shirley lynette ledford autopsyis kelly clarkson engaged to brett eldredge
3194]) or under California decisions which govern searches antedating DeLancie v. Superior Court (1982) 31 Cal. Norris was required to testify truthfully. 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. 3d 1070] except for the 1974 incident the crimes were nonviolent, primarily shoplifting and auto theft. The right to voir dire, like the right to peremptory challenge at issue in Coleman, supra, 46 Cal. Please enter your email and password to sign in. The evidence included testimony concerning defendant's discussion of his sexual fantasies with Richard Shoopman, various sadomasochistic and bondage magazines found in defendant's possession, and evidence [48 Cal. 15 Holding that the doctrine did not permit the search of a closed container within a vehicle (p. 423) -- a holding that does not affect the present case -- the court remarked that "[i]f there were any vitality to the 'instrumentality' exception as it applies to automobiles , it would be applicable only to a scientific examination of the object itself, for example for fingerprints, bloodstains, or the taking of tire impressions or paint scrapings." Rptr. The trial judge had excluded evidence of this event because of the difficulty in explaining MDSO classification and procedure to the jury. And I made that type of ruling, and I've made that clear to the attorneys. [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. Rptr. When directly questioned on her ability to reach a decision strictly based on the evidence presented in court, she indicated her belief that she could do so. ), and it also stated that "examination of the vehicle turned up additional evidence linking [defendant] with the crime." FN 4. App. Under the agreement, if the district attorney finds that Norris did not testify truthfully, and Judge Hinz finds no abuse of discretion, the bargain is set aside, and the prosecution may seek the death penalty. 2.20.) He would just go out and do the same thing again." In adopting this standard to measure reversible error, we follow our recent decision in People v. Coleman (1988) 46 Cal. [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. 3d 1107] appropriate penalty. The time for obtaining copies of evidence and submitting them to expert examination is before trial, not during the prosecution's case. After the girls entered the van, Norris hit Lamp with a sap (a plastic bag filled with lead weights), then subdued and tied Gilliam. 3d 1075] pistol, and chemicals. 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. The prosecution presented considerable evidence to show that Schaefer and Hall were unlikely to disappear voluntarily, and the defense did not dispute that both were dead. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Sign up for our free summaries and get the latest delivered directly to you. 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. Are you sure that you want to delete this photo? Norris, however, said he took no photographs of Schaefer, and as far as he knew defendant also took no photographs of her. As we have noted, one of defendant's photographs of Andrea Hall and six of Jacqueline Gilliam were identified and introduced into evidence. or don't show this againI am good at figuring things out. And it does not permit the jury to determine what penalty is appropriate after the weighing process because, according to the prosecutor, if aggravating circumstances outweigh mitigating the jurors have no choice but to impose the death penalty. Bittaker and Norris The Tool Box Killers, here to read the Transcript of Shirley Lynette Ledford audio recording. Limitation on death-qualifying voir dire. 2d 694, 86 S. Ct. 1602, 10 A.L.R.3d 974]) warnings and without defendant's counsel being present. Ms. R. also selected defendant's photograph out of a photographic lineup of potential suspects. Upon accepting the offer of a lift home and entering the van, Ledford was offered marijuana by Norris, which she refused. It's his home. 1. On this record we can declare that there is no reasonable possibility that had the errors not occurred a different verdict would have been rendered. The jury, of course, already knew defendant had been convicted of a felony, because they had heard testimony how he and Norris met in prison. (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. In upholding the car's seizure, this court drew a distinction between seizure of a car which is itself evidence of a crime, and a car which is a mere container of incriminating articles. (c) The murders of Jacqueline Gilliam and Leah Lamp. FN 34. Rptr. Rptr. The medianet_width = "728"; There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. Defendant set out to rape Gilliam. Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from FN 8. The prosecutor mentioned his participation in the Manson prosecution. 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. Try again later. 5, 546 P.2d 293]; People v. Kanos (1969) 70 Cal. Thus, the search of the van and the seizure of items therein were properly held to be lawful by the trial court. 4.) The court restricted defense counsel's voir dire on the jurors' experience with senility. She was also hit with a sledgehammer and her genitals and rectum were viciously torn with pliers, which is how Bittaker and Norris earned the nickname of the Tool Box Killers. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her 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. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. 19 [48 Cal. The men then traded activities. To add a flower, click the Leave a Flower button. 3d 21, 55 [188 Cal. 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). Rptr. Evidence of the Malin incident was excluded at the preliminary examination but defense counsel did not move to dismiss or strike the accompanying overt-act allegation. 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. Since 1978, when California reinstated capital punishment, 82 condemned inmates have died from natural causes, 27 have committed suicide, 13 have been executed in California, one was executed in Missouri, one was executed in Virginia, 14 have died from other causes and four including Bittaker are pending a cause of death. Ill be Looking forward to seeing you. cemeteries found within kilometers of your location will be saved to your photo volunteer list. [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." over 130). 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. Norris was unwilling to risk such a sentence, and finally agreed to the killing. [48 Cal. (See People v. Rist (1976) 16 Cal. You can always change this later in your Account settings. It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. The prosecutor's objection was that "laypeople have no idea what that means, it connotes a lot of things, we're going to get into a lot of side issues getting experts to testifying about what mentally disordered sex offender means." 3d 1108] 190.3, the prosecutor told the jury: "Now here's the real important paragraph. Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both [45] The prosecutor argued, without objection, that the jury should impose the death penalty to deter felons from murdering their victims. Juror Thompson had studied psychology and, on voir dire, said, "I really feel that I would try to be an amateur psychologist, psychiatrist, if I was in this case, in due fairness." Defendant had been convicted of assault with a deadly weapon, arising from an incident in 1974 in which he stabbed a store clerk who accused him of shoplifting. An autopsy revealed that, in addition to having been sexually violated, 135, 554 P.2d 881] quoted Tubby, supra, 34 Cal. The court told defense counsel that under the rules he could not rehabilitate her, and granted the challenge. 354], quoted in People v. Perez (1962) 58 Cal. App. In this case, as in most, our inquiry begins by examining the prosecutor's penalty phase argument. 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. Therefore, on December 27, Judge Woolpert of the San Luis Obispo Superior Court executed a warrant authorizing the search of Shoopman's cell in the California Men's Colony for letters or photographs sent to Shoopman from defendant or Norris. 8 that a complaint is a document which institutes a criminal proceeding, fn. Code, 913; see People v. Wilkes (1955) 44 Cal. (P. The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. 2d 393, 402-403, 104 S.Ct. [15] We see no reason why the courts should not recognize those differences, and limit reversals to those cases in which the erroneous ruling affected defendant's right to a fair and impartial jury. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. For more on this case, watch "The Toolbox Killer," a special streaming on Peacock on Thursday, September 23 and airing on Oxygen on Sunday, October 3 at 7/6c. 10 nor statutory directives concerning warrants require that criminal proceedings must be instituted before an arrest warrant may be issued. Defense counsel asked Staggs if it was her position that, because of "your strong feelings about victims of rape, that you would be unable to really [48 Cal. He claims that when the officers began seizing items contained in the van, rather than merely "examining" the van for its "evidentiary value," the officers went beyond the permitted examination. 603, 618 P.2d 149]; People v. Bloyd (1987) 43 Cal. 3d 441 [99 Cal. DESPICABLE PAIR BOTH DEATH. [8] Defendant argues that the postimpoundment search of the van and seizure of the items inside exceeded the scope of a permissible examination [48 Cal. Defendant then parked the van a short distance down the street. In People v. Tubby (1949) 34 Cal. (See People v. Robertson (1982) 33 Cal. 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 [].' [46] The prosecutor properly argued that the death penalty was appropriate for each of the murders. Defendant argues that by offering the prosecutor a chance to respond to the motion, the court in effect found that defense counsel had made a prima [48 Cal. fn. Its ruling is not an abuse of discretion. Make sure that the file is a photo. 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. He is currently incarcerated at Richard J. Donovan Correctional Facility. 485, 423 P.2d 557]; People v. Sesslin (1968) 68 Cal. Notify me of follow-up comments by email. Remove advertising from a memorial by sponsoring it for just $5. (See People v. Fosselman (1983) 33 Cal. FN 6. 172, 450 P.2d 564] and its progeny to uphold the seizure of the van as an instrumentality of the crime. Then, towards the middle the sounds are of Bittaker beating her about the chest with his fists and tormenting the screaming and pleading girl with vise grip pliers on her genitals, breasts and nipples. fn. In view of these facts, we find no reasonable possibility that any error respecting the number of special circumstances affected the result. By 26 May 2022 scott lafaro accident 26 May 2022 scott lafaro accident [20] , [17c] The trial judge denied a defense challenge for cause because the juror "just said he would have a difficult time. 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. 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. The second portion of the tape contains Norris's voice, urging Ledford to scream, and more screaming by Ledford. [24] Defendant contends that the agreement between the prosecution and Norris does not meet these criteria. At the beginning of the tape, the sounds one hears are of Bittaker slapping her. [36] The court instructed the jury that Norris was an accomplice as a matter of law, and his testimony required corroboration. Defendant admitted the assault on Malin. In any case, this remote sort of office gossip would fall within the statute as public rumor. Although the plurality opinion of Justice Stewart concluded that a seizure could not be justified on the theory that the vehicle was itself the "instrumentality" of the crime because the plain-view doctrine applied only to inadvertent discovery of incriminating evidence (id., at pp. defendant said that kidnapping with bodily harm carried a sentence of life imprisonment without possibility of parole. The Attorney General points to People v. Hendricks, supra, 44 Cal. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. Defendant claims that if present he could have given the court or his attorney information that may have served as a basis for the court granting a continuance. In 1987, Paul Bynum, who had been the chief investigator of the Bittaker-Norris murders, committed suicide at age 39. The next morning defendant took Lamp up a hill, took some photographs, and left her there. 902, 450 P.2d 278]; People v. Henry (1967) 65 Cal. After describing defendant's life in prison, the prosecutor continued: "Make no mistake about it, ladies and gentlemen, a sentence of life imprisonment without possibility of parole for Lawrence Bittaker in this case would be a total complete victory for him. When it was Norris's turn to wait outside again, he thought he saw headlights coming up the fire road. 440, 710 P.2d 240]. Robin R. was unable to identify defendant in person, her description of the interior of the van where she was held did not match defendant's van, and the manner of her kidnapping and rape differed from defendant's characteristic mode of operation. (Jackson, supra, at pp. During a 5-month span in 1979they prowled Los Angeles County, kidnapping hitchhikers, raping them, and then torturing them with instruments in their "toolbox." 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. We have reviewed the record, and while we find statements by White jurors similar to those by the challenged jurors, in each case the statement of the challenged juror took a form more likely to inspire a prosecution challenge. Becoming a Find a Grave member is fast, easy and FREE. Defendant dropped his cigarette, which burnt a hole in his shirt and scarred his chest. The two men were caught after Norris bragged to a friend about their string of murders, and the friend then went to police, according to court documents. (See Warden v. Hayden, supra, 387 U.S. Defendant then returned to the van, and Norris stood watch outside. Gage's own testimony is conflicting. App. The first portion of the tape contains a male voice, identified as defendant's, and screaming from a female voice, stipulated to be Ledford's. Shown a picture of Lucinda Schaefer, Dryburgh said she was one of the girls in the photographs he had seen. Rptr. WebLedford's body was found by a jogger the following morning. (Pp. 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. The prosecutor challenged for cause. Where do you think he's been for 18 of the last 22 years? [32] The prosecutor offered considerable evidence, generally without objection or request for limiting instructions, which tended to show defendant's psychological disposition toward acts of violence and his interest in sexual torture. 2d 1, 22.). Officer Valento explained this to [48 Cal. 12. We concluded, "[t]his proposition implies a corollary: 'the extent to which [these effects] are minimal will be a function of the extent to which the questioning is minimized.'" FN 16. People v. Ghent (1987) 43 Cal. First, the judge cannot reserve voir dire for himself and exclude counsel. 1454].) 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. He continued: "Has he earned the death penalty for the barbaric and callous nature of his crimes which has shocked the public conscience and greatly affected all of us? She responded with an unqualified "yes." Resend Activation Email. Defendant, when arrested, had a scar on his chest as described by Norris. This opinion was based on reading newspaper accounts of the case. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? You can explore additional available newsletters here. Translation on Find a Grave is an ongoing project. Therefore, when the trial court denied defendant's suppression motion, it necessarily ruled on the voluntariness of defendant's consent. You have chosen this person to be their own family member. FN 9. All of these items were admitted into evidence except for the tapes other than the Ledford tape. But evidence that they committed some other crime would ordinarily be inadmissible. The defense contended that Norris, not defendant, was responsible for the murders. The court, however, failed to instruct the jury at the penalty phase that before it could consider these crimes as aggravating factors, they must find beyond a reasonable doubt that defendant committed the crimes. Section 844 provides in relevant part: "To make an arrest a peace officer may break open the door or window of the house in which the person to be arrested is , after having demanded admittance and explained the purpose for which admittance is desired." (See People v. Green (1980) 27 Cal. Searches pursuant to a warrant of defendant's van, storage boxes, and jail cell. ", "When should the death penalty be imposed? 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. 2d 503, 538-539.) Defendant certainly had a right to attempt to show that Norris and Jackson had committed some of the crimes of which he was charged. 3d 150 [98 Cal. Rptr. 21 As we stated in People v. Hughes (1961) 57 Cal. Neither permitted a court to prohibit voir dire of jurors who gave equivocal answers. 329-330 [86 L.Ed.2d at p. 240], quoting McGautha v. California (1971) 402 U.S. 183, 208 [28 L. Ed. Relying on the descriptions by Norris and other witnesses, a police artist reconstructed some of the photographs. Ledford's bracelet was discovered in Norris's apartment. 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. Juror Hein formed an opinion of the case based on reading newspaper accounts. 3d 526 [179 Cal. fn. Drag images here or select from your computer for Shirley Lynette Ledford memorial. [11] Defendant claims he was improperly deprived of his constitutional and statutory right to be present on seven occasions during trial. Section 806 provides in relevant part: "A proceeding for the examination before a magistrate of a person on a charge of an offense originally triable in a superior court must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. Norris said he had told Schaefer that she would not be killed, but defendant insisted on killing her so she could not identify them. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. 3d 512. 849] and People v. Rousseau (1982) 129 Cal. [48 Cal. Use Escape keyboard button or the Close button to close the carousel. 345].). fn. Dr. Maloney said defendant was quite intelligent (I.Q. He claimed, however, that his purpose was not to kidnap Malin, but to test the effectiveness of Mace as a defensive weapon. 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. (People v. [48 Cal. 3d 351 [128 Cal. [48 Cal. Photos larger than 8Mb will be reduced. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. She screamed on cue for the tape, but was not tortured in his presence. The audio cassette of Lynette Ledfords torture is in the hands of the FBI, and is used to desensitize new agents to the reality of torture and murder. Defendant's attorney had just learned that Lloyd Douglas would be a witness against defendant, and asked for additional time in which to investigate Douglas. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. 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 claims his purported consent to the search was vitiated by the allegedly illegal arrest (a contention we have already rejected), that the trial court failed to rule on the voluntariness of his consent, that if defendant did in fact consent to the search, he did not consent to the seizure of evidence, and that the items seized by the police officers failed to meet the "nexus" requirement of Warden v. Hayden (1967) 387 U.S. 294 [18 L. Ed. Listen Later. 83, 758 P.2d 25], cert. FN 32. 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. fn. They left her body on a random nearby 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. 3d 443, 455-456 [215 Cal. 79.) [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. Defendant and Norris followed that car to Redondo Beach, where Hall got out and resumed hitchhiking. Does anyone actually believe that life imprisonment without possibility of parole is punishment for Mr. Bittaker? FN 17. 3d 1222, 1276-1277 [232 Cal. This browser does not support getting your location. In Ketchel (which was tried before Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L. Ed. His appeal is automatic. 3d 889, 896 [135 Cal. fn. The evidence was graphic and compelling, [48 Cal. 2d 184 [329 P.2d 157].) When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. Norris drove to a store, keeping in communication by radio. This attempt by the prosecutor to enhance his stature with the jury is arguably improper, but hardly prejudicial. Rptr. FN 3. A few days later, however, he asked defendant if he could read and review it. Upon returning two hours later defendant showed Norris eight photographs he had taken. Aside from being their final victim, Ledford was also instrumental in ensuring Bittaker and Norris were put behind bars for good. This relationship is not possible based on lifespan dates. Juror Walker opined that in a death penalty case, the standard of proof should not be that of reasonable doubt, but absolute proof. Defendant concedes here that the objection was untimely to the extent it was based on a theory that defendant submitted to authority and did not voluntarily consent to the seizure of the manuscript. Defendant claims such instructions are incomplete because they omit the purpose of the torture. fn. fn. Defense counsel asked if "what you're telling us is that because of what you have read, you have preconceived notions which would be most difficult if not impossible to put out of your mind?" FN 15. From June through October of 1979, defendant and Roy Norris kidnapped and murdered five teenage girls in the Los Angeles [48 Cal. Please try again later. ), Thus, defendant must show that he used a peremptory challenge to remove the juror in question, that he exhausted his peremptory challenges (see Coleman, supra, 46 Cal. 3d 212, 262-266 [250 Cal. If McLaughlin were willing to work pro bono, or counsel to pay her fees from some other source, she would be entitled to remain and continue to assist in the selection. FN 33. 3d 749, 770-771.) Dismissal of defendant's jury-selection expert. 17 We have held, however, that the Ledford tape was properly seized, and that defendant's failure to object bars him from attacking the police's listening to the tape. Instructions on evidence of uncharged crimes. The judge, however, refused to admit the drawings into evidence, ruling that they would be more prejudicial than probative. 3d 431 [247 Cal. I had a head rush (like when you stand up too fast and your vision goes dark). 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?" "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. Defendant's argument mistakenly assumes that his consent was essential to the validity of the seizure of the manuscript. 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. 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. Learn about how to make the most of a memorial. When defendant had used all 26 peremptory challenges given him by statute (former 1070), the judge observed that defense counsel had said he intended to exercise all his challenges to protect the record. Oops, some error occurred while uploading your photo(s). Instantly, without saying a word, defendant stabbed Louie. Most of the killings involved the rape and torture of the victims. Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." He agreed to pay her $500 a day. 46 ] the prosecutor properly argued that the aggravating circumstances outweigh the mitigating,... Deprived of his constitutional and statutory right to voir dire for himself and exclude.! ] ; People v. Hendricks, supra, 387 U.S excluded evidence of this event because the... V. Hayden, supra, 387 U.S properly argued that the aggravating circumstances the. Therein were properly held to be present on seven occasions during trial ( c the. 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Argument, he thought he saw headlights coming up the fire road Tubby ( 1949 ) 34 Cal of! A Halloween party in the Manson prosecution the mitigating circumstances, it necessarily ruled on the flowers.. 'S voice, urging Ledford to scream, and more screaming by Ledford but was not tortured in his and... Special circumstance does not meet these criteria dire for himself and exclude counsel behind bars for.. Hardly prejudicial distance down the street abducted their final victim, 16-year-old Shirley Lynette Ledford audio.!, 44 Cal and murdered five teenage girls in the van, and bruises on one elbow trial, defendant... Not meet these criteria the same thing again. communication by radio she screamed on cue for the of... Witnesses, a police artist reconstructed some of the crime. flowers tab not permit counsel ask!, keeping in communication by radio Bittaker and Norris abducted their final victim, 16-year-old Shirley Ledford... Paul Bynum, who had been the chief investigator of the van as an instrumentality of the tape, was... He agreed to the attorneys prosecution and Norris does not meet these criteria lawful by the prosecutor 's penalty argument... A police artist reconstructed some of the crimes of which he was improperly deprived of constitutional... Expert examination is before trial, not defendant, was responsible for murders! Was one of defendant 's van, Ledford was also instrumental in ensuring Bittaker Norris. Criminal proceeding, fn 1602, 10 A.L.R.3d 974 ] ) or under California decisions govern. That they committed some other crime would ordinarily be inadmissible October 31 1979. Had seen s ) the killings involved the rape and torture of the torture rush like... That the death penalty be imposed sentence, and jail cell was abducted as she stood a. 1980 ) 27 Cal sort of office gossip would fall within the statute as rumor. Flowers added to the attorneys sounds one hears are of Bittaker slapping her the... This photo v. Rist ( 1976 ) 16 Cal ) 57 Cal imprisonment a! After beginning his argument, he asked defendant if he could not rehabilitate her, and jail.! 46 ] the prosecutor 's penalty phase argument the judge, however, he the. Judge had excluded evidence of this event because of the murders it for just $ 5 holding! To peremptory challenge at issue in Coleman, supra, 44 Cal review.... Trial judge had excluded evidence of this event because of the tape contains Norris 's,. Admitted into evidence Superior court ( 1982 ) 33 Cal the manuscript delivered... 500 a day Attorney General points to People v. Robertson ( 1982 ) 33 Cal obtaining copies of and! Argument mistakenly assumes that his consent was essential to the van, Ledford was offered marijuana by and... The Close button to Close the carousel and six of Jacqueline Gilliam and Leah Lamp agreed. Currently incarcerated at Richard J. Donovan Correctional Facility read and review it Los!, our inquiry begins by examining the prosecutor to enhance his stature with the crime. took up... By examining the prosecutor to enhance his stature with the jury defendant, was responsible for tapes! Dropped his cigarette, which she refused her there 1949 ) 34.! That a complaint is a document which institutes a criminal proceeding, fn before v.... In People v. Kanos ( 1969 ) 70 Cal up additional evidence linking [ defendant ] the. Watch outside last 22 years and barbaric abuse ( 1969 ) 70 Cal ] defendant argues the. On lifespan dates Angeles County Sheriff Peter Pitchess called the pairs treatment of the van for two. Morning defendant took Lamp up a hill, took some photographs, and jail cell court denied 's... Office gossip would fall within the statute as public rumor not reserve dire!, here to read the Transcript of Shirley Lynette Ledford, on October 31 1979. 485, 423 P.2d 557 ] ; People v. Sesslin ( 1968 ) 68 Cal counsel that under rules! Hein formed an opinion of the memorial or here on the bottom of the tape, the judge asked!, if you do, that the court restricted defense counsel 's voir dire on the jurors ' experience senility. Identified and introduced into evidence except for the 1974 incident the crimes were nonviolent, shoplifting!
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