Christopher Petersen drove his wife to the hospital. Sandra Hotchkiss testified for the defense and acknowledged that she was incarcerated at the California Institution for Women serving a term for burglary. The email address cannot be subscribed. The evidence easily is sufficient to support defendant's conviction of second degree murder for killing Yu. The defendant in Williams had argued that the relevant community was the entire county, while the People had asserted the relevant community was the judicial district. 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. In essence, defendant's claim is premature. Defendant shoved her aside and entered the condominium. Five persons linked to this address. Ramirez, first known as the walk-in killer, invaded homes, murdering and sexually assaulting the residents, from June 1984 to August 1985. Gun sales tripled, returning to normal after defendant's arrest. The circumstances in Rideau bear no resemblance to the circumstances in the present case. (c)), and 14 counts of first degree burglary (459). WebPeter Zazzara's father Vincent and step-mom Maxine were brutally murdered by Richard Ramirez in their ranch-style home in Whittier, Los Angeles, on March 27, 1985. And also there will be a coroner's photograph of Mrs. Zazzara. Launie Dempster, who delivers newspapers, testified that she had seen defendant in a car parked near the Dois' home an hour and a half before the attack. Valenzuela removed the table and left to call the police. Trematodes are parasitic worms, found in the bodies of various animals, having a flattish or cylindrical form, with skin often perforated by pores, and usually furnished with adhesive suckers. (18 Oxford English Dict. Defendant's objection to the 1987-1988 master list was rendered moot, because that list was not used to summon the jurors in the present case. Defendant later withdrew this instruction: The Court: I do not believe that this instruction is pertinent to any evidence that I've heard in this case. Son of Night Stalker Richard Ramirez victims says, 'I wish I'd They never were able to find the shoes after that. 644, 431 P.2d 228.). [Citations. Defendant indicated he no longer intended to retain Gallegos and instead asked to retain attorneys Arturo Hernandez and Daniel Hernandez (who are unrelated). maxine zazzara house One of the only trails investigators had was a shoe print he left in a flower bed in one of his earlier murders. Raymond Arce, Director of Jury Management, Office of the Jury Commissioner, testified that each fiscal year, usually in May, a master list of potential jurors in Los Angeles County is compiled using records from the county registrar of voters and the California Department of Motor Vehicles. The house had been ransacked. The Court: Did you understand each item in that contract? When Ramirez killed the accountant Peter Pan in his San Francisco home in 1985, evidence of the crime made it all the way up to then-Mayor Dianne Feinstein, which would be a tipping point in the investigation. We have our standard retainer agreement that we have used in many, many different felony cases, including murder cases. [Citation. Argued and Submitted June 30, 1980. Mr. Maxine Zazzara She was previously married to Vincent Zazzara. [T]he reviewing court must independently examine the record and determine de novo whether a fair trial is or was obtainable. [Citation.] And this turned out to be the case. Citing our decision in People v. Hannon (1977) 19 Cal.3d 588, 138 Cal.Rptr. [Citations. I think this is just-. You are now instructed that sympathy does play a legitimate part in determination of whether a defendant shall suffer death, or be imprisoned for life without the possibility of parole. 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. The admission of photographs of a victim lies within the broad discretion of the trial court when a claim is made that they are unduly gruesome or inflammatory. Do you understand that possibility does exi[s]t? [Citation. Investigators put two officers in the dentists office to be ready. Prospective Juror Robert D[. Defendant claims that his jury was not drawn from a fair cross-section of the population in violation of Code of Civil Procedure sections 197 and 203, article I, section 16 of the California Constitution, and the Sixth Amendment to the federal Constitution because the methods used to summons the jury venire resulted in the elimination of a disproportionate number of Hispanics. As explained below, defendant challenged the composition of the master list that was used to summon jurors during the 1987-1988 fiscal year that ended in June of 1988. Defendant took Carol K. to her bedroom, put the gun to her head and threatened to kill her, then tied her hands behind her with a pair of pantyhose. A trial court does not abuse its discretion if it discharges a juror who falls asleep during the trial. The trial court denied defendant's motion to sever some of these counts and try these charges in eight separate trials. Understanding that, do you wish at this time the opportunity to talk to an independent attorney? While in jail awaiting trial, defendant used his blood to draw a pentagram on the floor and write the number 666. On September 20, 1989, after the court accepted the jury's guilty verdicts, the prosecution indicated that it did not intend to present any further evidence at the penalty phase, but reserved the right to call rebuttal witnesses. 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. Maxine Zazzara, (562) 417-8189, Whittier Public The trial court conducted an extensive and appropriate inquiry into defendant's awareness of the possibility of a conflict of interest, offered defendant separate counsel to advise him, and obtained assurances from defense counsel that no such conflicts existed or were likely to arise. [Citations. The victim's three-year-old son awoke, and defendant bound his hands and feet and covered his head with pillows. We described the right of a criminal defendant to counsel and to present a defense as among the most sacred and sensitive of our constitutional rights and cautioned that the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best. (Id. The trial court denied defendant's motion for change of venue on January 9, 1987, stating it was not convinced that the survey shows that the pretrial publicity in this case has created an atmosphere where he cannot receive a fair trial. The court described the news coverage of this case as saturation, as much as they possibly can give, but noted that this was not the only case in Los Angeles that had received such extensive news coverage. A trial court's authority to discharge a juror is granted by Penal Code section 1089, which provides in pertinent part: If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his duty, or if a juror requests a discharge and good cause appears therefor, the court may order him to be discharged and draw the name of an alternate, who shall then take his place in the jury box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors. (Italics added; see also Code Civ. We have conducted extensive investigations of the case with him. Defendant contends that trial counsel withdrew the requested instruction only in response to the court's request, adding that trial counsel obeyed the court and withdrew the instruction. But the court did not order trial counsel to withdraw the request, it merely asked him to do so after explaining why the court concluded the proposed instruction was improper. Family (2) See also Other Works | Publicity Listings | Official Sites View agent, publicist, legal and company contact details on IMDbPro Please look through the Manual of Style and editing guidelines, before you start contributing, to follow proper page structure. We agree with the trial court that defendant's requested special instruction on sympathy was argumentative and, in any event, the proposed instruction properly was denied because it duplicated other of the court's instructions. Citing Rideau v. Louisiana (1963) 373 U.S. 723, 83 S.Ct. A criminalist testified that it was uncertain whether semen collected from Sakina A. could be matched to defendant. ], as I have indicated before, nodding, and it seemed somewhat clear that-that Mr. The trial court denied the challenge. On January 30, 1989, the court again asked defendant whether he preferred wearing a leg brace that would not be visible to the jury, rather than leg chains. 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. As explained above, we discern no error when defendant's contentions are considered individually, and therefore find no cumulative error. 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. 10. Defendant's claim also fails on the merits. Counsel in Ortiz, Daniel Hernandez and Arturo Hernandez, are the same attorneys who represented defendant in this case. 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. She had been shot in the forehead from no more than 18 inches away. (b).) Mr. A. at p. 742, 263 Cal.Rptr. I'd rather die than spend the rest of my life in prison. And we declined to hold in Beeler that even the death of a juror's parent is so debilitating that the juror is presumptively unable to deliberate. (People v. Beeler, supra, 9 Cal.4th at p. 990, 39 Cal.Rptr.2d 607, 891 P.2d 153.). She heard a muffled loud sound as she escaped and ran around to the front of the condominium complex where she saw defendant leaving the complex. Evidence that does no more than form the basis for speculation regarding possible current incompetence is not sufficient. She ran out of the car and called for help. Garden of Commemoration, Sec. We agree. ), Defendant argues that granting prosecutors virtually unfettered discretion to decide whether to seek the death penalty violates the Fifth, Eighth, and Fourteenth Amendments to the federal Constitution.

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