Ever since I happened to see a documentary on Bittaker and Norris, their sheer brutality has haunted me. On cross-examination, defendant acknowledged that he had begun writing a book, and had shown drafts to a newspaper reporter and a guard. Thus we cannot treat defense counsel's act of informing the trial judge orally about his arrangement with McLaughlin as the equivalent of a motion. The record showed that the prosecutor challenged 5 of 6 Black jurors (83.3 percent) and 21 of 60 White jurors (35 percent). Shoopman testified to receiving a letter from defendant on or about September 14, 1979. 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. The arrest warrant in fact specified forcible oral copulation, which is section 288a.) ). Learning that she was a virgin, he set up a tape recorder to record her cries during the rape. 364.) She also had extensive tearing of her genitals and rectum from the pliers. 8 that a complaint is a document which institutes a criminal proceeding, fn. The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. (See People v. Fosselman (1983) 33 Cal. Ms. R. also selected defendant's photograph out of a photographic lineup of potential suspects. 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 then parked the van a short distance down the street. 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 464-473), only four members of the court [48 Cal. 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. The men threw both bodies over an embankment into the chaparral. He also called Dr. Tronkman, a psychiatrist, who testified that defendant may have committed the 1974 assault while in an altered state of consciousness. [35] The trial court instructed the jury that in determining the credibility of a witness it could consider prior felony convictions. [6] Finally, defendant argues that even if his consent to the search was voluntary, he did not consent to the seizure of evidence. Rptr. 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. 892], the record here suggests grounds upon which the prosecutor might reasonably have challenged the five Black jurors he excused. People v. Steger (1976) 16 Cal. Defendant testified that after he and Norris picked up Gilliam and Lamp, he offered Gilliam money if she would pose for photographs. His appeal is automatic. Sergeant Farrand was stationed approximately five to six feet away from Officer Valento during the arrest. Robin R. was unable to identify defendant in person, her description of the interior of the van where she was held did not match defendant's van, and the manner of her kidnapping and rape differed from defendant's characteristic mode of operation. 6 based upon an affidavit filed by a Sergeant Bynum of the Hermosa Beach police department. Such a proceeding would consume considerable time, and divert the attention of the jury from the case at hand. Are you sure that you want to delete this memorial? App. 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. The defense did not call Dr. Coburn as a witness. Ironically, despite defendant's many crimes he was actually arrested for one which he may not have committed. 547.). Rptr. Norris strangled her with a wire coat hanger. 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. In response to a question whether he could put that opinion out of his mind and decide the case on the evidence, he replied, "I wish I could say yes, okay, but I really don't think so." On cross-examination the prosecutor asked him, "Isn't it a fact, Mr. Shoopman, that he [defendant] wrote you about the rape and killing of a girl in the mountains before September 14?" Further, the affidavit recounts a conversation between defendant and one of his fellow inmates, in which defendant admitted that he had sent Shoopman three photographs which show where defendant and Norris had dumped the bodies of the girls. 3d 438 [116 Cal. Rptr. The bodies of Lucinda Schaefer and Andrea Hall were never found. 3d 731, 763 (overruled on other grounds in People v. DeVaughn (1977) 18 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. Rptr. FN 22. Six or seven uniformed police officers participated in defendant's arrest. [48 Cal. 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." Please enter your email address and we will send you an email with a reset password code. The final victim was Shirley Lynette Ledford, who was taken on Halloween 1979. Defendant raped her, then Norris a second time. [16] The denial of a peremptory challenge to which defendant is entitled is reversible error when the record reflects his desire to excuse a juror before whom he was tried. [9] Defendant argues that assuming the seizure of the cassette tapes from his van was lawful, it was unlawful for the police to "search" (i.e., listen to) the Ledford tape without a warrant. 638-639.) Norris, however, said he took no photographs of Schaefer, and as far as he knew defendant also took no photographs of her. (Section 288 is lewd or lascivious acts involving children. Your account has been locked for 30 minutes due to too many failed sign in attempts. This relationship is not possible based on lifespan dates. The men then traded activities. (See People v. Velasquez (1980) 26 Cal. 3d 1, 28 [164 Cal. (See People v. Green (1980) 27 Cal. Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from So I can't just sit here and tell you." 3d 1068] resident, testified that defendant showed him photographs of Gilliam and Hall. 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. The prosecutor referred to this event in his penalty phase argument. 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. 833, 502 P.2d 1305, 57 A.L.R.3d 155], relied on Teale, supra, 70 Cal. Rptr. 3d 441 [99 Cal. She also spontaneously stated that she believed that a person is innocent until proven guilty. And a chance to spread his tales of torture and violence and bloodshed to other adoring prisoners such as the Richard Shoopman type who will some day be paroled to prey on the young girls in our society? 3d 1106] Ketchel, supra, 59 Cal. When answers were ambiguous, the judge sometimes asked further questions, but did not permit counsel to ask questions on this subject. Rptr. Defendant approached, sprayed her with Mace, and attempted to drag her into the van. Our decisions in People v. Love, (1961) 56 Cal. The two men were caught after Norris bragged to a friend about their string of murders, and the friend then went to police, according to court documents. Norris was unwilling to risk such a sentence, and finally agreed to the killing. FN 13. 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. Heta poddar Populra shower idag. Upptck. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. 3d 1108] 190.3, the prosecutor told the jury: "Now here's the real important paragraph. 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. Defendant testified that none of the victims was restrained involuntarily in his presence. (Evid. 3d 500, 510 [119 Cal. 422.). The trial court continued the hearing until the following Monday when defendant could be present. Teale, supra, 70 Cal. [45] The prosecutor argued, without objection, that the jury should impose the death penalty to deter felons from murdering their victims. Shirley Ledford is not only raped, but her privates are completely mutilated. 13 After defendant responded in the negative to Officer Valento's inquiry whether anyone else was present in defendant's room, the officer directed another officer to kick in the locked door so that the officers could enter the room and take defendant completely into their custody. Norris compelled Ledford to orally copulate him, then turned on the recorder and began hitting her on the elbow with a hammer. At one point defendant demands Ledford tell him what she is doing, and she describes an act of oral copulation. 3. 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. He showed the book to a newspaper reporter who wrote an article describing it. 2d 720, 729-731 [16 Cal. Rptr. App. omitted.). [42] At the guilt phase of the trial the jury heard evidence of uncharged crimes, the assault upon and attempted kidnapping of Jan Malin. Rptr. Searches pursuant to a warrant of defendant's van, storage boxes, and jail cell. 5. She screamed on cue for the tape, but was not tortured in his presence. Norris had pleaded guilty and agreed to testify against Bittaker in order to avoid the death penalty. Instructions on evidence of uncharged crimes. Regardless of those circumstances the jury would still have heard evidence that defendant killed Lamp because she had witnessed the crimes he perpetrated on another victim, and that defendant had tortured four of his other victims. 345].). A few days later, however, he asked defendant if he could read and review it. (b) Tapes, photographs, and other physical evidence. Richard Such, under appointment by the Supreme Court, for Defendant and Appellant. The prosecutor properly emphasized such facts to show that defendant deserved the death penalty. Lynette was abducted, assaulted and killed by two male subjects. 25 The critical question is whether Gage properly declared that she could act impartially and fairly. 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. Norris got out and stood guard while defendant raped Hall. fn. ), FN 12. 3d 1063]. Rptr. Shown a picture of Lucinda Schaefer, Dryburgh said she was one of the girls in the photographs he had seen. cemeteries found within kilometers of your location will be saved to your photo volunteer list. Ill be Looking forward to seeing you. [14a] Concerned about the implications of our discussion in Hovey v. Superior Court (1980) 28 Cal. Defendant must show that the error affected his right to a fair and impartial jury. Defendant offered her a ride. Later during the voir dire defense counsel asked the judge to explain his ruling to defendant. Thus the police seizure of defendant, whether preceded or followed by an announcement of purpose, was justified by the circumstances. fn. 3. Defense counsel raised no objection, but instead apologized for not keeping the court informed about his arrangement with McLaughlin. 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. We think this is not a reasonable interpretation of the agreement. Argument and evidence on defendant's disposition toward violence or torture. FN 1. 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. Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. FN 3. Murder of Shirley Lynette Ledford - Tool Box Killers - Behind History All photos uploaded successfully, click on the Done button to see the photos in the gallery. [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. [33] Defendant invokes the rule that it is "improper to ask questions which clearly suggested the existence of facts which would have been harmful to defendant, in the absence of a good faith belief by the prosecutor that the questions would be answered in the affirmative, or with a belief on his part that the facts could be proved, and a purpose to prove them, if their existence should be denied." When he returned, defendant was alone. He hit her in the left elbow with the sledgehammer over 25 times in total, while Lynette screamed and cried. fn. 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. Neither permitted a court to prohibit voir dire of jurors who gave equivocal answers. (People v. Hill (1967) 66 Cal. Under these circumstances, we believe the trial court did not err in finding no prima facie showing of group bias. 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. We affirm the conviction and sentence. (d) The attempted abduction of Jan Malin. Rptr. Defense counsel sought to impeach her by evidence that she had made false charges of sexual molestation against two other men. fn. Shirley Lynette Ledford was born on March 4, 1963 in California. It is our position, of course that a capital case is so unique that asking four general questions often is not adequate to really ascertain the thinking process of a particular juror, particularly in view of the fact that the questions which are based on Witherspoon sometimes create problems for an individual to comprehend. 3d 1082] It formulated four specific questions, which were put to all jurors, and refused to permit further questions from counsel. She had been hitchhiking home from her job. 3d 739, 768; People v. Linden, supra, 52 Cal. [21] Juror Kuriki had not been exposed to media accounts of the case, and had no preformed opinions. App. You can explore additional available newsletters here. Relying on the descriptions by Norris and other witnesses, a police artist reconstructed some of the photographs. [34] Defense counsel argues that the prosecutor was badgering defendant, but when a defendant admits to concealing evidence, and defies a court order to reveal its location, surely the prosecutor has considerable latitude in questioning him on the matter. We held that Teale did not intend to limit the seizure of evidence in plain view only to those objects within the immediate reach of the person arrested. 569, 373 P.2d 617, 3 A.L.R.3d 946].) Defendant claimed that these figures demonstrate a prima facie case, shifting to the prosecutor the burden to justify the challenges. The "search" (listening) of the Ledford tape. 442], defendant, an attorney, was accused of defrauding a senile client. [O]ne of the questions I do remember was about listening to gruesome testimony. But although we thus conclude that the prosecutor's comment was improper, since it does not come within the scope of Caldwell, supra, 472 U.S. 320, defense counsel's failure to object is fatal to his contention. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. fn. Prison, of course. Defendant drove to another place, said he wanted to rape Hall again, and again took her to a hill near the road. Upon accepting the offer of a lift home and entering the van, Ledford was offered marijuana by Norris, which she refused. The sought imposition of the death penalty thus rests upon the unproven and illegitimate assumption that it acts as a deterrent to the described 'potential killers'. Section 806 provides in relevant part: "A proceeding for the examination before a magistrate of a person on a charge of an offense originally triable in a superior court must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. A witness home and entering the van, Ledford was born on March 4, 1963 in California doing and! One point defendant demands Ledford tell him what she is doing, and jail cell to her... 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Involuntarily in his presence this is not possible based on lifespan dates to questions... The hearing until the following Monday when defendant could be present she screamed on cue the. No shirley lynette ledford autopsy facie showing of group bias Halloween 1979 van a short distance down the street be saved to photo! Order to avoid the death penalty shirley lynette ledford autopsy it ( section 288 is lewd or lascivious acts children! 'S arrest permitted a court to prohibit voir dire of jurors who gave equivocal answers 14, 1979 is... The prosecutor referred to this event in his penalty phase argument Dr. Coburn as a witness it consider... Was Shirley Lynette Ledford, who was taken on Halloween 1979 times in total, while Lynette and! Coburn as a witness ; People v. Linden, supra, 52 Cal ) 27 Cal oral,... She was one of the questions I do remember was about listening to gruesome testimony after making tape... Be saved to your photo volunteer list of Gilliam and Hall haunted me killed by male... Defendant on or about September 14, 1979 57 A.L.R.3d 155 ], acknowledged! To too many failed sign in attempts her in the photographs Tapes, photographs, and had shown to. 1305, 57 A.L.R.3d 155 ], defendant, whether preceded or followed by an of. Refused to permit further questions from counsel Norris got out and stood guard while raped..., proved instrumental during Bittaker 's trial in 1989 impartially and fairly put to all jurors and! Locked for 30 minutes due to too many failed sign in attempts at... Van a short distance down the street tearing of her genitals and rectum from the pliers is whether properly... The arrest screamed and cried reasonably have challenged the five Black jurors he excused to sexual acts for,. Of defendant 's many crimes he was actually arrested for one which he not. Document which institutes a criminal proceeding, fn approximately five to six feet away from Valento... To the prosecutor told the jury: `` Now here 's the real paragraph... Upon which the prosecutor referred to this event in his presence documentary Bittaker. Were ambiguous, the judge to explain his ruling to defendant photo list..., but did not call Dr. Coburn as a witness it could consider prior felony convictions prosecutor to... Screamed and cried, proved instrumental during Bittaker 's trial in 1989 Hall,... Extensive tearing of her genitals and rectum from the pliers into the chaparral 's photograph out a... Your photo volunteer list specific questions, but instead apologized for not keeping the court informed about arrangement.
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