Defendant introduced evidence that 14 percent of the persons who appeared for jury service identified themselves as Hispanic. A trial court should grant a mistrial only when a party's chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review a trial court ruling denying a mistrial. (People v. Bolden (2002) 29 Cal.4th 515, 555, 127 Cal.Rptr.2d 802, 58 P.3d 931.) As defendant acknowledges, we previously have rejected this contention. The third and fourth murders took place at the Whittier home of Vincent and Maxine Zazzara. 503, 781 P.2d 537, fn. I also have seen him not quite as attentive as a result of his dozing off. This change increased the percentage of Hispanics on the master list to 28.4 percent, which is more than both the 17.5 percent of the population within a 20-mile radius of the courthouse and the 26.3 percent of the population in the Central Judicial District. Hairs recovered in Mabel Bell's house were dissimilar to defendant's hair. 618, 545 P.2d 1322, fn. That person was apprehended and questioned, but then released. Weeks testified that using the registrar of voters list as the primary list results in an underrepresentation of Hispanics, because the percentage of Hispanics who are eligible to vote and who actually register to vote is lower than for other groups in the population. Dr. Defendant was arrested on August 31, 1985, and the felony complaint against him was filed on September 3, 1985. The trial court in the present case concluded that it was necessary to physically restrain defendant in view of the history of this case, and some of the statements made by Mr. Ramirez. Defendant's bizarre actions following his arrest made it reasonable for the court to fear that defendant would act violently. The jury returned a verdict of death at 11:00 a.m. To persuade him to talk, they put him in the same cell as The Hillside Strangler, and he got excited. This fact shall have no bearing upon your determination of the defendant's guilt or innocence. The offenses with which defendant was charged occurred between June 27, 1984 and August 8, 1985. You are not capable of it. Hernandez later identified defendant as her assailant at a police lineup and identified defendant at trial. Ernesto Abeyta Joseph Abbott Larry When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. In his reply brief, defendant withdrew this contention. 699-702, 139 P.3d at pp. ), The court sustained the People's objection to numerous exhibits on grounds of lack of foundation and unintelligibility and lack of authentication, adding: But again, Gentlemen, I do have knowledge and I will accept the principle that all of the-virtually all of the local news media, including the small outlet media, local newspapers, ethnic-oriented publications, various language publications, have covered this case, if that is the point you are trying to make. (People v. Saunders, supra, 5 Cal.4th 580, 589, 590, 20 Cal.Rptr.2d 638, 853 P.2d 1093.) Defendant contends that this violated his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. He jumped from the bed and chased defendant, who fired at least two more shots and then fled through a sliding glass door that had been left unlocked. 6, 20 Cal.Rptr.2d 638, 853 P.2d 1093. In the past, other cases were decided under other laws which are no longer in effect. Defendant's claim also fails on the merits. Paul Strand, Ph.D., testified for defendant that during the last week of November, 1986, he conducted a telephone survey of 300 persons who were eligible to be prospective jurors, using a computer program that generates random telephone numbers. Accordingly, either counsel may argue any such age-related inference in every case. (Ibid.). Later, in an interview from jail, he posed the question of whether serial killers are born or bred. The other requested instruction on mitigating factors stated: With regard to factors in mitigation, offered by the defendant as reasons to impose a sentence [of life imprisonment without parole] [less than death], each juror must make his or her own individual assessment of the weight to be given to such evidence. She had a puncture wound in her head, two black eyes, and her face was bruised. 1, 753 P.2d 1052, in which we held that age cannot be solely a mitigating factor and observed that the word age in statutory sentencing factor (i) is used as a metonym for any age-related matter suggested by the evidence or by common experience or morality that might reasonably inform the choice of penalty. Defendant introduced evidence that participation in Neighborhood Watch programs probably doubled while the murders were occurring. But his murder of Maxine was especially ghastly as hed gouged out her eyes. As the four-part test is stated in the conjunctive, joinder may be appropriate even though the evidence is not cross-admissible (People v. Ochoa (2001) 26 Cal.4th 398, 423, 110 Cal.Rptr.2d 324, 28 P.3d 78.). WebCurrent address for Maxine is 10234 Strong Av, Whittier, CA 90601-2035. Arthur Davidson, Asst. (People v. Thomas (1992) 2 Cal.4th 489, 524, 7 Cal.Rptr.2d 199, 828 P.2d 101.) Appeal from the United States District Court for the Central District of California. The court stated: Her death is tragic and I think we all grieve for her, but what happened to her does not add or diminish anything to the evidence as to whether or not Mr. Ramirez is guilty or innocent of these charges. Defendant claims that the methods of execution of either lethal injection or, at defendant's election, the gas chamber, deprives him of due process, because the state has failed to develop proper standards for the administration of lethal injection, and both methods constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendment to the federal Constitution. He was previously married to Maxine Zazzara and Betty Grace Peterson Zazzara. The court granted defendant a one-week continuance to present his case. (See People v. Sanders (1990) 51 Cal.3d 471, 492, fn. We recognized in Ortiz the value we place on allowing defendants to defend themselves as they deem best, absent prejudice to themselves or unreasonable delay in the processes of justice and the importance of the right to counsel of choice and the sensitive nature of the relationship between a criminal defendant and his lawyer. (Id. Neither defendant nor the victims were known to the public prior to the crimes and defendant's arrest, so the last two factors-the community status of the defendant and the prominence of the victim do not support a change of venue. Defendant removed the victim's blindfold and gag and she directed him to a briefcase that contained jewelry and to her purse, which contained money. [Gallegos]: Yes, I would like to see his profile without glasses and also from behind. A defense pathologist testified that Yu's injuries were consistent with her having been shot while seated in her car. The trial court conducted an extensive and appropriate inquiry into defendant's awareness of the possibility of a conflict of interest, offered defendant separate counsel to advise him, and obtained assurances from defense counsel that no such conflicts existed or were likely to arise. Murder that is committed with malice but is not premeditated is of the second degree. (People v. Panah, supra, 35 Cal.4th 395, 449, 25 Cal.Rptr.3d 672, 107 P.3d 790; People v. Coffman and Marlow (2004) 34 Cal.4th 1, 46, 17 Cal.Rptr.3d 710, 96 P.3d 30.) Defendant has not made a showing that his mental condition resulted in an inability to assist in his defense or to understand the proceedings. He took jewelry, money, and a videocassette recorder and left. 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. The Court: Would you like him to stand? A defendant whose request to substitute counsel is granted cannot complain on appeal that the trial court should have denied that request. No, he does not look the same. 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. 1417.). In the following years, he would leave more of these pentagrams behind, and would also tell his victims to swear to Satan instead of God. Arturo Hernandez represented that defendant had entered into a written contract retaining him and Daniel Hernandez as his attorneys. He forced her to kneel with her head on the bed and covered her head with a pillow. Her nose was broken and both eyes blackened. omitted.) (People v. Ochoa, supra, 26 Cal.4th 398, 426, 110 Cal.Rptr.2d 324, 28 P.3d 78.). The victim yelled for help from a neighbor who was a deputy sheriff. There was no gross unfairness and defendant was not deprived of a fair trial. ), The burden is on the party seeking severance to clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried. [Citation.] However, it is also the view of the court that the defendant should be fully informed regarding his choice of counsel, so that he may make his decision knowingly and intelligently. About an hour after Dale Okazaki was murdered and Maria Hernandez was shot, shortly before midnight on March 17, 1985, Jorge Gallegos was sitting in his parked car with his girlfriend in front of her residence in Monterey Park when his attention was drawn by the sound of two cars applying their brakes. Do you understand if at any time in the future you change your mind and desire to obtain independent legal advice regarding the contract, you have the right to ask the court to appoint an attorney to discuss that matter with you? The Court: All right. He died on 27 March 1985 in Whittier, The Sixth Amendment commands that the accused be defended by the counsel he believes to be best. (United States v. Gonzalez-Lopez, supra, 548 U.S. at ----, 126 S.Ct. ), The nature and gravity of the present offenses could not have been more serious, but this factor alone does not require a change of venue. One stated: The weight to be given to the factors in aggravation and mitigation is a matter for each juror to determine. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. In any event, the trial court did not err in refusing to excuse for cause Prospective Juror Robert D. A prospective juror must be excused if his views on the death penalty would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath. (People v. Griffin (2004) 33 Cal.4th 536, 558, 15 Cal.Rptr.3d 743, 93 P.3d 344, quoting Wainwright v. Witt (1985) 469 U.S. 412, 424, 105 S.Ct. Her throat had been slashed and her body was partially covered by a blanket. Since this time they have come back and they have, in my opinion, based on my observations, resumed their usual demeanor and apparent cheerfulness and ability to get about their business, and I think that is important to remember This court has had nothing that would put it on notice, either by the jury or by its own observations, that would indicate that this jury is not able to continue on with its deliberations. However, when Ramirez did come in and the alarm was pressed it didnt go off. In eight of these crimes, property later was recovered that had been stolen from the victim's residence. The bedroom had been ransacked. In response to the People's observation that defendant did not request additional peremptory challenges during the selection of the alternate jurors, defendant asserts that such a request would have been futile, because the trial court had denied his earlier request for additional peremptory challenges during the selection of the seated jurors. Based upon the 1980 census as well as data compiled by California State University, Dr. In the present case, defendant did not request such a limiting instruction. He hacked them with the weapon then shot both in the head. WebMaxine L Zazzara; Previous Addresses: * Strong Ave, Whittier, CA * * *nd St, Downey, CA * Associated Businesses: Pyramid Equities; We found results for Vincent Zazzara in US White House Visitor List. We have now seen Channel 11, and this is Channel 4, and they are the same. Okazaki had been shot to death in the head from close range. Gallegos stated he was concerned by a news report he heard on the radio indicating my client wanted to plead guilty to 14 counts of murder providing the district attorney's office would drop the counts involving minor children. The court noted that it previously had ordered a psychiatric evaluation of defendant at the request of the public defender, who then represented defendant. Just over 10 percent of those polled said they had taken special precautions. (See Wheat v. United States, supra, 486 U.S. 153, 161, 108 S.Ct. Just prior to the lineup, Crawford saw a police officer who was conversing with some children raise his index and middle fingers. We missed him, detective Gil Carrillo said. Her pajama top had been pulled up, exposing her breasts, and her pajama bottoms had been pulled down around her ankles. When he and Daniel Hernandez were seeking to be substituted as counsel for defendant, Arturo Hernandez stated they had entered into a written contract with defendant, adding: Also, the other parties that have retained us, his family, who are also liable, have acquired some financial responsibility to us due to that contract. The court had the exchange with defendant, which is quoted above, in which defendant stated he had read and understood the contract. The jury found true allegations of multiple-murder, burglary, rape, forcible sodomy, and, forcible-oral-copulation special circumstances. She was previously married to Vincent Zazzara. The court observed that when the jury arrived all of them seemed, as far as appearances are concerned, able to carry on their tasks. The court asked the jury foreperson, outside the present of the rest of the jury, whether the jury was able to resume deliberations. The victim had been stabbed multiple times in her upper chest, neck, arm, and leg and had some wounds on her hands. ] (Ibid. Investigators were close to apprehending Ramirez several times. She had a large, extremely lethal, wound in her neck. They never were able to find the shoes after that. The jury reached its verdicts on the guilt phase of the trial on September 20, 1989. The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft, supra, 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.). He ran out of the apartment and called the police. Dr. I don't need to hear all of society's rationalizations. Mary Cannon was a widow in her eighties who lived alone in Arcadia. Conflicts of interest may arise in various factual settings. 8.84.1 that it must determine what the facts are from the evidence received during the entire trial unless you are instructed otherwise. Defendant argues that this instruction erroneously permitted the jury to consider aggravating factors not listed in section 190.3. Defendant ran from room to room, ransacking the house. In any event, we repeatedly have held that instructions in the language of CALJIC No. 128, 616 P.2d 1301.10 In response to questioning by the court, Prospective Juror Robert D. stated that he would not automatically vote to impose the death penalty and, instead, would consider all of the evidence before making a decision. On January 30, 1989, the court again asked defendant whether he preferred wearing a leg brace that would not be visible to the jury, rather than leg chains. He responded and called the police, who found that defendant had entered the house through a cat door, which had been bent out of shape. California courts have recognized the need to protect the sanctity of jury deliberations. 6, 263 Cal.Rptr. at p. 527, 262 Cal.Rptr. Five persons linked to this address. The photographs at issue here are gruesome because the charged offenses were gruesome, but they did no more than accurately portray the shocking nature of the crimes. Browse our public records directory to see Peter Zazzara's contact info, age, cell phone number, email address, social media profiles . The Night Stalker kept himself under control for almost a year, but on March 17, 1985, at approximately 11:30 P.M., he struck again. Ramirez was accused of entering a home in Orange County and slaying someone there.I have not learned anything about this case. Copyright 2023, Thomson Reuters. Defendant contends that trial counsel withdrew the requested instruction only in response to the court's request, adding that trial counsel obeyed the court and withdrew the instruction. But the court did not order trial counsel to withdraw the request, it merely asked him to do so after explaining why the court concluded the proposed instruction was improper. This court fully recognizes that the defendant has the right to retained counsel of his choice at all stages of the proceedings against him. Defendant handcuffed the victim to the bed and fled. I think to give this instruction would be error and I'm going to ask you to withdraw it. The relative disparity-which is the absolute disparity (12.3 percent) divided by the percentage of Hispanics in the population (26.3 percent)-was 47 percent. Defendant objected to three coroner's photographs of Lela Kneiding. 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. The court instructed the jury, pursuant to CALJIC No. 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, Maxine (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. He shot Vincent first, then brutally assaulted Maxine by stabbing her to death. The missing window screen was on the floor of the living room, and the contents of the living room were in disarray. lihtc compliance checklist. The persons so listed shall be fairly representative of the population in the area served by the court, and shall be selected upon a random basis. 503, 781 P.2d 537): Inasmuch as the basis for the decision of the Court of Appeal has been eliminated, no purpose is served by an extended discussion of the propriety of using the 20-mile-radius community in determining the population for cross-section analysis. (Id. Defendant did not object to, or move to quash, the new master list used to select the jury in the present case and thus has forfeited this issue. 10234 Strong Ave, Whittier, CA 90601 | realtor.com Photographs later taken of the crime scene showed poor lighting conditions that would make an identification of the assailant difficult. To the contrary, we noted that, on remand, the superior court might appoint them as counsel. We have no problems with him understanding, with him being very rational, very intelligent. [Citations. 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. You heard the description of the wounds that she suffered and these photographs do depict those wounds. Florence L. was taken to a hospital, where an examination revealed evidence that she had been sexually assaulted. I will be avenged. Defendant refused to remove his sunglasses after being ordered to do so by the trial judge in open court. Prospective Juror Robert D[. The trial court conducted an extensive and appropriate inquiry into defendant's awareness of the possibility of a conflict of interest, offered defendant separate counsel to advise him, and obtained assurances from defense counsel that no such conflicts existed or were likely to arise. I will have to judge each case by its own merits.. (c)), four counts of forcible sodomy (286, former subd. The court simply made certain that defendant was fully informed regarding his choice of counsel (ante, 46 Cal.Rptr.3d at p. 695, 139 P.3d at p. 79) by observing that the Hernandez attorneys did not meet the standards required of attorneys appointed by the court to represent capital defendants, noting that both attorneys had been held in contempt on at least two occasions, requiring both attorneys to disclose to defendant any facts which might bear on their ability to effectively represent him in this case, and offering defendant the assistance of independent counsel to check any information disclosed to him. (Ante, at p. 696, 139 P.3d at p. He later asked Salerno and Carrillo if they would be attending his execution. The jury resumed deliberations the following day, August 16, 1989, but defendant moved to suspend deliberations to allow the jury a period of mourning. The trial court in the present case did not abuse its discretion in resuming deliberations the day after the jury learned that one of the jurors had been murdered. ), The size of the community also militates against granting defendant's request for a change of venue. With few exceptions, the media reports were accurate. ] (People v. Cornwell, supra, 37 Cal.4th 50, 105-106, 33 Cal.Rptr.3d 1, 117 P.3d 622. The right to counsel of choice is one of the constitutional rights most basic to a fair trial. [M]ore is required to raise a doubt [as to a defendant's competence] than mere bizarre actions [citation] or bizarre statements [citation] or statements of defense counsel that defendant is incapable of cooperating in his defense [citation] or psychiatric testimony that defendant is immature, dangerous, psychopathic, or homicidal or such diagnosis with little reference to defendant's ability to assist in his own defense [citation]. (People v. Laudermilk (1967) 67 Cal.2d 272, 285, 61 Cal.Rptr. Defendant initially moved to sever the charges into at least six groups, conceding that the charges involving the Petersen and Elyas A. victims on August 5 and August 8 were properly joined, and that the charges involving the Okazaki, Yu, Doi, Bell, Cannon, Whitney B., Nelson, and Kneiding victims on March 17, May 14, May 29, July 2, July 7, July 5, and July 19 of 1985 were properly joined, but arguing that these two groups of cases should be tried separately and that the charges involving the Sophie D., Carol K., Higgins, and Vincow victims should each be tried separately. Her throat had been slashed almost from ear to ear. It appeared she may have been sexually assaulted. Again I'm not trying to jump in and tell you guys how to run your ship. Based upon these figures, the relative disparity in Bell was 62.5 percent. Dictionary of American Family Names Patrick Hanks 2003, 2006. The Court: Did you have any questions regarding any of the conditions in that contract? He called her names and repeatedly asked where was her money, jewelry, and other property. Defendant admits, however, that [c]ounsel's failure to present mitigating evidence on appellant's behalf was not explained on the record. Defendant offers no support for his assertion that the likely cause of his attorneys' decision not to present further evidence at the penalty phase was a conflict of interest caused by his family, and we decline to speculate. Arturo Hernandez: Yes, we have. Thats a pretty sick individual. Indeed, he would help himself to food and drinks in the kitchen after his crime. 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. Garden of Commemoration, Sec. There is no provision for a secret disclosure of counsel's feelings. [] 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. Defendant relies upon the bizarre nature of the criminal acts charged, [defendant]'s bizarre and abnormal behavior following his arrest, and the court's own questions at various court hearings regarding [defendant]'s competence. But none of these circumstances raised a question as to defendant's ability to understand the nature of the proceedings or assist counsel in his defense. This is not the purpose of these photographs., Defendant objected to a coroner's photograph of William Doi with a breathing apparatus in his mouth on the grounds that it is irrelevant and also under [Evidence Code Section] 352 it does have some foreign matter or other materials depicted that obviously are from something other than what was found at the scene. The court overruled the objection, finding that the picture is not inflammatory and that it has probative value certainly to identify the victim and it is not grotesque and it is not particularly repulsive, Before showing the jury photographs of Mabel Bell and Florence L., to which defendant did not object, the court again remarked that some of the photographs are not pretty but admonished the jury not to be inflamed or in any other way emotionally involved in these photographs, asking the court to look at them as neutrally and as objectively as you possibly can., Defendant objected to a photograph of Mary Cannon taken at the scene of the crime and two coroner's photographs of the victim on the grounds that they were sufficiently gory and would inflame the jury. Defendant described the photograph of the victim at the scene of the crime as particularly hideous. At the request of the court, the prosecutor withdrew the photograph of the victim taken at the scene at the crime. Accordingly, defendant is limited on appeal to arguing that the trial court erred in failing to sever the charges into the groups he requested at trial.
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