The Toolbox Killer Airs Sunday, October 3rd. They put Ledford's body in a bed of ivy in a suburban neighborhood, where it was discovered by an early morning jogger. Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. She also had extensive tearing of her genitals and rectum from the pliers. In order to intelligently exercise the right to challenge for cause defendant's counsel must be accorded reasonable opportunity to lay a foundation for the challenge by questioning the prospective jurors on voir dire to learn whether any entertain a fixed opinion of this nature." 168.) Defense counsel agreed, but again objected that vague answers to the court's questions did not really reveal the views of the jurors, and the court's ruling did not give attorneys latitude to explore the matter. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. 3d 1076] signed that portion of the opinion. 2d 1, 22.). fn. Ever since I happened to see a documentary on Bittaker and Norris, their sheer brutality has haunted me. 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. The prosecution may not comment upon a defendant's failure to call a witness if the defendant has a privilege to bar disclosure of that witness's testimony. The prosecution claimed that the background noise on the tape was the engine of defendant's van, and showed that defendant was driving the van, and thus present, while Norris tortured Ledford. "Now obviously I don't think in this case that it's even close. ), [26] Defendant now contends that since this evidence was excluded at the preliminary examination, the accompanying overt-act allegation should have been dismissed on a motion under section 995. Rptr. There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. 3d 329, 361 [197 Cal. 133], the Court of Appeal held that a plea bargain was invalid if it required the witness to testify to a particular version of the facts, and that testimony given pursuant to that bargain was tainted. 2d 356 [78 Cal. The defense then filed a formal motion for copy and a continuance to permit testing of the copy; the court denied the motion. However, in North v. Superior Court, supra, 8 Cal. The "search" (listening) of the Ledford tape. Here it is the defendant who has a privilege not to call the witness. Defendant objects to testimony concerning his attempt to abduct Jan Malin because he was not charged in this proceeding with any crime against Malin. 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?" If the only problem was the prosecutor's misstatement of the evidence -- his assertion that Norris's 1976 conviction was for rape by threat, when the record was silent on the point -- the matter could have been redressed by timely admonition. The second portion of the tape contains Norris's voice, urging Ledford to scream, and more screaming by Ledford. Thanks for your help! App. 662]: "Reported decisions in cases interpreting Penal Code section 872 [order holding defendant to answer] have uniformly held that the 'complaint' filed with the magistrate under Penal Code sections 813 and 806 serves only the purpose of providing a basis for the issuance of a warrant of arrest. Norris does not mention torture.) 3d 762, 773-774 [215 Cal. 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. [23] Late in the voir dire of the jury defense counsel objected that the prosecutor was exercising his challenges on a basis showing group bias. 3d 739, 768 [239 Cal. Sign up forOxygen Insiderfor all the best true crime content. Please contact Find a Grave at [emailprotected] if you need help resetting your password. We agree with defendant that this instruction was erroneously incomplete. The prosecutor properly emphasized such facts to show that defendant deserved the death penalty. It was not, however, permitted to ask questions relating to views on capital punishment. GREAT NEWS! This page may contain sensitive or adult content that's not for everyone. 3d 351 [128 Cal. Defendant, when arrested, had a scar on his chest as described by Norris. 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. [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. over 130). ", This court has held that sections 844 and 1531 are "identical in principle,"so although section 844 does not expressly require notice of the arresting officer's authority, this type of notice is "an integral part of the rule stated in section 844." 3d 526 [179 Cal. 3d 815, 832), and the grant of additional peremptory challenges would seem to be such a remedy. Rptr. They did not know the nature of the felony. The prosecutor relied on this and other evidence to argue defendant's psychological proclivities. The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. Second, and perhaps more important, the judge did not conduct an adequate voir dire himself. 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. Found more than one record for entered Email, You need to confirm this account before you can sign in. Rptr. Our decisions in People v. Love, (1961) 56 Cal. Ill be Looking forward to seeing you. More seriously, the prosecutor's statement implied that Norris did not have a history of violent sexual assault. 3d 635, 659, in which the prosecutor told the jury that the law "takes a little bit of sting out in the sense that you have to decide facts. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. 2d 536, 555 [58 Cal. And I've also indicated to both attorneys that as to those things, that those would be the questions that I would ask. The coat hanger was still wrapped around her neck. The defense objected to the judge's rulings denying its challenges for cause to five jurors, but used peremptory challenges to dismiss those jurors. 780, 633 P.2d 976].) [48 Cal. [35] The trial court instructed the jury that in determining the credibility of a witness it could consider prior felony convictions. 3d 1101] Cal.Rptr. If you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death. App. 771. We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. 3d 749 [251 Cal. Lamp's skull showed the effect of the hammer blows. They eventually seized a number of items, including two pieces of jewelry (crosses with chains), a douche package, a "sap," a book on locating police broadcasting frequencies, a container of Vaseline, and several cassette tapes, including the tape recording the torture of Ledford. Rptr. Start with yourself and well build your family tree together fn. (adsbygoogle = window.adsbygoogle || []).push({}); Bittaker and Norris offered Lynette a ride home in their van; she accepted because she recognized Bittaker as a regular customer at the restaurant she worked at part time. 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. "For those of you who do not know what hell is like, you will find out," prosecutor Stephen Kay told the jurors, according to a 1981 UPI report. fn. 26 Her voir dire presents no unqualified statement that she actually felt that she could be fair and impartial in the penalty phase of this case. Press question mark to learn the rest of the keyboard shortcuts. Defendant also argues that the prosecutor's closing argument was contrary to the evidence, since Norris and others who had seen the photographs said they described only scenes of sexual activity, not torture. In any case, this remote sort of office gossip would fall within the statute as public rumor. He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. He saw defendant leave a grocery store with a package of meat hidden in his clothes. 2d 229, 241 [23 Cal. But we did not endorse the prosecutor's arguments in Hendricks, Guzman or Boyde. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. Because it was equivocal, the judge did not err in finding it insufficient to require her dismissal for cause. 10. The manner in which the murderer disposes of the victim's body, however, is part of the circumstances of the crime, admissible under section 190.3, factor (a). After the third knock, the bathroom window to the immediate right of the door was opened by the defendant, who asked, "Who is it?" Norris wrestled her to the floor, stripped the clothes of the her. Among other information, the affidavit contains the contents of letters seized from Norris's residence in which Shoopman acknowledged receiving photographs of young girls from Norris and defendant. At the bottom of the form is the phrase "The complaint underlying this warrant of arrest does not initiate a criminal [48 Cal. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. Rptr. It was never intended by this provision of the constitution to take from the defendant in a criminal action his fundamental right to a jury trial or in any substantial manner to abridge this right." 34 [48, 49] We find no reversible error. 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. By 26 May 2022 scott lafaro accident 26 May 2022 scott lafaro accident ), This error, however, is of little significance. Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. 603, 618 P.2d 149]; People v. Bloyd (1987) 43 Cal. But whether or not counsel was ineffective in this regard -- an issue which cannot be decided upon the present record -- in light of counsel's failure to move to strike the overt-act allegation, the trial court did not err in admitting the evidence. 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. Juror Andry, asked if she would automatically vote for life imprisonment, answered, "Yes, I guess so." Upon rehearing, we approved a jury instruction to the same effect. ). [19] , [17b] In short, Juror Staggs said she did not think she could be impartial at the penalty phase, and when asked if she would listen to the evidence and judge fairly, replied that she might not be able to listen to all the evidence. (See People v. Harrison (1910) 13 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. [47] The trial court instructed the penalty jury in the language of the 1978 death penalty law. Exclusion of evidence of crimes of Norris and Jackson. We find it unnecessary to resolve these issues. The court told defense counsel that under the rules he could not rehabilitate her, and granted the challenge. 2447].) This argument, however, depends upon defendant's further claim that there was no "nexus" between the items seized and criminal activities, for given a suitable "nexus," the police may seize any item discovered during a consensual search. 3d 1080] the death-qualifying voir dire to four questions; (3) when the court advised a jury-selection expert, who arrived in the court's chambers without prior notice, that it would not authorize payment of county funds for her fees; (4) from a hearing following the prosecution's subpoena requiring defense counsel to produce photographs allegedly given him by defendant; (5) from an ex parte communication with the jury where the court advised the jurors on the "gruesome" nature of the evidence and reminded them of their obligation to evaluate it dispassionately; (6) and (7) from at least two in-chambers conferences on the scope of cross-examination. (See Ross, supra, 487 U.S. at p. 88 [101 L.Ed.2d at p. 90, 108 S.Ct. Juror Weaver initially said that she would automatically return a verdict of life imprisonment; she later equivocated, and the judge denied the prosecutor's challenge for cause. Later during the voir dire defense counsel asked the judge to explain his ruling to defendant. Rptr. As stated in People v. Linden (1959) 52 Cal. FN 6. 85.) 649, 491 P.2d 1]). You can explore additional available newsletters here. Your account has been locked for 30 minutes due to too many failed sign in attempts. omitted.). 3d 731, we noted that in Warden v. Hayden, supra, 387 U.S. 294, the United States Supreme Court held that police may not indiscriminately seize items discovered during the course of a lawful police search. Juror Staggs had heard something about the case on television and in the newspaper. Rptr. Defendant testified on his own behalf, and said that he was not involved in the abduction and murder of Lucinda Schaefer, but that Norris told him that Norris and another man had committed those crimes. Defendant choked Lamp while Norris struck her with the hammer until she was dead. You have chosen this person to be their own family member. Rptr. [3b] The notice requirements of section 844 provide that before breaking into a home to effect an arrest, a police officer must identify himself, announce his purpose and demand entry. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. Rptr. The trial court upheld an objection under Evidence Code section 352. You can customize the cemeteries you volunteer for by selecting or deselecting below. His appeal is automatic. From June through October of 1979, defendant and Roy Norris kidnapped and murdered five teenage girls in the Los Angeles [48 Cal. People v. Barrett (1929) 207 Cal. ". Juror Martin, asked whether she would automatically vote in favor of death, responded, "That's hard to say." Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! (P. 13 After defendant responded in the negative to Officer Valento's inquiry whether anyone else was present in defendant's room, the officer directed another officer to kick in the locked door so that the officers could enter the room and take defendant completely into their custody. WebThe audio tape Bittaker and Norris created of themselves raping and torturing Shirley Lynette Ledford remains in the possession of the FBI Academy. In People v. Medina (1974) 41 Cal. Defendant was paroled in November of 1978 and rented a room at the Scott Motel in Burbank; Norris was paroled in January of 1979. Norris testified, however, that all were immediately subdued, and then transported a considerable distance against their will. Bittaker, however, had pleaded not guilty. Defendant suggested dumping the body in someone's front yard so they could see the reaction in the newspaper. But the further implication that Norris had no history of violent rape probably could not have been cured without informing the jury that Norris had such a history. 33, Despite the prosecutor's erroneous arguments, upon review of the whole record, we find no danger that the jury was misled into undertaking a narrowly limited, mathematical analysis of the evidence and the statutory factors. Oops, some error occurred while uploading your photo(s). On September 27, 1979, defendant and Norris attempted to abduct an unidentified woman, but she dodged behind the van and escaped. 3d 749, 770-771.) She screamed on cue for the tape, but was not tortured in his presence. Your Scrapbook is currently empty. Once an individual is arrested and is before the magistrate, the 'complaint' is functus officio ." (Fn. FN 8. 28 The prosecution objected to taking the original tape from the court, and the court refused to permit any copying. 12 After receiving no response from within the motel room, Officer Valento knocked two more times. Nye observed expressly that the trial judge had excused only those jurors whose answers made their disqualification unmistakably clear, and said there was no need for further examination of those particular jurors. Neither defendant nor Norris was sexually interested in Lamp. Rptr. His suicide note stated that the murders haunted him. Mike Horn, another [48 Cal. Bittker would want to listen to it again as he thought about what he did to his victims," Mary Ellen O'Toole, a retired FBI agent, Behavioral Analysis Unit, told the special. Rather, "'[T]here must be a nexus -- automatically provided in the case of fruits, instrumentalities or contraband -- between the item to be seized and criminal behavior. Defendant then returned to the van, and Norris stood watch outside. We have set your language to You already receive all suggested Justia Opinion Summary Newsletters. Norris strangled the victim with a coat hanger. Norris in return agreed to help the sheriff to find the bodies of the victims and physical evidence relating to the murders, to testify at defendant's trial, and to plead guilty to five counts of murder without special circumstances, two counts of rape, and one of robbery. [22] We have previously discussed the voir dire of Juror Porrazzo, and noted that her answer to a question asking whether she would automatically vote in favor of death was equivocal. 3d 443, 455-456 [215 Cal. Later in People v. Fields (1983) 35 Cal. Defendant drove to another place, said he wanted to rape Hall again, and again took her to a hill near the road. Thus while the instrumentality doctrine justifies the officer's entry into the van to search for bloodstains and other evidence of Ms. R.'s rape, it may not in itself justify the search of the van for other objects not attached to or part of the van itself. He maintains that he did not receive proper notice of Dr. Markman's testimony, as would be required if the prosecution presented that testimony in its case-in-chief. We affirm the conviction and sentence. Rptr. Other portions of the prosecutor's argument, however, do not correctly state the law. Shoopman testified to receiving a letter from defendant on or about September 14, 1979. 172-173) and endorsed a jury instruction which required that defendant "commit such act or acts with the intent to cause cruel pain and suffering for the purpose of revenge, extortion, persuasion or for any other sadistic purpose." The trial court had previously refused to permit that information to go before the jury, and it is unlikely that an objection during closing argument would have changed that ruling. The prosecutor returned again and again to this topic, asking defendant nine times where the photographs were; each time defendant refused to reveal their location. Norris could not get the hanger tight enough, but defendant used pliers to tighten it and kill Schaefer. 399].) Defense counsel interpreted that answer as an automatic vote for death; the court interpreted it differently. Louie followed defendant outside and asked if defendant had forgotten to pay for anything. [12] The only doubtful matter is defendant's absence from a hearing on his counsel's motion for a continuance the Friday immediately prior to the trial. The prosecution then called another psychiatrist, Dr. Markman, in rebuttal. App. Bittaker and Norris abducted their final victim, 16-year-old Shirley Lynette Ledford, on October 31, 1979. Ledford was abducted as she stood outside a gas station, hitchhiking home from a Halloween party in the Sunland-Tujunga suburb of Los Angeles. Defendant then returned to the van. 9 and thus that a document which says it does not institute criminal proceedings cannot be the basis for an arrest warrant. Defendant now renews his claim that the court erred in denying the challenges for cause to five jurors. Defendant's van contained a small sledgehammer. 752 [127 P. 58] (overruled prospectively in People v. Williams (1981) 29 Cal. 13.) 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. Defendant set out to rape Gilliam. 3d 432, 447 [250 Cal. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Caldwell v. Mississippi, supra, 472 U.S. 320, however, tells us that the sentencer must assume the full burden of deciding whether a defendant should live or die. Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both 3d 1067] when Norris said they were killed. ), and it also stated that "examination of the vehicle turned up additional evidence linking [defendant] with the crime." The bodies of Lucinda Schaefer and Andrea Hall were never found. Search above to list available cemeteries. [38] The trial court instructed the jury that it could find first degree murder based on the infliction of torture if two requirements were met: "(1) the act or acts which cause the death must involve a high degree of probability of death, and (2) the defendant must commit such act or acts with a wilful, deliberate and premeditated intent to inflict extreme and prolonged pain." The officers ultimately seized numerous photographs, several police scanners, a replica .45 caliber gun, several bottles and jars of chemicals, pornographic film, and various other items. According to KPIX 5, then-Los Angeles County Sheriff Peter Pitchess called the pairs treatment of the girls sadistic and barbaric abuse. An audio recording was played at the trial which contains the voice of a young girl screaming and begging for mercy while she is being raped and tortured, according to court documents, KPIX reported. 306, 606 P.2d 341].) Explorer Hitta liknande podcasts. The record showed that the prosecutor challenged 5 of 6 Black jurors (83.3 percent) and 21 of 60 White jurors (35 percent). As Norris drove, he could hear screams coming from the back of the van. 3d 264, 309-310 [168 Cal. 360.). 2d 842 [56 Cal. Are you adding a grave photo that will fulfill this request? We note also that considerable time elapsed between the date of the motion and Douglas's actual testimony, during which defendant could have investigated Douglas. Rather, seizure of any object in plain view which is itself evidence of a crime is legal (ibid.) Defendant bought a van, choosing one with sliding doors to make it easier to seize a victim and drag her into the van. Although found in contempt of court, he refused to divulge their exact location, and a police search failed to find them. [48 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. 3d 512 [220 Cal. All statutory references are to the Penal Code unless otherwise stated. 3d 1100] that, absent the error in question, the jury would have reached a different result. (People v. Wheeler, supra, 22 Cal. 3d 1092] facie showing of group bias, thus shifting to the prosecutor the burden to justify his challenges. This site is protected by reCAPTCHA and the Google. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? Add to your scrapbook. medianet_versionId = "3111299"; The two then switched places, with Norris turning on the tape recorder and then himself ordering Lynette to scream, while hitting her with a sledgehammer. Defendant held Schaefer while Norris tried to strangle her, but when he changed his grip Schaefer and defendant fell over backwards. [3a] [4a] Defendant argues that during his arrest the police failed to comply with sections 844 and 1531 because they failed to identify themselves as police officers or to explain the purpose of their demand for [48 Cal. [48 Cal. Neither permitted a court to prohibit voir dire of jurors who gave equivocal answers. Thus there is no evidence to support an instruction on the crime of false imprisonment. Defense counsel did not object to any of these assertions at trial. DESPICABLE PAIR BOTH DEATH. 224, 591 P.2d 514], however, the court criticized the use of the "instrumentality of the crime" theory to justify the search of an automobile. 7 Thus, defendant does not allege insufficient probable cause; rather, he contends that the procedure and form used for the issuance of the warrant were illegal. Rptr. But that argument does not help defendant, for once the officers were lawfully in the van, they were entitled to seize, without a [48 Cal. Rptr. This list of exceptions to the per se rule of Carmichael, supra, 198 Cal. Since defendant did not claim that any of the 12 jurors who heard the case were subject to challenge for cause, or were not impartial, his right to an impartial jury was not abridged. 11 After Norris was arrested by the Hermosa Beach police, Sergeant Bynum directed the police dispatcher to request the Burbank police to arrest defendant on the warrant which Sergeant Bynum held. The jury, while it did not find that defendant attempted to kidnap her, found defendant guilty of conspiring with Norris to kidnap women, and specified the Malin incident as an overt act done pursuant to the conspiracy. 803, 673 P.2d 680], we endorsed Medina, but declared that "the requirements of due process, as explained in Medina, are met if the agreement thus permits the witness to testify freely at trial and to respond to any claim that he breached the agreement by showing that the testimony he gave was a full and truthful account.". What a horrible story. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. His opinion thus falls under those covered by section 1076. Remove advertising from a memorial by sponsoring it for just $5. But defendant never made such a motion. 3d 915, 959-960 [248 Cal. He showed Norris two pictures in which Hall appeared frightened, and told Norris that he took them after telling Hall that he was going to kill her, and challenging her to come up with as many reasons as she could why he should not kill her. He agreed to pay her $500 a day. [14a] Concerned about the implications of our discussion in Hovey v. Superior Court (1980) 28 Cal. Things, that all were immediately subdued, and perhaps more important, the jury: `` What has... Court denied the motion 1979, defendant and Roy Norris kidnapped and murdered teenage... Office gossip would fall within the statute as public rumor error occurred while uploading your photo ( s.... She would automatically vote in favor of death, responded, `` that 's not for everyone letter from on. Doors to make it easier to seize a victim and drag her into the van about implications! Near the road can customize the cemeteries you volunteer for by selecting or below. 3D 1100 ] that, absent the error in question, the 'complaint is! And well build your family tree together fn facie showing of group bias, thus shifting to the Penal unless. Selecting or deselecting below that Norris did not endorse the prosecutor 's arguments in Hendricks Guzman! Discussion in Hovey v. Superior court ( 1980 ) 28 Cal continuance to testing. Two more times a bed of ivy in a bed of ivy a! Angeles County Sheriff Peter Pitchess called the pairs treatment of the memorial appear on the tab. 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