FN 31. 3d 1097]. Defendant choked Lamp while Norris struck her with the hammer until she was dead. Despite finding 20 multiple-murder special circumstances, the jury was aware at all times that there were 5, not 20, murders. People v. Barrett (1929) 207 Cal. fn. [24] Defendant contends that the agreement between the prosecution and Norris does not meet these criteria. 82]; People v. Richardson (1960) 182 Cal. Shirley Ledford's body was discovered shortly after she was killed. He continued: "Has he earned the death penalty for the barbaric and callous nature of his crimes which has shocked the public conscience and greatly affected all of us? 3d 1091] This feeling apparently stemmed from having a 15-year-old daughter, and the number and the nature of the charges. The officers reasonably assumed that defendant had access to a weapon, because the offenses charged in the warrant involved the use of a weapon, previously Officer Valento contacted defendant concerning a report that he had exhibited a firearm during a strike at his place of employment and found that defendant had a replica gun but had live ammunition as well, and the officers had received information that defendant might have some sort of chemical, Mace, or tear gas. Defendant turned on his tape recorder. fn. In Teale, Federal Bureau of Investigation officers arrested defendant in his car and thereupon seized, locked and stored the car until California authorities were able to examine it 10 days later. Ill be Looking forward to seeing you. (CALJIC No. The prosecution requested two additional challenges also, to which the court agreed. 3d 1067] when Norris said they were killed. On another occasion she heard a tape, apparently the recording of the rape of Gilliam, which defendant played for her. 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. The arrest warrant in fact specified forcible oral copulation, which is section 288a.) over 130). 3d 1090] fairly and impartially judge and evaluate such a situation?" Further, in People v. Rogers (1978) 21 Cal. Larry Bittakers celebrating his 71st birthday this year 30 years after a jury Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. 3d 1092] facie showing of group bias, thus shifting to the prosecutor the burden to justify his challenges. 123]) because here the sole ground asserted by the People to justify the warrantless search of defendant's motel room was consent. (People v. Wheeler, supra, 22 Cal. But when a defendant conceals evidence the prosecutor can argue the inference that the evidence was unfavorable to defendant. Defendant contends that both his arrest and the subsequent searches and seizures were illegal. Neither permitted a court to prohibit voir dire of jurors who gave equivocal answers. (People v. Lines (1975) 13 Cal. 3d 1105] rape was not forcible went beyond the evidence. He described defendant's lengthy criminal career dating from adolescence, but noted that [48 Cal. We will review the memorials and decide if they should be merged. Section 1101, subdivision (a), however, prohibits the use of prior specific conduct only "when offered to prove [defendant's] conduct on a specified occasion." He maintains that he did not receive proper notice of Dr. Markman's testimony, as would be required if the prosecution presented that testimony in its case-in-chief. 2d 690, 87 S. Ct. (See People v. Redmond (1981) 29 Cal. Defendant's case is distinguishable from the cases upon which he relies (People v. Rios (1976) 16 Cal. 85.) Quickly see who the memorial is for and when they lived and died and where they are buried. The sponsor of a memorial may add an additional. The trial court's ruling did not bar the defense from presenting evidence of Norris's sexual proclivities -- if any was needed after Norris's testimony. 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. 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. (40 Cal.3d at p. 544, fn. 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. Rptr. 2d 782, 87 S. Ct. 1642], and People v. Hill, supra, 12 Cal. Defendant's attorney had just learned that Lloyd Douglas would be a witness against defendant, and asked for additional time in which to investigate Douglas. (See also People v. Guzman (1988) 45 Cal. This browser does not support getting your location. Since that classification is a technical one, which would have to be explained to the jury, and when explained would add little to the case, we believe the trial court's ruling was within its discretion. 3d 542 [146 Cal. Any process which can yield a conclusion that aggravating considerations prevail by 50.1 percent to 49.9 percentage is clearly not the kind of qualitative moral assessment required by our decisions. Defendant kidnapped and murdered five teenage girls, raped four of them, and tortured at least one. (See People v. Green (1980) 27 Cal. Rptr. 3d 1106] Ketchel, supra, 59 Cal. We concluded, "[t]his proposition implies a corollary: 'the extent to which [these effects] are minimal will be a function of the extent to which the questioning is minimized.'" 3d 889, 896 [135 Cal. 3d 762, 773-774 [215 Cal. Are you adding a grave photo that will fulfill this request? ", 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. The misconduct, however, could have been cured by timely objection and admonition. Rptr. At trial, confronted with the tape, Bittaker actually had the audacity to claim that it was just a threesome, and pointed out that Lynette had asked them to kill her. Within 5 minutes of Shirley Lynette entering the van Bittaker drove the van to the silent place, then Shirley was thrown to the back side of the van. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. Rptr. We have already examined the penalty phase errors, and concluded that each was not prejudicial. Sign up forOxygen Insiderfor all the best true crime content. The prosecutor, attempting to rehabilitate her, could obtain only a statement that she would act impartially at the guilt phase. The prosecutor's comment, however, is clearly improper for another reason. Defendant then returned to the van. The legal principles, established in the cases discussed earlier, are clear: if Norris testified fully and truthfully, he is entitled to the benefit of his bargain; if not, the district attorney has discretion to revoke the bargain. 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. Defendant then signed it "Pliers Bittaker," a jail nickname he had acquired from his stories of torturing women with pliers. 306.) 172-173) and endorsed a jury instruction which required that defendant "commit such act or acts with the intent to cause cruel pain and suffering for the purpose of revenge, extortion, persuasion or for any other sadistic purpose." 2d 89, 94-95 [17 Cal.Rptr. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. "Now obviously I don't think in this case that it's even close. FN 2. After the girls entered the van, Norris hit Lamp with a sap (a plastic bag filled with lead weights), then subdued and tied Gilliam. The book, entitled "The Last Ride," contained a detailed account of the murder of Lucinda Schaefer by Norris and the author. 892], the record here suggests grounds upon which the prosecutor might reasonably have challenged the five Black jurors he excused. 3d 731, 763 (overruled on other grounds in People v. DeVaughn (1977) 18 Cal. 22. The trial court upheld an objection under Evidence Code section 352. 563, 513 P.2d 611].). 2d 229, 241 [23 Cal. During a 5-month span in 1979they prowled Los Angeles County, kidnapping hitchhikers, raping them, and then torturing them with instruments in their "toolbox." Try again. Try again later. Brand's interviews with Bittaker during his final years in prison are the basis of the special. There are no volunteers for this cemetery. Include gps location with grave photos where possible. Because it was equivocal, the judge did not err in finding it insufficient to require her dismissal for cause. According to Norris, it impressed defendant as an instantaneous, quiet, and relatively painless way of killing, but as defendant said, in reality it was not that easy. Year should not be greater than current year. FN 24. Gary Louie, the victim of defendant's 1974 assault, testified at the penalty trial. 547.). After a 50-year gap in which we have found no reported cases, this court again addressed the subject in People v. Williams, supra, 29 Cal. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. Under the circumstances of this case, however, there is no significant danger that the jury would impute Norris's admitted guilt to defendant. Defendant testified that none of the victims was restrained involuntarily in his presence. We find, however, insufficient basis for reversal of the verdict. Defendant was paroled in November of 1978 and rented a room at the Scott Motel in Burbank; Norris was paroled in January of 1979. Rptr. Following defendant's arrest, Officer Valento informed defendant that he was under arrest for robbery, rape, and "288." They saw, however, a number of items in plain view which, they realized, might be evidence of other crimes they were investigating. Juror Hein formed an opinion of the case based on reading newspaper accounts. He was eligible for parole in 2010, but he died in prison on February 24 of this year, age 72. 833, 502 P.2d 1305, 57 A.L.R.3d 155], relied on Teale, supra, 70 Cal. 8 that a complaint is a document which institutes a criminal proceeding, fn. 7. [48 Cal. Under People v. Beagle (1972) 6 Cal. Defendant also told Lambert of his abduction of two girls on one occasion, and of another girl on Halloween night (when Ledford was murdered). Rptr. As we have noted, one of defendant's photographs of Andrea Hall and six of Jacqueline Gilliam were identified and introduced into evidence. (b) Tapes, photographs, and other physical evidence. The prosecutor's question concerning a letter to Shoopman. App. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. 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." Rptr. 3d 1094]. 3d 441 [99 Cal. In closing argument the prosecutor remarked, "And you didn't see Dr. Coburn testify here. Rptr. Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." [46] The prosecutor properly argued that the death penalty was appropriate for each of the murders. 359, 365-366 [28 P. 261], so holds. (People v. Hill (1967) 66 Cal. Under this language, it is clear that if a jury actually found a 50.1 to 49.9 percent balance in favor of aggravation, it could properly refuse to impose a [48 Cal. On September 30, they saw Jan Malin park her car in an apartment garage, and return to the garage entrance to close the garage door. But if he can [48 Cal. We therefore find no error in the ruling. The provision in the agreement providing for judicial review to determine whether the district attorney abused his discretion is troubling. 534, 547 [246 P. 62], which appeared to find improper limitation on voir dire reversible per se. 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. Defense counsel interpreted that answer as an automatic vote for death; the court interpreted it differently. https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford. 2d 1, 22 [338 P.2d 397]: "Where a prospective juror gives conflicting answers to questions relevant to his impartiality, the trial court's determination as to his state of mind is binding upon an appellate court [citations]." But when defendant appeared at the window, an announcement of purpose before arresting him would have been hazardous. With respect to the other issues, since defendant failed to object, we must consider whether the harm could have been cured by a timely admonition. They then drove to a remote area, and started to torture her, Bittaker immediately turned on the tape recorder and started slapping and beating Shirley. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. 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. 4. You have chosen this person to be their own family member. [47] The trial court instructed the penalty jury in the language of the 1978 death penalty law. Conversely, Officer Valento testified that he "didn't announce [his] presence at all when [he was] knocking.". Defendant's motion to suppress the seized evidence under Penal Code section 1538.5 was denied by the trial court. (Pp. Learn more about merges. The defense did not call Dr. Coburn as a witness. 3d 1064] time to pray before they did; Norris, however, assured her that she would not be killed. Defendant concedes here that the objection was untimely to the extent it was based on a theory that defendant submitted to authority and did not voluntarily consent to the seizure of the manuscript. Rptr. Bittaker and Norris could be heard commanding Ledford perform sexual acts as she was tortured, the outlet reported. Most of the killings involved the rape and torture of the victims. 603, 618 P.2d 149]; People v. Bloyd (1987) 43 Cal. [3b] The notice requirements of section 844 provide that before breaking into a home to effect an arrest, a police officer must identify himself, announce his purpose and demand entry. The trial court acted properly in denying this challenge for cause. The court afforded the prosecutor a chance to respond -- the prosecutor denied the charge -- and then denied defendant's motion. 534, 547), that standard should not apply if the potential for bias relates only to a particular doctrine of law." When he returned, defendant was alone. But defendant did not allege then, and does not now claim, that such an arrangement was feasible. If they do "then you would be duty bound to impose a death verdict." 3d 1081]. 3d 826, 834 [164 Cal.Rptr. 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. Officer Valento explained this to [48 Cal. When Schaefer walked by, he grabbed her and dragged her into the van. And I think that the record should be made clear that it was based on your ruling that we cannot ask any questions." 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 .". He is currently incarcerated at Richard J. Donovan Correctional Facility. Of the convictions brought before the jury, only Douglas's conviction for burglary would meet that test. [43] Defendant argues that since Dr. Coburn examined him at counsel's request, Dr. Coburn's opinions were protected by the attorney-client privilege. Searches pursuant to a warrant of defendant's van, storage boxes, and jail cell. If you have questions, please contact [emailprotected]. After the officers were stationed at all of defendant's windows, Officer Valento knocked on the door of defendant's motel room. 2d 679, 687 [284 P.2d 481] [marital privilege]; People v. Lathrom (1961) 192 Cal. He testified that he and Norris picked up Andrea Hall when she was hitchhiking, and offered her $200 for sex and photographs, to which she agreed. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! You can always change this later in your Account settings. 133], the Court of Appeal held that a plea bargain was invalid if it required the witness to testify to a particular version of the facts, and that testimony given pursuant to that bargain was tainted. 3d 410 [153 Cal. Malin screamed, and people started to come out of the houses nearby. (46 Cal.3d at p. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. He then strangled Hall until she died and threw the body over an embankment into some bushes. (We express no opinion as to whether the evidence might also be admissible to prove identity under Evidence Code section 1101.). But even though the evidence of that offense was not before the jury, it was improper for the prosecutor to lead the jury to believe that Norris had no history of violent rape when the prosecutor knew that to be untrue. DESPICABLE PAIR BOTH DEATH. The next morning defendant took Lamp up a hill, took some photographs, and left her there. 3d 136 [207 Cal. Rptr. Defendant claims this argument is improper under People v. Boyd (1985) 38 Cal. The court overruled defendant's objection. He then pushed the ice pick through Gilliam's ear; she screamed and fell dead. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [48 Cal. One might infer lack of intent from the fact that the prosecutor did not introduce evidence to prove the content of the destroyed letter, but one can readily imagine that by the time he could offer rebuttal evidence the prosecutor might have concluded that such additional evidence was unnecessary. 2d 410, 100 S. Ct. 2395] [warrant required to view films lawfully in possession of Federal Bureau of Investigation].) Norris testified for the prosecution pursuant to a plea bargain under which he pled guilty to five murders and received a sentence of forty-five years to life. 2d 72, with approval (18 Cal.3d at pp. 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.". She died on November 1, 1979 in Los Angeles, California United States at 16 years old. 3d 572, 584 [189 Cal. (See People v. Manson (1977) 71 Cal. Defendant set out to rape Gilliam. 2d 536, 555 [58 Cal. 3d 461 [199 Cal.Rptr. fn. fn. 3d 1095] and this incident was listed as an overt act in support of the charged conspiracy. She was also hit with a sledgehammer and her genitals and rectum were viciously torn with pliers, which is how Bittaker and Norris earned the nickname of the Tool Box Killers. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. The judge also excused several jurors whose responses suggested an automatic vote for a life sentence, without questions to probe whether the juror was really disqualified. By Oct. 31, 1979, Lawrence Bittaker and Roy Norris the so-called Toolbox Killers had already killed four women. Heta poddar Populra shower idag. They put Ledford's body in a bed of ivy in a suburban neighborhood, where it was discovered by an early morning jogger. (a)(18)), raising the question whether the acts of torture must be the cause of death. Norris described the other photographs, which showed Hall nude in various poses. Friends and family testified that they had never been seen after the date [48 Cal. He would just go out and do the same thing again." fn. [48 Cal. 442], defendant, an attorney, was accused of defrauding a senile client. Norris and the prosecution entered into an agreement, under which Norris would face neither the death penalty nor a penalty of life without possibility of parole, but would be sentenced at most to life imprisonment with parole possible. Your Scrapbook is currently empty. Lamp's skull showed the effect of the hammer blows. We explained in a footnote that Steger did not define all the elements of murder by torture, but was concerned only with establishing that the act of torture must be premeditated. cemeteries found within miles of your location will be saved to your photo volunteer list. We therefore turn to an analysis of the jurors in question, bearing in mind that in view of defendant's two additional challenges, it is necessary for him to show erroneous rulings affecting three jurors to prove prejudice. 2d 503, 536-540, condemn such argument. 3d 301. Defendant's argument mistakenly assumes that his consent was essential to the validity of the seizure of the manuscript. [3a] [4a] Defendant argues that during his arrest the police failed to comply with sections 844 and 1531 because they failed to identify themselves as police officers or to explain the purpose of their demand for [48 Cal. [O]ne of the questions I do remember was about listening to gruesome testimony. Roy Norris and Lawrence Bittaker, known as "the Toolbox Killers," recorded the torture of their victims through photos and tapes. Rptr. 3d 1075] pistol, and chemicals. 6. 5. (She described the van in which she was abducted as light blue, when defendant's van in fact is silver.) Norris could not get the hanger tight enough, but defendant used pliers to tighten it and kill Schaefer. App. Are you sure that you want to delete this photo? App. The bodies of Lucinda Schaefer and Andrea Hall were never found. 3d 392, 412, and declared that "[a]lthough in many contexts a procedure depriving defendant of the right to secure an impartial jury necessarily dictates reversal (see, e.g., People v. Wheeler [48 Cal. Sign up for our free summaries and get the latest delivered directly to you. 2d 497, and North v. Superior Court, supra, 8 Cal. Norris testified against Bittaker after pleading guilty to all charges in exchange for prosecutors not seeking the death penalty against him. To view it, confirm your age. If you take somebody's life, willfully take somebody's life, that you give up your own." 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. The prosecution then called another psychiatrist, Dr. Markman, in rebuttal. She agreed. Rptr. 2d 360, 388 [14 Cal. We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. This page may contain sensitive or adult content that's not for everyone. Questions and comment on defendant concealing evidence. 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. He correctly identified a photograph of Gilliam. We affirm the conviction and sentence. 19 [48 Cal. And I've also indicated to both attorneys that as to those things, that those would be the questions that I would ask. Nothing has made me react like this before. After one to two hours, defendant turned off the recorder and changed places with Norris. The right to voir dire, like the right to peremptory challenge at issue in Coleman, supra, 46 Cal. Drag images here or select from your computer for Shirley Lynette Ledford memorial. The photographs of the victims and the shocking tape recording of the torture of the last victim could not help but impress a jury. 3d 904, 910 [176 Cal. fn. Rptr. Whether the identification/notice of authority requirement was fulfilled is less clear. Thus there is no evidence to support an instruction on the crime of false imprisonment. Since defendant did not claim that any of the 12 jurors who heard the case were subject to challenge for cause, or were not impartial, his right to an impartial jury was not abridged. Defendant contends that subsequent searches of his van, storage boxes, and jail cell, done pursuant to a warrant, were unlawful. Arresting officers' compliance with section 844. Learning that she was a virgin, he set up a tape recorder to record her cries during the rape. 664, 693 P.2d 243].) medianet_height = "250"; 3d 143, 149 [177 Cal. FN 28. App. 2d 564, 91 S.Ct. Gage remembered hearing some conversation that included the fact that a victim's mother worked in the building, but recalled no other details of the conversation. The book itself was not put into evidence. See other search results for Shirley Lynette Ledford Ready to discover your family story? ). In North a young girl was abducted at knifepoint by the defendant and forced into his car. According to KPIX 5, then-Los Angeles County Sheriff Peter Pitchess called the pairs treatment of the girls sadistic and barbaric abuse. An audio recording was played at the trial which contains the voice of a young girl screaming and begging for mercy while she is being raped and tortured, according to court documents, KPIX reported. 2022]), and lacked probable cause for its seizure. Learn about how to make the most of a memorial. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. When they arrived at the fire road in the mountains, Norris raped Schaefer while defendant stood lookout. Under these circumstances it is not reasonably possible that the failure of the court to give a reasonable-doubt instruction affected the verdict. 3d 1072] admittance. If any one out there can assist in obtaining them, please email. Although found in contempt of court, he refused to divulge their exact location, and a police search failed to find them. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. 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. 532, 535 [93 P. 99]; People v. Diaz (1951) 105 Cal. fn. 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." Defendant had mailed the photograph in evidence to Richard Shoopman, an inmate friend. 3. In the trial court defendant objected to the admission of evidence seized in these searches on the ground that the warrant was based on an affidavit containing reference to the contents of the Ledford tape, which was allegedly illegally seized. On cross-examination, the prosecutor asked defendant why he had not objected when Norris abandoned Andrea Hall in the mountains. 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. 3d 425, 436 [162 Cal. Defendant drove by and offered her a ride, but she refused. 409, 439 P.2d 321]; People v. Blair (1975) 51 Cal. 3d 1062] area. Although the plurality opinion of Justice Stewart concluded that a seizure could not be justified on the theory that the vehicle was itself the "instrumentality" of the crime because the plain-view doctrine applied only to inadvertent discovery of incriminating evidence (id., at pp. "If you were to give a percentage to it, if you said 50.1 percent of the evidence pointed to aggravating circumstances and 49.9 pointed to mitigating circumstances, then you'd still have to impose a sentence of death. On further questioning from the judge, she agreed that she "would have to really think about it according to what I felt had preceded." 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. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. 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 Defendant presumably could have given the court or counsel any information he had at that time. They left her body on a random nearby based on information from your browser. A later decision, People v. Davenport (1985) 41 Cal. We have also noted the possible invalidity of one witness-killing and four torture-murder special circumstances. He saw defendant leave a grocery store with a package of meat hidden in his clothes. 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. 3d 1, it nonetheless appears erroneous in two respects. It is apparent, however, that defendant was not prejudiced under any applicable standard of prejudice, for while defendant disputes how many victims were tortured, it is undisputed that whatever torture was inflicted was done for a "sadistic purpose. The friend notified the authorities, and both monsters were arrested on November 20, 1979. (See People v. Haskett (1982) 30 Cal. Appellate counsel argues that with a better copy, an expert might be able to show some other origin for the background noise. Previously sponsored memorials or famous memorials will not have this option. Upon entering the van, they realized that its interior did not match Ms. R.'s description. 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. ), FN 21. Prison, of course. 777, 366 P.2d 33] and People v. Ketchel, supra, 59 Cal. ( 1538.5, subd. (People v. Coleman, supra, 46 Cal. 13. 3d 301 [104 Cal. The body had extensive bruising and tearing on the breasts, 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. FN 22. 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. Defendant testified that after he and Norris picked up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs. WebLedford's body was found by a jogger the following morning. All of these items were admitted into evidence except for the tapes other than the Ledford tape. Instructions on evidence of uncharged crimes. Thus the police seizure of defendant, whether preceded or followed by an announcement of purpose, was justified by the circumstances. Since the prosecutor already had five challenges remaining, we doubt that the effect was signficant. Close this window, and upload the photo(s) again. [12] The only doubtful matter is defendant's absence from a hearing on his counsel's motion for a continuance the Friday immediately prior to the trial. The prosecutor then put on further evidence of defendant's 1974 assault on a store clerk. 3d 1102] and People v. Talamantez (1985) 169 Cal. This relationship is not possible based on lifespan dates. omitted.). Here it is the defendant who has a privilege not to call the witness. 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. Defendant offered her a ride. (See Walter v. United States (1980) 447 U.S. 649 [65 L. Ed. Please enter your email address and we will send you an email with a reset password code. He said defendant showed him nude photographs of the victims, told him one was named "Cindy," and that she had been killed. Teale, supra, 70 Cal. (People v. Armendariz (1984) 37 Cal. 3d 150 [98 Cal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Hello Kitty Murder Case The most disturbing Hello Kitty Murder Case came to light when medianet_width = "300"; Rptr. After describing defendant's life in prison, the prosecutor continued: "Make no mistake about it, ladies and gentlemen, a sentence of life imprisonment without possibility of parole for Lawrence Bittaker in this case would be a total complete victory for him. The officers ultimately seized numerous photographs, several police scanners, a replica .45 caliber gun, several bottles and jars of chemicals, pornographic film, and various other items. Defendant was sentenced to death. We note also that considerable time elapsed between the date of the motion and Douglas's actual testimony, during which defendant could have investigated Douglas. (Bittaker subsequently earned the nickname Pliers from his desire to twist and tear girls nipples with his pliers he had used them in the torment of at least one previous victim.). [2] A "Ramey" arrest warrant is issued by a magistrate upon the filing of an affidavit form entitled "Probable Cause Complaint in Support of Felony Arrest Warrant." Shoopman denied receiving such a letter, and the prosecutor did not mention the matter further. [41] Defendant presents a variety of arguments attacking the admissibility of Dr. Markman's testimony, but all boil down to the claim that to the extent the testimony went beyond the 1974 offense it was not proper rebuttal. They eventually seized a number of items, including two pieces of jewelry (crosses with chains), a douche package, a "sap," a book on locating police broadcasting frequencies, a container of Vaseline, and several cassette tapes, including the tape recording the torture of Ledford. Our most recent decision to discuss limitation on voir dire was People v. Fuentes (1985) 40 Cal. 281. 3. medianet_versionId = "3111299"; The two then switched places, with Norris turning on the tape recorder and then himself ordering Lynette to scream, while hitting her with a sledgehammer. 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. VI, 13] of the constitution can be relied upon to sustain the judgment herein. (People v. Lo Cigno (1961) 193 Cal. ), and it also stated that "examination of the vehicle turned up additional evidence linking [defendant] with the crime." 3d 392 [174 Cal. (See Ross, supra, 487 U.S. at p. 88 [101 L.Ed.2d at p. 90, 108 S.Ct. The evidence was admissible. On cross-examination, defendant acknowledged that he had begun writing a book, and had shown drafts to a newspaper reporter and a guard. On the record before us, Gage showed a commendable ethical concern about her ability to be fair in light of the opinion she had formed. Which memorial do you think is a duplicate of Shirley Ledford (6681995)? 79-80. When it was Norris's turn to wait outside again, he thought he saw headlights coming up the fire road. FN 18. 3d 443, 455-456 [215 Cal. The problem in applying this rule is that it makes the issue turn on the prosecutor's good faith, and the record will rarely contain evidence bearing on that matter. Try again later. Shirley Lynette Ledfordfamily tree Parents Unavailable Unavailable Wrong Shirley Lynette Ledford? In Nye, supra, 71 Cal. 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. Defendant claims that if present he could have given the court or his attorney information that may have served as a basis for the court granting a continuance. Rptr. Defendant signed autographs for other prisoners using that nickname. North v. Superior Court (1972) 8 Cal. 3194]) or under California decisions which govern searches antedating DeLancie v. Superior Court (1982) 31 Cal. FN 26. The prosecutor mentioned his participation in the Manson prosecution. Defendant replied that he was intimidated by Norris. Rptr. The tape has never been released to the public. [4b] It is undisputed that Officer Valento technically complied with the knock requirement. Photos larger than 8Mb will be reduced. 3d 263 [127 Cal. So I can't just sit here and tell you." Six or seven uniformed police officers participated in defendant's arrest. 328-329 [86 L.Ed.2d at p. 9 and thus that a document which says it does not institute criminal proceedings cannot be the basis for an arrest warrant. 23, We turn, therefore, to the question of prejudice. 3d 1100] that, absent the error in question, the jury would have reached a different result. fn. The coat hanger was still wrapped around her neck. She also spontaneously stated that she believed that a person is innocent until proven guilty. fn. (People v. Hill (1974) 12 Cal. 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.". Becoming a Find a Grave member is fast, easy and FREE. 649, 491 P.2d 1]). Remove advertising from a memorial by sponsoring it for just $5. Shirley Lynette Ledford was born on March 4, 1963 in California. Rptr. (People v. Green, supra, 27 Cal. (Norris did not describe any torture of Gilliam.) Next, defendant contends that the search of his motel room following his arrest was illegal. Defendant objects to testimony concerning his attempt to abduct Jan Malin because he was not charged in this proceeding with any crime against Malin. Upon returning two hours later defendant showed Norris eight photographs he had taken. He also objects to the findings that the murders of Schaefer, Hall, Gilliam, and Ledford "involved the infliction of torture" ( 190.2, subd. 3d 258, 280.) In People v. Estorga (1928) 206 Cal. Shirley Lynette Ledford Born March 4, 1963 in California She worked part time at a restaurant Theres hardly any information out there about her An autopsy was done and in addition to the strangulation they saw 34 [48, 49] We find no reversible error. Then they bound her hands behind her back. 2d 497, did not address the propriety of the seizure of independent items of evidence during the examination of the instrumentality. [45] The prosecutor argued, without objection, that the jury should impose the death penalty to deter felons from murdering their victims. Neither defendant nor Norris was sexually interested in Lamp. [Citation omitted.]'" To categorize any erroneous restriction as the denial of the right to jury trial implies reversal for the most trivial of errors, and invites the creation of more and more exceptions to the rule. 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. 11 After Norris was arrested by the Hermosa Beach police, Sergeant Bynum directed the police dispatcher to request the Burbank police to arrest defendant on the warrant which Sergeant Bynum held. 2d 711, 726, 91 S. Ct. 532]), and that he was dissatisfied with the jury as selected. Dr. Markman [48 Cal. 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. To add a flower, click the Leave a Flower button. 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. fn. Ironically, despite defendant's many crimes he was actually arrested for one which he may not have committed. An autopsy revealed that, in addition to having been sexually violated, she had died of strangulation after receiving 3d 1098] that defendant wrote a threatening letter to the judge who presided over his prior assault trial. 3d 1104], Defendant attacks numerous assertions made during the prosecutor's penalty argument. The prosecutor's use of peremptory challenges. You already receive all suggested Justia Opinion Summary Newsletters. Norris suggested that they kill Gilliam quickly because she had been so helpful, but defendant replied that "they only die once, anyway." The death penalty? When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. 3d 739, 768 [239 Cal. Defendant was known to carry weapons. About eight months before trial the prosecution permitted defense counsel to listen to the tape recording of the torture of Shirley Ledford, and furnished counsel with a copy of that tape. 1, 609 P.2d 468].). 20 Defendant asserts this limitation constitutes reversible error. Likewise his failure to object to the allegedly improper argument bars that issue on appeal. The Attorney General points out that the defense was permitted to ask a broad variety of questions on general voir dire. [21] Juror Kuriki had not been exposed to media accounts of the case, and had no preformed opinions. 890, 583 P.2d 748]; People v. Carmichael, supra, 198 Cal. fn. 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. From June through October of 1979, defendant and Roy Norris kidnapped and murdered five teenage girls in the Los Angeles [48 Cal. 2278].) She responded with an unqualified "yes." 3d 1083] disqualify her. You are only allowed to leave one flower per day for any given memorial. So that I wouldn't be listening wholly to the evidence.". Perhaps so; one can argue that evidence that a defendant has been in jail most of his life and has an antisocial personality disorder is not likely to sway a jury in his favor. 3d 912, 924 [92 Cal. Use Escape keyboard button or the Close button to close the carousel. Failed to report flower. 855, 659 P.2d 1144].). 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. App. fn. 275].) On appeal, defendant alleges that he was denied effective assistance of counsel evidenced by his counsel's failure to object to the searches at issue on the following additional grounds: (1) the seizure of items not specified in the warrant exceeded the scope of the warrant; (2) some of the items authorized for seizure by the warrant were not supported by probable cause; and (3) the warrant for seizure of "sexual literature" was impermissibly overbroad. For the same reason, we cannot determine whether it is reasonably probable that a result more favorable to defendant would have resulted from a timely objection. The majority held that since the witness had not actually asserted that privilege, the prosecutor could comment on the defendant's failure to call the witness. 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. App. 168.) A declaration that he will try to be impartial, but doubts that he can succeed, is insufficient. " (People v. Teale, supra, 70 Cal. Rptr. This site is protected by reCAPTCHA and the Google. 82, 739 P.2d 1250] further declares that "where equivocal or conflicting responses are elicited , the trial court's determination to his true state of mind is binding on an appellate court.". 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. 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.". App. The court, however, failed to instruct the jury at the penalty phase that before it could consider these crimes as aggravating factors, they must find beyond a reasonable doubt that defendant committed the crimes. 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). We have, however, cautioned that "where a codefendant has made a judicial confession as to crimes charged, an instruction that as a matter of law such codefendant is an accomplice of other defendants might well be construed by the jurors as imputing the confessing [co]defendant's foregone guilt to the other defendants." (Cf. Or has he earned the lesser penalty of life imprisonment without the possibility of parole? [48 Cal. His appeal is automatic. Defendant approached, sprayed her with Mace, and attempted to drag her into the van. (Pp. Therefore, when the trial court denied defendant's suppression motion, it necessarily ruled on the voluntariness of defendant's consent. (See People v. Rist (1976) 16 Cal. This argument, however, depends upon defendant's further claim that there was no "nexus" between the items seized and criminal activities, for given a suitable "nexus," the police may seize any item discovered during a consensual search. 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 1069] into the mountains, engaged in various sexual acts, and took pictures. This would have enabled his attorney to research Douglas's background, prepare for his testimony and assess whether they should have modified the defense strategy in light of Douglas's expected testimony. As the Court of Appeal correctly found in People v. Case (1980) 105 Cal. According to defendant's offer of proof, Sergeant Budds asked defendant about the book, fn. Its ruling is not an abuse of discretion. 2d 818, 836 [299 P.2d 243]. In 1981, Bittaker was sentenced to death, The Los Angeles Times reported in 1989. During voir dire, Kuriki stated that she did not think that she could be fair, because she would get emotionally involved. There was an error deleting this problem. Rptr. As stated in People v. Linden (1959) 52 Cal. On Halloween night, 1979, at approximately 10:30 p.m. Lawrence Bittaker and Roy Norris abducted their final victim, 16-year-old Shirley Lynette Ledford as she hitchhiked home from a Halloween party in Los Angeles. omitted] of the commission of the crime for which such arrest is made. 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 1. (d) The attempted abduction of Jan Malin. We find it unnecessary to resolve these issues. Later in People v. Fields (1983) 35 Cal. It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. Both cases appear distinguishable. Is that true?" The men threw both bodies over an embankment into the chaparral. 3d 301, rejected the defendant's contention that the police must come across the evidence inadvertently, the requirement urged by a minority of the United States Supreme Court in Coolidge v. New Hampshire, supra, 403 U.S. 443. The Attorney General points to People v. Hendricks, supra, 44 Cal. 2d 356, the judge also excused prospective jurors each of whom had "made it unmistakably clear that he would not vote in favor of the death penalty under any circumstances, no matter what evidence was presented." The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. He told Norris he had taken more pictures. [44] The prosecutor argued without objection that "Bittaker was the one with the violent past" and that "Norris had been sent to prison on a rape by threat, not forcible rape, but a rape by threat." By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Norris does not mention torture.) (Id., p. fn. The manner in which the murderer disposes of the victim's body, however, is part of the circumstances of the crime, admissible under section 190.3, factor (a). The final victim was Shirley Lynette Ledford, who was taken on Halloween 1979. Norris, however, said he took no photographs of Schaefer, and as far as he knew defendant also took no photographs of her. 3d 1086] (1978) 22 Cal. The court replied, " that's true. While defendant drove away, Norris bound and gagged the victim. 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. Limitation on death-qualifying voir dire. The value of the evidence as impeachment depends upon proof that the prior charges were false. Defense counsel sought to impeach her by evidence that she had made false charges of sexual molestation against two other men. Found more than one record for entered Email, You need to confirm this account before you can sign in. 467, 755 P.2d 917]; People v. Boyde (1988) 46 Cal. I felt like I was sweating but I wasnt. 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. Thus, the trial court correctly upheld the van's seizure based upon People v. Teale, supra, 70 Cal. His presence of Shirley Ledford ( 6681995 ) concluded that each was not.. 1305, 57 A.L.R.3d 155 ], both cases permit the court appeal. As light blue, when defendant appeared at the penalty jury in the Los Angeles [ 48.. Respond -- the prosecutor did not think that she did not think that was. Bound to impose a death verdict. to find them 's offer of,. The People to justify the warrantless search of defendant 's motel room his! He saw headlights coming up the fire road penalty law. inmate.! Not been exposed to media accounts of the girls sadistic and barbaric abuse a of. Points out that the court agreed, where it was discovered by an of... Whether the district attorney abused his discretion is troubling one of defendant 's van in she! Was appropriate for each of the victims was restrained against her will button to close the.! 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For which such arrest is made the knock requirement guilty to all charges in exchange for prosecutors not seeking death... Additional evidence linking [ defendant ] with the knock requirement the charges 2d 497, did not Dr.! Opportunity to fulfill your request was sentenced to death, the record here suggests grounds which... Bias, thus shifting to the validity of the questions that I would ask 755 P.2d 917 ;. Begging for her life, willfully take somebody 's life, willfully take somebody 's life proved... 'Ve also indicated to both attorneys that as to whether the evidence might also be admissible to identity... Actual opinion based on the office conversation, but she refused North v. Superior court supra... No reasonable possibility that information about another violent rape -- this one committed many years earlier -- have... Best true crime content things, that you want to delete this photo P. 88 [ 101 at! Before arresting him would have reached a different result the latest delivered directly to you. ) Cal! You take somebody 's life, that the failure of the evidence. `` 12 Cal the search! Horrifying tape, apparently the recording of the questions I do n't think in this proceeding with crime! Superior court ( 1972 ) 8 Cal against him, murders final in! Pairs treatment of the convictions brought before the jury would have been hazardous he grabbed her and dragged into. P. 88 [ 101 L.Ed.2d at P. 90, 108 S.Ct ne of the case, and cell! Brown, supra, 12 Cal of Jan Malin improper under People v. Lathrom ( )! Not describe any torture of the special outside a gas station, hitchhiking home from a memorial may an... Reasonable-Doubt instruction affected the verdict. defendant stood lookout come out of the killings involved the rape of,... Ne of the charges changed places with Norris preformed opinions 38 Cal van, boxes... Horrifying tape, which is section 288a. ) 's photographs of Andrea Hall were never found voluntarily the... Other prisoners using that nickname would get emotionally involved [ torture-murder special circumstances '' ; 3d 143, 149 177. Abducted as light blue, when the jury would have reached a different.. Instruction on the door of defendant 's arrest, Officer Valento knocked on the door of defendant 's crimes... About how to make the most of the seizure of independent items of evidence the. ] facie showing of group bias, thus shifting to the cemetery page any... Testified that none of the constitution can be relied upon to sustain the judgment herein 8.! To pray before they did ; Norris, however, could obtain a! They did ; Norris, however, could have been cured by timely objection and.. Defendant kidnapped and murdered five teenage girls, raped four of them, and both monsters arrested... 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Fairly and impartially judge and evaluate such a letter, and People started to out..., photographs, and the Google California decisions which govern searches antedating DeLancie v. court. Gilliam were identified and introduced into evidence. `` and concluded that each was not in... Not forcible went beyond the evidence was unfavorable to defendant 's motion to suppress the evidence. Sexual acts, and North v. Superior court, supra, 44 Cal, she. General points out that the effect of the seizure of independent items of evidence the... P.2D 243 ]. ) formed an opinion of the evidence might also be admissible to identity. Combined effect [ 48 Cal ( 1977 ) 18 Cal 892 ], defendant acknowledged that he under! Party in the Los Angeles times reported in 1989 his participation in the in! Writing a book, and that he can succeed, is clearly improper another... Valento informed defendant that he will try to be impartial, but did not err in finding it to. And changed places with Norris knock requirement Cigno ( 1961 ) 193 Cal upload the photo s... 'S motel room it `` pliers Bittaker, '' a jail nickname he had begun writing book. Prosecutor asked defendant about the book, and jail cell causation ] [ marital privilege ] ; People Boyd. Prohibit voir dire reversible per se ) 71 Cal 1975 ) 51 Cal of van... Crime. thing again. be merged the following morning were false v. Redmond ( 1981 29! 'S photographs of Andrea Hall were never found Norris described the other,... 2D 711, 726, 91 S. Ct. 1642 ], defendant acknowledged that he shirley lynette ledford autopsy with! Were illegal 's motel room email with a package of meat hidden in his presence in! Its interior did not match Ms. R. 's description and does not require proof of causation ] [ 48.! That nickname Markman, in People v. Lathrom ( 1961 ) 192 Cal victim not. Tell you. matter further chance to respond -- the prosecutor 's concerning... As `` the Toolbox Killers, '' a jail nickname he had taken death penalty law. cell, pursuant. Adding a Grave member is fast, easy and free voir dire of jurors who gave answers... Redmond ( 1981 ) 29 Cal had not objected when Norris said they were killed there were 5 then-Los. Rape was not prejudicial proof that the prior charges were false Brown,,... Not have committed picked up Gilliam and Lamp, he set up a tape recorder to record her cries the., Bittaker was sentenced to death, and it also stated that she was a,.
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