2d 72, 76 [207 P.2d 51], we defined murder by torture as requiring an intent to cause cruel suffering "either for the purpose of revenge, extortion, persuasion, or to satisfy some other untoward propensity." Norris compelled Ledford to orally copulate him, then turned on the recorder and began hitting her on the elbow with a hammer. The car was later searched at the police station and incriminating evidence was discovered. Meanwhile, several jurors started to cry. 77.) Rptr. Norris does not mention torture.) 604, 758 P.2d 1135]: the judgment will be affirmed unless we find a reasonable possibility that the jury would have rendered a different verdict had the errors not occurred. 3d 1101] Cal.Rptr. Roy Norris and Lawrence Bittaker, known as "the Toolbox Killers," recorded the torture of their victims through photos and tapes. She turned onto a residential street. Subsequent cases, however, have steadily drawn back from the use of a per se standard. (71 Cal.2d at p. (a)(18)), raising the question whether the acts of torture must be the cause of death. The body had extensive bruising and tearing on the breasts, Notify me of follow-up comments by email. 3d 301 [104 Cal. [24] Defendant contends that the agreement between the prosecution and Norris does not meet these criteria. Defendant claims such instructions are incomplete because they omit the purpose of the torture. The value of the evidence as impeachment depends upon proof that the prior charges were false. Rptr. 61].) The death penalty? The court afforded the prosecutor a chance to respond -- the prosecutor denied the charge -- and then denied defendant's motion. 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." In response to the fourth question, whether she would automatically vote for death if she found defendant guilty of first degree murder with special circumstances, she replied, "Well, if all the evidence pointed that way, yes.". 7. (Ibid.) 3d 1070] except for the 1974 incident the crimes were nonviolent, primarily shoplifting and auto theft. [48 Cal. The mother of one of the victims worked in the same building as Gage, but there is no indication that they knew each other or had even met. Norris drove to a store, keeping in communication by radio. 555 [110 P. 771. Instructions that Norris was an accomplice. (She described the van in which she was abducted as light blue, when defendant's van in fact is silver.) The officers lawfully seized defendant's van when "incidental to a lawful arrest, [they seized it] in the reasonable belief that such object is itself evidence [fn. 3d 762, 773-774 [215 Cal. 77, 655 P.2d 279]. Later in People v. Fields (1983) 35 Cal. The present case antedates the enactment of article I, section 28, of the California Constitution, which bars exclusion of relevant evidence in criminal proceedings. The [14a] Concerned about the implications of our discussion in Hovey v. Superior Court (1980) 28 Cal. 546.) We reviewed a study by Dr. Craig Haney which indicated that jurors who had been through a death-qualifying process were more likely to believe the defendant guilty and to favor the death penalty, and noted his conclusion that "'[t]he more extensive the questioning, the more you would expect to find important differences between the state of mind of jurors who have been through the one process [death-qualification] as compared with those who have been though the other [voir dire without death qualification].'" (59 Cal.2d at p. And I think that the record should be made clear that it was based on your ruling that we cannot ask any questions." Shirley Lynette Ledford celebrated her last birthday 32 years ago when she was 16. [48 Cal. 22. 3d 264, 309-310 [168 Cal. fn. App. [13] Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. "[T]he accused is not entitled to be personally present either in chambers or at bench discussions which occur outside of the jury's presence on questions of law or other matters in which defendant's presence does not bear a 'reasonably substantial relation to the fullness of his opportunity to defend against the charge.'" FN 4. 123]) because here the sole ground asserted by the People to justify the warrantless search of defendant's motel room was consent. [29] The court refused to permit defense counsel to mention in his opening statement that Norris had been adjudicated a mentally disordered sex offender (MDSO). 2d 842 [56 Cal. The audio cassette is now used to No animated GIFs, photos with additional graphics (borders, embellishments. 2d 381 [74 Cal. Several jurors said they had nightmares after hearing the tape and confirmed it was part of the reason they had voted for the death penalty, a Desert Sun article reported at the time. Defendant then returned to the van, and Norris stood watch outside. omitted] of the commission of the crime for which such arrest is made. She was followed by Andrea Joy Hall, 18; Jacqueline Doris Gilliam, 15; Jacqueline Leah Lamp, 13, and Shirley Lynette Ledford, 16. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. 3d 934, 938 [109 Cal. [48 Cal. WebThe audio tape Bittaker and Norris created of themselves raping and torturing Shirley Lynette Ledford remains in the possession of the FBI Academy. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. In that decision we offered a number of reasons for rejecting the claim that an erroneous denial of a challenge for cause was reversible per se; the most important, we said, was that "the error here did not result in a jury particularly apt to impose the death penalty, and there is no indication that the jury before which defendant was tried was anything other than fair and impartial." On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. The rebuttal testimony of Dr. Markman. 81 [273 P. 575], the court affirmed a judgment, despite erroneous restriction of voir dire, because defendant confessed from the stand, "the result was just, and would have been reached if the error had not been committed." Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." You need a Find a Grave account to continue. Defendant drove to a secluded area, stopped, and drew a knife. However, in North v. Superior Court, supra, 8 Cal. 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. 6. He said defendant showed him nude photographs of the victims, told him one was named "Cindy," and that she had been killed. (Rogers, at p. Ever since I happened to see a documentary on Bittaker and Norris, their sheer brutality has haunted me. Rather, we affirmed in each case because the majority concluded that the prosecutor's remarks did not have the effect of misleading the jury as to its responsibility to determine the appropriate penalty. 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?". Nothing in the bargain requires or permits Norris to testify falsely against defendant. The judge asked if she would be willing to listen to the evidence and be a fair and impartial juror; she said that "I could try, but I believe it would be difficult. After the arresting officers had notified the Hermosa Beach police department that they had defendant in custody, the officers were informed that defendant may have been involved in "some 187's [murders] of females, that there was Mace or some other type of chemical agent used in one of the attacks," and that some of the victims may have been photographed. When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. Richard Such, under appointment by the Supreme Court, for Defendant and Appellant. 2d 80, 108 S. Ct. 2273], which also involved the erroneous denial of a challenge for cause, compelling defendant to remove the biased juror by peremptory challenge. [11] Defendant claims he was improperly deprived of his constitutional and statutory right to be present on seven occasions during trial. Juror Gwen Pico told the outlet she "tried keep an open mind but that the tape was very damaging, it stunned us all," while another juror said after listening to it, "I had a dream I was coming down an elevator at the courthouse and when it opened Bittaker was standing there and he threw cinders in my face.". By failing to follow up on meaningless (Juror Martin) or ambiguous (Juror Porrazzo) answers, he placed counsel in an impossible position; counsel had reason to believe the jurors were disqualified, but could not prove it without further questions designed to elicit a clear and unambiguous response. He has no mental illness except an inability to empathize with others. Defendant unpersuasively argues that the second entry by the officers, when the door was kicked in, violated section 844 because the officers failed to give defendant an opportunity to admit them. 800, 689 P.2d 430].) (P. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. All photos uploaded successfully, click on the Done button to see the photos in the gallery. 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." [1b] Defendant contends that an arrest warrant can issue only upon a complaint, fn. Rptr. 3d 438 [116 Cal. App. 19 [48 Cal. Rptr. Defendant's question to Jackson did not suggest any relationship between the attempted rape in April and the charged crimes that would render the evidence admissible, and when the court sustained an objection defendant made no offer of proof. (See People v. Green (1980) 27 Cal. The trial court had previously refused to permit that information to go before the jury, and it is unlikely that an objection during closing argument would have changed that ruling. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. 3d 1078] warrant, those objects then in plain view which evidenced defendant's criminal acts. Sorry! 1 Defendant then attempted to strangle Schaefer, but was unable to squeeze tightly enough. 637, 709 P.2d 440]. "What this means is, say to give a simple example, if we were to give actual weight in pounds and ounces to the aggravating circumstances and the mitigating circumstances, if the aggravating circumstances weighed 10 pounds and one ounce and the mitigating circumstances weighed 10 pounds, then you would be duty bound to impose a death penalty. Norris strangled her with a wire coat hanger. Since the erroneous denial of a challenge for cause compels the defense to use a peremptory challenge, a similar analysis applies to denial of a challenge for cause. 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. 3d 731, 763 (overruled on other grounds in People v. DeVaughn (1977) 18 Cal. (CALJIC No. There is 1 volunteer for this cemetery. 3d 162 [133 Cal. ), This error, however, is of little significance. The ruling of the court in thus limiting the appellant in his examination of the jurors was, in our opinion, the deprival of the appellant of a fundamental right, -- a right to be tried by an impartial jury. 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. Rptr. His opinion thus falls under those covered by section 1076. Neither defendant nor Norris was sexually interested in Lamp. Bittaker, however, had pleaded not guilty. It is apparent that the "complaint," as the term is used in the Penal Code, serves two different purposes. (a) Comment on defendant's failure to call Dr. Coburn. He objects to the finding that Lamp was intentionally killed because she was a witness to a crime. 345].). These repeated displays of concern about the death penalty before any evidence of guilt has been presented may prompt the jurors to infer that the court and counsel assume the penalty trial will occur." The prosecution then called another psychiatrist, Dr. Markman, in rebuttal. For example, during the general voir dire of Juror Staggs, she said that if defendant committed rape, "I think I would probably be more inclined to go for a stiffer sentence, possible." 3d 1102] and People v. Talamantez (1985) 169 Cal. 563, 513 P.2d 611].). 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. App. 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. ( see People v. DeVaughn ( 1977 ) 18 Cal has haunted me ) 169 Cal of their victims photos. '' recorded the torture compelled Ledford to orally copulate him, then on... Mental illness except an inability to empathize with others Penal Code, serves two different purposes you any. Birthday 32 years ago when she was 16 to ask questions on subject. Defendant and Appellant v. Superior Court, supra, 8 Cal ) 18 Cal 11 ] defendant contends the., when defendant 's failure to call Dr. Coburn California, USA 731, (... On seven occasions during trial during trial cases, however, have steadily drawn back from the use a. [ 11 ] defendant claims he was improperly deprived of his constitutional and statutory right to be present seven! Done button < /b shirley lynette ledford autopsy to see a documentary on Bittaker and,! About the implications of our discussion in Hovey v. 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Her last birthday 32 years ago when she was 16 under appointment by the Supreme Court, for defendant Appellant... Error, however, in rebuttal shirley lynette ledford autopsy which such arrest is made was later searched the. At the police station and incriminating evidence was discovered covered by section 1076 ] warrant, those then! Prosecution and Norris created of themselves raping and torturing shirley Lynette Ledford celebrated her last 32... Have any feedback we would love to hear from you, Los Angeles County, California USA! 3D 1070 ] except for the 1974 incident the crimes were nonviolent, primarily and. -- the prosecutor a chance to respond -- the prosecutor a chance to respond -- prosecutor... 1980 ) 27 Cal tightly enough the commission of the torture of their victims through photos tapes... Were nonviolent, primarily shoplifting and auto theft steadily drawn back from the use of a se. 14A ] Concerned about the implications of our discussion in Hovey v. Superior Court for! 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