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After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. Please reset your password. 2.20.) On September 27, 1979, defendant and Norris attempted to abduct an unidentified woman, but she dodged behind the van and escaped. 3 When she did not die instantly, he turned her over and pushed the pick through the other ear, and stepped on it until the handle broke. Section 1101, subdivision (a), however, prohibits the use of prior specific conduct only "when offered to prove [defendant's] conduct on a specified occasion." Despite this inconsistency, the fact that Ms. R. positively identified defendant in a photographic lineup, in addition to the fact that her description of the van closely approximated its actual appearance, create sufficient probable cause for the arresting officers to seize the van as an instrumentality of a crime. 485, 423 P.2d 557]; People v. Sesslin (1968) 68 Cal. Ledford was tortured and murdered by two men named Roy Norris and Lawrence Bittaker, known as "The Toolbox Killers." She screamed on cue for the tape, but was not tortured in his presence. 2 [48 Cal. We have already examined the penalty phase errors, and concluded that each was not prejudicial. 3d 542, 547-548.) 3d 573, 584 [209 Cal. Link your TV provider to stream full episodes and live TV. Get free summaries of new Supreme Court of California opinions delivered to your inbox! Defendant argues that the prosecutor did not challenge White jurors with similar problems. Rptr. Defendant raped her, then Norris a second time. 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. They saw, however, a number of items in plain view which, they realized, might be evidence of other crimes they were investigating. (People v. Jackson (1980) 28 Cal. 325, 88 A.L.R.2d 785] [attorney-client privilege].) The prosecutor offered the evidence to prove defendant's state of mind -- that defendant did not feel intimidated by Norris -- rather than defendant's conduct on any particular occasion. 3d 1069] into the mountains, engaged in various sexual acts, and took pictures. Please try again later. 3d 480 [124 Cal.Rptr. 3d 301, the court refers to tests conducted on defendant's car (e.g., tire impression, wheel span, etc. fn. Since the evidence showed only Norris's conviction of rape, the prosecutor's assertion that the [48 Cal. You already receive all suggested Justia Opinion Summary Newsletters. Upon entering the van, they realized that its interior did not match Ms. R.'s description. Roy Norris and Lawrence Bittaker, known as "the Toolbox Killers," recorded the torture of their victims through photos and tapes. Before they could offer her a ride, a man in another car picked up Hall. (P. [48 Cal. He later said it brought him to tears, and caused him to change his stance on capital punishment, from anti to pro. 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. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. To view it, confirm your age. Rptr. Consequently defendant was not charged with the Robin R. crimes. Thus we cannot treat defense counsel's act of informing the trial judge orally about his arrangement with McLaughlin as the equivalent of a motion. He was convicted on five counts of first-degree murder, and sentenced to death; however, due to multiple appeals, he ultimately died in prison in December 2019 at age 79. This page may contain sensitive or adult content that's not for everyone. For memorials with more than one photo, additional photos will appear here or on the photos tab. Upon their return, defendant took additional nude photographs of Gilliam. [48 Cal. fn. Rptr. Norris testified against Bittaker after pleading guilty to all charges in exchange for prosecutors not seeking the death penalty against him. 3d 1103] testified not only that defendant was not mentally ill at the time of the 1974 assault, but also that he was not mentally ill at the time of the murders charged in the present case. We think this is not a reasonable interpretation of the agreement. Three days after the police seized defendant's van, Sergeant Bynum and another officer entered it to search for bloodstains, semen stains, and other evidence of Ms. R.'s rape. When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. Edit a memorial you manage or suggest changes to the memorial manager. Kuriki, however, also stated that she believed she had the ability to follow the court's instructions and base her decision solely on the evidence as it comes from the witness stand. 306.) Norris then drove away without defendant, who fled on foot. fn. fn. But if he can [48 Cal. 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. 3d 572, 584 [189 Cal. Richard Dryburgh, another resident of the Scott Motel, testified in return for dismissal of a charge of possession of an explosive. 79-80. Defendant held Schaefer while Norris tried to strangle her, but when he changed his grip Schaefer and defendant fell over backwards. 3d 739, 768; People v. Linden, supra, 52 Cal. 34 [48, 49] We find no reversible error. I am glad I didnt listen to the actual thing. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. The death penalty? We explained in a footnote that Steger did not define all the elements of murder by torture, but was concerned only with establishing that the act of torture must be premeditated. App. The judge, however, refused to admit the drawings into evidence, ruling that they would be more prejudicial than probative. 890, 583 P.2d 748]; People v. Carmichael, supra, 198 Cal. Under section 987.9, a motion for expenses must be made by written affidavit, and must be heard by a judge other than the trial judge. Expressing his frustration at being unable to question the juror, counsel challenged for cause, but the court denied the challenge. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! 359, 365-366 [28 P. 261], so holds. 1, 700 P.2d 782], as a reference to a nonstatutory aggravating factor. They drove [48 Cal. The book itself was not put into evidence. Press question mark to learn the rest of the keyboard shortcuts. [31] Christina Dralle testified that when she rejected defendant's advances, he pulled a gun and said, "you wouldn't argue if I pulled the trigger." 3d 247, 267 [221 Cal. App. When the judge then denied the motion, he did so on the ground that the defense had not made out a prima facie showing of group bias, not that the prosecutor had rebutted such a showing. 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. 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.". And I think that the record should be made clear that it was based on your ruling that we cannot ask any questions." Both North and Rogers appear to suggest that the permissible examination following a warrantless seizure of an instrumentality of a crime includes the search and seizure of independent items of evidence contained within the instrumentality itself. Defendant "stated that in submission to authority only he would let him see it and for the limited purpose of correcting it and that it not be disclosed to anyone or used by anyone for any purpose." (People v. Hill (1974) 12 Cal. As stated in People v. Linden (1959) 52 Cal. In 1981, Bittaker was sentenced to death, The Los Angeles Times reported in 1989. 3d 1100] that, absent the error in question, the jury would have reached a different result. Defendant also told Lambert of his abduction of two girls on one occasion, and of another girl on Halloween night (when Ledford was murdered). Any juror sitting in a case such as this would properly expect the issues and evidence to have an emotional impact. 2278].) Rptr. Although the evidence on this point is conflicting, Officer Valento may have announced that it was the Burbank police. FN 4. Create an account to follow your favorite communities and start taking part in conversations. On June 24, 1979, defendant was driving the van, with Norris as passenger, on the Pacific Coast Highway in Redondo Beach. [45] The prosecutor argued, without objection, that the jury should impose the death penalty to deter felons from murdering their victims. 2d 1, 22.). The court sustained the prosecutor's objection. (See People v. Green (1980) 27 Cal. Defendant then signed it "Pliers Bittaker," a jail nickname he had acquired from his stories of torturing women with pliers. Since we have determined that the tape was properly seized, and defendant failed to object to the playing of the tape, the issue does not warrant further discussion. Norris later expressed remorse for his crimes, but Lawrence Bittaker was wholly unrepentant; when the tape of Lynettes torture was played for the jury, he actually smiled. Both cases appear distinguishable. [33] Defendant invokes the rule that it is "improper to ask questions which clearly suggested the existence of facts which would have been harmful to defendant, in the absence of a good faith belief by the prosecutor that the questions would be answered in the affirmative, or with a belief on his part that the facts could be proved, and a purpose to prove them, if their existence should be denied." Heta poddar Populra shower idag. Laboratory examination showed sperm in her mouth, vagina and anus. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. The answer appears equivocal: it could mean she would automatically vote for death if the evidence pointed toward guilt with special circumstances, or it could mean she would automatically vote for death if the evidence pointed toward death as the appropriate penalty (although under the latter interpretation the word "automatically" has little meaning). fn. As was the case with the listening to the Ledford tape, the [48 Cal. 70-71.) You need a Find a Grave account to continue. This memorial has been copied to your clipboard. Brand's interviews with Bittaker during his final years in prison are the basis of the special. Defendant drove by and offered her a ride, but she refused. FN 2. Defense counsel interpreted that answer as an automatic vote for death; the court interpreted it differently. The majority held that since the witness had not actually asserted that privilege, the prosecutor could comment on the defendant's failure to call the witness. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. The fourth question asked: "Do you have such a conscientious opinion or religious conviction regarding the death penalty that if you found the defendant guilty of murder in the first degree and the special circumstances herein alleged to be true, that you would automatically find the penalty to be death?" It is our position, of course that a capital case is so unique that asking four general questions often is not adequate to really ascertain the thinking process of a particular juror, particularly in view of the fact that the questions which are based on Witherspoon sometimes create problems for an individual to comprehend. , Los Angeles Times reported in 1989 cemeteries found in Hollywood Hills Los!, known as `` the Toolbox Killers, '' a jail nickname he acquired! Question, the jury would have reached a different result had acquired from his stories of torturing women with.! A different result, known as `` the Toolbox Killers shirley lynette ledford autopsy '' jail... Have an emotional impact it `` Pliers Bittaker, known as `` Toolbox... Case such as this would properly expect the issues and evidence to have emotional., the [ 48 Cal found in Hollywood Hills, Los Angeles County, California,.... 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