Because the special circumstance finding was reversed on other grounds, we did not reach the question of prejudice. Translation on Find a Grave is an ongoing project. The horrifying tape, which featured Ledford screaming and begging for her life, proved instrumental during Bittaker's trial in 1989. [25] It is clear that defendant's motion was untimely. Has he earned the death penalty for the torture and suffering that he inflicted on Cindy Schaefer, Andrea Hall, Jackie Gilliam, Leah Lamp, and Lynette Ledford?" [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. Norris had been convicted of rape. Rest forever in peace Shirley Lynette Ledford, may we meet in Heaven or when Judgment day comes. I am glad I didnt listen to the actual thing. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. [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." Rptr. Rptr. The two then opted to dump her body on a random lawn in the Sunland neighborhood, because they wanted to see the press reaction to its discovery. Instantly, without saying a word, defendant stabbed Louie. On Halloween 1979, a 16-year-old girl named Shirley "Lynette" Ledford, who lived in Burbank, California, decided to hitchhike home after a party. Richard Shoopman, a convict friend of defendant and Norris, said Norris had told him many times of his desire to rape young women. North v. Superior Court (1972) 8 Cal. I mean the aggravating circumstances on a scale, they're going to put the scale way down at the bottom. We do not rely on argument of defense counsel to sustain the penalty verdict. The prosecutor properly emphasized such facts to show that defendant deserved the death penalty. Defendant testified that he never saw them again. (People v. Ghent, supra, 43 Cal. We therefore find no error in the ruling. The police ultimately recovered fourteen photographs and five letters, two of which were introduced as evidence. 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. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. (Pp. 3d 749, 770-771.) Since we have determined that the tape was properly seized, and defendant failed to object to the playing of the tape, the issue does not warrant further discussion. 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. arnold edwin corll shirley lynette ledford autopsy. They drove [48 Cal. With respect to six of the seven instances cited, we see no arguable basis for claiming that defendant's absence "prejudiced his case or denied him a fair and impartial trial." 2. 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." 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. 81 [273 P. 575], the court affirmed a judgment, despite erroneous restriction of voir dire, because defendant confessed from the stand, "the result was just, and would have been reached if the error had not been committed." On cross-examination, defendant acknowledged that he had begun writing a book, and had shown drafts to a newspaper reporter and a guard. He then strangled Hall until she died and threw the body over an embankment into some bushes. Defendant also told Lambert of his abduction of two girls on one occasion, and of another girl on Halloween night (when Ledford was murdered). 13. Defendant told Douglas that he tortured Ledford by pulling on her genitals and breasts with a vise grip. Defendant was sentenced to death. Defendant then killed Hall by thrusting an ice pick through her ear into her brain. 1. 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). Real-Time Avsnitt som spelas nu. Defendant contends that both his arrest and the subsequent searches and seizures were illegal. Before they could offer her a ride, a man in another car picked up Hall. 3d 889, 896 [135 Cal. 294.) Defendant set out to rape Gilliam. The prosecutor's appeal, to be sure, was largely aimed at the emotions of the jury, but at the penalty phase, where the issue is whether defendant should be killed, considerable leeway is given for emotional appeal so long as it relates to relevant considerations. Rptr. 32, Other portions of the prosecutor's address implicate another concern we addressed in Brown, supra, 40 Cal. 780, 633 P.2d 976].) 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. 3d 731, 758 [117 Cal. 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. He claims that when the officers began seizing items contained in the van, rather than merely "examining" the van for its "evidentiary value," the officers went beyond the permitted examination. FN 28. Defendant turned on his tape recorder. [] If the death penalty isn't proper in this case, when would it ever be proper? FN 23. 3d 1068] resident, testified that defendant showed him photographs of Gilliam and Hall. We conclude that the misconduct in question is cognizable on appeal. At one point defendant demands Ledford tell him what she is doing, and she describes an act of oral copulation. Norris said the look of shock and fear on the victim's face particularly aroused him. The Attorney General points to People v. Hendricks, supra, 44 Cal. (Pp. [15] We see no reason why the courts should not recognize those differences, and limit reversals to those cases in which the erroneous ruling affected defendant's right to a fair and impartial jury. 2d 503, 536-540, condemn such argument. 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. 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.". 3d 1073], All that is lacking by way of full compliance with section 844 is an announcement of the officer's purpose. Since the erroneous denial of a challenge for cause compels the defense to use a peremptory challenge, a similar analysis applies to denial of a challenge for cause. The court overruled defendant's objection. The judge then announced that, although he was satisfied with his rulings on challenges for cause, "I have decided to give you two additional peremptories in addition to the 26 based on an abundance of caution." One such special circumstance would suffice to determine that defendant had in this proceeding been convicted of more than one murder; the remaining nineteen are superfluous. Norris was required to testify truthfully. 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. 626] [torture-murder special circumstance does not require proof of causation] [48 Cal. 7 Thus, defendant does not allege insufficient probable cause; rather, he contends that the procedure and form used for the issuance of the warrant were illegal. We think this is not a reasonable interpretation of the agreement. (e) The method of weighing factors and determining penalty. (Pp. Lloyd Carlos Douglas testified that defendant told him in detail of the abduction of Gilliam and Lamp, the rape and torture of Gilliam, and the murder of both girls. What a horrible story. Norris said he had told Schaefer that she would not be killed, but defendant insisted on killing her so she could not identify them. [48 Cal. 800, 689 P.2d 430].) 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. At trial, defendant objected to the seizure of the tape from the van, but not to the subsequent "search" of the tape. We see no reasonable possibility that information about another violent rape -- this one committed many years earlier -- would have altered the verdict. This opinion was based on reading newspaper accounts of the case. The prosecutor's use of peremptory challenges. 777, 366 P.2d 33] and People v. Ketchel, supra, 59 Cal. (P. 3d 1088] actually show that his right to an impartial jury was affected because he was deprived of a peremptory challenge which he would have used to excuse a juror who sat on his case, he is entitled to reversal; he does not have to show that the outcome of the case itself would have been different. After about 45 minutes defendant emerged, and the 2 men argued whether to kill Schaefer. In his room police discovered seven bottles of various acids, which Norris said defendant planned to test on his next victim. Rptr. He excused those jurors who raised their hand. [1a] Defendant argues that the warrant for his arrest and, hence, his arrest, the searches and seizures incident thereto, and statements obtained from defendant while under arrest were improperly obtained because no complaint was on file at the time the arrest warrant was issued. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? (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.). Lynettes autopsy revealed blunt force trauma to the head, face, and breasts, and her left elbow was completely shattered. fn. They put Ledford's body in a bed of ivy in a suburban neighborhood, where it was discovered by an early morning jogger. This flower has been reported and will not be visible while under review. The bodies of Lucinda Schaefer and Andrea Hall were never found. Here it is the defendant who has a privilege not to call the witness. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. (See Ross, supra, 487 U.S. at p. 88 [101 L.Ed.2d at p. 90, 108 S.Ct. You're bound by law, you're bound as jurors to follow the law. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Defense counsel agreed, but again objected that vague answers to the court's questions did not really reveal the views of the jurors, and the court's ruling did not give attorneys latitude to explore the matter. Nothing has made me react like this before. The provision in the agreement providing for judicial review to determine whether the district attorney abused his discretion is troubling. Rptr. We find, however, insufficient basis for reversal of the verdict. FN 16. Defendant claimed that these figures demonstrate a prima facie case, shifting to the prosecutor the burden to justify the challenges. We found no error, stating that "[t]he determination whether a juror has shown that he entertains 'conscientious scruples against conviction where the penalty is death' and to refuse further examination on the point [citation] reposes within the discretion of the court." Arresting officers' compliance with section 844. You can customize the cemeteries you volunteer for by selecting or deselecting below. The first portion of the tape contains a male voice, identified as defendant's, and screaming from a female voice, stipulated to be Ledford's. When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. Most of the killings involved the rape and torture of the victims. Ill be Looking forward to seeing you. 3d 1067] when Norris said they were killed. 2d 711, 726, 91 S. Ct. In People v. Minjares (1979) 24 Cal. My only regret in this case, ladies and gentlemen, is that I can't ask you for more than the death penalty. Defendant indicated that he had no objection to a search. Defendant presumably could have given the court or counsel any information he had at that time. Questions and comment on defendant concealing evidence. The prosecutor asked, "in fact, Mr. Bittaker, Mr. Norris was afraid of you, isn't that true?" 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.". This site is protected by reCAPTCHA and the Google. 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. 3d 1062] area. 224, 591 P.2d 514], however, the court criticized the use of the "instrumentality of the crime" theory to justify the search of an automobile. Upon returning, he arranged for Norris to take a series of photographs of him with Gilliam, beginning with them clothed, then nude, then during intercourse and oral copulation. Notify me of follow-up comments by email. There are no volunteers for this cemetery. David Lambert shared a jail cell with defendant. 2d 564, 91 S.Ct. In People v. Tubby (1949) 34 Cal. If you take somebody's life, willfully take somebody's life, that you give up your own." 3d 1097]. Exclusion of evidence of crimes of Norris and Jackson. Steven Eastman, a visitor at the motel, also heard the tape. App. (Hill, supra, 12 Cal.3d at p. Norris, however, said he took no photographs of Schaefer, and as far as he knew defendant also took no photographs of her. 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. Juror Martin expressed considerable doubt whether she could vote for a verdict of first degree murder in a case in which the body had never been found. Has Lawrence Sigmond Bittaker earned in this case n't ask you for more than the death is. Other portions of the agreement providing for judicial review to determine whether the district Attorney his. 'Re going to put the scale way down at the bottom blunt force trauma the. Overlooked both Wiley, supra, 487 U.S. at p. 90, 108 S.Ct his argument, he asked jury!, 18 Cal in his room police discovered seven bottles of various acids, which Ledford... Ask you for more than the death penalty in peace Shirley Lynette Ledford, we... 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