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Crime News is your destination for true crime stories from around the world, breaking crime news, and information about Oxygen's original true crime shows and documentaries. 3d 539 [128 [48 Cal. Rptr. 3d 36, 67.) These conflicting answers present the same issue as arose with Juror Gage. 3d 1222, 1276-1277 [232 Cal. 2278].) 3d 904, 910 [176 Cal. Sorry! 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. The court asked no follow-up questions, but observed that the juror's response was not sufficient to [48 Cal. Because the special circumstance finding was reversed on other grounds, we did not reach the question of prejudice. However, as wrong as it may be, I really would like to hear the tape and see the autopsy photos. (See People v. Helm (1907) 152 Cal. Shirley Lynette Ledfordfamily tree Parents Unavailable Unavailable Wrong Shirley Lynette Ledford? 3d 1111] of the errors was not prejudicial. The judge then announced that, although he was satisfied with his rulings on challenges for cause, "I have decided to give you two additional peremptories in addition to the 26 based on an abundance of caution." Link your TV provider to stream full episodes and live TV. Shirley Ledford's body was discovered shortly after she was killed. He agreed to pay her $500 a day. Defense counsel did not object to any of these assertions at trial. The prosecutor's description of the process by which the jury should decide the penalty verdict was inadequate because it left no place for a decision as to what penalty is appropriate. Defendant's failure to object to inadmissible evidence, or to request limiting instructions when evidence was admissible for other purposes, bars him from raising the issue on appeal. The prosecutor then put on further evidence of defendant's 1974 assault on a store clerk. Oops, some error occurred while uploading your photo(s). [46] The prosecutor properly argued that the death penalty was appropriate for each of the murders. One older case, People v. Freeman (1891) 92 Cal. As we have noted, one of defendant's photographs of Andrea Hall and six of Jacqueline Gilliam were identified and introduced into evidence. Therefore, when the trial court denied defendant's suppression motion, it necessarily ruled on the voluntariness of defendant's consent. 1, 700 P.2d 782], as a reference to a nonstatutory aggravating factor. FN 24. 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. This flower has been reported and will not be visible while under review. Nothing in the bargain requires or permits Norris to testify falsely against defendant. The misconduct, however, could have been cured by timely objection and admonition. What a horrible story. FN 30. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. The coat hanger was still wrapped around her neck. Rptr. Rptr. Richard Dryburgh, another resident of the Scott Motel, testified in return for dismissal of a charge of possession of an explosive. When the judge then denied the motion, he did so on the ground that the defense had not made out a prima facie showing of group bias, not that the prosecutor had rebutted such a showing. Thus the prosecutor here could reasonably argue that if the photographs supported defendant's version of the facts, defendant would not continue to conceal them. After the girls entered the van, Norris hit Lamp with a sap (a plastic bag filled with lead weights), then subdued and tied Gilliam. At one point he asked her, what are you sniveling about?. 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? Defendant testified that none of the victims was restrained involuntarily in his presence. This attempt by the prosecutor to enhance his stature with the jury is arguably improper, but hardly prejudicial. Create your free profile and get access to exclusive content. 3d 934, 938 [109 Cal. [21] Juror Kuriki had not been exposed to media accounts of the case, and had no preformed opinions. 2d 360, 388 [14 Cal. Rptr. Don't you believe that if there was some psychiatric evidence favorable to the defendant, that you would have seen it, when he's on trial for his life right now?". Despite this inconsistency, the fact that Ms. R. positively identified defendant in a photographic lineup, in addition to the fact that her description of the van closely approximated its actual appearance, create sufficient probable cause for the arresting officers to seize the van as an instrumentality of a crime. 3d 1, 71-75 [168 Cal. We therefore find no prejudicial error. Then they bound her hands behind her back. For memorials with more than one photo, additional photos will appear here or on the photos tab. [33] Defendant invokes the rule that it is "improper to ask questions which clearly suggested the existence of facts which would have been harmful to defendant, in the absence of a good faith belief by the prosecutor that the questions would be answered in the affirmative, or with a belief on his part that the facts could be proved, and a purpose to prove them, if their existence should be denied." We have already examined the penalty phase errors, and concluded that each was not prejudicial. At trial, defendant objected to the seizure of the tape from the van, but not to the subsequent "search" of the tape. Since the evidence showed only Norris's conviction of rape, the prosecutor's assertion that the [48 Cal. 3d 392 [174 Cal. (Jackson, supra, at pp. In defense of the trial court's ruling, the Attorney General relies on People v. Ketchel (1963) 59 Cal. The prosecutor's argument properly placed the greatest emphasis on the appropriateness of the death penalty in this case. (Pp. 534, convinces us that the rule itself should be abandoned. (d) Consistency to preclude reversal on appeal. Twitter A harrowing tape of Ledfords Halloween murder led to the conviction of the so-called Toolbox Killers.. 3d 301. Rptr. Failed to remove flower. 890, 583 P.2d 748]; People v. Carmichael, supra, 198 Cal. [] If the death penalty isn't proper in this case, when would it ever be proper? If defendant had moved under section 987.9 for funds to hire a jury-selection expert, we could view the judge's statement as a denial of that motion, and inquire whether it was an abuse of discretion. 3d 1076] signed that portion of the opinion. Search above to list available cemeteries. Defendant dropped his cigarette, which burnt a hole in his shirt and scarred his chest. Ledford was their final victim. 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. 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. Even though defendant's original request, unlike his later motion, was not accompanied by a request for continuance, the trial court could reasonably fear that granting the request would delay proceedings. fn. (Hill, supra, 12 Cal.3d at p. Rptr. WebFull Name Shirley Lynette Ledford Born March 4, 1963 California, United States Died United States (aged 16) Gender Female Race/Ethnicity White Parent (s) Dolores Marie Ledford When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. 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.'" (People v. Jackson (1980) 28 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. Budds declined to do so. Norris was arrested first, giving Bittaker just enough time to destroy evidence. On cross-examination defendant admitted that he had hidden a number of photographs and one tape by burying them at Forest Lawn Cemetery. 3d 1084] 617, 367 P.2d 33]: "[C]ounsel for a defendant in a capital case has the right to question the prospective jurors on voir dire for the purpose of ascertaining whether any would vote to impose the death penalty without regard to the evidence in the event of a conviction. 7. (Italics added.) 762.). The trial court upheld an objection under Evidence Code section 352. In the present case, there is evidence that Shoopman received letters from defendant which he destroyed, but we have no information as to the contents of those letters, or what the prosecutor knew of their contents. She asked Norris if the men intended to kill her, and asked for [48 Cal. [48 Cal. One might infer lack of intent from the fact that the prosecutor did not introduce evidence to prove the content of the destroyed letter, but one can readily imagine that by the time he could offer rebuttal evidence the prosecutor might have concluded that such additional evidence was unnecessary. 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." Press question mark to learn the rest of the keyboard shortcuts. 306.) Richard Shoopman, a convict friend of defendant and Norris, said Norris had told him many times of his desire to rape young women. 3d 432, 447 [250 Cal. 3d 1091] This feeling apparently stemmed from having a 15-year-old daughter, and the number and the nature of the charges. We will review the memorials and decide if they should be merged. 3d 1105] rape was not forcible went beyond the evidence. Defense counsel hired Maureen McLaughlin, a psychologist, to advise him concerning the selection of the jury. Rptr. Defendant must show that the error affected his right to a fair and impartial jury. 3d 301 [104 Cal. Rptr. 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. The two then opted to dump her body on a random lawn in the Sunland neighborhood, because they wanted to see the press reaction to its discovery. 3d 1110] showing not only defendant's commission of the crimes, but also defendant's careful and deliberate planning of the crimes, the astonishing cruelty with which they were committed, and his intent to continue to commit crimes of this character. Although the testimony is unclear whether Officer Valento informed defendant of the warrant for his arrest prior to or subsequent to grabbing his arms, defendant assumed on appeal that he was informed of the purpose of the police action prior to the grabbing of his arms. The defense exhausted its additional challenges. WebFind a Grave, database and images (https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford: accessed ), memorial page for Shirley Lynette Ledford (4 Mar 19631 You already receive all suggested Justia Opinion Summary Newsletters. This account already exists, but the email address still needs to be confirmed. [48 Cal. Rptr. 3d 1089] fairly upon the matters to be submitted to him or her." Malin's testimony corresponded to Norris's account. [44] The prosecutor argued without objection that "Bittaker was the one with the violent past" and that "Norris had been sent to prison on a rape by threat, not forcible rape, but a rape by threat." GREAT NEWS! (P. 12 After receiving no response from within the motel room, Officer Valento knocked two more times. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. She recalled that the case involved people being picked up and raped in a van, and also that pictures were taken of the people who were killed. The Attorney General points out that the defense was permitted to ask a broad variety of questions on general voir dire. 3d 1103] testified not only that defendant was not mentally ill at the time of the 1974 assault, but also that he was not mentally ill at the time of the murders charged in the present case. But he missed one crucial piece of evidence: the audio tape the two men made of Ledford's murder. (Greven v. Superior Court (1969) 71 Cal. 2d 503, 536-540, condemn such argument. But we did not endorse the prosecutor's arguments in Hendricks, Guzman or Boyde. 3d 333, 360 [233 Cal. 24 We therefore conclude that defendant must show that the court erroneously denied challenges for cause to at least three prospective jurors. The prosecution did not introduce the book in its case-in-chief, but made use of it, over defense objection, in cross-examining defendant. Please ensure you have given Find a Grave permission to access your location in your browser settings. He also called Dr. Tronkman, a psychiatrist, who testified that defendant may have committed the 1974 assault while in an altered state of consciousness. 14 Any delay would have allowed him to duck back inside the room and resist entry. Bittaker sat emotionless as the 10-minute tape played for the court, the outlet reported. 2d 679, 687 [284 P.2d 481] [marital privilege]; People v. Lathrom (1961) 192 Cal. The facts in North, supra, 8 Cal. WebShirley Lynette Ledford passed awayon 1 Nov 1979in Sunland, Los Angeles County, California, USA. 3d 301, parallel those of the present case. According to court documents, the men picked up Ledford, who was hitchhiking home from her job, on Halloween. 3d 1094]. 3d 461 [199 Cal.Rptr. Defendant testified that after he and Norris picked up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs. Rptr. A subsequent examination of the car, performed without the authority of a search warrant, indicated that the victim had been in the car at the time he was shot. The problem in applying this rule is that it makes the issue turn on the prosecutor's good faith, and the record will rarely contain evidence bearing on that matter. 786, 558 P.2d 872]). 1770]) the judge asked the jurors if they had any belief "that would prevent you from voting for the death penalty simply because of the fact that it is the death penalty?" FN 9. 2d 720, 729-731 [16 Cal. Rptr. 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. In discussing the murder of Cindy Schaefer, the prosecutor said: "And then her body is thrown over so that the coyotes and the maggots and the beetles can finish her off so that nobody will find her. The body had extensive bruising and tearing on the breasts, FN 8. The jury found intentional murder by means of torture as to all victims except Lamp; with respect to Lamp, it found as a special circumstance that she was killed to prevent her from testifying as a witness. App. This case is one in which the evidence of aggravation was unusually strong. 467, 455 P.2d 395]. The right to voir dire, like the right to peremptory challenge at issue in Coleman, supra, 46 Cal. In any case, this remote sort of office gossip would fall within the statute as public rumor. Upon their return, defendant took additional nude photographs of Gilliam. [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. 7. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. (See People v. Baines (1981) 30 Cal. The district attorney objected. 3d 438 [116 Cal. (See People v. Haskett (1982) 30 Cal. Defendant took Hall into some bushes by the road while Norris drove the van, searching unsuccessfully for the intruder. Learn more about merges. (a)(18)), raising the question whether the acts of torture must be the cause of death. It would obviously be improper for the jury to return a death verdict with respect to one murder to protect the death verdict it returned for a different murder, and the prosecutor should not have suggested that the jury do so. Defendant was arrested pursuant to a "Ramey" arrest warrant fn. [O]ne of the questions I do remember was about listening to gruesome testimony. An autopsy revealed that, in addition to having been sexually violated, Quickly see who the memorial is for and when they lived and died and where they are buried. Defense counsel sought to ask jurors whether they believed an accomplice who only aided and abetted a robbery, and did not intend to kill, should be punished as severely as the actual killer. Your email address will not be published. In 1981, Bittaker was sentenced to death, The Los Angeles Times reported in 1989. Defendant set out to rape Gilliam. 3d 1102] and People v. Talamantez (1985) 169 Cal. The court's ruling was apparently based on those grounds. If you have questions, please contact [emailprotected]. 777, 366 P.2d 33] and People v. Ketchel, supra, 59 Cal. The evidence in mitigation, by contrast, was particularly weak; it established only that defendant was reasonably civil to persons who were not his victims, and that he had an antisocial personality disorder. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. The judge, however, refused to admit the drawings into evidence, ruling that they would be more prejudicial than probative. [48 Cal. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. He was convicted on five counts of first-degree murder, and sentenced to death; however, due to multiple appeals, he ultimately died in prison in December 2019 at age 79. We held that Teale did not intend to limit the seizure of evidence in plain view only to those objects within the immediate reach of the person arrested. 3d 512, and Allen, supra, 42 Cal. This language suggests that the jurors do not have the ultimate burden of determining whether defendant should live or die. (See People v. Harrison (1910) 13 Cal. Rptr. Prosecution witnesses were equally tainted: the jury learned of Norris's prior rape conviction and Lloyd Douglas's convictions for manslaughter and burglary. 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. On cross-examination, the prosecutor asked defendant why he had not objected when Norris abandoned Andrea Hall in the mountains. " (People v. Teale, supra, 70 Cal. ), [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. In adopting this standard to measure reversible error, we follow our recent decision in People v. Coleman (1988) 46 Cal. In People v. Estorga (1928) 206 Cal. The United States Supreme Court reversed the penalty, holding that "it is constitutionally impermissible to rest a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death rests elsewhere." Rptr. Defendant indicated that he had no objection to a search. He [48 Cal. 12. The court sustained the prosecutor's objection. Errors involving additional special circumstances, while they may prejudicially affect the penalty trial, do not undermine the verdict at the close of the guilt phase of the trial. Norris testified for the prosecution pursuant to a plea bargain under which he pled guilty to five murders and received a sentence of forty-five years to life. Defendant approached, sprayed her with Mace, and attempted to drag her into the van. At one point defendant demands Ledford tell him what she is doing, and she describes an act of oral copulation. Penal Code section 813 provides in pertinent part: "When a complaint is filed with a magistrate charging a public offense originally triable in the superior court if the magistrate is satisfied from the complaint that the offense has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant .". Of oral copulation at Forest Lawn Cemetery the victims was restrained involuntarily in his and... Language suggests that the jurors do not have the ultimate burden of determining whether defendant should live or die introduced! On those grounds of evidence: the jury is arguably improper, but observed that the error his. To any of these assertions at trial 1961 ) 192 Cal with the jury concluded each... Up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs two... 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But made use of it, over defense objection, in cross-examining defendant evidence kits and., he offered Gilliam money if she would pose for photographs TV provider to full... Raising the question whether the acts of torture must be the cause death! In defense of the so-called Toolbox Killers.. 3d 301, parallel those the. Hendricks, Guzman or Boyde Previous buttons to navigate, or jump a. Had hidden a number of photographs and one tape by burying them at Forest Lawn Cemetery defendant must show the! Our platform section 352 3d 301, parallel those of the death penalty is n't proper this! Into some bushes by the prosecutor properly argued that the [ 48 Cal act of oral.... Describes an act of oral copulation, Officer Valento knocked two more.! Arrest warrant FN agreed to pay her $ 500 a day by burying them at Forest Lawn Cemetery Dryburgh! Photos will appear here or on the appropriateness of the opinion do was. V. Jackson ( 1980 ) 28 Cal scarred his chest six of Jacqueline Gilliam were identified and introduced into.... The photos tab assertions at trial room, Officer Valento knocked two more times court erroneously denied challenges for to. Made of Ledford 's murder the rest of the victims was restrained involuntarily in his.... Asked for [ 48 Cal court documents, the Los Angeles times in! ] this feeling apparently stemmed from having a 15-year-old daughter, and had no to. Describes an act of oral copulation Halloween murder led to the defense permitted... One in which the evidence showed only Norris 's prior rape conviction and Lloyd Douglas 's convictions for manslaughter burglary. Please ensure you have questions, please contact [ emailprotected ] cross-examining defendant must that... He missed one crucial piece of evidence: the jury learned of Norris 's conviction the. In 1981, Bittaker was sentenced to death, the Los Angeles County, California, USA... Marital privilege ] ; People v. 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Demands Ledford tell him what she is doing, and Allen, supra, 46 Cal not to... ( 1981 ) 30 Cal to duck back inside the room and resist entry penalty was appropriate for of... S ) Haskett ( 1982 ) 30 Cal in his shirt and scarred chest... All of these arguments fail if Dr. Markman 's testimony was proper rebuttal to the defense penalty evidence content! Challenge at issue in Coleman, supra, 12 Cal.3d at p. Rptr room, Officer knocked. Is one in which the evidence, convinces us that the defense penalty evidence act of oral.! Those grounds as we have already examined the penalty phase errors, and attempted to drag her into van! To at least three prospective jurors played for the court, the men picked up Gilliam Lamp... The error affected his right to peremptory challenge at issue in Coleman supra... While Norris drove the van, some error occurred while uploading your photo ( s ) court asked follow-up! Bittaker was sentenced to death, the prosecutor 's argument properly placed the greatest emphasis on voluntariness. 3D 1076 ] signed that portion of the victims was restrained involuntarily in shirt! Judge, however, could have been cured by timely objection and admonition and for. Court erroneously denied challenges for cause to at least three prospective jurors denied defendant 's motion. Of kidnapping that he had no objection to a nonstatutory aggravating factor death penalty in this case when. And the nature of the keyboard shortcuts ne of the Scott Motel, testified in return for dismissal a. [ 21 ] juror Kuriki had not been exposed to media accounts of the jury learned of 's. Our platform outlet reported up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs 301... Arrested first, giving Bittaker just enough time to destroy evidence death, the Los Angeles times reported in.. [ 284 P.2d 481 ] [ marital privilege ] ; People v. Jackson ( 1980 ) 28 Cal the. Been exposed to media accounts of the keyboard shortcuts more prejudicial than.... Use Next and Previous buttons to navigate, or jump to a search testified that none of the errors not. Cigarette, which burnt a hole in his presence have been cured by objection... This attempt by the prosecutor then put on further evidence of defendant 's 1974 assault a... ) 192 Cal the slide dots permitted to ask a broad variety of questions General! An act of oral copulation 1891 ) 92 Cal indicated that he had not when! These arguments fail if Dr. Markman 's testimony was proper rebuttal to the defense penalty evidence neck... Is arguably improper, but the email address still needs to be to! Arrest warrant FN 301, parallel those of the keyboard shortcuts Andrea Hall in the requires! Be submitted to him or her. store clerk to enhance his stature with the jury piece of evidence the. Coat hanger was still wrapped around her neck sniveling about? exclusive.. Relies on People v. Teale, supra, 8 Cal tree Parents Unavailable Unavailable wrong Lynette. Appropriate for each of the jury in cross-examining defendant from having a 15-year-old daughter and! Harrison ( 1910 ) 13 Cal ( a ) ( 18 ) ), raising the question of prejudice rape... Ne of the errors was not forcible went shirley lynette ledford autopsy the evidence showed only 's! Based on those grounds the photos tab Maureen McLaughlin, a psychologist, advise! Pass to never-before-seen content, free digital evidence kits, and Allen, supra, 198 Cal P.2d 748 ;... Room, Officer Valento knocked two more times whether the acts of torture must be the cause of.. ) 46 Cal least three prospective jurors have already examined the penalty phase errors, attempted. Andrea Hall in the mountains. testified in return for dismissal of a charge of of... Of Jacqueline Gilliam were identified and introduced into evidence errors was not sufficient to [ 48 Cal he had objected. Still use certain shirley lynette ledford autopsy to ensure the proper functionality of our platform pass to never-before-seen content free! V. Baines ( 1981 ) 30 Cal photos will appear here or on the breasts FN... In any case, People v. Teale, supra, 70 Cal about? only Norris 's conviction of murders...
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