In failing to so instruct, the court erred. The ruling of the court in thus limiting the appellant in his examination of the jurors was, in our opinion, the deprival of the appellant of a fundamental right, -- a right to be tried by an impartial jury. The court asked no follow-up questions, but observed that the juror's response was not sufficient to [48 Cal. (71 Cal.2d at p. [17a] This reasoning necessarily implies that an erroneous denial of a challenge for cause can be cured by giving the defendant an additional peremptory challenge. Please reset your password. Defendant replied that he was intimidated by Norris. A while later Norris returned alone, and told defendant that Hall could find her own way home. He first complains of provisions under which Norris agreed "to give a complete and truthful account of both his and Larry Bittaker's participation in the murders" and to "give complete and truthful testimony at all court proceedings, including preliminary hearings and trials wherein Larry Bittaker and others are defendants." 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. 19 [48 Cal. 3d 1105] rape was not forcible went beyond the evidence. Failed to report flower. 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. 2d 381 [74 Cal. (See Walter v. United States (1980) 447 U.S. 649 [65 L. Ed. Sunland, Los Angeles County, California, USA. On one occasion defendant committed a crime and was returned to custody the day of his release. 3d 1092] facie showing of group bias, thus shifting to the prosecutor the burden to justify his challenges. (See People v. Green (1980) 27 Cal. Norris does not mention torture.) Defendant was arrested pursuant to a "Ramey" arrest warrant fn. We affirm the conviction and sentence. In 1979 the pair took the lives of Lucinda Lynn Schaefer, 16, Andrea Joy Hall, 18, Jacqueline Doris Gilliam, 15; Jacqueline Leah Lamp, 13, and Shirley Lynette Ledford, 16. Please enter your email address and we will send you an email with a reset password code. In determining whether the defendant has made such a showing, trial judges may "bring to bear on this question their powers of observation, their understanding of trial techniques, and their broad judicial experience." Brown stated specifically that "to return a death judgment, the jury must be persuaded that the [aggravating factors are] so substantial in comparison with the [mitigating factors] that it warrants death instead of life without parole." 328-329 [86 L.Ed.2d at p. On cross-examination defendant admitted that he had hidden a number of photographs and one tape by burying them at Forest Lawn Cemetery. In light of the content of defendant's arrest warrant (robbery, rape, and forcible oral copulation) and the communications received over the telephone from the Hermosa Beach police department (possible photographs taken of victims, and possible involvement in murders), there appears to be sufficient nexus for the police to seize at least the photographs, camera, [48 Cal. Or has he earned the lesser penalty of life imprisonment without the possibility of parole? We do not believe they can be altered by contract so as to limit the court to reviewing the district attorney's discretionary finding as to whether Norris told the truth. 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. FN 6. 2278].) Upon returning two hours later defendant showed Norris eight photographs he had taken. 2d 1002, 109 S. Ct. Our decisions in People v. Love, (1961) 56 Cal. It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. Upon entering the van, they realized that its interior did not match Ms. R.'s description. Juror Martin expressed considerable doubt whether she could vote for a verdict of first degree murder in a case in which the body had never been found. "If you were to give a percentage to it, if you said 50.1 percent of the evidence pointed to aggravating circumstances and 49.9 pointed to mitigating circumstances, then you'd still have to impose a sentence of death. [40] The jury found 38 special circumstances. WebThe audio tape Bittaker and Norris created of themselves raping and torturing Shirley Lynette Ledford remains in the possession of the FBI Academy. (See People v. Rist (1976) 16 Cal. (People v. Lines (1975) 13 Cal. This site is protected by reCAPTCHA and the Google. [1a] Defendant argues that the warrant for his arrest and, hence, his arrest, the searches and seizures incident thereto, and statements obtained from defendant while under arrest were improperly obtained because no complaint was on file at the time the arrest warrant was issued. While defendant drove away, Norris bound and gagged the victim. Mike Horn, another [48 Cal. 3d 629 [221 Cal. 3d 1075] pistol, and chemicals. You can customize the cemeteries you volunteer for by selecting or deselecting below. Rptr. Their actions turned into a "search," and thus a warrant was necessary. 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. FN 33. The coat hanger was still wrapped around her neck. 2d 564, 91 S.Ct. 369, 506 P.2d 193], we held that the trial judge may, in his discretion, adopt the federal model in which the judge alone questions the prospective jurors. You already receive all suggested Justia Opinion Summary Newsletters. [S]ome cases are so brutal, so vicious, so horrendous, so inhumane that in order for us to exist as a society, we have to totally repudiate the conduct involved and we have to say, 'we will not accept it, we will not allow it, and the one mainly responsible for it has to suffer the supreme penalty.' It would obviously be improper for the jury to return a death verdict with respect to one murder to protect the death verdict it returned for a different murder, and the prosecutor should not have suggested that the jury do so. Neither defendant nor Norris was sexually interested in Lamp. 121, 754 P.2d 168, A.L.R.4th 1507], concerned a different situation. 3d 1083] disqualify her. This page may contain sensitive or adult content that's not for everyone. 2d 711, 726, 91 S. Ct. Photos larger than 8Mb will be reduced. The bodies of Lucinda Schaefer and Andrea Hall were never found. The court afforded the prosecutor a chance to respond -- the prosecutor denied the charge -- and then denied defendant's motion. After one to two hours, defendant turned off the recorder and changed places with Norris. 546.). 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. Subsequent cases, however, have steadily drawn back from the use of a per se standard. ), FN 21. [30] When examining Joe Jackson, defense counsel asked him whether he and Norris were involved in an attempted rape in April of 1979. 2d 80, 108 S. Ct. 2273], which also involved the erroneous denial of a challenge for cause, compelling defendant to remove the biased juror by peremptory challenge. (People v. Harris, supra, 36 Cal. App. fn. FN 29. Are you sure that you want to report this flower to administrators as offensive or abusive? FN 14. Learn more about merges. ", Defense counsel responded: "Judge, what I'm concerned about, and I think the record should be made clear, is that you've indicated, if I'm interpreting correctly that in reference and regards to the death qualifying questions that neither Mr. Kay [the prosecutor] nor I would be permitted to ask any questions. [6] Finally, defendant argues that even if his consent to the search was voluntary, he did not consent to the seizure of evidence. [15] We see no reason why the courts should not recognize those differences, and limit reversals to those cases in which the erroneous ruling affected defendant's right to a fair and impartial jury. Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. It is not the function of the jury to "appeal proof" its verdict. 3d 1100] that, absent the error in question, the jury would have reached a different result. Bittaker and Norris abducted their final victim, 16-year-old Shirley Lynette Ledford, on October 31, 1979. Ledford was abducted as she stood outside a gas station, hitchhiking home from a Halloween party in the Sunland-Tujunga suburb of Los Angeles. Code, 913; see People v. Wilkes (1955) 44 Cal. 2d 690, 696-699 [234 P.2d 300].). 3d 1, it nonetheless appears erroneous in two respects. Rptr. Defense counsel then asked, "Well, would the fact that somebody were, if there were a rape involved in an alleged killing, would that mean that you would automatically vote for the death penalty." 5, 546 P.2d 293]; People v. Kanos (1969) 70 Cal. First, the judge cannot reserve voir dire for himself and exclude counsel. [38] The trial court instructed the jury that it could find first degree murder based on the infliction of torture if two requirements were met: "(1) the act or acts which cause the death must involve a high degree of probability of death, and (2) the defendant must commit such act or acts with a wilful, deliberate and premeditated intent to inflict extreme and prolonged pain." 24 We therefore conclude that defendant must show that the court erroneously denied challenges for cause to at least three prospective jurors. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? We note also that considerable time elapsed between the date of the motion and Douglas's actual testimony, during which defendant could have investigated Douglas. 6. (Section 288 is lewd or lascivious acts involving children. Defendant was sentenced to death. If any one out there can assist in obtaining them, please email. Nothing has made me react like this before. The next morning defendant took Lamp up a hill, took some photographs, and left her there. So I can't just sit here and tell you." 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. Thus, the search of the van and the seizure of items therein were properly held to be lawful by the trial court. The Legislature promptly overruled Crowe by amending section 1078 to provide that the judge "shall permit reasonable examination of prospective jurors by counsel for the people and for the defendant, such examination to be conducted orally and directly by counsel.". [3b] The notice requirements of section 844 provide that before breaking into a home to effect an arrest, a police officer must identify himself, announce his purpose and demand entry. North v. Superior Court (1972) 8 Cal. But that argument does not help defendant, for once the officers were lawfully in the van, they were entitled to seize, without a [48 Cal. Remove advertising from a memorial by sponsoring it for just $5. (Pp. Defendant then drove into the mountains, driving beyond the site of the other two murders. 306, 606 P.2d 341].) In failing to so instruct, the jury: `` What penalty has Lawrence Bittaker! For everyone erroneously denied challenges for cause to at least three prospective.. 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