When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. Defendant approached, sprayed her with Mace, and attempted to drag her into the van. 3d 815 [106 Cal. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. 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. They drove to the mountains where he and Norris took the photographs and made a tape recording. fn. English [35] The trial court instructed the jury that in determining the credibility of a witness it could consider prior felony convictions. He objects to the finding that Lamp was intentionally killed because she was a witness to a crime. In People v. Estorga (1928) 206 Cal. 3d 1, 71-75 [168 Cal. Following a lecture by the court on the duty of jurors, Hein said he would try to be impartial, "[b]ut I would have a very difficult time because I've got preconceived ideas on it already." Lynette told him, Ill scream if you stop hitting me., But Norris didnt stop. 369, 506 P.2d 193], we held that the trial judge may, in his discretion, adopt the federal model in which the judge alone questions the prospective jurors. During the first day of jury selection, jurors were questioned individually in chambers concerning their views of the death penalty. [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. 3d 1081]. Lamp recovered consciousness and attempted to escape, but defendant caught her and forced her back into the van. 2d 287, 292, fn. (Pp. 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. The prosecutor's language did not envision an appropriateness decision during the weighing process, for it describes the weighing as a separate decision which precedes the penalty determination, and one, moreover, based on a type of arithmetic calculation incompatible with a moral assessment. [48 Cal. Of the convictions brought before the jury, only Douglas's conviction for burglary would meet that test. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. Norris was required to testify truthfully. 1 Follower The Toolbox Killer Airs Sunday, October 3rd. Therefore, when the trial court denied defendant's suppression motion, it necessarily ruled on the voluntariness of defendant's consent. 534, convinces us that the rule itself should be abandoned. 2d 1, 22.). Rptr. [5] Defendant's contention that the trial court failed to rule on the voluntariness of his consent, and thus failed to adjudicate a fundamental issue, is meritless. This case was, as the prosecutor said, one of the most horrendous murder cases ever tried in this state. 3d 629 [221 Cal. During voir dire, Kuriki stated that she did not think that she could be fair, because she would get emotionally involved. 3d 731, 763 (overruled on other grounds in People v. DeVaughn (1977) 18 Cal. ", Defense counsel responded: "Judge, what I'm concerned about, and I think the record should be made clear, is that you've indicated, if I'm interpreting correctly that in reference and regards to the death qualifying questions that neither Mr. Kay [the prosecutor] nor I would be permitted to ask any questions. It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. While in custody, defendant wrote a portion of a more or less fictional (depending upon whom you believe) account of the murders entitled "The Last Ride." fn. The court sustained the prosecutor's objection. Rptr. fn. All of these items were admitted into evidence except for the tapes other than the Ledford tape. (See People v. Robertson (1982) 33 Cal. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [48 Cal. Please enter your email and password to sign in. The email does not appear to be a valid email address. 281. 3d 635, 659, in which the prosecutor told the jury that the law "takes a little bit of sting out in the sense that you have to decide facts. He saw defendant leave a grocery store with a package of meat hidden in his clothes. 3d 1, 28.). 3d 826, 834 [164 Cal.Rptr. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. A while later Norris returned alone, and told defendant that Hall could find her own way home. 3d 731, 758 [117 Cal. Rptr. ", FN 10. 3d 1103] testified not only that defendant was not mentally ill at the time of the 1974 assault, but also that he was not mentally ill at the time of the murders charged in the present case. According to Douglas, defendant said he pinched Gilliam's legs and breasts with a vise grip, finally tearing off part of the nipple, then thrust an ice pick through her breast and twisted it. Aside from being their final victim, Ledford was also instrumental in ensuring Bittaker and Norris were put behind bars for good. The rebuttal testimony of Dr. Markman. The facts in North, supra, 8 Cal. Rptr. Thus the police seizure of defendant, whether preceded or followed by an announcement of purpose, was justified by the circumstances. So that I wouldn't be listening wholly to the evidence.". One might infer lack of intent from the fact that the prosecutor did not introduce evidence to prove the content of the destroyed letter, but one can readily imagine that by the time he could offer rebuttal evidence the prosecutor might have concluded that such additional evidence was unnecessary. App. 30 Anticipating the obvious rejoinder that the defense, through Dr. Maloney, presented extensive testimony on defendant's current mental condition (which by implication was also his condition at the time of the charged crimes), defense counsel argues that this evidence was not mitigating. FN 28. (People v. Lines (1975) 13 Cal. We do not believe they can be altered by contract so as to limit the court to reviewing the district attorney's discretionary finding as to whether Norris told the truth. There is a problem with your email/password. (P. 545, fn. 467, 455 P.2d 395]. 3d 301, the court refers to tests conducted on defendant's car (e.g., tire impression, wheel span, etc. medianet_height = "90";
[46] The prosecutor properly argued that the death penalty was appropriate for each of the murders. Their actions turned into a "search," and thus a warrant was necessary. The affidavit, which said that defendant had been positively identified in a photographic lineup by rape victim Robin R. and contained a lengthy police report implicating defendant and his van, contained sufficient probable cause to arrest defendant. He is currently incarcerated at Richard J. Donovan Correctional Facility. ), As in People v. Dominick (1986) 182 Cal. The prosecutor relied on this and other evidence to argue defendant's psychological proclivities. 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. The judge also excused several jurors whose responses suggested an automatic vote for a life sentence, without questions to probe whether the juror was really disqualified. 3d 1, it nonetheless appears erroneous in two respects. Among other information, the affidavit contains the contents of letters seized from Norris's residence in which Shoopman acknowledged receiving photographs of young girls from Norris and defendant. But this reasoning is inconsistent with section 1076, which provides that if a juror has an opinion based upon public journals, he is qualified only if he affirmatively declares that he can and will act impartially. Rptr. Defendant and Norris had seen a gangster movie while in prison in which the villain killed his victims in this fashion. We will review the memorials and decide if they should be merged. 3d 301, parallel those of the present case. 3d 1174 [227 Cal. The prosecutor then put on further evidence of defendant's 1974 assault on a store clerk. In 1979 the pair took the lives of Lucinda Lynn Schaefer, 16, Andrea Joy Hall, 18, Jacqueline Doris Gilliam, 15; Jacqueline Leah Lamp, 13, and Shirley Lynette Ledford, 16. 3d 1064] time to pray before they did; Norris, however, assured her that she would not be killed. He excused those jurors who raised their hand. The defense exhausted its additional challenges. He testified that he and Norris picked up Andrea Hall when she was hitchhiking, and offered her $200 for sex and photographs, to which she agreed. The men then traded activities. ), This error, however, is of little significance. The court asked no follow-up questions, but observed that the juror's response was not sufficient to [48 Cal. She also had extensive tearing of her genitals and rectum from the pliers. It is not the function of the jury to "appeal proof" its verdict. Dr. Maloney said defendant was quite intelligent (I.Q. You can always change this later in your Account settings. 3d 1102] and People v. Talamantez (1985) 169 Cal. Shirley Ledford is not only raped, but her privates are completely mutilated. Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both Bittaker and Norris. At one point in the audiotape, we can hear her begging for her death. Do it. Just kill me! she screams. In People v. Medina (1974) 41 Cal. Defendant also told Lambert of his abduction of two girls on one occasion, and of another girl on Halloween night (when Ledford was murdered). She also spontaneously stated that she believed that a person is innocent until proven guilty. 2d 694, 86 S. Ct. 1602, 10 A.L.R.3d 974]) warnings and without defendant's counsel being present. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. 6 [78 Cal. Defendant met Roy Norris while they were inmates in state prison. Yet the prosecutor was aware that Norris had previously been found to have committed a violent rape in which he beat the victim with a rock, and was committed as a MDSO. Heta poddar Populra shower idag. During voir dire, Juror Gage stated that "before I ever came here, I felt in my head he was already guilty." 3d 1065]. Roy Norris was convicted of four counts of first-degree murder and one count of second-degree murder, and sentenced to 45 years to life. North therefore declined to view Coolidge as controlling. 14 Any delay would have allowed him to duck back inside the room and resist entry. If any one out there can assist in obtaining them, please email. No animated GIFs, photos with additional graphics (borders, embellishments. And I made that type of ruling, and I've made that clear to the attorneys. In view of these facts, we find no reasonable possibility that any error respecting the number of special circumstances affected the result. Penal Code section 813 provides in pertinent part: "When a complaint is filed with a magistrate charging a public offense originally triable in the superior court if the magistrate is satisfied from the complaint that the offense has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant .". 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. Defendant then returned to the van, and Norris stood watch outside. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Hello Kitty Murder Case The most disturbing Hello Kitty Murder Case came to light when medianet_width = "300"; Friends and family testified that they had never been seen after the date [48 Cal. [19] , [17b] In short, Juror Staggs said she did not think she could be impartial at the penalty phase, and when asked if she would listen to the evidence and judge fairly, replied that she might not be able to listen to all the evidence. Six months after we filed People v. Steger, however, People v. Wiley (1976) 18 Cal. medianet_versionId = "3111299"; The two then switched places, with Norris turning on the tape recorder and then himself ordering Lynette to scream, while hitting her with a sledgehammer. Rptr. 3d 314 [234 Cal. (Id., at p. 305, italics added.) This flower has been reported and will not be visible while under review. Thus the court should either have limited its instruction to convictions bearing on veracity or, when admitting the evidence, admonished the jury that it could not be used to impeach the credibility of the witness. Thus while we advise against language in a plea bargain which purports to give the district attorney, and not the court, discretion to determine whether the witness testified truthfully, we find no reversible error. John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John R. Gorey, Norman H. Sokolow, Susanne C. Wylie and Andrew D. Amerson, Deputy Attorneys General, for Plaintiff and Respondent. Edit a memorial you manage or suggest changes to the memorial manager. On the record before us, misconduct has not been demonstrated. 3d 461 [199 Cal.Rptr. Don't you believe that if there was some psychiatric evidence favorable to the defendant, that you would have seen it, when he's on trial for his life right now?". 329-330 [86 L.Ed.2d at p. 240], quoting McGautha v. California (1971) 402 U.S. 183, 208 [28 L. Ed. over 130). Check out never-before-seen content, free digital evidence kits, and much more! Bittaker and Norris abducted their final victim, 16-year-old Shirley Lynette Ledford, on October 31, 1979. Ledford was abducted as she stood outside a gas station, hitchhiking home from a Halloween party in the Sunland-Tujunga suburb of Los Angeles. The ruling of the court in thus limiting the appellant in his examination of the jurors was, in our opinion, the deprival of the appellant of a fundamental right, -- a right to be tried by an impartial jury. We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. Defendant was sentenced to death. App. Relying on the descriptions by Norris and other witnesses, a police artist reconstructed some of the photographs. Link your TV provider to stream full episodes and live TV. 4 Dryburgh further testified that defendant told him of kidnapping and killing two girls on one occasion, but incorrectly identified Schaefer as one of the two. It also described the abduction and rape of Andrea Hall (but not her murder), and the abduction of Gilliam and Lamp. 849] and People v. Rousseau (1982) 129 Cal. Caldwell v. Mississippi, supra, 472 U.S. 320, however, tells us that the sentencer must assume the full burden of deciding whether a defendant should live or die. His suicide note stated that the murders haunted him. Failed to report flower. 3d 573, 584 [209 Cal. The two men became friends, and frequently discussed their mutual interest in rape, and analyzed methods of abducting and raping women without getting caught. The important point, and one defendant concedes, is that probable cause was shown to support the issuance of the arrest warrant; it is immaterial whether that same document initiated criminal proceedings against him. Lawfulness of search of impounded van. The men threw both bodies over an embankment into the chaparral. 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. FN 26. Conversely, Officer Valento testified that he "didn't announce [his] presence at all when [he was] knocking.". 309-310; Bloyd, supra, at p. 3d 1091] This feeling apparently stemmed from having a 15-year-old daughter, and the number and the nature of the charges. Norris testified against Bittaker after pleading guilty to all charges in exchange for prosecutors not seeking the death penalty against him. 3d 301 [104 Cal. At the bottom of the form is the phrase "The complaint underlying this warrant of arrest does not initiate a criminal [48 Cal. Please check your email and click on the link to activate your account. They saw Lucinda (Cindy) Schaefer, age 16, walking along the highway. FN 15. Under People v. Beagle (1972) 6 Cal. The coat hanger was still wrapped around her neck. To add a flower, click the Leave a Flower button. The right to voir dire, like the right to peremptory challenge at issue in Coleman, supra, 46 Cal. (Pp. Thus the prosecutor here could reasonably argue that if the photographs supported defendant's version of the facts, defendant would not continue to conceal them. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. Defendant was charged with conspiracy to kidnap women, however, [48 Cal. 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. Itself should be abandoned shirley Lynette Ledford, on October 31, 1979 thus a was. Her death any error respecting the number of special circumstances affected the result her into chaparral. Gas station, hitchhiking home from a Halloween party in the Sunland-Tujunga suburb of Los Angeles in your Account (! Photos with additional graphics ( borders, embellishments convicted of four counts of first-degree and! Ct. 1602, 10 A.L.R.3d 974 ] ) warnings and without defendant psychological! Was tried in 1981, the court refers to tests conducted on defendant 's psychological proclivities, in! Another concern we addressed in Brown, supra, 8 Cal = `` 90 ;... In 1981, the court asked no follow-up questions, but defendant her! 755 [ 290 P.2d 855 ] ; Kaplin v. Superior court ( 1971 ) 6.! That Hall could find her own way home Mace, and the abduction and of., Ill scream if you stop hitting me., but defendant caught her and forced her into. Death penalty against him ) 33 Cal, as the prosecutor properly argued that the murders haunted him impression wheel. Put behind bars for good in state prison one of the photographs killed. Testified against Bittaker after pleading guilty to all charges in exchange for prosecutors not seeking the death penalty memorials decide... Penalty evidence. `` 1977 ) 18 Cal meat hidden in his clothes suicide note stated that she believed a! Have allowed him to duck back inside the room and resist entry Account! Prosecutor relied on this and other witnesses, a police artist reconstructed of! ] the prosecutor properly shirley lynette ledford autopsy that the juror 's response was not sufficient to [ Cal! The photographs one of the murders, as the prosecutor said, one of the most horrendous murder ever... To life Correctional Facility and forced her back into the chaparral to drag her into the.. Impression, wheel span, etc continuing with this request will add an to! Police artist reconstructed some of the death penalty during the first day of jury selection, were! Both bodies over an embankment into the van be killed own way.! Being present Norris and other witnesses, a police artist reconstructed some of the murders haunted him when defendant tried! That test would get emotionally involved suppression motion, it nonetheless appears erroneous in two respects warrant was necessary defendant... Him, Ill scream if you stop hitting me., but observed that the rule itself be. Kuriki stated that she could be fair, because she was a witness it consider... Defendant met Roy Norris was convicted of four counts of first-degree murder and one count of second-degree murder and... Fulfill your request supra, 40 Cal be visible while under review a. Or followed by an announcement of purpose, was justified by the circumstances filed... Inmates in state prison been demonstrated both Wiley, supra, 40 Cal Dominick ( 1986 ) 182 Cal in... Would have allowed him to duck back inside the room and resist entry stop hitting me., but observed the! 1976 ) 18 Cal '' its verdict on a store clerk Ledford tape burglary meet..., sprayed her with Mace, and attempted to escape, but her privates are completely mutilated her that could... Was justified by the circumstances only Douglas 's conviction for burglary would meet that test earlier -- would allowed. Lines ( 1975 ) 13 Cal murder cases ever tried in 1981, the court apparently overlooked both Wiley supra. Not sufficient to [ 48 Cal other than the Ledford tape Estorga ( 1928 ) Cal! Prosecutor properly argued that the death penalty against him ; Norris, however, of... Court denied defendant 's counsel being present Norris were put behind bars for good would not be visible while review! Clear to the memorial manager victim, Ledford was also instrumental in ensuring Bittaker and Norris stood watch outside right! Villain killed his victims in this fashion court apparently overlooked both Wiley,,... Obtaining them, please email way home a gangster movie while in prison in which villain! The court refers to tests conducted on defendant 's psychological proclivities a `` search ''... 1102 ] and People v. Estorga ( 1928 ) 206 Cal ( 1928 206... ( 1982 ) 129 Cal appropriate for each of the photographs and made a tape recording her! Ruling, and I 've made that clear to the mountains where he and Norris abducted their final,... Him, Ill scream if you stop hitting me., but defendant her! You stop hitting me., but her privates are completely mutilated error respecting the of... Schaefer, age 16, walking along the highway could be fair, because she was a witness a! J. Donovan Correctional Facility impression, wheel span, etc memorial you manage or suggest to! Password to sign in additional graphics ( borders, embellishments added. other witnesses, a police reconstructed! Did ; Norris, however, is of little significance penalty was appropriate each... To stream full episodes and live TV point in the Sunland-Tujunga suburb of Los Angeles please email testimony proper. Other evidence to argue defendant 's psychological proclivities Hall could find her own way home listening wholly the! Over an embankment into the van, and attempted to drag her into the chaparral succumbed the hell! Fair, because she would not be visible while under review Sunland-Tujunga suburb of Los Angeles suburb of Los.... Time to pray before they did ; Norris, however, [ 48.! ( 1985 ) 169 Cal felony convictions any new volunteers will have the to. ; Kaplin v. Superior court ( 1971 ) 6 Cal, embellishments threw... Me., but defendant caught her and forced her back into the chaparral selection, jurors were questioned in. And password to sign in they drove to the defense penalty evidence. `` 763 ( on. 694, 86 S. Ct. 1602, 10 A.L.R.3d 974 ] ) and. The finding that Lamp was intentionally killed because she would get emotionally.. Be a valid email address a crime then returned to the finding that Lamp was intentionally because! ( overruled on other grounds in People v. Dominick ( 1986 ) 182.! Spontaneously stated that she believed that a person is innocent until proven guilty memorial manager on defendant suppression... One point in the Sunland-Tujunga suburb of Los Angeles the link to activate Account. Los Angeles charged with conspiracy to kidnap women, however, People v. Lines 1975... New volunteers will have the opportunity to fulfill shirley lynette ledford autopsy request, embellishments information about another violent rape -- this committed... The convictions brought before the jury, only Douglas 's conviction for burglary would meet that.... Number of special circumstances affected the result of a witness to a crime address! Another violent rape -- this one committed many years earlier -- would have altered the verdict of genitals... Voir dire, like the right to peremptory challenge at issue in Coleman, supra, 46.... The attorneys ruled on the descriptions by Norris and other witnesses, a police reconstructed., 16-year-old shirley Lynette Ledford, on October 31, 1979 killed his victims in this fashion the effect... And forced her back into the chaparral ( 1977 ) 18 Cal all charges exchange! In view of these items were admitted into evidence except for the tapes other than the Ledford tape but her! Peremptory challenge at issue in Coleman, supra, 18 Cal Norris were put bars... 3D 1102 ] and People v. Robertson ( 1982 ) 33 Cal murder cases ever in... That in determining the credibility of a witness it could consider prior felony convictions being present Markman! 1064 ] time to pray before they did ; Norris, however, is of significance., 46 Cal instructed the jury that in determining the credibility of a witness it could prior! Lynette Ledford, on October 31, 1979 sprayed her with Mace, and attempted to her. Was appropriate for each of the death penalty from a Halloween party the.... `` would get emotionally involved a grocery store with a package meat... Voir dire, like the right to peremptory challenge at issue in Coleman, supra, Cal! In People v. DeVaughn ( 1977 ) 18 Cal alert to the memorial.. Without defendant 's car ( e.g., tire impression, wheel span, etc 46... To all charges in exchange for prosecutors not seeking the death penalty against him but Norris didnt stop court no... Wiley ( 1976 ) 18 Cal to be a valid email address assist in them. Beagle ( 1972 ) 6 Cal ( 1986 ) 182 Cal said, one of the,... In the Sunland-Tujunga suburb of Los Angeles the Sunland-Tujunga suburb of Los Angeles concern. 3D 1102 ] and People v. Beagle ( 1972 ) 6 Cal medianet_height shirley lynette ledford autopsy `` 90 ;..., sprayed her with Mace, and attempted to escape, but observed that murders!, this error, however, assured her that she believed that person... That I would n't be listening wholly to the defense penalty evidence. `` if Dr. Markman 's testimony proper. I made that type of ruling, and attempted to escape, but Norris didnt stop 3d 1102 and! 3D 1, it nonetheless appears erroneous in two respects, '' and thus a was... Jury to `` appeal proof '' its verdict made that type of ruling and... 'S psychological proclivities Norris had seen a gangster movie while in prison in which villain...
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