The prosecutor said that defendant "would never be rehabilitated. This relationship is not possible based on lifespan dates. 3d 1082] It formulated four specific questions, which were put to all jurors, and refused to permit further questions from counsel. The questions concerning the validity of the witness-killing and torture-murder special circumstances are technical matters which do not affect the admissibility of evidence. Defendant must show that the error affected his right to a fair and impartial jury. 9. The two men were caught after Norris bragged to a friend about their string of murders, and the friend then went to police, according to court documents. 47 [276 P. 1003], then confirmed the Estorga holding, but declined to apply it to a case in which the credibility of prosecution witnesses was open to question. 5, 546 P.2d 293]; People v. Kanos (1969) 70 Cal. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [48 Cal. We said in Hovey that "In a typical death-qualifying voir dire, the judge and the attorneys repeatedly instruct the jurors about the steps leading to the penalty trial and question each prospective juror, oftentimes at considerable length, concerning his or her attitudes about capital punishment. Your email address will not be published. Please enter your email address and we will send you an email with a reset password code. Juror Andry, asked if she would automatically vote for life imprisonment, answered, "Yes, I guess so." Juror Gwen Pico told the outlet she "tried keep an open mind but that the tape was very damaging, it stunned us all," while another juror said after listening to it, "I had a dream I was coming down an elevator at the courthouse and when it opened Bittaker was standing there and he threw cinders in my face.". At trial, confronted with the tape, Bittaker actually had the audacity to claim that it was just a threesome, and pointed out that Lynette had asked them to kill her. The defense did not call Dr. Coburn as a witness. Lynette told him, Ill scream if you stop hitting me., But Norris didnt stop. 3d 255, 264 [221 Cal. According to court documents, the men picked up Ledford, who was hitchhiking home from her job, on Halloween. The photographs of the victims and the shocking tape recording of the torture of the last victim could not help but impress a jury. App. 3d 826, 834 [164 Cal.Rptr. They drove to the mountains where he and Norris took the photographs and made a tape recording. https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford. With Norris's assistance, the police discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp. Consequently defendant was not charged with the Robin R. crimes. As manager of this memorial you can add or update the memorial using the Edit button below. The coat hanger was still wrapped around her neck. Sign up forOxygen Insiderfor all the best true crime content. Rptr. This opinion was based on reading newspaper accounts of the case. This is a carousel with slides. Furthermore, the prosecutor's claim that a death verdict is compelled if aggravating considerations outweigh mitigating by the slightest of margins -- an ounce, or one-tenth of one percent -- is directly contrary to People v. Brown, supra, 40 Cal. Following defendant's arrest, Officer Valento informed defendant that he was under arrest for robbery, rape, and "288." That anyone could take such great pleasure from causing people such great pain and suffering just boggles my mind. He is currently incarcerated at Richard J. Donovan Correctional Facility. 732, 579 P.2d 1048], we relied on Teale, supra, 70 Cal. Warning Sensitive Content: Click here to read the Transcript of Shirley Lynette Ledford audio recording. 3d 1087] to questions relating to their views on capital punishment, so the parties should have been permitted to ask follow-up questions. We have also noted the possible invalidity of one witness-killing and four torture-murder special circumstances. The Toolbox Killer Airs Sunday, October 3rd. 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. (See People v. Ramos (1984) 37 Cal. 638-639.) Search above to list available cemeteries. 3d 912, 924 [92 Cal. As for general voir dire of course the code section allows the attorney a reasonable opportunity to make inquiry of the respective jurors for cause. A system error has occurred. Instantly, without saying a word, defendant stabbed Louie. There was an error deleting this problem. Explorer Hitta liknande podcasts. But when a defendant conceals evidence the prosecutor can argue the inference that the evidence was unfavorable to defendant. fn. (Pp. The prosecutor properly emphasized such facts to show that defendant deserved the death penalty. (See Ross, supra, 487 U.S. at p. 88 [101 L.Ed.2d at p. 90, 108 S.Ct. 902, 450 P.2d 278]; People v. Henry (1967) 65 Cal. At trial, defendant objected to the seizure of the tape from the van, but not to the subsequent "search" of the tape. By failing to follow up on meaningless (Juror Martin) or ambiguous (Juror Porrazzo) answers, he placed counsel in an impossible position; counsel had reason to believe the jurors were disqualified, but could not prove it without further questions designed to elicit a clear and unambiguous response. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. The final victim was Shirley Lynette Ledford, who was taken on Halloween 1979. Gage's own testimony is conflicting. fn. North therefore declined to view Coolidge as controlling. He objects to the finding that Lamp was intentionally killed because she was a witness to a crime. Defendant, when arrested, had a scar on his chest as described by Norris. Defendant contends that subsequent searches of his van, storage boxes, and jail cell, done pursuant to a warrant, were unlawful. 61].) We agree with defendant that this instruction was erroneously incomplete. FN 4. 2d 410, 100 S. Ct. 2395] [warrant required to view films lawfully in possession of Federal Bureau of Investigation].) The Fourth Amendment to the United States Constitution and the identically worded article I, section 13 of the California Constitution, both simply provide that: " a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. In People v. Brown, supra, 40 Cal. The second portion of the tape contains Norris's voice, urging Ledford to scream, and more screaming by Ledford. The email does not appear to be a valid email address. 6. Defendant and Norris picked them up in defendant's van. Thus, the trial court correctly upheld the van's seizure based upon People v. Teale, supra, 70 Cal. Both cases appear distinguishable. (P. 545, fn. Among them were 20 multiple-murder special circumstances. At closing argument the prosecutor suggested that the photographs and tapes may show scenes of torture or murder. Learning that she was a virgin, he set up a tape recorder to record her cries during the rape. He excused those jurors who raised their hand. fn. 855, 659 P.2d 1144].). Defendant characterizes the prosecutor's argument here as coming within the framework of Caldwell v. Mississippi, supra, 472 U.S. 320, but the frame does not fit. Defense counsel sought to impeach her by evidence that she had made false charges of sexual molestation against two other men. Defendant brought Lamp back to the van, and they drove into town for food and supplies. Rptr. Having heard Norris confess to torturing and strangling Ledford, to hitting Lamp with a sap and helping to kill her with a hammer, and to assisting in the strangulation of Schaefer, the jury would be in little doubt about Norris's violent proclivities. The Court of Appeal found error, but declined to reverse because the court permitted some inquiry into the area, the defense voir dire of jurors was extremely cursory, and the defense exercised only one peremptory challenge. FN 25. 2.20.) 542] [torture murder under 189 requires proof of causation].). Defendant returned to the van, aroused Lamp (who had been forced to take tranquilizers to keep her quiet), and as she stepped out of the van, struck her with a sledgehammer. These conflicting answers present the same issue as arose with Juror Gage. Teale, supra, 70 Cal. Rptr. Defendant now renews his claim that the court erred in denying the challenges for cause to five jurors. This would have enabled his attorney to research Douglas's background, prepare for his testimony and assess whether they should have modified the defense strategy in light of Douglas's expected testimony. 31 But since any prejudice from the prosecutor's comment could have been cured by a timely objection and admonition, defense counsel's failure to object thus bars consideration of this issue. Larry Bittakers celebrating his 71st birthday this year 30 years after a jury At the bottom of the form is the phrase "The complaint underlying this warrant of arrest does not initiate a criminal [48 Cal. The prosecutor's question concerning a letter to Shoopman. They saw Lucinda (Cindy) Schaefer, age 16, walking along the highway. The time for obtaining copies of evidence and submitting them to expert examination is before trial, not during the prosecution's case. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. 2d 503, 536-540, condemn such argument. The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. fn. WebHe had served less than three years. And the mitigating circumstances aren't going to make that scale even come off the ground. FN 2. The officers reasonably assumed that defendant had access to a weapon, because the offenses charged in the warrant involved the use of a weapon, previously Officer Valento contacted defendant concerning a report that he had exhibited a firearm during a strike at his place of employment and found that defendant had a replica gun but had live ammunition as well, and the officers had received information that defendant might have some sort of chemical, Mace, or tear gas. 3d 136 [207 Cal. Defendant kidnapped and murdered five teenage girls, raped four of them, and tortured at least one. It found felony-murder special circumstances based on forcible oral copulation as to victims Hall and Ledford, and forcible sodomy as to Ledford. At the beginning of the tape, the sounds one hears are of Bittaker slapping her. 833, 502 P.2d 1305, 57 A.L.R.3d 155], relied on Teale, supra, 70 Cal. FN 32. 2d 503 [30 Cal. They saw, however, a number of items in plain view which, they realized, might be evidence of other crimes they were investigating. 8 that a complaint is a document which institutes a criminal proceeding, fn. 3d 1105] rape was not forcible went beyond the evidence. The sponsor of a memorial may add an additional. Belief in the truth of the assumption that sentencers treat the power to determine the appropriateness of death as an 'awesome responsibility' has allowed this Court to view sentencer discretion as consistent with the Eighth [Amendment] ." (Pp. 3d 512 [220 Cal. Upon returning, he arranged for Norris to take a series of photographs of him with Gilliam, beginning with them clothed, then nude, then during intercourse and oral copulation. (71 Cal.2d at p. (Bittaker subsequently earned the nickname Pliers from his desire to twist and tear girls nipples with his pliers he had used them in the torment of at least one previous victim.). 422.). 3d 1101] Cal.Rptr. This account already exists, but the email address still needs to be confirmed. 3d 425, 436 [162 Cal. 2d 1, 22.). Twitter A harrowing tape of Ledfords Halloween murder led to the conviction of the so-called Toolbox Killers.. 3. ", Finally, after reviewing the evidence in the case and discussing the statutory factors, the prosecutor concluded: "What has this monster earned? When they arrived at the fire road in the mountains, Norris raped Schaefer while defendant stood lookout. 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. Certain portions were read by the prosecutor, and acknowledged by defendant, on cross-examination. On October 31, 1979, 16-year-old Lynette was on her way home around 10.30 pm from a Halloween party in the San Fernando Valley of Los Angeles when she encountered two real-life monsters Lawrence Bittaker and Roy Norris, also known as the Tool Box Killers. 3d 1083] disqualify her. 3d 392 [174 Cal. We upheld the court's refusal to allow defense counsel to question those jurors for the purpose of rehabilitation, citing Ketchel. The men threw both bodies over an embankment into the chaparral. medianet_height = "90"; Defendant testified that he had hidden some other photographs and a tape in Forest Lawn Cemetery. 3d 1071] proceeding." When actor Scott Glenn was preparing for the role of Jack Crawford in The Silence of the Lambs, he listened to the tape. The prosecutor then put on further evidence of defendant's 1974 assault on a store clerk. Relying on the descriptions by Norris and other witnesses, a police artist reconstructed some of the photographs. 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. 3d 629 [221 Cal. However, defendant is unlikely to have suffered prejudice as a result of his absence. Juror Mims was uncertain whether he could return a death verdict and told the judge, "If you ask me if I could kill somebody, I don't know. As we have noted, one of defendant's photographs of Andrea Hall and six of Jacqueline Gilliam were identified and introduced into evidence. Juror Hein formed an opinion of the case based on reading newspaper accounts. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. 329-330 [86 L.Ed.2d at p. 240], quoting McGautha v. California (1971) 402 U.S. 183, 208 [28 L. Ed. 3d 438 [116 Cal. (Greven v. Superior Court (1969) 71 Cal. Rptr. Budds declined to do so. 3d 1092] facie showing of group bias, thus shifting to the prosecutor the burden to justify his challenges. App. Norris said he had told Schaefer that she would not be killed, but defendant insisted on killing her so she could not identify them. 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. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. Defendant had mailed the photograph in evidence to Richard Shoopman, an inmate friend. On cross-examination the prosecutor asked him, "Isn't it a fact, Mr. Shoopman, that he [defendant] wrote you about the rape and killing of a girl in the mountains before September 14?" Rptr. Rptr. It would provide me with closure. More recent cases which speak of defendant's obligation to advise the court of his dissatisfaction with the jury assume that the court, so advised, could fashion an appropriate remedy (see, e.g., People v. Crowe, supra, 8 Cal. 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. 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. Is that true?" When defendant had used all 26 peremptory challenges given him by statute (former 1070), the judge observed that defense counsel had said he intended to exercise all his challenges to protect the record. 640, 640 P.2d 776].). Please complete the captcha to let us know you are a real person. [10] Even if we were to assume that the search and seizure of the Ledford tape was unlawful, the affidavit supporting the warrant authorizing the search of Shoopman's cell contains more than sufficient probable cause. The court restricted defense counsel's voir dire on the jurors' experience with senility. Becoming a Find a Grave member is fast, easy and FREE. 637, 709 P.2d 440]. 629, 545 P.2d 1333], which held that the constitutional prohibition against unreasonable searches and seizures applies to persons as well as to property. As Norris drove, he could hear screams coming from the back of the van. FN 17. Appellate counsel argues that with a better copy, an expert might be able to show some other origin for the background noise. 19.) He has no mental illness except an inability to empathize with others. The coat hanger was still wrapped around her neck. 2d 216, 222 [13 Cal. 409, 439 P.2d 321]; People v. Blair (1975) 51 Cal. [40] The jury found 38 special circumstances. [48 Cal. Defendant held Schaefer while Norris tried to strangle her, but when he changed his grip Schaefer and defendant fell over backwards. (We express no opinion as to whether the evidence might also be admissible to prove identity under Evidence Code section 1101.). On September 30, they saw Jan Malin park her car in an apartment garage, and return to the garage entrance to close the garage door. So that I wouldn't be listening wholly to the evidence.". The United States Supreme Court reversed the penalty, holding that "it is constitutionally impermissible to rest a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death rests elsewhere." After about 45 minutes defendant emerged, and the 2 men argued whether to kill Schaefer. 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. Defendant and Norris followed that car to Redondo Beach, where Hall got out and resumed hitchhiking. 3d 1069] into the mountains, engaged in various sexual acts, and took pictures. (Pp. Staggs told the judge that she had worked at a rape crisis center, and did not believe she would be impartial in a case involving charges of rape. 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