Oakhill Correctional Institution - PrisonPro Defendant then fled. As noted above, Hernandez testified that on March 17, 1985, about 11:00 p.m., defendant followed her into her garage and shot her as she was about to enter the condominium she shared with Okazaki. Const., art. Their names are Adam Casas, L Casas, and three others. Their throats had been slashed and they had been shot in the neck and head. The court relieved Gallegos as counsel and permitted the substitution. Upon examination by the People, the prospective juror acknowledged that he would weigh and consider the evidence presented and base his decision on that evidence and would not vote automatically for anything. Ms. Evans now handles the legendary pianist and composer's estate along with attorney Steven Lowy and others. In the present case, there was no substantial evidence that defendant was mentally incompetent. 1692. Mr. Ramirez, would you rise, please, take your glasses off and face my clerk. Maxine L. Zazzara, Downey, Cal., argued, for defendant-appellant. Defendant returned to the living room and brought Somkid K. into the bedroom, threatening to kill her children if she resisted. WebMaxine L. Zazzara, Downey, Cal., argued, for defendant-appellant. Mary Cannon was a widow in her eighties who lived alone in Arcadia. The prosecution presented the testimony of a person who had purchased stolen property from defendant on numerous occasions. at p. 989, 39 Cal.Rptr.2d 607, 891 P.2d 153. In the other bedroom, Florence L.'s wrists had been bound using an electric cord and her ankles were taped together. Can he stand? He was interrogated without counsel by the sheriff and confessed to bank robbery, kidnapping, and murder. Defendant used his blood to draw a pentagram on the floor and write the number 666. Please try again. And defendant did not show that the media coverage was unfair or slanted against him or revealed incriminating facts that were not introduced at trial. Arturo Hernandez: Yes, we have. Heinrichs Development 702 N High Point Rd Ste 200 Madison, WI 53717 info@kettlecreekverona.com. Okazaki's roommate, Maria Hernandez, was shown a photographic lineup that did not include defendant's photograph, and she said one of the photographs resembled her attacker. In several instances, surviving witnesses testified that defendant demanded money or other items of value during the crime. how old is toby perlman; tas police accident report; what happens if a player gets injured fanduel The court stated: The court finds that the defendant's waiver of his right to testify and his waiver of the right to put on evidence during the penalty phase, these waivers have been freely, voluntarily and intelligently made and joined in by his counsel., A.Pretrial Issues1. Sakina A. later identified defendant at a lineup and identified a television, a videocassette recorder, and several pieces of jewelry that police had recovered from Felipe Solano, who had purchased them from defendant. WebZazzara Vincent Charles Italian (Sicily): habitational name from the port of Mazzara del Vallo on the west coast of Sicily, which takes its name from the Mazzaro river. Defendant has not made a showing that his mental condition resulted in an inability to assist in his defense or to understand the proceedings. The door closed behind him and Hernandez opened the garage door and ran outside. The screen had been removed from her bedroom window. WE CONCUR: GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, and CORRIGAN, JJ. As noted above, the in camera hearing concluded, and Arturo Hernandez and Daniel Hernandez were substituted as counsel without the court ordering a psychiatric evaluation of defendant. ), 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.) A tube of lipstick was found on the floor. 81, 9, p. 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.) the benefit of a reasonable doubt prior to today with regard to his attentiveness it now is quite clear that good cause exists to excuse him because of his sleeping.. 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. The trial judge then engaged the prospective juror in the following colloquy: The Court: If you as [a] juror found a defendant guilty of first degree murder and you also found a special circumstance to be true beyond a reasonable doubt, would that put you in a position where in every case would you always vote for the death penalty? A torn portion of a $20 bill was on the ground. ), It is clear that the challenged photographs were relevant. ] (People v. Farnam (2002) 28 Cal.4th 107, 153, 121 Cal.Rptr.2d 106, 47 P.3d 988.). The Court: Did you read the entire contract? When Ramirez was finally apprehended, he called Salerno Mr. 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. Receiving no reply, she sent her son to a neighbor's house by promising the child that the neighbor would give him popsicles and candy bars. ] [Citation. 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 Defendant put a gun to her head, covered her mouth with a gloved hand, and threatened to kill her if she made a sound. WebMaxine Zazzara (1940-1985) Maxine Zazzara. He found his mother, Jennie Vincow, dead in her bedroom. 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. Relevant evidence means evidence having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. (Evid.Code, 210.) The firefighter who responded found the iron security gate and the front door open. Arthur Davidson, Asst. 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. 586-587, 186 Cal.Rptr. It also would be useful just in general to indicate the manner or method of death The court later added that although they are not pleasant to look at, they are relevant and as non-inflammatory as possible. The court, sua sponte, then gave the jury a cautionary instruction: Ladies and gentlemen, we're going to have some photographs given to you for your examination of the scene at the Zazzara household. The missing window screen was on the floor of the living room, and the contents of the living room were in disarray. (2)), three counts of forcible oral copulation (288a, former subd. At the time, former Code of Civil Procedure section 203 stated that in the County of Los Angeles no juror shall be required to serve at a distance greater than 20 miles from his or her residence. Consequently, the jurors were summoned from the area within a 20-mile radius of the courthouse. On October 24, 1985, the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez appeared in camera before the municipal court. Bell died from her injuries about a month later in July, 1985. Defendant's father, Julian Tapia, testified that defendant was with him in El Paso, Texas, from May 22 or 23, 1985, until May 31, 1985, which included the period during which Mabel Bell was attacked, her sister, Florence L., was murdered and Carol K. was attacked. 7. Defendant argues on appeal that the trial court erred in denying his motion for severance in violation of his Fifth, Sixth, Eighth, and Fourteenth Amendment rights, asserting that this case could have been easily severed, for example, into four separate groups. The trial court did not err in denying defendant's severance motion.6, Section 954 permits related offenses to be charged in a single accusatory pleading unless there is good cause to try them separately: An accusatory pleading may charge two or more different offenses connected together in their commission or two or more different offenses of the same class of crimes or offenses, provided, that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of said groups tried separately., Defendant's motion in the trial court to sever the charges was confusing. I probably, in an attempt not to embarrass Mr. During a court appearance, he held up the pentagram and after pleading not guilty, he said, Hail Satan., Also Read: Murder Charges Dropped Against Curtis Flowers, Subject of True Crime Podcast 'In the Dark'. Post Author: Post published: March 14, 2023 Post Category: the opportunity cost of a particular activity Post Comments: toshiba fire tv manual 43lf421u21 toshiba fire tv manual 43lf421u21 In any event, it is not required that all of the evidence be cross-admissible: Cross-admissibility of evidence is sufficient but not necessary to deny severance. [Citations. In weighing the various circumstances you determine under the relevant evidence which penalty is justified and appropriate by considering the totality of the aggravating circumstances with the totality of the mitigating circumstances. Delatorre's husband, Manuel, arrived and struck defendant on the head with a steel bar. This contention is meritless. When there was no reply, he entered the house through the unlocked door and found Bell and Florence L. Florence L. was lying on her bed in one bedroom. In the docuseries, detective Frank Salerno says, he got comfortable after killing someone he would take the time to have a snack. 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.). The trial court did not err in admitting the challenged photographs of the victims. If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration. Citing the decisions in Wheat v. United States (1988) 486 U.S. 153, 108 S.Ct. On November 7, 1989, the trial court sentenced defendant to death on his 12 convictions for first degree murder with special circumstances and a term of 59 years and 4 months on his 11 convictions of noncapital crimes. [Citations. After defendant left, Yu crawled a short distance and then lay still. The court imposed a sentence of death. Rachel Zazzera - Real Estate Agent in San Diego, CA - Zillow As we stated in Johnson, the court's ruling excusing [the juror] can be sustained solely on the basis of its finding that [the juror] had fallen asleep during trial. (Ibid.) We did not hold that Daniel Hernandez and Arturo Hernandez provided ineffective representation. 1368 comes to mind. Daniel Hernandez responded: We've been considering that from the beginning of course and we haven't made a decision on that and we are very aware and concerned about that. The court replied: So am I. When the door to the condominium closed behind defendant, Hernandez opened the garage door and fled. The defendant in Rideau was filmed in his jail cell, the morning after his arrest, flanked by two state troopers. This is where police found their first clue to the identity of the Night We have conducted extensive conversations with him. 503, 781 P.2d 537, fn. 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. The jury reasonably could have concluded that defendant abandoned his plan to steal in order to flee and avoid apprehension. Defendant introduced evidence that participation in Neighborhood Watch programs probably doubled while the murders were occurring. 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 argues that these strong counts should not have been joined with the weak counts involving Bell, Florence L., Cannon, and Nelson in which there was either no identification evidence or at best weak physical evidence that only tenuously linked appellant to the crimes. These charges can hardly be described as weak. The Court: Mr. Hernandez, you are making an issue of it. Maxine Zazzara We conclude the trial court did not abuse its discretion under section 1368 in denying Defense Counsel Gallegos's motion for a psychiatric evaluation of defendant. Decided Aug. 25, 1980. He doesn't look the same as he looked that night? Prior to the in camera hearing on October 24, 1985, referred to above, at which the court substituted Arturo Hernandez and Daniel Hernandez as counsel, Defense Counsel Gallegos appeared in camera in the municipal court with former defense counsel, Deputy Public Defender Henry Hall, and asked the judge to order a psychiatric evaluation of defendant as to his present mental state, his ability to choose his own attorney and other related matters concerning this trial. As noted above, the municipal court had taken under submission defendant's request to substitute new counsel in place of Attorney Gallegos. An actual conflict of interest means a conflict that affected counsel's performance-as opposed to a mere theoretical division of loyalties. [Citation. Catherine Mazzara - Address & Phone Number | Whitepages As noted above, we held that a criminal defendant who has retained counsel but becomes indigent may discharge his or her retained counsel and seek appointment of counsel without demonstrating that retained counsel is ineffective. Duenas grabbed a telephone to call the police and returned to the balcony. The juror's death had no connection to the present case and it is not apparent from the record that anything in the media accounts of the juror's murder would have affected the jury's deliberations. 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.) ), Defendant asserts that the prosecutor in closing argument in effect told the jury to double-count the special circumstances. To the contrary, the prosecutor expressly told the jury not to do so. Defendant entered the vehicle, saying he had a gun, but Pinon attempted to pull defendant from the vehicle. Plot. 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. The house had been ransacked. I'd rather die than spend the rest of my life in prison. Defendant contends that the trial court failed to consider a vast array of defense-proffered evidence in support of change of venue, adding that [t]he trial court erred in refusing to take judicial notice of the defense-proffered exhibits that demonstrated the prejudicial nature of the news media coverage in appellant's case. The trial court viewed several hours of videotapes of media coverage of the present case proffered by defendant. On the carpet and on a tissue, police found shoe prints from an Avia athletic shoe. As in Williams, we need not decide in the present case whether the trial court erred in using the area within a 20-mile radius around the courthouse as the relevant community for cross-section analysis. Defendant struck Sakina A. in the head and handcuffed her hands behind her back. The Night Stalker bought a machete and broke into the house of Lela and Maxson Kneiding. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. Defendant failed to object to the composition of the new master list, and thus forfeited any objection to the composition of the master list actually used to select the jury in the present case. ] (People v. Stanley (1995) 10 Cal.4th 764, 793, 42 Cal.Rptr.2d 543, 897 P.2d 481.). The Defendant: I have had 11 years of high school [sic ] and one year of technical in electrical trades, and I have a psychologist in Los Angeles who has qualified me sane. As noted above, defendant was charged in an amended information with 43 offenses-including 13 counts of murder, five counts of attempted murder, 14 counts of burglary, and four counts of rape-arising from 15 separate incidents involving 24 victims during a 14-month period ending in the summer of 1985. 191, 800 P.2d 547.) They entered and found Vincent Zazzara lying dead on the couch in the den. His cousin killed his wife right in front of him when he was 13 years old. The court refused to give this instruction because it is argumentative. [Citation. (SPOILER ALERT: Do not read on if you dont want to know what happens in Night Stalker: Searching for a Serial Killer.). As noted above, defendant was arrested on August 31, 1985. A pentagram is A five-pointed figure formed by producing the sides of a pentagon both ways to their points of intersection, so as to form a five-pointed star Formerly used as a mystic symbol and credited with magical virtues. (11 Oxford English Dict. Defendant also requested two special instructions regarding mitigating factors. Trending. A .22-caliber bullet recovered from Chainarong K.'s head had been fired from the same gun that fired the bullets that killed Vincent and Maxine Zazzara. I've heard them all before and the fact remains that is what it is. Maxine Zazzara - IMDb As explained above, reversal of the judgment is not required because there were no significant errors in defendant's trial. Rather than explain why the proposed instruction was proper and request a ruling, trial counsel simply withdrew the proposed instruction. (People v. Ochoa (1998) 19 Cal.4th 353, 409, 79 Cal.Rptr.2d 408, 966 P.2d 442.) Whittier, Los Angeles County, California, USA. ] (People v. Lewis, supra, 25 Cal.4th 610, 676, 106 Cal.Rptr.2d 629, 22 P.3d 392; People v. Blair (2005) 36 Cal.4th 686, 737, 31 Cal.Rptr.3d 485, 115 P.3d 1145.) A criminal defendant has a qualified right to retain counsel of his choice, and the trial court can deny a defendant's timely request to substitute counsel only if it will result in significant prejudice to the defendant. (People v. Gzikowski (1982) 32 Cal.3d 580, 587, 186 Cal.Rptr. 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.

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