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Hernandez later identified defendant as her assailant at a police lineup and identified defendant at trial. 82-85), defense counsel in the present case entered into a contract with both defendant and his family to represent defendant. The court carefully reviewed each photograph and, on one occasion, prevailed upon the prosecutor to withdraw a photograph that was particularly graphic and, on another occasion, to withdraw a photograph that was cumulative. If there is any substantial evidence supporting the trial court's ruling, we will uphold it. Another victim, Florence Nettie Lang, 81, was beaten to death with a hammer. At the police station, defendant spontaneously confessed: I want the electric chair. (People v. Smith (2003) 30 Cal.4th 581, 641, 134 Cal.Rptr.2d 1, 68 P.3d 302; People v. Marshall (1990) 50 Cal.3d 907, 269 Cal.Rptr. M Oregon, WI 53575. Her face was swollen and bruised. Dr. Nancy Minter, a demographics expert employed by the County of Los Angeles, testified for the prosecution and disagreed that the population of persons eligible for jury service had increased by 1987, pointing out that the growth in the Hispanic population during this period consisted primarily of noncitizens who were ineligible for jury service. vincent and maxine zazzara house. Drawers had been pulled out in the bedroom and bathroom, and clothing was strewn around the room. Accordingly, defendant has not preserved this claim for review. 2557.) Defendant admits, however, that [c]ounsel's failure to present mitigating evidence on appellant's behalf was not explained on the record. Defendant offers no support for his assertion that the likely cause of his attorneys' decision not to present further evidence at the penalty phase was a conflict of interest caused by his family, and we decline to speculate. 8.85), and we have held that instruction is proper despite its failure expressly to limit aggravating evidence to the enumerated statutory factors, and to exclude nonstatutory factors as a basis for the death penalty. at p. 597, fn. The court admitted the photographs, ruling that they were relevant and adding, although they are not particularly pleasant to look at, they were not so unduly gruesome to inflame the jury., The court admitted into evidence over defendant's objection that it was cumulative and irrelevant a photograph of Dale Okazaki lying dead on the floor with spilled groceries near her as she was found by law enforcement officers. Inside, she found her roommate, Okazaki, lying dead on the kitchen floor. Accordingly, the jury was instructed that [t]he crime of burglary requires the specific intent to commit larceny or theft and further was instructed regarding the elements of the crime of larceny.11, Although the circumstances of defendant's attempted murder of Hernandez and murder of Okazaki do not, standing alone, reveal the intent with which defendant entered the residence, the jury reasonably could have inferred that he intended to commit larceny by considering the circumstances of the other charged offenses. 664, 58 L.Ed.2d 579; People v. Burgener (2003) 29 Cal.4th 833, 855, 129 Cal.Rptr.2d 747, 62 P.3d 1.) This does not explain, however, defendant's failure to express dissatisfaction with the jury ultimately selected. Jurors may be particularly reluctant to express themselves freely in the jury room if their mental processes are subject to immediate judicial scrutiny. READ MORE. The police arrived and found Cannon lying dead on the bed. 699-702, 139 P.3d at pp. He jumped from the bed and chased defendant, who fired at least two more shots and then fled through a sliding glass door that had been left unlocked. As noted above, defendant was arrested on August 31, 1985. His right to decide for himself who best can conduct the case must be respected wherever feasible. (Fn.omitted. The high court ruled that the trial court did not err in denying the defendant's request to substitute counsel, stating, where a court justifiably finds an actual conflict of interest, there can be no doubt that it may decline a proffer of waiver, and insist that defendants be separately represented. (Id. Best of 2022 Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. About an hour after Dale Okazaki was murdered and Maria Hernandez was shot, shortly before midnight on March 17, 1985, Jorge Gallegos was sitting in his parked car with his girlfriend in front of her residence in Monterey Park when his attention was drawn by the sound of two cars applying their brakes. As explained above, we discern no error when defendant's contentions are considered individually, and therefore find no cumulative error. He then removed the handcuffs from Carol K., handcuffed her son behind his back, and put him in a closet. Defendant claims that the trial court violated his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution because it abused its discretion under section 1368 in denying Defense Counsel Gallegos's motion for a psychiatric evaluation of defendant. [Defense Counsel]: And you agree with the tactical decision that we made not to put on any evidence at this stage of the proceeding? Richard Ramirez broke into the home of Vincent and Maxine Zazzara at around 2 a.m. on March 27, 1985. After Maxine died, Richard mutilated her body with a knife and gouged out her eyes. (2d ed.1989) p. Both Messrs. Hernandez, I have some question because last time when you left the courtroom, you made some comment about going to see your client, the client obviously being the family. As explained above, reversal of the judgment is not required because there were no significant errors in defendant's trial. too much, made some remarks to the jury in general and was looking at him in particular as I was making these remarks with regards to paying attention but he even during argument occasionally would again bounce his head up and down quickly as if rudely awakening himself or something of that nature. Maxine Zazzara, (562) 417-8189, Whittier Public WebSee sales history and home details for 10234 Strong Ave, Whittier, CA 90601, a 3 bed, 3 bath, 2,012 Sq. Defendant asserts that the trial court erred in instructing the jury that it could consider whether defendant's refusal to remove his sunglasses as ordered by the court so that a witness could identify him showed a consciousness of guilt. She was one of the few who actually had a good look at the Night Stalker. A person cannot be tried or adjudged to punishment while that person is mentally incompetent. 885, 564 P.2d 1203.) In any event, the trial court did not err in refusing to excuse for cause Prospective Juror Robert D. A prospective juror must be excused if his views on the death penalty would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath. (People v. Griffin (2004) 33 Cal.4th 536, 558, 15 Cal.Rptr.3d 743, 93 P.3d 344, quoting Wainwright v. Witt (1985) 469 U.S. 412, 424, 105 S.Ct. at p. 988, 275 Cal.Rptr. 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. In addition, 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. (Stats.1980, ch. Argued and Submitted June 30, 1980. 537, 797 P.2d 561.). 626 F.2d 135 - Public.Resource.Org He fails, however, to explain how these instances evince what he describes as ongoing potential conflicts of interest between appellant and trial counsel that required an inquiry by the trial court. The trial court did not err in failing to order a competency hearing sua sponte during the penalty phase. (People v. Thomas (1992) 2 Cal.4th 489, 524, 7 Cal.Rptr.2d 199, 828 P.2d 101.) He saw the man push Yu away, enter his car, and drive away. (189. 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. He forced her to kneel with her head on the bed and covered her head with a pillow. Before dawn on the morning of August 8, 1985, Sakina A. was awakened by the sound of defendant shooting her husband, Elyas, in the head as he lay next to her, asleep. [Defense Counsel]: And you know that you have a right to take the stand? 631, 506 P.2d 1007 for the proposition that the trial court has a duty to ensure that any counsel appointed to represent the accused is competent and qualified to conduct the defense (italics added), adding: That is precisely the obligation involved in the present case which the trial court failed to meet. But Daniel Hernandez and Arturo Hernandez were not appointed by the court, they were retained by defendant. You can consider them only once., 10. Valenzuela removed the table and left to call the police. Defendant proposed 10 special jury instructions during the penalty phase. 1708, 64 L.Ed.2d 333 (Sullivan), in which three codefendants were represented jointly by retained counsel in separate trials. Defendant left the car and ran down the street. 85-88.) L[.] ] [Citation. 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. Defendant returned to the living room and brought Somkid K. into the bedroom, threatening to kill her children if she resisted. The court finds that although I gave Mr. The court gave the standard sentencing instruction (see CALJIC No. 720, 807 P.2d 949, disapproved on other grounds in People v. Stansbury (1995) 9 Cal.4th 824, 830, fn. Police found a sliding glass door had been pried open. Defendant asserts that the joinder of the charges resulted in gross unfairness and deprived him of a fair trial. As we have noted regarding allegations regarding individual jurors: The decision whether to investigate the possibility of juror bias, incompetence, or misconduct-like the ultimate decision to retain or discharge a juror-rests within the sound discretion of the trial court. Dr. The court also admitted a photograph of the victim's face taken at the autopsy despite defendant's objection under 352. The court overruled the objection, stating: It is not a pleasant picture, but it is certainly not unduly gruesome and does depict the wound causing death and the appearance of the victim, Defendant objected to an autopsy photograph of Tsai-Lian Yu that showed a breathing tube in the victim's mouth, stating there was some degree of unpleasantness to the photograph that was not necessary. The court admitted the photograph, concluding it was not objectionable under [Evidence Code section] 352 or any other criteria., Defendant objected on grounds that they were extremely grotesque and prejudicial to photographs of Maxine Zazzara taken at the scene of the crime and during her autopsy, which showed that her eyes had been removed. omitted.). Maxine Zazzara - IMDb Appeal from the United States District Court for the Central District of California. Defendant argues the trial court did not undertake a meaningful inquiry into the effect on the jury of the juror's death because it failed to inquire, for example, whether any of the jurors discussed the death of Juror Singletary, the manner of her death, or whether her death affected their ability to decide appellant's fate. Defendant objected to the jury's resuming deliberations the day after the jury learned of the juror's death, but defendant did not, at that time, ask the court to conduct a further inquiry of the jurors and, thus, has forfeited any argument that the court should have done so at that time. Since this time they have come back and they have, in my opinion, based on my observations, resumed their usual demeanor and apparent cheerfulness and ability to get about their business, and I think that is important to remember This court has had nothing that would put it on notice, either by the jury or by its own observations, that would indicate that this jury is not able to continue on with its deliberations. (See People v. Sanders (1990) 51 Cal.3d 471, 492, fn. (People v. Ewoldt (1994) 7 Cal.4th 380, 403, 27 Cal.Rptr.2d 646, 867 P.2d 757. 1417, 10 L.Ed.2d 663, defendant argues that the trial court's denial of his motion for change of venue deprived him of his rights to a jury trial under the Sixth Amendment to the federal Constitution and to due process of law under the Fifth and Fourteenth Amendments. The court instructed the jury, pursuant to CALJIC No. The court stated that it had conducted an extensive examination of the attorneys which the defendant desires to have substituted in as the retained counsel. Noting that defendant had the right to retain counsel of his choice, the court stated that it is important the defendant be fully informed regarding his choice of counsel at this point rather than to have serious questions arise later which could result in even greater delay.

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