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In view of the above facts, the court is ordering that both attorneys make full disclosure to Mr. Ramirez of any facts which might bear on their ability to effectively represent him in this case After this disclosure, if there are any made, the court will, if Mr. Ramirez desires, offer him independent assistance to check any information disclosed to him. He couldve left us a signed signature, Salerno says. As explained above, we discern no error when defendant's contentions are considered individually, and therefore find no cumulative error. He brought her son from the closet and handcuffed them together to the bed. at pp. With few exceptions, the media reports were accurate. 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. 2557.) ), Defendant satisfied the first prong of this test, because Hispanics are a distinctive or cognizable group. The trial court did not err in failing to order a competency hearing sua sponte during the penalty phase. (People v. Gray, supra, 37 Cal.4th 168, 237, 33 Cal.Rptr.3d 451, 118 P.3d 496.). Contrary to defendant's assertion, the trial court in the present case did not find that Daniel Hernandez and Arturo Hernandez were unqualified to be retained as counsel by defendant. 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. We have further determined that refusal to so instruct does not contravene any constitutional requirement. The failure to do so forfeits the claim. 844, 83 L.Ed.2d 841.) Defendant continued: Of course I did it, you know that I'm a killer. An abuse of discretion may be found when the trial court's ruling falls outside the bounds of reason. [Citation. You maggots made me sick. Defendant argues that the effect of numerous errors committed during the guilt phase of the trial rendered the penalty determination unreliable. We have done a tremendous amount of work with him. The circumstance that there was no evidence of theft during the commission of the attempted murder of Hernandez and the murder of Okazaki does not establish that defendant did not harbor the intent to steal when he entered the residence. 537, 797 P.2d 561.). Defendant argues that his jury was not drawn from a fair cross-section of the population in violation of former Code of Civil Procedure sections 197 and 203, article I, section 16 of the California Constitution, and the Sixth Amendment to the federal Constitution. Challenge for Cause to Juror Robert D. The prospective jurors were sequestered and individually questioned concerning their views on the death penalty as then required by our decision in Hovey v. Superior Court (1980) 28 Cal.3d 1, 80, 168 Cal.Rptr. ), Even had defendant properly preserved the issue for appeal, the claim lacks merit because the instruction given as to age was sufficient. These provisions have been interpreted to entitle a criminal defendant to a jury selected from a fair-cross-section of the community. (Duren v. Missouri (1979) 439 U.S. 357, 359, 99 S.Ct. The trial court properly denied the request because it correctly was concerned that interrupting the jury's deliberations at that point to inquire about the effect of the juror's death would undermine the sanctity of deliberations. We recognized in Champion that it is possible the jury might improperly consider at the penalty phase evidence introduced at the guilt phase to show bad character. [Citations.] (People v. Ochoa (1998) 19 Cal.4th 353, 409, 79 Cal.Rptr.2d 408, 966 P.2d 442.) He then removed the handcuffs from Carol K., handcuffed her son behind his back, and put him in a closet. Garden of Commemoration, Sec. She screamed and her neighbor, Jose Burjoin, responded and ordered defendant to leave. Investigators identified him as an enraged killer because of how viciously his victims ), Defendant argues that his motion for severance should have been granted because many of the incidents were dissimilar and, thus, not all of the evidence would be cross-admissible. The prosecutor responded that the photographs were not unduly gruesome and were relevant to show that the body had been covered by a blanket (which affected the determination of the time of death), the nature and extent of her injuries, and the position of her clothing, which suggested a sexual assault. This court reversed the ensuing judgment of conviction, holding that the trial court erred in requiring the defendant to demonstrate that his attorneys were incompetent before allowing him to discharge them.4 (Ortiz, at p. 987, 275 Cal.Rptr. Several items taken from the residence later were recovered from Felipe Solano, who had purchased the items from defendant. He placed the receipts in the mail slot, as was his usual practice, and left. ), Defendant argues the death penalty statute in effect at the time of defendant's trial permitted capricious infliction of punishment under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution because it permitted the jury to consider the same facts in determining defendant's guilt of the charged offenses, the truth of the special circumstance allegations, and the proper penalty. The Court: Very well. All of the charges against defendant were properly joined under section 954 because they either were connected together in their commission or were offenses of the same class of crimes. Each of the groups of offenses suggested by defendant in the trial court included charges of murder or rape or both. Section 654 does not, therefore, preclude imposition of both the determinate sentences and the death sentences. On April 14, 1986, during the preliminary hearing in municipal court, defense counsel requested that we be allowed to talk to you in chambers and without the presence of the prosecutor regarding a request by defendant not to attend the preliminary hearing. Garden of (People v. Braxton (2004) 34 Cal.4th 798, 813, 22 Cal.Rptr.3d 46, 101 P.3d 994; see also People v. Anderson (2001) 25 Cal.4th 543, 599, fn. The record will so reflect, the defendant has refused to stand, take his glasses off and face my clerk so that the profile could be seen by the witness., At the close of the guilt phase of the trial, the court instructed the jury, over defendant's objection, that defendant's refusal to stand and remove his sunglasses is not sufficient standing alone and by itself to establish the guilt of the defendant, but it is a fact which, if proved, may be considered by you in the light of all other facts in deciding whether defendant is guilty or not guilty. 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. Under the bar plan, an attorney would have to be a member of the California bar for a minimum of ten years, be an attorney of record in at least fifty trials, forty of which must have been submitted to a jury for decision, and thirty of the fifty must have been felonies. Trending. 81, 9, p. On December 19, 1988, before the prospective jurors were brought into the courtroom, the prosecutor noted that the proceedings had been moved to a smaller courtroom, which would require the jury to pass by the counsel table where they might see defendant's leg chains. Read original story Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez At TheWrap, 'Night Stalker': How Dianne Feinstein Jeopardized the Search for Serial Killer Richard Ramirez, 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video), Murder Charges Dropped Against Curtis Flowers, Subject of True Crime Podcast 'In the Dark', Night Stalker': 10 Most Terrifying Details About Satanic Serial Killer Richard Ramirez, Viewers veto judges' votes on dj vu-inducing top 12 'American Idol' episode, Ashley Judd reflects on mom Naomi's 'irreplaceable loss' a year after the country star's death, Michael J. You are free to assign whatever moral or sympathetic value you deem appropriate to each and all of the various factors you are permitted to consider. 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. 1173, 55 L.Ed.2d 426 (Holloway), in which indigent codefendants were represented by a single appointed attorney who represented that he had received confidential information from each defendant that created a risk of conflicting interests, but no conflict of interest was found in Cuyler v. Sullivan (1980) 446 U.S. 335, 100 S.Ct. 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. Citing our decision in People v. Hannon (1977) 19 Cal.3d 588, 138 Cal.Rptr. 1708, fns. Trial counsel could have respectfully disagreed and asked the court to rule on his request but, instead, withdrew the proposed instruction, thus forfeiting this issue. 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? He took jewelry, money, and a videocassette recorder and left. You must not consider other cases or news reports, or speculate about actions for other authorities in arriving at a penalty verdict in this case. Gallegos identified defendant at trial. The court noted that the brace was less obtrusive than leg chains and thus to defendant's advantage. WebVincent Zazzara Richard Ramirez Maxine Levenia Tedder Zazzara at Find a Grave. 188, 450 P.2d 580, such intent cannot support a finding of felony-murder. The high court denied relief, distinguishing Holloway on the basis that counsel had not protested his inability simultaneously to represent multiple defendants. (Mickens, at p. 173, 122 S.Ct. Feinstein gave up the caliber of gun, the type of shoe, and the fact that he left foot prints. 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. She stopped breathing and the officers administered CPR until an ambulance arrived. On May 31, 1985, Carlos Valenzuela noticed that newspapers had been left in the driveway of the house shared by 83-year-old Mabel Bell and her 79-year-old sister, Florence L. He knocked on their door, but received no reply. Arturo Hernandez represented that defendant had entered into a written contract retaining him and Daniel Hernandez as his attorneys. The den and bedroom had been ransacked. Catherine is related to Julie Odonnell Wright and Gloria L Wright as well as 2 additional people. Defendant's confessions were reported, but these confessions ultimately were admitted into evidence. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This court fully recognizes that the defendant has the right to retained counsel of his choice at all stages of the proceedings against him. On October 30, 1986, defendant called a guard over to his jail cell, displayed photographs of two of the murder victims, and said: People come up here and call me a punk and I show them the photographs and tell them there's blood behind the Night Stalker and then they go away all pale.. Accordingly, defendant has not preserved this claim for review. At the urging of the defense, Arce conducted an experiment on a small sample of the registrar of voters and DMV lists, which resulted in an increase from 19 to 26 percent Hispanics when the DMV list was used as the primary list. The court informed the jury that Juror Singletary had apparently been killed by her boyfriend as a result of a personal matter between the two people and it had nothing to do with this case. The court denied the motion at a hearing on September 5, 1989. He was standing over her bed, holding a gun, and shining a flashlight in her eyes. The victim had been stabbed multiple times in her upper chest, neck, arm, and leg and had some wounds on her hands. In a footnote to the reply brief, defendant states he inadvertently omitted these two bases for challenging the jury venire in his opening brief, adding without supporting argument or citation of authority that [t]hese grounds are also asserted as improper bases for underrepresentation and exclusion of potential jurors. We need not, and do not, resolve these contentions. Between 3:00 and 4:30 a.m. that morning, Launie Dempster, the newspaper deliverer, had seen defendant walking to his car, which was parked next door to Nelson's house in Monterey Park. 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. Appeal from the United States District Court for the Central District of California. In court, during his arraignment in municipal court, defendant said, Hail Satan, and displayed a pentagram and the number 666 on his palm. Do you understand the court is ordering you [to] do that? It wasnt until Ramirez left a pentagram, written with lipstick on the wall and on the leg of a victim, that investigators drew the connection to Satanic worship. The Court: Mr. Daniel Hernandez, you are nodding your head yes. Do you-. 439-440 [20 Cal.Rptr.3d 182, 99 P.3d 505]; People v. Brown [(2004)] 33 Cal.4th [382] at p. 404 [15 Cal.Rptr.3d 624, 93 P.3d 244] [International law does not prohibit a sentence of death rendered in accordance with state and federal constitutional and statutory requirements]. Defendant struck Sakina A. in the head and handcuffed her hands behind her back. Defendant's palm print was found on the sink. ] (Ibid. 8.85, the prosecutor told the jury: You may consider those crimes [of which defendant was convicted] in aggravation in determining penalty in this case only once; you can't consider them in section a and section b. Prospective Juror Robert D[. All rights reserved. On the morning of August 31, 1985, Manuela Villanueva was sitting in her parked car when defendant ran up and demanded her car keys. On the ride to the police station, defendant asked the officer to just shoot me, saying he wanted to die. Defendant was an amateur burglar. A defense pathologist testified that Yu's injuries were consistent with her having been shot while seated in her car. 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. (189. Stay up-to-date with how the law affects your life. 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. Defendant's claim also fails on the merits. The Court: Did you understand each item in that contract? That guarantee mandates that the pools from which juries are drawn must not systematically exclude distinctive groups in the community. ] (United States v. Gonzalez-Lopez (2006) 548 U.S. 140, 126 S.Ct. The court had the following exchange with defendant: The Court: Since you are bilingual, I want to inquire: the contract was written in English? Learn more about FindLaws newsletters, including our terms of use and privacy policy. [Citations. The circumstances in Rideau bear no resemblance to the circumstances in the present case. He saw the man push Yu away, enter his car, and drive away. His cousin killed his wife right in front of him when he was 13 years old.

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