] (People v. Lewis, supra, 25 Cal.4th 610, 676, 106 Cal.Rptr.2d 629, 22 P.3d 392; People v. Blair (2005) 36 Cal.4th 686, 737, 31 Cal.Rptr.3d 485, 115 P.3d 1145.) WebZazzara Vincent Charles Italian (Sicily): habitational name from the port of Mazzara del Vallo on the west coast of Sicily, which takes its name from the Mazzaro river. Okazaki's roommate, Maria Hernandez, was shown a photographic lineup that did not include defendant's photograph, and she said one of the photographs resembled her attacker. There is no provision for a secret disclosure of counsel's feelings. IMDbPro Starmeter See rank. When Polo had not heard from Vincent Zazzara by the following morning, he and a fellow employee went back to the Zazzaras' house and found the door in the same position as the night before. And defense counsel's concern over news reports he had heard concerning defendant's alleged plans provide no insight into defendant's mental processes. Defendant also requested two special instructions regarding mitigating factors. The relative disparity-which is the absolute disparity (12.3 percent) divided by the percentage of Hispanics in the population (26.3 percent)-was 47 percent. Defendant requested a special instruction regarding sympathy: In the guilt phase of this case, you were instructed that you should not base your verdict on various irrelevant matters, including sympathy. Defendant tied up her eight-year-old son and hit him. She raised her hand to shield her face and said something like don't or stop. Defendant approached within a few feet and fired the gun. On September 2, 1985, a guard saw defendant in his jail cell bleeding from his right palm. ), Defendant relies upon our decision in People v. Beeler (1995) 9 Cal.4th 953, 986-991, 39 Cal.Rptr.2d 607, 891 P.2d 153, in which the father of one of the jurors died while the jury was deliberating in the penalty phase of a capital trial. Web29 Mar 1985 (aged 44) Whittier, Los Angeles County, California, USA. Holding a news conference, she held up a police sketch of the killer, and also went on to describe the evidence from all the cases throughout the state crucial information that hadnt been made public. From the evidence presented, the jury reasonably could have concluded that a few minutes after he shot Maria Hernandez and murdered Dale Okazaki, defendant used his car to force Yu's vehicle into the path of a parked car, left his car and forcibly removed Yu, who was a stranger to defendant, from her car as she pleaded for help, shot her twice as she struggled, then pushed her away and fled. The Night Stalker kept himself under control for almost a year, but on March 17, 1985, at approximately 11:30 P.M., he struck again. Okazaki had been shot to death in the head from close range. ] (People v. Williams (2001) 25 Cal.4th 441, 447-448, 106 Cal.Rptr.2d 295, 21 P.3d 1209, fn. The email address cannot be subscribed. As defendant acknowledges, we previously have rejected this contention. He doesn't look the same as he looked that night? Gallegos stated he was concerned by a news report he heard on the radio indicating my client wanted to plead guilty to 14 counts of murder providing the district attorney's office would drop the counts involving minor children. The court noted that it previously had ordered a psychiatric evaluation of defendant at the request of the public defender, who then represented defendant. As in Williams, we need not decide in the present case whether the trial court erred in using the area within a 20-mile radius around the courthouse as the relevant community for cross-section analysis. 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. Moreover, a trial court must exercise caution when denying a defendant's request to substitute counsel, because [r]eversal is automatic when a defendant has been deprived of his right to defend with counsel of his choice. Hernandez summoned the police. The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft (2000) 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.) Mrs. Doi was dressed in a nightgown. 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. As noted above, the in camera hearing concluded, and Arturo Hernandez and Daniel Hernandez were substituted as counsel without the court ordering a psychiatric evaluation of defendant. Decided Aug. 25, 1980. April 14, 1985: Ramirez slipped into the Monterey Park home of Bill Doi and his disabled 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. On November 7, 1989, defendant Richard Ramirez was sentenced to death for the so-called Night Stalker murders following his convictions of 12 counts of first degree murder (Pen.Code, 187, subd. Dr. One time, he attempted a kidnapping but it failed, and while he was driving away he committed a traffic violation and a cop saw it happen. But jury selection in the present case commenced on July 21, 1988, using prospective jurors summoned using the new master jury list for the 1988-1989 fiscal year. White Pages - Find People In | Addresses In any event, the record does not support defendant's assertion that the trial court erred in this regard. (People v. Thomas, supra, 2 Cal.4th 489, 524, 7 Cal.Rptr.2d 199, 828 P.2d 101.) Hey, I want a gun to play Russian Roulette. Based upon these figures, the relative disparity in Bell was 62.5 percent. 5, 273 Cal.Rptr. 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. 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. 867, 750 P.2d 741. Night Stalker': 10 Most Terrifying Details About Satanic Serial ), The court sustained the People's objection to numerous exhibits on grounds of lack of foundation and unintelligibility and lack of authentication, adding: But again, Gentlemen, I do have knowledge and I will accept the principle that all of the-virtually all of the local news media, including the small outlet media, local newspapers, ethnic-oriented publications, various language publications, have covered this case, if that is the point you are trying to make. We have no problems.. He handcuffed Sakina A. to a doorknob, threatening to return and kill her, her three-year-old son, and her infant child if she called the police. In some cases, he would sexually assault a kid he came across in the house during a burglary. html#8> [as of Aug. 7, 2006]. But the felony-murder rule and the burglary-murder special circumstance do not apply to a burglary committed for the sole purpose of assaulting or killing the homicide victim. 692, 809 P.2d 351. [M]ore is required to raise a doubt [as to a defendant's competence] than mere bizarre actions [citation] or bizarre statements [citation] or statements of defense counsel that defendant is incapable of cooperating in his defense [citation] or psychiatric testimony that defendant is immature, dangerous, psychopathic, or homicidal or such diagnosis with little reference to defendant's ability to assist in his own defense [citation]. (People v. Laudermilk, supra, 67 Cal.2d 272, 285, 61 Cal.Rptr. The trial court denied the challenge. 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.
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