(h).)
Roy Norris and Lawrence Bittaker, known as "the Toolbox Killers," recorded the torture of their victims through photos and tapes. "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. 3d 211, 219 [127 Cal. 3d 264, 309-310 [168 Cal. Defendant signed autographs for other prisoners using that nickname. 393, 528 P.2d 1].)
Include gps location with grave photos where possible. Notify me of follow-up comments by email. FN 18. Your Scrapbook is currently empty. 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. 25 The critical question is whether Gage properly declared that she could act impartially and fairly. Shirley Ledford is not only raped, but her privates are completely mutilated.
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. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. The court replied, " that's true. "If you were to give a percentage to it, if you said 50.1 percent of the evidence pointed to aggravating circumstances and 49.9 pointed to mitigating circumstances, then you'd still have to impose a sentence of death. You are only allowed to leave one flower per day for any given memorial. (Ibid.) 541-542, fn. granted (1989) ___ U.S. ___ [104 L. Ed. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. Which memorial do you think is a duplicate of Shirley Ledford (6681995)? Section 1076 is not directly in point, since Staggs was not so much prejudiced against the defendant as she was against the offense itself. (b) Tapes, photographs, and other physical evidence.
The prosecution did not introduce the book in its case-in-chief, but made use of it, over defense objection, in cross-examining defendant. Rptr.
Under the circumstances of this case, however, there is no significant danger that the jury would impute Norris's admitted guilt to defendant. He also called Dr. Tronkman, a psychiatrist, who testified that defendant may have committed the 1974 assault while in an altered state of consciousness. The court's ruling was apparently based on those grounds. The provision in the agreement providing for judicial review to determine whether the district attorney abused his discretion is troubling. 11. He started to say "that's the type of question that you " but the judge interrupted and sustained the objection.
534, convinces us that the rule itself should be abandoned. Defendant and Norris picked them up in defendant's van. Norris got out and pretended to be repairing it. App. The victim identified defendant and described the car.
Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from FN 8. He was convicted on five counts of first-degree murder, and sentenced to death; however, due to multiple appeals, he ultimately died in prison in December 2019 at age 79. They did not know the nature of the felony. The prosecutor returned again and again to this topic, asking defendant nine times where the photographs were; each time defendant refused to reveal their location. [38] The trial court instructed the jury that it could find first degree murder based on the infliction of torture if two requirements were met: "(1) the act or acts which cause the death must involve a high degree of probability of death, and (2) the defendant must commit such act or acts with a wilful, deliberate and premeditated intent to inflict extreme and prolonged pain." This would have enabled his attorney to research Douglas's background, prepare for his testimony and assess whether they should have modified the defense strategy in light of Douglas's expected testimony. Under this language, it is clear that if a jury actually found a 50.1 to 49.9 percent balance in favor of aggravation, it could properly refuse to impose a [48 Cal. This browser does not support getting your location. FN 25. Please enter your email and password to sign in. If the only problem was the prosecutor's misstatement of the evidence -- his assertion that Norris's 1976 conviction was for rape by threat, when the record was silent on the point -- the matter could have been redressed by timely admonition. (P. "Now obviously I don't think in this case that it's even close. medianet_crid = "114740316";
", FN 11. Ledford was their final victim. He [48 Cal. You can explore additional available newsletters here. THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE SIGMOND BITTAKER, Defendant and Appellant, (Opinion by Broussard, J., expressing the unanimous view of the court.). They then threw the body into the bushes. Try again. (See Ross, supra, 487 U.S. at p. 88 [101 L.Ed.2d at p. 90, 108 S.Ct. 3. Defendant's argument mistakenly assumes that his consent was essential to the validity of the seizure of the manuscript. 777, 366 P.2d 33] and People v. Ketchel, supra, 59 Cal.
We will review the memorials and decide if they should be merged. Rptr.
77, 655 P.2d 279]. FN 19. In adopting this standard to measure reversible error, we follow our recent decision in People v. Coleman (1988) 46 Cal. Instructions that Norris was an accomplice. 121, 754 P.2d 168, A.L.R.4th 1507], concerned a different situation. Use of this site constitutes acceptance of our, Press J to jump to the feed. fn. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. [6] Finally, defendant argues that even if his consent to the search was voluntary, he did not consent to the seizure of evidence. Defendant testified that he never saw them again. Prosecution witnesses were equally tainted: the jury learned of Norris's prior rape conviction and Lloyd Douglas's convictions for manslaughter and burglary. The judge then announced that, although he was satisfied with his rulings on challenges for cause, "I have decided to give you two additional peremptories in addition to the 26 based on an abundance of caution." Even if the court had already reached a tentative decision, it could have reconsidered on the basis of any new information presented. WebShirley Lynette Ledford passed awayon 1 Nov 1979in Sunland, Los Angeles County, California, USA. fn.
18. 604, 758 P.2d 1135]: the judgment will be affirmed unless we find a reasonable possibility that the jury would have rendered a different verdict had the errors not occurred. His suicide note stated that the murders haunted him. Get free summaries of new Supreme Court of California opinions delivered to your inbox! The record showed that the prosecutor challenged 5 of 6 Black jurors (83.3 percent) and 21 of 60 White jurors (35 percent). The United States Supreme Court reversed the penalty, holding that "it is constitutionally impermissible to rest a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death rests elsewhere." 133], the Court of Appeal held that a plea bargain was invalid if it required the witness to testify to a particular version of the facts, and that testimony given pursuant to that bargain was tainted. 23, We turn, therefore, to the question of prejudice. Please ensure you have given Find a Grave permission to access your location in your browser settings. They saw, however, a number of items in plain view which, they realized, might be evidence of other crimes they were investigating. Are you adding a grave photo that will fulfill this request? His appeal is automatic. Check out never-before-seen content, free digital evidence kits, and much more! Following defendant's arrest, Officer Valento informed defendant that he was under arrest for robbery, rape, and "288."
You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. Rptr.
3d 1101] Cal.Rptr. "What this means is, say to give a simple example, if we were to give actual weight in pounds and ounces to the aggravating circumstances and the mitigating circumstances, if the aggravating circumstances weighed 10 pounds and one ounce and the mitigating circumstances weighed 10 pounds, then you would be duty bound to impose a death penalty.
WebShirley Ledford's body was discovered shortly after she was killed. She never made it 317, 628 P.2d 869], which broadened the scope of voir dire to permit examination for peremptory challenge), a party was entitled to put questions which might expose a basis for a challenge for cause.
Defendant drove to another place, said he wanted to rape Hall again, and again took her to a hill near the road. The prosecutor then asked, "But you're the one that almost killed a person before with a knife. McLaughlin was present during this voir dire to assist defense counsel. We said in Hovey that "In a typical death-qualifying voir dire, the judge and the attorneys repeatedly instruct the jurors about the steps leading to the penalty trial and question each prospective juror, oftentimes at considerable length, concerning his or her attitudes about capital punishment. Norris, however, said he took no photographs of Schaefer, and as far as he knew defendant also took no photographs of her. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. This site is protected by reCAPTCHA and the Google. App. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. Defense counsel asked if "what you're telling us is that because of what you have read, you have preconceived notions which would be most difficult if not impossible to put out of your mind?" Norris suggested that they kill Gilliam quickly because she had been so helpful, but defendant replied that "they only die once, anyway." Found more than one record for entered Email, You need to confirm this account before you can sign in.
Conversely, Officer Valento testified that he "didn't announce [his] presence at all when [he was] knocking.". [35] The trial court instructed the jury that in determining the credibility of a witness it could consider prior felony convictions. 13.) [S]ome cases are so brutal, so vicious, so horrendous, so inhumane that in order for us to exist as a society, we have to totally repudiate the conduct involved and we have to say, 'we will not accept it, we will not allow it, and the one mainly responsible for it has to suffer the supreme penalty.'
Bittaker and Norris The Tool Box Killers, here to read the Transcript of Shirley Lynette Ledford audio recording. Since the evidence showed only Norris's conviction of rape, the prosecutor's assertion that the [48 Cal. At trial, confronted with the tape, Bittaker actually had the audacity to claim that it was just a threesome, and pointed out that Lynette had asked them to kill her. It is unclear exactly what the "additional evidence" was, but the implication is that it was evidence other than that resulting from the various scientific tests conducted on the car itself.
3d 841, 864 [180 Cal.
[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. On cross-examination, the prosecutor asked defendant why he had not objected when Norris abandoned Andrea Hall in the mountains. Bittker would want to listen to it again as he thought about what he did to his victims," Mary Ellen O'Toole, a retired FBI agent, Behavioral Analysis Unit, told the special. But although we thus conclude that the prosecutor's comment was improper, since it does not come within the scope of Caldwell, supra, 472 U.S. 320, defense counsel's failure to object is fatal to his contention. FN 5. As we have noted, one of defendant's photographs of Andrea Hall and six of Jacqueline Gilliam were identified and introduced into evidence. Then they bound her hands behind her back. 2d 497, and North v. Superior Court, supra, 8 Cal. 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.
Are you sure that you want to report this flower to administrators as offensive or abusive? 785].). We characterized the proposed questions as relevant to the felony-murder special circumstances, and held the trial court erred in excluding that area of inquiry. 3d 1098] that defendant wrote a threatening letter to the judge who presided over his prior assault trial.
34 [48, 49] We find no reversible error. To add a flower, click the Leave a Flower button.
Where do you think he's been for 18 of the last 22 years? Finally, the jury found at least 14 valid special circumstances -- far more than is found in most death penalty cases. Norris strangled the victim with a coat hanger. 3d 826, 834 [164 Cal.Rptr. 3d 258, 280.) 3d 1 [139 Cal. We concluded, "[t]his proposition implies a corollary: 'the extent to which [these effects] are minimal will be a function of the extent to which the questioning is minimized.'" Defense counsel did not object to any of these assertions at trial. Rptr. ", This court has held that sections 844 and 1531 are "identical in principle,"so although section 844 does not expressly require notice of the arresting officer's authority, this type of notice is "an integral part of the rule stated in section 844." [12] The only doubtful matter is defendant's absence from a hearing on his counsel's motion for a continuance the Friday immediately prior to the trial. (a)(18)), raising the question whether the acts of torture must be the cause of death.
The trial court denied defendant's objection as untimely. 546.). fn.
6. This argument is inconsistent with our opinion in People v. Allen (1986) 42 Cal. [48 Cal. hell never hurt another & all that evil that was in him will be there to torture him for eternity plus judgement day will make his punishment greater. (People v. Hill (1967) 66 Cal.
Barring mention that Norris had been adjudicated a mentally disordered sex offender. 3d 333, 360 [233 Cal. [48 Cal. [41] Defendant presents a variety of arguments attacking the admissibility of Dr. Markman's testimony, but all boil down to the claim that to the extent the testimony went beyond the 1974 offense it was not proper rebuttal. He argues he was prejudiced by his absence (1) from a continuance hearing on the Friday prior to trial; (2) from an in-chambers conference where the trial court advised the district attorney and defense counsel that it would limit [48 Cal. [17a] This reasoning necessarily implies that an erroneous denial of a challenge for cause can be cured by giving the defendant an additional peremptory challenge. What a horrible story. On the record before us, misconduct has not been demonstrated. A subsequent examination of the car, performed without the authority of a search warrant, indicated that the victim had been in the car at the time he was shot. Ledfords autopsy would reveal evidence of horrific torture, indicating she had been beaten and raped with some form of heavy implements or tools before being The prosecution then called another psychiatrist, Dr. Markman, in rebuttal. 8 that a complaint is a document which institutes a criminal proceeding, fn. During the presentation of the prosecution's case at trial, the defense asked permission from the prosecution to make a better copy. In discussing the murder of Cindy Schaefer, the prosecutor said: "And then her body is thrown over so that the coyotes and the maggots and the beetles can finish her off so that nobody will find her. Instantly, without saying a word, defendant stabbed Louie. Oops, some error occurred while uploading your photo(s). Share this memorial using social media sites or email. Defendant said it looked like "Cindy," and asked Lambert to add coat hangers and pliers to the picture. [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." In 1987, Paul Bynum, who had been the chief investigator of the Bittaker-Norris murders, committed suicide at age 39. 6 based upon an affidavit filed by a Sergeant Bynum of the Hermosa Beach police department. (Ibid.) In the present case, there is evidence that Shoopman received letters from defendant which he destroyed, but we have no information as to the contents of those letters, or what the prosecutor knew of their contents. 3d 1072] admittance. Try again later.
FN 29. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. Neither permitted a court to prohibit voir dire of jurors who gave equivocal answers. FN 30.
(See 995. Section 806 provides in relevant part: "A proceeding for the examination before a magistrate of a person on a charge of an offense originally triable in a superior court must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. The mother of one of the victims worked in the same building as Gage, but there is no indication that they knew each other or had even met. 3d 1099] refused to say exactly where he buried them and, despite being found in contempt of court, persisted in that refusal. 21 As we stated in People v. Hughes (1961) 57 Cal. [45] The prosecutor argued, without objection, that the jury should impose the death penalty to deter felons from murdering their victims. We explained in a footnote that Steger did not define all the elements of murder by torture, but was concerned only with establishing that the act of torture must be premeditated. In the case at bar, the police were furnished a description of defendant's van by Robin R., who was allegedly kidnapped and raped by defendant and Norris in the van. Hein responded, "That's correct.". FN 32. Defendant then drove into the mountains, driving beyond the site of the other two murders. In defendant 's photographs of Andrea Hall in the agreement providing for judicial review determine. Flower button Hills, Los Angeles County, California, USA uploading your photo ( s.! Ledford 's body was discovered shortly after she was killed trial court had authority to exclude evidence seized in of... Measure reversible error Bynum, who had been adjudicated a mentally disordered sex offender saying word! Rape conviction and Lloyd Douglas 's convictions for manslaughter and burglary properly declared that she could act impartially fairly... 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