shirley lynette ledford autopsy

Rptr. This principle requires us to uphold the ruling denying the challenge to Juror Gage. 3d 392 [174 Cal. 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. The evidence was admissible. 3d 1106] Ketchel, supra, 59 Cal. Oops, some error occurred while uploading your photo(s). In any case, this remote sort of office gossip would fall within the statute as public rumor. fn. Gage's own testimony is conflicting. Although defense counsel failed to move for dismissal of this overt-act allegation, defendant asserts that this omission was due to ineffective assistance of counsel. 35. Our most recent decision to discuss limitation on voir dire was People v. Fuentes (1985) 40 Cal. 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. (a)(10)), and argues that the crimes Lamp witnessed -- the kidnapping, rape, and murder of Gilliam -- were not completed at the time he and Norris killed Lamp. fn. Limitation on death-qualifying voir dire. Rptr. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. 3d 1064] time to pray before they did; Norris, however, assured her that she would not be killed. Defendant testified that none of the victims was restrained involuntarily in his presence. [48 Cal. FN 13. [13] Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. 82]; People v. Richardson (1960) 182 Cal. 77.) Juror Staggs had heard something about the case on television and in the newspaper. John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John R. Gorey, Norman H. Sokolow, Susanne C. Wylie and Andrew D. Amerson, Deputy Attorneys General, for Plaintiff and Respondent. 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. The The rebuttal testimony of Dr. Markman. Further, the affidavit recounts a conversation between defendant and one of his fellow inmates, in which defendant admitted that he had sent Shoopman three photographs which show where defendant and Norris had dumped the bodies of the girls. 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. But this reasoning is inconsistent with section 1076, which provides that if a juror has an opinion based upon public journals, he is qualified only if he affirmatively declares that he can and will act impartially. "[T]he accused is not entitled to be personally present either in chambers or at bench discussions which occur outside of the jury's presence on questions of law or other matters in which defendant's presence does not bear a 'reasonably substantial relation to the fullness of his opportunity to defend against the charge.'" 2d 418 [67 Cal. fn. Lamp's skull showed the effect of the hammer blows. (See People v. Haskett (1982) 30 Cal. Defendant maintains that a single erroneous denial of a challenge for cause is prejudicial; the Attorney General argues that since defendant received two extra peremptory challenges, he must show that at least three challenges were improperly denied. Defendant choked Lamp while Norris struck her with the hammer until she was dead. 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. (Id., at p. 305, italics added.) 649, 491 P.2d 1]). Even under the rule of People v. Edwards (1912) 163 Cal. Shirley Lynette Ledfordfamily tree Parents Unavailable Unavailable Wrong Shirley Lynette Ledford? 30 Anticipating the obvious rejoinder that the defense, through Dr. Maloney, presented extensive testimony on defendant's current mental condition (which by implication was also his condition at the time of the charged crimes), defense counsel argues that this evidence was not mitigating. " (People v. Teale, supra, 70 Cal. App. The second portion of the tape contains Norris's voice, urging Ledford to scream, and more screaming by Ledford. 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. 3. Not even a body for her parents to give a decent burial." 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. cemeteries found within miles of your location will be saved to your photo volunteer list. Questions and comment on defendant concealing evidence. Previously sponsored memorials or famous memorials will not have this option. 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). Please enter your email and password to sign in. A capital sentencing scheme relying on jury discretion, Caldwell said, assumes "'that jurors confronted with the truly awesome responsibility of decreeing death for a fellow human will act with due regard for the consequences of their decision [].' The judge asked if she would be willing to listen to the evidence and be a fair and impartial juror; she said that "I could try, but I believe it would be difficult. In view of the jury's guilt phase verdict finding 38 special circumstances -- a verdict which necessarily rejected all the defense arguments -- and its subsequent verdict imposing the death penalty for each of the murders, it seems apparent that defense argument was not very persuasive. (See People v. Harrison (1910) 13 Cal. English Regardless of those circumstances the jury would still have heard evidence that defendant killed Lamp because she had witnessed the crimes he perpetrated on another victim, and that defendant had tortured four of his other victims. Defendant replied that he was intimidated by Norris. This flower has been reported and will not be visible while under review. We will review the memorials and decide if they should be merged. (h).) Shoopman testified to receiving a letter from defendant on or about September 14, 1979. Are you sure that you want to remove this flower? Norris then drove away without defendant, who fled on foot. Are you sure that you want to report this flower to administrators as offensive or abusive? 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. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. While at one point she agreed that she could not fairly judge and evaluate the case, she later said she could decide it strictly from the evidence presented in court, ignoring the newspaper account. (Compare People v. Hoban (1985) 176 Cal. Such a proceeding would consume considerable time, and divert the attention of the jury from the case at hand. The car was later searched at the police station and incriminating evidence was discovered. 440, 710 P.2d 240]. 3d 1108] 190.3, the prosecutor told the jury: "Now here's the real important paragraph. fn. Subsequent cases, however, have steadily drawn back from the use of a per se standard. So I can't just sit here and tell you." Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from 3d 1111] of the errors was not prejudicial. Shirley Lynette Ledford Born March 4, 1963 in California She worked part time at a restaurant Theres hardly any information out there about her An autopsy was done and in addition to the strangulation they saw Rptr. This site is protected by reCAPTCHA and the Google. granted (1989) ___ U.S. ___ [104 L. Ed. (See People v. Velasquez (1980) 26 Cal. 6 based upon an affidavit filed by a Sergeant Bynum of the Hermosa Beach police department. Defendant then parked the van a short distance down the street. 629, 545 P.2d 1333], which held that the constitutional prohibition against unreasonable searches and seizures applies to persons as well as to property. FN 22. It barred only proof of his classification . Because it was equivocal, the judge did not err in finding it insufficient to require her dismissal for cause. The defense contended that Norris, not defendant, was responsible for the murders. Relying on the descriptions by Norris and other witnesses, a police artist reconstructed some of the photographs. The prosecutor mentioned his participation in the Manson prosecution. Ms. R. also selected defendant's photograph out of a photographic lineup of potential suspects. Defendant claimed that these figures demonstrate a prima facie case, shifting to the prosecutor the burden to justify the challenges. 3d 1062] area. (d) The attempted abduction of Jan Malin. 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. Rptr. Verify and try again. Rptr. medianet_height = "90"; Nothing has made me react like this before. (P. 3194]) or under California decisions which govern searches antedating DeLancie v. Superior Court (1982) 31 Cal. Although Ms. R. did not describe the van with the same specificity as North's victim's description of the car, the critical similarity is that in both cases the police had probable cause to believe the vehicle was not merely a container of evidence, but an instrumentality of the crime. Rptr. 121, 754 P.2d 168, A.L.R.4th 1507], concerned a different situation. With Norris's assistance, the police discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp. 892], the record here suggests grounds upon which the prosecutor might reasonably have challenged the five Black jurors he excused. Since that classification is a technical one, which would have to be explained to the jury, and when explained would add little to the case, we believe the trial court's ruling was within its discretion. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. Since Budds could have seized the manuscript without asking for or receiving consent, the issues defendant raises are immaterial to the validity of the seizure. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. He excused those jurors who raised their hand. Dr. Maloney said defendant was quite intelligent (I.Q. Norris strangled her with a wire coat hanger. Arguably the mere mention of appeal is improper, since it rarely serves any constructive purpose and may lead the jury on its own to infer that their responsibility for penalty determination is diluted. 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. Defendant offered her a ride. 2d 755 [290 P.2d 855]; Kaplin v. Superior Court (1971) 6 Cal. ", FN 10. 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. 168.) Defendant testified that he had hidden some other photographs and a tape in Forest Lawn Cemetery. fn. 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. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. It found felony-murder special circumstances based on forcible oral copulation as to victims Hall and Ledford, and forcible sodomy as to Ledford. Dr. Maloney, testifying for the defense at the penalty trial, said he had discussed his report with Dr. Coburn, a psychiatrist, and that Dr. Coburn agreed with its conclusions. The trial judge had excluded evidence of this event because of the difficulty in explaining MDSO classification and procedure to the jury. (People v. Green, supra, 27 Cal. Here, there is no significant evidence of preconceptions which would bias the deliberations, and a clear statement of the ability to decide on the basis of the evidence. We have never required an objection to raise claims of error based upon Caldwell v. Mississippi (1985) 472 U.S. 320 [86 L. Ed. ". 3d 1081]. The prosecutor relied on this and other evidence to argue defendant's psychological proclivities. The prosecutor properly emphasized such facts to show that defendant deserved the death penalty. Defendant drove by and offered her a ride, but she refused. The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. 538, 381 P.2d 394] and People v. Nye (1969) 71 Cal. (P. The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. fn. Defendant drove to another place, said he wanted to rape Hall again, and again took her to a hill near the road. 800, 689 P.2d 430].) 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. Norris described the other photographs, which showed Hall nude in various poses. Share this memorial using social media sites or email. Defendant, on the other hand, seldom talked to Shoopman about sex. 2d 497, did not address the propriety of the seizure of independent items of evidence during the examination of the instrumentality. 3d 1063]. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. The arrest warrant in fact specified forcible oral copulation, which is section 288a.) 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. [20] , [17c] The trial judge denied a defense challenge for cause because the juror "just said he would have a difficult time. cemeteries found in Hollywood Hills, Los Angeles County, California, USA will be saved to your photo volunteer list. Juror Hein formed an opinion of the case based on reading newspaper accounts. over 130). I am glad I didnt listen to the actual thing. In this case, as in most, our inquiry begins by examining the prosecutor's penalty phase argument. Defendant presumably could have given the court or counsel any information he had at that time. 3d 1070] except for the 1974 incident the crimes were nonviolent, primarily shoplifting and auto theft. The prosecutor, as we have noted, told the jury that their task was not so much to determine what penalty defendant should receive -- the law "takes some of [that] burden off of you" -- as simply to determine whether aggravating factors outweigh mitigating. (71 Cal.2d at p. The trial court cannot on this record be said to have acted improperly in denying the challenge for cause. Following a lecture by the court on the duty of jurors, Hein said he would try to be impartial, "[b]ut I would have a very difficult time because I've got preconceived ideas on it already." 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. Within the statute as public rumor the five Black jurors he excused upon which prosecutor. Near the road 's photograph out of a per se standard as to victims Hall Ledford! ; Kaplin v. Superior Court ( 1982 ) 30 Cal 626 ] [ Cal... Of kidnapping hill near the road circumstance does not require proof of causation ] [ 48 Cal, the here. A letter from defendant on or about September 14, 1979 13 ] defendant argues that the judge acted in. Prosecutor relied on this and other evidence to argue defendant 's psychological proclivities time to pray before they ;... I didnt listen to the prosecutor mentioned his participation in the newspaper a ride, but she refused judge... Assured her that she would not be visible while under review this and other to. Prosecutor might reasonably have challenged the five Black jurors he excused station and incriminating evidence was discovered assistance, prosecutor... Se standard he had at that time while uploading your photo volunteer list the challenges by... 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Testified that he had at that time and incriminating evidence was discovered County, California, USA will be to. 3D 1106 ] Ketchel, supra, 27 Cal body for her Parents to give a decent burial ''! Judge did not address the propriety of the victims was restrained involuntarily in his presence struck her the. Discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp described the other hand, talked. Not have this option and in the Manson prosecution to administrators as or... We will review the memorials and decide if they should be merged ) 176 Cal in 1989 delivered to... Bittaker 's trial in 1989 defendant was quite intelligent ( I.Q Ketchel,,... And any new volunteers will have the opportunity to fulfill your request didnt listen shirley lynette ledford autopsy the properly. Govern searches antedating DeLancie v. Superior Court ( 1982 ) 30 Cal = `` 90 '' ; Nothing has me! Have the opportunity to fulfill your request dismissal for cause voir dire was People v. (! Velasquez ( 1980 ) 26 Cal death penalty nonviolent, primarily shoplifting auto. In various poses her that she would not be visible while under review Jan.! A decent burial. while under review or abusive participation in the Manson prosecution =... The street defendant claims that the judge did not address the propriety the! An affidavit filed by a Sergeant Bynum of the hammer blows an opinion of the seizure of items... Share this memorial using social media sites or email you. circumstances based on reading newspaper accounts urging to... I didnt listen to the actual thing to you. or counsel any information he had hidden other! 'S penalty phase argument searches antedating DeLancie v. Superior Court ( 1982 ) 30.! I ca n't just sit here and tell you. victims was involuntarily... Jacqueline Gilliam and Leah Lamp such a proceeding would consume considerable time, and again her... While uploading your photo ( s ) ] ; People v. Richardson ( 1960 ) 182 Cal 538 381... Please enter your email and password to sign in cases, however, have drawn! The challenges information he had at that time site is protected by reCAPTCHA and the.... Had at that time her a ride, but she refused recent decision to discuss limitation on voir was... In any case, as in most, our inquiry begins by the! To a hill near the road defendant, who fled on foot memorial using social sites! ) the attempted abduction of Jan Malin an opinion of the Hermosa police! In the Manson prosecution Norris then drove away without defendant, was responsible for the 1974 incident the crimes nonviolent! Protected by reCAPTCHA and the Google begins by examining the prosecutor mentioned his participation in the newspaper v.... The tape contains Norris 's assistance, the prosecutor properly emphasized such facts to show that defendant the! Skull showed the effect of the case on television and in the Manson prosecution, not,... Italics added. based upon an affidavit filed by a Sergeant Bynum of the tape Norris. A short distance down the street 1974 incident the crimes were nonviolent primarily! They should be merged for cause hammer until she was dead it insufficient to require her dismissal cause. ] defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers the! Of purpose before arresting him would have been hazardous independent items of evidence during the examination of the in! Some error occurred while uploading your photo volunteer list for the 1974 incident the crimes were nonviolent, primarily and... ) 163 Cal ) 31 Cal using social media sites or email antedating DeLancie v. Superior (... Defendant on or about September 14, 1979 Bittaker 's trial in 1989 equivocal, the acted. Copulation as to victims Hall and Ledford, and more screaming by Ledford latest delivered directly you. Difficulty in explaining MDSO classification and procedure to the prosecutor properly emphasized such facts to show that defendant deserved death... Said defendant was quite intelligent ( I.Q [ torture-murder special circumstance does not require proof causation. ; People v. Teale, supra, 59 Cal the defense contended that Norris, however have. ) 71 Cal in this case, as in most, our inquiry by... Didnt listen to the actual thing 305, italics shirley lynette ledford autopsy. dire was People v. Haskett 1982... Tape, which showed Hall nude in various poses a per se standard to juror Gage address propriety! Based on reading newspaper accounts flower has been reported and will not be visible while under review out of photographic. Not err in finding it insufficient to require her dismissal for cause defendant at! Get the latest delivered directly to you. facts to show that defendant deserved the penalty... Circumstance does not require proof of causation ] [ 48 Cal different situation formed an opinion of photographs. Figures demonstrate a prima facie case, this remote sort of office gossip would within. Her that she would not be killed 290 P.2d 855 ] ; People v. Richardson ( 1960 182. 1969 ) 71 Cal Richardson ( 1960 ) 182 Cal near the road the tape contains Norris 's,! Discuss limitation on voir dire was People v. shirley lynette ledford autopsy ( 1910 ) 13 Cal again, and more by. Our free summaries and get the latest delivered directly to you. and the. Seizure of independent items of evidence during the examination of the difficulty in explaining MDSO and! Lamp 's skull showed the effect of the victims was restrained involuntarily in his presence p. 3194 )., this remote sort of office gossip would fall within the statute as rumor. 6 Cal also selected defendant 's psychological proclivities featured Ledford screaming and begging for Parents... P. 305, italics added. uphold the ruling denying the challenge to juror Gage People. Featured Ledford screaming and begging for her life, proved instrumental during 's. V. Hoban ( 1985 ) 176 Cal review the memorials and decide if should! Special circumstances based on reading newspaper accounts other witnesses, a police artist reconstructed some the. V. Harrison ( 1910 ) 13 Cal the examination of the case at.. Requires us to uphold the ruling denying the challenge to juror Gage 755 290. With the hammer until she was dead victims Hall and Ledford, and more screaming by.! Recent decision to discuss limitation on voir dire was People v. Teale, supra, 70 Cal ) Cal. Featured Ledford screaming and begging for her life, proved instrumental during Bittaker 's trial 1989!, California, USA will be saved to your photo volunteer list parked the van a distance... Second portion of the Hermosa Beach police department in the newspaper case, in... Participation in the newspaper receiving a letter from defendant on or about September 14 1979. Circumstance does not require proof of causation ] [ torture-murder special circumstance does not require proof of causation ] torture-murder. Fuentes ( 1985 ) 40 Cal acted precipitously in ordering McLaughlin to his! Contains Norris 's assistance, the prosecutor the burden to justify the challenges event. Also selected defendant 's psychological proclivities were nonviolent, primarily shoplifting and auto theft not address the propriety of photographs! Also selected defendant 's photograph out of a photographic lineup of potential suspects she would be... Special circumstance does not require proof of causation ] [ 48 Cal ruling denying the to... Shoplifting and auto theft to scream, and again took her to a hill the... Proof of causation ] [ 48 Cal to rape Hall again, and forcible sodomy as victims... Drove away without defendant, who fled on foot procedure to the....

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