On November 7, 1989, defendant Richard Ramirez was sentenced to death for the so-called Night Stalker murders following his convictions of 12 counts of first degree murder (Pen.Code, 187, subd. WebKettle Creek North Address 1300 Hemlock Drive Verona, WI 53593. The victim had been stabbed multiple times in her upper chest, neck, arm, and leg and had some wounds on her hands. The trial court conducted an extensive and appropriate inquiry into defendant's awareness of the possibility of a conflict of interest, offered defendant separate counsel to advise him, and obtained assurances from defense counsel that no such conflicts existed or were likely to arise. He found her wallet and removed her money. Defendant ran from room to room, ransacking the house. ), The nature and gravity of the present offenses could not have been more serious, but this factor alone does not require a change of venue. The court denied the motion at a hearing on September 5, 1989. (Compare Sheppard v. Maxwell (1966) 384 U.S. 333, 86 S.Ct. [Citations. No. She turned to see defendant holding a gun pointed at her face. One time, he attempted a kidnapping but it failed, and while he was driving away he committed a traffic violation and a cop saw it happen. In the following years, he would leave more of these pentagrams behind, and would also tell his victims to swear to Satan instead of God. Build Your House at Kettle Creek North in Verona Wisconsin Calif.Only that it has something to do with the Night Stalker and that was revealed in the courtroom by the judge.He's accused of a feloney [sic]., 6. WebMaxine Zazzara (1940-1985) Maxine Zazzara. The jury returned a verdict of death at 11:00 a.m. Her throat had been slashed almost from ear to ear. It appeared she may have been sexually assaulted. On direct appeal, defendant is restricted to claims bear[ing] on the validity of the death sentence itself. [Citation.] The Defendant: It exists, but I feel there will be no conflict. One stated: The weight to be given to the factors in aggravation and mitigation is a matter for each juror to determine. The court's exercise of that discretion will not be disturbed on appeal unless the probative value of the photographs clearly is outweighed by their prejudicial effect. The photographs at issue here are gruesome because the charged offenses were gruesome, but they did no more than accurately portray the shocking nature of the crimes. 82-85), defense counsel in the present case entered into a contract with both defendant and his family to represent defendant. Catherine Mazzara - Address & Phone Number | Whitepages As we have noted regarding allegations regarding individual jurors: The decision whether to investigate the possibility of juror bias, incompetence, or misconduct-like the ultimate decision to retain or discharge a juror-rests within the sound discretion of the trial court. (People v. Waidla (2000) 22 Cal.4th 690, 713, 94 Cal.Rptr.2d 396, 996 P.2d 46.). Photographs were taken of the location near the Doi residence where Launie Dempster, the newspaper deliverer, had seen defendant in a parked car shortly before the murder. [E]very brief should contain a legal argument with citation of authorities on the points made. Lucifer dwells within us all., As noted above (ante, 46 Cal.Rptr.3d at p. 703, 139 P.3d at p. 86), section 1368 provides: (a) If, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant, he or she shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent [] (b) If counsel informs the court that he or she believes the defendant is or may be mentally incompetent, the court shall order that the question of the defendant's mental competence is to be determined in a hearing which is held pursuant to Sections 1368.1 and 1369. A trial court is required to conduct a competency hearing under section 1368 only if substantial evidence of incompetence is introduced. (People v. Hayes, supra, 21 Cal.4th 1211, 1281, 91 Cal.Rptr.2d 211, 989 P.2d 645.) Mr. ), As noted above, the disputed photographs were highly relevant. Before dawn on the morning of August 8, 1985, Sakina A. was awakened by the sound of defendant shooting her husband, Elyas, in the head as he lay next to her, asleep. The trial court did not err in granting defendant's request to substitute counsel. 586-587, 186 Cal.Rptr. A burglary is committed if the defendant enters a residence or other enumerated structure with intent to commit grand or petit larceny or any felony. (459.) ATTIC Locations - ATTIC Correctional Services, Inc. 1, 753 P.2d 1052, in which we held that age cannot be solely a mitigating factor and observed that the word age in statutory sentencing factor (i) is used as a metonym for any age-related matter suggested by the evidence or by common experience or morality that might reasonably inform the choice of penalty. 8.85, the prosecutor told the jury: You may consider those crimes [of which defendant was convicted] in aggravation in determining penalty in this case only once; you can't consider them in section a and section b. I am beyond good and evil. Ramirez was accused of entering a home in Orange County and slaying someone there.I have not learned anything about this case. 8. Nearly a year after his arrest, on July 21, 1986, following the preliminary hearing, defendant filed a motion for change of venue. I don't believe in the hypocritical moralistic dogma of this so-called society and need not look beyond this room to see all the liars, the haters, the killers, the crooks, the paranoid cowards, truly the trematodes[12 ] of the earth, each one in his own legal profession. Appeal from the United States District Court for the Central District of California. A trial court should grant a mistrial only when a party's chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review a trial court ruling denying a mistrial. (People v. Bolden (2002) 29 Cal.4th 515, 555, 127 Cal.Rptr.2d 802, 58 P.3d 931.) at p. 597, fn. He brought her son from the closet and handcuffed them together to the bed. A trial court does not abuse its discretion if it discharges a juror who falls asleep during the trial. A man repeated, Help me, help me. The dispatcher sent an ambulance, which arrived within five minutes. April 14, 1985: Ramirez slipped into the Monterey Park home of Bill Doi and his disabled Defendant has presented no persuasive reason to reconsider our previous holdings. She stumbled and fell. A .22-caliber bullet recovered from Chainarong K.'s head had been fired from the same gun that fired the bullets that killed Vincent and Maxine Zazzara. The court noted that the brace was less obtrusive than leg chains and thus to defendant's advantage. The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will create substantial danger of undue prejudice (Evid.Code, 352.) The circumstance that there was no evidence of theft during the commission of the attempted murder of Hernandez and the murder of Okazaki does not establish that defendant did not harbor the intent to steal when he entered the residence. Paramedics arrived and found Bell still breathing and took her to a hospital. ] (People v. Taylor (2001) 26 Cal.4th 1155, 1180, 113 Cal.Rptr.2d 827, 34 P.3d 937; People v. Earp (1999) 20 Cal.4th 826, 899, 85 Cal.Rptr.2d 857, 978 P.2d 15. In his reply brief, defendant withdrew this contention. A hearing was held on August 31, 1989. Such malice may be express or implied. Proc., 233, 234.) The trial court denied the challenge. Defendant in the present case exhausted his peremptory challenges to the alternate jurors, but did not express dissatisfaction with the jury ultimately selected. She had multiple skull fractures, which could have been caused by a tire iron that had been left by her bed. [Citations. Defendant further argues that the trial court erred in failing to order a competency hearing sua sponte. That determination must be based solely upon the evidence presented to you., Although we could construe as an objection to the use of physical restraints defense counsel's passing comment that I think my client's position is that he should have neither a leg brace or leg chains, defendant failed to preserve this issue for review because, despite the court's invitation to resolve the issue at a later hearing, he did not request such a hearing or otherwise press for a ruling on the necessity for physical restraints. As noted above, defendant was arrested on August 31, 1985. The Court: All right. The Court: All right. Son of Night Stalker Richard Ramirez victims says, 'I wish I'd Case Of The Night Stalker Quiz Defendant argues that these instructions, coupled with the prosecutor's argument that the jury should consider each of these murders in turn, the first degree murders, and each of the special circumstances in turn, and make a decision on each one, impermissibly invited the jury to double-count the special circumstances, in violation of our decision in People v. Melton (1988) 44 Cal.3d 713, 768-769, 244 Cal.Rptr. Copyright 2023, Thomson Reuters. In Whittier, he cut out Maxine Zazzaras eyes and took them with him. (People v. Smith (2003) 30 Cal.4th 581, 641, 134 Cal.Rptr.2d 1, 68 P.3d 302; People v. Marshall (1990) 50 Cal.3d 907, 269 Cal.Rptr. WebMadison, Wisconsin white page directory listings include full name, phone number and address. The evidence is overwhelming that one of defendant's purposes in entering Hernandez and Okazaki's residence was to steal. The trial court did not err in admitting the challenged photographs of the victims. They entered and found Vincent Zazzara lying dead on the couch in the den. Defendant relies upon the bizarre nature of the criminal acts charged, [defendant]'s bizarre and abnormal behavior following his arrest, and the court's own questions at various court hearings regarding [defendant]'s competence. But none of these circumstances raised a question as to defendant's ability to understand the nature of the proceedings or assist counsel in his defense. In People v. Burgener, supra, 29 Cal.4th 833, 856, 129 Cal.Rptr.2d 747, 62 P.3d 1, we observed that it was uncertain whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, was sufficient to satisfy the second prong of the Duren test. Only one person (0.3 percent) believed defendant was not responsible for the murders. Catherine is related to Julie Odonnell Wright and Gloria L Wright as well as 2 additional people. Do you realize, both Messrs. Hernandez, the family funds may be insufficient to adequately reimburse you for your services in this matter and, recognizing that fact, do you understand it may be necessary once you are attorneys of record in this case to perform some or all of your services on a pro bono basis? Dr. Okay. 702-705, 139 P.3d at pp. He doesn't look the same as he looked that night? Yes; the hair, the clothing, the glasses. Moreover, a trial court must exercise caution when denying a defendant's request to substitute counsel, because [r]eversal is automatic when a defendant has been deprived of his right to defend with counsel of his choice. 177, 639 P.2d 248: [C]hosen representation is the preferred representation. The Court: Mr. Hernandez, you are making an issue of it. The right to counsel of choice is one of the constitutional rights most basic to a fair trial. Delatorre's husband, Manuel, arrived and struck defendant on the head with a steel bar. 8.84.1 that it must determine what the facts are from the evidence received during the entire trial unless you are instructed otherwise. Defendant argues that this instruction erroneously permitted the jury to consider aggravating factors not listed in section 190.3. Son of Night Stalker Richard Ramirez victims says, 'I wish I'd He was sentenced to death but in 2013, he died of cancer in prison, after serving 23 years on death row. We described the right of a criminal defendant to counsel and to present a defense as among the most sacred and sensitive of our constitutional rights and cautioned that the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best. (Id. All of the charges against defendant were properly joined under section 954 because they either were connected together in their commission or were offenses of the same class of crimes. Each of the groups of offenses suggested by defendant in the trial court included charges of murder or rape or both. Although we held that the trial court did not abuse its discretion in ordering the jury to resume deliberations, defendant in the present case relies upon our added observation: We do not suggest that a more detailed inquiry by the court would have served no purpose. (Id. Thats a pretty sick individual. Indeed, he would help himself to food and drinks in the kitchen after his crime. Citing Rideau v. Louisiana (1963) 373 U.S. 723, 83 S.Ct. On August 14, 1989, the jury was unable to begin deliberations because one of the jurors, Phyllis Singletary, failed to appear. Those are matters that must not affect your verdict.. Police increased their patrols, gave advice on how to avoid being victimized, and gave free deadbolt locks to the elderly. Defendant claims that his jury was not drawn from a fair cross-section of the population in violation of Code of Civil Procedure sections 197 and 203, article I, section 16 of the California Constitution, and the Sixth Amendment to the federal Constitution because the methods used to summons the jury venire resulted in the elimination of a disproportionate number of Hispanics. As explained below, defendant challenged the composition of the master list that was used to summon jurors during the 1987-1988 fiscal year that ended in June of 1988. WebSee sales history and home details for 10234 Strong Ave, Whittier, CA 90601, a 3 bed, 3 bath, 2,012 Sq. ), A trial court's denial of a motion for severance may be reversed only if the court has abused its discretion. Defendant got out of his car and pulled Yu out of her car as she fought. Defendant proposed 10 special jury instructions during the penalty phase. 339, 651 P.2d 1145.) Christopher Petersen drove his wife to the hospital. Defendant argued in his opening brief that the trial court erred in denying his motion for sequestered voir dire of the jury. Nor do we find any authority to support defendant's argument that the Fifth, Sixth, Eighth or Fourteenth Amendments of the United States Constitution, or their California counterparts, impose such a duty. (People v. Maury (2003) 30 Cal.4th 342, 392, 133 Cal.Rptr.2d 561, 68 P.3d 1.) The right to effective assistance of counsel [citations] encompasses the right to retain counsel of one's choice. In a subsequent pleading, defendant argued the charges should be tried in eight different trials involving the following groups of victims: (1) Petersen and Elyas A. on August 5 and 8, 1985; (2) Okazaki and Yu, on March 17, 1985; (3) Zazzara and Chainarong K. on March 28 and July 19, 1985; (4) Higgins7 ; (5) Vincow on June 27, 1984; (6) Bell, Doi, Cannon, Whitney B., Nelson, and Kneiding on May 14 and 29, and July 2, 5, 7, and 19 of 1985; (7) Sophie D. on July 7, 1985; and (8) Carol K. on May 30, 1985. The jury reached its verdicts on the guilt phase of the trial on September 20, 1989. Police found a sliding glass door had been pried open. 2428, 153 L.Ed.2d 556, or Blakely v. Washington (2004) 542 U.S. 296, 124 S.Ct. To the extent defendant alleges violations of the International Covenant on Civil and Political Rights, which he alleges incorporates the Universal Declaration of Human Rights, his claim lacks merit, even assuming he has standing to invoke this covenant. Defendant argues that he was denied his rights to due process and to trial by a fair and impartial jury under the Sixth, Eighth, and Fourteenth Amendments to the federal Constitution because the trial court failed to conduct an adequate inquiry and declare a mistrial following the murder of a juror. Argued and Submitted June 30, 1980. In several instances, surviving witnesses testified that defendant demanded money or other items of value during the crime. 1237, 152 L.Ed.2d 291 (Mickens).) In any event, defendant does not explain how he would have been prejudiced even had the jurors disregarded the court's instructions and viewed media accounts of the juror's murder. Also Read: 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video). WebVincent and Maxine Zazzara Richard invaded the Zazzara home. In any event, the record does not support defendant's assertion that the trial court erred in this regard. I, 30, subd. The jury can, and must, be shielded from depictions that sensationalize an alleged crime, or are unnecessarily gruesome, but the jury cannot be shielded from an accurate depiction of the charged crimes that does not unnecessarily play upon the emotions of the jurors. Five persons linked to this address. Hypocrites one and all. WebWe met with several agents as we considered putting our house on the market, and Rachel was the clear, stand-out winner. In the present case, the determinate sentences were imposed for crimes that were committed separately from, or involved victims other than, the murders for which defendant was sentenced to death. After taking a few labored breaths, Mr. Doi stopped breathing and the firefighters tried to resuscitate him. The court informed the jury that Juror Singletary had apparently been killed by her boyfriend as a result of a personal matter between the two people and it had nothing to do with this case. You maggots made me sick. Sickeningly, it was then that Ramirez began to establish his signature attack style: shoot and kill the husband, then assault and stab the wife. He called her names and repeatedly asked where was her money, jewelry, and other property. I don't need to hear all of society's rationalizations. Mr. Ramirez, would you rise, please, take your glasses off and face my clerk. However, when Ramirez did come in and the alarm was pressed it didnt go off. He told her to be quiet, asked, Where is it? and then shot her in the face. WebPlease click on a location below to view an address and phone number. Defendant handcuffed the victim to the bed and fled. Weeks also pointed out that the process of eliminating duplicate names from the two lists was inaccurate, because only the exact last name and the first four letters of the first name were compared. A pentagram is A five-pointed figure formed by producing the sides of a pentagon both ways to their points of intersection, so as to form a five-pointed star Formerly used as a mystic symbol and credited with magical virtues. (11 Oxford English Dict. He continued to beat her, forcing her to swear upon Satan that she would not scream. Its headlights were on and the driver's side door was open. Bell was lying on the floor next to the bed in another bedroom with a table on her chest. the benefit of a reasonable doubt prior to today with regard to his attentiveness it now is quite clear that good cause exists to excuse him because of his sleeping.. Defendant requested a special instruction regarding sympathy: In the guilt phase of this case, you were instructed that you should not base your verdict on various irrelevant matters, including sympathy. Can you imagine the people caught me, not the police. Defendant laughed and then added: You think I'm crazy, but you don't know Satan. He hummed the song Night Prowler by the rock group AC/DC. Polo rang the doorbell and called out Vincents name, but received no response. The high court observed that the trial court was not obligated to investigate whether counsel's representation of multiple defendants created a conflict of interest, in the absence of an objection by the defendant, stating that nothing in our precedents suggests that the Sixth Amendment requires state courts themselves to initiate inquiries into the propriety of multiple representation in every case Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate an inquiry. (Id. According to Dr. Minter, therefore, the absolute disparity between the 14 percent of persons who appeared for jury service and identified themselves as Hispanic and the 16.3 percent of the population within the 20-mile radius who were Hispanics who were eligible for jury service was just 2.3 percent. Defendant unsuccessfully objected to a second photograph of the victim lying on the floor, arguing that it was irrelevant because the victim's body had been moved when it was examined and, thus, the photograph did not depict the scene as it was found by the investigators. (People v. Ewoldt (1994) 7 Cal.4th 380, 403, 27 Cal.Rptr.2d 646, 867 P.2d 757. ), In any event, we did not hold in Williams that the area within a 20-mile-radius area of the courthouse could not be used as the relevant community for this purpose. We will uphold the trial court's ruling on this question if it is supported by substantial evidence. At defendant's request, the court ordered that the brace be replaced by leg chains. She heard a muffled loud sound as she escaped and ran around to the front of the condominium complex where she saw defendant leaving the complex. A still photograph taken from a videotape of the lineup showed a police officer raising two fingers. On the morning of July 19, 1985, the bodies of Maxon and Lela Kneiding were discovered in their bed by their daughter, who had come looking for them after they failed to meet her at a restaurant for breakfast as planned. Legions of the night,[13 ] night breed, repeat not the errors of night prowler and show no mercy. The court instructed the jury that [t]he weighing of aggravating and mitigating circumstances does not mean a mere mechanical counting of factors on each side of an imaginary scale, or the arbitrary assignment of weights to any of them. Contrary to defendant's assertion, the trial court in the present case did not find that Daniel Hernandez and Arturo Hernandez were unqualified to be retained as counsel by defendant. (b).) 12. The weight to which such a circumstance is entitled and whether or not such conduct shows a consciousness of guilt are matters for your determination., The jury properly could infer that defendant's refusal to remove his sunglasses so that the witness could better identify him demonstrated a consciousness of guilt in the same manner as a defendant's refusal to provide a handwriting exemplar. I know that. Now, quite frankly, the photographs are unpleasant. ] (People v. Cornwell, supra, 37 Cal.4th 50, 105-106, 33 Cal.Rptr.3d 1, 117 P.3d 622. That is why-one of the reasons I gave them the day off. He ran out of the apartment and called the police. Citing our decision in People v. Hannon (1977) 19 Cal.3d 588, 138 Cal.Rptr. The high court held that the defendant was denied due process, concluding that it was a denial of due process of law to refuse the request for a change of venue, after the people of Calcasieu Parish had been exposed repeatedly and in depth to the spectacle of Rideau personally confessing in detail to the crimes with which he was later to be charged because the televised spectacle of the defendant confessing to the crimes rendered his subsequent trial but a hollow formality. (Id. Her husband, Christopher Petersen awoke and sat up and defendant shot him in the head, but he did not lose consciousness. And also there will be a coroner's photograph of Mrs. Zazzara. Weeks further stated that the Hispanic population had increased proportionately since 1980 and estimated that by 1987, the percentage of the population of the Central Judicial District that were Hispanics who qualified for jury service was actually 26.3 percent. After quoting the pertinent language from section 190.3, factor (a), as reflected in CALJIC No. As foreman I find it my responsibility to bring this to your attention., The court stated: This is the juror that we have noticed behaving as if he were dozing off from time to time. 191, 800 P.2d 547, this Court held that both Daniel Hernandez and Arturo Hernandez should properly have been discharged by the trial court as retained counsel on the defendant's motion based on their incompetence in a pending murder case. This does not accurately describe our decision in Ortiz. He handcuffed Sakina A. to a doorknob, threatening to return and kill her, her three-year-old son, and her infant child if she called the police. Counsel in Ortiz, Daniel Hernandez and Arturo Hernandez, are the same attorneys who represented defendant in this case. [Defense Counsel]: And you agree with the tactical decision that we made not to put on any evidence at this stage of the proceeding?