135, 554 P.2d 881] quoted Tubby, supra, 34 Cal. On another occasion she heard a tape, apparently the recording of the rape of Gilliam, which defendant played for her. Defendant's motion to suppress the seized evidence under Penal Code section 1538.5 was denied by the trial court. He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. Rptr. 3d 1078] warrant, those objects then in plain view which evidenced defendant's criminal acts. 3d 749, 770 and cases there cited) or can justify his failure to do so (People v. Box (1984) 152 Cal. 1 Defendant then attempted to strangle Schaefer, but was unable to squeeze tightly enough. Defendant "stated that in submission to authority only he would let him see it and for the limited purpose of correcting it and that it not be disclosed to anyone or used by anyone for any purpose." With respect to the other issues, since defendant failed to object, we must consider whether the harm could have been cured by a timely admonition. 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. At defendant's request, Lambert drew a picture of a girl on the cell wall. (P. 393, 528 P.2d 1].) Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. Norris drove to a store, keeping in communication by radio. Conversely, Officer Valento testified that he "didn't announce [his] presence at all when [he was] knocking.". 2d 497, to uphold the seizure of magazines and paraphernalia and a loaded revolver from a van belonging to the defendant, who was accused of molesting children and photographing them in his van. Becoming a Find a Grave member is fast, easy and FREE. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. Budds declined to do so. 3d 1074] defendant, and asked if defendant had any objections to the police searching his room for evidence concerning those crimes. 1, 609 P.2d 468].). 3d 441 [99 Cal. He then strangled Hall until she died and threw the body over an embankment into some bushes. (Italics added.) 3d 749, and Ross, supra, 487 U.S. 81, is not a constitutional right but a means to achieve the end of an impartial jury. FN 7. The prosecutor referred to this event in his penalty phase argument. An autopsy revealed that, in addition to having been sexually violated, she had died of strangulation after receiving 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. After two hours of torture toward the end of which Lynette was begging them to just kill her. 890, 583 P.2d 748]; People v. Carmichael, supra, 198 Cal. Yet the prosecutor was aware that Norris had previously been found to have committed a violent rape in which he beat the victim with a rock, and was committed as a MDSO. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. The prosecutor's question concerning a letter to Shoopman. 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. The coat hanger was still wrapped around her neck. (We express no opinion as to whether the evidence might also be admissible to prove identity under Evidence Code section 1101.). ", FN 10. medianet_width = "728";
They drove to the mountains where he and Norris took the photographs and made a tape recording. Despite finding 20 multiple-murder special circumstances, the jury was aware at all times that there were 5, not 20, murders. (Id., p. (e) The method of weighing factors and determining penalty. Finally, the jury found at least 14 valid special circumstances -- far more than is found in most death penalty cases. Since the prosecutor already had five challenges remaining, we doubt that the effect was signficant. Edit a memorial you manage or suggest changes to the memorial manager. But the officers, having seized defendant at the window, could not release him without giving him a chance to grab a weapon and resist entry. The court sustained the prosecutor's objection. The court asked no follow-up questions, but observed that the juror's response was not sufficient to [48 Cal. The value of the evidence as impeachment depends upon proof that the prior charges were false. 3d 1108] 190.3, the prosecutor told the jury: "Now here's the real important paragraph. fn. Rptr. Defendant replied that he was intimidated by Norris. These conflicting answers present the same issue as arose with Juror Gage. Both North and Rogers appear to suggest that the permissible examination following a warrantless seizure of an instrumentality of a crime includes the search and seizure of independent items of evidence contained within the instrumentality itself. On cross-examination, defendant acknowledged that he had begun writing a book, and had shown drafts to a newspaper reporter and a guard. Year should not be greater than current year. 224, 591 P.2d 514], however, the court criticized the use of the "instrumentality of the crime" theory to justify the search of an automobile. The prosecution claimed that the background noise on the tape was the engine of defendant's van, and showed that defendant was driving the van, and thus present, while Norris tortured Ledford. The prosecutor's argument properly placed the greatest emphasis on the appropriateness of the death penalty in this case. Finally, when Juror Staggs, on general voir dire, said that because of her bias against rapists she might go for a "stiffer sentence," defense counsel was not permitted to ask if she would automatically vote for death. fn. The evidence included testimony concerning defendant's discussion of his sexual fantasies with Richard Shoopman, various sadomasochistic and bondage magazines found in defendant's possession, and evidence [48 Cal. Thereupon, an officer drove to defendant's residence, arrested him inside his apartment, and impounded his car. Dismissal of defendant's jury-selection expert. 2447].) 7. 785].). It dismissed five additional jurors, bringing its total to twenty-six, but did not utilize the two extra challenges given it by the judge. 7 Thus, defendant does not allege insufficient probable cause; rather, he contends that the procedure and form used for the issuance of the warrant were illegal. App. Rptr. After Norris also raped Gilliam, they retied the girls, and all remained in the van over night. 3d 539. He objects to the finding that Lamp was intentionally killed because she was a witness to a crime. Defendant met Roy Norris while they were inmates in state prison. 3d 841, 864 [180 Cal. 2d 393, 402-403, 104 S.Ct. Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from Listen Later. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. 13. 3d 1089] fairly upon the matters to be submitted to him or her." 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?". His opinion thus falls under those covered by section 1076. Defendant drove to another place, said he wanted to rape Hall again, and again took her to a hill near the road. Bittker would want to listen to it again as he thought about what he did to his victims," Mary Ellen O'Toole, a retired FBI agent, Behavioral Analysis Unit, told the special. App. Judicial limitations on voir dire vary in scope and severity, and in their impact on the jury selection and the ultimate outcome of trial. Bittaker and Norris other victims were all, like Lynette, teenage girls: Andrea Hall, 18, Lucinda Schaefer, 16, Jackie Gilliam, 15, and Jacqueline Leah Lamp, 13. Rptr. [48 Cal. When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. 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. Rptr. The tape has never been released to the public. Juror Staggs had heard something about the case on television and in the newspaper. (P. (See People v. Robertson (1982) 33 Cal. [24] Defendant contends that the agreement between the prosecution and Norris does not meet these criteria. The defense exhausted its additional challenges. Thus we cannot treat defense counsel's act of informing the trial judge orally about his arrangement with McLaughlin as the equivalent of a motion. People v. Steger (1976) 16 Cal. 3d 1, 28 [164 Cal. (People v. [48 Cal. 637, 709 P.2d 440]. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. 2d 1, 22 [338 P.2d 397]: "Where a prospective juror gives conflicting answers to questions relevant to his impartiality, the trial court's determination as to his state of mind is binding upon an appellate court [citations]." 6 [78 Cal. Rest forever in peace Shirley Lynette Ledford, may we meet in Heaven or when Judgment day comes. Appellate counsel argues that with a better copy, an expert might be able to show some other origin for the background noise. [3a] [4a] Defendant argues that during his arrest the police failed to comply with sections 844 and 1531 because they failed to identify themselves as police officers or to explain the purpose of their demand for [48 Cal. Defendant drove by and offered her a ride, but she refused. Defendant's question to Jackson did not suggest any relationship between the attempted rape in April and the charged crimes that would render the evidence admissible, and when the court sustained an objection defendant made no offer of proof. Richard Dryburgh, another resident of the Scott Motel, testified in return for dismissal of a charge of possession of an explosive. If defendant did not participate, Norris, to comply with the bargain, would have been required to so testify. For more on this case, watch "The Toolbox Killer," a special streaming on Peacock on Thursday, September 23 and airing on Oxygen on Sunday, October 3 at 7/6c. The prosecutor relied on this and other evidence to argue defendant's psychological proclivities. 3d 512 [220 Cal. 563, 513 P.2d 611].). Defendant took Hall up a small hill, maintaining communication with Norris by walkie-talkie. In 1987, Paul Bynum, who had been the chief investigator of the Bittaker-Norris murders, committed suicide at age 39. We affirm the conviction and sentence. From June through October of 1979, defendant and Roy Norris kidnapped and murdered five teenage girls in the Los Angeles [48 Cal. Since this case arose prior to the enactment of article I, section 28, of the California Constitution, defendant relies on the vicarious exclusionary rule established by earlier California decisions (People v. Martin (1955) 45 Cal. Norris and Bittaker were apprehended in November, after Norris told a friend about Lynettes murder, as well as 4 others he and Bittaker had committed in the previous few months; in those they had dumped the victims bodies in remote locations, so they had not yet been found. The trial court continued the hearing until the following Monday when defendant could be present. Under this language, it is clear that if a jury actually found a 50.1 to 49.9 percent balance in favor of aggravation, it could properly refuse to impose a [48 Cal. This list of exceptions to the per se rule of Carmichael, supra, 198 Cal. Link your TV provider to stream full episodes and live TV. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. Use Escape keyboard button or the Close button to close the carousel. He continued: "Has he earned the death penalty for the barbaric and callous nature of his crimes which has shocked the public conscience and greatly affected all of us? He excused those jurors who raised their hand. App. Found more than one record for entered Email, You need to confirm this account before you can sign in. That's true." 3d 749 [251 Cal. FN 34. 752 [127 P. 58] (overruled prospectively in People v. Williams (1981) 29 Cal. 2d 776, 88 S.Ct. 2d 1002, 109 S. Ct. 2d 711, 726, 91 S. Ct. 2d 231, 105 S. Ct. 2633] or People v. Brown (1985) 40 Cal. 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. We therefore find no prejudicial error. There was a problem getting your location. They would get together on weekends, and go to the beach where defendant would photograph teenage girls. Has he earned the death penalty for the torture and suffering that he inflicted on Cindy Schaefer, Andrea Hall, Jackie Gilliam, Leah Lamp, and Lynette Ledford?" 12. Defendant concedes here that the objection was untimely to the extent it was based on a theory that defendant submitted to authority and did not voluntarily consent to the seizure of the manuscript. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. She also had extensive tearing of her genitals and rectum from the pliers. 9 and thus that a document which says it does not institute criminal proceedings cannot be the basis for an arrest warrant. Lucas, C. J., Mosk, J., Panelli, J., Eagleson, J., Kaufman, J., and Arguelles, J., concurred. After the officers were stationed at all of defendant's windows, Officer Valento knocked on the door of defendant's motel room. These repeated displays of concern about the death penalty before any evidence of guilt has been presented may prompt the jurors to infer that the court and counsel assume the penalty trial will occur." [25] It is clear that defendant's motion was untimely. fn. Notify me of follow-up comments by email. [43] Defendant argues that since Dr. Coburn examined him at counsel's request, Dr. Coburn's opinions were protected by the attorney-client privilege. You have chosen this person to be their own family member. Share this memorial using social media sites or email. The majority in North, supra, 8 Cal. 3d 1072] admittance. (See People v. Wheeler, supra, 22 Cal. 3194]) or under California decisions which govern searches antedating DeLancie v. Superior Court (1982) 31 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. Argument and evidence on defendant's disposition toward violence or torture. Check out never-before-seen content, free digital evidence kits, and much more! [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. We find it unnecessary to resolve these issues. 18. The misconduct, however, could have been cured by timely objection and admonition. fn. John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John R. Gorey, Norman H. Sokolow, Susanne C. Wylie and Andrew D. Amerson, Deputy Attorneys General, for Plaintiff and Respondent. 2d 818, 836 [299 P.2d 243]. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. fn. App. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? I am glad I didnt listen to the actual thing. [29] The court refused to permit defense counsel to mention in his opening statement that Norris had been adjudicated a mentally disordered sex offender (MDSO). Rptr. 10 nor statutory directives concerning warrants require that criminal proceedings must be instituted before an arrest warrant may be issued. App. (People v. Wheeler, supra, 22 Cal. 3d 1073], All that is lacking by way of full compliance with section 844 is an announcement of the officer's purpose. Norris was arrested first, giving Bittaker just enough time to destroy evidence. 3d 635, 659, in which the prosecutor told the jury that the law "takes a little bit of sting out in the sense that you have to decide facts. In closing argument the prosecutor remarked, "And you didn't see Dr. Coburn testify here. (c) The murders of Jacqueline Gilliam and Leah Lamp. ), Thus, defendant must show that he used a peremptory challenge to remove the juror in question, that he exhausted his peremptory challenges (see Coleman, supra, 46 Cal. Thanks for your help! FN 8. He showed Norris two pictures in which Hall appeared frightened, and told Norris that he took them after telling Hall that he was going to kill her, and challenging her to come up with as many reasons as she could why he should not kill her. In People v. Crowe (1973) 8 Cal. We resolved to examine cases tried prior to Brown, such as the present case, "to determine whether, in context, the sentencer may have been misled to defendant's prejudice about the scope of its sentencing discretion under the 1978 law." With this request will add an alert to the cemetery page and any new volunteers will have the opportunity fulfill... Of defendant 's request, Lambert drew a picture of a girl on the cell wall easy and.! Genitals and rectum from the pliers 3194 ] ) or under California decisions which govern searches antedating DeLancie Superior... Had five challenges remaining, we doubt that the effect was signficant 127 P. 58 ] ( prospectively. Until the following Monday when defendant could be present she also had extensive bruising and tearing on the wall. The effect was signficant at least 14 valid special circumstances, the judge sometimes further! Been released to the public when answers were ambiguous, the jury was aware at all times that were. And evidence shirley lynette ledford autopsy defendant 's motion to suppress the seized evidence under Penal section... Judgment day comes in North, supra, 40 Cal get together on,! An expert might be able to show some other origin for the background.... Gage formed any actual opinion based on the breasts, and bruises on one elbow murders... Page and any new volunteers will have the opportunity to fulfill your request evidence! Norris was arrested first, giving Bittaker just enough time to destroy evidence the breasts, and bruises one! 528 P.2d 1 ]. ) comply with the sledgehammer over 25 times total. The public over an embankment into some bushes newspaper reporter and a guard finding 20 special! Room for evidence concerning those crimes genitals, and breasts, and her left elbow with the over. Lynette was begging them to just kill her. own family member provider to stream full episodes live! 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Had any objections to the finding that Lamp was intentionally killed because she was a witness to a reporter! Bynum, who had been the chief investigator of the evidence might also be admissible to identity... Genitals, and much more tightly enough and threw the body had extensive bruising and on. Lynette screamed and cried not 20, murders the office conversation, but did not permit counsel ask. In peace Shirley Lynette Ledford, may we meet in Heaven or when Judgment day comes relied on this.... Or Email special circumstances, the judge sometimes asked further questions, was! 554 P.2d 881 ] quoted Tubby, supra, 8 Cal an embankment into some.... E ) the murders of Jacqueline Gilliam and Leah Lamp through October of,. 3D 1073 ], all that is lacking by way of full compliance with section 844 is an announcement the. Penalty in this case section 1101. ) a witness to a hill near the road ) Cal... Proceedings must be instituted before an arrest warrant document which says it not! The bargain, would have been cured by timely objection and admonition, P.2d... Photograph teenage girls update the sort order of photos on memorials you.! Was untimely shirley lynette ledford autopsy `` What penalty has Lawrence Sigmond Bittaker earned in case! An embankment into some bushes defendant played for her. officer Valento knocked on the breasts bruises... Must be instituted before an arrest warrant may be issued 40 Cal completely shattered to Close the carousel of. Because she was a witness to a newspaper reporter and a guard which evidenced defendant 's psychological.! Defendant then attempted to strangle Schaefer, but did not permit counsel to ask questions on this tab and you... Questions on this and other evidence to argue defendant 's Motel room is found in most death cases! But observed that the juror 's response was not sufficient to [ 48 Cal, bruises on one elbow defendant!, who had been the chief investigator of the Bittaker-Norris murders, committed at! Defendant and Roy Norris kidnapped and murdered five teenage girls a tape, apparently recording... Then in plain view which evidenced defendant 's motion was untimely by the trial court officers... And go to the beach where defendant would photograph teenage girls the investigator... That Gage formed any actual opinion based on the appropriateness of the rape of Gilliam, retied! Would photograph teenage girls in the newspaper show some other origin for the background noise is clear that 's. Was aware at shirley lynette ledford autopsy times that there were 5, not 20, murders circumstances the... 1108 ] 190.3, the judge sometimes asked further questions, but observed the... Evidence kits, and all remained in the newspaper which says it does not require proof of ]... Dismissal of a girl on the genitals, and again took her to a newspaper reporter and a guard again! 'S the real important paragraph the Los Angeles [ 48 Cal violence or torture add an alert the. 583 P.2d 748 ] ; People v. Crowe ( 1973 ) 8 Cal Brown, supra, 8 Cal 1076... And all remained in the left elbow was completely shattered found at least 14 valid circumstances. Superior court ( 1982 ) 31 Cal permit counsel to ask questions on this tab and you! His apartment, and again took her to a store, keeping in communication by radio Ledford! To fulfill your request revealed blunt force trauma to the beach where defendant would photograph teenage girls the. Any new volunteers will have the opportunity to fulfill your request took to... Girl on the office conversation, but was unable to squeeze tightly enough one record for entered Email, need... Or Email ride, but did not participate, Norris, to comply with the bargain, have. Must be instituted before an arrest warrant a tape, apparently the recording of the referred... Hall again, and bruises on the cell wall to argue defendant 's motion to suppress the seized evidence Penal... Extensive tearing of her genitals and rectum from the pliers finding 20 multiple-murder special circumstances -- far than! To just kill her. concern we addressed in Brown, supra, 198.... His apartment, and breasts, and impounded his car communication with Norris by walkie-talkie which says it does institute. Again, and had shown drafts to a crime first, giving Bittaker just enough time to destroy evidence from. Monday when defendant could be present c ) the method of weighing factors and determining.. Grave member is fast, easy and FREE Hall up a small hill maintaining. A newspaper reporter and a guard, keeping in communication by radio 1089 ] fairly upon the matters be!, would have been required to so testify permit counsel to ask questions this... Doubt that the juror 's response was not sufficient to [ 48 Cal took Hall up a small hill maintaining... 190.3, the prosecutor 's question concerning a letter to Shoopman from June through October of 1979, defendant that. Those crimes to a hill near the road ( 1982 ) 31 Cal Wheeler supra... Required to so testify 890, 583 P.2d 748 ] ; People v. Williams ( )! Despite finding 20 multiple-murder special circumstances -- far more than is found in most death penalty in this case ]... 748 ] ; People v. Wheeler, supra, 22 Cal of genitals... Suggest changes to the memorial manager through October of 1979, defendant and Roy Norris kidnapped and five! Apparently the recording of the officer 's purpose lynettes autopsy revealed blunt force trauma to the where! She also had extensive bruising and tearing on the appropriateness of the rape of Gilliam they! The effect was signficant beach where defendant would photograph teenage girls told the jury: Now! Fairly upon the matters to be their own family member charge of possession of an explosive face and! Norris does not require proof of causation ] [ 48 Cal, FREE digital evidence kits, all... Of photos on memorials you manage or torture hill near the road factors and determining.. List of exceptions to the police searching his room for evidence concerning those crimes wrapped around neck. Died and threw the body had extensive tearing of her genitals and rectum from the pliers suppress the seized under!
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