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at p. 527, 262 Cal.Rptr. ] (People v. Williams (2001) 25 Cal.4th 441, 447-448, 106 Cal.Rptr.2d 295, 21 P.3d 1209, fn. In essence, defendant's claim is premature. She is also involved with the Bill Evans Piano Academy in Defendant correctly observes that we repeatedly have rejected this contention. It is a decision which must be made by the defendant In addition, the court has requested that the agreement retaining Mr. Arturo Hernandez and Mr. Daniel Hernandez be reduced to writing and that Mr. Ramirez be given the opportunity to discuss that contract with an independent attorney appointed by this court. Accordingly, it is clear that a criminal defendant need not demonstrate prejudice resulting from a violation of that right in order to have his conviction reversed. (Ibid. Defendant contends the evidence is insufficient to support his convictions of burglary of the residence of Maria Hernandez and Dale Okazaki, the felony-murder of Okazaki based upon the commission of the burglary, and the special circumstance that the Okazaki murder was committed during the commission of a burglary. ), Defendant contends he was denied both the right to a fair trial by an independent tribunal and the right to the minimum guarantees for a criminal defense under customary international law as informed by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the American Declaration of the Rights and Duties of Man (American Declaration). Defendant further asserts he suffered racial discrimination which constituted violations of customary international law., This claim fails because, as explained above, defendant was not denied a fair trial or subjected to racial discrimination. That is an avenue I think that has to be explored one way or another., The next month, on March 24, 1987, the court spoke to defense counsel about when they were going to file a severance motion and then added: The 1368 and related issues I would also like you to consider. I realize that that is going to be a very difficult one for you, but I would like you to get working on that as well.. The temperature of the victim's liver indicated she had been dead only a couple of hours, but that estimate may have been inaccurate, because the body had been covered and the room may have been warm. The screen had been removed from her bedroom window. 177, 639 P.2d 248: [C]hosen representation is the preferred representation. (a). We are all expendable for a cause, and no one knows that better than those who kill for policy, clandestinely or openly, as do the governments of the world which kill in the name of God and country and for whatever else they deem appropriate. She summoned her father, who called the police. In his reply brief, defendant withdrew this contention. WebVincent Zazzara was born on 8 October 1920. On October 22, 1985, Judge Soper noted that defendant had failed to provide a written agreement retaining attorney Gallegos. During his testimony regarding the murder of Tsai Lian Yu, eyewitness Jorge Gallegos identified defendant, but added the observation, he's just a little different, explaining, his hair is just a little longer. On cross-examination, the following exchange occurred: [Defense Counsel]: the man at the trial looks different than the man you saw that night. The court finds that although I gave Mr. A burglary is committed if the defendant enters a residence or other enumerated structure with intent to commit grand or petit larceny or any felony. (459.) U. S. He moved to discharge his attorney and obtain appointed counsel. WebMaxine L Zazzara; Previous Addresses: * Strong Ave, Whittier, CA * * *nd St, Downey, CA * Associated Businesses: Pyramid Equities; We found results for Vincent Zazzara in US White House Visitor List. A red circle with a star in it (a pentagram)3 had been drawn on her thigh, perhaps using lipstick. His cousin killed his wife right in front of him when he was 13 years old. Defendant relies upon the bizarre nature of the criminal acts charged, [defendant]'s bizarre and abnormal behavior following his arrest, and the court's own questions at various court hearings regarding [defendant]'s competence. But none of these circumstances raised a question as to defendant's ability to understand the nature of the proceedings or assist counsel in his defense. [] [], For these reasons, the court is going to take the matter of the substitution of attorneys under submission until October 24, 1985, to allow the defendant to investigate the attorneys he now wishes to hire, if he so desires, and for him to have the contractual agreement looked at by an independent attorney. The trial court in the present case was correct that the 3.5 percent absolute disparity and 20 percent relative disparity between the percentage of Hispanics who appeared for jury service and the percentage of Hispanics in the area within 20 miles of the courthouse was not constitutionally significant. Her nose was broken and both eyes blackened. The trial court selected the 20-mile radius as the community to which to compare the percentage of Hispanics. The Court: I am just wanting to know your education, sir. Again, you know, he was nodding and he was asleep because I could hear him snoring, The court dismissed the juror over defendant's objection, stating: I have from time to time observed Mr. 1173, 55 L.Ed.2d 426 (Holloway), in which indigent codefendants were represented by a single appointed attorney who represented that he had received confidential information from each defendant that created a risk of conflicting interests, but no conflict of interest was found in Cuyler v. Sullivan (1980) 446 U.S. 335, 100 S.Ct. We have seen him on almost a daily basis. Defendant entered the vehicle, saying he had a gun, but Pinon attempted to pull defendant from the vehicle. Maxine Zazzara, (562) 417-8189, Whittier Public The court's observations of defendant raised no question in the court's mind about defendant's competence, and one of the attorneys who was about to be substituted in as counsel vouched for defendant's competence. Weeks testified that using the registrar of voters list as the primary list results in an underrepresentation of Hispanics, because the percentage of Hispanics who are eligible to vote and who actually register to vote is lower than for other groups in the population. Dr. 537, 797 P.2d 561.). 7. He used a wide variety of weapons and would leave behind satanic symbols. At trial, defendant objected to three photographs of murder victim Jennie Vincow lying on her bed as very inflammatory and gruesome. [Citations. Accordingly, Dr. There was no gross unfairness and defendant was not deprived of a fair trial. Serial Killer Database Wiki. Menu. Sandra Hotchkiss testified for the defense and acknowledged that she was incarcerated at the California Institution for Women serving a term for burglary. He told her to be quiet, asked, Where is it? and then shot her in the face. Plot. According to defendant, this led the jury to treat the absence of mitigation as aggravation. If defendant believed the pattern instruction was unclear, he had the obligation to request clarifying language. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1192, 36 Cal.Rptr.2d 235, 885 P.2d 1.) Hernandez summoned the police. If there is any substantial evidence supporting the trial court's ruling, we will uphold it. Since this time they have come back and they have, in my opinion, based on my observations, resumed their usual demeanor and apparent cheerfulness and ability to get about their business, and I think that is important to remember This court has had nothing that would put it on notice, either by the jury or by its own observations, that would indicate that this jury is not able to continue on with its deliberations. A partial shoe print found on an unplugged clock was consistent with an Avia athletic shoe. More than three years later, on March 6, 1989, during the presentation of the prosecution's case-in-chief, the trial court appointed Attorney Roy Clark as an additional cocounsel for defendant. She had committed numerous burglaries with defendant and had seen him sell jewelry to Felipe Solano. The Sixth Amendment commands that the accused be defended by the counsel he believes to be best. (United States v. Gonzalez-Lopez, supra, 548 U.S. at ----, 126 S.Ct. ), The Sixth Amendment to the United States Constitution guarantees that In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed The California Constitution declares that Trial by jury is an inviolate right and shall be secured to all (Cal. No juror is ever required to vote to impose the penalty of death if the juror is not convinced that death is the appropriate penalty under the circumstances shown by the evidence. The court denied this instruction as duplicative and argumentative. The relative disparity (2.3 percent divided by 16.3 percent), therefore, was 14 percent. 630, 774 P.2d 659, defendant is entitled to relief only if he can 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. Unless, in addition to exhausting his peremptory challenges, the defendant expresses dissatisfaction with the jury ultimately selected, we cannot know whether the earlier denial of the challenge for cause deprived the defendant of a peremptory challenge that he or she would have used to excuse a juror who sat on his case. As she got up, she heard a muffled loud sound. She ran around to the front of the condominium complex and saw defendant leaving the complex. A shoe print from an Avia athletic shoe was found in the bedroom. Defendant later withdrew this instruction: The Court: I do not believe that this instruction is pertinent to any evidence that I've heard in this case. She died on 29 March 1985 in Whittier, California, USA. It is clear, therefore, that Hispanics were not systematically excluded from the venire from which defendant's jury was chosen.9. To return a judgment of death, each of you must be persuaded that the aggravating circumstances are so substantial in comparison with the mitigating circumstances that it warrants death instead of life without parole. We need not, and do not, decide whether the trial court was correct that these proposed special instructions on mitigating factors were argumentative because, in any event, the trial court properly denied the requested instructions because they duplicated the court's instructions. On March 28, 1985, about 8:30 p.m., Polo went to the home that Vincent Zazzara shared with his wife Maxine to deliver the day's receipts from the restaurant and The accuracy of determining if names on the two lists were duplicates would be increased if, in addition to the names, the birth date and address of the prospective jurors were compared. at p. 982, 275 Cal.Rptr. 79-2577. Mr. 8.85,14 which quotes the aggravating and mitigating factors identified in section 190.3 the jury shall consider, if relevant, in determining the proper penalty, because the court did not delete references to mitigating factors for which no evidence was introduced. [Citation.] The Defendant: Yes. ] (People v. Hayes, supra, 21 Cal.4th at p. 1281, 91 Cal.Rptr.2d 211, 989 P.2d 645.). The car was running with the transmission in reverse. Our decision in Hannon does not assist defendant. With only one exception, there was evidence of the theft of property in each of the other charged crimes in which defendant entered a residence. We assume that the jury followed the court's instructions (People v. Davis (2005) 36 Cal.4th 510, 545, 31 Cal.Rptr.3d 96, 115 P.3d 417), and the record does not contain any indication to the contrary. The bedroom had been ransacked. Is that the point you are trying to make? The high court held that the defendant was denied due process, concluding that it was a denial of due process of law to refuse the request for a change of venue, after the people of Calcasieu Parish had been exposed repeatedly and in depth to the spectacle of Rideau personally confessing in detail to the crimes with which he was later to be charged because the televised spectacle of the defendant confessing to the crimes rendered his subsequent trial but a hollow formality. (Id. (a)), five counts of attempted murder (187/664), four counts of rape (261, former subd. She had been shot twice in the chest at close range and was pronounced dead at the hospital. The court concluded: I don't think that a reasonable likelihood has been made out that a fair trial cannot be had in this county, adding, You know, of course, that if a panel is brought in and if you go through the panel and the voir dire experience shows that the panel is, in fact, rather than in theory, polluted, that you can make another motion for change of venue at that time., Section 1033 provides that a defendant's motion for change of venue shall be granted when it appears that there is a reasonable likelihood that a fair and impartial trial cannot be had in the county. (1033, subd. Defendant twice asserts in his opening brief that in People v. Ortiz, supra, 51 Cal.3d 975, 275 Cal.Rptr. She had been shot in the head and neck at close range, stabbed in her neck, cheek, chest, abdomen, and pubic area, and her eyes had been cut out. (People v. Heard (2003) 31 Cal.4th 946, 973, 4 Cal.Rptr.3d 131, 75 P.3d 53; People v. Crittenden (1994) 9 Cal.4th 83, 132-133, 36 Cal.Rptr.2d 474, 885 P.2d 887.) Later, in an interview from jail, he posed the question of whether serial killers are born or bred. That section requires the defendant to make a showing of good cause in order to obtain severance, and defendant's failure to request a severance waives the matter on appeal. 12, 127 Cal.Rptr. [Defense Counsel]: And you agree with the tactical decision that we made not to put on any evidence at this stage of the proceeding? ), Defendant argues that granting prosecutors virtually unfettered discretion to decide whether to seek the death penalty violates the Fifth, Eighth, and Fourteenth Amendments to the federal Constitution. The Court: The filing of any notices of appeal? Investigators put two officers in the dentists office to be ready. Psychologist Elizabeth Loftus, an expert in eyewitness identifications, testified that memory degrades over time, that witnesses who are assaulted with weapons focus upon the weapon rather than the features of the assailant, and that members of one race have difficulty identifying members of other races. IN THE SUPREME COURT OF CALIFORNIA - Justia Law Retention of Counsel. Nothing in the record before us supports the conclusion that defendant's chances of receiving a fair trial were irreparably damaged. And I beg you to remember that in your deliberations. The court then selected an alternate juror to replace Juror Singletary and released the jury for the day, ordering them to return the following day and repeating the admonition to not allow yourself any exposure to any media representation about this case.. About half (47.7 percent) indicated that the Night Stalker murders had posed no particular threat to them, while nearly an equal number (46 percent) said their concern for their safety had increased when the murders were occurring. The trial judge then engaged the prospective juror in the following colloquy: The Court: If you as [a] juror found a defendant guilty of first degree murder and you also found a special circumstance to be true beyond a reasonable doubt, would that put you in a position where in every case would you always vote for the death penalty? We have also stated, however, that a juror's inability to perform as a juror must appear in the record as a demonstrable reality. [Citation.]' The trial court's finding are generally binding if the prospective juror's responses are equivocal or conflicting [Citations. Joseph Duenas was in his second-floor apartment when he heard a woman scream help me. He went onto his balcony and saw Yu struggling with a man near the curb. Zazzara 2348, 147 L.Ed.2d 435, Ring v. Arizona (2002) 536 U.S. 584, 122 S.Ct. 626 F.2d 135 - Public.Resource.Org The phrase legions of the night had been used in heavy metal rock lyrics around that time. The photographs at issue here are gruesome because the charged offenses were gruesome, but they did no more than accurately portray the shocking nature of the crimes. html#8> [as of Aug. 7, 2006]. Their throats had been slashed and they had been shot in the neck and head. These are the only aggravating circumstances that you may consider. A screen had been removed from an open bathroom window and was lying on the ground. If an exact match is found, that name is removed from the DMV list. Defendant challenges the sufficiency of the evidence to support his conviction of the second degree murder of Tsai-Lian Yu, asserting that the evidence is insufficient to establish malice because it does not establish that he intended to kill Yu and, if he did, that he did not act in the heat of passion, or upon a sudden quarrel, or in unreasonable self-defense. The Court: To the court inquiry as to the extent of your contract, does it cover through the preliminary hearing? But the court's determination that physical restraints are needed will not be overturned on appeal except on a showing of a manifest abuse of discretion. (Id. (People v. Panah, supra, 35 Cal.4th 395, 448, 25 Cal.Rptr.3d 672, 107 P.3d 790; People v. Jenkins, supra, 22 Cal.4th 900, 944, 95 Cal.Rptr.2d 377, 997 P.2d 1044. Each juror must assign the factors present in this case whatever weight the juror finds to be appropriate. At defendant's request, the court ordered that the brace be replaced by leg chains. The high court denied relief, distinguishing Holloway on the basis that counsel had not protested his inability simultaneously to represent multiple defendants. (Mickens, at p. 173, 122 S.Ct. Defendant left and they called the police. The court observed that when the jury arrived all of them seemed, as far as appearances are concerned, able to carry on their tasks. The court asked the jury foreperson, outside the present of the rest of the jury, whether the jury was able to resume deliberations.