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. It barred only proof of his classification . [48 Cal. fn. As for general voir dire of course the code section allows the attorney a reasonable opportunity to make inquiry of the respective jurors for cause. Defendant then returned to the van, and Norris stood watch outside. The important point, and one defendant concedes, is that probable cause was shown to support the issuance of the arrest warrant; it is immaterial whether that same document initiated criminal proceedings against him. Brand's interviews with Bittaker during his final years in prison are the basis of the special. Try again. Although the evidence on this point is conflicting, Officer Valento may have announced that it was the Burbank police. 3d 1080] the death-qualifying voir dire to four questions; (3) when the court advised a jury-selection expert, who arrived in the court's chambers without prior notice, that it would not authorize payment of county funds for her fees; (4) from a hearing following the prosecution's subpoena requiring defense counsel to produce photographs allegedly given him by defendant; (5) from an ex parte communication with the jury where the court advised the jurors on the "gruesome" nature of the evidence and reminded them of their obligation to evaluate it dispassionately; (6) and (7) from at least two in-chambers conferences on the scope of cross-examination. By Oct. 31, 1979, Lawrence Bittaker and Roy Norris the so-called Toolbox Killers had already killed four women. Oops, some error occurred while uploading your photo(s). 3d 1094]. 77.) Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! The "search" (listening) of the Ledford tape. You can customize the cemeteries you volunteer for by selecting or deselecting below. Bittaker and Norris The Tool Box Killers, here to read the Transcript of Shirley Lynette Ledford audio recording. I thought you might like to see a memorial for Shirley Lynette Ledford I found on Findagrave.com. Exclusion of evidence of crimes of Norris and Jackson. The problem is that the jury had heard evidence of some felony convictions which, under the law at time of trial, would not be admissible to impeach. Failed to delete memorial. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. In light of the overwhelming evidence of defendant's guilt, we find no reasonable probability [48 Cal. 368, 729 P.2d 802]; People v. Teitelbaum (1958) 163 Cal. 833, 502 P.2d 1305, 57 A.L.R.3d 155], relied on Teale, supra, 70 Cal. The jury found intentional murder by means of torture as to all victims except Lamp; with respect to Lamp, it found as a special circumstance that she was killed to prevent her from testifying as a witness. All of these items were admitted into evidence except for the tapes other than the Ledford tape. After the officers were stationed at all of defendant's windows, Officer Valento knocked on the door of defendant's motel room. 2d 229, 241 [23 Cal. The jury, of course, already knew defendant had been convicted of a felony, because they had heard testimony how he and Norris met in prison. These conflicting answers present the same issue as arose with Juror Gage. 20 Defendant asserts this limitation constitutes reversible error. 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. Questions and comment on defendant concealing evidence. Defendant offered her a ride. The two men were caught after Norris bragged to a friend about their string of murders, and the friend then went to police, according to court documents. 3d 1083] disqualify her. 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. And I made that type of ruling, and I've made that clear to the attorneys. They did not know the nature of the felony. [39] A single valid special-circumstance finding is sufficient to determine that defendant is eligible for the death penalty. Code, 913; see People v. Wilkes (1955) 44 Cal. Under People v. Beagle (1972) 6 Cal. 732, 579 P.2d 1048], we relied on Teale, supra, 70 Cal. medianet_versionId = "3111299"; The two then switched places, with Norris turning on the tape recorder and then himself ordering Lynette to scream, while hitting her with a sledgehammer. Defendant then returned to the van. A few days later, however, he asked defendant if he could read and review it. Resend Activation Email. [41] Defendant presents a variety of arguments attacking the admissibility of Dr. Markman's testimony, but all boil down to the claim that to the extent the testimony went beyond the 1974 offense it was not proper rebuttal. 17.) Does anyone actually believe that life imprisonment without possibility of parole is punishment for Mr. Bittaker? Defendant's argument mistakenly assumes that his consent was essential to the validity of the seizure of the manuscript. 359, 365-366 [28 P. 261], so holds. I mean the aggravating circumstances on a scale, they're going to put the scale way down at the bottom. at p. 239].). 3d 1081]. 2d 536, 555 [58 Cal. (See People v. Wheeler, supra, 22 Cal. On cross-examination, the prosecutor asked defendant why he had not objected when Norris abandoned Andrea Hall in the mountains. We therefore find no error in the ruling. Section 1076 provides that "[n]o person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to the jury, founded upon public rumor, or statements in public journals, circulars, or other literature, or common notoriety if upon his or her declaration, under oath or otherwise, it appears to the court that he or she can and will, notwithstanding that opinion, act impartially and [48 Cal. On this record we can declare that there is no reasonable possibility that had the errors not occurred a different verdict would have been rendered. WebBy the time I finished reading about Shirley Lynette Ledford, I was physically disturbed. fn. FN 7. All photos uploaded successfully, click on the Done button to see the photos in the gallery. This browser does not support getting your location. 3 When she did not die instantly, he turned her over and pushed the pick through the other ear, and stepped on it until the handle broke. More recent cases which speak of defendant's obligation to advise the court of his dissatisfaction with the jury assume that the court, so advised, could fashion an appropriate remedy (see, e.g., People v. Crowe, supra, 8 Cal. Despite this inconsistency, the fact that Ms. R. positively identified defendant in a photographic lineup, in addition to the fact that her description of the van closely approximated its actual appearance, create sufficient probable cause for the arresting officers to seize the van as an instrumentality of a crime. "Now that takes some of the burden off of you. Their actions turned into a "search," and thus a warrant was necessary. Rptr. After describing defendant's life in prison, the prosecutor continued: "Make no mistake about it, ladies and gentlemen, a sentence of life imprisonment without possibility of parole for Lawrence Bittaker in this case would be a total complete victory for him. But again I really don't think that it's going to be that close in this case. 3d 1062] area. 3d 865 [183 Cal. (CALJIC No. Rptr. Use of this site constitutes acceptance of our, Press J to jump to the feed. Defendant bought a van, choosing one with sliding doors to make it easier to seize a victim and drag her into the van. If McLaughlin were willing to work pro bono, or counsel to pay her fees from some other source, she would be entitled to remain and continue to assist in the selection. Defendant claims that if present he could have given the court or his attorney information that may have served as a basis for the court granting a continuance. 2d 72, with approval (18 Cal.3d at pp. The prosecutor's language did not envision an appropriateness decision during the weighing process, for it describes the weighing as a separate decision which precedes the penalty determination, and one, moreover, based on a type of arithmetic calculation incompatible with a moral assessment. In failing to so instruct, the court erred. Therefore, when the trial court denied defendant's suppression motion, it necessarily ruled on the voluntariness of defendant's consent. Teale, supra, 70 Cal. FN 32. Arresting officers' compliance with section 844. The next day Norris dropped defendant at Norris's residence and left to drive the girls home in the van. We have, however, cautioned that "where a codefendant has made a judicial confession as to crimes charged, an instruction that as a matter of law such codefendant is an accomplice of other defendants might well be construed by the jurors as imputing the confessing [co]defendant's foregone guilt to the other defendants." However, as wrong as it may be, I really would like to hear the tape and see the autopsy photos. Neither can we determine whether the prosecutor, at the time he asked the question, intended to prove the fact at issue. A later decision, People v. Davenport (1985) 41 Cal. Shirley Ledford is not only raped, but her privates are completely mutilated. Defendant held Schaefer while Norris tried to strangle her, but when he changed his grip Schaefer and defendant fell over backwards. All statutory references are to the Penal Code unless otherwise stated. Please ensure you have given Find a Grave permission to access your location in your browser settings. The Supreme Court reasoned that the right of peremptory challenge is not itself of constitutional dimension; it is a means to protect the constitutional right to an impartial jury. (People v. Green, supra, 27 Cal. Rptr. 26 Her voir dire presents no unqualified statement that she actually felt that she could be fair and impartial in the penalty phase of this case. Since the error is not of constitutional dimension, the appropriate test of prejudice is the "reasonable probability" test set out in People v. Watson (1956) 46 Cal. Rptr. Our decisions in People v. Love, (1961) 56 Cal. You're bound by law, you're bound as jurors to follow the law. 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. 546.). FN 4. 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. 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." If they do "then you would be duty bound to impose a death verdict." 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. fn. Rptr. Norris testified, however, that all were immediately subdued, and then transported a considerable distance against their will. 393, 528 P.2d 1].) (Compare People v. Hoban (1985) 176 Cal. Six or seven uniformed police officers participated in defendant's arrest. At that point the prosecution had used 21 challenges. 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. Nothing in the bargain requires or permits Norris to testify falsely against defendant. Norris strangled the victim with a coat hanger. (b) Tapes, photographs, and other physical evidence. They put Ledford's body in a bed of ivy in a suburban neighborhood, where it was discovered by an early morning jogger. The United States Supreme Court reversed the penalty, holding that "it is constitutionally impermissible to rest a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death rests elsewhere." The trial court cannot on this record be said to have acted improperly in denying the challenge for cause. Thus, in the case of "mere evidence," probable cause must be examined in terms of cause to believe that the evidence sought will aid in a particular apprehension or conviction. Learning that she was a virgin, he set up a tape recorder to record her cries during the rape. A portion of an ice pick was lodged in Gilliam's skull. 440, 710 P.2d 240]. 3d 739, 768 [239 Cal. 3d 1064] time to pray before they did; Norris, however, assured her that she would not be killed. FN 24. "That tape was going to be used for his own sexual gratification. The trial court acted properly in denying this challenge for cause. It's his home. This site is protected by reCAPTCHA and the Google. Defendant calls our attention to People v. Carmichael (1926) 198 Cal. Rptr. 328-329 [86 L.Ed.2d at p. medianet_width = "728"; He later said it brought him to tears, and caused him to change his stance on capital punishment, from anti to pro. Limitation on death-qualifying voir dire. Defendant kidnapped and murdered five teenage girls, raped four of them, and tortured at least one. Rptr. Shirley Lynette Ledford was born on March 4, 1963 in California. 3d 1105] rape was not forcible went beyond the evidence. Shown a picture of Lucinda Schaefer, Dryburgh said she was one of the girls in the photographs he had seen. Norris strangled her with a wire coat hanger. FN 5. Learn more about merges. She was followed by Andrea Joy Hall, 18; Jacqueline Doris Gilliam, 15; Jacqueline Leah Lamp, 13, and Shirley Lynette Ledford, 16. She responded with an unqualified "yes." The car was later searched at the police station and incriminating evidence was discovered. Appellate counsel argues that with a better copy, an expert might be able to show some other origin for the background noise. fn. 1770]) the judge asked the jurors if they had any belief "that would prevent you from voting for the death penalty simply because of the fact that it is the death penalty?" The defense objected to the judge's rulings denying its challenges for cause to five jurors, but used peremptory challenges to dismiss those jurors. Failed to remove flower. You need a Find a Grave account to continue. Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. Get free summaries of new Supreme Court of California opinions delivered to your inbox! Defendant was paroled in November of 1978 and rented a room at the Scott Motel in Burbank; Norris was paroled in January of 1979. 2. Neither permitted a court to prohibit voir dire of jurors who gave equivocal answers. He then strangled Hall until she died and threw the body over an embankment into some bushes. (Rogers, at p. 6 [78 Cal. The coat hanger was still wrapped around her neck. (Jackson, supra, at pp. 3d 431 [247 Cal. The men threw both bodies over an embankment into the chaparral. Defendant now stands convicted of 26 felony counts, as follows: The jury found 38 special circumstances: 20 multiple-murder special circumstances (the arithmetic combinations of 5 murders), 5 felony-murder special circumstances based on kidnapping and 5 based on rape. provided the arresting officer views it from a position in which he has a legal right to be. Try again later. Defendant then took Gilliam out of the van and killed her, first thrusting an ice pick through her ear into her brain, then choking her. Found more than one record for entered Email, You need to confirm this account before you can sign in. Rather, we affirmed in each case because the majority concluded that the prosecutor's remarks did not have the effect of misleading the jury as to its responsibility to determine the appropriate penalty. Rptr. During the first day of jury selection, jurors were questioned individually in chambers concerning their views of the death penalty. He points out that this special circumstance applies only if "the killing was not committed during the commission of the crime to which he was a witness" ( 190.2, subd. Rptr. Question three asked: "Do you have such a conscientious opinion or religious conviction regarding the death penalty that if you found the defendant guilty of murder in the first degree and you found the special circumstances alleged to be true, that you would automatically find the penalty to be life imprisonment without the possibility of parole?" [] If the death penalty isn't proper in this case, when would it ever be proper? 12. Defendant and Norris followed that car to Redondo Beach, where Hall got out and resumed hitchhiking. In the present case, there is evidence that Shoopman received letters from defendant which he destroyed, but we have no information as to the contents of those letters, or what the prosecutor knew of their contents. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. GREAT NEWS! (People v. Jackson (1980) 28 Cal. fn. 3d 1096] reasonable expectation of privacy in property within his jail cell either under federal law (see Hudson v. Palmer (1984) 468 U.S. 517, 526 [82 L. Ed. 3d 263 [127 Cal. When Schaefer walked by, he grabbed her and dragged her into the van. (46 Cal.3d at p. Searches pursuant to a warrant of defendant's van, storage boxes, and jail cell. But whether or not counsel was ineffective in this regard -- an issue which cannot be decided upon the present record -- in light of counsel's failure to move to strike the overt-act allegation, the trial court did not err in admitting the evidence. Don't you believe that if there was some psychiatric evidence favorable to the defendant, that you would have seen it, when he's on trial for his life right now?". Please contact Find a Grave at [emailprotected] if you need help resetting your password. App. Lawfulness of search of impounded van. In response to the fourth question, whether she would automatically vote for death if she found defendant guilty of first degree murder with special circumstances, she replied, "Well, if all the evidence pointed that way, yes.". Rptr. However, the trial court properly relied on People v. Teale (1969) 70 Cal. 467, 755 P.2d 917]; People v. Boyde (1988) 46 Cal. Defendant claims his purported consent to the search was vitiated by the allegedly illegal arrest (a contention we have already rejected), that the trial court failed to rule on the voluntariness of his consent, that if defendant did in fact consent to the search, he did not consent to the seizure of evidence, and that the items seized by the police officers failed to meet the "nexus" requirement of Warden v. Hayden (1967) 387 U.S. 294 [18 L. Ed. 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. In upholding the car's seizure, this court drew a distinction between seizure of a car which is itself evidence of a crime, and a car which is a mere container of incriminating articles. Defendant suggested dumping the body in someone's front yard so they could see the reaction in the newspaper. When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. 275].) On the record before us, misconduct has not been demonstrated. The photographs of the victims and the shocking tape recording of the torture of the last victim could not help but impress a jury. He has no mental illness except an inability to empathize with others. [13] Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. The two men had recorded themselves torturing Ledford with screwdrivers, raping her, and strangling her with a coat hanger. over 130). Because even if Bittaker is executed in the gas chamber at San Quentin, that's quick and humane compared to what he did to these poor, tortured girls.". He claimed, however, that his purpose was not to kidnap Malin, but to test the effectiveness of Mace as a defensive weapon. 2d 776, 88 S.Ct. First, the judge cannot reserve voir dire for himself and exclude counsel. If you notice a problem with the translation, please send a message to [emailprotected] and include a link to the page and details about the problem. 3d 573, 584 [209 Cal. At the start of the second day, the court called counsel and McLaughlin into chambers and told her that "I am not authorizing your services." The majority in North, supra, 8 Cal. Within 5 minutes of Shirley Lynette entering the van Bittaker drove the van to the silent place, then Shirley was thrown to the back side of the van. 3d 392 [174 Cal. fn. But when the context does not suggest appellate correction of an erroneous death verdict, the danger that a jury will feel a lesser sense of responsibility for its verdict is minimal. Remove advertising from a memorial by sponsoring it for just $5. There is a problem with your email/password. 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. [44] 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." 640, 640 P.2d 776].). As we have noted, the agreement called for full and complete testimony. Defendant argues that by offering the prosecutor a chance to respond to the motion, the court in effect found that defense counsel had made a prima [48 Cal. 532, 535 [93 P. 99]; People v. Diaz (1951) 105 Cal. Rptr. The court overruled defendant's objection. Please enter your email address and we will send you an email with a reset password code. Norris tried to strangle her, and then transported a considerable distance against their will reserve voir dire himself. 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