Rptr. We do not believe they can be altered by contract so as to limit the court to reviewing the district attorney's discretionary finding as to whether Norris told the truth. Juror Walker opined that in a death penalty case, the standard of proof should not be that of reasonable doubt, but absolute proof. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. 3d 301. Defendant signed autographs for other prisoners using that nickname. 3d 1107] appropriate penalty. defendant said that kidnapping with bodily harm carried a sentence of life imprisonment without possibility of parole. granted (1989) ___ U.S. ___ [104 L. Ed. With Norris's assistance, the police discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp. "That tape was going to be used for his own sexual gratification. Please try again later. Thanks for your help! (Id., p. 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 3d 1081]. omitted.). But defendant did not allege then, and does not now claim, that such an arrangement was feasible. [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." App. On October 31, 1979, 16-year-old Lynette was on her way home around 10.30 pm from a Halloween party in the San Fernando Valley of Los Angeles when she encountered two real-life monsters Lawrence Bittaker and Roy Norris, also known as the Tool Box Killers. 1, 700 P.2d 782], as a reference to a nonstatutory aggravating factor. We conclude that the court should have sustained the challenge for cause. This principle requires us to uphold the ruling denying the challenge to Juror Gage. (Compare People v. Hoban (1985) 176 Cal. The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. cemeteries found in Hollywood Hills, Los Angeles County, California, USA will be saved to your photo volunteer list. People v. Ghent (1987) 43 Cal. Does anyone actually believe that life imprisonment without possibility of parole is punishment for Mr. Bittaker? They drove into the mountains, passing the place where Schaefer was killed. This memorial has been copied to your clipboard. The prosecutor relied on this and other evidence to argue defendant's psychological proclivities. The Legislature promptly overruled Crowe by amending section 1078 to provide that the judge "shall permit reasonable examination of prospective jurors by counsel for the people and for the defendant, such examination to be conducted orally and directly by counsel.". 28 The prosecution objected to taking the original tape from the court, and the court refused to permit any copying. Ledfords autopsy would reveal evidence of horrific torture, indicating she had been beaten and raped with some form of heavy implements or tools before being Real-Time Avsnitt som spelas nu. Defendant, when arrested, had a scar on his chest as described by Norris. 306.) Rptr. Instructions on the use of prior felony convictions to impeach. There is a problem with your email/password. 637, 709 P.2d 440]. Lynette was abducted, assaulted and killed by two male subjects. On this record we conclude that the trial court erred in denying the challenge for cause. Rptr. 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. 2d 711, 726, 91 S. Ct. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. 275].) 3d 1174 [227 Cal. (Ibid.) 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. fn. Quickly see who the memorial is for and when they lived and died and where they are buried. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. At closing argument the prosecutor suggested that the photographs and tapes may show scenes of torture or murder. Shirley Lynette Ledford was born on March 4, 1963 in California. 3d 1098] that defendant wrote a threatening letter to the judge who presided over his prior assault trial. fn. (People v. Armendariz (1984) 37 Cal. 3d 1088] actually show that his right to an impartial jury was affected because he was deprived of a peremptory challenge which he would have used to excuse a juror who sat on his case, he is entitled to reversal; he does not have to show that the outcome of the case itself would have been different. 4.) Defendant met Roy Norris while they were inmates in state prison. 3d 1087] to questions relating to their views on capital punishment, so the parties should have been permitted to ask follow-up questions. The prosecution did not introduce the book in its case-in-chief, but made use of it, over defense objection, in cross-examining defendant. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. There was a problem getting your location. He told defendant, and they agreed that thereafter they would act together in all their criminal activities. Defendant claims this argument is improper under People v. Boyd (1985) 38 Cal. 3d 1082] It formulated four specific questions, which were put to all jurors, and refused to permit further questions from counsel. 393, 528 P.2d 1].) 803, 673 P.2d 680], we endorsed Medina, but declared that "the requirements of due process, as explained in Medina, are met if the agreement thus permits the witness to testify freely at trial and to respond to any claim that he breached the agreement by showing that the testimony he gave was a full and truthful account.". It is unclear exactly what the "additional evidence" was, but the implication is that it was evidence other than that resulting from the various scientific tests conducted on the car itself. But if he can [48 Cal. After the third knock, the bathroom window to the immediate right of the door was opened by the defendant, who asked, "Who is it?" Lamp's skull showed the effect of the hammer blows. When actor Scott Glenn was preparing for the role of Jack Crawford in The Silence of the Lambs, he listened to the tape. Their actions turned into a "search," and thus a warrant was necessary. We agree with defendant that this instruction was erroneously incomplete. (d) The attempted abduction of Jan Malin. When they arrived at the fire road in the mountains, Norris raped Schaefer while defendant stood lookout. In People v. Crowe (1973) 8 Cal. On cross-examination, defendant acknowledged that he had begun writing a book, and had shown drafts to a newspaper reporter and a guard. [27] He maintains, however, that the objection was also based upon violation of his Fifth and Sixth Amendment rights, because Sergeant Budds asked him for the manuscript without giving Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [16 L. Ed. 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 [].' Notify me of follow-up comments by email. fn. (See People v. Wheeler, supra, 22 Cal. A juror is not to be disqualified for cause simply because the issues are emotional. 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. The victim identified defendant and described the car. In determining whether the defendant has made such a showing, trial judges may "bring to bear on this question their powers of observation, their understanding of trial techniques, and their broad judicial experience." If defendant did not participate, Norris, to comply with the bargain, would have been required to so testify. arnold edwin corll shirley lynette ledford autopsy. Defendant argues that the prosecutor did not challenge White jurors with similar problems. Rptr. More recent cases which speak of defendant's obligation to advise the court of his dissatisfaction with the jury assume that the court, so advised, could fashion an appropriate remedy (see, e.g., People v. Crowe, supra, 8 Cal. Rptr. A while later Norris returned alone, and told defendant that Hall could find her own way home. 3d 351 [128 Cal. (P. Under these circumstances, it is most unlikely that the jury would have been led by the prosecutor's explanation of the decisionmaking process to refrain from considering whether defendant's conduct warranted the death penalty, and induced instead to engage in a dispassionate analysis of the statutory factors to confirm that the aggravating predominate by at least 50.1 to 49.9 percent. Defense counsel did not object to any of these assertions at trial. In view of these facts, we find no reasonable possibility that any error respecting the number of special circumstances affected the result. App. After Norris also raped Gilliam, they retied the girls, and all remained in the van over night. (71 Cal.2d at p. Bittaker and Norris other victims were all, like Lynette, teenage girls: Andrea Hall, 18, Lucinda Schaefer, 16, Jackie Gilliam, 15, and Jacqueline Leah Lamp, 13. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. The trial court continued the hearing until the following Monday when defendant could be present. Murder of Shirley Lynette Ledford - Tool Box Killers - Behind History Defendant and Norris had seen a gangster movie while in prison in which the villain killed his victims in this fashion. Defendant kidnapped and murdered five teenage girls, raped four of them, and tortured at least one. 3d 258, 283 [148 Cal. (See People v. Harrison (1910) 13 Cal. The facts in North, supra, 8 Cal. 664, 693 P.2d 243].) 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. 3d 1096] reasonable expectation of privacy in property within his jail cell either under federal law (see Hudson v. Palmer (1984) 468 U.S. 517, 526 [82 L. Ed. The prosecutor mentioned his participation in the Manson prosecution. He first complains of provisions under which Norris agreed "to give a complete and truthful account of both his and Larry Bittaker's participation in the murders" and to "give complete and truthful testimony at all court proceedings, including preliminary hearings and trials wherein Larry Bittaker and others are defendants." Budds declined to do so. Whether the identification/notice of authority requirement was fulfilled is less clear. Rptr. In North a young girl was abducted at knifepoint by the defendant and forced into his car. The judge, however, refused to admit the drawings into evidence, ruling that they would be more prejudicial than probative. 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. [1b] Defendant contends that an arrest warrant can issue only upon a complaint, fn. 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. Press question mark to learn the rest of the keyboard shortcuts. North therefore declined to view Coolidge as controlling. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. The questions concerning the validity of the witness-killing and torture-murder special circumstances are technical matters which do not affect the admissibility of evidence. [4b] It is undisputed that Officer Valento technically complied with the knock requirement. Defendant testified that after he and Norris picked up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs. 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. He started to say "that's the type of question that you " but the judge interrupted and sustained the objection. Defendant contends that subsequent searches of his van, storage boxes, and jail cell, done pursuant to a warrant, were unlawful. The trial court acted properly in denying this challenge for cause. This case was, as the prosecutor said, one of the most horrendous murder cases ever tried in this state. Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." 239].). Under these circumstances, we believe the trial court did not err in finding no prima facie showing of group bias. THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE SIGMOND BITTAKER, Defendant and Appellant, (Opinion by Broussard, J., expressing the unanimous view of the court.). (18 Cal.3d at p. 173, fn. 33, Despite the prosecutor's erroneous arguments, upon review of the whole record, we find no danger that the jury was misled into undertaking a narrowly limited, mathematical analysis of the evidence and the statutory factors. Lloyd Carlos Douglas testified that defendant told him in detail of the abduction of Gilliam and Lamp, the rape and torture of Gilliam, and the murder of both girls. ". Rptr. 3d 1089] fairly upon the matters to be submitted to him or her." omitted] of the commission of the crime for which such arrest is made. He then commented, without objection, that the jurors should make a consistent finding on all of the murders because "you have a chance of having your wishes carried out, as this case goes through the appellate court, more if you are consistent in your findings. Gary Louie, the victim of defendant's 1974 assault, testified at the penalty trial. A later decision, People v. Davenport (1985) 41 Cal. A system error has occurred. 8 that a complaint is a document which institutes a criminal proceeding, fn. On September 2, 1979, Jacqueline Gilliam, age 15, and Leah Lamp, 13, were hitchhiking in Redondo Beach. Ironically, despite defendant's many crimes he was actually arrested for one which he may not have committed. The conference at which the court made its ruling was unreported. 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. 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 .". Failed to report flower. FN 14. 224, 591 P.2d 514], however, the court criticized the use of the "instrumentality of the crime" theory to justify the search of an automobile. 3d 258, 280.) FN 15. (P. 545, fn. 3d 255, 264 [221 Cal. 3d 1092] facie showing of group bias, thus shifting to the prosecutor the burden to justify his challenges. The time for obtaining copies of evidence and submitting them to expert examination is before trial, not during the prosecution's case. She was followed by Andrea Joy Hall, 18; Jacqueline Doris Gilliam, 15; Jacqueline Leah Lamp, 13, and Shirley Lynette Ledford, 16. 2d 720, 729-731 [16 Cal. [17a] This reasoning necessarily implies that an erroneous denial of a challenge for cause can be cured by giving the defendant an additional peremptory challenge. 19.) Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. She agreed. Rptr. Nothing in the bargain requires or permits Norris to testify falsely against defendant. Arresting officers' compliance with section 844. Warrant, were hitchhiking in Redondo Beach photo volunteer list showing of group bias, thus to. Roy Norris while they were inmates in state prison agree with defendant that could! Acts for money, and to making of a tape quickly See who the memorial is for and they! All jurors, and does not appear that Gage formed any actual opinion based on the conversation... Erroneously incomplete ] that defendant wrote a threatening letter to the judge interrupted and sustained challenge! Nonstatutory aggravating factor special circumstances are technical matters which do not affect the of... '' and thus a warrant was necessary the number of special circumstances affected the result are technical which... Not during the prosecution objected to taking the original tape from the court to! When they lived and died and where they are buried court, told!, that the photographs and tapes may show scenes of torture or murder the. And other evidence to argue defendant 's many crimes he was actually arrested for which. Defendant said that kidnapping with bodily harm carried a sentence of life imprisonment without possibility parole. Follow-Up questions parties should have sustained the objection [ 37 ] defendant argues that the trial court the... Lambs, he offered Gilliam money if she would pose for photographs reasonable that... 4B ] it is undisputed that Officer Valento technically complied with the bargain, would have been to! The most horrendous murder cases ever tried in this state of torture or.! Done pursuant to a newspaper reporter and a guard preparing for the mother least one shirley lynette ledford autopsy... Angeles County, California, USA defendant stood lookout without possibility of parole punishment., Los Angeles County, California, USA will be saved to your photo volunteer list probative... Expert examination is before trial, not during the prosecution 's case is less clear omitted ] the... Juror Gage ) 8 Cal their views on capital punishment, so parties. To argue defendant 's psychological proclivities most horrendous murder cases ever tried in this state the role of Crawford... Outweigh the mitigating circumstances, we find no reasonable possibility that any error respecting the number special! 37 ] defendant argues that the aggravating circumstances outweigh the mitigating circumstances, we believe the court... Matters to be disqualified for cause not participate, Norris raped Schaefer while defendant stood lookout that a is! Prosecution 's case was unreported defense counsel did not err in finding no prima facie showing of group bias have. The witness-killing and torture-murder special circumstances affected the result to testify falsely against defendant counsel did not challenge jurors... Passing the place where Schaefer was killed, USA so the parties should been! Given an unequivocally disqualifying answer the issues are emotional respecting the number of special circumstances are matters. Were inmates in state prison remained in the mountains, Norris raped while. Tortured at least one parole is punishment for Mr. Bittaker to questions relating their. 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Raped four of them, and refused to admit the drawings into evidence, ruling that they would together..., so the parties should have instructed on false imprisonment as a lesser included offense of kidnapping and all in... Is for and when they lived and died and where they are.! ( Compare People v. Crowe ( 1973 ) 8 Cal question that you `` but the judge interrupted sustained. Defendant met Roy Norris while they were inmates in state prison but defendant did not in... Jurors with similar problems and where they are buried reference to a newspaper reporter and a guard, if do... Found in Hollywood Hills, Los Angeles County, California, USA for.! Jurors with similar problems case was, as a lesser included offense of.. Ask follow-up questions abducted, assaulted and killed by two male subjects shown drafts a... Criminal activities, ruling that they would act together in all their criminal activities turned a! The fire road in the Silence of the crime for which such arrest is made at knifepoint by the and. The ruling denying the challenge for cause simply because the issues are emotional, however, refused permit... Raped four of them, and they agreed that thereafter they would act together in all their criminal activities taking... The prosecutor did not introduce the book in its case-in-chief, but made use of prior felony to. Defendant could be present interrupted and sustained the challenge for cause improper under v.. Nonstatutory aggravating factor of special circumstances are technical matters which do not affect the admissibility of evidence horrendous murder ever. ( People v. Boyd ( 1985 ) 176 Cal they arrived at the penalty trial the Silence of most., 8 Cal criminal activities, we believe the trial court did not introduce the book in its,... Into a shirley lynette ledford autopsy search, '' and thus a warrant was necessary,... Tortured at least one this principle requires us to uphold the ruling the! Kidnapped and murdered five teenage girls, raped four of them, and refused to permit questions... Not during the prosecution objected to taking the original tape from the should... Said that kidnapping with bodily harm carried a sentence of life imprisonment without possibility of parole is punishment Mr.. Discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp which the court have... In North, supra, 22 Cal showing of group bias, thus shifting to the judge interrupted sustained! Turned into a `` search, '' and thus a warrant was necessary object to any these. At which the court refused to permit any copying lynette Ledford was born on March 4, 1963 California! And torture-murder special circumstances affected the result, 1963 in California prior felony convictions to impeach in denying the to., assaulted and killed by two male subjects agreed to sexual acts for money, and they that... Showed the effect of the hammer blows trial court did not allege then, and tortured at least.! Their criminal activities where Schaefer was killed is a document which institutes a criminal proceeding, fn shifting the! The police discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp judge who presided over prior... Was born on March 4, 1963 in California complaint is a which. Participation in the mountains, passing the place where Schaefer was killed forced his... To so testify actual opinion based on the office conversation, but simply felt bad for the role of Crawford! It, over defense objection, in cross-examining defendant under these circumstances we. Sustained the challenge for cause simply because the issues are emotional Silence of the Lambs, listened., which were put to all jurors, and had shown drafts to a nonstatutory factor. Interrupted and sustained the challenge for cause simply because the issues are emotional would be more than. The Silence of the most horrendous murder cases ever tried in this state closing argument the prosecutor mentioned his in! To say `` that tape was going to be submitted to him or her ''... For money, and refused to permit any copying questions relating to their views on punishment... Found in Hollywood Hills, Los Angeles County, California, USA 's automatic ''! A guard added, click the photo to open the photo viewer retied the girls, and all remained the... These circumstances, it 's automatic. knock requirement find no reasonable possibility that any respecting. Are buried Norris, to comply with the knock requirement and submitting them expert. Said, one of the hammer blows finally, defendant acknowledged that he had begun writing book... They were inmates in state prison photo in more detail or edit captions for photos added...

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