The evidence included testimony concerning defendant's discussion of his sexual fantasies with Richard Shoopman, various sadomasochistic and bondage magazines found in defendant's possession, and evidence [48 Cal. But defendant did not allege then, and does not now claim, that such an arrangement was feasible. ), and it also stated that "examination of the vehicle turned up additional evidence linking [defendant] with the crime." Defendant also claims other portions of the prosecutor's argument were misconduct: 1. (See Ross, supra, 487 U.S. at p. 88 [101 L.Ed.2d at p. 90, 108 S.Ct. 3. FN 17. 485, 423 P.2d 557]; People v. Sesslin (1968) 68 Cal. They drove [48 Cal. Rptr. The court's ruling was apparently based on those grounds. Use Escape keyboard button or the Close button to close the carousel. 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.". Having heard Norris confess to torturing and strangling Ledford, to hitting Lamp with a sap and helping to kill her with a hammer, and to assisting in the strangulation of Schaefer, the jury would be in little doubt about Norris's violent proclivities. Lynette told him, Ill scream if you stop hitting me., But Norris didnt stop. In any case, this remote sort of office gossip would fall within the statute as public rumor. 5 In explanation, defendant said that the book was part fact, based on what he had been told by Norris, and part fiction. There was an error deleting this problem. (North, at p. While in custody, defendant wrote a portion of a more or less fictional (depending upon whom you believe) account of the murders entitled "The Last Ride." Defendant drove to another place, said he wanted to rape Hall again, and again took her to a hill near the road. She responded with an unqualified "yes." 3d 865 [183 Cal. at p. The parties carried out their bargain, and Norris is presently serving a life sentence. Norris described the other photographs, which showed Hall nude in various poses. 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. Rptr. Caldwell v. Mississippi, supra, 472 U.S. 320, however, tells us that the sentencer must assume the full burden of deciding whether a defendant should live or die. But we did not endorse the prosecutor's arguments in Hendricks, Guzman or Boyde. 2d 497, did not address the propriety of the seizure of independent items of evidence during the examination of the instrumentality. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. Rptr. 2447].) The prosecution claimed that the background noise on the tape was the engine of defendant's van, and showed that defendant was driving the van, and thus present, while Norris tortured Ledford. Try again later. The prosecutor, attempting to rehabilitate her, could obtain only a statement that she would act impartially at the guilt phase. 3d 1111] of the errors was not prejudicial. 3. Budds declined to do so. He would just go out and do the same thing again." 833, 502 P.2d 1305, 57 A.L.R.3d 155], relied on Teale, supra, 70 Cal. He argues that because defendant's mental state was not in issue, Dr. Markman's testimony was irrelevant to any aggravating or mitigating factor in issue. Norris could not get the hanger tight enough, but defendant used pliers to tighten it and kill Schaefer. Rptr. Rptr. Failed to delete memorial. 3d 1095] and this incident was listed as an overt act in support of the charged conspiracy. He objects to the finding that Lamp was intentionally killed because she was a witness to a crime. While at one point she agreed that she could not fairly judge and evaluate the case, she later said she could decide it strictly from the evidence presented in court, ignoring the newspaper account. defendant said that kidnapping with bodily harm carried a sentence of life imprisonment without possibility of parole. FN 4. Family members linked to this person will appear here. If the prosecutor had exercised the two additional challenges, however, we would face a quite different situation, since the prosecutor did not claim that the court had erroneously denied any of his challenges for cause. We said in Hovey that "In a typical death-qualifying voir dire, the judge and the attorneys repeatedly instruct the jurors about the steps leading to the penalty trial and question each prospective juror, oftentimes at considerable length, concerning his or her attitudes about capital punishment. Thus, in the case of "mere evidence," probable cause must be examined in terms of cause to believe that the evidence sought will aid in a particular apprehension or conviction. But that argument does not help defendant, for once the officers were lawfully in the van, they were entitled to seize, without a [48 Cal. We omit those that are not of arguable merit, or which have been resolved by opinions filed subsequent to briefing. 306, 606 P.2d 341].) Laboratory examination showed sperm in her mouth, vagina and anus. Because even if Bittaker is executed in the gas chamber at San Quentin, that's quick and humane compared to what he did to these poor, tortured girls.". In People v. Tubby (1949) 34 Cal. This relationship is not possible based on lifespan dates. Although found in contempt of court, he refused to divulge their exact location, and a police search failed to find them. He took a clothes hanger, and looped it around her neck. The answer appears equivocal: it could mean she would automatically vote for death if the evidence pointed toward guilt with special circumstances, or it could mean she would automatically vote for death if the evidence pointed toward death as the appropriate penalty (although under the latter interpretation the word "automatically" has little meaning). Disqualification for cause must ultimately rest on the existence of preconceptions which will prevent a decision from being reached based on the evidence and the instructions of the court. Defendant suggests that these provisions required him to testify that defendant participated in the murders, even if that testimony were untrue. (See People v. Wheeler, supra, 22 Cal. 4. Norris said he had told Schaefer that she would not be killed, but defendant insisted on killing her so she could not identify them. Rptr. This list of exceptions to the per se rule of Carmichael, supra, 198 Cal. 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 .". If the only problem was the prosecutor's misstatement of the evidence -- his assertion that Norris's 1976 conviction was for rape by threat, when the record was silent on the point -- the matter could have been redressed by timely admonition. 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. FN 9. The jury, of course, already knew defendant had been convicted of a felony, because they had heard testimony how he and Norris met in prison. 399].) 637, 709 P.2d 440]. Are you sure that you want to delete this photo? 3d 263 [127 Cal. Please enter your email address and we will send you an email with a reset password code. As we have noted, one of defendant's photographs of Andrea Hall and six of Jacqueline Gilliam were identified and introduced into evidence. 7. 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.". 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. Defendant testified that after he and Norris picked up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs. 855, 659 P.2d 1144].). 3d 512. This attempt by the prosecutor to enhance his stature with the jury is arguably improper, but hardly prejudicial. 2d 497 [75 Cal. fn. 3d 904, 910 [176 Cal. We find, however, insufficient basis for reversal of the verdict. They drove to the mountains where he and Norris took the photographs and made a tape recording. FN 23. The affidavit, which said that defendant had been positively identified in a photographic lineup by rape victim Robin R. and contained a lengthy police report implicating defendant and his van, contained sufficient probable cause to arrest defendant. (P. Section 1076 provides that "[n]o person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to the jury, founded upon public rumor, or statements in public journals, circulars, or other literature, or common notoriety if upon his or her declaration, under oath or otherwise, it appears to the court that he or she can and will, notwithstanding that opinion, act impartially and [48 Cal. 135, 554 P.2d 881] quoted Tubby, supra, 34 Cal. 11. Defendant, however, is barred from raising this objection on appeal because he failed to object to the playing of the tape in the trial court. medianet_height = "90"; 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. 2d 229, 241 [23 Cal. 4 Dryburgh further testified that defendant told him of kidnapping and killing two girls on one occasion, but incorrectly identified Schaefer as one of the two. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. Learning that she was a virgin, he set up a tape recorder to record her cries during the rape. 8 that a complaint is a document which institutes a criminal proceeding, fn. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. (Pp. But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. And I made that type of ruling, and I've made that clear to the attorneys. 2d 694, 86 S. Ct. 1602, 10 A.L.R.3d 974]) warnings and without defendant's counsel being present. Bittaker and Norris abducted their final victim, 16-year-old Shirley Lynette Ledford, on October 31, 1979. Ledford was abducted as she stood outside a gas station, hitchhiking home from a Halloween party in the Sunland-Tujunga suburb of Los Angeles. 3d 162, and the CALJIC instruction which was based on Wiley, and instructed in the language of People v. Steger, supra, 16 Cal. Juror Weaver initially said that she would automatically return a verdict of life imprisonment; she later equivocated, and the judge denied the prosecutor's challenge for cause. Defendant and Norris had seen a gangster movie while in prison in which the villain killed his victims in this fashion. Weve updated the security on the site. There was a problem getting your location. (Italics added. I mean the aggravating circumstances on a scale, they're going to put the scale way down at the bottom. Most of the killings involved the rape and torture of the victims. [23] Late in the voir dire of the jury defense counsel objected that the prosecutor was exercising his challenges on a basis showing group bias. 1 Defendant then attempted to strangle Schaefer, but was unable to squeeze tightly enough. Arresting officers' compliance with section 844. DESPICABLE PAIR BOTH DEATH. We resolved to examine cases tried prior to Brown, such as the present case, "to determine whether, in context, the sentencer may have been misled to defendant's prejudice about the scope of its sentencing discretion under the 1978 law." So I can't just sit here and tell you." Judicial limitations on voir dire vary in scope and severity, and in their impact on the jury selection and the ultimate outcome of trial. Whether the identification/notice of authority requirement was fulfilled is less clear. He then strangled Hall until she died and threw the body over an embankment into some bushes. 3d 247, 267 [221 Cal. [32] The prosecutor offered considerable evidence, generally without objection or request for limiting instructions, which tended to show defendant's psychological disposition toward acts of violence and his interest in sexual torture. You're bound by law, you're bound as jurors to follow the law. 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. In Nye, supra, 71 Cal. 3d 1, 71-75 [168 Cal. Defendant, on the other hand, seldom talked to Shoopman about sex. Lucas, C. J., Mosk, J., Panelli, J., Eagleson, J., Kaufman, J., and Arguelles, J., concurred. Juror Mims was uncertain whether he could return a death verdict and told the judge, "If you ask me if I could kill somebody, I don't know. Then, towards the middle the sounds are of Bittaker beating her about the chest with his fists and tormenting the screaming and pleading girl with vise grip pliers on her genitals, breasts and nipples. (a)(18)), raising the question whether the acts of torture must be the cause of death. Lawfulness of search of impounded van. 2d 497, to uphold a seizure of the defendant's car, parked outside his apartment, although the defendant had been arrested inside his apartment. Six months after we filed People v. Steger, however, People v. Wiley (1976) 18 Cal. 12 After receiving no response from within the motel room, Officer Valento knocked two more times. 2d 89, 94-95 [17 Cal.Rptr. Next, defendant contends that the search of his motel room following his arrest was illegal. But when a defendant conceals evidence the prosecutor can argue the inference that the evidence was unfavorable to defendant. The prosecutor challenged for cause. Shirley Lynette Ledfordfamily tree Parents Unavailable Unavailable Wrong Shirley Lynette Ledford? They saw, however, a number of items in plain view which, they realized, might be evidence of other crimes they were investigating. The prosecutor's question concerning a letter to Shoopman. Following defendant's arrest, Officer Valento informed defendant that he was under arrest for robbery, rape, and "288." Defendant certainly had a right to attempt to show that Norris and Jackson had committed some of the crimes of which he was charged. "Now that takes some of the burden off of you. Rptr. 3d 1066] (At this point, according to Douglas, defendant tortured Gilliam. It would provide me with closure. 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. Defendant was caught by two other employees. App. He argues he was prejudiced by his absence (1) from a continuance hearing on the Friday prior to trial; (2) from an in-chambers conference where the trial court advised the district attorney and defense counsel that it would limit [48 Cal. medianet_height = "250"; Both North and Rogers appear to suggest that the permissible examination following a warrantless seizure of an instrumentality of a crime includes the search and seizure of independent items of evidence contained within the instrumentality itself. Norris and Bittaker were apprehended in November, after Norris told a friend about Lynettes murder, as well as 4 others he and Bittaker had committed in the previous few months; in those they had dumped the victims bodies in remote locations, so they had not yet been found. Rptr. You are only allowed to leave one flower per day for any given memorial. 317, 628 P.2d 869], which broadened the scope of voir dire to permit examination for peremptory challenge), a party was entitled to put questions which might expose a basis for a challenge for cause. The friend notified the authorities, and both monsters were arrested on November 20, 1979. Rptr. medianet_versionId = "3111299"; Murder of Shirley Lynette Ledford Tool Box Killers. Defendant objects to testimony concerning his attempt to abduct Jan Malin because he was not charged in this proceeding with any crime against Malin. After reading a list of the 11 statutory factors under section [48 Cal. Under these circumstances, we believe the trial court did not err in finding no prima facie showing of group bias. I thought you might like to see a memorial for Shirley Lynette Ledford I found on Findagrave.com. It had learned of defendant's prior conviction for assault with a deadly weapon, and Shoopman's prior conviction for murder. FN 16. In People v. Hill, supra, 12 Cal. Rptr. [13] Defendant claims that the judge acted precipitously in ordering McLaughlin to leave his chambers where the jury was being selected. Defendant contends that the search of Shoopman's cell and seizure of evidence was illegal because the affidavit supporting the warrant contained a reference to the contents of the Ledford tape. However, in North v. Superior Court, supra, 8 Cal. On another occasion she heard a tape, apparently the recording of the rape of Gilliam, which defendant played for her. 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. 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. Rptr. Rptr. 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. 2d 360, 388 [14 Cal. (Ibid.) As manager of this memorial you can add or update the memorial using the Edit button below. In view of these facts, we find no reasonable possibility that any error respecting the number of special circumstances affected the result. THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE SIGMOND BITTAKER, Defendant and Appellant, (Opinion by Broussard, J., expressing the unanimous view of the court.). [48 Cal. In People v. Brown, supra, 40 Cal. 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. (See People v. Harrison (1910) 13 Cal. Norris got out and pretended to be repairing it. At trial, defendant objected to the seizure of the tape from the van, but not to the subsequent "search" of the tape. If you have questions, please contact [emailprotected]. At closing argument the prosecutor suggested that the photographs and tapes may show scenes of torture or murder. She agreed. Rptr. Defendant returned to the van, aroused Lamp (who had been forced to take tranquilizers to keep her quiet), and as she stepped out of the van, struck her with a sledgehammer. 35. As Norris drove, he could hear screams coming from the back of the van. Shirley Lynette Ledford has succumbed the ultimate hell by being tortured by both Even under the rule of People v. Edwards (1912) 163 Cal. Rptr. 1454].) First, the judge cannot reserve voir dire for himself and exclude counsel. Defense counsel sought to impeach her by evidence that she had made false charges of sexual molestation against two other men. fn. The arrest warrant in fact specified forcible oral copulation, which is section 288a.) Before they could offer her a ride, a man in another car picked up Hall. Bittaker, however, had pleaded not guilty. This browser does not support getting your location. ", In Caldwell v. Mississippi, supra, 472 U.S. 320, the prosecutor argued to the jury that theirs was not the final decision as to life or death, but that the case would be reviewed by an appellate court. But again I really don't think that it's going to be that close in this case. fn. [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. App. Malin screamed, and people started to come out of the houses nearby. 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. Therefore, on December 27, Judge Woolpert of the San Luis Obispo Superior Court executed a warrant authorizing the search of Shoopman's cell in the California Men's Colony for letters or photographs sent to Shoopman from defendant or Norris. As explained in the latter case, "[t]he argument addresses the minds of the jury to the deterrence of designated 'potential killers' rather than the penalty to be adjudged to the defendants. Most of the other items seized were not offered into evidence, and their seizure did not prejudice defendant. In his room police discovered seven bottles of various acids, which Norris said defendant planned to test on his next victim. 168.) Rptr. Norris was required to testify truthfully. When Norris finished torturing Ledford, defendant told him to kill her. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. (See People v. Robertson (1982) 33 Cal. The "search" (listening) of the Ledford tape. That's true." (d) Consistency to preclude reversal on appeal. You already receive all suggested Justia Opinion Summary Newsletters. Any juror sitting in a case such as this would properly expect the issues and evidence to have an emotional impact. 3d 1072] admittance. (Hill, supra, 12 Cal.3d at p. The conference at which the court made its ruling was unreported. 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. Both cases appear distinguishable. Defendant claims this argument is improper under People v. Boyd (1985) 38 Cal. (P. The prosecutor asked, "in fact, Mr. Bittaker, Mr. Norris was afraid of you, isn't that true?" 3d 815, 832), and the grant of additional peremptory challenges would seem to be such a remedy. fn. Under People v. Beagle (1972) 6 Cal. "When you look at Lynette Ledford, it's showing this progression of sadism and how worse they're getting with each and every murder," Laura Brand, a criminologist, says in"The Toolbox Killer," a special streaming on Peacock on Thursday, September 23 and airing on Oxygen on Sunday, October 3 at 7/6c. Defendant drove to a secluded area, stopped, and drew a knife. Section 1531 provides in pertinent part: "The officer may break open any outer or inner door or window of a house or anything therein, to execute the [search] warrant, if, after notice of his authority and purpose, he is refused admittance. Ledford was their final victim. There are no volunteers for this cemetery. When Norris returned, they drove to a new location. 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. Link your TV provider to stream full episodes and live TV. The Attorney General's brief alleges that Budds visited defendant some time after defendant's conversation with the reporter, but the record does not give any dates or sequence of events. Since we have determined that the tape was properly seized, and defendant failed to object to the playing of the tape, the issue does not warrant further discussion. Ironically, despite defendant's many crimes he was actually arrested for one which he may not have committed. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. The Fourth Amendment to the United States Constitution and the identically worded article I, section 13 of the California Constitution, both simply provide that: " a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. Because defendant failed to object, the prosecution did not attempt to justify the search, with the result that the record on appeal is insufficient to resolve the issue of its validity. (P. 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. Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." 19 [48 Cal. 2d 679, 687 [284 P.2d 481] [marital privilege]; People v. Lathrom (1961) 192 Cal. 309-310; Bloyd, supra, at p. fn. Defendant told Douglas that he tortured Ledford by pulling on her genitals and breasts with a vise grip. In the absence of any reference to parole, pardon, commutation, or the like, we do not think the prosecutor's comment can be considered misconduct. 2d 564, 91 S.Ct. based on information from your browser. We therefore find no error in the ruling. [14a] Concerned about the implications of our discussion in Hovey v. Superior Court (1980) 28 Cal. 464-473), only four members of the court [48 Cal. All statutory references are to the Penal Code unless otherwise stated. Officer Valento, who recognized defendant, stated that defendant was under arrest, and grabbed his arm through the open window. So that I wouldn't be listening wholly to the evidence.". Some of these photographs came into possession of defense counsel, who turned them over to the police, and they were admitted into evidence. 3d 1073], All that is lacking by way of full compliance with section 844 is an announcement of the officer's purpose. [48 Cal. One older case, People v. Freeman (1891) 92 Cal. It was not, however, permitted to ask questions relating to views on capital punishment. Rptr. 2d 503, 536-540, condemn such argument. 3d 739, 768; People v. Linden, supra, 52 Cal. 128, 616 P.2d 1301], where we explained how the death-qualifying process can bias the jury, the trial court here decided to limit that process as much as possible. He told defendant, and they agreed that thereafter they would act together in all their criminal activities. The two men became friends, and frequently discussed their mutual interest in rape, and analyzed methods of abducting and raping women without getting caught. She never made it Defendant "stated that in submission to authority only he would let him see it and for the limited purpose of correcting it and that it not be disclosed to anyone or used by anyone for any purpose." 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. granted (1989) ___ U.S. ___ [104 L. Ed. At the beginning of the tape, the sounds one hears are of Bittaker slapping her. 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." 1976 ) 18 Cal room police discovered seven bottles of various acids, which showed Hall nude in various.. To this person will appear here Lathrom ( 1961 ) 192 Cal defendant also claims other portions of the.... Examination of the 11 statutory factors under section [ 48 Cal with section is. Attempted to strangle Schaefer, but hardly prejudicial be that close in fashion. Marital privilege ] ; People v. Brown, supra, 40 Cal v. 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Were not offered into evidence. `` they agreed that thereafter they would act impartially at guilt! 'S question concerning a letter to Shoopman about sex again, and People to... Wholly to the per se rule of Carmichael, supra, 487 U.S. p.! Email with a reset password code no reasonable possibility that any error respecting the number of special circumstances the. I ca n't just sit here and tell you. be listening wholly to finding. Defendant objects to testimony concerning his attempt to abduct Jan Malin because he was charged See Ross supra... 1910 ) 13 Cal are to the evidence was unfavorable to defendant to his. Of special circumstances affected the result close the carousel in her mouth, and! The conference at which the villain killed his victims in this case defendant contends the. For her seized in violation of the tape, the judge can not reserve dire. She would act together in all their criminal activities a knife 464-473 ), the... 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