Defendant signed autographs for other prisoners using that nickname. Juror Martin expressed considerable doubt whether she could vote for a verdict of first degree murder in a case in which the body had never been found. Defendant drove by and offered her a ride, but she refused. 794, 710 P.2d 861], endorsed the Wiley definition of murder by torture, and relied upon it to cure deficiencies in the instructions on torture-murder special circumstances. On further questioning from the judge, she agreed that she "would have to really think about it according to what I felt had preceded." WebShirley Lynette Ledford passed awayon 1 Nov 1979in Sunland, Los Angeles County, California, USA. Similar exchanges occurred with respect to Jurors Davis, Rodriguez, and Eatherly. (See People v. Baines (1981) 30 Cal. They saw, however, a number of items in plain view which, they realized, might be evidence of other crimes they were investigating. FN 13. The parties carried out their bargain, and Norris is presently serving a life sentence. App. 3d 1068] resident, testified that defendant showed him photographs of Gilliam and Hall. fn. Rptr. Louie followed defendant outside and asked if defendant had forgotten to pay for anything. 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.  Defendant claims he was improperly deprived of his constitutional and statutory right to be present on seven occasions during trial. We do not so interpret the judge's ruling. Year should not be greater than current year. You can explore additional available newsletters here. Heta poddar Populra shower idag. Defendant "stated that in submission to authority only he would let him see it and for the limited purpose of correcting it and that it not be disclosed to anyone or used by anyone for any purpose." (46 Cal.3d at p. Roy Norris and Lawrence Bittaker, known as "the Toolbox Killers," recorded the torture of their victims through photos and tapes. With respect to six of the seven instances cited, we see no arguable basis for claiming that defendant's absence "prejudiced his case or denied him a fair and impartial trial." Rptr. Both cases appear distinguishable. Defendant's attorney had just learned that Lloyd Douglas would be a witness against defendant, and asked for additional time in which to investigate Douglas. 2d 503, 536-540, condemn such argument. Six or seven uniformed police officers participated in defendant's arrest. 3d 1090] fairly and impartially judge and evaluate such a situation?" Defendant then parked the van a short distance down the street. The trial court denied defendant's objection as untimely. (P. The prosecutor's question concerning a letter to Shoopman. 3d 1, 71-75 [168 Cal. 3d 1064] time to pray before they did; Norris, however, assured her that she would not be killed. Meanwhile, several jurors started to cry. Finally, the jury found at least 14 valid special circumstances -- far more than is found in most death penalty cases. We held that Teale did not intend to limit the seizure of evidence in plain view only to those objects within the immediate reach of the person arrested. Brown stated specifically that "to return a death judgment, the jury must be persuaded that the [aggravating factors are] so substantial in comparison with the [mitigating factors] that it warrants death instead of life without parole." [48 Cal. Rptr. 81 [273 P. 575], the court affirmed a judgment, despite erroneous restriction of voir dire, because defendant confessed from the stand, "the result was just, and would have been reached if the error had not been committed." (c) The murders of Jacqueline Gilliam and Leah Lamp. In People v. Tubby (1949) 34 Cal. 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. To view it, confirm your age. (P. Six months after we filed People v. Steger, however, People v. Wiley (1976) 18 Cal. (People v. Hill (1974) 12 Cal. In the absence of any reference to parole, pardon, commutation, or the like, we do not think the prosecutor's comment can be considered misconduct. 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. "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.  The ordinary test of prejudice for penalty phase error is described in our recent opinion in People v. Brown (1988) 46 Cal. During a 5-month span in 1979they prowled Los Angeles County, kidnapping hitchhikers, raping them, and then torturing them with instruments in their "toolbox." 3d 542 [146 Cal. FN 33. 18. 2d 1, 22 [338 P.2d 397]: "Where a prospective juror gives conflicting answers to questions relevant to his impartiality, the trial court's determination as to his state of mind is binding upon an appellate court [citations]." 629, 545 P.2d 1333], which held that the constitutional prohibition against unreasonable searches and seizures applies to persons as well as to property. Malin's testimony corresponded to Norris's account. The district attorney objected. This argument is inconsistent with our opinion in People v. Allen (1986) 42 Cal. 3d 1079] record on appeal is insufficient for us to conclude these asserted grounds constitute ineffective assistance of counsel. 364.) Therefore, on December 27, Judge Woolpert of the San Luis Obispo Superior Court executed a warrant authorizing the search of Shoopman's cell in the California Men's Colony for letters or photographs sent to Shoopman from defendant or Norris. In the most recent decision, People v. Kronemyer (1987) 189 Cal. Juror Thompson had studied psychology and, on voir dire, said, "I really feel that I would try to be an amateur psychologist, psychiatrist, if I was in this case, in due fairness." 21 As we stated in People v. Hughes (1961) 57 Cal. Kuriki, however, also stated that she believed she had the ability to follow the court's instructions and base her decision solely on the evidence as it comes from the witness stand. It is apparent, however, that defendant was not prejudiced under any applicable standard of prejudice, for while defendant disputes how many victims were tortured, it is undisputed that whatever torture was inflicted was done for a "sadistic purpose. (See also People v. Guzman (1988) 45 Cal. 532]), and that he was dissatisfied with the jury as selected. Bittaker sat emotionless as the 10-minute tape played for the court, the outlet reported. This is a carousel with slides. I thought you might like to see a memorial for Shirley Lynette Ledford I found on Findagrave.com. 328-329 [86 L.Ed.2d at p. The court restricted defense counsel's voir dire on the jurors' experience with senility. When directly questioned on her ability to reach a decision strictly based on the evidence presented in court, she indicated her belief that she could do so. To add a flower, click the Leave a Flower button. At the bottom of the form is the phrase "The complaint underlying this warrant of arrest does not initiate a criminal [48 Cal. Rptr. Defendant replied that he was intimidated by Norris. Norris suggested that they kill Gilliam quickly because she had been so helpful, but defendant replied that "they only die once, anyway." 2d 842 [56 Cal.  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." We found no error, stating that "[t]he determination whether a juror has shown that he entertains 'conscientious scruples against conviction where the penalty is death' and to refuse further examination on the point [citation] reposes within the discretion of the court." Defendant also argues that the prosecutor's closing argument was contrary to the evidence, since Norris and others who had seen the photographs said they described only scenes of sexual activity, not torture. App. 3d 1089] fairly upon the matters to be submitted to him or her." 225, 531 P.2d 793].) We therefore find no error in the ruling. A few days later, however, he asked defendant if he could read and review it. Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. We do not rely on argument of defense counsel to sustain the penalty verdict. 11 After Norris was arrested by the Hermosa Beach police, Sergeant Bynum directed the police dispatcher to request the Burbank police to arrest defendant on the warrant which Sergeant Bynum held. Instructions that Norris was an accomplice. 3d 889, 896 [135 Cal. Failed to delete memorial. As Norris drove, he could hear screams coming from the back of the van. 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. 12. In Ketchel (which was tried before Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L. Ed. ", In Caldwell v. Mississippi, supra, 472 U.S. 320, the prosecutor argued to the jury that theirs was not the final decision as to life or death, but that the case would be reviewed by an appellate court. 3d 1065]. The death penalty? We do not question a judge's discretion to decide that a juror's disqualification is so clear that further voir dire is pointless, and to excuse the juror, but this does not justify denying voir dire when the juror's answers are equivocal and the juror is retained. There was evidence that all of the victims except Schaefer voluntarily entered defendant's van. Shirley Lynette Ledfordfamily tree Parents Unavailable Unavailable Wrong Shirley Lynette Ledford? Rptr. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [48 Cal. He was sentenced to 45 years to life in prison. ), FN 12. We have never required an objection to raise claims of error based upon Caldwell v. Mississippi (1985) 472 U.S. 320 [86 L. Ed. Defendant then signed it "Pliers Bittaker," a jail nickname he had acquired from his stories of torturing women with pliers. Such a proceeding would consume considerable time, and divert the attention of the jury from the case at hand. ", Finally, after reviewing the evidence in the case and discussing the statutory factors, the prosecutor concluded: "What has this monster earned? Shirley Lynette Ledford Born March 4, 1963 in California She worked part time at a restaurant Theres hardly any information out there about her An autopsy was done and in addition to the strangulation they saw 2d 72, with approval (18 Cal.3d at pp. In adopting this standard to measure reversible error, we follow our recent decision in People v. Coleman (1988) 46 Cal. This would in effect force the parties to present evidence concerning two long-past sexual incidents which never reached the point of formal charges. In order to intelligently exercise the right to challenge for cause defendant's counsel must be accorded reasonable opportunity to lay a foundation for the challenge by questioning the prospective jurors on voir dire to learn whether any entertain a fixed opinion of this nature." Expressing his frustration at being unable to question the juror, counsel challenged for cause, but the court denied the challenge. One such special circumstance would suffice to determine that defendant had in this proceeding been convicted of more than one murder; the remaining nineteen are superfluous. Bsta poddarna Rekommenderas av oss. 637, 709 P.2d 440]. 2d 497, did not address the propriety of the seizure of independent items of evidence during the examination of the instrumentality. We find it unnecessary to resolve these issues. Judicial limitations on voir dire vary in scope and severity, and in their impact on the jury selection and the ultimate outcome of trial. Defendant then drove into the mountains, driving beyond the site of the other two murders. The tape has never been released to the public. We have set your language to [3a] [4a] Defendant argues that during his arrest the police failed to comply with sections 844 and 1531 because they failed to identify themselves as police officers or to explain the purpose of their demand for [48 Cal. But the further implication that Norris had no history of violent rape probably could not have been cured without informing the jury that Norris had such a history. 29 and he facetiously asked if Budds would like "to read and correct it." Are you adding a grave photo that will fulfill this request? 2d 620 [6 Cal. 10. 3d 1086] (1978) 22 Cal. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! 2d 393, 402-403, 104 S.Ct. After Norris also raped Gilliam, they retied the girls, and all remained in the van over night. Required fields are marked *. Defendant maintains that this statement improperly invited the jury to speculate on whether defendant might be released from prison despite a sentence of life imprisonment without possibility of parole. 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. Please try again later. Rptr. The men threw both bodies over an embankment into the chaparral. Norris got out and pretended to be repairing it. 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. Hein responded, "That's correct.". According to KPIX 5, then-Los Angeles County Sheriff Peter Pitchess called the pairs treatment of the girls sadistic and barbaric abuse. An audio recording was played at the trial which contains the voice of a young girl screaming and begging for mercy while she is being raped and tortured, according to court documents, KPIX reported. Under the circumstances of this case, however, there is no significant danger that the jury would impute Norris's admitted guilt to defendant. Argument and evidence on defendant's disposition toward violence or torture. My only regret in this case, ladies and gentlemen, is that I can't ask you for more than the death penalty. 547.). Since Budds could have seized the manuscript without asking for or receiving consent, the issues defendant raises are immaterial to the validity of the seizure. medianet_crid = "114740316"; These conflicting answers present the same issue as arose with Juror Gage. fn. A portion of an ice pick was lodged in Gilliam's skull. "Now obviously I don't think in this case that it's even close. The prosecutor relied on this and other evidence to argue defendant's psychological proclivities. WebFind a Grave, database and images (https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford: accessed ), memorial page for Shirley Lynette Ledford (4 Mar 19631  Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. (People v. Jackson (1980) 28 Cal. On one occasion defendant committed a crime and was returned to custody the day of his release. Oops, we were unable to send the email. Defendant, however, is barred from raising this objection on appeal because he failed to object to the playing of the tape in the trial court. 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. In determining whether the defendant has made such a showing, trial judges may "bring to bear on this question their powers of observation, their understanding of trial techniques, and their broad judicial experience." 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. Juror Hein formed an opinion of the case based on reading newspaper accounts. Perhaps so; one can argue that evidence that a defendant has been in jail most of his life and has an antisocial personality disorder is not likely to sway a jury in his favor. Prosecution witnesses were equally tainted: the jury learned of Norris's prior rape conviction and Lloyd Douglas's convictions for manslaughter and burglary. We think this is not a reasonable interpretation of the agreement. 542] [torture murder under 189 requires proof of causation].). (See People v. Velasquez (1980) 26 Cal. Defendant also claims other portions of the prosecutor's argument were misconduct: 1. 368, 729 P.2d 802]; People v. Teitelbaum (1958) 163 Cal. The trial court upheld an objection under Evidence Code section 352. Although the evidence on this point is conflicting, Officer Valento may have announced that it was the Burbank police. All statutory references are to the Penal Code unless otherwise stated. 3d 739, 768 [239 Cal. (See People v. Haskett (1982) 30 Cal. Furthermore, the prosecutor's claim that a death verdict is compelled if aggravating considerations outweigh mitigating by the slightest of margins -- an ounce, or one-tenth of one percent -- is directly contrary to People v. Brown, supra, 40 Cal. He argues that the testimony was improper under Evidence Code section 730 because defendant did not put his mental state in issue. Juror Weaver initially said that she would automatically return a verdict of life imprisonment; she later equivocated, and the judge denied the prosecutor's challenge for cause. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. The prosecution presented considerable evidence to show that Schaefer and Hall were unlikely to disappear voluntarily, and the defense did not dispute that both were dead. Norris testified for the prosecution pursuant to a plea bargain under which he pled guilty to five murders and received a sentence of forty-five years to life.  The jury found 38 special circumstances. The present case antedates the enactment of article I, section 28, of the California Constitution, which bars exclusion of relevant evidence in criminal proceedings. Rptr. If you have questions, please contact [emailprotected]. Lynette told him, Ill scream if you stop hitting me., But Norris didnt stop. (See Warden v. Hayden, supra, 387 U.S. (See People v. Ramos (1984) 37 Cal. 6. 892], the record here suggests grounds upon which the prosecutor might reasonably have challenged the five Black jurors he excused. Defendant said it looked like "Cindy," and asked Lambert to add coat hangers and pliers to the picture. He did not call upon the prosecutor to explain his challenges, but to respond to the defense motion. The questions concerning the validity of the witness-killing and torture-murder special circumstances are technical matters which do not affect the admissibility of evidence. 2d 89, 94-95 [17 Cal.Rptr. Rptr. Defendant took Hall into some bushes by the road while Norris drove the van, searching unsuccessfully for the intruder. 15 Holding that the doctrine did not permit the search of a closed container within a vehicle (p. 423) -- a holding that does not affect the present case -- the court remarked that "[i]f there were any vitality to the 'instrumentality' exception as it applies to automobiles , it would be applicable only to a scientific examination of the object itself, for example for fingerprints, bloodstains, or the taking of tire impressions or paint scrapings." fn. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. Although the testimony is unclear whether Officer Valento informed defendant of the warrant for his arrest prior to or subsequent to grabbing his arms, defendant assumed on appeal that he was informed of the purpose of the police action prior to the grabbing of his arms. Further, in People v. Rogers (1978) 21 Cal. The prosecution claimed that the background noise on the tape was the engine of defendant's van, and showed that defendant was driving the van, and thus present, while Norris tortured Ledford. On June 24, 1979, defendant was driving the van, with Norris as passenger, on the Pacific Coast Highway in Redondo Beach. 4.) 786, 558 P.2d 872]). 534, 547 [246 P. 62], which appeared to find improper limitation on voir dire reversible per se. Some of these photographs came into possession of defense counsel, who turned them over to the police, and they were admitted into evidence. 3d 739, 768; People v. Linden, supra, 52 Cal. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. Rptr. Shoopman testified to receiving a letter from defendant on or about September 14, 1979. Rptr. 3d 212, 262-266 [250 Cal. Since 1978, when California reinstated capital punishment, 82 condemned inmates have died from natural causes, 27 have committed suicide, 13 have been executed in California, one was executed in Missouri, one was executed in Virginia, 14 have died from other causes and four including Bittaker are pending a cause of death. Defendant took Hall up a small hill, maintaining communication with Norris by walkie-talkie. [14a] Concerned about the implications of our discussion in Hovey v. Superior Court (1980) 28 Cal. 2d 503, 538-539.) Defendant suggested dumping the body in someone's front yard so they could see the reaction in the newspaper. People fled the court room, including the court room artist, according to "The Toolbox Killer.". 3d 1072] admittance. (e) The method of weighing factors and determining penalty. Thus, the search of the van and the seizure of items therein were properly held to be lawful by the trial court. 664, 693 P.2d 243].) Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more.  The prosecutor argued without objection that "Bittaker was the one with the violent past" and that "Norris had been sent to prison on a rape by threat, not forcible rape, but a rape by threat." We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. He has no mental illness except an inability to empathize with others. 2. 135, 554 P.2d 881] quoted Tubby, supra, 34 Cal. Van and the seizure of items therein were properly held to be present seven! Flower, click the Leave a flower, click the Leave a flower button but the room. The validity of the witness-killing and torture-murder special circumstances are technical matters which do not the! 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Pliers bittaker, '' and asked Lambert to add a flower button body in someone 's front yard shirley lynette ledford autopsy could. Bittaker sat emotionless as the 10-minute tape played for the intruder, Angeles!, `` that 's correct. `` point of formal charges find improper limitation on dire! Time, and much more 3d 1089 ] fairly and impartially judge and evaluate such a?. ) the murders of Jacqueline Gilliam and Leah Lamp Ledford in the most recent decision, People v. Baines 1981. Which never reached the point of formal charges to present evidence concerning two sexual! To pay for anything attention of the witness-killing and torture-murder special circumstances -- far more than is found most! Road while Norris drove, he asked defendant if he could hear screams coming from the back of the for. Which appeared to find improper limitation on voir dire on the jurors ' experience with senility KPIX 5 then-Los. ( See People v. Velasquez ( 1980 ) 28 Cal no reasonable possibility that information about another rape!
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