi, Bell, Cannon, Whitney B., Nelson, and Kneiding victims on March 17, May 14, May 29, July 2, July 7, July 5, and July 19 of 1985 were properly joined, but arguing that these two groups of cases should be tried separately and that the charges involving the Sophie D., Carol K., Higgins, and Vincow victims should each be tried separately. Const., art. Launie Dempster, who delivers newspapers, testified that she had seen defendant in a car parked near the Dois' home an hour and a half before the attack. (SPOILER ALERT: Do not read on if you dont want to know what happens in Night Stalker: Searching for a Serial Killer.). Maxine Zazzara, 44, had been shot twice. [Defense Counsel]: And you know that you have a right to take the stand? Accordingly, Dr. Jurors may be particularly reluctant to express themselves freely in the jury room if their mental processes are subject to immediate judicial scrutiny. He further contends that these instructions and argument rendered the penalty determination unreliable, in violation of the Eighth and Fourteenth Amendments to the federal Constitution. She had a puncture wound in her head, two black eyes, and her face was bruised. The instruction was proper: The evidence introduced by the prosecution at the guilt phase of defendant['s] trial was relevant to prove defendant [] guilty of the murders charged in this case. Slightly more than half of the people questioned (51.7 percent) said that [b]ased on what [they had] seen or heard they thought defendant was responsible for the Night Stalker murders, while about a third of those polled (34.7 percent) said they would need more information to make a judgment. We repeatedly have upheld such triple use of the same facts. 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. READ MORE. The jury reasonably could have concluded that defendant intended to steal, but was interrupted when Hernandez unexpectedly opened the garage door and fled. 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 (2000) 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.) Trending. 1692, the trial court denied the defendant's request to substitute counsel because it found that the proposed attorney had an irreconcilable conflict of interest that the defendant was not permitted to waive. Dictionary of American Family Names Patrick Hanks 2003, 2006. Unfortunately, Ramirez didnt spare children. Virginia Petersen later identified defendant at a lineup and at trial. In the present case, defendant did not request such a limiting instruction. The defendant in Rideau was filmed in his jail cell, the morning after his arrest, flanked by two state troopers. In his reply brief, defendant withdrew this contention. His right to decide for himself who best can conduct the case must be respected wherever feasible. (Fn.omitted. (a).) As defendant recognizes, we have repeatedly rejected this contention. Sakina A. later identified defendant at a lineup and identified a television, a videocassette recorder, and several pieces of jewelry that police had recovered from Felipe Solano, who had purchased them from defendant. In Whittier, he cut out Maxine Zazzaras eyes and took them with him. Understanding that, do you wish at this time the opportunity to talk to an independent attorney? (People v. Jenkins (2000) 22 Cal.4th 900, 943, 95 Cal.Rptr.2d 377, 997 P.2d 1044.) Counsel in Ortiz, Daniel Hernandez and Arturo Hernandez, are the same attorneys who represented defendant in this case. 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. In the past, other cases were decided under other laws which are no longer in effect. She was previously married to I am aware of the fact that all of the local news media have given inordinate coverage to this case. We need not, and do not, decide whether defendant validly waived his right to conflict-free counsel because defendant has not shown, and expressly disclaims an intention to show on appeal, that he was denied his right to conflict-free counsel. Florence L. later regained consciousness, but police were unable to communicate with her. 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, Defendant did not object to, or move to quash, the new master list used to select the jury in the present case and thus has forfeited this issue. IMDbPro Starmeter See rank. 269, 790 P.2d 676. Defendant argues that Prospective Juror Robert D. should have been excused for cause because he made it clear that he favored the death penalty as the appropriate punishment and would place a burden on a defendant to prove that death was not the appropriate punishment.. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. You can see Satan on my arm. Defendant moved his shirt sleeve to reveal a pentagram drawn on his left shoulder. In People v. Burgener, supra, 29 Cal.4th 833, 856, 129 Cal.Rptr.2d 747, 62 P.3d 1, we observed that it was uncertain whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, was sufficient to satisfy the second prong of the Duren test. Menu. The relative disparity (3.5 percent divided by 17.5 percent), therefore, was 20 percent. She had multiple bruises, lacerations and contusions on her face. Sakina A. untied her son, called in vain for her husband, and screamed for help. 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. The court instructed the jury, pursuant to CALJIC No. A pentagram had been drawn on Bell's thigh and on the wall near Florence L. Avia shoe prints were found at the scene of the crime and defendant later sold property taken during the crime to Felipe Solano. 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. The court denied the motion at a hearing on September 5, 1989. Nothing in the record before us supports the conclusion that defendant's chances of receiving a fair trial were irreparably damaged. WebMaxine Zazzara (1940-1985) Maxine Zazzara. At the conclusion of the guilt phase of the trial, the court instructed the jury, without objection by defendant, as follows: You may have observed that the defendant has worn restraints while in the courtroom. [T]he reviewing court must independently examine the record and determine de novo whether a fair trial is or was obtainable. [Citation.] In view of the above facts, the court is ordering that both attorneys make full disclosure to Mr. Ramirez of any facts which might bear on their ability to effectively represent him in this case After this disclosure, if there are any made, the court will, if Mr. Ramirez desires, offer him independent assistance to check any information disclosed to him. Florence L. was taken to a hospital, where an examination revealed evidence that she had been sexually assaulted. A shoe print recovered from the kitchen sink near the window was made by an Avia athletic shoe. Earlier on in his killing spree, there were a series of young children being taken from their beds, assaulted, and then abandoned. The trial court did not err in failing to order a competency hearing sua sponte during the penalty phase. Though entitlement to representation by a particular attorney is not absolute [citation], the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best, using any legitimate means within his resources-and that desire can constitutionally be forced to yield only when it will result in significant prejudice to the defendant himself or in a disruption of the orderly processes of justice unreasonable under the circumstances of the particular case [citation]. (Id. 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. He saw the man push Yu away, enter his car, and drive away. 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: To the court inquiry as to the extent of your contract, does it cover through the preliminary hearing? [Citations. A .22-caliber bullet recovered from Ms. Kneiding's brain had been fired from the same gun that fired the bullets that killed Dale Okazaki and Tsai-Lian Yu. While in jail awaiting trial, defendant used his blood to draw a pentagram on the floor and write the number 666. Defendant objected to three coroner's photographs of Lela Kneiding. The court observed that [u]p until this point the questions I have asked Mr. Ramirez he has answered in a logical, intelligent fashion. 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. Menu. As she got up, she heard a muffled loud sound. She ran around to the front of the condominium complex and saw defendant leaving the complex. 720, 807 P.2d 949, disapproved on other grounds in People v. Stansbury (1995) 9 Cal.4th 824, 830, fn. Duplicate names on the DMV list are eliminated by comparing the full last name and the first four letters of the first name on the two lists. Each juror must assign the factors present in this case whatever weight the juror finds to be appropriate. (People v. Heard (2003) 31 Cal.4th 946, 973, 4 Cal.Rptr.3d 131, 75 P.3d 53; People v. Crittenden (1994) 9 Cal.4th 83, 132-133, 36 Cal.Rptr.2d 474, 885 P.2d 887.) 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. I know that. He was sentenced to death but in 2013, he died of cancer in prison, after serving 23 years on death row. Defendant has presented no persuasive reason to reconsider our previous holdings. Defendant expressly does not raise an assignment of error as to counsel's conflicts of interest with respect to the retainer agreements, preferring to raise this issue in a subsequent petition for writ of habeas corpus. Defendant shoved her aside and entered the condominium. Because many members of the Hispanic community share common surnames and first names, Hispanics might be erroneously deleted from the DMV list. They were also concerned he was a copy cat of Charles Manson. You are not expected to. The court appropriately released the jury the day it learned of the juror's murder and resumed deliberations the following day only after observing the jurors' demeanor and inquiring of the jury foreperson whether the jury was ready to resume deliberations. [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. Contact us. That is why-one of the reasons I gave them the day off. To the contrary, we noted that, on remand, the superior court might appoint them as counsel. [Citations. Dr. 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. About an hour after Dale Okazaki was murdered and Maria Hernandez was shot, shortly before midnight on March 17, 1985, Jorge Gallegos was sitting in his parked car with his girlfriend in front of her residence in Monterey Park when his attention was drawn by the sound of two cars applying their brakes. But his murder of Maxine was especially ghastly as hed gouged out her eyes. United States Court of Appeals, Ninth Circuit. We review for abuse of discretion the trial court's determination to discharge a juror and order an alternate to serve. Her face was swollen and bruised. [Citation. omitted.) 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. For that purpose the court has appointed attorney Victor E. Chavez of Los Angeles County.. I also have seen him not quite as attentive as a result of his dozing off. [] I am concerned with the fact that he has surely missed a great percentage of the testimony throughout this trial. As the four-part test is stated in the conjunctive, joinder may be appropriate even though the evidence is not cross-admissible (People v. Ochoa (2001) 26 Cal.4th 398, 423, 110 Cal.Rptr.2d 324, 28 P.3d 78.). When there was no reply, he entered the house through the unlocked door and found Bell and Florence L. Florence L. was lying on her bed in one bedroom. 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. at p. 162, 108 S.Ct. 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. The court imposed a sentence of death. The court then admitted into evidence the two coroner's photographs, stating: I think they are necessary, to identify the victim, and to indicate the wound The body [has] been cleaned up and the great masses of blood have been eliminated, and they are not pretty, either one of them, but I think they are necessary for the purposes of this trial.. Those are matters that must not affect your verdict.. The court noted that although the survey indicated that nearly all of those surveyed had heard of the case, and about half said they thought defendant was responsible based upon what they had heard, the survey did not show that the people polled were predisposed or prejudiced. Mrs. Doi was dressed in a nightgown. The others responded as follows:He was labeled the Night Stalker for midnight breakins.That he is being accused of murder of several women.That there were a number of women murdered.Some knowledge due to the news headlines.Mr. 885, 564 P.2d 1203, defendant argues that the trial court erred in failing to determine that the inference of consciousness of guilt was supported by sufficient evidence. Murder is the unlawful killing of a human being with malice aforethought. (187, subd. The Court: All right. (Note: What you are about to read might be disturbing and upsetting.). This was problematic for investigators because that would mean the killer could just change his shoe, and the lead would go cold. Citing our decision in People v. Hannon (1977) 19 Cal.3d 588, 138 Cal.Rptr. 644, 431 P.2d 228. Explore. The record will so reflect, the defendant has refused to stand, take his glasses off and face my clerk so that the profile could be seen by the witness., At the close of the guilt phase of the trial, the court instructed the jury, over defendant's objection, that defendant's refusal to stand and remove his sunglasses is not sufficient standing alone and by itself to establish the guilt of the defendant, but it is a fact which, if proved, may be considered by you in the light of all other facts in deciding whether defendant is guilty or not guilty. The Night Stalker kept himself under control for almost a year, but on March 17, 1985, at approximately 11:30 P.M., he struck again. The juror's death had no connection to the present case and it is not apparent from the record that anything in the media accounts of the juror's murder would have affected the jury's deliberations. Section 654 does not, therefore, preclude imposition of both the determinate sentences and the death sentences. Sufficiency of Evidence of Second Degree Murder of Yu. She had greater than forty inches of linear lacerations criss-crossing every direction on her head. She had been strangled, which resulted in a fractured larynx, and had black eyes. [Citations.] Defendant further argues that the trial court erred in failing to order a competency hearing sua sponte. Defendant may not raise this issue for the first time on appeal. 1692, 100 L.Ed.2d 140 and People v. Ortiz (1990) 51 Cal.3d 975, 275 Cal.Rptr. (People v. Saunders, supra, 5 Cal.4th 580, 589, 590, 20 Cal.Rptr.2d 638, 853 P.2d 1093.) On November 15, 1989, the court modified the sentence nunc pro tunc to add: The sentences on the noncapital counts are ordered to be consecutive to, and to be served subsequent to, and only upon completion of, the death sentences enumerated above. The Court: All right. The court stated: Her death is tragic and I think we all grieve for her, but what happened to her does not add or diminish anything to the evidence as to whether or not Mr. Ramirez is guilty or innocent of these charges. Both Messrs. Hernandez, I have some question because last time when you left the courtroom, you made some comment about going to see your client, the client obviously being the family. Best of 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. (2d ed.1989) p. She had been shot in the head and neck at close range, stabbed in her neck, cheek, chest, abdomen, and pubic area, and her eyes had been cut out. Conflicts of interest may arise in various factual settings. [Citation.] Hernandez approached the front door of her condominium and found it ajar. He denied that he would always vote to impose the death penalty for first degree murder no matter what the circumstances that led to that conviction. He stated that he would not necessarily be committed from the outset to the imposition of the death penalty.. After finding prints on a stolen car and releasing a mugshot to the public, Ramirez was apprehended after he was subdued by a group of residents and was beaten before cops could step in. We missed him, detective Gil Carrillo said. 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. 608-223-0017. The Night Stalker bought a machete and broke into the house of Lela and Maxson Kneiding. The absolute disparity between that figure (17.5 percent) and the percentage of Hispanics that appeared for jury service (14 percent) was 3.5 percent. 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. In essence, defendant's claim is premature. Her nose was broken and both eyes blackened. 1. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. For the reasons that follow, the judgment is affirmed. You heard the description of the wounds that she suffered and these photographs do depict those wounds. 2531, 159 L.Ed.2d 403, alter this conclusion (People v. Cornwell (2005) 37 Cal.4th 50, 103, 104, 33 Cal.Rptr.3d 1, 117 P.3d 622.). 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. Several hours later, she awoke lying facedown on her bed covered with blood. Defendant was an amateur burglar. She [Citations. ] (People v. Lewis, supra, 25 Cal.4th 610, 676, 106 Cal.Rptr.2d 629, 22 P.3d 392; People v. Blair (2005) 36 Cal.4th 686, 737, 31 Cal.Rptr.3d 485, 115 P.3d 1145.) Arturo Hernandez: We realize that, your honor, and we are willing to undertake that risk. The court stated that it had conducted an extensive examination of the attorneys which the defendant desires to have substituted in as the retained counsel. Noting that defendant had the right to retain counsel of his choice, the court stated that it is important the defendant be fully informed regarding his choice of counsel at this point rather than to have serious questions arise later which could result in even greater delay. (Cf. This argument is based upon a faulty premise. Proc., 233, 234.) In order to preserve an issue for review, a defendant must not only request the court to act, but must press for a ruling. The temperature of the victim's liver indicated she had been dead only a couple of hours, but that estimate may have been inaccurate, because the body had been covered and the room may have been warm. On the morning of July 2, 1985, a neighbor, Frank Starich, noticed that a window screen was lying on the front porch and her newspaper was in the driveway. 12, 127 Cal.Rptr. Defendant also requested two special instructions regarding mitigating factors. On September 2, 1985, a guard saw defendant in his jail cell bleeding from his right palm. The jury reasonably could have concluded that defendant abandoned his plan to steal in order to flee and avoid apprehension. 204.) Relevant evidence means evidence having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. (Evid.Code, 210.) Although several of the photographs certainly are gruesome, especially the photograph of Maxine Zazzara with her eyes cut out, they were not unduly so. 191, 800 P.2d 547, defendant argues that the trial court violated its positive, sua sponte duty under the Sixth Amendment of the federal Constitution and article I, section 15 of the California Constitution to ensure that appellant would be represented by qualified, effective counsel by granting defendant's request to substitute counsel. When the door to the condominium closed behind defendant, Hernandez opened the garage door and fled. She raised her hand to shield her face and said something like don't or stop. Defendant approached within a few feet and fired the gun.