346-347, 100 S.Ct. Contrary to defendant's contention, [t]he death penalty is not unconstitutional for failing to impose a burden of proof-whether beyond a reasonable doubt or by a preponderance of the evidence-as to the existence of aggravating circumstances, the greater weight of aggravating circumstances over mitigating circumstances, or the appropriateness of a death sentence. [Citation.] ] (People v. Williams (2001) 25 Cal.4th 441, 447-448, 106 Cal.Rptr.2d 295, 21 P.3d 1209, fn. As defendant recognizes, we have repeatedly rejected this contention. At the time of trial, former Code of Civil Procedure section 197 provided: It is the policy of the State of California that all persons selected for jury service shall be selected at random from a fair cross section of the population of the area served by the court (Stats.1980, ch. 867, 750 P.2d 741, we recognized a theoretical problem in section 190.3, factor (a), because it directs the jury to consider both the circumstances of the crimes and the existence of any special circumstances. We noted: Since the latter are a subset of the former, a jury given no clarifying instructions might conceivably double-count any circumstances' which were also special circumstances. On defendant's request, the trial court should admonish the jury not to do so. We were quick to point out, however, that the possibility of actual prejudice seems remote (Ibid. Accordingly, the court's instruction to consider defendant's age, without further elaboration, was sufficient in this case. [Citation. Defendant struck Sakina A. in the head and handcuffed her hands behind her back. The court also admitted a photograph of the victim's face taken at the autopsy despite defendant's objection under 352. The court overruled the objection, stating: It is not a pleasant picture, but it is certainly not unduly gruesome and does depict the wound causing death and the appearance of the victim, Defendant objected to an autopsy photograph of Tsai-Lian Yu that showed a breathing tube in the victim's mouth, stating there was some degree of unpleasantness to the photograph that was not necessary. The court admitted the photograph, concluding it was not objectionable under [Evidence Code section] 352 or any other criteria., Defendant objected on grounds that they were extremely grotesque and prejudicial to photographs of Maxine Zazzara taken at the scene of the crime and during her autopsy, which showed that her eyes had been removed. The prosecution conceded that the two charges related to Higgins were not properly joined and the court granted the prosecution's motion to dismiss those charges. Defendant relies upon section 669, which states, in pertinent part: Whenever a person is committed to prison on a life sentence which is ordered to run consecutive to any determinate term of imprisonment, the determinate term of imprisonment shall be served first Although recognizing that the death sentence imposed here was not a life term, defendant argues that it was the functional equivalent of a life sentence in that appellant was sentenced to spend the rest of his life in prison.. Appeal from the United States District Court for the Central District of California. 1507, 16 L.Ed.2d 600.) Dr. I am aware of the fact that all of the local news media have given inordinate coverage to 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. Before dawn on May 30, 1985, Carol K. was awakened in her Burbank home by defendant. After Maxine died, Richard mutilated her body with a knife and gouged out her eyes. Defense counsel in the present case had entered into a contract with both defendant and his family to represent defendant, which defendant now claims created a possible financial conflict of interest. Although several of the photographs certainly are gruesome, especially the photograph of Maxine Zazzara with her eyes cut out, they were not unduly so. He said, all the killings are going to be blamed on me.. You heard the description of the wounds that she suffered and these photographs do depict those wounds. Several hours later, she awoke lying facedown on her bed covered with blood. 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. Maxine Zazzara's body was found in the bedroom lying on her bed, partially covered by a sheet. 3. Citing our decision in People v. Hannon (1977) 19 Cal.3d 588, 138 Cal.Rptr. WebMaxine Zazzara was born on May 15, 1940 in Arkansas, USA. Linda Doi-Fick, the daughter of William and Yuriko Doi, later identified several items of property that had been taken from her parents' home, including her mother's wallet and pieces of jewelry, which had been recovered from Felipe Solano, who had purchased the items from defendant. omitted.). Defendant objected to three coroner's photographs of Lela Kneiding. Defendant correctly observes that we repeatedly have rejected this contention. No. There was no gross unfairness and defendant was not deprived of a fair trial. 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. I briefly saw the accused captured on TV.He was arrested as the night stalker.General details given by media, arrested and accused of murder.That it is called the Night Stalker case & he was supposed to have murdered many people in So. Best of 2022 Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. 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. ), In any event, the proposed instruction was improper. The Defendant: I understand. Arthur Davidson, Asst. Sources (0) There are no historical documents attached to Vincent Charles. She had been shot in the forehead from no more than 18 inches away. Do you understand the court is ordering you [to] do that? It later was determined that two .22-caliber bullets removed from Maxine Zazzara's head and neck had been fired from the same gun later used to kill Chainarong K. Police discovered that the screen had been removed from a patio window at the Zazzara residence, which had been pried open. 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 refused to remove his sunglasses after being ordered to do so by the trial judge in open court. 5. Diamond Bar woman who survived Night Stalker attack (People v. Champion, supra, 9 Cal.4th 879, 947, 39 Cal.Rptr.2d 547, 891 P.2d 93.) 618, 545 P.2d 1322, fn. If there is any substantial evidence supporting the trial court's ruling, we will uphold it. Defense counsel agreed, but indicated that defendant preferred leg chains. It is a decision which must be made by the defendant In addition, the court has requested that the agreement retaining Mr. Arturo Hernandez and Mr. Daniel Hernandez be reduced to writing and that Mr. Ramirez be given the opportunity to discuss that contract with an independent attorney appointed by this court. And I beg you to remember that in your deliberations. The court then selected an alternate juror to replace Juror Singletary and released the jury for the day, ordering them to return the following day and repeating the admonition to not allow yourself any exposure to any media representation about this case.. [Citation. The trial court did not err in giving the challenged jury instruction. This holding in Hovey was abrogated by the passage of Proposition 115. Relying upon our decision in Williams v. Superior Court (1989) 49 Cal.3d 736, 263 Cal.Rptr. As defendant recognizes, we repeatedly have rejected this claim. The Defendant: Yes. The Night Stalker Defendant claims that his jury was not drawn from a fair cross-section of the population in violation of Code of Civil Procedure sections 197 and 203, article I, section 16 of the California Constitution, and the Sixth Amendment to the federal Constitution because the methods used to summons the jury venire resulted in the elimination of a disproportionate number of Hispanics. As explained below, defendant challenged the composition of the master list that was used to summon jurors during the 1987-1988 fiscal year that ended in June of 1988. A physician later testified, This was the most massive head injury I've ever seen. Dr. Nancy Minter, a demographics expert employed by the County of Los Angeles, testified for the prosecution and disagreed that the population of persons eligible for jury service had increased by 1987, pointing out that the growth in the Hispanic population during this period consisted primarily of noncitizens who were ineligible for jury service. Also Read: 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video). WebPhysical Address: Oakhill Correctional Institution 5212 County Hwy. (Note: What you are about to read might be disturbing and upsetting.). The jury reasonably could have concluded that defendant acted with malice because he intentionally shot Yu twice at close range without provocation and acted with an abandoned and malignant heart. The trial court did not err in denying the motion for change of venue. Her blouse had been pulled up. (2)), three counts of forcible oral copulation (288a, former subd. During his testimony regarding the murder of Tsai Lian Yu, eyewitness Jorge Gallegos identified defendant, but added the observation, he's just a little different, explaining, his hair is just a little longer. On cross-examination, the following exchange occurred: [Defense Counsel]: the man at the trial looks different than the man you saw that night. The jury can, and must, be shielded from depictions that sensationalize an alleged crime, or are unnecessarily gruesome, but the jury cannot be shielded from an accurate depiction of the charged crimes that does not unnecessarily play upon the emotions of the jurors. Delatorre's husband, Manuel, arrived and struck defendant on the head with a steel bar. WebCurrent address for Maxine is 10234 Strong Av, Whittier, CA 90601-2035. Mr. The defense did not contest that defendant was a burglar. There is no requirement that all jurors unanimously agree on any matter offered in mitigation. As defendant acknowledges, we previously have rejected this contention. In several instances, surviving witnesses testified that defendant demanded money or other items of value during the crime. Our decision in Hannon does not assist defendant. Her skull had been fractured; the injury could have been caused by a hammer. Nor do we find any authority to support defendant's argument that the Fifth, Sixth, Eighth or Fourteenth Amendments of the United States Constitution, or their California counterparts, impose such a duty. (People v. Maury (2003) 30 Cal.4th 342, 392, 133 Cal.Rptr.2d 561, 68 P.3d 1.) His cousin killed his wife right in front of him when he was 13 years old. 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 admission of photographs of a victim lies within the broad discretion of the trial court when a claim is made that they are unduly gruesome or inflammatory. Hernandez later identified defendant as her assailant at a police lineup and identified defendant at trial. 6. [Citations. 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. Deputy Public Defender Hall stated that the psychiatrist had met with defendant for approximately 10 or 15 minutes, at which point Mr. Ramirez refused to speak with him anymore. Based upon this short interview, and his observations of defendant before and after the interview, the psychiatrist concluded, according to Hall, that defendant was borderline in terms of his competence, but he couldn't say for sure. Hall added that the psychiatrist stated that, if forced to reach a conclusion, he would have to say [defendant] was competent but borderline so., Following a recess, the in camera hearing resumed, as noted above, with the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez present. The police arrived and found Cannon lying dead on the bed. 203.) ATTIC Locations - ATTIC Correctional Services, Inc. [Defense Counsel]: And you agree with the tactical decision that we made not to put on any evidence at this stage of the proceeding? The court viewed hours of videotape recordings of television news broadcasts. He then removed the handcuffs from Carol K., handcuffed her son behind his back, and put him in a closet. The trial court denied the defendant's motion for a change of venue, and the defendant was convicted and sentenced to death. Similarly, the band Testament released in 1987 a song entitled Alone in the Dark that says that Faustus prepares the legions of the night. (< http://www.darklyrics. Richard Ramirez: The Night Stalker She died on 29 March 1985 in Whittier, California, USA. Defendant entered the vehicle, saying he had a gun, but Pinon attempted to pull defendant from the vehicle. omitted. When Ramirez killed the accountant Peter Pan in his San Francisco home in 1985, evidence of the crime made it all the way up to then-Mayor Dianne Feinstein, which would be a tipping point in the investigation. ), As noted above, In reviewing a challenge to the sufficiency of the evidence , we review the entire record in the light most favorable to the judgment to determine whether it discloses substantial evidence-that is, evidence that is reasonable, credible, and of solid value-from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. (People v. Cole, supra, 33 Cal.4th 1158, 1212, 17 Cal.Rptr.3d 532, 95 P.3d 811.) WebPlease click on a location below to view an address and phone number. The Court Okay. We observed in Maxwell v. Superior Court (1982) 30 Cal.3d 606, 615, 180 Cal.Rptr. Defendant argues there was an improper spillover effect during the guilt phase because of the joinder of weak and strong counts and that this effect continued during the penalty phase. Turns out, the chief of police had never told her to not release it. I would prefer the leg brace; however, at this point this morning I think my client's position is that he should have neither. The court stated: I think that in view of the history of this case, and some of the statements made by Mr. Ramirez, that restraint is required in this case. The court, however, asked defendant whether he wanted a hearing on this issue, adding: I'd be happy to have a hearing on the issue. Select this result to [Citation.] The victim had been stabbed multiple times in her upper chest, neck, arm, and leg and had some wounds on her hands. 6, 20 Cal.Rptr.2d 638, 853 P.2d 1093. Police recovered fingerprints from the screen found on the living room floor that later were identified as defendant's fingerprints. Because the record establishes a manifest need for some form of physical restraint, defendant cannot complain that a less visible form of restraint, such as a leg brace, should have been used rather than leg shackles. The Court: Mr. Ramirez, are you satisfied with the disclosures that have been made to you? Defendant left and they called the police. From his questions I at this point do not have any question regarding his ability. [T]he refusal of a defendant to provide an exemplar in violation of a court order is admissible evidence of the defendant's consciousness of guilt. [Citations. Mr. Ramirez, would you rise, please, take your glasses off and face my clerk. On August 21, 1989, defendant filed a motion to voir dire the jurors regarding their reactions to the death of Juror Singletary. Defendant argues that the effect of numerous errors committed during the guilt phase of the trial rendered the penalty determination unreliable. We held that before the jury could be instructed that it could infer a consciousness of guilt, the trial court must determine as a matter of law whether there is evidence in the record which, if believed by the jury, will sufficiently support the suggested inference. (Id. Garden of At the end of the second court day of viewing these videotapes, the court allotted defendant one more hour on the following day, saying: This is all cumulative. To the contrary, the United States Supreme Court has just reiterated that an element of a defendant's right to counsel is the right of a defendant who does not require appointed counsel to choose who will represent him. IN THE SUPREME COURT OF CALIFORNIA - Justia Law Citing our decision in People v. Price (1991) 1 Cal.4th 324, 3 Cal.Rptr.2d 106, 821 P.2d 610, defendant asserts that [w]hen a greater sentence is imposed upon a defendant, the lesser sentence must be stayed pursuant to the bar against multiple punishment under section 654. This is an overstatement. ] (Id. Arturo Hernandez: It covers through the trial, your Honor, and any post-trial remedies that my client may have. vincent and maxine zazzara house. Other factors, particularly the degree of rigor mortis, indicated the victim had been dead for anywhere from six to eight hours, up to as long as 72 hours. Jack Vincow had seen his mother alive approximately 24 hours earlier, however, when he had visited her the previous afternoon. When he continued his killing spree in San Francisco, Bay Area police said in the docuseries that he killed an accountant named Peter Pan and raped his wife Barbara, ate everything in the fridge, threw up on the kitchen floor and masturbated on the living room floor and then wrote a satanic symbol on the wall. Okazaki had been shot to death in the head from close range. (People v. Massie (1998) 19 Cal.4th 550, 570, 79 Cal.Rptr.2d 816, 967 P.2d 29, and cases cited therein.) And both of these groups of charges were linked to the Sophie D. and Carol K. charges-which defendant asserted in the trial court should be tried separately-because defendant sold to Felipe Solano property stolen during crimes included in each of these groups. Nenette Evans: My Life With Bill at p. 742, 263 Cal.Rptr. [Citation. Its headlights were on and the driver's side door was open. We disagree. ] (People v. Cox (1991) 53 Cal.3d 618, 666, 280 Cal.Rptr. The court dismissed the juror, replaced him with one of the alternate jurors, and instructed the jury to begin its deliberations anew. (People v. Smith (2003) 30 Cal.4th 581, 641, 134 Cal.Rptr.2d 1, 68 P.3d 302; People v. Marshall (1990) 50 Cal.3d 907, 269 Cal.Rptr. Hairs recovered in Mabel Bell's house were dissimilar to defendant's hair. The foreperson answered: Yes, sir. When the door to the condominium closed behind defendant, Hernandez opened the garage door and fled. Defendant observes that eyewitness identification evidence established that appellant was the assailant in the Hernandez and Okazaki, Carol K., Sophie D., Chainarong K., Petersen, Elyas A., Yu, Doi, and Nelson incidents. March 27, 1985: Vincent Charles Zazzara and Maxine Levenia Zazzara were both shot. Raymond Arce, Director of Jury Management, Office of the Jury Commissioner, testified that each fiscal year, usually in May, a master list of potential jurors in Los Angeles County is compiled using records from the county registrar of voters and the California Department of Motor Vehicles. Richard Ramirez, known as The Night Stalker, is one of the most prolific and vicious serial killers to have terrorized the streets of Los Angeles in the 80s. (Id. Catherine is related to Julie Odonnell Wright and Gloria L Wright as well as 2 additional people. The foreperson replied, I feel that we can probably continue today, adding that [e]veryone appears to have put it behind them. The court stated that it was reasonably satisfied that the jurors are able to proceed with their deliberations and that upon further admonishment I propose that that is exactly what we do. Defendant objected. Defendant ordered her to get up and don't make any noise. He took her into the bedroom of her 12-year-old son, woke him up, and handcuffed her to her son. It later was determined that a .22-caliber bullet recovered from Yu's body had been fired from the same gun as the bullet that killed Dale Okazaki. Evidence linked some of the groups of offenses suggested by defendant in the trial court. Defendant argues that merely instructing to jury to consider [t]he age of the defendant at the time of the crime does not provide adequate guidance as to how the jury should apply age to the penalty determination. One reason is to assure[] the privacy of jury deliberations by foreclosing intrusive inquiry into the sanctity of jurors' thought processes. [Citation. Defense counsel responded that defendant has up to now requested that he be given chains rather than a leg brace. The court was interrupted by an objection from Arturo Hernandez, stating that he and Daniel Hernandez were not seeking appointment by the court but had been retained by defendant's family and terming the court's remarks out of order. The court continued, stating: Court is aware of that. ), As noted above, the disputed photographs were highly relevant. We missed him, detective Gil Carrillo said. Feinstein gave up the caliber of gun, the type of shoe, and the fact that he left foot prints. On January 20, 1988, defendant filed a motion to quash all existing jury panels on the ground that Hispanics were systematically underrepresented on the jury venire.8 An evidentiary hearing spanning several days was held in April and May, 1988. Police showed Sophie D. the same photographic lineup not including defendant's photograph that had been shown to Maria Hernandez, and Sophie D. picked out the same person who, as noted above, was apprehended, questioned and released. Mr. In the early days of his crimes, he knocked on the car hood of Maria Hernandez so she would see him before the attack, and he yanked Tsai-Lian Veronica Yu out of her car as opposed to shooting her through the window. Subsequent analysis revealed that a 25-caliber bullet recovered from the victim's head had been fired from the same gun that fired bullets recovered from the home of Virginia and Christopher Petersen. 82-85), defense counsel in the present case entered into a contract with both defendant and his family to represent defendant. Section 654 bars multiple punishment for a single act or omission. Although it literally applies only where such punishment arises out of multiple statutory violations produced by the same act or omission, we have extended its protection to cases in which there are several offenses committed during a course of conduct deemed to be indivisible in time. [Citation. On appeal, defendant argues that the charges could have been easily severed, for example, into four separate groups involving the following groups of victims: (1) Petersen, Whitney B., Sophie D., and Carol K.; (2) Elyas A., Okazaki, Yu, and Kneiding; (3) Zazzara, Chainarong K., Bell, Cannon, and Nelson; and (4) Vincow. Defendant again chose to wear the leg chains. The victim later identified defendant at a lineup and identified several pieces of jewelry that police had recovered from Felipe Solano, who had purchased the items from defendant. Although the trial court overruled defendant's objection and ruled there was no significant disparity in the percentage of Hispanics, the office of the jury commissioner adopted defendant's request to improve the method by which duplicate names were eliminated, which resulted in a significant increase in the percentage of Hispanics on the new master jury list that was used to select defendant's jury. She was previously married to Vincent Zazzara. Burial. She never saw defendant with a gun and never saw him act violently, even when provoked. The bedroom had been ransacked. WebVincent C. ZAZZARA, etc., Defendant-Appellant. But one political figure would make a damming mistake later on. 191, 800 P.2d 547.) Her dress was partially lifted and her girdle had been pulled down and torn. [A] defendant cannot be subjected to physical restraints of any kind in the courtroom while in the jury's presence, unless there is a showing of a manifest need for such restraints. (People v. Duran (1976) 16 Cal.3d 282, 290-291, 127 Cal.Rptr. Accordingly, defendant has not preserved this claim for review. Holding a news conference, she held up a police sketch of the killer, and also went on to describe the evidence from all the cases throughout the state crucial information that hadnt been made public. And we declined to hold in Beeler that even the death of a juror's parent is so debilitating that the juror is presumptively unable to deliberate. (People v. Beeler, supra, 9 Cal.4th at p. 990, 39 Cal.Rptr.2d 607, 891 P.2d 153.). Defendant left the car and ran down the street. One woman had her eyes gouged out, she added, referring to the March 27, 1985, slaying of Maxine Zazzara, 44, who was found stabbed to death along with her WebMurdered , Serial Killer Victim , Shot , Stabbed , Bludgeoned. [Citation. At the police station, defendant spontaneously confessed: I want the electric chair. We will uphold the trial court's ruling on this question if it is supported by substantial evidence. (2d ed.1989) p. [] Refusal to sever may be an abuse of discretion where: (1) evidence on the crimes to be jointly tried would not be cross-admissible in separate trials; (2) certain of the charges are unusually likely to inflame the jury against the defendant; (3) a weak case has been joined with a strong case, or with another weak case, so that the spillover effect of aggregate evidence on several charges might well alter the outcome of some or all of the charges; and (4) any one of the charges carries the death penalty or joinder of them turns the matter into a capital case. People v. Smithey (1999) 20 Cal.4th 936, 1004, 86 Cal.Rptr.2d 243, 978 P.2d 1171 [mental age a mitigating factor].) 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.
