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maxine zazzara house address

    maxine zazzara house address

    Defendant contends that this violated his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. To the extent defendant alleges violations of the International Covenant on Civil and Political Rights, which he alleges incorporates the Universal Declaration of Human Rights, his claim lacks merit, even assuming he has standing to invoke this covenant. The record reflects that the experienced trial judge was well aware of his duty to weigh the prejudicial effect of the photographs against their probative value, and carefully did so. Because the record establishes a manifest need for some form of physical restraint, defendant cannot complain that a less visible form of restraint, such as a leg brace, should have been used rather than leg shackles. (b).) ] (Ibid.) omitted.). We concluded above that the court did not err in denying prior defense counsel's pretrial motion to appoint a psychiatrist to evaluate defendant's mental competency to stand trial, nor did it err in failing prior to trial to order a competency hearing sua sponte. A physician later testified, This was the most massive head injury I've ever seen. 4. I don't believe in the hypocritical moralistic dogma of this so-called society and need not look beyond this room to see all the liars, the haters, the killers, the crooks, the paranoid cowards, truly the trematodes[12 ] of the earth, each one in his own legal profession. Earlier on in his killing spree, there were a series of young children being taken from their beds, assaulted, and then abandoned. Defendant returned to the living room and brought Somkid K. into the bedroom, threatening to kill her children if she resisted. (2d ed.1989) p. The Sixth Amendment commands that the accused be defended by the counsel he believes to be best. (United States v. Gonzalez-Lopez, supra, 548 U.S. at ----, 126 S.Ct. Accordingly, the court's instruction to consider defendant's age, without further elaboration, was sufficient in this case. Defendant argues that he was denied his rights to due process and to trial by a fair and impartial jury under the Sixth, Eighth, and Fourteenth Amendments to the federal Constitution because the trial court failed to conduct an adequate inquiry and declare a mistrial following the murder of a juror. how old is toby perlman; tas police accident report; what happens if a player gets injured fanduel [Citation. The evidence is overwhelming that one of defendant's purposes in entering Hernandez and Okazaki's residence was to steal. 339, 651 P.2d 1145.) How many more people are going to die?. Because the statutory requirements for joinder were met, defendant can establish error only on a clear showing of prejudice. The Defendant: I have had 11 years of high school [sic ] and one year of technical in electrical trades, and I have a psychologist in Los Angeles who has qualified me sane. 8. The prosecution conceded that the two charges related to Higgins were not properly joined and the court granted the prosecution's motion to dismiss those charges. Calif.Only that it has something to do with the Night Stalker and that was revealed in the courtroom by the judge.He's accused of a feloney [sic]., 6. Her nose was broken and both eyes blackened. Deputy Public Defender Judith Crawford was present at the lineup as an observer for defendant. com/lyrics/testament/thelegacy. She is also involved with the Bill Evans Piano Academy in On August 30, 1985, law enforcement officers had focused their suspicion upon defendant and obtained a photograph of him, which they distributed to law enforcement agencies throughout Southern California and released to the news media. Elyas A. had been killed by a single bullet to the head. 1692 [If a district court agrees to the multiple representation, and the advocacy of counsel is thereafter impaired as a result, the defendant may well claim that he did not receive effective assistance].) Defendant expressly does not claim on appeal that counsel were ineffective, noting that [a] claim of ineffective assistance of counsel will be separately presented in a related petition for writ of habeas corpus.. The court carefully reviewed each photograph and, on one occasion, prevailed upon the prosecutor to withdraw a photograph that was particularly graphic and, on another occasion, to withdraw a photograph that was cumulative. Defendant submitted the following proposed jury instruction: Statements by some jurors during jury selection showed an awareness of news reports concerning other cases where sentences of death were not carried out for legal reasons or where persons sentenced to life imprisonment have been considered for parole. 8.85, the prosecutor told the jury: You may consider those crimes [of which defendant was convicted] in aggravation in determining penalty in this case only once; you can't consider them in section a and section b. When the door to the condominium closed behind defendant, Hernandez opened the garage door and fled. (2)), three counts of forcible oral copulation (288a, former subd. The court, however, has no sua sponte duty to instruct the jury not to do so. 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. Florence L. later regained consciousness, but police were unable to communicate with her. Defendant claims that he was denied the right to conflict-free counsel in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution and article I, section 15 of the California Constitution because the trial court failed to conduct an adequate inquiry into whether his attorneys suffered from a conflict of interest stemming from their retainer agreement with defendant's family. Ramirez was accused of entering a home in Orange County and slaying someone there.I have not learned anything about this case. Prospective Juror Robert D[. Defendant places great emphasis on the prospective juror's statement that he would vote to impose the death penalty unless he was convinced otherwise, but this comment must be considered in light of the prospective juror's explanation that he would not necessarily be committed from the outset to the imposition of the death penalty. The trial court's implied finding that the prospective juror's views on the death penalty would not substantially impair the performance of his duties as a juror is supported by substantial evidence. We missed him, detective Gil Carrillo said. Because the jury was instructed to determine only whether defendant entered the residence with the specific intent to commit larceny, we do not consider whether the evidence that Okazaki was found with her blouse pulled up would have supported a finding that defendant entered the residence with intent to commit a sexual offense. I just want to make perfectly sure you understand. (Compare Sheppard v. Maxwell (1966) 384 U.S. 333, 86 S.Ct. ), 13. The foreperson replied, I feel that we can probably continue today, adding that [e]veryone appears to have put it behind them. The court stated that it was reasonably satisfied that the jurors are able to proceed with their deliberations and that upon further admonishment I propose that that is exactly what we do. Defendant objected. Each juror must assign the factors present in this case whatever weight the juror finds to be appropriate. Defendant proposed 10 special jury instructions during the penalty phase. 203.) at pp. From his questions I at this point do not have any question regarding his ability. In the present case, defendant did not request such a limiting instruction. His right to decide for himself who best can conduct the case must be respected wherever feasible. (Fn.omitted. (a); 954.1), we apply the law predating Proposition 115. By its terms, the portion of section 669 regarding imposition of a life sentence does not apply to a sentence of death. (People v. Heard (2003) 31 Cal.4th 946, 973, 4 Cal.Rptr.3d 131, 75 P.3d 53; People v. Crittenden (1994) 9 Cal.4th 83, 132-133, 36 Cal.Rptr.2d 474, 885 P.2d 887.) Further, the jury commissioner adopted a suggestion by defendant that significantly increased the representation of Hispanics on this new master list. He was standing over her bed, holding a gun, and shining a flashlight in her eyes. Eventually, the court released the jury for the day and instructed them to return the following day, telling them the court was attempting to find out what exactly is going on with juror Singletary. The court admonished the jury, stating: Please do not concern yourself with this. (People v. Gray, supra, 37 Cal.4th 168, 237, 33 Cal.Rptr.3d 451, 118 P.3d 496; People v. Martinez (2003) 31 Cal.4th 673, 703, 3 Cal.Rptr.3d 648, 74 P.3d 748. On August 2, 1988, during a discussion of courtroom security measures, the court noted in general terms that it had ordered increased courtroom security, including the use of a metal detector, because it had received information with regards to threats about individuals involved in this case.. The court admitted the photographs, ruling that they were relevant and adding, although they are not particularly pleasant to look at, they were not so unduly gruesome to inflame the jury., The court admitted into evidence over defendant's objection that it was cumulative and irrelevant a photograph of Dale Okazaki lying dead on the floor with spilled groceries near her as she was found by law enforcement officers. Receiving no reply, she sent her son to a neighbor's house by promising the child that the neighbor would give him popsicles and candy bars. They should have shot me on the street. 476. [Citation. The jury can, and must, be shielded from depictions that sensationalize an alleged crime, or are unnecessarily gruesome, but the jury cannot be shielded from an accurate depiction of the charged crimes that does not unnecessarily play upon the emotions of the jurors. As noted above (ante, 46 Cal.Rptr.3d at pp. ] (Ibid.) The victim repeated her identification of defendant at trial. He entered and encountered Yuriko Lillie Doi in a nightgown who motioned toward her husband, William Doi, who was sitting in a chair in the den by a telephone; he was unconscious and breathing with difficulty. The trial court correctly recognized that the defendant has the right to retained counsel of his choice. (Ante, at p. 696, 139 P.3d at p. On June 7, 1988, during a readiness conference, Raymond Arce testified that a new master list had been compiled to be used in the upcoming 1988-1989 fiscal year and that duplicate names on the registrar of voters list and the DMV list were determined by comparing both the name and the date of birth, which resulted in a master list that was ten percentage points higher in the Hispanic representation. The percentage of Hispanics on the new master list was 28.4 percent. A red circle with a star in it (a pentagram)3 had been drawn on her thigh, perhaps using lipstick. Her face was swollen and bruised. The Night Stalker bought a machete and broke into the house of Lela and Maxson Kneiding. Accordingly, either counsel may argue any such age-related inference in every case. (Ibid.). ), Defendant requested the following jury instruction: One of the factors for you to consider in determining the penalty is the age of the defendant at the time of the offense(s). During jury deliberations at the guilt phase of the trial, the trial court discharged Juror Robert L., over defendant's objection, after receiving information from the jury foreperson that the juror had fallen asleep on two occasions. ), In any event, we did not hold in Williams that the area within a 20-mile-radius area of the courthouse could not be used as the relevant community for this purpose. When there was no reply, he entered the house through the unlocked door and found Bell and Florence L. Florence L. was lying on her bed in one bedroom. Defendant maintains that he was deprived of his rights under the Eighth and Fourteenth Amendments to the federal Constitution because the trial court ordered that his determinate sentence of more than 59 years be served after execution of the death sentence. Hypocrites one and all. ), It is clear that the challenged photographs were relevant. The Defendant: I understand. WebMadison, Wisconsin white page directory listings include full name, phone number and address. It is a decision which must be made by the defendant In addition, the court has requested that the agreement retaining Mr. Arturo Hernandez and Mr. Daniel Hernandez be reduced to writing and that Mr. Ramirez be given the opportunity to discuss that contract with an independent attorney appointed by this court. And defense counsel's concern over news reports he had heard concerning defendant's alleged plans provide no insight into defendant's mental processes. Bell was lying on the floor next to the bed in another bedroom with a table on her chest. at p. 982, 275 Cal.Rptr. The Court: I think this is an area that I would not and in fact I am bound not to bring forth unless the jury itself raises the question during their deliberations. Defendant twice asserts in his opening brief that in People v. Ortiz, supra, 51 Cal.3d 975, 275 Cal.Rptr. Contrary to defendant's contention, [t]he death penalty is not unconstitutional for failing to impose a burden of proof-whether beyond a reasonable doubt or by a preponderance of the evidence-as to the existence of aggravating circumstances, the greater weight of aggravating circumstances over mitigating circumstances, or the appropriateness of a death sentence. [Citation.] WebWe met with several agents as we considered putting our house on the market, and Rachel was the clear, stand-out winner. 80.) 6. Polo rang the doorbell and called out Vincents name, but received no response. ), 14. Weeks further stated that the Hispanic population had increased proportionately since 1980 and estimated that by 1987, the percentage of the population of the Central Judicial District that were Hispanics who qualified for jury service was actually 26.3 percent. Can you imagine the people caught me, not the police. Defendant laughed and then added: You think I'm crazy, but you don't know Satan. He hummed the song Night Prowler by the rock group AC/DC. (Id. Defendant blindfolded and gagged the victim before ransacking the bedroom, demanding money and jewelry. In a subsequent pleading, defendant argued the charges should be tried in eight different trials involving the following groups of victims: (1) Petersen and Elyas A. on August 5 and 8, 1985; (2) Okazaki and Yu, on March 17, 1985; (3) Zazzara and Chainarong K. on March 28 and July 19, 1985; (4) Higgins7 ; (5) Vincow on June 27, 1984; (6) Bell, Doi, Cannon, Whitney B., Nelson, and Kneiding on May 14 and 29, and July 2, 5, 7, and 19 of 1985; (7) Sophie D. on July 7, 1985; and (8) Carol K. on May 30, 1985. Arturo Hernandez: We understand fully; and, for the record, we have indicated to the court in the past that at this point we anticipate no conflict of interest. To the contrary, the United States Supreme Court has just reiterated that an element of a defendant's right to counsel is the right of a defendant who does not require appointed counsel to choose who will represent him. A police officer soon arrived and found Yu breathing but unconscious. In any event, the record does not support defendant's assertion that the trial court erred in this regard. at p. 987, 275 Cal.Rptr. He told her to be quiet, asked, Where is it? and then shot her in the face. The in camera hearing concluded and, in open court, defendant acknowledged that he wished to substitute Arturo Hernandez and Daniel Hernandez as his counsel. The Court: Have you disclosed to Mr. Ramirez any facts, both negative and positive, which would bear not only on your ability to represent him but on any publicity that might come from your representation? Citing Rideau v. Louisiana (1963) 373 U.S. 723, 83 S.Ct. 644, 431 P.2d 228.). On November 15, 1989, the court modified the sentence nunc pro tunc to add: The sentences on the noncapital counts are ordered to be consecutive to, and to be served subsequent to, and only upon completion of, the death sentences enumerated above. Frank Moreno and Carmelo Robles responded and chased defendant down an alley. L[.] WebMaxine L. Zazzara, Downey, Cal., argued, for defendant-appellant. ), The Sixth Amendment to the United States Constitution guarantees that In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed The California Constitution declares that Trial by jury is an inviolate right and shall be secured to all (Cal. Linda Doi-Fick, the daughter of William and Yuriko Doi, later identified several items of property that had been taken from her parents' home, including her mother's wallet and pieces of jewelry, which had been recovered from Felipe Solano, who had purchased the items from defendant. (People v. Ochoa (1998) 19 Cal.4th 353, 409, 79 Cal.Rptr.2d 408, 966 P.2d 442.) And defendant did not show that the media coverage was unfair or slanted against him or revealed incriminating facts that were not introduced at trial. At the time of trial, former Code of Civil Procedure section 197 provided: It is the policy of the State of California that all persons selected for jury service shall be selected at random from a fair cross section of the population of the area served by the court (Stats.1980, ch. Defendant acknowledges that this court repeatedly has rejected the contention that a defendant's decision not to present mitigating evidence at the penalty phase, in itself, renders the determination of penalty unreliable under the federal and California Constitutions. In the process of finding the shoe to match it, investigators found out it was an Avia-brand shoe, an uncommon one at the time. (Cf. When the lineup formed, defendant was the second person in line. [Defense Counsel]: And you agree with the tactical decision that we made not to put on any evidence at this stage of the proceeding? 191, 800 P.2d 547, defendant argues that the trial court violated its positive, sua sponte duty under the Sixth Amendment of the federal Constitution and article I, section 15 of the California Constitution to ensure that appellant would be represented by qualified, effective counsel by granting defendant's request to substitute counsel. Defendant's father, Julian Tapia, testified that defendant was with him in El Paso, Texas, from May 22 or 23, 1985, until May 31, 1985, which included the period during which Mabel Bell was attacked, her sister, Florence L., was murdered and Carol K. was attacked. Each juror makes an individual evaluation of each fact or circumstance offered in mitigation of penalty. The court invited defendant to request to speak to an independent attorney if at any time in the future you change your mind.. Her body was on the bed with her feet at the head of the bed. [] [], For these reasons, the court is going to take the matter of the substitution of attorneys under submission until October 24, 1985, to allow the defendant to investigate the attorneys he now wishes to hire, if he so desires, and for him to have the contractual agreement looked at by an independent attorney. At the time, Code of Civil Procedure section 203 provided that no juror shall be required to serve at a distance greater than 20 miles from his or her residence. (Stats.1980, ch. The weight to which such a circumstance is entitled and whether or not such conduct shows a consciousness of guilt are matters for your determination., The jury properly could infer that defendant's refusal to remove his sunglasses so that the witness could better identify him demonstrated a consciousness of guilt in the same manner as a defendant's refusal to provide a handwriting exemplar. 12, 127 Cal.Rptr. jake randall scarlets rugby; masshealth staff directory. The door closed behind him and Hernandez opened the garage door and ran outside. Broadly, they embrace all situations in which an attorney's loyalty to, or efforts on behalf of, a client are threatened by his responsibilities to another client or a third person or by his own interests.' [Citation.] 7. Before dawn on the morning of August 8, 1985, Sakina A. was awakened by the sound of defendant shooting her husband, Elyas, in the head as he lay next to her, asleep. 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. Defendant expressly does not raise an assignment of error as to counsel's conflicts of interest with respect to the retainer agreements, preferring to raise this issue in a subsequent petition for writ of habeas corpus. 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. When he and Daniel Hernandez were seeking to be substituted as counsel for defendant, Arturo Hernandez stated they had entered into a written contract with defendant, adding: Also, the other parties that have retained us, his family, who are also liable, have acquired some financial responsibility to us due to that contract. The court had the exchange with defendant, which is quoted above, in which defendant stated he had read and understood the contract. The den and bedroom had been ransacked. Prior to the in camera hearing on October 24, 1985, referred to above, at which the court substituted Arturo Hernandez and Daniel Hernandez as counsel, Defense Counsel Gallegos appeared in camera in the municipal court with former defense counsel, Deputy Public Defender Henry Hall, and asked the judge to order a psychiatric evaluation of defendant as to his present mental state, his ability to choose his own attorney and other related matters concerning this trial. As noted above, the municipal court had taken under submission defendant's request to substitute new counsel in place of Attorney Gallegos. The attorneys must have been attorneys of record in at least three cases where the initial charge was a violation for Penal Code section 187 and at least one of those cases must have been submitted to a jury for decision. This film of the defendant's confession was shown three times on a local television station in the small Louisiana parish where the crimes were committed and was seen by a substantial segment of the population of the parish. Some people in the crowd were holding the newspaper with defendant's photograph on the front page. Dr. Under the 1978 Death Penalty Law, which governs this case, the only possible penalties are death or life imprisonment without the possibility of parole. The trial court overruled the objection, stating: I find that their probative value far exceeds any inflammatory nature, although again, they are not pleasant to look at, but this is a murder case, but they would be useful certainly for a doctor to use to give the cause of death, perhaps the manner of death. [] Mr. Arturo Hernandez: Yes. ), As noted above, In reviewing a challenge to the sufficiency of the evidence , we review the entire record in the light most favorable to the judgment to determine whether it discloses substantial evidence-that is, evidence that is reasonable, credible, and of solid value-from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. (People v. Cole, supra, 33 Cal.4th 1158, 1212, 17 Cal.Rptr.3d 532, 95 P.3d 811.) In People v. Bell (1989) 49 Cal.3d 502, 262 Cal.Rptr. Her blouse had been pulled up. She asked who he was and demanded that he leave. ], as I have indicated before, nodding, and it seemed somewhat clear that-that Mr. The circumstance that there was no evidence of theft during the commission of the attempted murder of Hernandez and the murder of Okazaki does not establish that defendant did not harbor the intent to steal when he entered the residence. Defendant shoved her aside and entered the condominium. The trial court in the present case did not abuse its discretion in resuming deliberations the day after the jury learned that one of the jurors had been murdered. 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. Defendant does not contend on appeal that his waiver of his right to present penalty phase evidence was invalid or resulted in error, although he indicates he will raise such claims in a subsequent habeas corpus petition. Footprints on the bucket and in the flower bed were made by an Avia athletic shoe. The victim yelled for help from a neighbor who was a deputy sheriff. ) (People v. Cornwell, supra, 37 Cal.4th 50, 106, 33 Cal.Rptr.3d 1, 117 P.3d 622; People v. Harris, supra, 37 Cal.4th 310, 366, 33 Cal.Rptr.3d 509, 118 P.3d 545.). (See People v. Panah (2005) 35 Cal.4th 395, 433, 25 Cal.Rptr.3d 672, 107 P.3d 790; People v. Howard (1992) 1 Cal.4th 1132, 1164, 5 Cal.Rptr.2d 268, 824 P.2d 1315.) Both Messrs. Hernandez, I have some question because last time when you left the courtroom, you made some comment about going to see your client, the client obviously being the family. at pp. No. Contrary to defendant's assertion, the trial court in the present case did not find that Daniel Hernandez and Arturo Hernandez were unqualified to be retained as counsel by defendant. Since this time they have come back and they have, in my opinion, based on my observations, resumed their usual demeanor and apparent cheerfulness and ability to get about their business, and I think that is important to remember This court has had nothing that would put it on notice, either by the jury or by its own observations, that would indicate that this jury is not able to continue on with its deliberations. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. To preserve a claim of trial court error in failing to remove a juror for bias in favor of the death penalty, a defendant must either exhaust all peremptory challenges and express dissatisfaction with the jury ultimately selected or justify the failure to do so. [Defense Counsel]: Your honor, he has already made an I.D. A torn portion of a $20 bill was on the ground. [Citation.] Neither defendant nor the victims were known to the public prior to the crimes and defendant's arrest, so the last two factors-the community status of the defendant and the prominence of the victim do not support a change of venue. March 27, 1985: Vincent Charles Zazzara and Maxine Levenia Zazzara were both shot. Bell died from her injuries about a month later in July, 1985. A police officer who responded to the scene where Tsai-Lian Yu was murdered testified that witness Jorge Gallegos told him that he never saw the assailant fight with the victim, did not hear gunshots, and would not be able to identify the assailant.

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